BOARD
OF SUPERVISORS
MARCH
25, 2003
The Lassen County Board of Supervisors convene in
Regular Session at 9:04 a.m. Chairman
Chapman asks for public comment and no comments are received. County Clerk Nagel announces the Closed
Session items and the Board recesses to Closed Session at 9:05 a.m. for: 1)
Conference with Legal Counsel:
Existing litigation pursuant to Subdivision (a) of Government Code
Section 54956.9: McCain vs. Lassen County, Case #24431; 2) Conference with Legal Counsel: Existing
litigation pursuant to Subdivision (a) of Government Code Section 54956.9:
PG&E Bankruptcy; and 3) Conference
with Legal Counsel: Existing litigation
pursuant to Subdivision (a) of Government Code Section 54956.9: Citizens for a
Healthy Rural Environment & Richard and Mary Morgan vs. Lassen County,
Larry and Lise Wosick, Superior Court Case #36349.
Present in the Closed Session are Supervisors Robert
Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel
John Ketelsen, County Administrative Officer Andy Whiteman, Assistant County
Counsel Craig Settlemire and County Clerk Theresa Nagel. Supervisor Hanson enters at 9:10 a.m.,
Supervisor Dahle enters at 9:12 a.m. and Craig Settlemire departs at 9:20 a.m.
Closed Session is recessed at 9:30 a.m.
The Lassen County Board of Supervisors reconvenes in
Regular Session on Tuesday, March 25, 2003, at 9:34 a.m. Present:
Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and
Jack Hanson; County Counsel John Ketelsen, County Administrative Officer (CAO)
Andy Whiteman and County Clerk Theresa Nagel.
Following the flag salute, the invocation is offered by Supervisor
Hanson.
ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION
The County Clerk announces the Closed Session dealt
with: 1)
Conference with Legal Counsel:
Existing litigation pursuant to Subdivision (a) of Government Code
Section 54956.9: McCain vs. Lassen County, Case #24431 - no action to report;
2) Conference with Legal Counsel:
Existing litigation pursuant to Subdivision (a) of Government Code Section
54956.9: PG&E Bankruptcy - Board authorized a contribution of $166.00
toward litigation costs involved in the PG&E Bankruptcy proceedings by the
following vote: 5 - Ayes, 0 - Noes and
0 - Abstain; and 3) Conference with
Legal Counsel: Existing litigation pursuant
to Subdivision (a) of Government Code Section 54956.9: Citizens for a Healthy
Rural Environment & Richard and Mary Morgan vs. Lassen County, Larry and
Lise Wosick, Superior Court Case #36349 - no action to report.
AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS
Supervisor Dahle needs an item added to the agenda,
pursuant to Government Code Section 54954.2 (2) that the need to take action
arose subsequent to the agenda being posted, and cannot wait for the next
meeting, for a letter requesting an extension of the comment period on the FERC
Draft Environmental Impact Statement for the PG&E Project #233, in order to
develop information essential for a complete picture of the cumulative effects
of the proposed 4 (e) license conditions.
It is moved by Supervisor Dahle, seconded by Supervisor
Pyle and carried unanimously to approve the agenda with the noted addition.
PUBLIC COMMENT
1. Violet Stout
reads a poem entitled "Spoils of War".
2. Emergency
Services Director Chip Jackson provides an update on the brief Condition Red
reached last week. They stiffened
security and notified the Chairman of the Board and the CAO. Some lessons were learned and they will be
making revisions to their plan. We are
back on Orange High now.
He introduces Officer Mike Carney who put himself
through "The Academy" and has transferred from the jail to
patrol. He will be assigned to the South
County.
UNAGENDIZED BOARD REPORTS
1. Supervisor
Keefer has received information from CDF that the Corrections Department has
assured them camp fire crews will be funded.
2. Supervisor
Keefer designates that $1000 of his discretionary funds be allocated to the
Milford Community Association for the continued development of their park.
3. Supervisor
Keefer will be attending the County-Schools Coalition meeting in Reno this
weekend.
4. Supervisor
Pyle wants to be sure the Board follows-up to make sure our state
representatives are aware we are strongly opposed to the proposed $6.00 per
acre fire fee on state maintained lands.
5. Supervisor
Hanson will be working with Supervisor Keefer on the State Responsibility Areas
$6.00 fire fee proposal and reports on meetings he attended last week relating
to this matter.
