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HomeMy WebLinkAboutM032172March 21, 1972 STAVE Ok' CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.mo pursuant to adjournment. Present: Supe*•visors Madigan, Maxon, McKillop, Reynolds and Chairman Gilman. Clifton Mickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. INVOCATION: Rev. Patrick Murphy, St. Thomas Catholic Church, Oroville Pledge of allegiance to the Flag of the United States of America 72-504 APPROVAL OIL' MINUTES On motion of. Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the minutes of March 14, 1972 were approved as mailed, 72-505 COMMUNICATIONS Pi rector of Planning. Mr. Lawson files report on Planning Commission's denial of the Robert L. Britton rezoning petition. Action to be taken later in the meeting. Frank 0. Clegg, Oroville. Mr. Clegg, writing on behalf oL- himself and several neighbors, writes to request rehearing on the Seco Enterprises, Inc, use permit for the proposed 188 unit apartments. Letter to be acted upon when Planning Director is present. John V. Pressel, Paradise. Mr. Pressel writes as chairman of a group wishing ~ to form the "Chaney Lane Improvement District" for purposes of bringing t~b ~~~ Chaney Lane up to county standards for public rand purposes and maintenance by Butte County. Request Board approval to proceed with petitioning for formation of the assessment district under the 1911 or 1913 Bond Act. Referred to Mr. Castleberry and Supervisor Maxon for their consideration. Mrs. Helen Mo Roseman, Chicoo Mrs. Roseman questions the opening of the cl ~ ,~ c~Butte Meadows Road so early in the year. Letter discussed. Mr. Castleberry -1 explained why road had been opened ai: this time. Charles E. Stevens, Ukiah. Mr. Stevens writes to request a special hearing • by the Board of Equalization for purpose of correcting assessments on two parcels of propertyo He also states that his tax bill reflects an assessment for OoWoI.D. taxes even though his parcels are not within the boundaries of OoW.T.D. Referred to Assessor for responseo John M. Bach, attorney. Claim for personal injuries and damages filed. on behalf of Katherine Whitney in the amount of $451,34D in connection with her termination or suspension by the Economic Opportunity Councilo See motion rejecting claim following communications. California Chamber of Commerce. The Chamber sends notice of a solid waste ,~ ~ ~ p ~ management conference to be held is Sacramento April 3 through 5, 1972. No action; information only. Cottonwood Dams Development Committee. The Committee states that the 1973 federal budget has omitted appropriation for the Cottonwood Creek ~?~~ O Q Project and they solicit support for reinstating this appropriation. Discussed; Mr, Cast eberry will draft a letter of support of this matter and return wi',th letter for Chairman's signature. Page 444. March 21, 1972 March 21~ 1972 County Supervisors Association of California. Writes regarding the "California County Platform" and specifically requests the County's opinion an Butte County's location in a particular air basin to be included with their review of environmental quality ,sections of the platform. Board members will study and make recommendations at later date, Public Utilities Commission. The Commission sends notice of hearing and Application No. 53118 for increase in gas rates and charges. Information only. State Department of Conservation. James G. Stearns, director, writes regarding Assembly Bi11s 1 and 20 which provide for payments to ' oa '~ ~ local governments and school districts and part compensation for revenue shifts resulting from the open space programs under the Land Conservation Act. The administration of this program has been delegated to the Department of Conservation, Discussed; Administrative Officer will have Auditor and Assessor make report to Board in this matter. State Department of Human Resources Development. Mary Thebach, WIN coach, in Oroville office, sends a "Job Report" on the two cases which were terminated successfully by permanent employment. Information only. State Division of Industrial Safety. The Division sends report of deficiency on the dumbwaiter elevator located in the old jail portion of the Courthouse because of the hoist rope which has not been replaced, Discussed; Public Works Director will handled matter, State I-Curran Relations Agency. The Agency forwards a copy of the California ~ ~ State Plan for comprehensive alcohol abuse and alcoholism prevention, 7~ ' ~~ treatment and rehabilitation, The State plan proposes to allocate $10,000 to Butte County in federal formula grant funds under this program, These funds should be available in late May of 1972 and the County will be required to submit an initial county alcohol abuse and alcoholism plano Discussed. Referred to Ax. Heindl for her consideration and report to the Board. Senator Fred W. Mailer, Jr. Senator Marler expresses his thanks far receipt of Butte County Resolution 72-36 opposing Assembly Bill 85 and states 4 ~ ,~ Zthat he is also opposed to this bill and will vote against it> Information only. Governor Reagan. The Governor forwards copy of proclamation calling for special election to be consolidated with the direct primary election on the 6th day of June, 1972 listing all of the various ballot items. Refer copy to Election Department. Office of Economic Opportunity. O,E.O. Regional Council in San Francisco forwards copy of OvEoO. Instruction 6903-3 which modifies long -Z ~.a 0 standing policy concerning payment of overtime to employees of O,E,O, Grantees, Payment is now authorized for employees eaxning up to $10,000 annually instaed of the previous limitation of $7,000 annually. Mr. Elmore will report back on this item. Mr. Rackerby will be requested to study the letter. No action taken. U.S, Department of Agriculture-Forest Service. Lloyd R. Britton, forest supervisor, writes