Loading...
HomeMy WebLinkAboutM071288July 12 ~„ 1988 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oraville. Present: Supervisors Dolan, Fulton, McLaughlin and Chairman McInturf. Martin J. Nichols, chief administrative officer; Susan Roff, county counsel; and Carol Roach, assistant clerk of the Board. Absent; Supervisor Vercruse. Pledge of allegiance to the Flag of the United States of America. 88-369 Items removed from the Consent Agenda for Board consideration and action. 1. Approval of minutes - action requested -APPROVE MINUTES OP JUNE 21, 1988. 2. Amendment 1 -Northwest SPCA animal control agreement -the amendment deletes the requirement fog two animal shelters in Butte County - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. (CONTINUED UNTIL LATER IN MEETING.} Cansent Agenda_ 88-370 1. Approval of minutes - action requested - APPROVE MINUTES OF JUNE 28, 1988. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-268 {VICTIM WITNESS PROGRAM} AND 8-269 {PROBATION}. 3. County library donations -- in accordance with Government Code Section 25355, donations have been received for the Butte County Library Trust for the Chico branch in the amount of $23.3.40 - action requested -ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. County library donation - in accordance with Government Code Section 25355, a donation has been received for the Butte County Library Trust from Golden Rivers Association far the Education of Young Children in the amount of $100.40 - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. Page 191 July 12, 1988 July 1~ 1988 5. Appointments to Upham Cemetery District - action requested -~ REAPPOINT PATRICIA PHILPOTT AND JUNE BEADLES, AND APPOINT DONALD MATSON TO SERVE UNTIL JULY 1, 1992. 6. William L. Cross, Oroville -files a claim in the amount of X10,000 as a result of alleged damages sustained on or about June 7, 1988 alleging he was deprived of his right to vote by secret ballot -action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 7. Finance system data communications -- following acceptance of Hewlett Packard`s proposal to provide the finance system hardware, and during contract negotiations, it was determined that the data communications portion of the hardware could be provided by Facific 8e11 at a substantially reduced initial cost and annual maintenance cost - action requested - AUTHORIZE THE CHIEF ADMINISTRAfiiVE OFFICER TO SIGN THE FINANCE SYSTEM DATA COMMUNICATIONS CONTRACT WITH PACIFIC BELL. 8. Reissuance of warrant - Plez Middleton - action requested - AUTHORIZE REISSUANCE OF WARRANT 56346 DATED MAY 26, 1983 IN fiHE AMOUNT OF $162.25. 9. Property tax agreement - North Burbank Public Utility District - a resolution has been prepared approving an agreement between the district and county regarding the exchange of property tax revenues related to the Villa Verona II annexation which indicates that no property tax exchange will occur -action requested -- ADOPT RESOLUTION 8$-104 APPROVING THE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 10. Property tax exchange agreements - the Town of Paradise has approved the simultaneous annexation to the town and to the Paradise Irrigation District of the Phillips/Edwards and Gross/Ralston properties, a total of 8.88 acres. A resolution has been prepared agreeing to a property tax split with the town of 56/44 percent, with the town receiving a larger portion of the property tax. A resolution and an agreement has also been prepared with the Paradise Irrigation District wherein the district will nat receive property tax for the annexation -~ action requested -ADOPT RESOLUTIONS 88-105 AND 88-106 AND AUTHORIZE THE CHAIRMAN TO SIGN, AND APPROVE CONTRACT WITH PARADISE IRRIGATION DISTRICfi AND AUTHORIZE THE CHAIRMAN TO SIGN. 11. Contract change order No. 1 - Cox Lane Bridge across Wyman Ravine, project No. 10443-84-1 - CCO #1 in the decreasing amount of $69.12 provides for changing the curing compound to be used on the concrete deck - action requested --.APPROVE CHANGE ORDER AND AUTHORIZE THE CHAIRMAN TO SIGN. Fage 192 July 12, 1988 Ju1Y ~~ 1988 12. Contract change order Na. 1 - Ophir Road extension, project No. 21461-84--1 - CCO #3. in the decreasing amount of 5170,50 provides for changing the curing compound to be used on the concrete deck - action requested - APPROVE CHANGE ORDER AND AUTHORIZE THE CHAIRMAN TO SIGN. 13. Butte County Fair Association workmen's compensation insurance - a resolution has been prepared approving a joint powers agreement with the California Fairs Insurance Authority which will enable the Butte County Fair Association to obtain workmen's compensation -action requested -ADOPT RESOLUTION 88-107 APPROVING JOINT POWERS AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR. 14. Alternative 90/4© maintenance program -- a computer equipment master maintenance agreement has