HomeMy WebLinkAboutM121278December 12, 1978
STATE OF CALIFORENiA) '
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COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Lemke, Madigan, tv~Amed~Yy~icJrand Chairman Winston.
Clif Mickelson, Administrative Officer; Dan Blackstock, County Counsel; and
Clark A. Nelson, County Clerk, by Margie Catt, Asst. Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation by Supervisor Moseley
78-2286 APPROVAL OF MINUTES
On motion of Supervisor Richter, sec~nc~ed by Supervisor Madigan
and unanirnous!y carried, the minutes of December 5, 1978 were approved
as mailed.
g7 WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT
This salary ordinance amendment establishes entry level classifications
for a variety of class series, provides flexible hiring patterns in several departments,
reclassifies several positions and adds the positions authorized by the Board in
the Probation and Mental Health grants.
On motion of Supervisor Lemke, seconded by Supervisor Moseley arcl
unanimously carried, first reading of salary ordinance amendment was waived.
78-2288 APPROVE LEASE AGREEMENT PARADISE RECREATION AND PARK DISTRICT
A renews 20 year ease agreement as en prepared wit t e Paradise
Recreation and Park District for property located on the Skyway near Elliott
Road, Paradise.
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
unanimously carried, lease agreement with Paradise Recreation and Park District
was approved and the Chairman authorized to signo
78-2289 APPROVE ADDENDUM ~I ADMIMSTRATION BUILDING
An amendment to the agreement with J. H. Kleinfelder for materials
testing for the new Administration Building has been prepared. The amendment
changes the contract from $9,350 to $16,350 and is for the additional activities
of the second story addition.
On motion of Supervisor Richter, seconded by Supervisor Lemke and
unanimously carried, addendum #f to materials testing consultant contract
for $7,000 from existing appropriations was approved and the ~Ilnairman was
authorized to sign o
Page 490.
December 12, 1978
_ _ _ Decemher 12,_1978 _
78-2290 CHICO MUNICIPAL COURT PARKING TICKETS: AUTHORIZE CONTINUATION
i OF NEGOTIATION WITH CHICO FOR COLLECTION OF BACKLOG OF TICKETS
A report has been prepared analyzing the Chico Municipal Court's problems
with parking tickets.
Fred Davis, City of Manager of City of Chico,. present Yo discuss Yhis matter.
', I-le set out the background of how the court had originally taken over the collection of the
parking tickets. The State established the system of the distribution of the fines.
i 78% goes to the City of Chico and 22% goes to the County.
Mr. Davis felt it was unfortunate that the Court is in the serious state that it is
in today. He has looked at the process for the collection of the fines. He felt that it
was a shame that the County has not given the Court enough help to take care of the
collection of the fines.
Mr. Davis stated that if the process was properly designed and administered,
the cost of taking care of this matter would be handled by the collection of the fines.
No liens have been carried on due to the parking fines. H~ felt the cost could increase
the costs of the second notices to make the system self-supporting. It costs money to
send out second notices and then lien notices. He suggested that they handle this
through the second notices and lien notices. Costs of operating the police department
set out by Mr. Davis. The Court states that they do not have enough assistance to do
the work of sending second notices and taking of liens. He suggested that the County give the
Court some assi8t~f~d
is
The City Council meeting/this evening. If the County decides that the City
should take aver this matter, then the City council will have to gear up to take over
the situation. He felt that this County has the expertise to assist the Court in this matter.
Clif Nickelson, Administrative Officer, set out his views concerning the
situation. He felt the matter should be placed under an executive to administer the
', program so it could become self-supporting. His office has looked into the matter very
', thoroughly. The backlog should be caught up; then if that does not help the costs,
', then the Judge should increase the fines.
', Situation discussed. The Court has not been processing the second notices and the
lien notices. It was felt that there. should be a joint effort to get this on an even
keel. Once this backlog is ccu~t up, maybe data processing could keep the system
current.
It was felt the County and City of Chico should jointly join together to try
to help get this caught up. Suggested that they could fjet a CETA project put together
to straighten out the system so it could 6e caught up Iodate. Jim Rackerby, Personnel
Director, could set up a CETA project to handle this matter.
Chairman Winston stated that Mr. Davis could work with Mr. Rackerby to have a
CETA pr~agram prepared to handle the situation. They will work together to put the
program together.
', Mr. Nickelson stated he would talk to Mr. Rackerby and Judge Houghton and determine
if they could have a solution for the 19th of December or by January 8th meeting, 't
was felt that all avenues should be explode ~Alere should be a renewal of the feeling of
cooperation. December 12, 1978
Page 491.
December 12, 1978
It was moved by Supervisor Richter, seconded by Supervisor Lemke and
unanimously carried that the City of Chico and the County continue negotiations
to handle the parking ticket collections and that they participate in a system of
'; processing the backlog of the parking tickets in the Chico court.
