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HomeMy WebLinkAboutM080586August 5, 1986 Ca71 to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oraville. Present: Supervisors Dolan, i4cInturf and Chairman ProTem Fulton. Martin J. Nichols, chief administrative officer; Harvey Wallace, county counsel; and Rubye Townsley, deputy cleric of the Board. Absent: Supervisor Wheeler and Chairman McLaughlin. Pledge of allegiance to the Flag of the United States of America. 86-426 Additional items from Board members to be addressed at the end of the day. (NONE} 86-427 Items removed from Consent Agenda for separate consideration: (26) 1. Budget transfers - action requested - APPROVED BUDGET TRANSFERS B-336, B-337, B-338, B-339, B-340, B-34I, B-342, B-343, B-344 AND B-345. 2. Architect agreement - Superior Court Department 4 - an agreement has been prepared with Gene McFarren to provide archtecturaT services in the remodeling of Superor Court to add Department 4 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 3. Amendment No. 6 - SCT agreement - the amendment extends the agreement through March 31, ]99T, reduces the 1985-86 contract maximum amount, revises the various tasks and objectives far implementation of the Data Processing Master Plan, and amends the maximum contract amount for each year - action requested - APPROUE AMENDMENT N0. 6 AND AUTHORIZE THE CHAIRMAN TO SIGN. 4. GAiN Program - office space agreement - an agreement has been prepared with Dahlmeier Brothers and Setty Jean Dahlmeier in leasing office space at 875 Mitchell Avenue, covering the period September T, 1986 through August 31, 1988 in the amount of $3,130 per month - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN, SUBJECT TO REVIEW BY AUDITOR AND COUNTY COUNSEL. Page 486 August 5, 1986 August 5, 1986 Consent Agenda (36} 86-428 1. Amendment to minutes of July 1, 1986. AMEND MINUTE ORDER 86-378, NO. l2, TO REFLECT THAT THE RESOLUTION ADOPTED ANNEXING PROPERTY TO CSA N0. 47 IS RESOLUTION 86-84A. 2. Approval of minutes of July 15 and July 22, 1986: APPROVE MINUTES. 3. Tradeline Corporation - proposed negative declaration and rezone from U (unclassified) to FR-20 and 40 (foothill recreational - 20 and 40 acre parcels) for property located on both 5ide5 of the Potter Ravine Inlet of Lake Oroville, approximately 1.7 miles east of Oregon Gulch Road, approximately 2.2 miles southeast of the covered bridge, identified as AP 41-25-179, north of Oroville. SET HEARING HATE FOR AUGUST 79, 1986 AT 11:30 A.M. 4. David Mennucci - abandonment of Butte Avenue right-of-way located from Grant Avenue, just east of 6th Street, to 5th Street, at a point 220 feet south of Grand Avenue, identified as AP 31-223, 224, Thermalito area. ADOPT RESOLUTION 86-96 SETTING HEARING DATE FOR SEPTEMBER 16, 1986 AT 11:00 A.M. 5. Michael Y. Sexton, attorney at law - on behalf of Riggs Property Management, appeals the Planning Commission's denial of Cook and Associates (proposed negative declaration regarding environmental impact} rezone from RT-T (minimum density residential - mobile home) to C-7 (light commercial) for property located on the northeast corner of Royal Oaks Drive and Kelly Ridge Road, Kelly Ridge area, identified as AP 69-07-36, east of OrovilTe. SET HEARING DATE FOR SEPTEMBER 1G, 1986 AT 11:30 A,M. 6. Cook Associates - rezone (proposed negative declaration regarding environmental impact} from AR-1 (agricultural residential - one acre parcels) to R-2 (duplex residential) for property located on the east side of Oman Drive and on the west side of Royal Oaks Drive and rezone from AR-1 to R-1 (single family residential) far property located on the west side of Oman Drive and on Fowler Court and Mimms Court, west of Royal Oaks Drive, identified as AP 69-53-1 through 51, east of Orovi7le (File 86-376). SET HEARING DATE FOR SEPTEMBER 16, 1986 AT 11:30 A.M. 7. Memorial hall donation - the Paradise Melody Dance Club has purchased a swamp cooler for donation to the county far placement in the Paradise Memorial Hall. ACCEPT DONATION, AUTHORIZE LETTER OF RPPRECIATION, AND DIRECT INSTALLATION OF THE COOLER. 8. Butte County Library donations - in accordance with Government Code §25355, donations have been received. from the Fraternal Order of Eagles, $200, and Bi11 Rutherford, $100, for the purchase of books. AGGEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. Page 487 August 5, 1986 August 5, 1986 9. Appointment to the Drug Abuse in Schools Advisory Committee. APPOINT DR. DONALD REMLEY TO FILL THE VACANCY BROUGHT ABOUT BY THE RESIGNATION OF JOAN KOHL. 10. Appointment to the JTPA Private Industry Council. REAPPOINT GEORGE GILBERT, ECONOMIC DEVELOPMENT AGENCY; GREGORY BRISLAIN, CHICO BUSINESS; AND JERRY ACCRED, EDUCATION; TO SERVE UNTIL JUNE 14, 1989. 11. Appointment to the Butte County Economic Development Corporation. APPOINT MAGGIE BARON, DISTRICT 5 REPRESENTATIVE, TO SERVE UNTIL DECEMBER 31, 1986. 12. Neighborhood Watch signs - staff recommends that the signs, other than those affixed to a building or structure, be allowed with the review and approval of the Public Works Department subject to removal, or relocation, at the property owner's expense within 90 days of notification by mail by the Public Works Director, and that such removal or relocation of the sign is necessary to maintain adequate traffic safety. Removal or relocation shall be accomplished without loss or cast to the county. APPROVE STAFF RECOMMENDATIONS. 13. North Graves Subdivision - a report and resolution have been prepared setting forth a request from exclusion to the City of Chico's Sphere of Influence. ADOPT RESOLUTION 86-96A INITIATING PROCEEDINGS FOR THE EXCLUSION OF THE NORTH GRAVES SUBDIVISION FRONT THE SPHERE OF INFLUENCE OF THE CITY OF CHICO. 14. Southgate Acres Subdivision, Units. 