regarding the private land developments within and C~ ~ adjacent to Plumas National Forest and various problems in connection b t•~ therewith having to do wfth utilities, fire protection, etc. and roads. Discussed. Supervisor McKillop, Mr. Castleberry and representative of Biv, of Forestry will meet to discuss matter. Administrative Officer will write letter setting up meeting. Judicial Council of State of California. Appointment of Gridley Judicial Court. No action necessary. Chico State College Associated Students Legislature. Appointment of representatives ~ ~ 5~,~~ to appear at Board meetings. Representative introduced-Mr, Ross Powell.. Board of Trustees, Butte County Couununity Hospital. Termination of Dr. Bally D ~ as Hospital Administrator. Discussed. Supervisors McKillop and Reynolds pl' request matter be discussed during executive session. No action taken, Page 445. March 21, 1972 March 21, 1972 ~ 0 74Drainage District No. One. Appointment of Trustee to replace Mr. Hunzeker. See motion following communications. Grace & John Hodgkins. Opposition to building of a medical complex by ?~~'~ o Dr. Sonntag on Pentz Road. Discussed; referred to Planning Commission. Preston K. Minto. Easement for access road by U.So Hertz Companyo Referred j/ 3, O0 to Mro Castleberry. Robert L. Britton, Chico, Mr. Britton requests an appeal to the March 9 decision of the Butte County Planning Commission which rejected his petition to rezone to S-1 approximately 407 acres west of the City of Chico. Hearing set for April 18, 1972 at 1:30 p.m. Wildlife Conservation Board Agenda. Supervisor McKillop presented the letter from the Wildlife Conservation Board. He stated that the access road for this County is on the agenda for the next meeting. Copies of the agenda will be made for theBoard members. STUDENTS OF LAS PLUMAS HIGH SCHOOL WELCOMED BY CHAIRMAN GILMAN 72-506 CLAIM OF KATHERINE WHITNEY REJECTED On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, the claim of Katherine Whitney in the amount of $451,340 in connection with her termination or suspension by the Economic Opportunity Council was rejected and referred to County Counsel. 72-507 APPROVE APPOINTMENT OF TRUSTEE OF DRAINAGE DISTRICT N0. ONE On motion of Supervisor Reynolds, seconded by Supervisor Gilman and unanimously carried, the resignation of Mr. Paul Hunzeker as Trustee of Drainage District No. One was accepted and Clare Campbell`s appointment as Trustee to replace Mr. Hunzeker was approved. 72-508 REJECT CLAIM OF D. J. ELSTON On motion of Supervisor Maw n, seconded by Supervisor Madigan and unanimously carried, the claim of D. J. Elston in the amount of $10,000, plus, for alleged injury incurred in respect to the New Era firewood operations was rejected and referred to County Counsel. 72-509 ADOPT RESOLUTION 72-54 CONSOLIDATION OF ELECTIONS WITH JUNE PRIMARY On motion of Supervisor Madigan, seconded by Supervisor Maxon and unanimously carried, Resolution 72-54 consolidation of Yuba County School District elections with the Direct June Primary Election was adopted and the Chairman was authorized to sign. 72-510 ADOPT RESOLUTION 72-55 CONSOLIDATION OF RE-CALL ELECTION WITH JUNE PRIMARY On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, Resolution 72-55 consolidation the re-call elections of Supervisors McKillop and Reynolds with the Direct June Primary was adopted and the Chairman was authorized to sign. 72-511 ADOPT RESOLUTION 72-56 CONSOLIDATION OF CHARTER AMENDMENT CONCERNING HOSPITAL MEASURE WITH JUNE PRIMARY ELECTION Dan Blackstock, County Counsel, reported on the certification of the petition concerning the placing of the Hospital Measure on the June Primary ballot. This would concern a charter amendment. Certification discussed. On motion of Supervisor Reynolds, seconded by Supervisor Maxon and unanimously carried, Resolution 72-56 consolidating the Charter Amendment concerning the hospital measure with the June Primary was adopted and the Chairman was authorized to sign, 72-512 AUTHORIZE COUNTY COUNSEL TO PREPARE RESOLUTION TO PLACE BOND ISSUE FOR COUNTY HOSPITAL ON .TUNE PRIMARY ELECTION BALLOT Dan Blackstock, County Counsel, presented a rough draft form of the proposed bond issue for the hospital. He stated he had not included the amount of the bond issue withinl, ge ~4r6Oposal. Proposed bond issue draft . March 21, 1972 ____________W ___March21,,1972___ discussed, Mr. Blackstock stated he had drafted this proposal so that it will cover everything. The Board could use the bond issue monies to build a new facility or use it to renovate the old building. Issues to be placed on ballot discussed, Mr. Nickelson stated he had checked with the state on the costs for construction of a 50 bed unit and it would amount to approximately $3,000,000. He said he did not know if the Comprehensive Health Planning Commission would approve a facility that small. Discussed how the matter could be handled. Supervisor McKillop said he felt that a bond measure on the hospital would be premature. The County should determine whether the people want the hospitalo If the people want the hospital, then put the bond issue before the voters. The people should first determine whether the facility should be maintained. Supervisor Reynolds said he would agree with Supervisor McKillopo Supervisor Madigan felt that both issues should be on the balloto Time spent discussing action that should be taken at this time. It was moved by Supervisor Maxon, seconded by Supervisor Madigan and carried that the bond issue draft concerning the county hospital, presented by County Counsel be approved and that County Counsel prepare the resolution consolidating this matter with the June Primary Election, and to add within the resolution the amount of the bond issue-$3,000,000, AYES: Supervisors Madigan, Maxon and Chairman Gilman NOES: Supervisors PcKillop and Reynolds Charter proposals