78-2291 BUDGET TRANSFERS APPROVED
', On motion of Supervisor Madigan, seconded by Supervisor Lemke and
unanimously carried, the following budgef transfers were approved:
B-27 Public Works. Transfers $366 from yards and stores maintenance of
structures account with $168 going toward yards and stores communications account and
$12b to communications and $72 to comununications within the Public Works
Administration budget. Purpose of the transfer is to provide an appropriation to
cover charges for radio loop costs.
', B-37 Library. Transfers $29.80 from office expense to fixed assets -equipment to
cover the cost of delayed freight charges on a microfilm file cabinet received
in June 1978.
B-38 Mental Health -General Services. Transfers $1,000 from rents and
leases to maintenance of structures to cover unanticipated costs in the Chico facility.
', B-39 Public Works -Road Construction. Transfers $25,200 from the Foothill
Boulevard project to the Chico River Read at M and T in order to cover the Butte Creek
Rock contract bid. Total contract was $159,879.
', B-40 Assessor. Transfers $228.8 from salaries to extra help in order to provide
an appropriation to cover an extra help employee who worked in the last fiscal year
but was paid in the current fiscalyyear.
B-41 Assessment Appeals Board. Transfers $2,628.47 from the reserve with
$2,550.43 going toward office expense and $78.04 ~ legal notices to provide an
appropriation to cover abnormal assessment appeal filings.
78-2292 PUBLIC HEARING SET
', A pu is Baring was set for Tuesday, January 2, 1978 at 11:30 a.m. for the
', Billie June Terry application for variance to Sections 19-10 and/or 19-12 of the
Butte County Code for placement of a mobile home on AP 22-16,42, P.O. Box 412 (4th 5treet),
Biggs.
78-2293 RENEWAL OF VARIANCES APPROVED
On motion of Supervisor Richter, seconded by Supervisor Moseley and
unanimously carried, renewal of variances to Sections 19-10 and/or 19-12 of the
Butte County Code for placement of mobile homes: was approved for the following:
I. Vincent H. Dilley, at 291 District Center Drive, Oroville, AP 27-17-09.
2. Billy J. Krouse, at 9199 Old Olive Highway, Oroville, AP 72-46-002.
3. Robert Underhill, at 8025 Grier Avenue, Oroville, AP 27-28-30.
Page 492.
December 12, 1978
December12tL9~8 ___________________
78-2294 ADOPT RESOLUTION 78-203, GIVING NOTICE OF [NTENT!ON TO SELL TAX
DEEDED PROPERTY
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, Resolution 78-203 giving notice of intention to sell tax deeded property
on AP 36-40-I-006-0 for a minimum bid of $1,000 was adopted and the Chairman
authorized to sign.
78-2295 APPROVE PUBLIC WORKS ITEMS: ADOPT RESOLUTIONS 78-204 & 78-205
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the following action was taken:
I. Authorized release of maintenance bond for Mountain Park Subdivision
Unit No. I and accepted-roads for maintenance.
2. Approved Ward Subdivision final map, accepted public utility easements and
drainage easements as shown on the subdivision map and offers for dedication; and
authorized the Chairman to sign subdivision agreement,
3. Adopted Resolution 78-204 authorizing application to CALTRANS for fund
allocation for Dayton Road relocation grade separation project (Project 8025);
adopted Resolution 78-205 conceming ability to award contract and authorized
Chairman tv sign both resolutions.
78-2296 MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Lemke asked Clay Caste rry, Director of Public Works, if he had
received the transportation report from CSAC. Mr. Castleberry stated he had received
the report. The Legislative Audit Committee has conducted a study and the study
set out undisbursed funds. Mr. Castleberry set out what the funds consisted of,
Mr, Castleberry will make a report back to the Board concerning this matter.
78-2297 PUBLIC WORKS TO WRITE LETTER RE ANGEL SLOUGH
Supervisor Madigan stated that some time back one of the tributaries to
Angel Slough had backed up, He felt for the protection of the County, this
matter should be brought to the attendtion of the State about the flooding in that
area. Mr. Castleberry stated he was familiar with the area.
Matter discussed.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
unanimously carried, Director of Public Works was authorized to write a letter
a{~eting the State Reclamation Board about the situation at Angel Slough.
78-2298 APPROVE APPOINTMENT TO EMERGENCY MEDICAL SERVICES COMMITTEE
On motion of Supervisor Richter, seconded by Supervisor Moseley and
unanimously carried, Richard Narod, 1059 Epst Ave,r}~ ~, Chico, California was
', appointed a member of the Emergency Medical Services Committee.
78-2299 PUBLIC HEARING SET ON CONSIDERATION OF NEGATIVE DECLARATION FOR
FOOTHILL BOULEVARD RECONSTRUCTION PROJECT
A public hearing was set for January 16, 1979 at-10:00 a.m. on the
consideration of negative declaration (no EIR required) for Foo#hill Boulevard
reconstruction pro~act (Project No. 21514-78-1) from 0.1 mile north of Lower Wyandotte
Road to o.5 mile south of Oro- Ban~g~l'u~yay, Oroville.
