Loading...
HomeMy WebLinkAboutM101888;. October 18L 1988 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Dolan, Fulton, McLaughlin, Vercruse and Chairman McInturf. Martin d'. Nichols, chief administrative officer; Susan Koff, county counsel; and Carol Roach, assistant clerk to the Board. Pledge of allegiance to the Flag of the United States of America. 88-606 Items removed from the Consent Agenda for Board consideration and action. 1. Approval of minutes - action requested -APPROVE MINUTES OF SEPTEMBER 27, 198$. 2. Resolution of intention to rename a public private road from Seasons Way (Hooker Oak Avenue to end} to Four Seasons Way - action requested - ADOFT RESOLUTION SETTING A PUBLIC HEARING FOR NOVEMBER 15, 1988 AT 11:00 A.M. 3. Public Works consultant services agreement - an agreement has been prepared with Applied Geo Systems of Sacramento in the amount of $18,000 to investigate the potential contamination and to recommend appropriate action to be taken at the site of a leaking diesel tank in the Chico corporation yard -action requested - APPROVE AGREEMENT FOR CONSULTANT SERVICES AND AUTHORIZE THE PUBLIC WOR(CS DEPARTMENT TO SIGN ON BEHALF OF THE COUNTY. 88-607 Consent As~enda 1. Approval of minutes - action requested -APPROVE MINUTES OF SEPTEMBER 20, 1988 AND OCTOBER 4, 1988. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-18 (REGULAR FIRE), B-21 (WELFARE), AND B-22 (SOUTH COUNTY MUNICIPAL COURT). Page 313 October 18, 1988 October 1_8 1988 3. Appointment to Assessment Appeals Board - action requested - REAPPOINT WILLIAM TALLY TO SERVE UNTIL SEPTEMBER 2, 1991. 4. Appointments to Veterans Administration Voluntary Service Committee - action requested - APPOINT ALBERT F. VIENS, PRIMARY MEMBER AND RAY BURTON, ALTERNATE TO SERVE UNDESIGNATED TERMS. 5. Grassing one-foot no access strip - a request has been received for permission to cross a one-foot no access strip on Torey Pine Road in Magalia for the benefit of parcels AP 65-47-20 and 30 - action requested -AUTHORIZE GROSSING OF ONE-FOOT NO ACCESS STRIP. 5. Final map - E1 Varano Estates Subdivision - the developer has provided an irrevocable letter of credit and bond to guarantee construction of improvements and maintenance of facilities for a period of one year on the 21 lot subdivision, AP O7-41-15, property located on the west end of E1 Varano Way, Chico area - action requested - APPROVE THE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS 2 AND 3 OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE EL MIRASOL COURT AND EL VARANO WAY AS OFFERED IN ITEM 1 OF THE OWNER'S CERTIFICATE; AND AUTHORIZE THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT. 7. William L. Short, attorney-at-law - on the behalf of John and Ellen McQueen, files a claim in the amount of $30,000 as a result of alleged damages sustained on or about March 5, 1988 involving the Sheriff's Department - action requested -REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 8. South County Municipal Court mobile office - Board authorization is requested to purchase rather than lease, a 8' x 24' mobile office trailer from Commercial Modular Technology of Livermore in the amount of $7,731. Budget transfer 8-22 has been prepared to provide the necessary appropriation -action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM. 9. Award of bids - trucks and chassis - bids have been opened for the purchase of three one-ton cab and chassis 4x4) with utility bodies and two 4-5 yard dump trucks for the Public Works Aepartment with the low bidders meeting specifications being Ed McConnell Ford of Gridley for the cab and chassis in the total amount of $59,758.56 and F. B. Hart Company of Sacramento for the dump trucks in the amount of $78,336 - action requested - AUTHORiZE AWARD OF BIDS. 10. Public works mobile radios - Board authorization is requested for the purchase of eight additional mobile radios at the estimated cost of $4,226 which is available from savings within the department - action requested - AUTHORIZE PURCHASE OF FIXED .ASSET ITEMS, Page 314 October 18, 1988 October 1~ 1988 11. Investments information report - the Treasurer-Tax Collector submits the September 30, 1988 report in accordance with AB 1073 and the county's investment policy - action requested -ACCEPT FOR INFORMATION. 12. Resolution recognizing the Butte County Forum far Youth at Risk - action requested - ADOPT RESOLUTION 88-147 AND AUTHORIZE THE CHAIRMAN TO SIGN. 13. Resolutions recognizing pro tem fudges for the South County Municipal Court in 1988 - action requested - ADOPT RESOLUTIONS 88-14$ THROUGH 88-156 OF APPRECIATION FOR JEFF KORBER, LEO BATTLE, DAN MONTGOMERY, CARROLL RAGLAND, GREG BRISLAIN, VALERIE MILLER, MICHAEL MORAN, G. STEVEN JONES, AND ROBERT BOEHM. 1d. Resolution deeming general fund agencies of the County of Butte to have paid Sheriff's civil fees in advance of service - action requested -ADOPT RESOLUTION 88-157 AND AUTHORIZE THE CHAIRMAN TO SIGN. 15. Resolution revising personnel rules regarding assignments to higher level classifications -action requested - ADOPT RESOLUTION 88-158 REVISING PERSONNEL RULES IN ACCORDANCE WITH MINUTE ORDER 88-333 DATED JUNE 21, 1988. 15. Salary ordinance amendment ratifying a memorandum of understanding with the social service workers unit, represented by the Butte County Employees' Association to effect the salary changes contained therein - action requested - WAIVE THE FIRST READING OF A SALARY ORDINANCE AMENDMENT IMPLEMENTING THE SALARY PROVISIONS OF THE MEMORANDUM OF UNDERSTANDING RATIFIED BY THE SOCIAL SERVICE WORKERS UNIT AND THE BOARD 4F SUPERVISORS ON MARCH 22, 1988. 17. Hazardous materials training grant - contract No. 87-T0067 has been prepared with the State Department of Health Services which provides $2,200 to help defray the cost of training hazardous materials response personnel -action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR. 18. S. A, Cheeseman, M.D. contract - the agreement provides for psychiatrist services brought about by the inability to recruit and hire permanent. full time psychiatrists, Contract is in the amount of S55 per hour far a maximum of $17,15© covering the period October 1, 1988 through June 3fl, 1989 -action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR. Page 315 October 18, 1988 October 1~ 1988 19. Rabies and animal control services agreement -the current agreement with the Northwest SPCA terminates October 17, 1988 and the new agreement provides for services commensurate with the reduced level authorized by the Board during budget hearings - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR. 2fl, Stanford University Medical Center agreement -the agreement provides far a physician assistant to receive clinical experience with the Butte County Department of Public Health - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR. 21. 