BOARD OF SUPERVISORS

February 13, 2007

The Lassen County Board of Supervisors convene in Regular Session at 9:03 a.m. Chairman Dahle asks for public comment and no comments are received. Deputy County Clerk Osgood announces the Closed Session items and the Board recesses to Closed Session at 9:03 a.m. to discuss: a) Conference with Legal Counsel: Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: McConnell v. Lassen County, - 2:05-CV-00909-FCD-DAD and Snitkin v. Lassen County - 2:05-CV-01217-DFL-CMK; b) Conference with Labor Negotiator John Ketelsen: May include the following bargaining units - a) Lassen County Peace Officers Assn. (LCPOA), b) United Public Employees of California (UPEC) c) Lassen County Road Workers Assn. (LCRWA), d) Mid-Management, e) Lassen County Peace Officers Assn. Supervisors Unit (LCPOASU), f) Lassen County Peace Officers Assn. Management Unit (LCPOAMU), g) Management. c) Claims: Claim of Kristie Rohlfing presented September 29, 2006 and claim of Alma Ochoa presented January 22, 2007.

Present in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, and Brian Dahle; County Counsel Craig Settlemire, County Administrative Officer John Ketelsen, and Deputy County Clerk Osgood. Supervisor Hanson is absent. Supervisor Chapman arrives at 9:18 a.m. Closed Session is recessed at 9:42 a.m.

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, February 13, 2007, at 9:44 a.m. Present: Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle; County Counsel Craig Settlemire, County Administrative Officer (CAO) John Ketelsen and Deputy County Clerk Susan Osgood. Supervisor Hanson is absent. Following the flag salute, the invocation is offered by Supervisor Dahle.

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION
The Deputy County Clerk announces the Closed Session dealt with discussion on : a) Conference with Legal Counsel: Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: McConnell v. Lassen County, - 2:05-CV-00909-FCD-DAD and Snitkin v. Lassen County - 2:05-CV-01217-DFL-CMK – No reportable action taken; b) Conference with Labor Negotiator John Ketelsen: May include the following bargaining units - a) Lassen County Peace Officers Assn. (LCPOA), b) United Public Employees of California (UPEC) c) Lassen County Road Workers Assn. (LCRWA), d) Mid-Management, e) Lassen County Peace Officers Assn. Supervisors Unit (LCPOASU), f) Lassen County Peace Officers Assn. Management Unit (LCPOAMU), g) Management – 1) Approve MOU with UPEC and 2) approve MOU with Mid-Management Unit for period July 1, 2006 through June 30, 2009; c) Claims: Claim of Kristie Rohlfing presented September 29, 2006 and claim of Alma Ochoa presented January 22, 2007 – Both claims are rejected; notice to be given.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

Supervisor Keefer requests the meeting be adjourned in memory of Jeanette Louise Ackert and Al Corey. Supervisor Chapman requests the meeting also be adjourned in memory of George N. McDow, Jr.

It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to approve the agenda with the noted changes.

PUBLIC COMMENT

1. Medical marijuana user Dennis Hinze states he has spoken to the Board in the past and again asks for support of the Medical Marijuana ID program. He states that he knows the Supervisors were waiting to see what happened in San Diego County and distributes a San Diego County Court ruling against the County of San Diego, and in favor of cooperatives and individual users of medical marijuana. The ID program is in effect and cards are available in 24 counties and 4 additional counties have approved the ID program. The ID program is not a violation of federal law, whether or not the medical use of marijuana is a violation of federal law. He states he has been asked to remind the Supervisors if they do not act on this, it would be a violation of state law. He feels the Supervisors put a lot of time and energy into their jobs and they deserve everything they have coming for pay.

2. Fair Manager Jim Wolcott presents the Supervisors with a letter from the California Fairs Association and asks if a Supervisor and Assistant to CAO Julie Morgan would like to attend a March 6 meeting with him and three of his Fair Advisory Board members. The meeting will have to do with funding of fairs, they will receive updates on where to get funding, and should get some answers.

3. Poet Laureatte Violet Stout reads a poem titled “A Valentine Birthday” in honor of her granddaughter Erika Mankins’ 16^th birthday.

UNAGENDIZED BOARD REPORTS

1. Supervisor Pyle reports that Susan River Fire Department member Jim McCarthy announced the members are starting the process of looking into adding first responder to the department. Supervisor Pyle attended the Abandoned Vehicle Abatement Board and Mrs. Coye from Doyle was appointed to the board. He met with Nevada County Supervisor Sue Horn (RCRC President this year) who is running for the Assembly; he will be endorsing her.

