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HomeMy WebLinkAboutM052201BOARD OF SUPERVISORS MINUTES Mav 22, 2001 01-156 R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District KIM YAMAGUCHI, 5th District Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Beeler, Dolan, Houx, Yamaguchi, and Chair Josiassen. Also present: John S. Blacklock, Chief Administrative Officer; Bruce Alpert, County Counsel; and Marion Reeves, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Invocation - Pastor Linda Prendergast, First United Methodist Church, Oroville. Items removed from the Consent Agenda for Board discussion and action. (132) Fairway Oaks Subdivision - Final Map - APN 040-050-054 and 068, creating 20 lots located south of the City of Chico at Butte Creek Country Club between State Highway 99 and Oroville Chico Highway. The developer has provided an Irrevocable Letter of Credit to guarantee construction of the required road, drainage, fire protection and sewer facilities within one year. The Fire Department has requested the developer enter into a Fire Protection water System Maintenance Agreement to ensure the continued operation and maintenance of the fire protection system - action requested - APPROVE FINAL MAP; ACCEPT THAT PORTION OF OROVILLE CHICO HIGHWAY AS OFFERED FOR DEDICATION IN FEE SIMPLE TO THE COUNTY OF BUTTE IN ITEM 1 OF THE OWNER'S STATEMENT; ACCEPT THE RELINQUISHMENT OF ABUTTER'S RIGHTS ALONG OROVILLE CHICO HIGHWAY THAT FRONTS ON LOT 22 AS OFFERED FOR DEDICATION TO THE COUNTY OF BUTTE IN ITEM 2 OF THE OWNER'S STATEMENT; ACCEPT THAT PORTION OF LOS CABOS DRIVE AS OFFERED FOR DEDICATION IN FEE SIMPLE TO THE COUNTY OF BUTTE IN ITEM 3 OF THE OWNER'S STATEMENT. ACCEPT THOSE EASEMENTS FOR PUBLIC SERVICE PURPOSES AS OFFERED IN ITEMS 4 , 5 , AND 6 OF THE OWNER' S STATEMENT ON BEHALF OF THE ENTITIES NAMED. NOTE THAT THE "FUTURE ROAD" AS OFFERED FOR DEDICATION IN ITEM 7 OF THE OWNER'S STATEMENT IS NOT ACCEPTED AT THIS TIME; ACCEPT ITEMS "A" THROUGH "E" OF THE OWNER'S STATEMENT ON BEHALF OF THE FAIRWAY OAKS HOMEOWNER'S ASSOCIATION; AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT AND THE FIRE PROTECTION WATER SYSTEM MAINTENANCE AGREEMENT. (FROM 5-8-O1 [3.05]) Page 208 Mav 22, 2001 Mav 22, 2001 Consent Acrenda O1-157 1. Approval of Minutes - action requested - APPROVE MINUTES OF APRIL 10, 2001; APRIL 17, 2001; APRIL 24, 2001 (WITH THE ABSTENTION OF SUPERVISOR HOUX); AND MAY 1, 2001. 2. Budget Transfers - action requested - APPROVE BUDGET TRANSFER B-350 (Facilities Services [4/5 vote required]). 3. County Library Donations - in accordance with Government Code Section 25355, a donation of $2,365 from the Chico Friends of the Library has been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. 4. Private Industry Council - action requested -APPOINT CARL OSCHNER, COMMUNITY BASED ORGANIZATION REPRESENTATIVE, TO A VACATED TERM TO END JUNE 2001. 5. Vehicle Purchase - Board approval is requested by the Butte County Department of Behavioral Health to purchase a van for the Youth Day Treatment Program. Board approval is also requested to transfer $26,000 in department funds to provide for the purchase - action requested - APPROVE BUDGET TRANSFER B-362; AND APPROVE PURCHASE OF A FIXED ASSET ITEM. 6. workstation Purchase - Board approval is requested by the Public Health Department to purchase seven modular workstations. The Department has received $17,582 in unanticipated Proposition 99 funds, and the State Department of Health Services, Tobacco Control Section has approved the use of the funds for the purchase of the workstations - action requested - APPROVE BUDGET TRANSFER B-359 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE PURCHASE OF FIXED ASSET ITEMS. 7. Video Capture Station Purchase - Board approval is requested by the Sheriff's Office to purchase a video capture station in the amount of $10,180 on behalf of the Gridley Police Department. The equipment will allow the Gridley Police Department to initiate the booking process at its facility utilizing equipment compatible with the Sheriff's Office Criminal Information System. The Sheriff's Office will obtain the equipment for Gridley to provide for compatibility and license compliance. The City of Gridley has provided funding for the purchase, and Board approval is also requested for a budget transfer to accept and appropriate the funds - action requested - APPROVE BUDGET TRANSFER B-361 (4/5 vote required); AND APPROVE PURCHASE OF A VIDEO CAPTURE STATION ON BEHALF OF THE CITY OF GRIDLEY. Page 209 Mav 22, 2001 Mav 22, 2001 01-157 8. Adoption of a Salary Ordinance Amendment - the welfare Department has requested the Personnel Department prepare a salary ordinance amendment which provides for a parity adjustment for the classification of welfare Program Manager, retroactive to October 2, 1999, as a result of arbitration with the Butte County Management Employees Association - action requested - ADOPT ORDINANCE 3720 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-8-O1 [3.27]) 9. Adoption of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which replaces the urgency salary ordinance adopted March 27, 2001, which extended the term dates of one position of Mental Health Counselor, and one half-time position of District Attorney Investigator II/I to February 28, 2002. The positions are part of the Violence Against women Vertical Prosecution Program and the urgency ordinance was adopted to allow the term positions to continue uninterrupted. This ordinance replaces the urgency ordinance - action requested - ADOPT ORDINANCE 3721 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-8-O1 [3.28]) 10. Adoption of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Administrative Analyst III/II/I. The position is being added to address the increased responsibilities associated with the Medi-Cal Administrative Allowance program and the Targeted Case Management program. The department has sufficient savings to fund the position for the remainder of this fiscal year and has included the position in the fiscal year 2001-2002 proposed budget - action requested - ADOPT ORDINANCE 3722 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-8-O1 [3.29] ) 11. Introduction of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which extends the term date of one flexibly staffed position of Legal Typist Clerk/Office Assistant III, and one position of Investigative Assistant to June 30, 2002. The positions are part of the Statutory Rape Vertical Prosecution Program, and funding for the program has been renewed for next fiscal year - action requested - WAIVE READING OF THE ORDINANCE. Page 210 Mav 22, 2001 Mav 22, 2001 O1-157 12. Introduction of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which deletes two flexibly staffed positions of District Attorney Investigator II/I as the final step in a plan to provide a supervision structure within the Criminal Division's Investigative Unit. On January 9, 2001, the Board adopted an ordinance adding two positions of Senior Investigator to the Criminal Division, with the provision that once the supervising positions were filled two Investigator positions would be deleted. This ordinance completes that action - action requested - WAIVE READING OF THE ORDINANCE. 