1988-89 maternal, child, and adolescent health agreement - contract no. 88-93608 has bean prepared with the State Department of Health Services in the amount of $29,500 to assist in local perinatal, maternal, and child health program efforts - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR. MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH REMOVAL OF THE MINUTES OF SEPTEMBER 27, 1988 AND ITEMS 3.03 AND 3,19. M S VOTE: 1 Y 2 Y 3 X 4 Y 5 Y {Unanimously carried} 1te~ular Agenda 88-608 Items removed from the Consent Agenda for Board consideration and action. 1. Approval of minutes - action requested -APPROVE MINUTES OF SEPTEMBER 27, 1988. S M VOTE : 1 Y 2 Y 3 Y 4 Y 5 Y MOTION: MOVE TO APPROVE MINUTES OF SEPTEMBER 27, 1988 WITH THE MOTION ON FAGS 297, MINUTE ORDER 88-586 AMENDED AS FOLLOWS: MOTION: MOTION OF INTENT TO DENY THE APPEAL AND DIRECT STAFF TO WORK WITH THE CHICO AREA RECREATION AND PARK DISTRICT TO WRITE UP THE PROPOSED MEASURE TO MITIGATE PARK FEES. M S YOTE: 1 N 2 Y 3 Y ~# N 5 Y {Motion carried) (Unanimously carried? Page 316 October 18, 1988 October 1~ 1988 2. Public Works consultant services agreement - an agreement has been prepared with Applied Geo Systems of Sacramento in the amount of $18,000 to investigate the potential conta~aination and to recommend appropriate action to be taken at the site of a leaking diesel tank in the Chico corporation yard -action requested- APPROVE AGREEMENT FOR CONSULTANT SERVICES AND AUTHORIZE THE PUBLIC WORKS DEPARTMENfi TO SIGN ON BEHALF OF THE COUNTY, {58) MOTION: MOVE FOR ACTION AS REQUESTED. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 88-609 Presentation of resolutions of appreciation. (164) {PRESENTATION OF RESOLUTIONS OF APPRECIATION BY CHAIRMAN McINTURF ON BEHALF OF THE BOARD OF SUPERVISORS RECOGNIZING PRO TEM JUDGES FOR THE SOUTH COUNTY MUNICIPAL COURT IN 1988 TO LEO BATTLE, ROBERT BOEHM, GREG BRISLAIN, JEFF KORBER, VALERIE MILLER, DAN MONTGOMERY, CARROLL RAGLAND AND SANDY WINSLpW 4F THE SOUTH COUNTY MUNICIPAL COURT ON BEHALF OF G. STEVEN JONES AND MICHAEL MORAN.) 88-510 Appointments - commissions and committees. {26fl) a. Appointment of nominees where a declaration of candidacy farm has not been filed for the November 8, 198$ uniform district election -action requested -MAKE APPOINTMENTS TO LIME SADDLE COMMUNITY SERVICES DISTRICT, MAGALIA COUNTY WATER DISTRICT, DURHAM IRRIGATION DISTRICT, AND RICHVALE RECREATION AND PARK DISTRICT. MOTION: MOVE FOR ACTION AS REQUESTED. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) b. Appointments to committee vacancies. (NONE) 8$-fi11 Presentation of resolution of appreciation. {360) (PRESENTATION BY CHAIRMAN McTNTURF ON BEHALF OF THE BOARD OF SUPERVISORS TO DR. JERRY ACCRED OF THE BUTTE COUNTY OFFICE OF EDUCATION RECOGNIZING THE BUTTE COUNTY FORUM FOR YOUTH AT RISK.) 88-512 Consideration of rescheduling November 15, 1988 meeting. (BOARD DIRECTED THAT THE REGULAR MEETING OF NOVEMBER 15, 1988 BE LIMITED TO ONE-HALF DAY AND THEN ADJOURN SO THAT STAFF AND MEMBERS OF THE BOARD MAY ATTEND THE BUTTE COUNTY FORUM FOR YOUTH AT RISK IN CHICO IN THE AFTERNOON.) Page 317 October 18, 1988 October 1~ 198$ 88-b13 Items removed from the Consent Agenda for Board consideration and action. 