been prepared with U. S. Counseling Services, inc. providing for maintenance insurance on the UNISYS 90/40 computer and associated peripherals. including the CARE 1900 data enter machine at an annual cost of $93,473 - action requested -- APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 15. Northern California Emergency Medical Services, Inc. contract amendment - the amendment is to the existing agreement authorizing Northern California Emergency Medical Services to designate a trauma center and extends it for a period of three months at no cost to the county - action requested -APPROVE AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 16. Maternal and child health funding application - an application has been prepared for submittal to the State Department of Health Services in the amount of $29,500 to provide perinatal related services - action requested - APPROVE SUBMISSION OF THE 1988-89 MATERNAL AND CHILD HEALTH FUNDING APPLICATION TO THE STATE. 17. Amendment 1 - 1987-88 California Youth Authority contract - an amendment has been prepared to contract No. 99-87 increasing the contract by $3,500 to cover operating expenses in the juvenile hall - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 18. 1988-59 California Youth Authority contract - contract No. 4b-88 has been prepared to cover operation of the Butte County Regional Center at the juvenile hall for Youth Authority wards. The contract is in the amount of $200,574 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 193 July 12, 1988 Ju~.y 1~ 1988 19. AB 377 grant proposal - a letter of support has been prepared for submission to the State Department of Mental Health for a funding proposal which, if approved, would bring approximately $75©,000 in additional state funding to the county to address the needs of seriously emotionally disturbed children and youth - action requested -AUTHORIZE THE CHAIRMAN TO SIGN A LETTER OF SUPPORT FOR THE AB 377 GRANT PROPOSAL. 20. Child abuse prevention, intervention and treatment grant - an agreement has been prepared with the State Department of Social Services for $94,595 for each of the next three fiscal years in order to provide private child abuse and neglect prevention and intervention programs pursuant to Welfare and Institutions Code Sections 18952 and 18953 - action requested -APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN, AUTHORIZE THE CHAIRMAN TO SIGN EXHIBIT E (ALTERNATE SIGNATURE DESIGNATION FOR INVOICE PURPOSES}, AND DESIGNATE PROGRAM MANAGER JEFF FONTANA AS THE COUNTY CONTACT. 21. Amendment to conflict of interest code ~- Butte County Superintendent of Schools -the office submits a revised amendment "A" to their code designating employees who must file disclosure statements - action requested - APPROVE AMENDMENT TO CONFLICT OF INTEREST CODE. MOTION: MOVE TO APPROVE CONSENT AGENDA WITH REMOVAL OF MINUTES OF JUNE 21, 1988 AND ITEM 3.15. M S VOTE: l Y 2 Y 3 AB 4 Y 5 Y (Unanimously carried} Regular Agenda 88-371 Items removed from the Consent Agenda for Board consideration and action. 1. Approval of minutes of June 21, 1988 -action requested - APPROVE MINUTES OF JUNE 21, 1988. MOTION: MOVE TO APPROVE MINUTES OF JUNE 21, 1988. M S VOTE: 1 NV 2 Y 3 AB 4 Y 5 Y (Motion carried} 88-372 Introduction by Chairman Mclnturf of Mark DiSio, reporter for the Oroville Mercury newspaper who is leaving for a new position in Redding. (SUPERVISOR VERCRUSE PRESENT} Page 194 July 12, 1988 July 12~ 1988 88-373 Appointments - commissions and committees. (72} a. Appointments to Grading Ordinance Review Committee. (NONE) b. Appointments to committee vacancies. (NONE) 88-374 Open hearing - Special District Augmentation Fund in the estimated amount of 51,1.70,000 for 1988-89, (106) (SPECIAL DISTRICTS TO MEET WITH SUPERVISORS FULTON AND YERCRUSE DURING THE LUNCH BREAK. THIS ITEM WILL BE HELD UNTIL LATER IN MEETING.} 88-375 Salary ordinance amendment - the amendment increases the compensation for the Director of Environmental Health by 7.5 percent from range 27.5 to 29.0 as recommended by the Chief Administrative Officer - action requested: A. WAIVE THE SECOND READING OF THE ORDINANCE. B. ADOPT THE ORDINANCE. {412) {NO ACTION TAKEN} MOTION: MOPE TO WAIVE THE SECOND READING OF THE ORDINANCE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 88-376 Salary ordinance amendment - the ordinance creates the position of air pollution control officer as an exempt classification -action requested - WAIVE THE SECOND READING AND ADOPT THE ORDINANCE. {500) MOTION: MOVE TO WAIVE THE SECOND READING AND ADOPT ORDINANCE 2692. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} 88-377 Report from Public Works Director on hid opening - construction of northwest Chico storm drain, from Lindo Channel to the extension of West 12th Avenue, County Project No. SD-1-88 - action requested - AWARD BID. (535) MOTION: MOPE TO AWARD BID TO 7-K CONSTRUCTION COMPANY, INC., RED BLUFF, IN THE AMOUNT OF 5113,318. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} $8-378 Report from Public Works Director on O.T.S. Safety Project - radar speed enforcement -action requested - APPROVE MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA HIGHWAY PATROL AND AUTHORIZE THE CHAIRMAN TO SIGN, AND ACCEPT LISTING OF AREAS DESIGNATED FOR RADRR ENFORCEMENT FOR INFORMATION AT THIS TIME, WITH AN ORDINANCE ESTABLISHING REVISED SPEED LIMITS TO BE PRESENTED ON JULY 26, 1988. {580} Page 195 July 12, 1988 July 1~ 1988 MOTION: MOVE FOR ACTION AS REQUESTED. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 88-379 Report from Public Works Director on Neal Road Landfill -action requested: A. AUTHORIZE GATE FEES BE INCREASED TO PROVIDE FOR CONSUMER PRICE INDEX INCREASE. B. AUTHORIZE GATE FEES ALSO BE INCREASED IN ADDITION TO THE CPI INCREASE TO PROVIDE A NET 25 PERCENT SURCHARGE OVER THE TOTAL FEES DUE THE LANDFILL OPERATOR. THESE FUNDS WOULD BE PLACED IN THE HEAL ROAD LANDFILL IMPROVEMENT TRUST FOR USE iN FUNDING FUTURE OPERATIONAL EXPENSES. THE PRESENT 8.8 PERCENT SURCHARGE WOULD BE INCLUDED IN T~iE NET 25 PERCENT SURCHARGE. (NO ACTION TAKEN.} C. DIRECT PUBLIC WORKS TO PREPARE REVISED GATE FEE SCHEDULE SUBJECT TO REVIEW AND APPROVAL OF AUDITOR AND RETURN TO BOARD FOR APPROVAL ON JULY 26, 19$8 WITH NEW FEE SCHEDULE TO BECOME EFFECTIVE SEPTEMBER 1, 1988. {NO ACTION TAKEN.) D. AUTHORIZE PUBLIC WORKS TO REQUEST PROPOSALS FOR CONSULTANT SERVICES FOR fiHE PREPARATION OF A REPORT OUTLINING PRESENT, PENDING AND PROPOSED LANDFILL OPERATIONAL REQUIREMENTS, THEIR FISCAL IMPACT, AND PROPOSING ALTERNATIVE MEANS OF FUNDING. (750) MOTION: MOVE TO AUTHORIZE GATE FEES BE INCREASED TO PROVIDE FOR CONSUMER PRICE INDEX INCREASE. S M VOTE: 1 Y 2 Y 3 Y 4 N 5 Y {Motion carried? MOTION: MOVE TO AUTHORIZE PUBLIC WORKS TO REQUEST PROPOSALS FOR CONSULTANT SERVICES FOR THE PREPARATION OF A REPORT OUTLINING PRESENT, PENDING AND PROPOSED LANDFILL OPERATIONAL REQUIREMENTS, THEIR FISCAL IMPACT, AND PROPOSING ALTERNATIVE MEANS OF FUNDING. S M VOTE: l Y 2 Y 3 Y 4 N 5 Y {Motion carried} 88--380 Discussion of 198889 Butte County budget. A. Budget review process. B. Set public hearing date of budget for August 8, 1988 at 9:00 a.m. C. Consideration of issuing notice of cancellation on animal control contract and notice of reduced funding for fire contract. {1390} {NO ACTION TAKEN} Page 196 July 12, 1988 JuIY 12,E 1988 MOTION: MOVE THAT BUDGET HEARINGS PROCEED BEFORE THE ENTIRE BOARD COMMENCING AUGUST 1, 19$8 AT 9:00 A.M. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} {DIRECTIVE THAT NO TRANSFERS BE MADE WITHIN fiHE SALARY BUDGET UNIT TO EXTRA-HELP AND OVERTIME, AND FROM OTHER BUDGEfi UNITS TO THE FIXED ASSET BUDGET UNIT WITHOUT ADMINISTRATIVE REVIEW.) {CONTINUED TO 7/19/88) 88-381 CLOSED SESSION; The Board recessed at 10:40 a.m, to hold a closed session on actual litigation of Floyd E. Janes. et al. vs. Hal Brooks, case No. 84429 pursuant to Government Code Section 54956.9 (a}. {3084} RECONVENE: The reconvened at 11;12 a.m. following a closed session on actual litigation of Floyd E. Jones, et al. vs. Hal Brooks, case No. 84429. (NO ANNOUNCEMENTS MADE.) PUBLIC HEARINGS AND TIMED ITEMS 88-382 Public hearing - Dehra Anderson {Chiarucci} ~ Bachman and Associates - abandonment of Old Glenwood Avenue located on a portion of "Old" Glenwood Avenue extending from State Highway 32 along Lindo Channel to Glenwood Avenue, AP 42-13-1 and 46, Chico area. (**001 (CONTINUED OPEN TO 8/2/88 AT 11:00 A.M.) $8-383 Public hearing - acceptance of costs for demolition and removal of a burned mobile home and outbuildings at 15024$ Jackpine Way, Magalia, AP 055-41-0-004-0. {475) MOTION: ADOPT RESOLUTION 88-109 ACCEPTING $2,888.Oi AS THE TOTAL OF COSTS, AND PROCEED WITH PLACEMENT OF A LIEN ON THE PROPERTY. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) Regular Auenda $8-384 Report from the Chief Administrative Officer concerning potential November 8, 1988 ballot issues, including; general sales tax, library taxes, fire taxes, and general obligation bonds: A. Criminal justice facilities. B. Library refinancing. C. Other facilities. {538) Page 197 July 12, 1988 July 1_2. 19$8 MOTION: DIRECT STAFF TO BRING BACK PROPOSED BALLOT MEASURES UNDER GENERAL SALES TAX FOR NOVEMBER DEDICATED, TO THE EXTENT WE CAN DEDICATE THEM, TO LIBRARY AND CRIMINAL JUSTICE, AND PLACE THIS ITEM ON THE BOARD'S AGENDA OF JULY 19, 1988. S M VOTE: 1 N 2 Y 3 Y 4 Y 5 Y {Motion carried) 88-385 Consideration of street improvement fees for the Chico urban area. {Supervisor Vercruse) {538) {CONTINUED TO DATE UNCERTAIN) Recess: 12:18 p.m. Reconvene: 2:01. p.m. Consent Agenda 88-38b Amendment 1 -Northwest SPCA animal control agreement - the amendment deletes the requirement far two animal shelters in Butte County - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. (2170) MOTION: MOVE FOR ACTION AS REQUESTED. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carrie&) Rectular Agenda 88-387 Closed hearing - Special District Augmentation Fund in the estimated amount of $1,170,000 for 1988-89. {2228) MOTION: MOVE TO AUTHORIZE 25 PERCENT (5292,500) OF THE ENTIRE SPECIAL DISTRICT AUGMENTATION FUND, BASED ON 1987-88 ALLOCATION FACTORS, TO SPECIAL DISTRICTS. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 88-388 Consideration of letter and report from the Chief Administrative Officer on resolution requesting state legislation on annexation of the Chico urban area. {2858) (NO ACTION TAKEN) 88-389 Consideration of the final draft of the amended nitrate action plan - Chico sphere of influence - Butte County/City of Chico. (2900) (NO ACTION TAKEN} Page 198 July 12, 1988 JuIY 1~ 1988 88-390 Closed hearing - Energy Growth Partnership I appeal of denial of a use permit to allow an 11.9 MW hydroelectric project {environmental impact report previously certified), including tunnel opening, 100 feet steel penstock, 500 feet transmission line, powerhouse, 5* sere off-site aggregate storage, fuel storage, 11 foot diameter tunnel. on groperty zoned TM-20, 40 {timber mountain - 20 acre, 40 acre parcels) located on DeSabla Powerhouse Road, 1804 feet west of the Skyway, identified as AP 55-01--1, 3, 31, 33, 34, 35, DeSabla. {2946) MOTION: MOVE TO UPHOLD ENERGY GROWTH PARTNERSHIP I APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A USE PERMIT SUBJECT TO FINDINGS A - J AND CONDITIONS 1 - 38 AS FOLLOWS: A. FIND THAT TT IS iN THE PUBLIC INTEREST TO PROVIDE FOR THE ORDERLY DEVELOPMENT OF HYDRO-ELECTRIC RESOURCES IN BUTTE COUNTY SO AS TO PROMOTE THE OVERALL GOALS AND OBJECTIVES OF THE COUNTY IN REGARDS TO ENERGY, LAND USE, AND THE ENVIRONMENT; AND B. FIND THAT IT IS THE PURPOSE 4F THIS USE PERMIT TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE BY ENSURING ORDERLY EXPANSION OF HYDRO-ELECTRIC GENERATING CAPACITY IN BUTTE CREEK CANYON; AND C. FIND THAT THE PROJECT IS IN COMPLIANCE WITH THE BUTTE COUNTY GENERAL PLAN POLICIES AND GOALS DEALING WITH ENERGY RESOURCES WHICH ENCOURAGE EXPANSION, CONSTRUCTION, AND EFFICIENCY OF HYDRO-ELECTRIC POWER PLANTS IN THE COUNTY; AND D. FIND THAT THE ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED PROJECT HAS BEEN CERTIFIED BY THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD - DIVISION OF WATER RIGHTS WHICH HEREBY SATISFIES THE ENVIRONMENTAL DOCUMENTATION REQUIREMENTS OF THE COUNTY OF BUTTE; AND E. FIND THAT THE BOARD 4F SUPERVISORS HAS REVIEWED ANA CONSIDERED THE INFORMATION CONTAINED IN THE ENVIRONMENTAL IMPACT REPORT PREPARED BY THE LEAD AGENCY PRIOR TO ACTING UPON THIS PROJECT IN ACCORDANCE TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND F. FIND THAT THE BOARD OF SUPERVISORS ACTING AS A RESPONSIBLE AGENCY IN ACCORDANCE TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, HAS DRAWN ITS OWN CONCLUSIONS ON WHETHER AND HOW TO APPROVE THE PROPOSED PROJECT; AND G. FIND THAT THE BOARD OF SUPERVISORS HAS CONSIDERED TESTIMONY AND EVIDENCE SUBMITTED ON THE PROPOSED PROJECT AT PREVIOUS PUBLIC HEARINGS HELD ON THE DRAFT ENVIRONMENTAL IMPACT REPORT AND USE PERMIT IN RENDERING ITS DECISION; AND Page 199 July 12, 1988 JU1y 1~ 3.988 H. FIND THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT AS A RESULT OF THE ADOPTED MITIGATION MEASURES OUTLINED BY THE CERTIFIED ENVIRONMENTAL IMPACT REPORT AND SUBSEQUENT MQDIFICATIONS MADE TO THE PROPOSED PROJECT,' AND I. FIND THAT THE FROPOSED USE OF fiHE PROPERTY WILL NOT IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE TN WHICH THE LAND LIES AND THAT THE USE WOULD NOT BE UNREASONABLY INCOMPATIBLE WITH OR INJURIOUS TO SURROUNDING PROPERTIES OR DETRIMENTAL TO fiHE HEALTH AND GENERAL WELFARE OF THE PERSONS RESIDING OR WORKING IN THE COUNTY OR TO THE GENERAL HEALTH, WELFARE, AND SAFETY OF THE COUNTY; AND J. APPROVE THE USE FERMIT FOR AN 11.9 MEGAWATT HYDRO-ELECTRIC PROJECT ON AP# 0b5-01-0-003., 3, 31, 33, 34 AND 35 ET AL. ENERGY GROWTH PARTNERSHIP T} SUBJECT TO THE FOLLOWING CONDITIONS AND MITIGATION MEASURES: 1. FOR SAFETY PURPOSES DESABLA POWERHOUSE ROAD SHALL BE BLOCKED TO PREVENT PUBLIC TRAFFIC DURING fiHE TIME OF CONSTRUCTION AND A SIGN E3CPLAINING ALTERNATIVE ACCESS TQ THE BUTTE CREEK CANYON SHALL BE PROVIDED. 2. DOE MILL ROAD OR ANY OTHER PUBLIC RIGHT-OF-WAY USED FOR ACCESS TO THE PROJECT SITE SHALL BE IMPROVED BY THE PROPERTY OWNERS OR THEIR REPRESENTATIVE TO ALLOW THE SAFE NEGOTIATION OF ALL CONSTRUCTION VEHICLES AND OTHER VEHICLES PERTAINING TO THE PROJECT, AND SUCH IMPROVEMENTS SHALL MEET THE STANDARDS SET FORTH BY CHAPTER 20 OF THE BUTTE COUNTY CODE, STANDARD NUMBER RS-7. SUCH ROADWAY IMPROVEMENTS AS MENTIONED ABOVE SHALL BE COMPLETED WITHIN FOUR WEEKS AFTER THE START OF ANY CONSTRUCTION ON THE PROPOSED PROJECfi. RS-7 iS TO BE CONSIDERED AN ACCEPTABLE ROADWAY STANDARD AND THOSE PORTIONS OF PUBLIC ROADWAY USED FOR ACCESS TO THE PROPOSED PROJECfi WHICH DOES NOT MEET SUCH A STANDARD SHALL BE IMPROVED. DESABLA POWERHOUSE ROAD SHALL BE IMPROVED TO BUREAU OF LAND MANAGEMENT STANDARDS AS SET FORTH BY THE ADOPTED EIR FOR THE PROJECT. 