Page 493, December 12, 1978
_____ Decemberl2~1978__________________
78-2300 APPOINTMENT TO BUTTE COUNTY JUSTICE SYSTEM ADVISORY GROUP
PUT OVER
The appointment to Butte County Justice System Advisory Group was put-over
at this time, Administrative Officer to get the list prepared by next Board meeting
so appointment could be made.
78-2301 DISCUSSION OF HUGHES Va(IRWEST SCHEDULE TO CHICO
Supervisor Madigan explained the new schedule for Hughes Airwest to Chico.
Returning from San Francisco, the plane goes first to Redding then back to Chico.
It was felt a letter should be written to Hughes Airwest and determine if other
arrangements could be made. The fares have also beeenincreased. Administrative
Officer to write a letter to request clarification of the new schedule and the fees
being charged, setting outthe Board'sconcems.
', 78-2302 COMMUNICATIONS
', M. Dean Worcester, Paradise o Mr. Worcester submits his resignation as the
', District 5 representative of the Board of Directors of the Paradise Irrigation
', District effective January I, 1979. A letter will be written setting
out that the Board no longers makes appointments to this type Board.
Chairman to write a letter of appreciation to Mr. Worcester.
Butte County Employee's Association. The Asociation writes suggesting
alternative courses of action For the animal control program. Information.
The Goodyear Tire & Rubber Company, Akron, Ohio. The Company files a claim
for refund of unsecured property taxes in the amount of $1,222 #or the
197$-79 fiscal year. See motion following communications.
Southern Pacific Transportation Company, San Francisco. The Company files
a claim for refund of property taxes in the amount of $337,400.92 for
the period Jvly 1,.1974 through June 30,.1977. To be held until the
other claim is scheduled, at the request of County Counsel.
Economic Development Corporation of Shasta County. The Organization
forwards information conceming a joint exercise of powers agreement
for the purpose of forming an economic development district. Chairman
Winston stated he did not go to the meeting concerning this matter.
Butte County has been invited to join in with this group. Matter discussed.
It was felt the County should proceed very cautiously. No action taken.
State Department of Water Resources -The Reclamation Board. The Board forwards
information concerning .erosion problems an the east-bank of the Sacramento
River south of Ord Ferry Road. Information.
Congressman Harold T. (Bizz) Johnson, Congressman Johnson writes conceming
the use of water and power revenue moneys from Shasta Dam to pay far
bank protection work along the Sacramento River. Discussed; information.
78-2303 REJECT CLAIM OF GOODYEAR TIRE 8~ RUBBER COMPANY, AKRON, OHIO
On oration of Supervisor Lemke, seconded by Supervisor Moseley and
unanimously carried, the claim of Goodyear Tire & Rubber Company, Akron, Ohio, for
refund of unsecured property taxes in the amount of $1,222 for the 1978-79 fiscal year
was rejected, and a letter was authoF~t~gl;e written to them notifying them of
the pending court action. December 12, 197$
Page 494.
_______~______,-December 12,E 197~_T_________________
78-2304 PUBLIC HEARING: BUTTE COUNTY PLANNING CONSIDERATION OF BUTTE
COUNTY CODE AMENDMENTS TO SECTIONS 24-96 (PROCEDURE FOR PRECESE ZON!NC
AMENDMENT) AND SECTION 24-190 (TPZ-IBO TIMBER PRESERVE ZONE) WHICH
ARE EXEMPT FROM ENVIRONMENTAL REVIEW
', The public hearing on the Butte County Planning - consideration of Butte
County Code amendments to Sections 24-26 (procedure for precise zoning amendments)
and Section 24-190 (TPZ-!60 timber preserve zone) which are exempt from
environmental review was held as advertised.
Bettye Blair, Planning Director, set out the background of this hearing.
The initial amendment proviso for the procedure for timber zoning. Procedures
allow far application by private property owner to be included in timber preserve
zone. The procedure to establish changes discussed. A resolution will be ready
for the Board meeting next-week for consideration.
Ms. Blair stated that the actual ordinance has been prepared and it
will amend the present ordinance. A step procedure will be established in the
resolution.
Section 24-190 discussed; the amendment will specifically state the
combatible uses. Section discussed. .Supervisor Richter suggested that this
be sent back to the Planning Commission pointing out the vagueness of the
combatible uses. The Section should specify what they can do and what they cannot
doo Chairman Winston stated the Board should be very careful if they send this
back. There are some concerns by property owners. There are some old families
Fit have holdings where they have a summer home, the children then grow up and
they want to put a home on the property, alsoo This should be allowed. The
Planning Commission should be made aware of these points.
it should be sent back to the Planning Commission on the point as to what
would be a combatible use far pauses.
