HomeMy WebLinkAboutM021390February 13, 1990
call to order -- Board of Supervisors roam, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Dolan, Fulton, Mclnturf and
Chairman McLaughlin present. Supervisor Vercruse not
present. William H. Randolph, chief administrative
officer, and Carol Roach, assistant clerk to the Board.
Pledge of allegiance to the Flag of the United States of
America. Neil McCabe, acting county counsel, present.
Consent Agenda
90-69 1. Approval of minutes - action requested - APPROVE
MINUTES OF JANUARY~30, 1990.
2. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-105 (FYRE), B-106 (MENTAL HEALTH), B-
10'7 (LIBRARY), B-108 (PLANT AND EQUIPMENT
ACQUISITION), B-109 (AGRICULTURE), AND B-110
(BUILDINGS AND GROUNDS).
3. County library donation -- in accordance with
Government Code Section 25355, a donation of $1,400
has been received from Chico Friends of the Library
for the Butte County Library trust fund for books -
action requested - ACCEPT DONATION AND AUTHORIZE
LETTER OF APPRECIATION.
4. Donation of equipment - Company 955, Durham
Volunteer Fire Company - has offered to the County
water tender 45, a 1971 International Harvester,
license no. E262407 - action requested -- ACCEPT
DONATION.
5. Donation of equipment - Goings Distributing Company
has offered to donate a 1964 International truck,
identification no. 16005B371465F4, license no.
P25519, to the Butte County Fire Department, North
Chico Volunteers, Station No. 42 - action
requested - ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
Page 52 February 13, 1990
February 13. 1990
90-69 6. Appointments to Butte County Maternal Child and
Adolescent Health Board - action requested -
REAPPOINT PAUL WASSERMAN, M.D. (PROFESSIONAL
MEMBER), SUSAN CONIGLIO, M.D. (PROFESSIONAL MEMBER),
LINDA STOTLER (PROFESSIONAL MEMBER), AND APPOINT
SANDY SWITHENBANK, R.N. (NUTRITION) TO SERVE UNTIL
MARCH, 1993,
7. Appointment to Upham Cemetery District - action
requested - APPOINT CHRISTOPHER TROSIN TO SERVE
UNTIL JULY 1, 1992.
8. Sandra Stack - files a claim in the amount of
$50,000 as a result of alleged injuries and damages
sustained on or about October 4, 1989 in an
automobile accident at the intersection of Plumas
and 7th Streets, Oroville -- action requested --
REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK
MANAGEMENT.
9. U. S. Sprint - files a claim for equitable
apportionment of damages in an unspecified amount
as a result of alleged damages in the matter of
Butte County Superior Court action no. 101310
entitled Robert Schwerin, II, et a1. v. U. S.
Sprint, et al. The action arises out of an incident
which occurred on or about October 21, 1987 on
Highway 32 near 4th Street in Chico - action
requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL
AND RISK MANAGEMENT.
10. Butte County Jail - architect and construction
management requests for proposals - Board
authorization is requested to release requests for
proposals to obtain professional services for an
architect and construction manager as part of new
jail construction planning - action requested -
AUTHORI~E RELEASE OF REQUESTS FOR PROPOSALS.
11. Claims far excess proceeds from the sale of tax
defaulted property - County Counsel requests Board
approval of claims of Elna B. Brawn as to AP 012-
25-2-017-0; Central Bank as to AP 026-05-0-038-D;
Butte County Credit Bureau as to AP 036-40-1-048-0;
denial of all other claims as to said parcels; and
denial of claims of Ben Culet as to AP 028--36-D-
015-0 and 061-59-0-014-0 - action requested -
APPROVE AND/OR DENY CLAIMS.
Page 53
February 13, 1990
Februarv 13, 1990
90-69
12. Salary ordinance amendment - Public Works
inspector - a classification study conducted of the
position of engineering technician II, range 44,
indicates tasks appropriate to the classification
of Public Works inspector, which is utilized in many
public agencies. The equivalent position in Butte
County is assistant civil engineer, range 47. The
funding source is from within the department
budget - action requested - WAIVE THE SECOND READING
AND ADOPT ORDINANCE 2818.