3. DOE MILL ROAD AND OTHER PUBLIC RIGHfi-OF-WAY USED FOR ACCESS TO THE PROJECT SITE SHALL BE MAINTAINED AT ALL TIMES DURING THE CONSTRUCTION PERIOD OF THE PROPOSED PROJECT TO THE STANDARDS SET FORTH BY CHAPTER 20 OF THE BUTTE COUNTY CODE, STANDARD NUMBER RS-7. DESABLA POWERHOUSE ROAD SHALL BE MAINTAINED AT ALL TIMES DURING THE CONSTRUCTION PERIOD fiO THE STANDARDS OF BLM AS SET FORTH BY THE ADOPTED EIR FOR THE PROJECT. Page 200 July 12, 1988 JuIY 121, 1988 4. EXISTING COUNTY ROADS USED FOR ACCESS TO THE PROJECT SITE DAMAGED AS A DIRECT RESULT OF THE CONSTRUCTION AND MAINTENANCE ACTIVITIES RELATED TO THE PROJECT WILL BE REPAIRED TO A CONDITION EQUAL TO OR BETTER THAN THEIR CONDITION PRIOR TO CONSTRUCTION OR MAINTENANCE ACTIVITIES WHICH LEFT THE DAMAGE. 5. MEET THE REQUIREMENTS OF THE BUTTE COUNTY ENVIRONMENTAL HEALTH DIVISION, INCLUDING: a. PROVIDE PORTABLE TOILETS AT CONSTRUCTION SITES AND HAVE THEM SERVICED AND PUMPED BY A LICENSED SEPTIC TANK PUMPER. b. NO PERMANENT TOILET FACILITIES SHALL BE PERMITTED. c. ALL FUEL STORAGE, OR HAZARDOUS MATERIALS STORAGE SHALL MEET ALL STATE AND COUNTY REGULATIONS. ANY UNDERGROUND STORAGE SHALL $E CONSTRUCTED UNDER PERMIT ANA INSPECTION FROM THE BUTTE COUNTY DIVISION OF ENVIRONMENTAL HEALTH. 6. THE PROPERTY OWNERS OR THEIR REPRESENTATIVE SHALL PROVIDE INFORMATION TO THE BUTTE COUNTY ENVIRONMENTAL HEALTH DIVISION OF TYPES AND SIZES OF FUEL STORAGE FACILITIES. SHOW PAVING AND DIKING FOR LEAK AND SPILL PROTECTION ON ALL ABOVE GROUND FUEL TANKS PRIOR TO THE INSTALLATION OF ANY FUEL STORAGE FACILITY. 7. DUST CONTROL ACTIVITIES SHALL BE CONDUCTED ON ALL ACCESS ROADS TO CONTROL DUST CAUSED BY GONSTRUCTION VEHICLES. THOSE SEGMENTS OR THE ACCESS ROADS WHICH FRONT PROPERTIES OR PARCELS WITH E~{ISTING RESIDENTIAL USES SHALL BE TREATED WITH SC 250 A DUST BINDER 200 FEET PAST THE PROPERTY LINES OF SUCH FRONTAGES. WATERING FOR DUST ABATEMENT SHALL BE CONDUCTED A MINIMUM OF TWICE DAILY ON ALL OTHER STRETCHES OF ACCESS ROADWAYS NOT TREATED BY THE SC 250 DUST BINDER, DUST BINDING SHALL BE IMPLEMENTED AT COMPLETION OF ROADWAY UPGRADING WHICH SHALL OCCUR WITHIN FOUR WEEKS AFTER STARTING CONSTRUCTION AND SHALL BE INSTALLED PRIOR TO ANY WORK BEING CONDUCTED ON THE DIVERSION STRUCTURE. 8. SPOILS AND TUNNEL AGGREGATE FROM THE DEVELOPMENT OF THE PROPOSED PROJECT SHALL NOT BE STORED MORE THAN 12 MONTHS AFTER COMPLETION OF THE PROPOSED PROJECfi AT THE PG&E STORAGE SITE, fiHE STORAGE SITE FOR SPOILS AND TUNNEL AGGREGATE SHALL BE REVEGETATED AT SUCH TIME OF REMOVING THE SPOILS, Page 201 (f Ju~.y 12r 1°$$ "1 J,~ 12,E 1988 9. IN ORDER TO MINIMIZE THE POTENTIAL FOR EROSION AND SEDIMENTATION OF THE CREEK CAUSED BY ROAD IMPROVEMENTS ON BLACK PRINCE MINE ACCESS ROAD, STANDARD EROSION TECHNIQUES SHALL BE UTILIZED. THE STANDARDS OF ROAD CONSTRUCTION SET BY THE BUREAU OF LAND MANAGEMENT OR OTHER REGULATORY AGENCIES AS WELL AS THE EIR SHALL BE MET. 10. THE PROPERTY OWNERS OR THEIR REPRESENTATIVE SHALL POST A $75,000 MAINTENANCE BOND, OR IN LIEU THEREOF, PROVIDE A CERTIFICATE OF DEPOSIT OR ANNUITY, NAMING THE COUNTY OF BUTTE THE PRIMARY DEPOSITOR TO INDEMNITY THE COUNTY OF BUTTE FROM ANY POTENTIAL DAMAGES WHICH MAY RESULT FROM THE ACTIONS OR ACTIVITIES OF ENERGY GROWTH PARTNERSHIP I OR THEIR AGENTS IN DEVELOPING THE PROPOSED PROJECT. SUCH BOND, OR CERTIFICATE OF DEPOSIT, OR ANNUITY SHALL BE HELD BY BUTTE COUNTY UNTIL SUCH TIME AS CONSTRUCTION 4F THE HYDRO-ELECTRIC PROJECT PROPOSED IS COMPLETED. SUCH MAINTENANCE $OND OR CERTIFICATE OF DEPOSIT OR ANNUITY SHALL BE SUBMITTED FOR APPROVAL BY THE BUTTE COUNTY PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF THE REQUESTED USE PERMIT. 11. IN RECOGNITION OF THE HISTORICAL NATURE OF THE POWERHOUSE SITE THE PROPERTY OWNERS OR THEIR REPRESENTATIVE SHALL INSTALL AT COMPLETION OF THE PROJECT A MONUMENT INTERPRETING THE LOCAL HISTORICAL SIGNIFICANCE OF THE SITE. MONUMENT STYLE, DESIGN AND HISTORICAL CONTENT SHALL BE DEVELOPED BY THE PROPERTY OWNERS OR THEIR REPRESENTATIVE TO THE APPROVAL OF THE PLANNING COMMISSION. THE COSTS OF CONSTRUCTING SUCH A MONUMENT SHALL NOT EXCEED $5.000. THE DESIGN SHALL INCORPORATE ANTI-VANDALISM DESIGN CONCEPTS. 12. ANY DISTURBED AREAS CAUSED BY CONSTRUCTION OR MAINTENANCE ACTIVITIES, OR STORAGE OF SPOILS, SHALL BE REVEGETATED AS NECESSARY TO MINIMIZE THE POTENTIAL FOR EROSION. THE PROPERTY OWNERS OR THEIR REPRESENTATIVE WILL WORK CLOSELY WITH THE BUREAU OF LAND MANAGEMENT, REGULATORY AGENCIES, AND COUNTY OF BUTTE TO ESTA$LISH SPECIFIC TIMES FOR REVEGETATION ACTIVITIES ON A SITE BY SITE BASIS. ALL ASPECTS OF THE EROSION CONTROL PLAN OUTLINED IN APPENDIX III OF THE SUPPLEMENT TO THE ENVIRONMENTAL IMPACT REPORT, STATE CLEARING HOUSE #83013001 SHALL BE STRICTLY ADHERED T0. 