Hearing opened to the public. Appearing:
1. David Soho. He stated he works for the Division of Forestry.
He commented on the proposed ordinance; most of the timber lands have been
considered under the A, B or C list. Currenfily there is the State law but the
County needs a local ordinance. That way if someone comes in and makes inquiries, they
would have something to give teem on procedures to follow. Ne spoke in favor
of the brdinanceo
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Richter, seconded by Supervisor Lemke and
unanimously carried, that the ordinance be sent back to Planning Commission,
tbebeegm~estdedlb~t~eib~irldyitl~ t'sstiae'tcoiattii~rtperiordiegna~~iafii'i~gcwi~. P~1,f',~:
a~dl-~tl~~~raum~yianl6udidealkoawaeyltlairsg,thrnitiwdiedcb}~6egrieu~atFia#leurr~x°tA'9~ibfer! ~ t
=a~sE{gtecd'G4~tr~ridr~to~~.sta;~f~rodse~ ~,s,StsrN,n#evusoU~dr~atsduf~cid~kble,ltortus~boa,-
i~eesine~his should all be tied back to combatible uses; include but not limited to.
Page 495.
December 12, 1978
______________ December12~1978___
78-2305 PUBLIC HEARING: RON WHEELER-NEGATIVE DECLARATION (NO E'R REQU'.RED)
AND APPEAL OF ADVISORY AGENCY CONDITION #12 BY SOC'ETY FOR CAL'FORN:A
ARCHAEOLOGY ON A TENTATIVE PARCEL MAP, FOUR LOTS, AP 71-06-44 and 71-14-21,
PONDEROSA WAY (A PRIVATE ROAD), SOUTH OF LUMPK:N ROAD, FEATHER FALLS AREA
The public hearing on the Ron Wheeler negative declaration no E'.R required) and
.appeal of Advisory Agency Condition #12 by Society for Califomia Archaeology on a
tentative parcel map, four lots, AP 71-06-44, and 71-14-21, Ponderasa Way (a private road)
south of Lumpkin Road, Feather Falls area, was held as advertised.
Earl Nelson, Environmental REView Director, stated that archaeology sites
could be disrupted by the grading process when developing the property. !n many cases,:
parcel maps create new home sites, which have to be graded to be developed. The
California Environmental Act does deal with potentials. Future projects could disrupt the
sites. This is a unique sffbation. These sites could be destroyed if not protected right
now. '
Supervisor Lemke stated that this tentative parcel map will do no more than draw the
', lines on the map. It was stated that the filing of the map could threaten the sites.
Supervisor Richter stated he does not understand this; when he taught Civics,
he told his students that no one could take your land without properrenumeration.
', Dan Blackstock, County Counsel, explained the situation. Where there are
projects which will effect adversely the environment, there must be mitigating measures.
He stated that the Board should keep in mind, that the main poi~hti~iu~t4~~isss°sfd~immnvtaasithe
request for a camplete analysF~s of the site. The Archaeology Society wanted to be paid
to go in and make the tests. Mr. Blackstock said a reasonable condition would be to
allow the Society a reasonable time to go in and make dhd survey and list their findings.
It was asked if it would be possible for this Board to put in a condition that the
applicant would be required to give a reasonable time for the Society to go in and
make the study of the archaelogical sites prior to the development of the sites.
RECESS: 10:45
RECONVENED: 10:50
Earl Nelson stated that the County could not require the granting of an easement
'; to the Society. Where there are maps that set out sites that are threatened, the
', applicants are told that it has to be mitigated and that if they grant the easement,
this could take care of the mitigation under question.
Supervisor Lemke stated that the parcel map being proposed uses a physical
road that is being used as a boundary.' When the other lines of the map pre made a
fact, then they might destroy possible sites.
Hearing opened to the public. Appearing:
', I. Keith Johnson, .representing the Society for Califomia Archaeology. He
stated that the problem is the cost for the survey and the sfiudyo They have tried to avoid a time
consuming EIR. They have developed the deed at their expense. The deed grants the
Society an easement to go oR the property. Once the deed is signed, the County does
Page 496.
December 12, 1978
pr°ope~~y.tOl'~ie°rr~a bout the archaeological sites. The owner of the property has sold the
purchased the property in good faith. Mr. Wheeler will gain from the
sale of the propertyo There is no way that the Society can comply with the cost of the
', easement. The Society does not have the funds to handle this. No E.I.R. would be
~; required. They would take on the monitoring and protecting of the sites forever.
Responsibility of the sites is up to the County and they must find a way to do it.
Et is now up to the County to come up with a way to handle this matter. __
At the Society's expense, they had an agreement prepared. Mr. Johnson went
out to the property and marked the sites. He stated that he does not have enough time to
develop the sites. It is his feeling that it is impractical to give the Society six months
to clean up the site of the artifacts. He stated that the Society did not have the time or the
money to go out and dig up the sites.
Time spent discussing the granting of the easement and the protection of the
sites. Chairman Winston commented on the letter from Richard E. Markley, District
', Archaeologist, which states that the subject division does not affect the sites but
that further divisions might affect the sites. Chairman Winston stated that the easement deed
would be a cloud on the property forever. He cannot help but wonder about the
', constitutionality of the requirement of such a deed,
Supervisor Richter stated that-short of taking the man `s property, he would
like to see the sites protected for future generations.