13. Introduction of a Salary Ordinance Amendment - the Sheriff's Office has requested the Personnel Department prepare a salary ordinance amendment which deletes two Deputy Sheriff positions from the Sheriff's Special Enforcement Unit in response to the termination of the patrol services contract with the City of Biggs - action requested - WAIVE READING OF THE ORDINANCE. 14. Introduction of a Salary Ordinance Amendment - the Sheriff's Office has requested the Personnel Department prepare a salary ordinance amendment which deletes the Community Oriented Policing and Problem Solving (COPPS) budget unit from the Sheriff's Office budget, and deletes three vacant Deputy Sheriff positions which were included in that budget unit. The COPPS budget is being deleted as a result of the termination of the COPPS grant funding. The three Deputy Sheriffs assigned to the COPPS budget unit were transferred to vacant positions in the Operations Unit - action requested - WAIVE READING OF THE ORDINANCE. 15. Introduction of a Salary Ordinance Amendment - the Personnel Department has prepared a salary ordinance amendment which: 1) creates the classifications of Child Support Attorney I ($17.17-$21.11), Child Support Attorney II ($21.10-$25.65), Child Support Attorney III ($24.39-$29.64), and Child Support Attorney IV ($27.49- $33.41); 2) adds the budget unit 550-001 - Child Support Services to the salary ordinance; 3) allocates positions within the District Attorney-Family Support Division's budget unit to the Child Support Services' budget unit effective July 1, 2001, and allocates the recently created position of Chief Child Support Attorney to the Child Support Services' budget unit; and 4) provides for minor administrative corrections to the salary ordinance - action requested - WAIVE READING OF THE ORDINANCE. Page 211 Mav 22, 2001 Mav 22, 2001 O1-157 16. Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which adds one term flexibly staffed position of Administrative Analyst III/II/I, and one term position of Administrative Services Assistant (terms to end 6-30-02) in support of the Children and Families Commission program - action requested - WAIVE READING OF THE ORDINANCE. 17. Resolution in Support of wild Goose Storage Inc., Expansion - consideration of a resolution supporting the wild Goose Storage Inc., proposed expansion as presented to the Board on March 13, 2001 - action requested - ADOPT RESOLUTION O1-051 AND AUTHORIZE THE CHAIR TO SIGN. 18. Installation of Roadway Illumination on Various Butte County Roadways; County Project No. SP-97-1 - the project consists of upgrading pavement traffic stripping and markers on various roadways throughout Butte County. The project funding is 100 o reimbursable by the State through the Hazard Elimination and Safety Program - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT A WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. 19. Construction of Pavement Double Chip Seal on Various Butte County Roadways; County Project CS-2001-O1 - the project consists of a total of 28.4 miles of pavement double chip seal on Nelson Road from Aguas Frias Road to State Route 99; Ord Ferry Road from Dayton Road to the Butte County line; Aguas Frias Road from Ord Ferry Road south 4.0 miles; and Palermo Honcut Road from Lower Honcut Road to Alice Avenue. The project is included in the department's fiscal year 2001-2002 budget - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT A WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. 20. Award of Bid - Reconstruction of Centerville Road Bridge Across Butte Creek - Federal Project No. BRLO-5912(018); County Project No. 54945-97-1 - the project consists of construction of a 165 foot single span cast-in-place prestressed box girder type highway bridge having an overall width of 32 feet 8 inches, with approximately 835 lineal feet of roadway realignment and reconstruction. Bids were received on May 9, 2001, with the low bidder being Clemens Construction Company of Redding in the amount of $887,798. Funding for the project is included in the department's budget - action requested - AWARD BID TO CLEMENS CONSTRUCTION COMPANY OF REDDING IN THE AMOUNT OF $887,798; AND APPROVE CONSTRUCTION AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 212 Mav 22, 2001 Mav 22, 2001 01-157 21. Award of Bid - Roadway widening on Midway at the Durham Ballpark Entrance - County Project No. 26311-2-00-1 - the project consists of a total of 700 feet of roadway widening at the Durham Ballpark entrance on the Midway to accommodate the installation of left turn pockets. Bids were received on May 1, 2001, with the low bidder being Robinson Construction Company of Oroville in the amount of $58,227. Funding for the project is included in the department's budget - action requested - AWARD BID TO ROBINSON CONSTRUCTION COMPANY OF OROVILLE IN THE AMOUNT OF $58,227; AND APPROVE CONSTRUCTION AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 22. Lee Rosenthal - Amendment - Board approval is requested by the Administrative Office for an amendment to the agreement with Lee Rosenthal for the provision of legal services in the area of redevelopment. The amendment extends the term of the agreement until terminated by either party to allow for continued assistance to the County in matters pertaining to redevelopment generally, and specifically related to the Chico Redevelopment Agency and the Oroville Redevelopment Agency - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11464) 23. Pacific Municipal Consultants - Board approval is requested by the Administrative Office for an agreement with Pacific Municipal Consultants for the consulting services of Tom Buford, to serve as the Interim Director of Development Services. The term of the agreement is May 14, 2001, through October 12, 2001, with a maximum amount payable of $98,800 (Development Services Department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 24. Ed Becker - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the lease agreement with Ed Becker for the property located at 985 and 995 Spruce Street, Gridley. The property is utilized as a family counseling center. The amendment provides for the acquisition of additional space (965 and 975 Spruce Street), extends the term of the agreement through June 30, 2008, and increases the maximum amount payable to $325,566.66 (department budget) for the multi-year term - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. Page 213 Mav 22, 2001 Mav 22, 2001 01-157 25. Kenneth B. Holden, Ph.D. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Kenneth B. Holden, Ph.D., for the provision of medical work in the specialized field of psychology. The term of the agreement is April 1, 2001, through June 30, 2002, with a maximum amount payable of $65,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X12036) 26. North Valley Parent Education Network - Board approval is requested by the Butte County Department of Behavioral Health for two revenue agreements with the North Valley Parent Education Network for the provision of support services designed to reduce juvenile crime: A. the term of the agreement is July 1, 2000, through December 31, 2000, with a maximum amount payable to the County of $131,666; and B. the term of the agreement is January 1, 2001, through June 30, 2001, with a maximum amount payable to the County of $131,666 - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. (Contract Nos. R40295A and R40295B) 27. North Valley Parent Education Network - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with North Valley Parent Education Network for the provision of specialty mental health services to youth clients. The amendment provides for language changes regarding the limited cumulative maximum monthly payment schedule, with all other terms and provisions, including term and maximum amount payable, to remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 28. Office of Criminal Justice Planning - Statutory Rape Vertical Prosecution Grant - Board approval is requested by the District Attorney to apply to the Office of Criminal Justice Planning for $150,000 in renewed funding for the Statutory Rape Vertical Prosecution Program. The term of the grant will be July 1, 2001, through June 30, 2002 - action requested - APPROVE GRANT AND AUTHORIZE THE DISTRICT ATTORNEY TO SUBMIT APPLICATION, AND TO SIGN ANY SUBSEQUENT DOCUMENTS RELATING TO THE GRANT; AND AUTHORIZE THE CHAIR TO SIGN THE CERTIFICATION OF ASSURANCE OF COMPLIANCE. Page 214 Mav 22, 2001 Mav 22, 2001 O1-157 29. City of Oroville - Southside Oroville Community Center - Property Covenant - Board approval is requested by the General Services Director for a covenant of purpose, use and ownership between the County and the City of Oroville, for the benefit of the Economic Development Administration, United States Department of Commerce. The agreement is a requirement for the grant funding for the Southside Oroville Community Center, and assures the Economic Development Administration that: the expected life of the project is twenty years; the project will only be used for the purposes specified in the grant agreement and will not be sold, leased, conveyed, encumbered, abandoned or otherwise transferred without prior written consent; if the County does use the project for a non-authorized use or disposes of the property, the Economic Development Agency will be compensated; and, the County agrees the covenant is a reasonable restraint on alienation of use, control, possession of, or title to the project and underlying real property - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL. 30. Applied Testing Consultants, Inc. - Board approval is requested by the General Services Director for an agreement with Applied Testing Consultants, Inc., for the provision of special inspection, testing, and code inspection services during construction of the new Juvenile Hall. The term of the agreement is twelve months from date of commencement, with a maximum amount payable of $46,163 (project budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 31. Air Quality Management District - Clean Air Funds Grant - Board approval is requested by the Library to apply to the Air Quality Management District for $5,000 in grant funds to be utilized for automation of the Bookmobile's holdings - action requested - APPROVE SUBMISSION OF GRANT APPLICATION. 32. California State University, Chico - Amendment - Board approval is requested by the Public works Department for an amendment to the revenue agreement with California State University, Chico, for services in support of the University's No Fare Bus Program. The program allows students, faculty, and staff to ride the Butte County Transit system free of charge, with the University reimbursing the County monthly based on the actual number of riders. The amendment extends the agreement through December 31, 2001, with a maximum amount payable to the County of $18,000 for the period of January 1, 2001, through December 31, 2001 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40046) Page 215 Mav 22, 2001 Mav 22, 2001 01-157 33. Ray Morgan Company - Board approval is requested by the Sheriff's Office for a rental agreement with the Ray Morgan Company for a document imaging system. The term of the agreement is five years, with an annual rental amount of $2,820. Board approval is also requested on a budget transfer of department funds to provide the necessary funding for the agreement - action requested - APPROVE BUDGET TRANSFER B-360; AND APPROVE RENTAL AGREEMENT AND AUTHORIZE THE SHERIFF-CORONER TO SIGN. (Contract No. X12038) 34. Butte County Office of Education - Board approval is requested by the welfare Department for an agreement with the Butte County Office of Education for the provision of the Foster Youth Services Program. The term of the agreement is January 1, 2001, through June 30, 2002, with a maximum amount payable of $38,168 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X12020) 35. Parent Education Network - Amendment - Board approval is requested by the welfare Department for an amendment to the agreement with the Parent Education Network for the provision of the Families in Transition Team Program. The amendment increases the maximum amount payable by $29,600 for fiscal year 2000-2001, and $60,000 for fiscal year 2001-2002, (department budget) to provide for the addition of two In-Home Visitor positions to the program. The term remains March 1, 2001, through June 30, 2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11649) 36. Butte-Glenn Community College District - Board approval is requested by the welfare Department for an agreement with the Butte-Glenn Community College District for the provision of Independent Living Skills Program Enhancement Services. The term of the agreement is October 1, 2000, through June 30, 