1. Resolution of intention to rename a public private road from Seasons Way (Hooker Oak Avenue to end) to Four Seasons Way - action requested - ADOPT RESOLUTION SETTING A PUBLIC HEARING FOR NOVEMBER 15, 19$8 AT 11:00 A.M. MOTION: MOVE TO ADOPT RESOLUTION 88-146 SETTING A PUBLIC HEARING FOR NOVEMBER 15, 1988 AT 11:00 A.M. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 88-614 Presentation of Butte County Major Corrections Needs Assessment and Master Siting Plan by the Institute for Law and Policy Planning - action requested -ADOPT RESOLUTION APPROVING THE NEEDS ASSESSMENT AND FLAN. (453) MOTION: MOVE TO ADOPT RESOLUTION 8$-153 APPROVING THE NEEDS ASSESSMENT AND PLAN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 88-615 Consideration of ordinance establishing the position of Assessment Systems Technician classification in the Assessor's Office -action requested - WAIVE THE FIRST READING OF THE ORDINANCE. (.1149) MOTION: MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 88-616 Consideration of establishing an ad hoc citizens group to prepare a recommendation for the establishment of a Board of Supervisors' appointed AIDS task force. (1179) MOTION: MOVE THAT THIS MATTER BE PLACED ON THE BOARD'S NEXT CONSENT AGENDA, AND WITH THE LACK OF ANY FURTHER TNFUT ANDIOR APPLICATIONS, THAT THESE FIVE PEOPLE BE APPOINTED TO THIS COMMITTEE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 88-617 Consideration of status report from the Public Defender Advisory Committee. X1404) Page 31$ October 18, 1988 ~-. October 18 1988 MOTION: MOVE TO DIRECT THE CHIEF ADMINISTRATIVE OFFICER fi0 ANALYZE THE FEASIBILITY OF ESTABLISHING A COUNTY PUBLIC DEFENDER OFFICE, AND TO DO SO IN LIGHT OF OUR SERVICE NEEDS AND FINANCIAL CAPABILITY TO FUND. M S VOTE; 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} Communications 88-618 Communications received and referred. {COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Joe Vandevoort, Oroville -submits notice of termination for public defender services contract - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICE AND PUBLIC DEFENDER ADVISORY COMMITTEE. (CHIEF ADMINISTRATIVE OFFICER ADVISED THE BOARD THAT THE CANCELLATION PROVISION ON THE PUBLIC DEFENDER SERVICES CONTRACT IS 90 DAYS, AND WITHOUT RENEWAL THE CONTRACT WILL EXPIRE APPROXIMATELY THE END OF THE YEAR. Regular Agenda 88-619 Discussion of letter from Chico Area Recreation and Park District requesting the establishment of a park fee on new residential development. (1475) MOTION: MOVE TO DIRECT STAFF TO DRAFT THE NECESSARY ORDINANCE, AND ADOPT THE FEE BY RESOLUTION. S M VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried) 88-b20 Discussion of marijuana eradication funding - action requested - ADOPT POLICY POSITIONS AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER AND AUTHORIZE THE CHAIRMAN TO SIGN LETTERS ON BEHALF OF THE COUNTY. (1490) MOTION: MOVE TO ADOPT A POLICY RECOMMENDATION THAT FUNDING PREVIOUSLY AUTHORIZED BY SB 1139 (CHAPTER 1563, 1985} REMAIN WITH THE COUNTIES OF BUTTE, TRINITY, HUM$OLDT, AND MENDOCINO; ADOPT A POLICY RECOMMENDATION THAT ANY FUNDING FOR MARIJUANA ERADICATION ALSO INCLUDE FUNDING TO ADEQUATELY COMPENSATE COUNTIES FOR THE ASSOCIATED COSTS; AND AUTHORIZE THE CHAIRMAN TO SIGN LETTERS TO THE APPROPRIATE LEGISLATORS EXPLAINING BUTTE COUNTY'S POSITION. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 319 October 18, 1988 October 18,E 1988 88-621 Budget reduction plans - the department heads have submitted five percent reduction plans as requested by the Board - action requested - POLICY DISCUSSION AND DIRECTION ON THE BUDGET SHORTFALL. {1700) MOTION: MOVE FORWARD WITH THE FIVE PERCENT REDUCTION AS A POLICY; ASK CHIEF ADMINISTRATIVE OFFICER TO LOOK AT EACH BUDGET AND SATISFY THEMSELVES, KNOWING WHAT THE BOARD'S PRIORITIES ARE, THAT THESE ARE THE BEST FIVE PERCENT CUTS WITHIN EACH DEPARTMENT THAT CAN BE MADE; AND ACCEPT ELIMINATION OF THE POSITION OF PURCHASING OFFICER FROM THE ADMINISTRATIVE OFFICE $UDGET AS THEIR FIVE PERCENT. S M VOTE: 1 Y 2 Y 3 N 4 Y 5 Y {Madan carried} {DIRECT STAFF TO SCHEDULE THE AFTERNOON 4F OCTOBER 25, 1988 FOR DEPARTMENT HEADS TO MARE PRESENTATIONS BEFORE THE BOARD RE BUDGET REDUCTIONS.} RECESS: 10:25 A.M. RECONVENE: 10:45 A.M, {NEIL McCABE, DEPUTY COUNTY COUNSEL FOR suSAN ROFF, COUNTY COUNSEL.} Public Hearings and Timed Items 88-622 Revised nitrate action plan. a. Consideration of adopting an amended nitrate action pion with the addition of language regarding annexation to the City of Chico. {2620} MOTION: MOVE TO ADOPT THE AMENDED NITRATE ACTION PLAN WITH THE ADDITION OF THE FOLLOWING LANGUAGE: V. ANNEXATION TO THE CITY OF CHICO THE CITY OF CHICO SHALL NOT REQUIRE THAT PROFERTX OWNERS BE ANNEXED TO THE CITY OR AGREE TO WAIVE THEIR RIGHTS TO FROTEST ANNEXATION TO THE CITY IN ORDER TO BE CONNECTED TO THE SEWER COLLECTION SXSTEM ANA THE WATER POLLUTION CONTROL PLANT. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y EUnanimously carried} Page 320 October 18. 1988 October 18~, i988 b. Consideration of a resolution making application to the Butte County Local Agency Formation Commission for establishment of county service area to implement the nitrate action plan W action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIRNAN TO SIGN. MOTION: MOVE TO ADOPT RESOLUTION 88-16D AND AUTHORIZE THE CHAIRMAN TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) c. Consideration of letter from the City of Chico requesting a meeting with the full Board of Supervisors on October 24, 19$8 on the draft amended nitrate action plan -Chico sphere of influence. 13040) {**00) MOTION: MOVE THAT WE AGREE TO A JOINT MEETING WITH THE CHICO CITY COUNCIL ON OCTOBER 2~, 198$ IN THE EVENING, IN CHICO, ON THE DRAFT AMENDED NITRATE ACTION PLAN - CHICO SPHERE OF INFLUENCE. S M VOTE: l Y 2 Y 3 Y 4 N 5 Y {Motion carried) 88-623 Consideration of acarine mite issues: a. Report from Agricultural Commissioner on acarine mite survey. {65) MOTION: MOPE TO AUTHORIZE THE AGRICULTURAL COMMISSIONER TO WRITE A LETTER TO THE DIRECTOR OF THE STATE DEPARTMENT OF FOOD AND AGRICULTURE ADVISING THEM THAT BUTTE COUNTY'S BOARD OF SUPERVISORS WISHES NOT TO PARTICIPATE IN THE CONTROL ZONE PURSUANT TO AB 2992. M S VOTE: i Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) b. Discussion of acarine mite sunset clause (ordinance 2639). {DIRECTION THAT IT IS THE BOARD'S INTENTION THAT ORDINANCE 2639 EXPIRE PURSUANT TO ITS SUNSET CLAUSE ON NOVEMBER 17, 1988.) c. Ordinance repealing Chapter 19 of the Butte County Code entitled "Acarine Mites" and enacting new Chapter 39 entitled "Honey Bee Tracheal Mite Control" - action requested - WAIVE THE SECOND READING