', RECESS: The Board recessed at II:B;pfor an executive session to discuss litigation.
RECONVENED: The Board reconvened at 11:40 following an executive session.
Pending lawsuit for legal services discussed.
78-2306 COUNTY COUNSEL AUTHORIZED TO CONTRACT FOR EXPERT LEGAL COUNSEL
TO DEFEND COUNTY AND BUTTE COUNTY ASSOC',ATIIm-N OF GOVERNMENTS
RE LAWSUIT
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the Board authorized County Counsel to go outside the family
and contract for expert legal counsel to defend the County and the Association of
', Governments in the lawsuit filed regarding transportation matter; and that the County will
take over the defense casts for the three cities that are being sued, namely, Gridley,
Biggs and Oroville; and that this Board vote to fund the project out of the Reserve up
to $15,000, and that if legally possible that the actual $15,000 be transferred from
transportation funds from SB 325, otherwise to be taken from the General Fund.
78-2307 CONTINUATION OF RON WHEELER NEGATIVE DECLARATION & APPEAL HEAR'NG
Appeargng:
Ron Wheeler. He explained his reasons for the project. He questioned Mro Johnson
on some of his remarks. Ffe does not see where it was wrong to capitalize on the safe
of this property. F1e would like to know what is on the sites. What does Mr. Johnson
expect to find at the sites. What artifacts have survived the 6 to 800 years? There
are hundreds of such sites in the Feather Fal fs area. Objections to the granting of the easement set
out. Is the Society being reasonable or are they being greedy. He feels that his rights
are being infringed on in the demand for the easement deed. He has offered to malrk
the sites and allow a certain time for the Society to go in and make their findings.
He requested thntthe Board deny the appeal of Mr. Johnson.
Page 497,
December 12, 1978
~~---=-==--=====Qe~~1i_r~7~JQ7$====_________ =~___
2. Mr. Aaron Yerzy, Paradise. He asked what is it that they are trying to protect.
Explained what had been found at the sites. If these sites have been known about for
10 or 15 years, why are they objecting fo this at this time? Mr. Yerzy wanted answers to
his questions:
Hearing closed to the public and confined to the Board.
Supervisor Lemke felt that to deny the appeal would not accomplish
', anything. There has been some efforts to compromise and apparently the Society
is unwilling to compromise. Supervisor Richter stated that the Board would have to
adopt the negative declaration, however there are problems that have to be mitigated.
He stated that the persons involved are fighting about who would pay for the surveying
of the sites.
Project discussed. There are sites that could be disturbed and the County
should provide for a mitigation measure to protect said sites. It was felt that a year
would give them time to survey the site and that theland should be returned to its
original condition, following the- excavation of the sites for artifactso
It was moved by Supervisor Richter, seconded by Supervisor Moseley and
unanimously carried,"that on the basis of this initial evaluation, the Board finds that
although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because the mitigation measure set out
below has been added to the project and a negative declaration is recommended;
the mitigation measure is as follows:
I . The three. archeological sites on proposed parcel No. 4 shall be
left undisturbed for a period of one year to allow the Society for California Archeology
opportunity to investigate the sites, to inventory them and preserve the artifacts found there,
and to catalogue them for public use; costs of said excavation shall not be borned by the
property owner.
On motion of-Supervisor Richter, seconded by Supervisor Lemke and
unanimously carried, the Ron Wheeler parcel map was approved with the following
conditions and the above mitigation measure, and with the deletion of Conditions 8
and 12 and substitute in their place the mitigation measure set out on the above
. ', negative declaration recommended: '
I. Ponderosa Way to be reserved in deeds as per County Ordinance and offered
for dedication on the ~aa'a~Fnap.
2. Show 50 ft. building setback line measured from centerline of Ponderosa Way.
3. Provide road maintenance agreement.
4. Deed to the County of Butte 30 ft. right-of-way from the proposed
centerline of Lumpkin Read.
5. Indicate a 50 ft, building setback from the centerline of Lumpkin Road.
6. Show all easements of record in the final map.
7. Pay any delinquent taxeso
8, A Six-month period be allotted for the applicant and the California
Archaeological Society to come to an agreement as to the delineation
of the sites and access to the sites. In the event that no agreement is
reached, the applicant may record the map without that data showing
on the map. (Deleted)
Page 498,
December 12, 1978
-_-__-_-__-~-`_y~__pgc~r~.berl2, 1978__
9, .Applicant apply for and diligently pursue zoning for the parcels that is
consistent with the Butte County General Plan; the suggested zone is TM-10.
10. Either prove water on the parcels or place the statement on the map that there is no
evidence that domestic water is available.
II. Establish large-lot zoning to minimize the passibility of over-urbanization
of this rural area through future parcel splits.