1 and 2 - the developer of the subdivision has requested that the roads constructed be accepted as county maintained roads. Public Works recommends that Baja Court, Laguna Court, Pistachio Drive and Gold Creek Way be accepted as county roads subject to conditions set forth in the Public Works letter dated August 19, 1985. APPROVE RECOMMENDATIONS. 15. Bob Crowley - files a claim in the amount of $35,500 as a result of alleged injuries sustained in a motorcycle accident on May 9, 7986 on East 20th Street in Chico. REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK r~1ANAGEP4ENT. 16. George Robison, attorney at law - on behalf of Frank Louis Tatum, files a claim in the amount of $1,008,500 as a result of alleged damages sustained on or about April 27, 1986 involving the Sheriff's Department. REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 17. Tracy N. Tumlin, attorney at law - on behalf of Donnie Bankston, files a claim in the amount of $1,000,000 as a result of alleged injuries and damages sustained in an automobile accident on or about Rpri1 26, 1986 on the City of OrovilTe maintained portion of Larkin Road. REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. Page 488 August 5, 1986 August 5, 1986 18. George Robison, attorney at iaw - on behalf of Gordon Thomas and Cheryl Thomas, files a claim in the amount of $5,280 as a result of alleged damages sustained on May 23, T986 involving a Welfare Department contract. REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 19. Marry E. Hudson, Jr., attorney at law _ on behalf of Iva M. Lynch, files claim and supplemental claim in the amount of $10,000,000 alleging injuries and damages resulting from a false arrest in Clipper Mills. REJECT CLAIMS AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 20. Law Office of A.. John Merlo - on behalf of Deryl R. Limond, files a claim in the amount of $700,000 as a result of alleged damages sustained on or about P9arch 22 through March 31, 1986 involving his arrest in the Redding area. REJECT CLATM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 21. T. A. Bastian, Jr., attorney at law - on behalf of Bruce William Hunt, files a claim in the amount of $25,000 as a result of alleged damages involving his arrest in Texas on a warrant emanating from Orovi7Te Justice Court on or about April 22, 1986. REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT, 22. Law Office of Maxim N. Bach - on behalf of Orlon L. Ingraham, fiiles a claim in the amount of $2,000,000 plus alleged punitive damages as a result of alleged injuries and damages sustained on or about May 17, 1986 while incarcerated in the Butte County Jail. REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 23. Alvin E. Tabor, attorney at law - on behalf of Donald Wolfe, files a claim in the estimated amount of $1,020,000 as a result of alleged injuries and damages sustained on or about April 28, 1986 while driving his motorcycle on a pathway between the railroad tracks and Nord Street in the Chico area. REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK ~1ANAGEMENT. 24. Performance reports - grantee performance reports have been completed for the 1983-84, 1984-85 and 1985-86 CDBG Arograms. AUTHORIZE THE CHAIRMAN TO SIGN THE PERFORMANCE REPORTS AND SUBMIT TO THE STATE DEPARTMENT OF HOUSTNG AND COMMUNITY DEVELOPMENT. 25. Oroville-Quincy Highway - road easement from PG&E - a road easement deed has been obtained from PG&E at no cost to the county for the future improvements on Oroville-Quincy Highway. ACCEPT EASEMENT DEED AND AUTHORIZE THE CHAIRt4AN TO SIGN. Page 489 August 5, 1986 August 5, 1986 26. Contract Change Orders No. i and No. 2 - Orovi77e-Chico Highway Bridge at Butte Creek, Bridge Replacement Project No. BRSOS-007(78) - CCO No. 1, in the increasing amount of $1,600, provides for reimbursing the contractor at the specified rate of $0.80 per hour for approved trainees participating in the equal employment opportunity affirmative action training program as required in the contract. CCO No. 2, at no cost, provides for a change in the type of prestressed concrete piling from Rlternative "Y" Class 45 to 14" square Class 1000. APPROVE CHANGE ORDERS AND AUTHORIZE THE CHAIRMAN TO SIGN. 27. Contract Change Order No. 2 - Pavement Marking and Signing at Various Locations in Butte County, County Contract No. SP-85-1 - CCO No. 2, in the increasing amount of $540.80 provides for furnishing and placing Type C Red/Clear reflective pavement markers. APPROVE CHANGE ORDER AND AUTHORIZE THE CHAIRMAN TO SIGN. 28. Notice of Completion - Pavement Marking and Signing at Various Locations in Butte County, County Contract No. SP~85-1 - all work has been completed in accordance with the plans and specifications: ACCEPT PROJECT AND AUTHORIZE FILING OF NOTICE OF COMPLETION. 29. 7953 GMC fire engine - the Ei Medio Fire Protection District has agreed to sell a surplus fire engine to Butte County for the amount of $1.00 and acquisition will a11ow the engine to be used by the volunteer mobile fleet. AUTHORIZE THE PAYMENT OF $1.00 RS PAYMENT AND ACCEPTANCE OF A 1953 GMC FIRE ENGINE FROM EL MEDIO FIRE PROTECTION DISTRICT. 30. Public Guardian annual report - the Public Guardian files the 7985-86 annual report of the office. ACCEPT FOR FILING. 31. Investments information report - the Treasurer submits the June 30, 7986 report in accordance with AB T073 and the county's investment policy. ACCEPT FOR INFORMATION. 