13. Salary ordinance amendment - a classification study
revealed that the position of veterans' service
officer is lagging by 47.9 percent behind the mean
of counties surveyed and in comparison of internal
relations, lagging 26.4 percent. Proposed is an
increase in salary range from 32 to 42 (25 percent)
to be funded from within the department budget
action requested - WAIVE THE SECOND READING AND
ADOPT DRDINANCE 2819.
14. Salary ordinance amendment -- proposed is a
reorganization for the purpose of flexibly staffing
some positions of the engineering and administration
and road maintenance sections of the Public Works
Department. The funding source is within the
department budget - action requested - WAIVE THE
FIRST READING OF THE ORDINANCE.
15. Resolution regarding Office of Criminal Justice
Planning Youth Links - a delinquency prevention and
diversion program. This resolution rescinds
resolutions 89-188 and 89-212 - action requested -
ADOPT RESOLUTION 90-25 AND AUTHORIZE THE CHAIRMAN
TO SIGN.
16. Resolution authorizing execution of program
supplement no. 51 to local agency - State agreement
na. 03-5912 for federal aid projects -- program
supplement no. 51 covers funding (federal:
$1,751,478, state; $288,252; total; $2,040,000) far
the reconstruction of Cohasset Road from 1.9 miles
to 4.9 miles northeast of Keefer Road, Federal Aid
Secondary Project No. RS-4765(1} - action
requested - ADOPT RESOLUTION 90-26 AND AUTHORIZE THE
CHAIRMAN TO SIGN.
Page 54
February 13, 1990
February__13, 1990
90-69 17. Right-of-way acquisition - agreement for sale -
Foothill Boulevard reconstruction project, County
Project No. 21574-89-1:
Parcel Nos. Owner Acres
2 Jane M. Spangler Total: 0.60
Purchase Price
Land Improvements Total
$550. None $550.
action requested - APPROVE AGREEMENT FOR SALE,
AUTHORIZE CHAIRMAN TO SIGN; ACCEPT DEED AND
AUTHORIZE CHAIRMAN TO SIGN CERTIFICATE OF
ACCEPTANCE.
18. Attorney services contract - an updated contract
form has been prepared retaining the law firm of
Craig and Shepherd, attorneys at law, for legal
services - action requested - APPROVE CONTRACT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
19. Attorney services contract - an updated contract
form has been prepared retaining the law firm of
Leonard and Lyde, attorneys at law, for legal
services - action requested - APPROVE CONTRACT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
20. Assignment of counsel - County Counsel proposes to
assign Robinson v. North County Municipal Court to
the law firm of Marsh, Marsh, Volpe and Molin. The
agreement to retain attorney services was previously
approved by the Board on May 2, 1989 - action
requested - APPROVE ASSIGNMENT OF COUNSEL.
21. Assignment of counsel - County Counsel proposes to
assign Tidwell v. County of Butte to the law firm
of Craig and Shepherd - action requested - APPROVE
ASSIGNMENT OF COUNSEL.
22. Assignment of counsel - County Counsel proposes to
assign Soukup v. County of Butte to the law firm
of Leonard and Lyde - action requested - APPROVE
ASSIGNMENT OF COUNSEL.
Page 55
February 13, 1990
February_13, 1990
90-69
23. 1989/90 standard agreement far County health
services - proposed is an agreement prepared by the
State pursuant to California Welfare and
Institutions Code Sections 16700-16713. In
consideration for completing the conditions
identified in the agreement, the State will
reimburse a maximum of $1, 581, 744 to cover a portion
of the costs of County health services during
1989/90 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
24. School/Community Primary Prevention (SCPP} Program
contract amendment - proposed is an amendment to the
agreement between the State Department of Alcohol
and Drug Programs and the County Alcohol and Drug
Services which has provided funding far the School
Community Primary Prevention {SCPP) Program. This
amendment covers the period January 1, 1990
through June 30, 1990 and provides for the $21,176
grant included in the Drug Abuse Program budget
unit for 1.989/90 - action requested - APPROVE
CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO
SIGN.