2. Supervisor Pyle attended services for 9-year old Westwood boy Ross Cowen. Met with Lou Istrice who is a member of the Famly Resource Center and President of Fletcher Walker School. They will be working with Deputy CAO for Health and Social Services Kevin Mannel on holding community forums regarding: detection of and intervention of at risk behaviors, safe community for children, physical health and basic needs, social adjustment experiences, emotional mental health for the public.

3. Supervisor Pyle reports that former Chief Chris Gallagher was the District 1 Fish and Game appointee. No letter of resignation has been received but that vacancy will need to be advertised.

4. Supervisor Pyle donates his discretionary money: $2,000 to the Westwood Community Services District Parks Fund; $500 to Richmond Community Association; and $200 to the Westwood Theatre for Kids.

5. Supervisor Keefer states he will be absent from the next board meeting. He donates $600 of his discretionary money to the Janesville Town Council for a kiosk at Janesville Park, for materials only. A local Boy Scout will be doing the project as part of his Eagle Scout requirement.

6. Supervisor Keefer attended the LAFCO meeting February 12th where the spheres of influence for the Westwood Community Services District (CSD) and Leavitt Lake CSD were approved. Westwood had no change and there was a minor addition to Leavitt Lake. A workshop was held for Clear Creek CSD sphere of influence and Stones-Bengard CSD municipal service review. He also attended RCRC in Sacramento when Sue Horn was installed as chair and also endorses her for the Assembly.

7. Supervisor Keefer and Agriculture Commissioner Ken Smith met with the Janesville Elementary School Principal regarding neighbors close to the school burning and creating a smoke condition that is a concern. This issue will be brought to the air board at their next meeting; Ken Smith will talk with the adjacent neighbors. Supervisor Keefer states the meeting with Senator Dave Cox went well and thanks CAO Ketelsen and staff for preparing briefing issues. Spoke about water, prison expansion, lack of timely reimbursement from prison trial fund. Intended to attend Susan River Fire meeting but was told it had already taken place.

8. Supervisor Chapman reports on January 25th meeting with CalTrans District Director Brian Crane; met with new Chester Supervisor Sherry Thrall; she has some issues with Lake Almanor Basin that overlap with Lassen regarding Dyer Mountain. Talked about condition of Main Street; CalTrans will be grinding and resurfacing the road from Round Table Pizza to the Elks Hall. Supervisor Chapman and Mr. Crane met with Fair Manager Jim Wolcott regarding the piece of land in front of Fairgrounds to be used for a sign; and found that it may be made available down the road for a public agency using it for a public purpose. Supervisor Chapman suggests Mr. Wolcott contact the Outdoor Advertising office of CalTrans early and work out a compatible design.

9. Supervisor Chapman attended the PSA II meeting in Burney February 5th. There is a big shake up taking place that may have some ramifications relating to the JPA with the other four counties. Pat Cantrall from Modoc County has been removed by her board; there is a new representative there. Trisha Clarke from Shasta County has been replaced. Attended BLM RAC two day sessions in Susanville; the new area plan or plan for the region will be presented to this board some time in late April or May. A lot of the issues accepted were ones that Lassen had commented on. Supervisor Keefer states retrieving big game with a quad was not accepted and he is concerned about that. Supervisor Chapman responds that the Surprise and Alturas Field Offices have incorporated that but the Eagle Lake Field Office did not.

10. Supervisor Chapman has been asked to emcee Congressman Doolittle’s town hall forum February 29th, 10:00 to 11:00 a.m. and requests the Supervisors meeting be recessed so all could attend. Chairman Dahle agrees the board should attend.

11. Supervisor Chapman donates $1,000 from his discretionary funds to the Lassen County Arts Council. He attended the City Council meeting February 7th; one of the issues was the Groundwater Management program that had been presented here. Rob Hill did an excellent job of briefing the council on the progress on that and the importance of their role in it. He will attend the Lahontan Water Board meeting February 14th -15th.

12. Supervisor Dahle states he is also supporting Sue Horn for Assembly. He attended RCRC along with Supervisor Keefer. Requests CAO Ketelsen to look into and report on Assembly Bill 151 having to do with custodial officers for peace officers; the board may want to take some action either supporting or opposing that legislation. RCRC has decided the number one priority for this year is trying to get the HR17 schools counties bill passed. Supervisor Dahle will be attending National Association of Counties (NACo) conference with the Western Interestate Region (WIR) in March and will be lobbying those efforts.