2002, with a maximum amount payable of $39,994 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 37. Feather River Tribal Health, Inc. - Board approval is requested by the welfare Department for an agreement with Feather River Tribal Health, Inc., for the provision of the Family Health Circle Domestic Violence Treatment and Prevention Project 2001-2002. The term of the agreement is June 1, 2001, through June 30, 2002, with a maximum amount payable of $36,905 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 216 Mav 22, 2001 Mav 22, 2001 01-157 38. Northern Valley Catholic Social Service - Board approval is requested by the welfare Department for an agreement with Northern Valley Catholic Social Service for the provision of the working In Support Everywhere (WISE) Project 2001-2002. The term of the agreement is June 1, 2001, through June 30, 2002, with a maximum amount payable of $87,338 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 39. Chico Urban Area Fire and Rescue Agreement Annual Report - the Fire Department submits the report for Board information - action requested - ACCEPT FOR INFORMATION. 40. Proposition 36 - Substance Abuse and Crime Prevention Act of 2000 - County Plan - Board approval is requested by the Butte County Department of Behavioral Health for a County Plan for implementation of the Proposition 36 Program by July 1, 2001, as required by the State. The program is designed to divert nonviolent persons convicted of drug possession or drug use into treatment and supervision in lieu of incarceration - action requested - ADOPT RESOLUTION O1-152 APPROVING COUNTY PLAN AND AUTHORIZE THE CHAIR TO SIGN. (160) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.05; ITEM 3.06 AMENDED TO REMOVE ANY REFERENCE TO A SPECIFIC MAKE AND MODEL OF VAN; AND THE CAPTION LINE OF ITEM 3.18 IS AMENDED TO READ, "RESOLUTION IN SUPPORT OF WILD GOOSE STORAGE INC., EXPANSION". SUPERVISOR HOUX ABSTAINS FROM THE APPROVAL OF THE MINUTES OF APRIL 24, 2001. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) CHAIR JOSIASSEN REQUESTS THE RECORD SHOW THAT HE WILL ABSTAIN FROM THE APPROVAL OF THE MINUTES OF MAY 8, 2001. Regular A ecr nda CHAIR JOSIASSEN INTRODUCES TOM BUFORD, NEW INTERIM DIRECTOR OF DEVELOPMENT SERVICES. CHIEF SAGER ADDRESSED THE BOARD TO THE FIRE SEASON, AND PROVIDED AN WHICH TOOK PLACE THIS PAST WEEKEND. ANNOUNCE AN EARLY START OF UPDATE OF THE LARKIN FIRE Page 217 Mav 22, 2001 Mav 22, 2001 O1-158 Appointments - Boards, Commissions, and Committees. (533) 1. Appointments to listed vacancies. MOTION: I MOVE TO APPOINT MIKE FELKINS TO A VACATED POSITION ON THE RICHVALE SANITARY DISTRICT BOARD OF DIRECTORS TO A TERM TO END DECEMBER 7, 2001. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 2. National Association of Counties - Alternate Member - consideration of the appointment of a Board alternate - action requested - APPOINT BOARD MEMBER ALTERNATE. MOTION: I MOVE TO APPOINT SUPERVISOR YAMAGUCHI AS BOARD MEMBER ALTERNATE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 01-159 Update on legislative and budget activities. (599) JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THE ASSOCIATION OF BAY AREA GOVERNMENTS, A CONSORTIUM FOR ENERGY PURCHASE, WILL BE DISBANDING. ADDITIONALLY THE PUBLIC UTILITIES COMMISSION APPROVED A RATE INCREASE LAST WEEK, AND THE BOARD WAS INFORMED THAT THE COUNTY IS EXPECTED TO HAVE AN INCREASE IN ENERGY COSTS OF APPROXIMATELY 460. THE BOARD WAS INFORMED THAT PG&E HAS BEEN ORDERED TO PAY BACK TAXES TO COUNTIES. PG&E WILL CONTINUE DISCUSSIONS WITH AFFECTED COUNTIES ON THE ISSUE OF PENALTIES AND INTEREST. THE BOARD WAS ALSO PROVIDED AN UPDATE ON THE MAY REVISE. 1. Resolution in Support of Assembly Bill 1641 (Campbell) - consideration of a resolution of support for Assembly Bill 1641 which would permit county recorders to electronically record certain real property documents - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (792) THE COUNTY CLERK HAS INFORMED THE CHIEF ADMINISTRATIVE OFFICER THAT THE CONTENT OF THE BILL HAS BEEN SUBSTANTIALLY ALTERED FROM ITS INTRODUCTION AND REQUESTED THE ITEM BE REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. O1-160 Reconsideration of Bid Award - reconsideration of the Board's action of May 8, 2001, awarding Bid No. 110-O1, construction of the Southside Oroville Community Center, to Trent Construction of Red Bluff in the amount of $3,463,963 - action requested - AWARD BID AND AUTHORIZE THE CHAIR TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER (FROM 5-8-O1 [3.08]); AND APPROVE BUDGET TRANSFER B-358 (4/5 vote required). (802) Page 218 Mav 22, 2001 Mav 22, 2001 O1-160 MOTION: I MOVE TO AWARD THE BID TO TRENT CONSTRUCTION OF RED BLUFF IN THE AMOUNT OF $3,463,963 AND AUTHORIZE THE CHAIR TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND FURTHER MOVE TO APPROVE BUDGET TRANSFER B-358. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 10:24 A.M. RECONVENE: 10:36 A.M. Public Hearincrs and Timed Items O1-161 Public Hearing - Paradise Evangelical Free Church - Use Permit Appeal - consideration of two appeals: (1) an appeal of the Planning Commission's approval of a Use Permit to allow an athletic field (baseball, soccer, etc.) and restrooms, and a 6,000 square-foot gymnasium with restroom and shower facilities. The gymnasium will also serve as Sunday School rooms; and (2) an appeal of a condition of approval (Condition No. 9) requiring a left turn pocket on Pentz Road. This is a project on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given. The project is proposed to be developed in three phases: Phase 1 - Construction of the athletic field upon approval of the Use Permit; Phase 2 - Restrooms (one to two years after approval of the Use Permit); and Phase 3 - Gymnasium (two to five years after approval of the Use Permit). The athletic field will be used for games held by members of the church and for church league games. The applicant does not propose to allow non-church leagues (such as Paradise Recreation and Park District) or the general public to use the field. The applicant anticipates that the field will be used for organized games three to four times per week. The property is zoned AR-1 (Agricultural Residential - 1 acre parcels), and located on the north side of Safari Lane, on the northwest corner of Pentz Road and Safari Lane, at 5097 Pentz Road, and identified as APN 055-590-083 (SB [File No. UP 01- 15]) - action requested - STAFF RECOMMENDS THE BOARD DENY THE APPEALS AND APPROVE THE PROJECT, AND HAS PROVIDED TWO ALTERNATIVE ACTIONS FOR THE BOARD'S CONSIDERATION: 1. SHOULD THE BOARD CHOOSE TO DENY BOTH APPEALS THE FOLLOWING ACTIONS SHOULD BE TAKEN: A. SUBJECT TO FINDING I(A) AS DETAILED IN THE STAFF REPORT DATED MAY 22, 2001, DENY THE APPEAL OF THE NEARBY LANDOWNER; Page 219 Mav 22, 2001 Mav 22, 2001 O1-161 1. B. SUBJECT TO FINDING II(A) AS DETAILED IN THE STAFF REPORT DATED MAY 22, 2001, DENY THE APPEAL OF THE PROJECT APPLICANT; C. SUBJECT TO FINDINGS III(A-D) AS DETAILED IN THE STAFF REPORT DATED MAY 22, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS WITH THE FOUR MITIGATION MEASURES DETAILED IN THE STAFF REPORT DATED MAY 22, 2001; D. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE AREA SUBJECT TO DEVELOPMENT DOES NOT CONTAIN ANY SIGNIFICANT AMOUNT OF WILDLIFE HABITAT, AND THE UNDEVELOPED AREA ON THE PROJECT SITE THAT CONTAINS EXTENSIVE WILDLIFE HABITAT WILL NOT BE DISTURBED BY THE PROJECT; AND E. SUBJECT TO FINDINGS V(A-C) AS DETAILED IN THE STAFF REPORT DATED MAY 22, 2001, AND THE CONDITIONS OF APPROVAL AS DETAILED IN "EXHIBIT A" OF THE STAFF REPORT DATED MAY 22, 2001, APPROVE USE PERMIT O1-15 FOR THE PARADISE EVANGELICAL FREE CHURCH AND AUTHORIZE THE CHAIR TO SIGN. 2. SHOULD THE BOARD CHOOSE TO UPHOLD THE APPEAL BY THE PROJECT APPLICANT, THE FOLLOWING ACTIONS SHOULD BE TAKEN: A. SUBJECT TO FINDING I(A) AS DETAILED IN THE STAFF REPORT DATED MAY 22, 2001, DENY THE APPEAL OF THE NEARBY LANDOWNER AND UPHOLD THE APPEAL BY THE PROJECT APPLICANT; B. SUBJECT TO FINDINGS II(A-D) AS DETAILED IN THE STAFF REPORT DATED MAY 22, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS, WITH THE FOUR MITIGATION MEASURES DETAILED IN THE STAFF REPORT DATED MAY 22, 2001; C. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE AREA SUBJECT TO DEVELOPMENT DOES NOT CONTAIN ANY SIGNIFICANT AMOUNT OF WILDLIFE HABITAT, AND THE UNDEVELOPED AREA ON THE PROJECT SITE THAT CONTAINS EXTENSIVE WILDLIFE HABITAT WILL NOT BE DISTURBED BY THE PROJECT; AND Page 220 Mav 22, 2001 Mav 22, 2001 O1-161 2. D. SUBJECT TO FINDINGS IV (A-C) AS DETAILED IN THE STAFF REPORT DATED MAY 22, 2001, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MAY 22, 2001, WITH THE DELETION OF CONDITION NO. 9, APPROVE USE PERMIT O1-15 FOR THE PARADISE EVANGELICAL FREE CHURCH AND AUTHORIZE THE CHAIR TO SIGN. (3267)(**00) PUBLIC HEARING FOR THE LANDOWNER APPEAL OPENED: 10:44 A.M. PUBLIC HEARING FOR THE LANDOWNER APPEAL CLOSED: 11:45 A.M. PUBLIC HEARING FOR THE PROJECT APPLICANT OPENED: 11:54 A.M. PUBLIC HEARING FOR THE PROJECT APPLICANT CLOSED: 12:05 P.M. MOTION: SUBJECT TO FINDING I(A) AS DETAILED IN THE STAFF REPORT DATED MAY 22, 2001, I MOVE TO DENY THE APPEAL OF THE NEARBY LANDOWNER; SUBJECT TO FINDING II (A) AS DETAILED IN THE STAFF REPORT DATED MAY 2 2 , 2 0 O l , I MOVE TO DENY THE APPEAL OF THE PROJECT APPLICANT; SUBJECT TO FINDINGS III(A-D) AS DETAILED IN THE STAFF REPORT DATED MAY 22, 2001, I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS WITH THE FOUR MITIGATION MEASURES DETAILED IN THE STAFF REPORT DATED MAY 22, 2001; FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE AREA SUBJECT TO DEVELOPMENT DOES NOT CONTAIN ANY SIGNIFICANT AMOUNT OF WILDLIFE HABITAT, AND THE UNDEVELOPED AREA ON THE PROJECT SITE THAT CONTAINS EXTENSIVE WILDLIFE HABITAT WILL NOT BE DISTURBED BY THE PROJECT; AND SUBJECT TO FINDINGS V(A-C) AS DETAILED IN THE STAFF REPORT DATED MAY 22, 2001, AND THE CONDITIONS OF APPROVAL AS DETAILED IN "EXHIBIT A" OF THE STAFF REPORT DATED MAY 22, 2001, FURTHER MOVE TO APPROVE USE PERMIT O1-15 FOR THE PARADISE EVANGELICAL FREE CHURCH AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) CHAIR JOSIASSEN OFFERED TO HOST A MEETING FOR PROPERTY OWNERS AND THE CHURCH TO HELP FACILITATE COMMUNICATIONS ABOUT POSSIBLE MITIGATIONS OF IMPACTS TO THE SURROUNDING NEIGHBORS. SUPERVISOR YAMAGUCHI OFFERED TO ASSIST WITH THIS MEETING. Page 221 Mav 22, 2001 Mav 22, 2001 O1-162 CLOSED SESSION: THE BOARD RECESSED AT 12:10 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 94956.9(a) REQUEST AUTHORIZATION TO JOIN AMICUS CURIAE IN THE CASE OF INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 3, AFL-CIO VS. COUNTY OF SANTA CRUZ AT THE TRIAL LEVEL AND APPELLATE LEVEL; CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) TWO POTENTIAL CASES; CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE GRAVETTE AND WILLIAM AVERY; EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT); COMMUNICATION WORKERS OF AMERICA (SOCIAL SERVICES WORKERS' UNIT); BUTTE COUNTY PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY DEPUTY SHERIFFS' ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT); PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR OF CHILD SUPPORT SERVICES; PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: COUNTY COUNSEL; CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY: 6626 SKYWAY, PARADISE; AGENCY NEGOTIATOR: JOHN BLACKLOCK; NEGOTIATING PARTIES: COUNTY OF BUTTE AND PARADISE RECREATION AND PARK DISTRICT; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. (**3535) (***00) Page 222 Mav 22, 2001 Mav 22, 2001 O1-162 RECONVENE: THE BOARD RECONVENED AT 1:45 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 94956.9(a) REQUEST AUTHORIZATION TO JOIN AMICUS CURIAE IN THE CASE OF INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 3, AFL-CIO VS. COUNTY OF SANTA CRUZ AT THE TRIAL LEVEL AND APPELLATE LEVEL; CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) TWO POTENTIAL CASES; CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE GRAVETTE AND WILLIAM AVERY; EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT); COMMUNICATION WORKERS OF AMERICA (SOCIAL SERVICES WORKERS' UNIT); BUTTE COUNTY PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY DEPUTY SHERIFFS' ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT); PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR OF CHILD SUPPORT SERVICES; PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: COUNTY COUNSEL; CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY: 6626 SKYWAY, PARADISE; AGENCY NEGOTIATOR: JOHN BLACKLOCK; NEGOTIATING PARTIES: COUNTY OF BUTTE AND PARADISE RECREATION AND PARK DISTRICT; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. (***33) (NO ANNOUCEMENTS) Public Hearincr and Timed Items O1-163 Continued Public Hearing - Supervisorial Redistricting - consideration of the establishment of criteria for development of new supervisorial boundary lines, and receipt of input from the public - action requested - SUBMIT WRITTEN OR ORAL BOARD MEMBER REDISTRICTING SUGGESTIONS; ADOPT CRITERIA. (FROM 5-8-O1 [5.03] ) (***58) PUBLIC HEARING RECONVENED: 1:47 P.M. PUBLIC HEARING CLOSED: 2:15 P.M. Page 223 Mav 22, 2001 Mav 22, 2001 O1-163 MOTION: I MOVE TO ACCEPT THE REDISTRICTING PLAN FOR THE GENERAL POLICY CRITERIA, AND THE SUGGESTED TENTATIVE TIME LINE; ALSO MOVE TO CHANGE THE TIME LINE TO ADD A WORKSHOP ON JUNE 12, 2001, AT 1:30 P.M., IN THE BOARD ROOM, FOR THE PURPOSE OF DEMONSTRATING THE G.I.S. SYSTEM FOR REDISTRICTING. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda O1-164 Butte County Business Retention and Expansion Study - presentation to the Board of the Butte County Business Retention and Expansion Study project - action requested - ACCEPT FOR INFORMATION; PROVIDE INPUT AS REQUESTED; AND DIRECT STAFF TO PROCEED WITH STUDY. (***764) MOTION: I MOVE TO ACCEPT THIS FOR INFORMATION, AND DIRECT STAFF TO PROCEED WITH STUDY. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-165 Elected Department Head Presentation - Treasurer-Tax Collector - presentation to the Board - action requested - ACCEPT FOR INFORMATION. (***1035) THE TREASURER-TAX COLLECTOR REQUESTED THIS ITEM BE MOVED TO THE AGENDA OF JUNE 12, 2001, AS HE WAS UNABLE TO ATTEND THE MEETING. 01-166 Elected Department Head Presentation - Sheriff-Coroner - presentation to the Board - action requested - ACCEPT FOR INFORMATION. (***1060) PRESENTATION TO THE BOARD BY SCOTT MACKENZIE, SHERIFF-CORONER. O1-167 Introduction of a Salary Ordinance Amendment - Supervisor Yamaguchi and the Sheriff-Coroner are requesting the Board approve a salary ordinance amendment which would delete the vacant position of Crime Prevention Coordinator, and create the position of Crime Prevention Coordinator/Public Information Officer ($15.55 - $18.90). The Sheriff's Office is proposing to utilize salary savings to fund the position through the remainder of this fiscal year - action requested - WAIVE READING OF THE ORDINANCE. (***2265)(****00) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE. M S VOTE: l Y 2 Y 3 NV 4 Y 5 Y (Motion Carried) RECESS RECONVENE 3:15 P.M. 3:20 P.M. Page 224 Mav 22, 2001 Mav 22, 2001 Regular Agenda 01-168 Draft waste Service Agreements - consideration of a draft waste service agreement for local waste haulers - action requested - APPROVE THE DRAFT AGREEMENT AND DIRECT THE PUBLIC WORKS DEPARTMENT TO USE THE APPROVED DRAFT AS THE BASIS FOR NEGOTIATIONS WITH THE WASTE HAULERS, AND WORKING WITH THE SOLID WASTE COMMITTEE AND THE CONSULTANT, TO NEGOTIATE A PROPOSED AGREEMENT FOR CONSIDERATION BY THE BOARD. (****289) MOTION: I MOVE TO APPROVE THE DRAFT AGREEMENT AND DIRECT THE PUBLIC WORKS DEPARTMENT TO USE THE APPROVED DRAFT AS THE BASIS FOR NEGOTIATIONS WITH THE WASTE HAULERS, AND WORKING WITH THE SOLID WASTE COMMITTEE AND THE CONSULTANT, TO NEGOTIATE A PROPOSED AGREEMENT FOR CONSIDERATION BY THIS BOARD. S M VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried) 01-169 A Matter on which a Public Hearing Has Been Held and Motion of Intent Adopted - General Plan Amendment and Rezone for the Area in and Around the Sphere of Influence for the City of Gridley - consideration of the actions needed to implement the Motion of Intent passed by the Board on May 8, 2001 - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS III A(1-5) AS DETAILED IN THE STAFF REPORT DATED MAY 8, 2001, ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.3, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED STATES FISH AND WILDLIFE SERVICES; 3. SUBJECT TO FINDINGS III C(1-3) AS DETAILED IN THE STAFF REPORT DATED MAY 8, 2001, ADOPT A RESOLUTION AMENDING THE BUTTE COUNTY GENERAL PLAN AND AUTHORIZE THE CHAIR TO SIGN; AND 4. SUBJECT TO FINDINGS III D(1-4) AS DETAILED IN THE STAFF REPORT DATED MAY 8, 2001, ADOPT AN ORDINANCE REZONING AREAS IN AND AROUND THE GRIDLEY SPHERE OF INFLUENCE AS DETAILED IN THE STAFF REPORT MAY 8, 2001, AND AUTHORIZE THE CHAIR TO SIGN. (FILE NO. CBS [GPA O1-02]/FROM 5-8-O1 [5.02]) (****2868) (*****00) Page 225 Mav 22, 2001 Mav 22, 2001 O1-169 MOTION: SUBJECT TO FINDINGS III A(1-5) AS DETAILED IN THE STAFF REPORT DATED MAY 8, 2001, I MOVE TO ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.3, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED STATES FISH AND WILDLIFE SERVICES; SUBJECT TO FINDINGS III C(1-3) AS DETAILED IN THE STAFF REPORT DATED MAY 8, 2001, MOVE TO ADOPT RESOLUTION O1-053 AMENDING THE BUTTE COUNTY GENERAL PLAN AND AUTHORIZE THE CHAIR TO SIGN; AND SUBJECT TO FINDINGS III D(1-4) AS DETAILED IN THE STAFF REPORT DATED MAY 8, 2001, FURTHER MOVE TO ADOPT ORDINANCE 3723 REZONING AREAS IN AND AROUND THE GRIDLEY SPHERE OF INFLUENCE AS DETAILED IN THE STAFF REPORT MAY 8, 2001, AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 01-169 Matters on which Public Hearings Have Been Held and Motions of Intent Have Been Adopted - Joint Actions and Resolution Amending the Butte County General Plan - Russell General Plan Amendment (GPA Ol-Ol); Mooretown Rancheria General Plan Amendment and Rezone (GPA/RZ 99-03); Schuster General Plan Amendment and Rezone (GPA/RZ O1-05) and Tentative Subdivision Map (APL 01-06, TSM 00-03) - consideration of the actions needed to implement the Motions of Intent passed by the Board on February 27, 2001, March 13, 2001, and March 27, 2001 - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. RUSSELL GENERAL PLAN AMENDMENT (GPA Ol-Ol) A. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; Page 226 Mav 22, 2001 Mav 22, 2001 O1-169 1. B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; C. SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, FIND THE GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; D. SUBJECT TO FINDINGS IV (A-D) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A JOINT RESOLUTION AMENDING THE GENERAL PLAN FROM GRAZING AND OPEN LAND TO AGRICULTURAL-RESIDENTIAL, ON PROPERTY IDENTIFIED AS A 25-ACRE PORTION OF APN 073-110-036, PLANNING DIVISION FILE GPA Ol-Ol AND AUTHORIZE THE CHAIR TO SIGN; 2. MOORETOWN RANCHERIA GENERAL PLAN AMENDMENT AND REZONE (GPA/RZ 99-03) A. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; Page 227 Mav 22, 2001 Mav 22, 2001 O1-169 2. B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE A "DE MINIMUS" EXEMPTION TO THE PAYMENT OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; C. SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; D. SUBJECT TO FINDINGS IV(A-G) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A JOINT RESOLUTION AMENDING THE GENERAL PLAN FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL, AND ADOPT AN ORDINANCE REZONING PROPERTY IDENTIFIED AS A 5.45 ACRE PORTION OF APN 036-310-162 FROM AR (AGRICULTURAL RESIDENTIAL) TO C-1 (LIGHT COMMERCIAL) SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT "A" IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, AND AUTHORIZE THE CHAIR TO SIGN; 3. STEPHEN J. SCHUSTER GENERAL PLAN AMENDMENT, REZONE, AND TENTATIVE SUBDIVISION MAP (GPA/RZ O1-05) AND (APL O1-06, TSM 00-03) A. SUBJECT TO FINDINGS I(A-F) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; Page 228 Mav 22, 2001 Mav 22, 2001 O1-169 