25. Dennis Hyde contract - the contract provides family
therapy far Welfare Department (CPS} clients from
January 1, 1990 through December 31, 1990 in the
amount of $5,000 - action requested _ APPROVE
CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
26. Lore Kuhns contract - the contract provides family
therapy for Welfare Department (CPS) clients from
January 1, 1990 through December 31, 1990 in the
amount of $5,000 - action requested - APPROVE
CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
27. Social service workers memorandum of understanding -
a tentative agreement has been reached with
Communication Workers of America {CWA} an amendments
to the social services workers MOU for items open
as part of a two year agreement ending October ~.,
1990 - action requested - RATIFY AMENDMENT TO MOU
AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 56
February 13, 1990
February 13. 1990
90-69 28. American Cancer Society - Daffodil Days - the
American Cancer Society requests Board authorization
for distribution of Daffodil Days event information;
display material in county offices; establishment
of a voluntary network of county employees as
contact persons; and a central location for pickup
of flowers - action requested - AUTHORIZE
DISTRIBUTION OF EVENT INFORMATION VIA INTRA-COUNTY
MAIL, DISPLAY OF INFORMATION ON DEPARTMENT BULLETIN
BOARDS, AND DESIGNATE THE ATRIUM OF THE
ADMINISTRATIVE BUILDING AS THE CENTRAL LOCATION FOR
PICKUP AND DISTRIBUTION OF FLOWERS.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA.
S M
VOTE: ~. Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
Regular Agenda
90-70 Items removed from the Consent Agenda for Board
consideration and action. {NONE)
90-71 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
90-72 Placement of the 0.5 percent dedicated sales tax pursuant
to AB 999 on the June ballot - action requested -
POSTPONE PLACEMENT OF THE 0.5 PERCENT SALES TAX MEASURE
PURSUANT TO AB 999 ON THE BALLOT UNTIL NOVEMBER OR UNTIL
SUCH TIME AS THE CONSTITUTIONAL ISSUES ARE CLARIFIED.
(33)
(SUPERVISOR VERCRUSE PRESENT)
(BOARD CONSENSUS TO INDEFINITELY DELAY THE PLACEMENT OF
THE 0.5 PERCENT SALES TAX MEASURE PURSUANT TO AB 999 ON
THE BALLOT.}
90-73 Consideration of possible amendment to County zoning
ordinance regarding provisions for outdoor festivals.
(240)
MOTION: CONSIDERATION FOR AMENDING THE ZONING ORDINANCE
FOR OUTDOOR FESTIVALS AND CAMPING REFERRED TO
THE PLANNING COMMISSION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 57
February 13, 1990
February 13, 1..990
90-74 Land Conservation Act agreement ~- the Land Conservation
Act Committee unanimously recommends denial of a request
for a change in a contract for Richard and Lisbeth
Harter, based an the fact the request would not be
compatible with the acreage required to get into the
Williamson Act far grazing land of 160 acres, the
property is not under intensive field crop type of
cultivation or irrigated pasture as required by
Resolution 68-7, Hating that the Committee historically
has recommended against approving a contract inconsistent
with the historic existent land use - action requested -
DENY REQUEST. {404)
MOTION: MOVE TO DENY THE REQUEST.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
90-75 Consideration of approval of the designation of the
rabies control coordinator as paundmaster pursuant to
Section 4-14 of the Butte County Code, (816)
MOTION: MOVE TO DESIGNATE THE RABIES CONTROL PROGRAM
COORDINATOR AS POUNDMASTER PURSUANT TO SECTION
4-14 OF THE BUTTE COUNTY CODE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
90-76 Consideration of supporting the CSAC concept of a Board
of Governors for State-County Services. (1164)
MOTION: MOVE TO SUPPORT THE CSAC CONCEPT OF A BOARD OF
GOVERNORS FOR STATE-COUNTY SERVICES.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-77 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT TS NOT
LISTED ON THE AGENDA.} (1417) (NONE)
Public Hearings and Timed Items
90-78 A closed session will be necessary for the purpose of
litigation, personnel matter, and meet and confer.