13. ALL RECREATION AND AESTHETIC IMPACTS OF THE PROJECT SHALL BE MITIGATED BY: a. THE DIVERSION DAM SHALL BE GROUTED WITH NATIVE BOULDERS, PLACED IN AN IRREGULAR, NATURAL DESIGN TO REFLECT THE NATURAL SETTING AS MUCH AS POSSIBLE. DESIGN CONCEPTS SHALL BE TO THE APPROVAL OF THE BUREAU OF LAND MANAGEMENT LANDSCAPE ARCHITECT. Page 202 July 12, 1988 JuIY 1_2. 1988 b. ADIT SLOPES SHALL BE REVEGETATED WITH NATIVE VEGETATION AS SOON AS POSSIBLE TO REDUCE THE EFFECT OF FRESH CUTS. c. TO INSURE UNHAMPERED PUBLIC ACCESS TO BUTTE CREEK AT THE POWERHOUSE SITE A TRAIL AND STAIRS SHALL BE PROVIDED AS APPROVED BY THE BUREAU OF LAND MANAGEMENT. d. ENERGY GROWTH PARTNERSHIP I HAS AGREED TO THE FOLLOWING IMPROVEMENTS TO RECREATIONAL FACILITIES IN THE PROJECT VICINITY. ALL IMPROVEMENTS SHALL BE MADE IN ACCORDANCE TO AGREEMENTS MADE BETWEEN THE PROJECT PROPONENT. BLM, AND THE BUTTE CREEK TRAIL COUNCIL. BUTTE CREEK TRAIL COUNCIL IN ACCORDANCE TO A MEMORANDUM OF UNDERSTANDING WITH THE BLM WILL ADMINISTER THE RECREATION FUND IDENTIFIED BELOW: 1. FOOTBRIDGE REPAIR: TWO FOOTBRIDGES CROSSING UNNAMED CREEKS IN THE FIRST MILE OF THE BUTTE CREEK TRAIL WILL BE REBUILfi. 2. PARKING AREA DEVELOPMENT: A PARKING AREA WILL BE DEVELOPED ADJACENT TO THE GRAVEL PIT SITE FOR THE USERS OF THE LOWER BUREAU OF LAND MANAGEMENT TRAIL BEGINNING AT THE PG&E DESABLA ACCESS ROAD. THE LOT WILL BE GRAVELED AND WHEEL STOPS PROVIDED. 3. SINAGE: DIRECTIONAL SIGNS WILL BE PROVIDED fi0 INDICATE THE NEW BUREAU OF LAND MANAGEMENT PARKING AREA AND IDENTIFY THE TRAILHEAD. ~. RECREATION FUND: A 520,000 FUND WILL BE SET ASIDE FOR USE IN TRAIL MAINTENANCE AND RECREATION IN THE FUTURE. 5. GRAVEL PIT: THE EXISTING GRAVEL PITS TO BE UTILIZED AS A TUNNEL AGGREGATE STORAGE SITE WILL BE REHABILITATED BY BRINGING IN TOPSOILS, RECONTOURING AND LANDSCAPING WITH NATIVE MATERIALS. 14. EXPOSED SURFACES OF THE 100 FOOT PENSTOCK WILL BE FINISHED IN A NON-REFLECTIVE NATURAL COLOR TO MINIMIZE THE CONTRAST WITH SURROUNDING SCENERY TN ACCORDANCE TO THE CERTIFIED EIR FOR THE PROJECT. 15. ALL POWERHOUSE DEVELOPMENT SHOULD MEET THE BUREAU OF LAND MANAGEMENT LAND USE CRITERIA AND ANY OTHER POLICIES FOR MITIGATION MEASURES RE¢UTRED TO REDUCE IMPACTS TO THE AESTHETICS OR RECREATIONAL VALUE OF THE CANYON. 16. CULTURAL RESOURCE IMPACTS SHALL BE REDUCED BY: Page 203 July 12, 1988 J.~1_Y 1~ 19$8 a. CULTURAL RESOURCE IDENTIFIED AS CA-BUT-868 SHAD, BE MITIGATED BY: 1. PERFORMING A LIMITED ARCHIVAL SEARCH AND PERSONAL INTERVIEWS. SEARCHING PG&E PUBLICATIONS AND RECORDS FOR PHOTOGRAPHS AND ACCOUNTS OF THE SITE AND ITS CONSTITUENTS. ALSO INTERVIEWING FORMER RESIDENTS OF THE SITE. 2. LOCATE AND MAP THE SITE REMAINS USING THE EXISTING TOPOGRAPHICAL DATA DEVELOPED FOR PROJECT DESIGN. IN ADDITION, PHOTOGRAPH ANY AND ALL REMAINS. 3. AN EVALUATION OF OCCUPATIONAL REFUSE SHOULD BE PERFORMED. ALSO EVALUATE AND ILLUSTRATE, AS APPROPRIATE, A REPRESENTATIVE SAMPLE OF REMAINS RECOVERED FROM THE SCATTERS. 4. PREPARE AN ARCHAEOLOGICAL REPORT ACCORDING TO PROFESSIONAL STANDARDS. SUBMIT A REPORT TO THE BUREAU OF LAND MANAGEMENT, STATE HISTORICAL PRESERVATION OFFICER, FEDERAL ENERGY REGULATORY COMMISSION, THE COUNTY OF BUTTE PLANNING DEPARTMENT, AND PACIFIC GAS AND ELECTRIC FOR REVIEW AND AWARENESS. DISTRIBUTE REPORTS AMONG REGIONAL LIBRARIES FOR PUBLIC USE. 5. ERECT A MONUMENT TELLING OF THE HISTORY OF THE SITE UPON COMPLETION OF CONSTRUCTION IN ACCORDANCE TO CONDITION 11 OF THIS USE PERMIT. 17. TO PREVENT CONDITIONS FAVORABLE TO "KEEPER HOLE" DEVELOPMENT, THE DIVERSION STRUCTURE SHALL BE CONSTRUCTED WITH AN IRREGULAR TOP. 18. PURSUANT TO SECTION 5937 OF THE FISH AND GAME CODE, THE PROPERTY OWNERS OR THEIR REPRESENTATIVE SHALL CONTINUALLY RELEASE 47CFS FROM ITS INTAKE STRUCTURE FOR fiHE MAINTENANCE OF BUTTE CREEK'S FISHERY AND RIPARIAN RESOURCES. THE REQUIRED STREAM FLOW RELEASE WILL OCCUR TN AN AUTOMATIC FASHION. 19. WATER WILL BE MEASURED IMMEDIATELY DOWNSTREAM OF THE DIVERSION DAM VIA A GAUGE APPROVER BY THE DEPARTMENT OF FISH AND GAME, TO INSURE THAT THE REQUIRED MINIMUM INSTREAM FLOW OF 47CFS IS RELEASED. SUCH MEASUREMENT SHALL BE RECORDED BY THE PROJECT OPERATOR AND MONITORED BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME. 20. TO PREVENT FISH STRANDING, INCREASES IN THE AMOUNT OF WATER DIVERTED SHALL BE GRADUAL AND AT A RATE NOT TO EXCEED 30~ OF THE TOTAL STREAM FLOW PER HOUR. Page 204 July 12, 1988 `i July 12, 198$ M~ 21. A FISH SCREEN ACCEPTABLE TO FISH AND GAME SHALL BE INSTALLED ON THE INTAKE STRUCTURE, AND SHALL BE PROPERLY OPERATED AND MAINTAINED BY THE PROPERTY OWNERS OR THEIR REPRESENTATIVE. 