3. B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; C. APPROVE FINDINGS SUPPORTING AN OVERRIDE OF THE AIRPORT LAND USE COMMISSION'S FINDINGS OF INCONSISTENCY OF TSM-00-03 AND GPA/RZ 00-05 WITH THE 1978 CHICO MUNICIPAL AIRPORT ENVIRONS PLAN, AS AMENDED OCTOBER 21, 1998, AND DECEMBER 29, 1999, AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001 (4/5 vote required). THE BOARD HEREBY MAKES THE FINDINGS REQUIRED BY PUBLIC UTILITIES CODE SECTIONS 21670 AND 21676, AS SUPPORTED BY THOSE SPECIFIC FINDINGS SET FORTH IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, WHICH FINDINGS ARE INCORPORATED HEREIN AND SUPPORT THE CONCLUSION THAT APPROVAL OF THE SCHUSTER GENERAL PLAN AMENDMENT, REZONE, AND TENTATIVE SUBDIVISION MAP (SCHUSTER PROJECT), AS DESIGNATED AND CONDITIONED, WILL NOT CREATE ANY NEW NOISE AND SAFETY PROBLEMS NEAR THE CHICO MUNICIPAL AIRPORT. FURTHERMORE, THE APPROVAL OF THE SCHUSTER PROJECT, AS CONDITIONED, INCLUDES LAND USE MEASURES THAT MINIMIZE THE PUBLIC'S EXPOSURE TO EXCESSIVE NOISE, OVERFLIGHT AND SAFETY HAZARDS AND PROVIDE AIRSPACE PROTECTION. THESE CONCLUSIONS ARE SUPPORTED BY THE DETAILED INFORMATION CONTAINED IN THE ADMINISTRATIVE RECORD. THEREFORE, THE APPROVAL OF THE SCHUSTER PROJECT IS CONSISTENT WITH THE PURPOSES OF ARTICLE 3.5 OF CHAPTER 4 OF PART I OF DIVISION 9 OF THE PUBLIC UTILITIES CODE, AS STATED IN PUBLIC UTILITIES CODE SECTION 21670. Page 229 Mav 22, 2001 Mav 22, 2001 O1-169 3. D. SUBJECT TO FINDINGS IV (A-D) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; E. SUBJECT TO FINDINGS V(Al-7) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT AN ORDINANCE REZONING FROM P-Q (PUBLIC, QUASI-PUBLIC) TO SR-1 (SUBURBAN RESIDENTIAL - 1 ACRE PARCELS); OS (OPEN SPACE) TO P-Q; AND SR-1 TO P-Q, AND ADOPT A RESOLUTION AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN FROM "PUBLIC" TO "AGRICULTURAL RESIDENTIAL", AND FROM "OPEN SPACE" TO "PUBLIC" AND "AGRICULTURAL RESIDENTIAL" TO "PUBLIC", PROPERTY IDENTIFIED AS A 5-ACRE PORTION OF APN 047-350-130, AND A 6.71 ACRE PORTION OF APN 047-350-015, SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT "B" IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, AND AUTHORIZE THE CHAIR TO SIGN; F. SUBJECT TO FINDINGS VI (A-F) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A JOINT RESOLUTION AMENDING THE GENERAL PLAN BY AMENDING THE NORTH CHICO SPECIFIC PLAN FIGURES 5-1 PARKS AND OPEN SPACE, 6-3 DRAINAGE CONCEPT, AND FIGURE 3-1 LAND USE MAP, IN ACCORDANCE WITH THE ACTIONS CONTAINED IN ACTION "E" LISTED ABOVE, ON PROPERTY IDENTIFIED AS A 5-ACRE PORTION OF APN 047- 350-130, AND A 6.71 ACRE PORTION OF APN 047-350-015, AND AUTHORIZE THE CHAIR TO SIGN; G. SUBJECT TO FINDINGS VII(A-D) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, UPHOLD THE APPEAL, AND APPROVE TENTATIVE SUBDIVISION MAP 00-03, FOR STEPHEN J. SCHUSTER, SUBJECT TO THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE JOINT ACTIONS PREPARED FOR MAY 8, 2001. (FROM 5-8-O1 [4.10] ) (****2868) (*****00) MOTION: WITH REGARDS TO THE RUSSELL GENERAL PLAN AMENDMENT (GPA Ol-Ol): SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, I MOVE TO ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED STATES FISH AND WILDLIFE SERVICE. Page 230 Mav 22, 2001 Mav 22, 2001 O1-169 MOTION: THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT (Cont.) ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8 , 2 0 01, FIND THE GENERAL PLAN AMENDMENT I S IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; SUBJECT TO FINDINGS IV (A-D) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, MOVE TO ADOPT JOINT RESOLUTION O1-054 AMENDING THE GENERAL PLAN FROM GRAZING AND OPEN LAND TO AGRICULTURAL- RESIDENTIAL, ON PROPERTY IDENTIFIED AS A 25-ACRE PORTION OF APN 073-110-036, PLANNING DIVISION FILE GPA Ol-Ol AND AUTHORIZE THE CHAIR TO SIGN. WITH REGARDS TO THE MOORETOWN RANCHERIA GENERAL PLAN AMENDMENT AND REZONE (GPA/RZ 99-03) SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE A "DE MINIMUS" EXEMPTION TO THE PAYMENT OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; Page 231 Mav 22, 2001 Mav 22, 2001 O1-169 MOTION: SUBJECT TO FINDINGS IV (A-G) AS DETAILED IN THE JOINT (CONT.) ACTIONS PREPARED FOR MAY 8, 2001, MOVE TO ADOPT JOINT RESOLUTION O1-054 AMENDING THE GENERAL PLAN FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL, AND MOVE TO ADOPT ORDINANCE 3724 REZONING PROPERTY IDENTIFIED AS A 5.45 ACRE PORTION OF APN 036-310-162 FROM AR (AGRICULTURAL RESIDENTIAL) TO C-1 (LIGHT COMMERCIAL) SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT "A" IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, AND AUTHORIZE THE CHAIR TO SIGN. WITH REGARDS TO THE STEPHEN J. SCHUSTER GENERAL PLAN AMENDMENT, REZONE, AND TENTATIVE SUBDIVISION MAP (GPA/RZ O1-05) AND (APL O1-06, TSM 00-03) SUBJECT TO FINDINGS I(A-F) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; APPROVE FINDINGS SUPPORTING AN OVERRIDE OF THE AIRPORT LAND USE COMMISSION'S FINDINGS OF INCONSISTENCY OF TSM-00-03 AND GPA/RZ 00-05 WITH THE 1978 CHICO MUNICIPAL AIRPORT ENVIRONS PLAN, AS AMENDED OCTOBER 21, 1998, AND DECEMBER 29, 1999, AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001. THE BOARD HEREBY MAKES THE FINDINGS REQUIRED BY PUBLIC UTILITIES CODE SECTIONS 21670 AND 21676, AS SUPPORTED BY THOSE SPECIFIC FINDINGS SET FORTH IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, WHICH FINDINGS ARE INCORPORATED HEREIN AND SUPPORT THE CONCLUSION THAT APPROVAL OF THE SCHUSTER GENERAL PLAN AMENDMENT, REZONE, AND TENTATIVE SUBDIVISION MAP (SCHUSTER PROJECT), AS DESIGNATED AND CONDITIONED, WILL NOT CREATE ANY NEW NOISE AND SAFETY PROBLEMS NEAR THE CHICO MUNICIPAL AIRPORT. FURTHERMORE, THE APPROVAL OF THE SCHUSTER PROJECT, AS CONDITIONED, INCLUDES LAND USE MEASURES THAT MINIMIZE THE PUBLIC'S EXPOSURE TO EXCESSIVE NOISE, OVERFLIGHT AND SAFETY HAZARDS AND PROVIDE AIRSPACE PROTECTION. Page 232 Mav 22, 2001 Mav 22, 2001 O1-169 MOTION: THESE CONCLUSIONS ARE SUPPORTED BY THE DETAILED (CONT.) INFORMATION CONTAINED IN THE ADMINISTRATIVE RECORD. THEREFORE, THE APPROVAL OF THE SCHUSTER PROJECT IS CONSISTENT WITH THE PURPOSES OF ARTICLE 3.5 OF CHAPTER 4 OF PART I OF DIVISION 9 OF THE PUBLIC UTILITIES CODE, AS STATED IN PUBLIC UTILITIES CODE SECTION 21670; SUBJECT TO FINDINGS IV (A-D) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; SUBJECT TO FINDINGS V(Al-7) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, MOVE TO ADOPT ORDINANCE 3725 REZONING FROM P-Q (PUBLIC, QUASI-PUBLIC) TO SR-1 (SUBURBAN RESIDENTIAL - 1 ACRE PARCELS); OS (OPEN SPACE) TO P-Q; AND SR-1 TO P-Q, AND ADOPT JOINT RESOLUTION 01- 054 AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN FROM "PUBLIC" TO "AGRICULTURAL RESIDENTIAL", AND FROM "OPEN SPACE" TO "PUBLIC" AND "AGRICULTURAL RESIDENTIAL" TO "PUBLIC", PROPERTY IDENTIFIED AS A 5-ACRE PORTION OF APN 047-350-130, AND A 6.71 ACRE PORTION OF APN 047-350- 015, SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT "B" IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, AND AUTHORIZE THE CHAIR TO SIGN; SUBJECT TO FINDINGS VI(A-F) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT JOINT RESOLUTION O1-054 AMENDING THE GENERAL PLAN BY AMENDING THE NORTH CHICO SPECIFIC PLAN FIGURES 5-1 PARKS AND OPEN SPACE, 6-3 DRAINAGE CONCEPT, AND FIGURE 3-1 LAND USE MAP, IN ACCORDANCE WITH THE ACTIONS CONTAINED IN ACTION "E" LISTED ABOVE, ON PROPERTY IDENTIFIED AS A 5-ACRE PORTION OF APN 047-350-130, AND A 6.71 ACRE PORTION OF APN 047- 350-015, AND AUTHORIZE THE CHAIR TO SIGN; AND SUBJECT TO FINDINGS VII(A-D) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, FURTHER MOVE TO UPHOLD THE APPEAL, AND APPROVE TENTATIVE SUBDIVISION MAP 00-03, FOR STEPHEN J. SCHUSTER, SUBJECT TO THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE JOINT ACTIONS PREPARED FOR MAY 8, 2001. M S VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried) O1-170 Chief Administrative Officer Recruitment - consideration of draft brochure for the pending recruitment of the Chief Administrative Officer position - action requested - REVIEW AND PROVIDE SUGGESTIONS FOR FINAL CHANGES TO BE INCORPORATED INTO THE DOCUMENT. (*****1317) MOTION: I MOVE TO ACCEPT THE RECRUITMENT FLYER AS DRAFTED. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 233 Mav 22, 2001 Mav 22, 2001 O1-171 Items removed from the Consent Agenda for Board consideration and action. (*****1458) 1. Fairway Oaks Subdivision - Final Map - APN 040-050-054 and 068, creating 20 lots located south of the City of Chico at Butte Creek Country Club between State Highway 99 and Oroville Chico Highway. The developer has provided an Irrevocable Letter of Credit to guarantee construction of the required road, drainage, fire protection and sewer facilities within one year. The Fire Department has requested the developer enter into a Fire Protection water System Maintenance Agreement to ensure the continued operation and maintenance of the fire protection system - action requested - APPROVE FINAL MAP; ACCEPT THAT PORTION OF OROVILLE CHICO HIGHWAY AS OFFERED FOR DEDICATION IN FEE SIMPLE TO THE COUNTY OF BUTTE IN ITEM 1 OF THE OWNER'S STATEMENT; ACCEPT THE RELINQUISHMENT OF ABUTTER'S RIGHTS ALONG OROVILLE CHICO HIGHWAY THAT FRONTS ON LOT 22 AS OFFERED FOR DEDICATION TO THE COUNTY OF BUTTE IN ITEM 2 OF THE OWNER'S STATEMENT; ACCEPT THAT PORTION OF LOS CABOS DRIVE AS OFFERED FOR DEDICATION IN FEE SIMPLE TO THE COUNTY OF BUTTE IN ITEM 3 OF THE OWNER'S STATEMENT. ACCEPT THOSE EASEMENTS FOR PUBLIC SERVICE PURPOSES AS OFFERED IN ITEMS 4 , 5 , AND 6 OF THE OWNER' S STATEMENT ON BEHALF OF THE ENTITIES NAMED. NOTE THAT THE "FUTURE ROAD" AS OFFERED FOR DEDICATION IN ITEM 7 OF THE OWNER'S STATEMENT IS NOT ACCEPTED AT THIS TIME; ACCEPT ITEMS "A" THROUGH "E" OF THE OWNER'S STATEMENT ON BEHALF OF THE FAIRWAY OAKS HOMEOWNER'S ASSOCIATION; AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT AND THE FIRE PROTECTION WATER SYSTEM MAINTENANCE AGREEMENT. (FROM 5-8-O1 [3.05]) MOTION: I MOVE TO APPROVE THE FINAL MAP; ACCEPT THAT PORTION OF OROVILLE CHICO HIGHWAY AS OFFERED FOR DEDICATION IN FEE SIMPLE TO THE COUNTY OF BUTTE IN ITEM 1 OF THE OWNER'S STATEMENT; ACCEPT THE RELINQUISHMENT OF ABUTTER'S RIGHTS ALONG OROVILLE CHICO HIGHWAY THAT FRONTS ON LOT 22 AS OFFERED FOR DEDICATION TO THE COUNTY OF BUTTE IN ITEM 2 OF THE OWNER'S STATEMENT; ACCEPT THAT PORTION OF LOS CABOS DRIVE AS OFFERED FOR DEDICATION IN FEE SIMPLE TO THE COUNTY OF BUTTE IN ITEM 3 OF THE OWNER'S STATEMENT. ACCEPT THOSE EASEMENTS FOR PUBLIC SERVICE PURPOSES AS OFFERED IN ITEMS 4, 5, AND 6 OF THE OWNER'S STATEMENT ON BEHALF OF THE ENTITIES NAMED. NOTE THAT THE "FUTURE ROAD" AS OFFERED FOR DEDICATION IN ITEM 7 OF THE OWNER'S STATEMENT IS NOT ACCEPTED AT THIS TIME; ACCEPT ITEMS "A" THROUGH "E" OF THE OWNER'S STATEMENT ON BEHALF OF THE FAIRWAY OAKS HOMEOWNER'S ASSOCIATION; AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT AND THE FIRE PROTECTION WATER SYSTEM MAINTENANCE AGREEMENT. S M VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried) Page 234 Mav 22, 2001 Mav 22, 2001 O1-171 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) (*****1693) 1. EVERETT JOHNSTON ADDRESSED THE BOARD REGARDING A CLAIM AGAINST THE COUNTY OF BUTTE, AND ACTIONS BY THE DISTRICT ATTORNEY. 2. MARK JOHNSTON ADDRESSED THE BOARD TO CHALLENGE THE SOLVENCY OF THE COUNTY OF BUTTE, AND TO DISCUSS HIS LEGAL CLAIM "DISTRESS" FILED AGAINST THE COUNTY OF BUTTE. O1-172 CLOSED SESSION: THE BOARD RECESSED AT 5:59 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 94956.9(a) REQUEST AUTHORIZATION TO JOIN AMICUS CURIAE IN THE CASE OF INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 3, AFL-CIO VS. COUNTY OF SANTA CRUZ AT THE TRIAL LEVEL AND APPELLATE LEVEL; CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) TWO POTENTIAL CASES; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: COUNTY COUNSEL. (*****3079) RECONVENE: THE BOARD RECONVENED AT 6:29 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 94956.9(a) REQUEST AUTHORIZATION TO JOIN AMICUS CURIAE IN THE CASE OF INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 3, AFL-CIO VS. COUNTY OF SANTA CRUZ AT THE TRIAL LEVEL AND APPELLATE LEVEL; CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) TWO POTENTIAL CASES; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: COUNTY COUNSEL. (*****3084) (NO ANNOUCEMENTS) Page 235 Mav 22, 2001 Mav 22, 2001 Communications O1-173 Communications received and referred. (A LISTING AND COPIES OF COMMUNICATIONS RECEIVED BY THE BOARD IN ADDITION TO THOSE LISTED BELOW ARE AVAILABLE IN THE CLERK OF THE BOARD' S OFFICE . ) 1. Greg Webb, Chairman, Building Industry Association of Superior California, writes the Board regarding the Airport Land Use Commissions' adopted 2000 Comprehensive Land Use Plan (CLUP), and recommends the Board consider overriding the CLUP on lands near the Chico Municipal Airport. (REFERRED TO BOARD, CHIEF ADMINISTRATIVE OFFICER, AND DEVELOPMENT SERVICES [5-4-O1]) 2. Susan Ritchie, Vice President, Government Affairs, AT&T Broadband, writes the Board to give notice that effective June 1, 2001, AT&T Broadband will reduce the administrative fee for late payments from $4.75 to $4.51 plus applicable franchise fees. ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 6:30 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, JUNE 12, 2001. CURT JOSIASSEN, CHAIR ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of the Board of Supervisors By. Page 236 Mav 22, 2001