presented by County Counsel to the Board members. Charter amendments discussed. One of the proposals was whether the County of Butte should maintain a hospital. Charter amendment proposals set out and discussed. No further action taken. RECESS: 10:06 RECONVENED: 10:20 72-513 DISCUSSION: MINUTES OF MARCH 7th, 1972 AND ADOPTION OF RESOLUTION APPROVING STANDARDS FOR SifBllIViSI0N5& LAND DzVISIONS Discussed the minutes of March 7, 1972, It was moved by Supervisor Madigan and seconded by Supervisor Gilman that the minutes of March 7, 1972 be amended to ratify that the Board adopted a resolution establishing subdivision and land division standards and that the minutes be approved with this correction. Motion discussed. Mro Castleberry said he has the resolution for the standards in rough draft form. Supervisor McKillop felt that the Board should see the finished form before the resolution was adopted, Matter held over to the meeting of April 4th, 1972 for action. Motion and second withdrawn, 72-514 REPORT RELATING TO COMMUNICATION BY ASSEMBLYMAN Z'BERG RELATIVE TO STATE'S FOREST PRACTICE ACT Dan Blackstock, County Gounsel, reported on the communication by Assemblyman Z'Berg relative to State's Forest Practice Act. He stated that there was a possibility that the Board of Supervisors were going to be in a position to regulate this matter themselves, or there might not be any regulations at all, .He said by April 4th he will be able to report more on this Act. He said the interim legislation was still before the committee. No action taken at this time, 72-515 ADOPT RESOLUTION 72-57 OPPOSING THE DESIGNATION OF THE SACRAMENTO RIVER AS A WILD RIVER On motion of Supervisor`Reynolds, seconded by Supervisor Madigan and Page 447, March 21, 1972 March 21, 1972 unanimously carried, Resolution 72-5~7 opposing the designation of the Sacramento River as a wild river was adapted and the Chairman was authorized to sign. 72-516 REPORT ON FINANCING SCHOOL FOR MENTALLY AND PHYSICALLY HANDICAPPED Mr. Blackstock reported on the financing of the school for mentally and physically handicapped., lCe explained how the financing was handled, SO% of the cost is in the ,form of a straight grant from the State; 10% would be from the Chico School System; 40% would be paid by the general tax rate o€ the Counl-yo This procedure raas utilized in the construction of the other building about S years ago, He said that if any of the Board members would like to look. over his file of the other building, he would be happy to show it to them. Discussed the building of this facility. No action taken at this times 72-517 PROPOSE- ORDINANCE TO REQUIRE ASSESSOR PARCEL NUMBERS ON DEEDS• -EFERRED Mr. Blackstockstock stated that he has been requested by the Assessor to delay action on the ordinance to require Assessor parcel numbers on deeds. Matter delayed to April 4, 1972. RECESS: The Board recessed at 11"•:35 to go info an Executive Session RECONVENED: The Board reconvened at 11:05 following an executive session 72-5i8 APPROVE ACTION OF THE HOSPITAL BOARD OF TRUSTEES ACCEPTING TERMINATION OF DR. BATLY AS ADMINISTRATOR On motion of Supervisor Maxon, seconded by Supervisor Madigan and carried, the Board approved the action of the Hospital Board of Trustees that Dr, Bailey be terminated as Interim Administrator of the Hospital.. AYES: Supervisors Madigan, Maxon, and Chairman Gilman NOES: Supervisor McKillop and Reynolds It was moved by Supervisor Maxon, seconded by Supervisor Madigan and carried, that the Board approve the recommendation of the Hospital Board of Trustees and appoint Ed Robinson as Interim Director of the Community Hospital, and that a letter be written to the Community Hospital Board of Trustees giving Mr. Robinson full authority as to the hiring and firing of the personnel at the hospital. AYES: Supervisors Madigan, Maxon, Reynolds and Chairman Gilman NOES: Supervisor McKillop'. It was moved by Supervisor Reynolds and seconded by Supervisor McKillop that because of the undue criticism placed on Dr, Bailey as Interim Hospital Administrator in these trying times of the possible closure of the hospital when no administrator would come in to be hired, that a letter be ~oritten to Dr. Bailey in appreciation of what he did do and to state that at time he did not receive the support he should have received and that he is considered to be a good doctor, Motion discussed. AYES:. Supervisors McKillop and Reynolds NOES: Supervisors Madigan, Maxon and Chairman Gilman It was moved by Supervisor Maxon, seconded by Supervisor Madigan and carried, that the appointment of Ed Robinson as interim administrator of the hospital be effective immediately, AYES: Supervisors Madigan, Maxon and Chairman Gilman NOES: Supervisors McKillop and Reynolds Page 448, March 21, 1972 March 2I, 1972 72-519 APPEARANCES: 1. Dan Pellicotti, Oroville. He spoke concerning the matter of .the County Hospital. He said he did not think the hospital needed a Board of Trustees. He asked if Mr. Robinson was an employee of this County at the present time. He said tl~at with the action just taken by this Board, Mr. Robinson would be holding two positions. He felt the Board was making a mistake. Mr. Pelliocotti said the hospital used to be run on a business basis. tte said he hoped that the people in Oroville will bring enough pressure to keep the hospital open, 2. Mr. Harold Brown, Crestview Drive, Paradise. He commented on the new access road that is contemplated for the Valley View area. He said it was his understanding L-hat there would be an assessment district established. He said he felt the whole situation should be reviewed from the angle of alternate routes and whether the home owners would benefit from the access road. He said this was a start to the opposition that will be expressed to this road. 3. Mrs. Katherine', Best, Valley View Drive, Paradise. She sta ted that Mr. Brown would not be in the assessment district. Mr. McCain's report was due to be presented at this meeting. She requested that she be allowed to see the report if it had been filed. Mr. Castleberry said he was advised that this report was being typed at this time. Mrs. Best said she was explaining Mr. McCain`s recommendation to the people in the Paradise area. She hoped that this matter would not be sent to LAFCO for their next meeting. She was told that the matter had not been prepared for presentation to LAFCO. 