32. County service area service charges - the Auditor submits a report concerning the establishment of service charges which are the primary source of funding for most of the street lighting and drainage county service areas. DIRECT THAT R REPORT OF SERVICE CHRRGES BE PREPARED IN ACCORDANCE WITH GOVERNMENT CODE §25210.77A, AND THAT SAID REPORT BE FILED WITH THE CLERK OF THE BOARD, SET PUBLIC HEARING DATE FOR SEPTEMBER 16, 1986 AT 11:00 A.M., RND DIRECT THE CLERK TO PUBLISH A NOTICE OF HEARING IN ACCORDANCE WITH §6066 OF THE GOVERNMENT CODE. 33. Butte County Transit fare increase - the Butte County Intercity Transit Committee recommends that fares on the Butte County Transit be increased by $.05 on both midday and commute trips as a result of the increased cost of insurance. APPROVE FARE INCREASE. Page 490 August 5, 1986 August 5, 1986 34. Paradise Justice Court - relief from accountability - the court requests relief from accountability on 12 cases amounting to $2,028. AUTHORIZE RELIEF FROM ACGOUNTRBILITY. 35. Proclamation recognizing dedication of Chico-San. ADOPT RESOLUTION 86-97 AND AUTHORIZE THE CHAIRMAN TO SIGN. 36.~ Resolution proclaiming September 1986 as United Way Month. ADOPT RESOLUTION 86-98 AND AUTHORIZE THE CHAIRMAN TO SIGN. 37. Ordinance establishing speed limit - the Public Works Department has completed a traffic study an Meadow Road and recommends it be speed zoned for 25 miles per hour. WAIVE SECOND READING AND ADOPT ORDINANCE 2539. 38. Salary ordinance amendment - the ordinance adds a public health nurse practitioner to the Health Department staff allocation to conduct Juvenile Ha71 medical services as previously approved by the Board. WAIVE SECOND READING AND ADOPT ORDINANCE 2540. 39. Retainer agreements - standard agreements have been prepared with David W. Kennedy and Michael T. Shepherd to represent the county in litigation/consultation at a rate of $75.00 per hour, plus expenses. APPROVE AGREEMENTS AND AUTHORIZE THE CHAIRMAN TO SIGN. 40. 1986-87 Arts Commission grant contracts - contracts have been prepared with the California Arts Council covering: Level I - $17,000 for arts programming; and Level II - $20,000 in accordance with the local arts plan and the specific project/program submitted. No local funding is required for the programs. ADOPT RESOLUTION 86-99 AND RESOLUTION 86-100 AUTHORIZING THE CHAIRMAN TO SIGN THE STANDARD RGREE~~ENTS WITH THE CALIFORNIA ARTS COUNCIL FOR LEVEL I AHD LEVEL II GRANTS FOR 1986-87. 41. Family Service Association contract - a contract has been prepared with the association to provide for outreach services to the elderly and Spanish-speaking populations. The contract is in the amount of $32,000 and covers the period July 1, 1986 through June 30, 1987 and is funded through a two-year block grant (STEP Project} awarded last year. APPROVE CONTRACT RND AUTHORIZE THE CHAIRMAN TO SIGN. 42. Family Service Association contract - the contract provides far assessment services to youth referred by Mental Health and is in the maximum amount of $6,100 covering the period July 1, 1986 through June 30, 1987. APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 491 August 5, 1986 August 5, 1986 43. Amendment to AB 3632 assessment contracts - Amendment Ho. A-1 to Contract 85-76135 has been prepared in the increasing amount of $449 in order to obtain full reimbursement for services provided by the Mental Health Department covering assessments of children who are suspected of requiring special education services. APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 44. Department of Rehabilitation contract - a three-year contract has been prepared covering fiscal years 1986-87 through 1988-89 with an annual renewal review by the Board covering the delivery of vocational rehabilitation services to alcohol clients in Butte County. Ratio to funding is approximately 20q state ($11,199) and 80% federal ($44,795). APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. 45. Butte County Schools contract - the contract provides for child and adolescent day treatment program in the school setting and is in the maximum amount of $79,334 covering the period July 1, 1986 through June 30, 1987. APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. 46. Esplanade Manor contract - the contract provides for 24-hour residential treatment services to the chronically mentally ill and is in the maximum amount of $29,277 covering the period July 1, 7986 through September 30, 1986. APPROUE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. 47. Medical evaluation services - an agreement has been prepared with the County of Glenn providing for medical evaluation services at the Medical Therapy Unit Clinic at Loma Vista School. The contract is in the amount of $50 per month, not to exceed an adjusted gross maximum of $600 per year. APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. 48. 1986-87 Student Drug Abuse Suppression Program application - an application has been prepared to the State Office of Criminal Justice Planning in the amount of $68,786 for the Student Drug Abuse Suppression Program. ADOPT RES0LUf1ON 86-101 AUTHORIZING THE SHERIFF TO SUBMIT THE APPLICATION. 49. Amendment to food stamp issuance agreement - an amendment has been prepared to the agreement with the U. S. Postal Service increasing the transaction fee from $7.82 per transaction to $1.90, effective October 1, 1986. APPROVE AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 492 August 5, 1986 August 5, 1986 50. AB 1733 child abuse prevention contracts - contracts have been prepared with the following individuals for the periods of time and maximum amounts as indicated: Dennis Bruce 7/1/86 - 12/31/86 $5,000 Eleanor Zahnd 7/1/86 - 12/31/86 $8,000 Karen Knight 7/1/86 - 12/31/86 $5,000 Jim Park 7/1/86 - 12/37/86 $8,000 Dr. Alfred French 7/1/86 - 6/30/87 $9,950 Dennis Bruce 7/1/86 - 12/31/86 $1,500 Family Services 7/1/86 - 12/31/86 $9,950 Janice O'Donnell 7/1/86 - 12/31/86 $5,000 Sally Gjestson 7/1/86 - 12/31/86 $8,000 APPROVE CONTRACTS AND AUTHORIZE THE CHAIRMAN TO SIGN. 51. Welfare contracts - contracts have been prepared with several persons to provide specific services for the periods of time and maximum amounts indicated: Janice O'Donnell (fami]y counseling) Randy Haapanen (family therapy) Parent Education Network (child abuse prevention} 7/1/85 - 6/30/86 $ 5,300 7/7/85 - 6/30/86 $ 2,000 7/1/86 - 6/30/87 $ 94,596 APPROVE CONTRACTS AND AUTHORIZE THE CHAIRMAN TO SIGN. 52. Paradise Pines water quality monitoring contract - an agreement has been prepared with consulting engineer Robert L. Nevin to perform water quality monitoring within County Service Area 4 for 1986-87 in the amount of $3,960. APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. 