12. Survey and precisely map the three archaeological sites on proposed parcel #4
and grant protective easement to the Society for California Archaeology to preserve
the sites. A six-month period is deemed as reasonable time to effect the
agreement between the applicant and the Archaeological Society.(Deleted)
Mitigation Measure:
'; The three archeological sites on proposed parcel No. 4 shall be left
undisturbed for a period of one year to allow the Society for California Archeology opportunity
to investigate the sites, to inventory them and preserve the artifacts found there, and to
catalogue them for public use; costs of said excavation shall not 6e borne by this property owner.
78-2308 APPEARANCE: RON GRAVES, OROVILLE: RESC'.ND POLICY REQUIR'NG REZONE
PRIOR TO APPROVAL OF PARCEL MAP
Ron Graves, Oroville, stated that a resolution of this Board last August 29th, 1978 stopped
parcel divisions in the A-2 areas of the County. He again appealed to the Board to rescind the
action that they had taken at that time. This policy works a hardk{~ap:anthlseppe~c~. tt is only
good practice to pick out the areas that should be rezoned and do it on an area wide basis. It
;should not be done on the basis of q person coming in with a parcel map. It is costly to the
Iroperty owners .
', On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously
carried, the Board rescinded their policy requiring a rezone prior to approval of a parcel
I map.
78-2309 APPEARANCE OF RUSSELL CRONINGER, RINGEL & ASSOCIATES, INC.
REQUEST A WAIVER OF REZONING FROM A-2 FOR ISSUANCE OF A BUILDING PERMIT FORA
10-UNIT DUPLEX, WEST SIDE OF BURNAP AVENUE,, CHICO
Russell Croninger, representing Ringel & Associates, Inc., in their request for
a waiver of rezoning from A-2 for the issuance of a building permit fora 10-unit duplex
on AP 044-33-53, west side of Burnap Avenue, approximately 1,200 feet north of Lassen
Avenue, Chico. He set out the background of this request. Unless millt6m~tl„~a units
are hooked together, they could not proceed with this. A-2 zoning does not prohibit
multiple dwellings.
', Project discussed. Supervisor Richter felt that the present policy is irrational;.
the Board should adopt a policy to clarify this situation.
', On motion of Supervisor Richter, seconded by Supervisor Moseley and
unanimously carried, the Board adopted the policy that if an applicant comes in for
a multiple unit development, it should be approved whether the units are
'„ continguous or not and that the Board would act favorably whether they are
contiguous or detached unitso Motion rescinded. County Counsel will come back -
with aclarification of the minute order of May 23, 1978 to allow multiple dwellings.
It was moved by Supervisor Richter, seconded by Supervisor Moseley and --
unrs~imo Page 499.
December 12, 1978
unanimously carried that the Hoyt Lauderdale project be-considered as allowable
in the A-2 zoning, (finding that this development is a multiple family dwel-ling,
that this project be exempt from the poFicy set outon May 23, 1978 and that the
building permits be allowed to be issued fora 10-unit duplex.
78-2310 APPEARANCE: MIKE GLAZE
Mike Glaze, Oroville, complimented Supervisor Richter on his actions regarding
A-2 zoning building. He explained, the matterof a rezone of a parcel of property,
In the light of this action, he requested the Board to authorize the Planning Department to refui
his rezone application fee. Chairman Winston requested that he put this request .in writing
and address it to the Board for consideration.
78-2311 APPEARANCE: AARON YERZY, PARADISE
'' Mr. Aaron Yerzy, Paradise, stated that there is no system used for County employees to
set out suggestions for the cutting of the budget after Prop. 13. Mr. Mickelson stated he
had addressed a letter to all departments seeking their views and their employees views
on how the budget could be cut. The response was-poor: Mr. Yerzy suggested that the
Board offer renumeration to these people for any suggestions that might be used.
Chairman Winston requested that the Administrative Office consider this
suggestion and come back to the Board with his recommendation.
', Mr. Yerzy stated that under Prop. 13, there .are going to be certain rules
governing taxes. There is an organization known as the Assessor's Office; what will
their function be now that the taxes are being regulated. Chairman Winston explained
the functions of this department.
RECESS: 12:35
RECONVENED: 1:45
78-2312 CONSIDERATION OF DATA PROCESSING FACILITIES MANAGEMENT PROPOSALS
Ed Brown, Data Processing Director, was given the opportunity to make a
presen#ation relative to the wisdom of retaining in-house control of the data processing
department. Chairman Winston requested that he keep this presentation down to one
hour.
Mr. Brown thanked the Board for the opportunity to make this presentation.
He stated that the management team will set out: Management, Hardware, Users
Relations and then'the Closing Remarks. The particular subject that they will discuss
is in their particular view or job in that department.
Jim Mattingly, Assistant in Charge of Operations, touched upon a few items that
data processing had done in the last few months. They have initiated in-house staff
seminars; he explained the purpose of these. They have initiated staff house meetings.
New procedures in 'the department; have requested -ideas and thoughts which wroesa
open for discussion. Have initiated more schooling; Univac offers an enourmous number of
schools; they are given at no charge to the County. They have prepared a manual for
the operation of scheduling the programs; it shows what will be hmppening in the future,
They review each days schedules. Tape labeling system has been initiated which eliminates
mislabeling of tapes, They have initiated air handling of tapes. They can forecast where they
are having the most number of problems in the programs. They have gone through a
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December 12, 1978
--------===D~~emlze,~12~19Z8 _________________
re-organization in the department. They have gone to a project control system.
