clerk

Conference with Legal Counsel: Initiating of litigation pursuant to Subdivision (c) of Government Code section 54956.9: 1 case

Present in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer John Ketelsen, Deputy County Counsel Traci Witry, Treasurer/Tax Collector Richard Egan, Collections Supervisor Norma Sheetz and County Clerk Theresa Nagel. Supervisor Chapman enters at 9:14 a.m. Richard Egan and Norma Sheetz depart at 9:29 a.m. Closed Session is recessed at 9:32 a.m.

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, June 20, 2006, at 9:37 a.m. Present: Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer (CAO) John Ketelsen, and County Clerk Theresa Nagel. Following the flag salute, the invocation is offered by Supervisor Keefer.

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

The County Clerk announces the Closed Session dealt with:

Conference with Legal Counsel: Initiating of litigation pursuant to Subdivision (c) of Government Code section 54956.9: 1 case - motion by Supervisor Chapman, seconded by Supervisor Dahle and carried to reject the City of Susanville offer to pay one-half of the difference in booking fees for fiscal year 2005/2006; and

Conference with Legal Counsel: Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: Claim of Gioia and Savannah Lee dated June 7, 2006 - motion by Supervisor Keefer, seconded by Supervisor Dahle and carried to reject the claim in its entirety.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

County Clerk Nagel notes that Item G-3, parcel map, needs to be removed from the agenda. Supervisor Keefer notes the unagendized board reports need to be added to the agenda.

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

PUBLIC COMMENT

1. Chuck MacKay is present to request funds for the Lassen/Modoc County Food Bank. Supervisor Chapman suggests this be considered during the budget session and notes he will also check on other funding sources. Chairman Pyle directs the CAO to place this request on the budget list.

2. Dennis Hinze reminds everyone of the Medical Marijuana Fact or Fiction Program that will be held at the Memorial Building on June 23rd at 7:30 p.m. He notes that two physicians will speak but so far no county officials have accepted his invitation.

UNAGENDIZED BOARD REPORTS

1. Supervisor Chapman points out Supervisor Dahle's picture on the front of the County News relating to his election as NACO WIR Second Vice President.

2. Supervisor Keefer reports the RAC met on June 8th to go over the 2004/2005 projects that have not yet been completed - three common reasons are NEPA, timing with other grants and internal contract delays. He suggests because the funds have to be spent by 2007 the next round of projects need to be ready to go. Recommends delaying the Title II & III allocations until the RAC Project choices have been made in mid-July.

Reports on the Economic Development Coordinating Council meeting - was surprised at the number of wind generation applications that have been taken out. Notes PSREA talked about their Black Mountain wind generation project. Supervisor Hanson notes that PSREA plans to spend $18 million on this project.

Designates that $600 of his discretionary funds go to the Janesville Park Trust Account.

3. Supervisor Dahle announces he will leave at 10:30 a.m. to tour the Hayden Hill mine site, and will attend RCRC tomorrow; announces that Tom Esgate was successful in obtaining $500,000 grant for the Sagebrush Steppe Program; reports on the successful Big Valley Fish Derby and thanks board members for their donations.

4. Supervisor Hanson states that discussions are being held in regard to the transfer of Honey Lake back to the State Lands; informs board members that Doyle Fire District will be asking the County for assistance in the form of a loan to pay for a fee study to implement developer fees - he will be working with staff.

5. Supervisor Pyle reports the budget committee met and the next meeting is on June 27th.

PROCLAMATION

It is moved by Supervisor Hanson, seconded by Supervisor Dahle and carried to adopt Proclamations recognizing Dee Woginrich (Auditor's office) and James Davis (Public Works) on their retirement from Lassen County.

RECOGNITION COMMITTEE - PRESENTATION

Chairman Pyle makes the following presentations for years of service:

Ten years: a brass letter opener to Shelly Michaels (H&SS Mental Health).

Fifteen years: a two pen desk set to Joan L. Schmidt (Sheriff/Jail) - not present.