72-520 PRESENTATION OF PETITION FOR SEWER AND OTHER SERVICES FOR DOWNTOWN PARADISE AREA Mr. George Hersey, Paradise, presented petitions for sewer and 0 ~,~ other services for downtown Paradise area. A letter from Mr. Robert Bru!.tsell, of Sturgis, Den-Dulk, Douglass and Anderson, was read and discussed. Mr. Hersey gave the background history of the problem in ,Paradise. Paradise Betterment Association first started the petition. It is felt that nova was the time to present the petitions to request that a service area be formed *o handle this matter. He explained the wording of the petition. There has been a problem of sewage running down the Skycaay. The High School has been having problems. The Water Quality Control Board is putting pressure on the people; they said Paradise had until October lst, 1972 to prepare a proposition for them for a sewage disposal system. Mr, Hersey stated there were people present that would like to speak on the matter. Appearing: Mr. Eugene Evens, Supt. of Schools, Paradise. He said the schools do have a problem. They would be willing to be a part of the service district. (2) Mr. Fred Iiignell, owner of the Paradise Shopping Area. They have had considerable trauble with sewage. They would like to be a part of the service district. (3) Mr. Ray Richter, he has a business on the Skyway. He felt the area could use the sewage district. Supervisor Maxon said he would have no objection to an informal hearing being held to discuss this matter. Mr. Hersey set out the dates that a hearing could be held in a room of the High School. Supervisor Maxon requested that the people put together all the information they can secure in this matter. Dan Cook will have the cost figures for the system. April 7th at 7:30 p.m. tentatively set as date for hearing in this matter. 72-521 AFPROVAL OF PLANS & SPECIFICATIONS: EAST 5th AVENUE BRIDGE 55213-70-1(T1) TOPICS On motion of Supervisor Madigan, seconded by Supervisor McKillop and unanimously carried, the plans and specifications for the East 5th Avenue Bridge was approved, the Chairman and Director of Public Works were authorized Page 4~9. March 21, 1972 _______________March-21,=1972 =___ ____-______ to sign the plans; wage scale adopted and bid opening set for 11:00 a,m, in the Public Works office on April 20, 1972. 72-522 APPROVE RIGHT OF WAY CERTIFICATION N0, 2, TRAFFIC SIGNAL INSTALLATIONS AT INTERSECTION SKYWAY AT PEARSON, CLARK ROAD AT PEARS ON AND ORO DAM BLVD., TOPICS: ADOPT RESOLUTION 72-58 AU].TIORIZING CHAIRMAN TO SIGN CE~tilixiCATION AND APPROVE REVISED PROGRAM TO OROVILLE-PARADISE URBAN AREA TOPICS AGREEMENT- On motion of Supervisor N[axon, seconded by Supervisor Madigan and unanimously carried, the right of way Certification No. 2, for traffic signal installations at the intersections of Skyway at Pearson, Clark Road at Pearson and Oro Dam Boulevard, TOPICS, was approved, Resolution 72-58 authorizing the Chairman to sign the certification was adopted; the revised program to the Oroville-Paradise urban area TOPICS Agreement (T-3053- and T-3057) ryas approved and the Director of Public Works was authorized to convey the Board's approval by letter. 72-523 RESOLUTION re PARALLEL PARKING ON ALMOND STREET, PARADISE: ACTION DEFERRED The resolution regarding parallel parking on Almond Street, Paradise, to eliminate a hazardous parking problem between Birch and Pearson was discussed. Supervisor Maxon said he had a reservation concerning the alley. No action taken at this time; matter to be placed back on the April 4th agenda. 72-524 ADOPT ORDINANCES N0. 1249, 1250, 1251 and 1252, FOR NEW BUILDING, PLUMBING, ELECTRICAL AND MECHANICAL CODES On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, the following ordinances were adopted and the Ghairman was authorized to sign: Ordinance No. 1249 - Adopting by reference the Uniform Building Code- 1970 Edition No, 1250 - Adopting the Uniform Plumbing Code, 1970 Edition No, 1251 - Adopting the uniform Mechanical Code No. 1252 - Adopting the Uniform Electrical Code 72-525 APP ROVE AGREEMENTS FOR SALE RIGHT OF WAY AC UISITION On motion of Super visor McKillop, seconded by Supervisor Maxon and unanimously carried, the following agreements for sale for right of way acquisition were approved, the Chairman was authorized to sign and the Auditor was authorized to issue warrant upon demand of County's excrow agent: Total: Oro-Quincy @ Bald Rock R, Blaney 1.355 ac, $813 -0- impr. $813 Lwr. Wynd. @ Oro-Bangor Ho Poach et ux 0,006 ac. 50 -0- impr. 50, Lwr. Wynd. @ Oro-Banf or F. Morrison 0,025 ac. 91 -0- impr, 91. Lwr. Wynd. @ Oro-Bangor L. Largent 0.006 ac. 50 -0- impr. 50. Forbestown Rd. 27581 Do Baldwin 3.92 ac. EXCHANGE (Olive Hwy, relocation) et a1 72-526 ACCEPTANCE OF DEEDS: RIGHTOF WAY ACQUISITION On motion of Supervisor Maxon, ~conded by Supervisor Madigan and unanimously carried, the Chairman was authorized Go sign Certificates of Acceptance for the foll~~ing: Lassen Avenue AP 44-33 Go S. Dimas Lassen Avenue AP 44-33 J. Drake Forbestown Rd. Parcel 1 D. Baldwin et al 72-527 AUTHORIZE CHAIRMAN TO SIGN QUITCLAIM DEED-t), K. BALDWIN ET AL, FORBESTOWN ROAD (OLIVE HIGHWAY RELOCATION) On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried,, the Chairman was authorized to sign the quitclaim deed to D. K, Baldwin et al for a portion of Forbestown Road 27581 (Olive Highway Page 4500 March 21, 1972 -___-_ ____= W ===rlarch21~~.9Z2_______________ relocation) surplus property. 