53. Vision Quest agreement - an agreement has been prepared with Vision Quest National, Ltd., for residential treatment services far children supervised by the Probation Department under order of the Juvenile Court. Contract is in the amount of $2,950 per month per child and covers the period July 1, 1986 through June 30, 1987. APPROVE AGREEMENT AND AUTHORIZE TWE CHAIRMAN TO SIGN. 54. Personnel Department hours - the authorization to change the public to 5:00 p.m. daily to 9:00 a.m. to continue to work from 8:00 a.m. to 5:0 AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 493 Personnel Director requests office hours from 8:00 a.m. 4:00 p.m. daily. Staff will O p.m. ADOPT RESOLUTION 86-102 August 5, 1986 August 5, 1986 55. Senate Bill 1735 {Mello) emergency telephone number tax. AUTHORIZE LETTERS OF SUPPORT. 56. LAFCo Commissioner travel -- the LAFCo budget includes funding for commissioners to attend the CALAFCo annual conference in Santa Cruz on September 17-19, 1986. AUTHORIZE BERNICE STAVELEY, LRFCO COMMISSIONER, TO ATTEND THE CONFERENCE AT AN ESTIMATED COST OF $500. 57. Health Plan COBRA - the President has signed the Consolidated Omnibus Budget Reconciliation Act which requires that employers offer health plan continuance for terminated employees and qualified dependents. ADOPT A POLICY TO SET THE CONTINUATION HEALTH PREMIUM AT 102 OF THE ACTIVE RATE; ADOPT RESOLUTION 86-103 IMPLEMENTING COBRA AND EXTENDING VISION AND DENTIAL COVERAGE FOR RETIREES AFTER JULY 1, 1986; AND APPOINT A TASK FORCE CONSISTING OF THE AUDITOR-CONTROLLER, TREASURER-TAX COLLECTOR, AND PERSONNEL DIRECTOR TO IMPLEMENT COBRA. 58. Communications. a. County Administrative Officers Association of California - the association forwards its report from its meeting held in Sacramento on July 9 to work on a uniform definition of counties' financial problems and to form a consensus on a solution approach. INFORMATION ONLY. b. Margaret K. ,Williamson, Chico - writes responding to the advertisement printed in the July 3, 1986 Chico Enterprise Record. INFORMATION ONLY. c. California Waste Management Board - writes encouraging local governments and landfill/transfer station operators to implement truck tarping programs. REFER TO PUBLIC WORKS FOR REPORT AND RECOMMENDATION. d. Governor's Office of Emergency Services - advises that the Farmers Home Administration Emergency Loan Program had been authorized for Butte County and submits a listing of Farmers Home Administration offices where assistance is available. ACCEPT FOR INFORMATION. e. State Departments of Water Resources and Parks and Recreation - write in response to the Board`s Tetter concerning the clearing of debris from Lake Oroville. INFORMATION ONLY. MOTION: APPROVED THE CONSENT AGENDA. M S VOTE: I Y 2 Y 3 A 4 A 5 Y (Motion carried) Page 494 August 5, 1986 August 5, 1986 Regular Agenda 8b-429 Items removed from the Consent Agenda for Board consideration and action. (39) 1. Architect agreement - Superior Court Department 4 - an agreement has been prepared with Gene Mc~arren to provide architectural services in the remodeling of Superior Court to add Department 4 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. (CONTINUED TO LATER IN THE MEETING.) 2. Amendment No_ 6 - SCT agreement - the amendment extends the agreement through March 31, 1991, reduces the T985-86 contract maximum amount, revises the various tasks and objectives for implementation of the Data Processing Master Plan, and amends the maximum contract amount far each year - action requested - APPROVE AMENDMENT N0. 6 AND AUTHORIZE THE CHAIRMAN TO SIGN. (CONTINUED TO AUGUST 19, 1986.) 3. GAIN Program - office space agreement - an agreement has been prepared with Dahlmeier Brothers and Betty Jean Dahlmeier in leasing office space at 875 Mitchell Avenue, covering the period September 1, 1986 through August 31, 1988 in the amount of $3,130 per month - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHATRMAN TO SIGN, SUBJECT TO REVIEW BY AUDITOR AND COUNTY COUNSEL. (CONTINUED TO AUGUST 19, 198b.) 86-430 Presentation of awards by Sheriff-Coroner Hal T. Brooks: (126} a. Silver Star Award - Sgt. Albert Imhoff b. Distinguished Service Award - Deputy William Anderson c. Commendation Service Award - Deputy Anthony Burdine and Deputy Michael Lydon d. Butte County Sheriff's Recognition Award - Joe Newton SUPERVTSOR WHEELER PRESENT AT THIS TTME. 86-43i Presentation by Patricia A. Long, Butte County United Way executive director, requesting support and permission to distribute United Way materials to county employees. (CONTTNUED TO LATER TN THE MEETING.} (330} 86-432 Items removed from the Consent Agenda for Board consideration and action. (341} 1. Budget transfers. MOTION: APPROVED BUDGET TRANSFERS B-33b, B-337, B-338, B-339, B-340, B-341, B-342, B-343, B-~344 AND B-345. S M VOTE: i Y 2 Y 3 Y 4 A 5 Y (Mahon carried) Page, 495 August 5, 1986 August 5, 1986 2. Architect agreement -- Superior Court Department 4 - an agreement has been prepared with Gene McFarren to provide architectural services in the remodeling of Superior Court to add Department 4. MOTION: APPROVED AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. S M VOTE: l Y 2 N 3 Y 4 A 5 Y (Motion carried} RECESS: 9:27 a.m. RECONVENE: 9:42 a.m. 86-433 1. Closed session - a closed session will be necessary for the purpose of meet and confer. 2. 1986-87 final budget hearing, including the proposed use of revenue sharing funds. (384) (CONTINUED TO LATER IN THE MEETING.) 