AND ADOPT THE ORDINANCE. ENO ACTION TAKEN.) {SUPERVISOR McLAUGHLIN ABSENT) Page 321 October 1S, 1988 ~. October 1~ 1988 88-624 Public hearing -renaming of private roads in the Chico address area - a portion of Vilas Road (Cohasset Road to Gates Road) to Mud Creek Road and Gates Road (Vilas Road to Musty Buck Road) to Mud Creek Road. (449) MOTION: MOVE TO ADOPT RESOLUTION 88-151 RENAMING OF PRIVATE ROADS IN THE CHICO ADDRESS AREA AS RECOMMENDED. S M VOTE: Z Y 2 Y 3 Y 4 AB 5 Y {Motion carried} (SUPERVISOR McLAUGHLIN PRESENT} 88-625 Public hearing - Pete and Donna Ielati - rezone (proposed negative declaration with mitigation measures regarding environmental impact} from L-I {limited industrial} to M-1 {light industrial} on property located between Pacific Heights Road and State Highway 70, approximately 1/4 mile south of Georgia Pacific Way, identified as AP 36-51-20 and 36-51-44, Oroville. (493) MOTION: MOVE FOR APPROVAL AS FOLLOWS: A. FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE DECLARATION WITH MITIGATION MEASURES ATTACHED; B. FIND THAT THE PROJECT COULD HAVE A SIGNIFICANT AFFECT ON THE ENVIRONMENT, BUT WILL NOT IN THIS CASE BECAUSE OF THE ADOFTED MITIGATION MEASURES ATTACHED; C. FIND THAT THE PROJECT CONFORMS TO THE FOLICIES, INCLUDING THE TEXT ANA MAP OF THE BUTTE COUNTY GENERAL PLAN BECAUSE OF THE FACT IT IS IN THE FLOODPLAIN LIMITS THE PERMANENT ESTABLISHMENT OF NORMAL LIMITED INDUSTRIAL OR M-1 TYFE FACTLITTES; AND D. ADOPT ORDINANCE 2710 REZONING TO M-1 THAT PROPERTY IDENTIFIED AS AP 036-51-0-020-0 AND 036-51-0-044-0; AND E. ADOPT RESOLUTION 88-162 APPROVING THE AGREEMENT ATTACHING THE FOLLOWING CONDITIONS TO THE REZONE: 1. ALL EXTERIOR LIGHTING IS TO BE SHIELDED AND/OR DIRECTED AWAY FROM NEIGHBORING PROFERTIES AND STREETS INCLUDING HIGHWAY 70, 2. ESTABLISH AND MAINTAIN A LIVING CONDITION SIGHT OBSCURING LANDSCAPING ALONG THE EASTERLY PROPERTY LINES ADJACENT TO THE HIGHWAY 70 RIGHT-OF-WAY. Page 322 October 18, 1988 October 18,E 1988 3. AT LEAST 50 PERCENT OF THE SUBJECT PROPERTY WILL BE DEVOTED TO LANDSCAPING AND VEGETATION. 4. ENCLOSE BUILDING AREAS TO BE LIMITED TO NO MORE THAN 20 PERCENT OF THE TOTAL LOT AREA. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) Regular Acrenda 8$-62b Closed hearing -Butte Environmental Council appeal of the Advisory Agency's approval of a mitigated negative declaration for the Webb Homes, Greenfield tentative vesting subdivision map, 153 lots located on the west side of the Esplanade, approximately 800 feet south of Eaton Road, identified as AP OG-50-O1, Chico area. {587} MOTION: HAVING REVIEWED THE ENVIRONMENTAL REVIEW CHECKLIST, I MOVE TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT WITH MITIGATION MEASURES FOR THE GREENFIELD VESTING TENTATIVE SUBDIVISION MAP ON AP O6-5a-O1, FINDING THAT THIS PROJECT IS IN CONFORMANCE WITH THE BUTTE COUNTY GENERAL PLAN AND BUTTE COUNTY ZONING AND WILL NOT HAVE A SIGNTFTCANT EFFECT ON THE ENVIRONMENT PROVIDED THE ADOPTED MITIGATION MEASURES ARE COMPETED WITH. I FURTHER MOVE TO DENY THE APPEAL OF THE ADVISORY AGENCY'S APPROVAL OF THE PROJECT AND APPROVE THE PROJECT SUBJECfi TO PUBLIC WORKS CONDITIONS 1 THROUGH 20, PLANNING DEPARTMENT CONDITIONS 27 THROUGH 31 AND MTTTGATTON MEASURES 32 fiHRDUGH 39~ AS NOTED TN THE LETTER FROM BUTTE COUNTY TO THE APPLICANT DATED AUGUST 2, 1988. APPROVAL IS ALSO SUBJECT TO ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS 1 THROUGH 6 AS NOTED ON MEMO TO PUBLIC WORKS FROM ENVIRONMENTAL HEALTH DATED AUGUST 18, 1988. CONDITION 31. AS NOTED IN LETTER FROM BUTTE COUNTY TO THE APPLICANT, DATED AUGUST 2, 19$8 IS CHANGED TO READ AS FOLLOWS: "PLACE THE FOLLOWING NOTE ON FINAL MAP: LOT OWNER WILT, NOT OPPOSE THE FORMATION OF ANY DISTRICT PURSUANT TO SECTION 22500 ET SEQ. OF THE STREETS RND HIGHWAYS CODES, FOR THE PURPOSE OF PROVIDING MAINTENANCE OF FAR~C AND RECREATIONAL FACILITIES WITHIN THE CHIGO AREA RECREATION ANA PARK DISTRICT BOUNDARIES". THE FOLLOWING MITIGATION MEASURE IS ALSO ADDED TO THIS APPROVAL: Page 323 October 18, 1988 October 18, 1988 "PLACE THE FOLLOWING NOTE ON FINAL MAP: LOT OWNERS AGREE TO PAY PARK MITIGATION FEES WHENEVER THEY MAY BE REQUIRED BY COUNTY ORDINANCE OR RESOLUTION. OWNER ACKNOWLEDGES THAfi NO SUCH ORDINANCE OR RESOLUTION WAS IN EFFECT` AS OF THE DATE OF FILING OF THE TENTATIVE MAP FOR THIS SUBDIVISION". M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) RECESS: 11:20 A.M. RECONVENE: 11:4fl A.M. Public Hearings and Timed Items 88-627 Public hearing - fiom Morgan - rezone (proposed negative declaration regarding environmental impact} from "U" {unclassified}, A-R {agricultural-residential), C-1 (light commercial} to FR-5 {foothill-recreational, five acre parcels} and FR-1fl {foathill- recreational ten acre parcels), located on both sides of Neal Road just south of the Town of Paradise, identified as various AP#. {705} MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE DECLARATION; FIND THAT THE PROPOSED REZONE CONFORMS TO THE POLICIES INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY GENERAL PLAN, AND IT TS BENEFICIAL TO THE PROTECTIQN OF THE PROPERTY OWNERS, THEIR RIGHTS AND LAND VALUES AND A BENEFIT TO THE PUBLIC AT LARGE; AND ADOPT ORDINANCE 2711 REZONING TO FR-5 THOSE PROPERTIES IDEITTIFIED AS AP 55-45-1fl, 11 AND 12; 55-36-23; 55-35-2, 3, 4, 6, 7, 8, 17, 18, 19, 20, AND FR-1fl FOR THOSE PROFERTIES IDENTIFIED AS AP 55-ifs-10, 12, 13, 14, 15; 41-09-12, 13, 15, 18 AND 19; 55-35-1fl, 12, 13, 21, 22, 23, 24, 39, 40 AND 41. S M VOTE: 1 Y 2 Y 3 N 4 Y 5 Y {Motion carried) (SUPERVISOR VERCRUSE'S SPECIFIC OBJECTION IS TO THE FR-5 ZONE.) 88-628 Public Comment. {PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHI$ITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF TT TS NOT LISTED ON THE AGENDA.} 0.055) {NONE) Page 324 October 18, 1988 October 18~ 1988 88-629 GOOSED SESSION: The Board recessed at 11:53 a.m. for a closed session on personnel and actual litigation: Mason vs. County of Butte, No. 96251/ ~3 Civil C00393fl, a dental matter; Mary Fickler vs. Butte County Welfare Department, No. 94068; County of Butte vs. Earl Garner, grading ordinance; James Causey vs. County of Butte, a workman's compensation matter; and Friends of the Foothills, et al. vs. County of Butte, No. 80450. RECONVENE: The Board reconvened at 12:45 p.m. following a closed session on personnel and actual litigation. X1100) (NO ANNOUNCEMENTS) RECESS: There being nothing further before the Board at this time, the meeting was recessed until Monday, October 24, 1988 at 7:flfl p.m. at the Chico City Council chambers. r Chairman Board of Supervi rs ATTEST: MARTIN J. NICBOL Chief Administrative Officer and C rk of the oard of Supervisors By: Page 325 October 18, 1988