(NONE}
Page 58
February 13, 1990
February 13, 1990
RECESS: 9:51 A.M.
RECONVENE: 10:36 A.M. (SUPERVISOR VERCRUSE NOT
PRESENT}
Public Hearings and Timed Items
90-79 Public hearing - Lulubell Clapp appeal of Church of Jesus
Christ LDS use permit (proposed negative declarations
with mitigation measures regarding environmental impacts)
to allow an expansion of a use permit to allow a pavilion
and a baseball field to be added to an existing church
on property coned A-5 (agricultural, five acre parcels),
property located on the west side of French Avenue,
approximately 10,000 feet from the intersection of French
Avenue and West Liberty Road, identified as AP 021-131-
016, Gridley. (1434)(**OD}
(SUPERVISOR VERCRUSE PRESENT)
MOTION: MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF
MEMO DATED JANUARY 2, 1990; AND FIND THAT AN
INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH
CEQA; SAID STUDY AND COMMENTS RECEIVED THEREON
IDENTIFIED POTENTIALLY SIGNIFICANT
ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE
HAD BUT:
1. REVISIONS TN THE PROJECT PLANS OR PROPOSAL
MADE BY OR AGREED T4 BY THE APPLICANT
WOULD AVOID SUCH EFFECTS OR MITIGATE SUCH
EFFECTS TO A POINT WHERE CLEARLY NO
SIGNIFICANT ENVIRONMENTAL EFFECTS WOULD
OCCUR; AND
2. THERE TS NO SUBSTANTIAL EVIDENCE BEFORE
THE COUNTY THAT THE PROJECT AS REVISED
MAY HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT.
A PROPOSED NEGATIVE DECLARATION HAS BEEN
COMPLETED IN COMPLIANCE WITH CEQA; AND
FIND THAT SAID NEGATIVE DECLARATION TOGETHER
WITH ANY COMMENTS RECEIVED DURING THE PUBLIC
REVIEW PROCESS HAVE BEEN REVIEWED AND
CONSIDERED; AND
Page 59
February 13, 1990
February 13, 1990
90-79 FIND THAT THE PROPOSED USE OF THE PROPERTY WILL
NOT IMPAIR THE INTEGRITY AND CHARACTER OF THE
ZONE IN WHICH THE LAND LIES AND THAT THE USE
WOULD NOT BE UNREASONABLY INCOMPATIBLE WITH,
OR INJURIOUS TO SURROUNDING PROPERTIES OR
DETRIMENTAL TO THE HEALTH AND GENERAL WELFARE
OF THE PERSONS RESIDING OR WORKING IN THE
NEIGHBORHOOD OR TO THE GENERAL HEALTH, WELFARE
AND SAFETY OF THE COUNTY BECAUSE OF THE
MITIGATED CONDITIONS INCLUDED HEREIN; AND
ADOPT A NEGATIVE DECLARATION WITH MITIGATION
MEASURES; AND
APPROVE THE USE PERMIT TO ALLOW TWO (2) SPORTS
FIELDS WITH A RECREATION PAVILION ON AP 021-
131-016 (CHURCH OF JESUS CHRIST LDS) SUBJECT
TO THE FOLLOWING CONDITIONS:
1. NO OUTDOOR LIGHTING OF THE SPORTS FIELD
SHALL BE ALLOWED.
2. PLANT LANDSCAPING ALONG THE NORTH PROPERTY
LINE THAT WILL FORM A CONTINUOUS BARRIER
AND REACH A HEIGHT OF STX FEET WITHIN
THREE (3} YEARS.
3. RECREATIONAL ACTIVITIES SHALL BE
RESTRICTED TO CHURCH FUNCTIONS OR PRIVATE
GATHERINGS OF CHURCH MEMBERS OR GUESTS.
NO SPORTS LEAGUE OR TOURNAMENT PLAY WILL
BE ALLOWED.