72-528 ACCEPTANCE OF LOW BIDS FORBESTOWN ROAD Clay Castleberry, Director of Public Works, reported on the bids received for the Forbestown road project. Fourteen bids were received. He recommended that the low bid of Lloyd J. Rodoni of Saratoga in the amount of $213,745.20 be accepted. On motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, the low bid of Lloyd J. Rodoni of Saratoga in the amount of $213,745.20 for the Forbestown Road project be accepted and the Chairman authorized to sign the contract, upon approval of County Counsel. 72-529 PUBLIC WORKS AUTHORIZED TO BRING BACK BID PLANS FORA PORTION OF THE ORO-QUINCY ROAD Mr. Castleberry reported that he has a project approved on the Oro-Quincy Road for next years budget. He said the Streets & Highways Code allows these projects to be advertised for bids after March 1st, from funds to be received in the next fiscal year. He would like to bring back to the Board at their next meet, bid specifications for call for bids. He said Public Works could prepare the necessary documents if the Board does not object. Supervisor McKillop felt that now was the time to go to bid. On motion of Supervisor NicKillop,seconded by Supervisor Maxon and unanimously carried, Public Works llepartment was authorized to prepare bid plans for the road project of a portion of the Oro-Quincy Roado 72-530 SUPERVISOR MAX_ON RF.QUF.ST REPORT ON THE YELLOW LINES PLACED ON ROADS Supervisor Maxon said he would like a report on the mandating of the yellow lines on roads within the County. He has talked with several of the State Legislators and other people at State level and it is felt that if there is proper support, this regulation might be changed, Mr. Castleberry said he would be meeting with the State and CountyEngineers this week and he will bring up this subject. He will keep the Board advised of his discussions. 72-531 LETTER FROM JUDGE VANDEGRIFT: ORAL EXAMINING BOARD FOR GRIDLEY JUSTICE COURT A letter from Lucian B, Fandegrift, Superior Court Judge, was read concerning the appointment of the oral examining board to interview candidates for the office of judge of the justice court, Gridley Judicial District. Iie said interviews were being scheduled for Monday, April 3, 1972. . RECESS: 12:00 RECONVENED: 1:30 72-532 PUBLIC HEARING: PROPOSED REZONING FROM "A-R" (AGR.-RES.} TO "AR-h9I" _(AGR. RESIDENTIAL-MOBILE HOME) DISTRICT. WEST SIDE OF FOOTHILL BLDVD., OROVILLE The public hearing on the .Fames Dougherty-proposed rezoning from "A-R" (agricultural-residential) to "AR-MH" (agricultural residential-mobile home) district, for property located on the west side of Foothill Blvd., approximately 1/3 mile south of Oro Bangor Hwy., identified as AP 36-36-07, Oroville, containing 0.973 acre, was held as advertised. Jim Lawson, Planning Director, summarized the actions of the Planning Commission in this matter. The Planning Commission recommend approval of the rezoning. Hearing opened to the public. Appearing in opposition: no one• Appearing in favor: no one, Hearing closed to the public and confined to the Board for action. Page 451. March 21, 1972 ______________ March=21,=1972=____________ 72-533 ADOPTION OF ORDINANCE N0. 1253 ZONING A PORTION OF COUNTY AN "AR-MH" AGRICULTURAL RESIDENTIAL-MOBILE HOME) DISTRICT On motion of Supervisor McKillop, seconded by Supervisor Maxon and unanimously carried, Ordinance No. 1253 zoning a portion of County an "AR-MH" (Agricultural Residential-Mobile Home) DisCrict, pursuant to Ordinance No. 475, as amended, was adopted and theChairman was authorized to sign. 72-534 ADOPT ORDINANCE N0.1254 ZONTNG A PORTION OF COUNTY AN "A-2 LIMITED" DISTRICT, PURSUANT_TO ORDINANCE N0, 475 AS AMENDED: FRASER LOVETT PROPERTY The report from Planning Commission ott Fraser Lovett rezoning referral discussed. T[te Planning Commission concurs with the "A-2 Limited" zoning. On motion of Snpervisor McKillop, seconded by Supervisor Maxon and unanimously carried, Ordinance No. 1254 zoning a portion of the County an "A-2 Limited" district, for the 1'raser Lovett property in Paradise, was adopted and the Chairman was authorized to sign. 72-535 PUBLIC HEARINGS SET: BRITTON APPEAL CHICO & SECO USE PERMIT OROVILLE Public Hearings Caere set for April 18, 1872 at 1:30 p.m. on the following: 1. Robert L. Britton appeal for west Chico area-petition to rezone to S-1, approximately 407 acres, from A-2 zoning. 2. Prank 0. Clegg appeal of use permit for Seco Enterprises, Inc., Oroville 72-536 APPROVE SCHEDULE OF PAYMENTS TO AIR POLLUTION HEARING BOARD MEMBERS The schedule of payments to Air Pollution Hearing Board members discussed. A $25.00 payment was used by other counties. Discussed using the same amount paid to the Planning Commission members, $20.00 per meeting, plus mileage. On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, a fee of $20.00 was set t-o he paid to the Air Pollution Hearing Board members, plus mileage. It was suggested that an accounting be kept of the costs for these mandated Boards and Commissions. It was suggested that the Administrative Officer keep a birds eye check list on the air pollution matter. Administrative Officer was requested to check with County Counsel to determine whether a salary ordinance is needed for authorizatiwl for the payment of these fees to the Board members, 72-537 PRESENTATION OF CRITERIA FOR DATA PROCESSING CONFIGURATIONS Hank Hindery, Data Processing Director, was present to discuss criteria for data processing configurations as proposed in separate communications sent to Board members. He said he had drafted a criteria that he thought would meet the needs of this County. He said tl at the :Most i ~portanL- ite°~ was co~~ts; the costs should remain caithin the present budget figures. Costs should not have to be increas::do Mr, Hindery said a soft ware system than would