22. THE PROPERTY OWNERS OR THEIR REPRESENTATIVE WILL, BY A METHOD ACCEPTABLE TO THE CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD, AND THE DEPARTMENT OF FISH AND GAME, REMOVE SAND AND SEDIMENT FROM THE POOL IMMEDIATELY UPSTREAM FROM THE INTAKE STRUCTURE ON BUTTE CREEK TO A SITE ACCEPTABLE TO THE AFOREMENTIONED AGENCIES. A SELF-CLEANING DIVERSION WEIR WOULD BE AN ACCEPTABLE ALTERNATIVE. 23. AT LEASE NINETY DAYS PRIOR TO STARfi OF CONSTRUCTION, THE PROPERTY OWNERS OR THEIR REPRESENTATIVE WILL SUBMIT, TO THE DEPARTMENT OF FISH AND GAME, FOR ITS REVIEW AND APPROVAL, ENGINEERED DRAWINGS FOR THE INTAKE STRUCTURE, THE FISH SCREEN, AND THE POWERHOUSE TAILRACE. THESE DRAWINGS SHALL BE DESIGNED BY A STATE LICENSED ENGINEER. THE INTAKE STRUCTURE SHALL BE DESIGNED TO PASS THE lO0 YEAR FLOOD FLOW AND THE OUTLET OF THE FISH AND WATER FLOW RELEASE SHALL BE CONSTRUCTED IN SUCH A MANNER THAT SILT AND DEBRIS DOES NOT OBSTRUCT THE OUTLET AND THE RELEASE IS MADE ACCURATELY, CONTINUALLY, AND AUTOMATICALLY. THE POWERHOUSE TAILRACE SHOULD BE DESIGNED TO PREVENT STREAM BANK EROSION WHEN WATER IS RELEASED FROM THE POWERHOUSE. 24. PURSUANT TO SECTION 1603 OF THE DEPARTMENT OF FISH AND GAME CODE, THE PROPERTY OWNERS OR THEIR REPRESENTATIVE WILL, PRIOR TO THE BEGINNING OF THE PROJECT CONSTRUCTION, NOTIFY THE DEPARTMENT OF FISH AND GAME ANA ENTER INTO A STREAM BED ALTERATION AGREEMENT, NOT INCONSISTENT WITH fiHE TERMS OF THIS AGREEMENT, WITH THE DEPARTMENT TO PROTECT FISH AND WILDLIFE RESOURCES DURING PROJECT CONSTRUCTION. 25. THE PROPERTY OWNERS OR THEIR REPRESENTATIVE WILL FOR THE LIFE OF THE PROJECT, PERMIT ACCESS TO THE PROJECT BY AGENTS REPRESENTING THE DEPARTMENT OF FISH AND GAME, WITHOUT PRIOR NOTIFICATION, TO INSURE PROPER INCORPORATION IN OPERATION OF FISH AND WILDLIFE PROTECTION MEASURES. 26. fiHE PROPERTY OWNERS OR THEIR REPRESENTATIVE WILL IMPLEMENfi ANY REMEDIAL ACTION AND/OR MEASURES FOUND NECESSARY BY fiHE DEPARTMENT QF FISH AND GAME TO PROTECT, MAINTAIN, OR RESTORE FISH AND WILDLIFE` RESOURCES ADVERSELY IMPACTED AS A RESULT OF FAILURE TO COMPLY IN WHOLE OR IN PART IN ANY OF THESE TERMS AND/OR CONDITIONS FOR THE PROJECT. 27. THE PROPERTY OWNERS OR THEIR REPRESENTATIVE WILL MAINTAIN AND OPERATE THE PROJECT IN COMPLIANCE WITH THE ABOVE--MENTIONED TERMS AND CONDITIONS AND THE ADOPTED EIR REGARDLESS OF WHETHER IT OPERATES UNDER A LICENSE OR ANY OTHER REGULATORY PROGRAM OF THE FEDERAL ENERGY REGULATORY COMMISSION. Page 205 July 12, 1988 JuZy 1~ 1988 28. THE PROPERTY OWNERS 4R THEIR REPRESENTATIVE MILL INCORPORATE THE ABOVE-MENTIONED TERMS AND CONDITIONS IN ANY SUBSEQUENT SALE, LEASE, CONVEYANCE OR OTHER ENTITLEMENT USE OF INTEREST SO AS TO LEGALLY ASSURE COMPLIANCE WITH SAID TERMS AND CONDITIONS AS LONG AS THE PROJECT GENERATES ELECTRICAL POWER. 29. AVOID STREAM POLLUTION FROM SUBSTANCES USED IN CONSTRUCTION AND OPERATION AND FROM POLLUTANTS RELEASED UPSTREAM AT THE PROJECT AREA BY: a. ENFORCE STRICT ON-SITE HANDLING RULES AS PART OF A SPILL PREVENTION, CONTROL, AND COUNTER MEASURE PLAN TO BE FOLLOWED DURING CONSTRUCTION AND OPERATIONS. b. SYSTEMATICALLY COLLECT AND REMOVE SANITARY WASTES, USED OILS. AND OTHER CONTAMINANTS FROM PROJECT JOB SITES AND FACILITIES. c. USE CHEMICAL TOILETS AT ALL CONSTRUCTION SITES TO PREVENT BACTERIAL AND NUTRIENT CONTAMINATION OF THE CREEK. d. HOUSE ALL CONSTRUCTION EQUIPMENT TO MINIMIZE ENVIRONMENTAL CONTAMINATION FROM MACHINERY LUBRICANTS AND OTHER SUBSTANCES. e. UTILIZE THE INTAKE STRUCTURE CLOSE DEVICE TO SHUT DOWN PROJECT DIVERSIONS AND RETURN FULL FLOWS TO THE CREEK fi0 PROVIDE MAXIMUM DILUTION FLOWS IN CASE OF POLLUTION AS A RESULT OF SPILLS OR OTHER POLLUTION SOURCES UPSTREAM. 30. PONDING OF WATER BEHIND THE PROPOSED DIVERSION STRUCTURE SHALL NOT EXCEED 1.25 ACRES IN SURFACE AREA. 31. THE WATER APPROPRIATED SHALL BE LIMITED TO THE QUANTITY WHICH CAN BE BENEFICIALLY USED AND SHALL NOT EXCEED 250 CUBIC FEET PER SECOND TO BE DIVERTED FROM JANUARY 1 THROUGH DECEMBER 31 OF EACH YEAR. 32. TRANSMISSION LINES SHALL BE DESIGNED AND CONSTRUCTED TN SUCH A WAY THAT THEY ARE NOT A HAZARD TO RAPTORS. 33. THE PROPERTY OWNERS OR THEIR REPRESENTATIVES SHALL CONSTRUCT THE PROJECT USING AN ALL-TUNNEL ALIGNMENT SUBSTANTIALLY AS SPECIFIED IN THE SUPPLEMENT TO THE DRAFT ENVIRONMENTAL IMPACT REPORT DATED OCTOBER 1987 FOR APPLICATION 27815. Page 206 July 12, 1988 _~ J~7.Y 1~ 1.988 3~. THE STATE WATER RESOURCES CONTROL BOARD RESERVES JURISDICTION OVER THIS PERMIT UNTIL AFTER THE PROCEEDING ON APPLICATION 28535 OF PACIFIC GAS AND ELECTRIC COMPANY FOR fiHE PURPOSE OF EVALUATING THE PUBLIC INTERESTS ISSUES TO DETERMINE WHETHER THE PUBLIC INTEREST REQUIRES A REVERSAL OF THE PRIORITIES OF RIGHTS INITIATED BY APPLICATIONS 27815 AND 28535. 