4. NO GRADING OR SOIL REMOVAL SHALL BE
ALLOWED UNLESS APPROVED BY THE BUTTE
COUNTY DEPARTMENT OF PUBLIC WORKS.
5. MAINTAIN A 300 FOOT SETBACK FROM ADJACENT
AGRICULTURAL USES FOR MAJOR BUILDINGS AS
LONG AS THE ADJACENT PROPERTY REMAINS IN
AGRICULTURAL PRODUCTION, 150 FOOT SETBACK
FOR FOOD CONCESSION STANDS, AND 100 FOOT
SETBACK FOR DUGOUT AND OTHER OPEN SPORTS
RELATED STRUCTURES.
&. APPLICANT MUST ALSO COMPLY WITH ALL OTHER
APPLICABLE STATE AND LOCAL STATUTES,
ORDINANCES, AND REGULATIONS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 60
February 13, 1990
February 13, 1990
90-80 Public hearing - Harold H. Galliett, Jr. appeal of
Robinson and Sons, Inc. use permit and a mining and
reclamation plan (proposed negative declarations with
mitigation measures regarding environmental impacts) to
allow a surface mining operation for aggregate which
would include two quarry sites and a haul road. The
quarry sites are located west of State Highway 70,
approximately one mile south of the Palermo Road, Highway
70 intersection, and approximately 350 feet east of the
Feather River. The private haul road between the quarry
sites and the existing Robinson Construction Company plan
an Pacific Heights Road will be located west of Pacific
Heights Road. The quarries are located on AP 025-16-0-
105, 025-23-0-033 and 034. The haul road traverses the
above parcels and AP 025-23-0-002, 004, 006 and 036-25-
0-006, 024 and 025, southwest of Oraville. (100)
MOTION: MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF
MEMO DATED JANUARY 4, 1990; FIND THAT AN
INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH
CEQA; SAID STUDY AND COMMENTS RECEIVED THEREON
IDENTIFIED POTENTIALLY SIGNIFICANT
ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE
HAD BUT:
1. REVISIONS IN THE PROJECT PLANS OR PROPOSAL
MADE BY OR AGREED TO BY THE APPLICANT
WOULD AVOID SUCH EFFECTS OR MITIGATE SUCH
EFFECTS TO A POINT WHERE CLEARLY NO
SIGNIFICANT ENVIRONMENTAL EFFECTS WOULD
OCCUR; AND
2. THERE TS NO SUBSTANTIAL EVIDENCE BEFORE
THE COUNTY THAT THE PROJECT AS REVISED MAY
HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT.
ADOPT A NEGATIVE DECLARATION IN COMPLIANCE WITH
CEQA;
FIND THAT SAID NEGATIVE DECLARATION TOGETHER
WITH ANY COMMENTS RECEIVED DURING THE PUBLIC
REVIEW PROCESS HAVE BEEN REVIEWED AND
CONSIDERED; AND
Page 61
February 13, 1990
February 13, 1390
90-80 FIND THAT THE PROPOSED USE OF THE PROPERTY WILL
NOT IMPAIR THE INTEGRITY AND CHARACTER OF THE
ZONE IN WHICH THE LAND LIES AND THAT THE USE
WOULD NOT BE UNREASONABLY INCOMPATIBLE WITH,
OR INJURIOUS TO SURROUNDING PROPERTIES OR
DETRIMENTAL TO THE HEALTH AND GENERAL WELFARE
OF THE PERSONS RESIDING OR WORKING IN THE
NEIGHBORHOOD OR TO THE GENERAL HEALTH, WELFARE
AND SAFETY OF THE COUNTY BECAUSE THIS IS A
SIMILAR TYPE OF USE IN AN ADJACENT LOCATION
THAT HAS ALREADY BEEN REZONED WITH THE USE
PERMITS ISSUED AND MITIGATION MEASURES THAT ARE
SET UP WILL MITIGATE ANY PROBLEMS THAT MIGHT
OCCUR; AND
APPROVE THE USE PERMIT/MINING AND RECLAMATION
PLAN TO ALLOW A SURFACE MINING OPERATION FOR
AGGREGATE WHICH WILL INCLUDE TWO QUARRY SITES
AND A HAUL ROAD WITH QUARRY SITES ON AP q25--
160-105, 025-230-033 AND 034. THE HAUL ROAD
WILL BE LOCATED ON THE ABOVE PARCELS AND AP
025-230--002, 004, 006, AND AP 036--250-006, 024,
AND 025 (ROBINSON & SONS) SUBJECT TO THE
FOLLOWING CONDITIONS:
1. OBTAIN PERMITS FROM AND MEET THE
REQUIREMENTS OF THE BUTTE COUNTY MOSQUITO
ABATEMENT DISTRICT.