86-434 Report by Chief Administrative Officer on point meeting of several Boards of Supervisors to ask voter support for relief of state mandated costs. (DISCUSSED; MEASURE TO BE DESIGNATED AS MEASURE A ON THE BALLOT.} (404} 86-435 Report by Chief Administrative Officer and County Counsel on proposed ballot measures: (536} a. Welfare charter amendment. b. Welfare advisory measure. c. Public Administrator charter amendment. d. Superintendent of Schoais charter amendment. MOTION: WAIVED THE FIRST READING OF THE TWO ORDINANCES RELATING TO ITEMS (C) AND {D}. S M VOTE: 1 Y 2 Y 3 Y 4 A 5 Y (Motion carried) (CONTINUED TO LATER IN THE A7EETING.} 86-436 Presentation by Patricia A. Long, Butte County United Way executive director, requesting support and permission to distribute United Way materials to county employees. (1283) CLOSED SESSION: The Board recessed at 10:20 a.m. to hold a closed session on meet and confer, Estrella v. County of Butte, and Butte County v. City of Chico (RDA bond issue). {1390} RECONVENE: The Board reconvened following a closed session on the above. (NO ANNOUNCEMENTS.} CHAIRMAN McLAUGHLIN PRESENT AT THIS TIME. Page 496 August 5, 1986 August 5, 198b 86-437 198fi-87 final budget hearing, including the proposed use of revenue sharing funds. (1421) MOTION: DIRECTED THE BUDGET COMMITTEE TO TAKE INTO CONSIDERATION THE NEW REVENUES THAT ARE AVAILABLE AND TO BUDGET THEM AND DEAL WITH THE ADMINISTRATIVE OFFICE STAFF AND THE AUDITOR AND TO BRING BACK A PROPOSAL TO THE BOARD CONTINUING THE BUDGET HEARING TO AUGUST 26, 1986. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Public Hearings and Timed Items 86-438 Community De~e7apment Black Grant economic de~e7opment project - an application has been prepared far submittal to the State Department of Housing and Community Development for up to $225,000 in CDBG funds for an economic development project, specifically incubator facilities. (1993) h10TION: APPROVED THE APPLICATION FOR THE BLOCK GRANT. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 86-439 Butte County Planning Commission -- proposed negative declaration regarding environmental impact and rezone from R-N {residential nonconforming) to M-1 (light industrial} and R-1 (single family residential) on property located between the Southern Pacific right-of-way and Myers Street, south of D Street, Oroville (File 86-32). (2276) MOTION: FOUND THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION; ADOPTED A NEGATIVE DECLARATION; FOUND THAT THE PROPOSED REZONE CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY GENERAL PLAN; AND ADOPTED ORDiNANC~ 2541 REZONING TO R-1 AND M-1 THAT PROPERTY LOCATED BETWEEN THE SOUTHERN PACIFIC RAILROAD •RIGHT-OF-WAY AND MYERS STREET, SOUTH OF D STREET, OROVILLE AS SHOWN AS A LOCATION EXHIBIT ATTACHED TO THE STAFF FINDINGS. M S VOTE: 1 Y 2Y 3Y 4Y 5Y (Unanimously carried) 86-440 Peter Brownson - proposed negative declaration regarding environmental impact and rezone from U {unclassified} to AR-1 (agricultural residential one acre parcels) for property located on the south side of Rock Creek Road, approximately 1200 feet from its westerly intersection with Cohasset Road, identified as RP 47-51-04, north of Chico {File 86-40). (2351} Page 497 August 5, 1986 August 5, 1986 MOTION: FOUND THE REQUIREMENTS OF CEQA HRVE BFEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION; ADOPTED A NEGATIVE DECLARATION; FOUND THAT THIS PR0~3ECT DOES CONFORM TO THE POLICIES, INCLUDING THE TEXT RND THE MAP, OF THE BUTTE COUNTY GENERAL PLAN; AND ADOPTED ORDINANCE 2542 REZONING TO AR-1 THAT PROPERTY IDENTIFIED A5 AP 47-51-04, PETER BROWNSON. 5 M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 86-441 Recognition of persons wishing to speak. (2445) (**00) 1. Bud Marsh - advised that the Colusa County Soard of Supervisors approved the ballot measure and asked what the Board felt were the obligations of state government toward county governments regarding the various mandated state programs. 2. Glenn Miller - spoke regarding the statement made by Supervisor Wheeler concerning who was the state; his problem with the Sheriff's Department; cutting the fat from the county budget; and the use of • county cars. 3. Neil Lind - spoke regarding the LAFCo meeting on the feasibility study for library service districts and urban service districts for fire and police. 4. John Martin - invited the Board to a public forum that "No GWEN Alliance" is sponsoring on August 7 and 9. 5. Dan Hays - spoke regarding the evaporation ponds and sending it to the Planning Commission. (THIS MATTER TO BE PLACED ON THE AGENDA FOR DISCUSSION ONLY ON AUGUST 19, 1986.} 86-442 Dano~an L. Lanham - appeal of the Planning Commission`s approval of a use permit to allow additional dwelling on property zoned TM-1 (timber mountain - one acre parcels) (item categorically exempt from environmental review) located on the southwest corner of the Skyway and Same Way, identified as AP 65-i0-i7, Paradise. (924} Page 498 August 5, 1986 August 5, 1986 f~lOTION: FOUND THAT THE APPLICATION IS CATEGQRICALLY EXE~IPT CLASS 3-A FROM ENVIRONMENTAL REVIEW PER THE COUNTY GUIDELINES AND CEQA; FOUND THAT THE PROPOSED USE OF THE PROPERTY AS CONDITIONED WILL NOT IMPAIR THE INTEGRITY OF THE ZONE IN WHICH THE LAND LIES AND THAT THE USE WOULD NOT BE UNREASONABLY INCOMPATIBLE WITH OR INJURIOUS TO SURROUNDING PROPERTIES OR DETRIP1ENTAL TO THE HEALTH, GENERAL IdELFARE OF THE PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD OR TO THE GENERAL HEALTH, WELFARE AND SAFETY OF THE COUNTY; AND APPROVED THE USE PERMIT TO ALLOW A SECOND DWELLING FOR PROPERTY ZONED TM-1 ON AP 65-10-17, DONOVAN LRNHAM, SUBJECT TO CONDITIONS 1 THROUGH 4 AND CONDITION 7 AS LISTED ON THE JULY 15, 1986 MEMO, ELIMINATING CONDITIONS 5 AND 6. S M VOTE: 1 N 2 Y 3 Y~ 4 N 5 Y (Motion carried} 86-443 Robert Pyle - appeal of the