overco>>ie the present configuration would be his recommendation, Mro ]-Tindery read his writi.en report which set out the criteria for the proposed data processing configurations. This is the criteria he had set in talking to the vendors to give them a guide lane of what he would be. expecting from themo Criteria discussed at length, Mr: Hindery stated the County had outgrown the IBM equipment. Supervisor Madigan stated that ite had talked to people who disagreed with this, The equipment could be updated, -- Page 452. March 21, 1972 March 21,_1972 Mro Hindery stated that it would have cost more to upgrade the IBM egl~ipment than to convert t-o RCA. Supervisor Madigan said the County should make the determination fir%t on whether this County wants equipment that would handle Butte County business or does the County want to go on a regional basiso Mr. Hindery said he would hate to see this cloud the issue, but whether the County pursues outside business or not, the CoLmty should get the savings in costs, Discussed the use of going to an outside service bureau for data processing work. It was stated that Shasta County is using a service bureau for their data processing work. Costs explained and discussed. The Auditor is the man who is responsible to determine ChaC the County does not loose on services to the other people. The Auditor has stated Chat the County is not loosing on these services. The budget Chis next fiscal year will show a net reduction of costs to the taxpayer for these services. Mr. Hindery said he had felt it was his responsible to pursue this matter. He said he was not trying to ramrod any vendor through. He said that which every way the Board wants to go will be all right with him. Supervisor Madigan presented another system that had been given to him. Mr. Hindery stated that this system did not meet the County's needs. Mr. Hindery expressed a need for urgencyo He s.;id there would be a cost savings if a decision is made before July 1, 19720 IE the County does decide to make the change, a 90 Day notice would have to be given to RCA, Time spent discussing the recommendation of Mr. Hinderyo Chairman Gilman said the Board members have been receiving all type proposals for data processing equipment from the vendorso He said he would like to talk to the department heads of Chis County and determine their needs and if they are being meto He feels that the County is going at this the wrong way. He said he was not prepared to make a decision until he is convinced. Charges to the users should. be investigated. Supervisor Madigan felt the County should get some outside consultant that could make a survey and determine what the County should have and what is really neededo Chairman Gilman felt that was a good suggestion; the Board does need more informationo Supervisor Maxon suggested that the Administrative Officer secure information from the other counties and report back to the Board, Action to be taken discussed. Supervisor McKillop suggested that Mr. .Hindery make an evaulation of the offer presented by Supervisor Madigan and report back to the Board. Mr. Hindery said he would give the Board his evaluation of all seven of the offers. Supervisor Maxon said he would like the Auditor to determine what other counties are charging for their data processing services. Mr. Hindery said he would sit down with Mro Mickelson and the Auditor and go over this matter. Supervisor Reynolds said that this information could be prepared for the April 4th meeting and that maybe the Board could make their determination at that time. Chairman Gilman apologized to the vendors present at this meeting. He said he was not ready to hear any proposals at this time. No action taken at this time, RECESS: 2:50 RECONVENED: 3:00 72-538 REPORT ON LIME SADDLE AUDIT Bill Lawrence, Assistant Auditor stated the audit of Lime Saddle was Page 4~3. March 21, 1972 March 21, 1972 - - - - - - - - - - - - - - - - - - - - -- - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - self explanatory. The Board members received copies of the Audito Mr. Castleberry explained the audit; he felt the audit was fine. No action needed. 72-539 ADOPT RESOLUTION 72-60 AND ORDER OF THE BOARD, CALLING AND PROVIDING I'OR A SPECIAL COUNTY BOND ELECTION FOR PURPOSE OF SUBMITTING TO PHE QUALIFIED ELECTORS OF SAID COUNTY THE PROPOSITION OF WHETHER THE BONDED INDEBTEDNESS OF SAID COUNTY SHOULD BE INCURRED-FINANCING OF COUNTY HOSPITAL Dan Blackstock, CounL-y Counsel, reported that he had prepared the resolution that would call for the special bond issue in the amount of $3,000,000, for the construction of a new hospital facility or the renovating of the present hospital. Proposed resolution discussed. The basic ballot proposition read and discussed. Supervisor Reynolds said he felt this resolution was premature. Mro Blackstock said the Board should decide whether they want an argument to go with the ballot to the electors of the County. Mr. Blackstock will write the analysis and Mr. Mickelson will prepare the two statements, one in favor and one in opposition, Bill Lawrence said it would be necessary to lcnoca the redemption periods The Auditor has to prepare a redemption schedule that will have to go out to the voterso He would have to have tlcis information immediately. IC was the pleasure of the Board to have the argument in opposition to the charter amendment prepared by the Administrative Officee The arguments would be prepared and presacted by April 4th for the Board's consideration. On motion of Supervisor Maxon, seconded by Supervisor Madigan and carried, Resolution 72-60 and Order of the Board calling and providing for a special County bond election for the purpose of submitting to the qualified electors of said County the proposition of whether or not bonded indebtedness of said county should be incurred for the purposes herein set forth; declaring