13. Supervisor Dahle attended Sierra Nevada Conservancy in Jackson last week. They have set some monies for the Prop 84 to allocate across the region: $1M for Northern Region (Lassen, Modoc and Shasta); $2M in strategic opportunity grants across the region; and $9M allocated in the competitive grants across the whole region. Wants to be advised if people are applying for these grants; may be able to help with the process. Along with Prop 84 there is $75M available on the delta side of Lassen County, down Shasta to the valley area, and $27M available on the Lahontan side. The Conservancy will hold a two day board meeting here in May; would like to do a tour of the Bizz Johnson Trail, show Rails to Trails, and would like Tom Esgate to do a presentation.

14. Supervisor Dahle also met with Senior Citizens in Burney after the PSA II meeting. Reports his Fair Board appointee Becky Albaugh is taking some classes and won’t be attending some meetings for awhile; he will write letter and advise of her absence.

TOM ESGATE - FIRE SAFE COUNCIL PROJECT UPDATE

Lassen County Fires Safe Council Project Manager Tom Esgate reports on the Community Wildfire Protection Plan Annual Meeting. All resource agencies involved in Lassen County attended the meeting to prioritize projects. A power point presentation shows several projects that have been completed and future projects such as the Gold Run and the Archery/Childrens projects. The basis of Lassen County Fire Safe Council has gone beyond the 100’ clearance to landscape scaled treatments, for fire safe, fire survivable, healthy forests. (Supervisor Chapman absent 10:33-10:34 a.m.) The Archery/Childrens project is in the initial sign up stages with about $770,000 for two years to work in this area. Day Lassen Bench area have about $300,000 for two more years. Butte Creek area sign up went out around Christmas and is receiving a good response.

Supervisor Keefer states he has received positive feedback on Tom’s efforts; that he’s put the Lassen County Fire Safe Council on the map. Supervisor Dahle states he also appreciates what Tom does but would like to get the cost per acre down. Tom Esgate replies there are a lot of challenges working around homes and our rates are the same or equal to what the Forest Service is paying for wide open property, typically $400-$500/acre. Other Fire Safe Councils are $1,200-1,800/acre.

PUBLIC HEARING – TITLE III FUND REQUEST TITLE III REQUEST - FIRE SAFE COUNCIL
Assistant to CAO Julie Morgan presents information on the Lassen County Fire Safe Council Title III funding request for Fiscal Year March 1, 2007 – February 28, 2008 in the amount of $122,400 for planning, grant writing, agency collaboration and coordination, community organization and public awareness and education. No one speaks in opposition or in favor of this request.

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried on a roll call vote, with Supervisor Hanson absent, to allocate Title III funds as requested to the Lassen County Fire Safe Council.

Recess 10:36 – 10:42 a.m.

PUBLIC HEARINGS - SIERRA PACIFIC INDUSTRIES

Open Public Hearing 10:44 a.m. for all four SPI rezone requests. Assistant Community Development Director Joe Bertotti presents staff report information on four Sierra Pacific Industries (SPI) rezones. Some information specific to the Silver Lake project will be brought forward when discussing that.

Senior Planner Kent Hector presents general information on all four rezone requests and identifies varying project information. Sierra Pacific Industries is proposing to rezone 4,860 acres from “TPZ” (Timber Production Zone) to “A-F” (Agricultural Forest). The three rezones are: 2006-59(A) 865.9 acres - located near Pike’s Point on the south end of Eagle Lake; 2006-59(B) 1723 acres - located approximately 3.5 miles east of Westwood; 2006-59(D) 2271 acres - located adjacent to Highway 36 and 44 and Eagle Lake Road. Differences in zones: both zones allow uses associated with timber production and minimum parcel size within TP Zone is 160 acres; there is no established minimum parcel size with AF zone. The remaining property rezone is: 2006-59(C) 638 acres from “TPZ” to "U-C-2-NH" (Upland Conservation/Resource Management with a Natural Habitat Combining District) - located ½ mile northeast of Silver Lake. Differences in two zones: within U-C-2 zone you are allowed to have a single family residence. Other uses are kennel or other uses under use permit are different from TPZ. Minimum TPZ parcel size in that zoning is 160 acres; U-C-2 zone is 80 acres. This is also natural habitat combining zone which is to protect critical wildlife on a parcel. The rezone applications are subject to the “Ten Year Phase Out:” rezoning process detailed in Government Code Section 51120, which means if the Board were to approve these rezone applications, they would not go into effect until ten years from this date.