35. ALL RIGHTS AND PRIVILEGES TO APPROPRIATE WATER FOR POWER PURPOSES UNDER THIS PERMIT AND ANY SUBSEQUENTLY ISSUED LICENSE ARE SUBJECT TO DEPLETIONS RESULTING FROM FUTURE UPSTREAM APPROPRIATION FOR DOMESTIC AND STOCK WATERING USES WITHIN THE WATERSHED. SUCH RIGHTS AND PRIVILEGES UNDER THIS PERMIT MAY ALSO BE SUBJECT TO FUTURE UPSTREAM APPROPRIATIONS FOR USES WITHIN THE WATERSHED OTHER THAN DOMESTIC AND STOCK WATERING IF AND TO THE EXTENT THAT THE BOARD DETERMINES, PURSUANfi TO WATER CODE SECTIONS 100 AND 275, THAT THE CONTINUED EXERCISE OF THE APPROPRIATION FOR POWER PURPOSES IS UNREASONABLE IN LIGHT OF SUCH PROPOSED USES. ANY SUCH DETERMINATION SHALL BE MADE ONLY AFTER NOTICE TO PERMITTEE OR LICENSEE OF AN APPLICATION FOR ANY SUCH FUTURE UPSTREAM APPROPRIATION AND THE OPPORTUNITY TO BE HEARD; PROVIDED, THAT A HEARING, IF REQUESTED, MAY BE CONSOLIDATED WITH THE HEARING ON SUCH APPLICATIONS. 36. NO CONSTRUCTION SHALL BE COMMENCED AND NO WATER SHALL BE USED UNDER THIS PERMIT UNTIL ALL NECESSARY FEDERAL, STATE AND LOCAL APPROVALS HAVE BEEN OBTAINED, INCLUDING COMPLIANCE WITH ANY APPLICABLE FEDERAL ENERGY REGULATORY COMMISSION REQUIREMENTS. 37. THE PROPERTY OWNERS OR THEIR REPRESENTATIVE MUST ALSO COMPLY WITH ALL OTHER APPLICABLE FEDERAL, STATE, AND LOCAL STATUTES, ORDINANCES, AND REGULATIONS AS PERTAINING TO THE DEVELOPMENT AND MAINTENANCE OF A HYDRO-ELECTRIC PROJECT. VOTE: 1 Y 2 N 3 Y 4 Y 5 Y (Motion carried} 3$. THE PROPERTY OWNERS OR THEIR REPRESENTATIVE MUST ALSO ADHERE TO ALL CONDITIONS ANA MITIGATION MEASURES STIPULATED PY THE ADOPTED EIR FOR THIS PROJECT. S M 8$-391 Cansideration of Chico Area Planning Commission - action requested - APPROVE CONCEPT AND DIRECT PLANNING STAFF TO PURSUE ESTABLISHING CHICO AREA PLANNING COMMISSION. (***00} Page 207 J~lp 12, 1988 July ~.2r,. x,988 MOTION: MOVE THAT THE BOARD DIRECT PLANNING STAFF TO WORK WITH THEE CITY OF CHICO TO DEVELOP A PROPOSAL TO FORM A CHICO URBAN AREA PLANNING COMMISSION; THE BOARD DIRECT COUNTY COUNSEL TO COORDINATE WITH OUR PLANNING STAFF AND THE GTTY OF CHICO TO DRAFT THE NECESSARY ENABLING ORDINANCES, RESOLUTIONS, AND/OR AGREEMENTS NECESSARY TO FORM AN URBAN AREA PLANNING COMMISSION; THE BOARD SEND A LETTER TO THE CITY OF CHICO ENDORSING THE CONCEPT OF AN URBAN AREA PLANNING COMMISSION FOR CHICO, AND ENLISTING THEIR SUPPORT AND COOPERATION TO EFFECTUATE ITS FORMATION; ANA THE BOARD STIPULATE TO OUR STAFF AND THE CITY OF CHIGO THAT THE COUNTY WILL NOT BE FINANCIALLY OBLIGATED TO THE FUNDING OF AN URBAN AREA PLANNING COMMISSION BY EITHER STAFF OR MONETARY EXPENDITURES. FURTHER, THAT THE COMPOSITION OF fiHE AREA PLANNING COMMISSION BE FIVE MEMBERS: TWO APPOINTED BY THE BOARD OF SUPERVISORS, TWO APPOINTED BY THE CITY COUNCIL, AND ONE EITHER ELECTED AT LARGE OR APPOINTED JOINTLY. S M VOTE: i N 2 Y 3 Y 4 N 5 Y {Motion carried) 88-392 State Mandates Committee. (565} MOTION: MOVE THAT THE CHAIRMAN FORM A STATE MANDATES COMMITTEE, S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} SUPERVISORS FULTON AND McLAUGHLIN APPOINTED BY CHAIRMAN McINTURF TO THE STATE MANDATES COMMITTEE. 88-393 Resolution awarding the sale of Chico Unified School District general obligation bands, series A, in the principal amount of $3,800,000 for the purpose of financing improvements to real property acquisition or improvements - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGN. {1390} MOTION: ADOPT RESOLUTION 88-3.08 AND AUTHORIZE THE CHAIRMAN TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) 88-394 Consideration of park fees for the Ghico urban area. {1475) MOTION: MOVE TO DIRECT STAFF TO SEND A LETTER TO THE GTTY OF GHICO SUPPORTING THE CONGEPT OF PARK FEES, AND ENCOURAGE THE AMOUNTS fi0 BE ADEQUATE TO COVER THE IDENTIFIED NEEDS. S M VOTE: 1 N 2 Y 3 Y 4 N 5 Y {Motion carried} Page 208 July 12, 1988 July 1_2 7.988 Communications 88-395 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. County Clerk Recorder - submits certification of statement of votes cast at the June 7, 3.988 primary election. {INFORMATION ONLY) b. Butte County Farm Bureau - submits listing of individuals to work with the Agricultural Commissioner in discussing the acarine mate quarantine in Butte County. {INFORMATION ONLY - REFERRED TO AGRICULTURAL COMMISSIONER) c. State Department of Water Resources - forwards a statement of costs for water masters service in the Butte Creek service area for 3.988-89. {REFERRED TO AUDITOR-CONTROLLER} 88-396 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 IS NOT LISTED ON THE AGENDA.) {1538} {NONE) 8 8397 CLOSED SESSION: The recessed at 3:10 p.m. to hold a closed session on actual litigation of Linda AicMahon vs. Jane Dolan, et al., case No. 93315 pursuant to Government Code Section 54956.9{a}. RECONVENE: The Board reconvened at 3:33 p.m. following a closed session on litigation. {NO ANNOUNCEMENTS} ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 3:34 p.m. to reconvene on Tuesday, July 19, 1988. t~ HASKEL McINTURF, Chairm Butte County Board of pervisors ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer Clerk a e Board .. ~~~ By- Page 209 July 12, 1988