the amount of bonds proposed to be issued, the maximum rate of interest to be paid thereon and the maximum redemption period therefore; fixing the date of said election and the manner of holding the same, etc., was adopted and the Chairman rags authorized to sign. AYES: Supervisors Madigan, Maxon and Chairman Gilman NOES: Supervisors McKillop and Reynolds 72-540 AWARD OF BID-OFFICE FURNITURE On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, bids for office furniture were acaarded as follows: Sierra Stationers Sections 1, 2, 3 - Alte, 5, 6,7, 9, 11 and 12 Chico Office Supply Section 4 E, I', Corbin Company Sections 8 and 10 72-541 ADOPT ORDINANCE 1255, AMENDTNG SALARY ORDINANCE On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, Ordinance 1255 amending the salary ordinance was adopted and the Chairman was authorized to sign. 72-542 TRAVEL REQUESTS APPROVED On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the following travel requests were approved: to Crandon }I. Kellogg, Health Department, to the annual institute for puUlic health laboratory directors at Asilomar, California, April 18 through 21, 19720 Three nights lodging, Estimated cost of trip $64a Travel by county taro 2. Hal Brooks, investigator-District Attorney's Office, to the Page 454. March 21, 1972 March 21s 1972 northern zone meeting of the district attorney`s family support council in Sacramento on April 6 and 7, 1972. Number of nights lodging one. Estimated cost of trip $66. Travel by private car. 3. Lorna Thompson and Judith Freeman, Health Department, to a crippled children`s therapy program seminar at San Mateo March 27 through 29, 1972. Number of nights lodging two. County cost of trip $40 with balance ~o be paid through the Stake Crippled Childrens Services, Travel by private car, 4. Virginia Field and Erma link, Welfare Department, to a childrens protective services conference March 25 and 26 at South Lake Tahoe. Two nights lodging. Estimated cost of trip $95. Transportation by county taro 5. Susan Loveless, Hospital laboratory, to a 2 day seminar in Oakland. There will be no cost to the trip except that she will be absent from her job for the days spent attending the seminar. 72-543 REPORT BY MENTAL HEALTH DIRECTOR: UTILI7ATION OF CHICO COMMUNITY MEMORIAL HOSPITA: Pursuant to the Board's req~iest, Dr. Maguire was present to answer questions concerning the last week's communication regarding the utilization of Chico Commmunity Memorial Hospital. He presented cost figures to the Board members. They have received the statement from the State on the funds that will be allocated. He explained the funds thaf would be received. Medi-Cal costs explained; he explained how billing would be handled. He said the- costs are spelled out. He feels that the State's figures are grossly inadequate for the coming year. He said that under the County Hospital contract, the County would have to underwrite the non-paying Medi-Cal patients. He said there would be a reduction of costs if the County goes to the Chico Community Hospital for these serviceso If stay at the County Hospital, there will be an increase in costs. Dr. Maguire set out his proposals, item by item, for use of the additional $100,000. 1{e said the County could Lund a crisis program; sett out the other alternate proposals. He said his proposed budget was predicated upon the change to the Chico Community Memorial Hospital. He said it would reflect a 9% decreased Time spent discussing the utilization of Chico Community Hospital, Mr. Mickelson said this would be a healthy impact on the County Hospital. It would be a great loss in revenue to the hospital, Dr. Maguire said he would have to know the Board's decision by June 1st in order to train nurses for this service. Mr. M1Cke1SOn was requested to analize this matter and the Board members a report on his findings. No action taken at this time. 72-544 BUDGET TRANSFERS APPROVED On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried,the following budget transfers were approved: B-53 Food Commodity - decreases salaries and wages regular by $34 and incr increases overtime by like amount B-54 County Buildings - decreases maintenance structure improvements and grounds by $13 and increases equipment by like amount B-55 Auditor-Controller _ decreases salaries and wages regular by $255 and increases extra help $209.90 and overtime by $45.10 B-56 Board of Supervisors - decreases the reserve for contingencies- general fund by $600 and increar.~s office expense by like amoune B-62 Welfare - decreases salaries and wages regular by $24 and increases ,- extra help by a like amount. Page 455, March 21, 1972 -- _ _ _ _ _ _ _ _ _ _ _ _ _ _ March 211 l9 72= _ _ _ _ _ _ _ - - _ _ _ _ _ B-b3 Chico Municipal Court - transfer increases equipment maintenance by $1,788 and decreases the reserve for contingencies-general fund by a like amount B-57 Central Services - $400 from rents and leases of equipment to equipment maintenance and to cover present deficit of $107 and provide maintenance funds for balance of year B-58 Juvenile Hall - $90 transferred from household expense and $10 from transportation and travel, total $100 going to special departmental expense 8-59 Sheriff - $5,b62 from salaries and wages regular to extra help and is to cover the unanticipated extra help charges generated by covering the bailiff position in the Oroville Justice Court with a reserve officer B-60 Sheriff - $1,000 from rents and leases account to special departmental expense account 8-61 District Attorney - $1,000 to professional and special services, $300 coming from extra help, $300 from equip- - ment maintenance, $215 from publications and $185 from jury and witness expense B-~4 Chico Municipal Court - $600 from salaries and wages regular to extra help B-65 Planning Commission - $500 from salaries and wages regular to publications and legal notices within the Planning budget B-66 Paradise Justice Court - $200 from professional and special services to jury and witness expense 72-545 APPROVE FILING OF VACANCY ON MENTAL HEALTH ADVISORY BOARD On motion of Supervisor Reynolds, seconded by Supervisor Gilman and unanimously carried, Rev, Robert Meanor was appointed to fill the vacancy on Mental Health Advisory Board due to unexpired term of Ernest Hatch, 72-546 TERM OF DE VERE PACE ON BUTTE COUNTY PLANNING COMMISSION: NO ACTION The term of DeVere Pace on the Butte County Planning Commission (District III) expires P4arch 31, 1972. Discussed; no action taken. To be placed back on the April 4th agenda. 