SPEAKING IN OPPOSITION:

Westwood resident Garry Pritchard presents letter and requests the Board of Supervisors deny zoning changes; he states all the SPI rezoning proposals are a cheap way to cash in on timber land conversion and the potential future dude ranch estates, condominiums and strip malls bypassing all the normal planning process and impacts disclosure.

Laurie Davis, whose family has been coming to the Silver Lake area since 1928, states she has several concerns: the SPI proposal of 638 acres is about four times the size of Silver Lake; concerned about the impact ten years from now; also water quality, riparian, habitat, traffic and other issues. States the Silver Lake Homeowners Association Board is very concerned and asks the County take more time to fully consider potential impacts of proposed uses on adjacent lands before approving a zoning conversion. She states the Placer County Board of Supervisors just voted unanimously to move forward on a 50 year conversion plan to address growth projections and environmental concerns in a balanced way; suggests Lassen County do the same.

Steve Robinson, of Mountain Meadow Conservancy, feels SPI is planning to develop the property in Mountain Meadows and they are already facing problems with the Dyer Mountain project on the other side of the meadow. States the Planning Commission appointed by the Supervisors has recommended against this; thinks the Board should take their advice. Mr. Robinson refers to the California Department of Forestry (CDF) letter to Supervisor Pyle that has recommended these rezones fall under the California Environmental Quality Act (CEQA) and requires an Environmental Impact Report (EIR); and he agrees with that. States it looks like SPI wants to divest their lands and that’s a risk Lassen County can’t afford to take; if the board allows that to happen they are making a huge mistake.

Lassen-Modoc CDF Unit Forester Barney Ward states CDF is still opposed to this zone change; they do not support moving land from TPZ to zoning classes that may lead to future development. He refers to the January 11, 2007 letter from Sacramento CDF staff to Supervisor Pyle and suggests the Supervisors read it. The Lassen-Modoc unit is also opposed to the SPI 7,000 acre TPZ change in the Chester-Lake Almanor area; it is a significant impact to the unit. Requests Supervisors call if they have any questions.

Jim Jeskey states the Silver Lake Homeowners Association requests a postponement or continuation of this hearing so they can make a statement. He states he is local and was never notified of this by the Planning Commission.

SPEAKING IN FAVOR: SPI representative, Cedric Twight speaks in support of the rezone application. He states SPI has taken a 20-40 year look into the future to see if there were other lands that SPI owns in Lassen County that might support a different land use designation, other than just strictly managing for timber. They also recognize that rural and residential properties in California are desirable and considered the need for Lassen County to increase its economic viability. They looked at all 166,000 acres owned in Lassen County; most are off the beaten path and it was determined that only 3% of the property had any other reasonable opportunity for another land use some time in the future. It was felt to be prudent to move the lands from TPZ zone district to agricultural forest zone district. Mr. White reviews each of the Planning Commission’s findings, stating item “b”, which says the rezone is found to be categorically exempt from CEQA, is the most important finding. He feels the rezones should be approved because they don’t circumvent any planning or environmental laws; feels they are compatible with the General Plan and do not provide any additional entitlements to SPI that would burden Lassen County.

Supervisor Chapman states he was a member of the Board of Supervisors in 1977 when the TPZ laws were first implemented through the following 30 years and has seen all of the stages. Believes SPI has had a good record managing lands in and around the county but he doesn’t see that in terms of some of the parcel locations requesting change. He is concerned about the vacant mill site in Susanville and what SPI is going to do with the property as it relates to the economic well being and future growth of the community.

Cedric Twight gives further information regarding the TPZ act. States an EIR will absolutely have to occur prior to any development; there is also the General Plan designation that says you will not have any houses on the property; you won’t be able to subdivide. SPI is requesting a very neutral zoning district because they do not know what the needs for Lassen County will be 10-14 years into the future. In reply to questions from County Counsel Settlemire, Mr. White states SPI is not doing EIRs in other counties and they have successfully rezoned some property in Trinity County which is what they want to do in Lassen County.

Public hearing is closed at 11:32 a.m.

Assistant Community Development Director Bertotti explains that on Friday, February 9th, he spoke with CDF Deputy Chief of Environmental Protection Allen Robertson clarifying information in the letter dated January 11, 2007