Planning Commission's denial of a use permit for Paragon Property Management (proposed negative declaration regarding. environmental impact} to allow a second dwelling and a variance to the required lot area on property zoned U (unclassified) located at the southwest corner of West 10th Avenue and Mars Avenue, identified as AP 43-09-2-2, Chico, (1324) MOTION: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED; FOUND THAT THE PROPOSED USE TO ALLOW A SECOND DWELLING IS INCOMPATIBLE WITH THE SURROUNDING LAND USES; FOUND THAT THE PROPOSED VARIANCE WOULD CONSTITUTE A SPECIAL PRIVILEDGE; DENTED THE PROPOSED USE PERMIT TO ALLOW A SECOND UNIT; AND DENIED THE VARIANCE TO MINIMUM LOT SIZE, SIDE-REAR YARDS SETBACK AND THE PARKING STANDARDS. S M VOTE: 1 Y 2 Y 3 N 4 Y 5 N (Motion carried} Rec~u_1 ar A_genda 86-444 Report by Chief Administrative Officer and County Counsel on proposed ballot measures: (1916) a. Welfare charter amendment. b. Welfare advisory measure. c. Public Administrator charter amendment. d, Superintendent of Schools charter amendment. MOTION: WAIVED THE FIRST READING OF THE ORDINANCE A5 A CHARTER AMENDMENT TO PUT THE WELFARE CHARTER AMENDMENT ON THE BALLOT IN NOVEMBER. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 86-445 Report by the Chief Administrative Officer on the City of Chico appropriation limit {Proposition 4). (DISCUSSED; NO ACTION.) (2214} Page 499 August 5, 1986 August 5, 1986 Public Hearings and Timed Items 86-446 Ted Runge - appeal of the Advisory Agency's denial and tentative subdivision map, (proposed mitigated negative declaration regarding environmental impact) AP 58-17-33, eight parcels, property located on the north side of Deadwood Road approximately one mile west of its intersection with Highway 70, Concow area. (2447)(***000) MOTION: FOUND THAT SUFFICIENT EVIDENCE HAS NOT BEEN SUBMITTED TO VERIFY THAT THIS PROJECT COULD CAUSE DAMAGE TO WILDLIFE OR WILDLIFE HABITAT; ADOPTED A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR TED RUNGS, TENTATIVE SUBDIVISION ON AP 58-17-33; FOUND THAT THIS PROJECT CONFORMS TO THE BUTTE COUNTY GENERAL PLAN AND ZONING; UPHELD THE APPEAL OF THE ADVISORY AGENCY'S DENIAL OF THIS PROJECT; APPROVED THE TENTATIVE SUBDIVISION MAP, TED RUNGS, ON AP 58-17-33, APPROVAL BEING SUBJECT TO PUBLIC WORKS CONDITIONS 1 through 11, ENVIRONMENTAL HEALTH CONDITIONS 12 THROUGH 17, AND MITIGATION MEASURES 1 THROUGH 4 RS STATED ON MEMO DATED JULY 24, 1986 FROM DEPARTMENT OF PUBLIC WORKS TO THE BOARD OF SUPERVISORS. S M UOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) RECESS: 3:12 p.m. RECONVENE: 3:35 p.m. Regular Agenda. 86-447 Consideration of request by Dan Hays, Jr., for Board of Supervisors' approval of road alignment and geometries for the Cattlemens' property, AP 40-49-18, 11 lots, property located on the southeast corner of Durham-Pentz Road and Highway 99. (from 7/15/86} {lI6) MOTION: APPROVED THE ROAD ALIGNMENT AND GEOMETRICS OF THE ROADWAY THROUGH THE PARCEL MAP. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 86-448 Report to Board on PG&E application to amend license of the DeSabla-Centerville Project (FERC No. 803). (154) NATION: MOYED TO SEND A LETTER TO PG&E REMINDING THEM OF THEIR PLEDGE TO SEEK A USE PERMIT ON THE LAND USE ISSUE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 500 August 5, 1986 August 5, 1986 86-449 Report by Chief Administrative Officer and County Counsel on proposed ballot measures: (220) a. Welfare charter amendment. b. Welfare advisory measure. c. public Administrator charter amendment. d. Superintendent of Schools charter amendment. (BALLOT ARGUMENTS TO BE SIGNED BY ALL MEMBERS OE' THE BOARD.) CLOSED SESSION: The Board recessed at 3:42 p.m. to hold a closed session on personnel. RECONVENE: The Board reconvened at 3:47 p.m. following a closed session. { NO ANNOUfJCEh1ENTS . } 86-450 Salary ordinance amendment - the ordinance establishes the County Sealer of Weights and Measures position at $346 flat rate biweeEcly and reduces the Agricultural Commissioner`s salary by the same amount. (266) MOTION: WAIVED THE SECOND READING OF THE ORDINANCE. M S VOTE: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) MOTION: ADOPTED ORDINANCE 2543. M S VOTE: 1 N 2 Y 3 NV 4 Y 5 Y (Motion carried} 86-451 Resignation of Norris M. Goodwin as Judge of the Biggs Judicial District and report on the status of the court. (420) MOTION: ACCEPTED THE RESIGNATION. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 86-452 Request for consolidation of elections with the November 4, 198fi General Election. Resolutions have been received from the City of Chico, Chico Area Recreation and Park District, Durham Recreation and Park District, Paradise Recreation and Park District, 0rovi1le-Wyandotte Irrigation District, and Town of Paradise. (465} MOTION: AUTHORISE CONSOLIDATION OF ELECTIONS. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 86-453 Report from Chief Administrative Officer regarding membership in the Mother Lode County Supervisors Association. (498} Page 50I August 5, 1986 August 5, 1986 MOTION: MOVED FOR THE ACTION TO ASK THE CHIEF ADMINISTRATIVE OFFICER, ON BEHALF OF THE BOARD, TO REQUE5T MEMBERSHIP IN THE MOTHER LODE COUNTY SUPERVISORS ASSOCIATION AND TO RESTGN FROM NORTHERN CALIFORNIA SUPERVISORS ASSOCIATION. S M UOTE: 1 Y 2 NV 3 Y 4 Y 5 N (Motion carried) MOTION: TO PAY A PRORATED SHARE OF THE NORTHERN CALIFORNIA SUPERVISORS ASSOCIATIO N DUES. ~1 S VOTE: I Y 2 Y 3 Y 4 Y 5 NV (Motion carried) $6-454 Consideration of request of Solid Waste and Recycling Task Force to conduct a joint meeting of the Chico City Council and Board of Supervisors. (626) (ASKED THAT R REPORT BE SENT TO THE BOARD AND THEN A WORKSHOP BE SCHEDULED WITH THE CHICO ISSUES AND INTERGOVERNMENTAL RELATIONS COMMITTEES.) Closed Hearings 86-445 Drake/Isom - appear of a denied rezone (item on which a supplement to a previously