He explained the matfier of access to the computer room. There is restricted access
now to the aorpputer room,
For fire protection they have started doing backup of the systems. They
have investigated differend type fire prevention methods. They are analyzing
standards and procedures.
Wayne Angel spoke on Hardware and Machine users utilization. He gave a
brief over-view of the 9~0-30 system. Machine utilization explained, Utilization
of the tape is well below the 50% time, The machine is not experiencing any rough
work load, Utilization report on what the machine can do set out. He feels that
the equipment can do the job for the County. The area that have the problem involved
the CADE system.. Process explained. They would- iike to eliminate CARE entirely.
Disc management capabilities explained, The system allows for backup of
valuable tapes, .They now have the ability to. have several libraries.
Chuck Kinsey spoke on systems in use, The major thing is revising the Data
Processing Users Committee. They are usingahe committee now; another sub-committee is the
Users Hardware needs. These committees will give the users a sense of responsibility
in the gorwth of the departmenfi. Bute County is servicing 12 other counties.
They have also started a users education program. They also had a tour through the
center for the users to show how the computer works for them. He feels that they are
really. making strides out there,
Supervisor Richter stated he understands that theuusers have p lot of complaints.
He said he had heard that a number of users are considering leaving the systems and
going somewhere else for this work. Supervisor Madigan asked if he had read the letter
from Ken Leach regarding the Child Support System that was to be set up.
Mr. Brown said that the topic of Ken Leach's memo was a sore point. The
system had been started two years ago and they have reached a dead hilt this past summer.
He said he could see no reason why this department cannot continue in the direction
it is going. With a small amount of money added to the director's salary, the County
could attract top personne! from throughout the Country. He pointed out that since
August the staff has contributed over 1500 hours free to the County. They will
continue doirg~.good work if allowed to do so, He set out. the background of the top
personnel in the department. The staff is capable of doing the job.
Supervisor Lemke stated that the Board is concerned with management. The
County is losing the management. The slot has to be filled. The management team
has spoken today; it is suggested that the County recruit for the position of Director
of the Department,
Users in the audience given the opportunity to speak at this time. Speaking:
I. Clark A. Nelson, County Clerk and RQCOrder. He stated that he has
never complained that he was dissatisfied with data processing department. He knows
that improvement needs do have to be made. The department showed the greatest
management possible on election night. He has investigated the proposals made
to the County. Fle talked. to Orange County and they stated that they would be very
Page 501.
December 12, 1978
D~c~rr.~b~r 12~ 1978
hesitant about going into a facility management system. Orange County knows where they have
had problems. The Board should ask them what they have learned in the last five years.
In Orange County they had to hire a contract manager and a secretary. Mr. Nelson set out
his',views about going into a facility management concept for data processing.
Carl Morton, Treasurer, stated he concurred with the statements of Mr. Nelson.
He',concurred with the memo that Mr. Harris sent to the Board. Chairman Winston referred to the
memo sen# by Mro Morton to the Board members about the problems with management at
the'! data processing department.
Mr. Pat Casey, Ass#, Supt, of Schools, stated that the schools were on this computer.
There have been problems in the past but during the last two months, .things have been
straightened out and there is good communications between schools and Data Processing.
He',spoke in favor of the present operation.
RECESS: 3:15
RECONVENED: 3:30
Mre Mike McCullogh, Glen County Assessor, stated they have been a user with this
system for 10 years. They have been very pleased with this system. He goes along with this
system because they have had good cooperation with the department. Stated he would have
to support the present system and department workers.
', Bill Lawrence, County Auditor, stated that this department provides services to the
departments. The users should have a strong voice on who should provide the services.
He',does not feel that a management facility operator is needed. He has met with representatives
from CSC but not with Sierra National or Computer Systems. He felt it would be better
to heave this decision until the new Board members take office. Any action should be
deferred until the Users Committee have had a chance to review the systems and come back
with a recommendation,
Ms. Phyllis Tillett. She stated she was not a user but is a former employee of Data
Processing. She felt this was a 12th hour change; the present personnel have only had a short
time to make these changes. She feels that the present improvements will. continue when
Mr Brown leaves.
Chairman Winston stated that there was a hearing last Tuesday. Why wasn`t more users
at bast week's meetingo Supervisor Richter stated there were efforts to get people here.
Supervisor Madigan stated that Mro Mickelson had received calls from other users; he received
calls from other countiesthat used this department.
Chairman Winston read the memo of November 9th from Carl Morton to the
Administrative Officer. He wrote about the extra expense and the added costs. He
included 18 complaints. Mr, Morton stated that he would rather face the known rather
than the unknown, It is his feeling that the new management problem has been worked out.