2. OBTAIN PERMITS FROM AND MEET THE
REQUIREMENTS OF THE BUTTE COUNTY
ENVIRONMENTAL HEALTH DEPARTMENT.
3. OBTAIN PERMITS FROM AND MEET THE
REQUIREMENTS OF THE STATE RECLAMATION
BOARD.
4. OBTAIN PERMITS FROM AND MEET THE
REQUIREMENTS OF THE BUTTE COUNTY AIR
POLLUTION CONTROL DISTRICT.
5. OBTAIN PERMITS FROM AND MEET THE
REQUIREMENTS OF BUTTE COUNTY DEPARTMENT
OF PUBLIC WORKS.
6. OBTAIN PERMITS
REQUIREMENTS OF
DEPARTMENT.
Page 62
FROM AND MEET THE
THE BUTTE COUNTY FIRE
Febraary 13, 1990
February 13, 1990
90-80 7. POND WALL SLOPES TO BE ENGINEERED TO
ENSURE SLOPE STABILITY DEPENDING ON THE
MATERIAL COMPRISING THE POND WALL, BUT IN
NO CASE SHALL SLOPES BE GREATER THAN 2:1.
8. ENGINEER PONDS TO CARRY THE DESIGN
CAPACITY PLUS 100-YEAR RAINFALL.
9. NO FLOCCULANTS PERMITTED.
10. REVEGETATE SITE WITH RIPARIAN SPECIES
UNDER THE DIRECTOR OF THE DEPARTMENT OF
FISH AND GAME. VARIOUS RIPARIAN TREE
SPECIES TO BE PLANTED ON 25--FOOT CENTERS.
REVEGETATION PROGRAM TO BE INSPECTED
YEARLY FOR AT LEAST AN 80 PERCENT SURVIVAL
RATE. THE PLANTINGS FOR THE FOLLOWING
YEAR ARE TO BE ADJUSTED EITHER UP TO COVER
NON-SURVIVORS OR DOWN IF NATIVE SPECIES
NATURAL REVEGETATE.
11. LAYOUT OF THE PONDS TO BE IN ACCORDANCE
WITH THE SITE PLAN CONTAINED WITHIN THE
MINING PERMIT (SHOWS A 100-FOOT WIDE
BUFFER AREA). IN ADDITION, ROCK, TREES,
AND OTHER VEGETATION WITHIN 50 FEET OF THE
EASTERLY TOE OF THE TAILINGS ARE TO BE
RETASNED OR THE EXTRA 50 FOOT AREA WILL
BE USED FOR POND DIKE AREA AND REPLANTED.
12. ALL EQUIPMENT TO BE EQUIPPED WITH MUFFLERS
OR OTHER DEVICES TO MINIMIZE NOISE.
13. ALL TREES AND VEGETATION TAKEN OUT ARE TO
BE REMOVED FROM THE PROJECT AREA,
14. THE SHORELINE OF THE LARGE PONDS TO BE
CONSTRUCTED AND MAINTAINED IN SUCH A WAY
AS TO PREVENT ANY SHALLOW VEGETATED AREAS
THAT WOULD ALLOW MOSQUITO BREEDING, ETC.
(SEE INITIAL STUDY.)
15. HOURS OF OPERATION INCLUDING MAINTENANCE
OF EQUIPMENT AND HAUL ROAD OPERATIONS FROM
5:00 A.M. TO 9:00 P.M., MONDAY THROUGH
SATURDAY, AND MAY BE EXTENDED IF A LOCAL
EMERGENCY IS DECLARED BY THE BOARD OF
SUPERVISORS.