certified environmental impact report is being used} from U {unclassified) and S-H (scenic highway} to R-C (resource conservation) and either A-R (agricultural residential), A-5R {agricu1tural - suburban residential}, 5R-1/2 (suburban residential - i/2 acre parcels) or FR-1/2 (foothill recreational - T/2 acre parcels) on property located on the east side of Humboldt Road, five miles northeast from Highway 99E, identified as AP 46-35-04, 23; 46-7T-17, T$ (portion}, Chico (File 83-50}. (from 7/1/86} {653) SUPERVI50R FULTON ABSENT AT THIS TIME. MOTION: BASED UPON OUR REVIEW OF THE CONTENTS OF THE DRAFT ENVIRONMENTAL IMPACT REPORT, COMMENTS RECEIVED THEREON, AND RESPONSES TO TH05E COMMENTS; T MOVE THRT WE CERTIFY THAT THE FINAL ENVIRONMENTAL IMPACT REPORT HAS BEEN COMPLETED IN COMPLIANCE WTTH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, STATE ENVIRONMENTAL REVIEW GUIDELINES AND THE BUTTE COUrJTY £NVTRONMENTAL REVIEW GUIDELINES. THE FINAL REPORT INCLUDES: (Z} THE~~IULY 1982 REVTSION OF THE CANYON PARK ESTATES ENVIRONMENTAL IMPACT REPORT; (2) THE FINAL SUPPLEMENT TO THE IMPAGT REPORT REGARDING THE SEWAGE TREATMENT PLANT; (3) THE FINAL SECOND SUPPLEMENT TO THE IMPACT REPORT REGARDING. THE REZONING OPTIONS; (4) THE WRITTEN COP~IMENTS AND RESPONSES TO THOSE COMMENTS REGARDING THE REPORT; (5) THE PROPOSED LIST OF CONDITIOPJS, MITIGATION MEASURES AND REVISIONS TO THE LIST; AND (6) THE P~IINUTES OF THIS MEETTNG, INCORPORATED BY REFERENCE. Page 502 August 5, 19$6 August 5, 1986 I WOULD FURTHER MOVE, BASED ON OUR OWN KNOWLEDGE AND RESEARCH AND ON INFORMATION PRESENTED TO U5 CONCERNING THIS PROJECT INCLUDING THE ENVIRONMENTAL IMPACT REPORT WHICH WAS CONSIDERED IN ARRIVING AT R DECISION, THAT WE FIND THAT THE CANYON PARK ESTATES PROJECT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONhtENT AND THAT THIS SIGNIFICANT EFFECT WILL BE REDUCED BUT NOT TOTALLY ELIMINATED BY THE ADOPTION OF THE PROJECT CONDITIONS AND MITIGATION MEASURES. THE PROJECT CONDITIONS RND MITIGATION MEASURES ARE THOSE SET FORTH IN THE ATTACHED LIST. I FURTHER MOVE THAT THE BOARD FIND THAT THE POTENTIAL SIGNIFICANT ENVIRONMENTAL IMPACTS OF THE PROJECT ARE THOSE IDENTIFIED IN THE FINAL ENVIRONMENTAL IMPACT REPORT, AND THE RESPECTIVE PROJECT CONDITIONS AND MITIGATION MEASURES WHICH MITIGATE OR AVOID THE SIGNIFICANT ENVIRONMENTAL IMPACTS-EFFECTS THEREOF ARE AS FOLLOWS: ITEl~! 1 THROUGH 6, AND I WON'T READ THOSE INTO THE RECORD AND THEY ARE LISTED HERE AND I WILL GIVE THOSE TO THE CLERK. I FURTHER MOVE THAT WE REJECT FIVE OF THE ALTERNRTTVES TO THE PROJECT RT THIS TIME FOR THE FOLLOWING REASONS: THEY ARE LISTED FIRST ALTERNATIVE, ALTERNATIVE TWO, ALTERNATIVE THREE, ALTERNATIVE FOUR, ALTERNATIVE FIVE AND ALTERNATIVE STX THAT ARE LISTED ON PAGE 2. I WILL ALSO SUBMIT THOSE TO THE RECORD. I FURTHER MOVE THAT WE APPROVE THE CANYON PARK ESTATES REZONE AND THAT THE BOARD FIND, WHILE WE HAUE DETERMINED TI~AT THE CONDITIONS AND MITIGATION MEASURES WILL REDUCE ENVIRONP~EENTAL IMPACTS, WE RECOGNIZE THAT THE IMPACTS OF THE PROJECT WILL NOT BE TOTALLY ELIMINATED BY THE CONDITIONS AND THE MITIGATION AEASURES. TO THIS EXTENT, THE FOLLOWING OVERRIDING CONSIDERATIONS JUSTIFY APPROVAL OF THE PROJECT: AND THEY ARE ITEMS 1, 2, 3, 4 AND 5 ON PAGE 3 OF THE STAFF'S REPORT TO U5, AND I WILL SUBMIT THOSE TO THE RECORD. THE BOARD FURTHER FINDS THAT THE PROJECT AS APPROVED IS IN CONFORMANCE WITH THE SPECIFIC PLAN ADOPTED BY THE BOARD OF SUPERVISORS ON APRIL 13, 1982 (RESOLUTION 82-63}; AND ADOPT ORDINANCE 2544 REZONING THE PROPERTY FROM U AND S-H TO R-C AND FR-1, AND RESOE.UTIOH NO. 86-104 APPROVING THE AGREEMENT FOR CONDITIONAL ZONING RS SHOWN ON THE EXHIBIT FOR AP 4.6-35-04 AND -23, 46-71-17 AND -18 (PIN) FOR JOHN DRAKE RND HOWARD ISOh9 SUBJECT TO THE FOLLOWING CONDITIONS AND MITIGATION MEASURES: CONDITIONS ARE LISTED AND BEGIN ON PAGE 3 OF THE REPORT WHICH I WILL SUBMIT 1 THROUGH 5 ON PAGE 3, 6 THROUGH 19 ON PAGE 4, 20 THROUGH 30 ON PAGE 5, 31 THROUGH 4D ON PAGE 6, RND 41 THROUGH 45 ON PAGE 7. Page 503 August 5, 1986 August 5, 1986 I EdOULD FURTHER SUBMIT THE ADDENDUMS TO THE EIR AND SUPPLEMENTS FOR CANYON PARK ESTATES. ATTACHMENTS INCLUDE THE SECOND SUPPLEMENT WITH INTRODUCTIONS, FIRST SUPPLEMENT, THE ORIGINAL EIR, THE FTNAL EIR FOR CANYON PARK ESTATES, TABLE OF CONTENTS, INTRODUCTIONS, APPENDIX AND A LTST OF PEOPLE WHO TESTIFIED, AND ALL OF THE APPENDICES ATTACHED TO THE REPORT. AND, FURTHER NOTE THAT ALL BOARD MEMBERS HAVE WITHTN THEIR POSSESSION COPIES OF THE MOTION AND THE RDDENDU~IS FOR THE SECOND SUPPLEMENT, AND THE FIRST SUPPLEMENT RND THE ORIGINAL EIR. S M VOTE: l Y 2 N 3 Y 4 Y 5 A (Motion carried) 86-456 Nichols Trust - proposed mitigated negative declaration regarding environmental impact and rezone from AR-MH-3 (agricultural residential - mobile home - three acre parcels) to PUD (planned unit development) and tentative subdivision map far property located on the northeast corner of Clark Road and Hidden Valley Road, approximately 3/4 mile north of Clear Creek Cemetery Road, identified as AP 41-41-53, south of Paradise (Fi]e 86-18}. (from 7/15/86} (863) (CONTINUED TO AUGUST 19, 1986.) 