6. Supervisor
Hanson informs CAO Whiteman the study session for Herlong property acquisition
can be held in May because the paperwork will not be ready until June. He also notes there is an upcoming meeting
scheduled with the HUC.
7. Supervisor
Hanson announces the Air Pollution Control District issued a cease and desist
order to end dumping ash at the Dry Valley Site to Sierra Pacific Industries in
Plumas County until they get caught up on incorporating the ash into the soil.
8. Supervisor
Chapman reports on the CSAC meeting and how disappointing it was in regard to
the budget crisis - so little information was available.
9. Supervisor
Chapman is working with CAO Whiteman to place an item on the next agenda
regarding funding needs of the Senior Citizens Program.
CHILD ABUSE PREVENTION MONTH
Melody Brawley introduces Michelle Casilla, the Chairman
of the Local Child Abuse Prevention Team, who then introduces other members of
the team who are present - Darrell Foster from Bridges, Ren Tilstra from Lassen
Family Services, Mary O'Riley from Public Health, Orlando Shannon and Camille
Young from LassenWorks.
Information is provided on Lassen County Child Abuse
Prevention Month planned activities along with a calendar of events for the
month.
HEALTH AND HUMAN SERVICES DEPARTMENT - ENVIRONMENTAL
HEALTH DIVISION
Environmental Health Officer Doug Ames provides
information on various ways to address the need for Certified Unified Program
Agency (CUPA) staffing: 1) Contract for
position to manage hazardous waste and hazardous materials management program;
OR, 2) create a County position; OR, 3) return program to Cal/EPA; OR, 4) take
no action.
It is moved by Supervisor Dahle, seconded by Supervisor
Keefer and carried to authorize contracting for a position to manage hazardous
waste and hazardous materials management program.
Recess 10:22 - 10:27 a.m.
PUBLIC HEARING - COMMUNITY DEVELOPMENT DEPARTMENT -
PLANNING DIVISION
The public hearing is opened at 10:29 a.m. to consider
an ordinance revising Title 18 of the Lassen County Zoning Ordinance adding
section 18.108.290 regulating wireless service facilities, and amending
Ordinance 482 establishing fees for wireless facilities application review
(file #318.01.23), and adoption of negative declaration #2001-043.
Rick Simon presents the staff report by reviewing the
major components of the ordinance.
No one speaks in opposition or in favor of the ordinance
and the hearing is closed at 10:40 a.m.
It is moved by Supervisor Dahle, seconded by Supervisor
Keefer and carried unanimously, on a roll call vote, to adopt the negative declaration;
and introduce and adopt Ordinance No. 467-AA, by title only.
PUBLIC HEARING - COMMUNITY DEVELOPMENT DEPARTMENT
The public hearing is opened at 10:41 a.m. to solicit
comments regarding submittal of a grant application for up to $600,000, to be
funded by the State Department of Housing and Community Development (HCD)
through the Community Development Block Grant Program, for infrastructure
improvements related to the construction of Rocky Ridge Drive.
Assistant Community Development Director Bertotti,
Banner Hospital Administrator Dave Anderson and Grant Writer Greg O'Sullivan
from Economic Development On-Call, present the report.
Several questions are asked in relation to the planned
usage of the grant funds.
Supervisor Chapman feels the true plans for the
development of this entire area needs to be known to see how it will impact
county planning. He wants to know who
will pay for this development and is asking for the protection of the
taxpayers. He notes this information has
been requested repeatedly from the City and has not be provided.
Supervisor Dahle states he will vote yes, but he does
not like this type of process for planning.
No one speaks in opposition to the grant application,
David Anderson speaks in favor of the application and the hearing is closed at
11:07 a.m.
It is moved by Supervisor Pyle, seconded by Supervisor
Keefer and carried unanimously, on a roll call vote, to adopt Resolution No.
03-023, making an application and authorizing execution of a grant agreement and
any amendment thereto, for Economic Development Allocation Over-the-Counter
Component for up to $600,000.
PUBLIC HEARING - COMMUNITY DEVELOPMENT DEPARTMENT -
PLANNING DIVISION
The public hearing is opened at 11:08 a.m. on General
Plan Amendment #765.01.07 and Zoning Amendment #318.01.25, amendments to Lassen
County General Plan-2000, the Standish-Litchfield Area Plan, and
the "M-R" (Mountain Resort) zoning regulations, in order to further
the intent of the "Belfast Initiative": remedy inconsistencies
between the "Belfast Initiative" and Lassen County General
Plan-2000 and the Standish-Litchfield Area Plan; and ensure
consistency between the "M-R" zoning regulations and those lands
under a Williamson Act Contract and affected by the initiative.