16. NO BLASTING WILL BE ALLOWED.
Page 63
February 13, 1990
February 13. 1990
90-80 17. PRIOR TO BUTTE COUNTY SIGNING THE USE
PERMIT/MINING PERMIT, THE APPLICANT IS TO
SUBMIT A $25,000 PERFORMANCE BOND TO
GUARANTEE THE CONDITIONS OF THE MINING
PERMIT AND RECLAMATION PLAN THROUGH THE
LIFE OF THE PROJECT. THE PERFORMANCE BOND
SHALL BE REVIEWED BI-ANNUALLY AND MAY BE
INCREASED OR DECREASED IN ACCORDANCE WITH
THE ENGINEERING NEWS RECORD CONSTRUCTION
COST INDEX (ENRCCI).
18. PERFORMANCE BOND TO BE HELD UNTIL THE SITE
IS COMPLETELY RECLAIMED AND APPLICANT HAS
APPLIED FOR A GENERAL PLAN AMENDMENT TO
PUBLIC AND- REZONE TO RESOURCE
CONSERVATION.
19. ACCESS ROAD TO BE SUBGRADED WITH
APPROPRIATE AGGREGATE BASE IN ACCORDANCE
WITH THE DEPARTMENT OF PUBLIC WORKS
SPECIFICATIONS.
20. APPLICANT MUST ALSO COMPLY WITH ALL OTHER
APPLICABLE STATE AND LOCAL STATUTES,
ORDINANCES, AND REGULATIONS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-81 Public hearing - NorthStar Engineering on behalf of
Orchard House Estates Subdivision (Ron Caporale} - appeal
of condition no. 6 (Construct one half street plus 12
foot street section on Bidwell Avenue and widen street
section on West Sacramento Avenue to RS-2A road standard
with vertical curb, gutter, and sidewalk and 2" AC, 8"
AB, SC 250 prime, fog seal and 95o relative compaction.
Construct full street section on interior street to RS-
2B access road standard with curb, gutter, and sidewalk.
Minimum structural section to be 2" AC and 8" AB with fog
seal and 95% relative compaction. Submit design to
County Department of Public Works for approval. "R"
value determinations and other data may be requ~.red to
support section design.) on tentative subdivision map
(proposed negat~.ve declaration regarding environmental
impact), AP 42-16-64, 18 lots, property located at the
southeast corner of West Sacramento Avenue at Bidwell
Avenue, Chico area. (1088}
Page 64
February 13, 3.990
February 13, 1990
MOTION: MOVE THAT BASED UPON PREVIOUS BOARD ACTION
REGARDING THE UNIQUE NATURE OF BTDWELL AVENUE,
WE GRANT THE APPEAL OF THE PROPOSED PUBLIC
WORKS DEPARTMENT ROAD STANDARD AND REQUIRE A
DOUBLE CHIP SEAL ON BIDWELL AVENUE ALONG THE
FRONTAGE OF THIS PROJECT. FURTHER, THAT THE
PROPERTY OWNER(S) ENTER INTO AN AGREEMENT THAT
GOES WITH THE LAND, AS HAS PREVIOUSLY BEEN
DONE, THAT STATES THEY WILL CONTRIBUTE THEIR
FAIR SHARE TOWARD THE ROAD IMPROVEMENTS AS THE
COUNTY DETERMINES WHAT THEY ARE TO BE.
M S
VOTE: l Y 2 Y 3 Y 4 N 5 Y (Motion Carried)
90-$2 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.) (NONE)
90-83 ADJOURNMENT: There being nothing further before the
Board at this time, the meeting was
adjourned at 12:17 p.m. to reconvene on
Tuesday, February 27, 1990 at 9:00 a.m.
~C
Chairman, Boa of Supervisors
ATTEST:
WILLIAM H. OLPH, Chief Administrative Officer
and C erk of h Board
By:
Page 65
February 13, 1990