72-547 DISCUSSION: EXCLUSION OF SOPER-WHEELER PROM LAND CONSERVATION ACT Supervisor Maxon said his conscience was bothering him about the exclusion of Soper-Wheeler from the Agriculture Land Conservation Act. Mre Blackstock explained the matter, Mr. Blackstock stated he had iaritten a letter to Sopez-Wheeler explaining to them why they had been denied inclusion under the, act. The agreement had not been properly executed. Mr. Blackstock explained the matter of appraising timber land. At the present time the State Board of Equalization has not issued any recommendation relative to the appraisals of timber land under the conservation act. There are cases filed at this time, the se cares are being argued in court; the cases all involve the method of appraisal. Mr. Blackstock stated that if the representative of Soper-Wheeler would like to come before theBoard, then the Board could explain the matter to him. Mre Holves has indicated that he would probably he present at the April 4th meeting of the Board of Supervisors. 72-548 MATTERS PRESENTED BX BOARD MEMBERS Supervisor Maxon stated he had been talking to the Assistant Welfare Director of the State and he stated that the total Welfare cost this year compared to last year, was less than last year, He stated that some of the savings had to be due to the increase productivity in the State, Supervisor Page 456. March 21, 1972 March 211 1972 Maxon-felt this was encouraging news. In the past there has been only increases, Supervisor Madigan questioned Mr, Mickelson about the function of the purchasing agent in the County. He feels that all departments should go through the purchasing departmento Mr, Mickelson said all departments have to go through this departmento He explained the situation of the Election Clerk and her orders through Carlisle. The election department can order their own materialso Mro Pickelson was requested to check with the Purchasing Agent about the orders of the election clerk. RECESS: The Board recessed at 4:05 for an executive session RECONVENED: TheBoard reconvened at 4:35 following an executive session RECESS: The Board recessed at 4:35 to reconvene on Sdednesday, March 22, 1972 at 7:30 p.m. in the Board of Supervisors Room to meet with the Community Action Agency, _ Page 457. ~ March 21, 1972 -----------=====March2l~ 1972===--____-~-___ Maxon felt this was encouraging news, In the past there has been only increases. Supervisor Madigan questioned Mr> Mickelson about the fuzection of the purchasing agent in the County. He feels that all departments should go through the purchasing department. Mr. Mickelson said all departments have to go through this department. He explained the situation of the Election C1er1< and her orders through Carlisle, The election department can order their own materials. Mr. Mickelson was requested to check with the Purchasing Agent about the orders of the election clerk. RECESS: The Board recessed at 4:05 for an executive session RECONVENED: TheBoard reconvened at 4:35 following an executive session RECESS: The Board recessed at 4:35 to reconvene on Wednesday, March 22, 1972 at 7:30 p,rno in the Board of Supervisors Room to meet with the Community Action Agency. RECONVEi~rED: Wednesday, March 22, 1972, the Board reconvened at 7:40 p,m. with Supervisors Madigan, Maxon, McKillop and Chairman Gilman present as well as Administrator,Cliff Mickelson and County Counsel, Dan Slackstock and Oriel Elkins, acting Clerk of the Board. This is a continuance of the recessed meeting of Tuesday, March 21, for the primary purpose of discussing Office of Economic Opportunity business with the Governing Board and the Administering Board of Community Action Agency present. First, there are other matters on the agenda for consideration. 72_458 RESOLUTION No. 72-61 TO ESTABLISH BUTTE COUNTY SERVICE AREA No. 44 On motion made by Supervisor Alaxon, seconded by Supervisor McKillop, to form a service area in Chico to provide service for the VISTEC development, Resolution No. 72-61 was passed. AYES: Supervisors Diadigan, Maxon, McKillop; NOES: Chairman Cilman; ABSENT: Supervisor Reynolds 72-4bo PUBLIC HEARING DATE SET ON THE FORMATION OF SERVICE AREA No. 44 Hearing date, April 26, 1972, at 7:30 p.m., in the Plunicipal Courtroom in Chico. In case court is in session, the alternate meeting place will be in the Memorial Ha11. 72-461 COUNTY CLERK IS DESIGNATED A5 EX-OFFICIO CLERK OF THE AIR POLLUTION CONTROL HEARING BOAP.D on motion made by~ Supervisor Mclillop, seconded by Supervisor Madigan. AYES: Supervisors Madigan, Maxon, McKillop, and Chairman Gilman; ABS);NT: Supervisor Reynolds ° 72-462 VACANCIES IN PERSONATEL STAFF AUTHORI/.ED FOR tdELFARE DEPARTPIENT AND COUNTY CLERK A request from the Welfare Department for approval to fill six vacancies and a request frori the County Clerk to fill one regular vacancy plus authorization to employ necessary clerks as may be needed to help in the. elections were considered. On motion by Supervisor McKillop, seconded by Supervisor Maxon, three vacancies in the Welfare Department: 'iwo eligibility workers and one account clerk, and Oue Superior Court Clerk position in the C1erlc's office (in additzon to the Calendar Cleric position authorized prior Page 457. March 21, 1972