Community Development Director Robert Sorvaag announces
the Planning Commission has continued this item to April 2, 2003 and therefore
this hearing needs to be continued to April 22, 2003.
No one is present for this item and Chairman Chapman
continues the public hearing.
PUBLIC HEARING - REZONE #2002-117, PARCEL MAP 2002-117
AND MITIGATED NEGATIVE DECLARATION #2002-117, MARK MOGLICH
The public hearing is opened at 11:11 a.m. on Rezone Application
#2002-117, Parcel Map #2002-117 and Mitigated Negative Declaration #2002-117,
filed by Mark Moglich, to divide 161.80 acres into four +/- 15 acre parcels
with +/- 100 acre remainder and to
rezone the four 15 acre parcels from A-2-B-19, Agricultural Residential
Building Site Combining District with a 19 acre average lot size to A-2-B-15,
and the southerly 100 acres from A-3, Agricultural District to E-A, Exclusive
Agriculture District. The project site is
located on the north side of Sunnyside Road, approximately 2 miles east of its
intersection with U.S. 395 in the Community of Janesville.
Supervisor Dahle is absent 11:11 - 11:12 a.m.
Community Development Director Robert Sorvaag announces
the applicant has requested this hearing be continued to April 22, 2003.
No one is present for this item and Chairman Chapman
continues the public hearing.
PUBLIC HEARING - REZONE #2002-27 AND PARCEL MAP #2002-27
LENNIE EADES
The public hearing is opened at 11:12 a.m. on Rezone
Application #2002-07 and Parcel Map Application #2002-27, filed by Lennie
Eades, proposal to change the zoning on 230 acres of the subject property from
A-3-B-80 (Agricultural, Building Site Combining District - 80 acre minimum) to
U-C (Upland Conservation) on 150 acres, from A-3-B-80 to U-C-2 (Upland
Conservation / Resource Management District) on 50 acres, and from U-C to U-C-2 on 30 acres. In conjunction with the rezone, the applicant
is proposing to subdivide the 520 acre subject property into 4 parcels being
240 acres, 120 acres, 80 acres, and 80 acres in size, located 3 miles East of
Pittville.
Planner Kent Hector presents the staff report.
No one speaks in opposition, Lennie Eades speaks in
favor of the rezoning ordinance requesting the utility condition be changed to
require easements rather than installation, and the hearing is closed at 11:18
a.m.
It is moved by Supervisor Dahle, seconded by Supervisor
Pyle and carried unanimously, on a roll call vote, to: adopt Resolution No.
03-024, as recommended by the Planning Commission, which includes the
following:
o Adoption of Negative Declaration #2002-27
o Approval of Rezone #2002-27
o Approval of amendment to condition #10 to
Parcel Map #2002-27
to require utility
easements rather than installation of utilities until the property is developed
o Approval of parcel Map #2002-27, with
conditions as amended
and introduce and adopt, by title only, Ordinance No.
467A-332, rezoning 230 acres the subject property from A-3-B-80 to U-C (on 150
acres), from A-3-B-80 to U-C-2 (on 50 acres), from U-C to U-C-2 (on 30 acres).
HEALTH AND HUMAN SERVICES - SOCIAL SERVICES
IHSS Program Manager Melody Brawley provides an update
on activities of the program.
It is moved by Supervisor Dahle, seconded by Supervisor
Hanson and carried to adopt Resolution No. 03-025, changing the number of
advisory committee members from nine to seven; and approve the bylaws of the
In-Home Supportive Services (IHSS) Advisory Committee.
IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
The Board of Supervisors recess and convene as the
In-Home Supportive Services Public Authority.
It is moved by Supervisor Keefer, seconded by Supervisor
Pyle and carried unanimously, on a roll call vote, to adopt Resolution No. IHSS
03-001, establishing an employer-employee relations policy for labor relations
with the IHSS employees.
The In-Home Supportive Services Public Authority
adjourns and the Board of Supervisors reconvene.
FISH AND GAME COMMISSION
In regard to appointments to fill vacancies on the
Lassen County Fish and Game Commission created by the expiration of appointed
terms - Supervisor Keefer requests that Rob Hill be retained and notes that Tim
Semon has indicated he can no longer serve.