Chairman Winston stated there was a memo from Mr. AI Harris of the County Welfare
Departmento It is dated December 8, 1978. Ed Brown commented on the memo from Mr, Harris.
Chairman Winston stated he was going to recess this meeting and the Data Processing
Committee is going to meet and will ~aen make a recommendation. There will also be a recommendation
from the Administrative Officer, Page 502.
December 12, 1978
_ _ _ December 12l 1978 _ _ _
RECESS: 4:05
RECONVENED: 4:55
Data Processing Committee made their recommendation at this time. They were
unanimous in the recommendation. All the .conversation in the meeting was recorded by
a secretary. The general concensus of the committee is to reegfJii'mrmtFidx~ the Board that
the concept of facility management for data processing be approved. Negotiations should start
first with CISC and if negotiations break down with them, then with SCT pnd if then
the negotiations break down, they will negotiate with Sierra National Corporation.
', That is the recommendation of the Data Processing Committeeo
Chairman Winston stated that all the proposals had a lengthy list of
references; unle~~ they checked. Administrative Officer stated that they had all been
checked. Supervisor Lemke stated they had calls from Orange County, New Orleans
and Pierce County, Washington. Mr. Mickelson said that his office received no
indications that the companies were not competent and that they tried to serve their
clients well. Orange County has been under contract for 7 years and are now
negotiafiing for another 7 years. They are not anticipating going "In-house ",
Administrative Officer concurred with the recommendation of the committee.
', Chairman Winston stated he would be interested in knowing fsome of the
basic reasons for choosing Computer Science over the others. Supervisor Lemke stated
the reason was for the training offered. Some of the references had a part in their
', decision. They all agreed that the two companies are good companies.
CSC has some qualifications that SCT does not have; they are both good companies.
Mr. Mickelson said he would stand with the recommendation of the committee.
Mr. Mickelson said he was comfortable with the fact that CSC. can do the job for the County.
Supervisor Lemke stated that when he called the University of Baltimore, he had
nothing. but praise for CSC program.
The recommendation is that they start negotiations with one of the companies;
if the negotiations break dawn, then go to the next on the list.
It wsfs moved by Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, that the recommendation of the Data Processing Committee be
accepted, namely that Computer Science Corpo will be negotiated with initially;
secondly, SCT would be negotiated with, and if unsuccessful in that negotiation, then
negotiations will commence with Sierra National Corporation, and that negotiations
will commence immediately.
78-2313 COMMUNICATIONS
Herbert J. McCi~~n.ahan, certified public accountant, Mr. McClanahan submits
audit reports in accordance with the joint Board of Supervisors/Grand Jury
contract, Referred to Administrative Officer. Audits will be studied
and responses made .
Riegel & Associates, Inc. The Engineers, on behalf of Hoyt Lauderdale, request
a waiver of rezoning from A-2 for the issuance of a building permit for a
1-0-unit duplex on AP 044-33-63, west side of Burnap Avenue, approximately
1,200 feet north of Lassen Avenue, Chico. Mr, Croninger will be present
at II:00 a.m. to discuss the matterP,ag~3~~tion taken earlier in the
meeting. December 12, 1971
Page 503.
~~
__-_...._.....________===p~c~rnb~r 12,=127$_________________W
C. W. Trent, Napa. Mr. Trent appeals condition.#6 on a proposed negative declaration
and use permit to allow a recreational vehicle park on property zoned "A-2"
(general) located on the west side of Humbug Road approximately one-half mile
south of Skyway, identified as AP 65-0$-25 north of Paradise. Set for hearing
on January Ib, 1978 at 10:00 a.m.
John L. Haynes 8~ Vincent D. Tonelli. They state that-their propert~ss are now held
in Interim Zoning A-I60. They have requested A-5 zoning for their property.
The zoning on their properties is pending decision by the Board on zoning
of properties south of Rock Creek. They now request that the Board initiate
some action for coming to a decision on their request for consideration of
A-5 zoning. Read and discussed; Referred to Planning Commission.
78-2314 MEMOS DISCUSSED & MATTERS PRESENTED BY BO~,RD MEMBERS
Memo from Administrative Off;cer concerning drainage at Chico Library
site discussed. Referred to Director of Public Works to take up with his counter part
in Chico. Supervisor Richter stated he did not think that the County of Butte should
run a drainage pipe from the site to Lindo Channel. He would oppose thiso Mr. Davis,
Chico City Manager, has stated they will get together with the County to discuss a
', plan for the correction of this matter.
Memo from Administrative Officer to Sheriff con'ceming his over-runs
in the budget. Mr. Mickelson stated that the Sheriff f e can transfer funds without
going to the Reserve fund. No action taken. s
ADJOURNMENT:
There being nothing further before
adjourned at 5:30 p.m. to reconvene on T
Board at this time the meeting wa
~y, Decembeh l9 1978 a~'9;:00 aom
ATTEST: CLARK A. NELSON, COUNTY ALE
By G~C~1~ ~ r~-c~loa~-
Asst. Clerk of the Board
Page 504..
December 12, 1978