86-457 1. Butte County Board of Supervisors - proposed negative declaration regarding environmental impact and General Plan amendment to add an "urban reserve" designation and related policy statements to the Land Use Element and a rezone from SR-l (suburban residential - one acre parcels} to A-5 (agricultural - five acre parcels); M-2 (heavy industrial), A-5 and AR-MH-1 (agricultural residential mobile home -- one acre parcels} to A-10 (agricultural - lO acre parcels) and S-R (suburban residential} and R-3 (medium density residential) to SR-1 for property located in the Gridley area (File 85-60 A&B}. (from 7/15/8b) 2. Butte County Planning Commission regarding environmental impact and density residential to commercial commercial} located on the southwest approximately T50 feet north of its identified as AP 43-24--1-27 and 28, (896) - proposed negative declaration General Plan amendment from low on property zoned C-1 {light side of Nord Rvenue (Highway 32}, intersection with Stewart Avenue, :hico {File 86-43). (from 7/75/86} MOTION: FOUND THAT THE REQUIREMENTS OF CEQA HAVE SEEN COMPLETED AND CONSIDERED; ADOPTED A NEGATIVE DECLARATION; FOUND THAT THE PROPOSED URBAN RESERVE DESIGNATION AND REZONE COMPLY WITH THE LAND USE ELEMENT`S POLICIES REGARDING ORDERLY DEVELOPMENT (b}(7}, AND THE HOUSING ELEMENT'S POLICY 3-3(d}, 4(h}; ADOPTED RESOLUTION 86-105 APPROVING THE URBAN RESERVE GENERAL PLAN DESIGNATION FOR THE GRIDLEY AREA LAND USE PLRN DESIGNATED ALL UNINCORPORATED PROPERTIES WITHIN THE GRIDLEY SPHERE OF INFLUENCE AS AMENDED FROM TIME TO TIME, URBAN RESERVE AS SHOWN ON EXHIBIT A-1, AN AMENDMENT TO THE BUTTE COUNTY GENERAL PLAN AND ALSO Page 504 August 5, 1986 August 5, ].9$6 A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS ADOPTING GENERAL PLAN AMENDMENT FOR THE CHICO AREA LAND USE PLAN AND AMENDMENT TO THE BUTTE COUNTY GENERAL PLAN, AND SHOWN AS EXHIBIT B-1. FURTHER, ADOPTED 0RUINAh1CE 2545 REZONING THE PROPERTIES AS SHOWN ON EXHIBITS C-1 THROUGH C-7 A5 FOLLOWS: AREA N0. 2, AREA N0. 3, AREA N0. 4, 5, 6, 7, 8, 10 AND 11; AND THE REZONE DESIGNATIONS ARE ATTACHED TO PLANNING DEPARTP~IENT'S MEMO TO THE BOARD OF SUPERVISORS DATED JULY 22, 1986. S h7 VOTE: l Y 2 Y 3 Y 4 Y 5 A (Motion carried) 86-458 Webb Brothers Construction - appeals Condition 6, 20 and Mitigation Measure 31 on Silver Tree II tentative vesting subdivision (proposed mitigated negative declaration regarding environmental impact}, Ap 42-75-16, 25, 27 and 28, 69 lots, property located on the north side of Bidwell Avenue approximately 2200 feet south and east of its intersection with Sacramento Avenue, Chico. (from 7/15/86} (1045) SUPERVISOR FULTON PRE5ENT AT THIS TIP+IE. MOTION: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN REVIEWED AND POET; THAT THE FOLLOWING Ar9ENDMENTS WERE MADE TO THE ENVIRONMENTAL REVIEW CHECKLIST WHICH IS CALLED APPENDIX F AS FOLLOWS: PAGE 2, 1(b), CHANGE FROM "G" UNDER THE "NO" COLUMN TO A STRAIGHT "NO"; PAGE 2, 1(g), CHANGE FROM A "C" UNDER THE "NO" COLUMPd TO A STRAIGHT "NO"; PAGE 6, THE PARAGRAPH IDENTIFIED 1(g), REMOVE; PAGE 7, THE PARAGRAPH IS IDENTIFIED 4(d), ADD THIS TO THE PARAGRAPH: "THE PROPERTY IS WITHIN THE CHICO URBAN AREA BOUNDARIES AND IS SURROUNDED BY NEARLY FULLY DEVELOPED SUBDIVISIONS WHICH ALREADY SEVERELY COMPROMISES THE ECONOMIC VIABILITY OF THE USE OF THIS LAND FOR AGRICULTURE."; PAGE 7, THE PARAGRAPH IDENTIFIED BY 13, ADD THIS TO THE END OF THE PARAGRAPH: "RESIDENTS AND PROPERTY OWNERS ALSO PLACE GREAT VALUE ON THE RURAL 5CENIC NATURE OF THIS ROAD AS IT EXISTS. ANY PROPOSALS TO WIDEN, STRAIGHTEN, ETC. THE ROAD WOULD GENERATE STRONG OPPOSITION. AN ALTERNATIVE ldOULD BE TO INVESTIGATE METHODS TO ELIMINATE THROUGH TRAFFIC ON BIDWELL AVENUE."; WITH THAT, ADOPTED A MITIGATED NEGATIVE DECLARATION; APPROVED THE TENTATIVE SUBDIVISION VESTING h'!AP FOR SILVERTREE II, FINDING THAT IT CONFORMS WITH THE GENERAL PLAN; AND THAT THE BOARD APPROVED THE CONDITIONS AND MITIGATION MEASURES OUTLINED ON A MEMO PROVIDED TO THE BOARD OF SUPERVISORS BY THE DEPARTMENT OF PUBLIC WORKS, LAND DEVELOPMENT SECTION, WHICH IS DATED JUNE 3, 1986 WITH THE FOLLOWING EXCEPTIONS: CONDITION N0. 20 UNDER PUBLIC WORKS DEPARTMENT CONDITIONS WOULD BE AMENDED TO READ: "NOTE ON FINAL MAP: ANY FURTHER DIVISION OR PERMITS TO DEVELOP LOTS 68 AND/OR 69 WILL REQUIRE A PRORATA CONTRIBUTION TOWARD COSTS OF CREATING A DOUBLE CUL-DE-SAC ON BIDWELL AVENUE AT A POINT TO BE DETERMINED BY PUBLIC WORKS." CONDITION N0. 31, WHICH IS UNDER THE PLANNING DEPARTMENT SUBHEADING, WOULD BE DELETED AND CONDITION 32 WOULD BECOt1E 31. Page 505 August 5, 198b August 5, 19$b 86-459 vaTE: s r~ 1Y 2Y 3Y 4Y 5 Y (Unanimously carried) RECESS: The Board recessed at 4:24 p.m. to convene as the Air Pollution Control District Board of Directors. RECONVENE: The Board reconvened at 4:26 p.m. as the Board of Supervisors. Additional items to be considered at the end of the day: (1224) 1. Martin J. Nichols - report on the counties who have acted on Measure A. 2. Chairman McLaughlin - underground storage tanks. (REPORT FROM HEALTH OFFICER REGARDING UNDERGROUND STORAGE TANK FEES TO BE CONSIDERED ON AUGUST 19, 1986.} RECESS: The Board recessed at 4:27 p.m. to reconvene on Thursday, August 7, 1986 at 11:00 a.m. at the Elks Lodge in Red Bluff. **'~*****August7, 19$b******** 86-460 Ca71 to order - 11:20 a.m. at the Elks Lodge, 355 Gilmore Road, Red Bluff. Present: Supervisors Dolan, Fulton, Mcinturf and Vice Chairman Wheeler. Martin J. Nichols, chief administrative officer and clerk of the Board. Rbsent: Chairman McLaughlin. Recessed meeting - joint meeting of several Boards of Supervisors to ask voter approval for relief of state mandated program costs. 1. Welcoming remarks - Bill Flournoy, chairman, Tehama County Board of Supervisors. 2. Pledge of Allegiance to the Flag of the United States of America. 3. Introduction of Supervisors and counties present. 4. Staff reports on ballot advisory measure from: a. Martin Nichols - Butte County b. Gary Ogg - Glenn County c. John Sims~~- Tehama County d. Dave Andres - Trinity County 5. Introduction of resolution placing advisory measure on the ballot. Page 506 August 7, 1986 _ \ - 1 August 7, 1986 6. Discussion of ballot measure/reports from counties present. 7. Adoption of resolution. MOTION: ADOPTED RESOLUTION 86-106 PLACING MEASURE A ON THE NOVEi~BER BALLOT. S M VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried} 8. Discussion of possible future actions. REGESS: There being nothing further before the Board at this time, the meeting was recessed at ].2:18 p.m. to reconvene on Tuesday, August 19, 1986 at 9:00 a.m. Page 507 August 7, 1980