Supervisor Hanson wishes to retain
Eric A. Bushong and Bob Roe, with Larry Morgan as
alternate.
It is moved by Supervisor Keefer, seconded by Supervisor
Hanson and carried to make the noted appointments.
LASSEN COUNTY FAIR BOARD
For vacancies on the Lassen County Fair Board, created
by the expiration of appointed terms - Supervisor Keefer retains Carol
Montgomery and Dena Wemple. Supervisor
Hanson retains Nancy Satica and wishes to appoint Jerry Hitchings to replace
Bill Waltman who has indicated he can no longer serve.
It is moved by Supervisor Hanson, seconded by Supervisor
Keefer and carried to make the noted appointments.
PLANNING COMMISSION
For vacancies on the Lassen County Planning Commission,
created by the expiration of appointed terms - Supervisor Keefer retains
Fredrick M. Mallery and Supervisor Hanson retains Bob Beckett.
It is moved by Supervisor Hanson, seconded by Supervisor
Keefer and carried to make the appointments.
CONSENT CALENDAR
Supervisor Keefer requests that Item G-1, minutes, be
removed from consent for separate consideration.
It is moved by Supervisor Dahle, seconded by Supervisor
Pyle and carried to take the noted action on the following Consent Calendar
items:
ADMINISTRATIVE SERVICES - PURCHASING ITEM
Receive and file report on Computer Hardware Purchase
for LassenWorks.
ADMINISTRATIVE SERVICES - PERSONNEL ITEM
Receive and file Personnel Movement report for February,
2003.
BOARD OF SUPERVISOR'S ITEM
Adopt Proclamation declaring the month of March as
"Red Cross Month".
OFFICE OF EMERGENCY SERVICES ITEM
Ratify continuation of Declaration of State of Disaster
/ Drought Emergency in Lassen County for 2002.
PRISON TRIALS COST REIMBURSEMENT PROGRAM ITEMS
Receive and file recap of CCC Prison Trials Cost
Reimbursement Billing for the month of February, 2003 and High Desert State
Prison Trials Cost Reimbursement Billing for the month of February, 2003.
MISCELLANEOUS CORRESPONDENCE ITEMS
Receive and file the following correspondence:
a. Alcohol and Drug Advisory Board meeting
agenda for March 20, 2003, and minutes of February 27, 2003.
b. Mountain
Counties AIDS Consortium and the Five County HIV Prevention Project quarterly
meeting agenda for March 27, 2003.
BOARD OF SUPERVISOR'S MINUTES
It is moved by Supervisor Dahle, seconded by Supervisor
Hanson and carried, with Supervisor Keefer abstaining, to approve minutes of
March 18, 2003.
COMMUNITY DEVELOPMENT DEPARTMENT - CODE ENFORCEMENT
DIVISION
It is moved by Supervisor Dahle, seconded by Supervisor
Keefer and carried to adopt Resolution No. 03-026, authorizing the submittal of
a grant application to the Department of Housing and Community Development for
capital expenditures related to code enforcement.
Supervisor Pyle is absent 11:50 - 11:52 a.m.
COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
It is moved by Supervisor Dahle, seconded by Supervisor
Pyle and carried unanimously, on a roll call vote, to introduce, by title only,
Ordinance No. 556, amending Title 9 of the Lassen County Code to provide
suspension of restrictions for special events within Susanville Ranch Park; and
authorize suspension of park restrictions (camping, campfires, firing of blanks
by cannon and muskets) for activities specifically related to the Civil
War Re-enactment event only.
BUDGET UPDATE
1. CAO Whiteman
states the most telling remark he heard at CSAC last week was the only tax that
would be passed is the VLF Trigger and if counties think they will be keeping
the funding they better watch their back pocket.
2. CAO Whiteman
attended a workshop relating to how planning decisions will be made by county
boards and city councils and that it will be based on "environmental
justice". He notes there is a task
force discussing what this means.
INFORMATION FOR THE BOARD
Public Works Director Larry Millar informs the board
members that construction on the animal shelter will begin next week - Chuck
Miles will be supervising the plumbing.
They hope to have completion by the end of the season although the
office construction may have to wait.
CORRESPONDENCE
1. Tuolumne
County Resolution regarding State Fire Lookouts, is received and filed.
There being no further business, the meeting is
adjourned at 11:56 a.m.
__________________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
_______________________________________
THERESA NAGEL, CLERK OF THE BOARD