Twenty years: a desk clock to James C. Jackson (H&SS Mental Health) - not present.

Retirements: Plaque and proclamation to Dee Woginrich, Auditor's Office; Plaque and proclamation to James Davis, Public Works Department.

CONSENT CALENDAR

It is moved by Supervisor Chapman, seconded by Supervisor Dahle and carried to take the noted action on the following Consent Calendar items:

COUNTY CLERK ITEM

Approve Minutes of June 13, 2006.

ELECTIONS DIVISION

Receive and file Certification of June 6, 2006, Consolidated Gubernatorial Primary Election and pursuant to Election Code Section 15400 declare all persons that were elected or nominated and the results of each measure voted on.

TREASURER/TAX COLLECTOR ITEMS

Review Property tax sale: Excess proceeds from the May, 2005 Tax Sale and approve claims for excess proceeds filed with the Lassen County Tax Collector pursuant to Revenue and Tax Code '4675 as follows:

APN Claimant Excess Recommended Unclaimed Proceeds Amount Excess

Proceeds

001-321-05-11 NONE $ 5,699.92 $ 0.00 $ 5,699.92

019-300-18-11 JANET TAPIAN $ 6,892.04 $ 6,892.04 $ 0.00

019-300-25-11 NONE $ 7,007.02 $ 0.00 $ 7,007.02

029-140-54-11 NONE $ 1,512.08 $ 0.00 $ 1,512.08

031-180-28-11 NONE $ 5,852.99 $ 0.00 $ 5,852.99

043-150-13-11 NONE $ 7,241.44 $ 0.00 $ 7,241.44

043-180-17-11 NONE $ 6,751.77 $ 0.00 $ 6,751.77

043-250-28-11 NONE $11,955.54 $ 0.00 $11,955.54

055-140-34-11 EDWARD TIFFANY $ 7,136.60 $ 7,136.60 $ 0.00

057-084-06-11 SUSAN MURPHY $ 3,447.93 $ 3,447.93 $ 0.00

057-084-06-11 GEORGE MURPHY $ 1,723.96 $ 1,723.96 $ 0.00

057-086-14-11 NONE $ 3,304.61 $ 0.00 $ 3,304.61

081-050-26-11 HOPE FARAGOSA $22,223.34 $ 7,411.48 $ 0.00

081-050-26-11 GLOBAL DISCOVERIES $14,811.86 $ 3,700.19 $ 0.00

081-050-26-11 JOY LYNN CARDENAS $11,111.67 $ 7,411.48 $ 0.00

081-050-26-11 GLOBAL DISCOVERIES $ 3,700.19 $ 3,700.19 $ 0.00

TOTALS $39,699.91 $49,325.37

INVESTMENT POLICY

Approve Lassen County Investment Policy dated June 5, 2006.

DELEGATION OF AUTHORITY TO INVEST

Adopt Resolution No. 06-043, renewing the Delegation of Authority to Invest and Reinvest Funds of the County and Funds of other Depositors in the County Treasury.

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a. Lassen County Mental Health Advisory Board meeting agenda for June 13, 2006.

b. Lassen County Alcohol and Drug Advisory Board meeting for June 20, 2006.

c. Lassen County Air Pollution Control District Governing Board meeting agenda for June 20, 2006 and minutes of May 16, 2006 and May 25, 2006.

PUBLIC WORKS DEPARTMENT

It is moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to award bid for the construction of a public use water well at Janesville Park to Smith's Pump, Susanville, the lowest bidder meeting specifications, in the amount of $44,800.

COUNTY ADMINISTRATIVE OFFICE

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to authorize the CAO to sign a Statement of Organizational Support for the National Forest Counties and Schools Coalition (NFCSC) Principles.

CORRESPONDENCE

Received and filed Westwood Unified School District's Certification of Compliance - Increase to Developer Fees: a) Level I Developer Fee Study for Westwood Unified School District dated April 25, 2006; and b) Westwood Unified School District Resolution No. 05-09, Increasing Facilities Fees as Authorized by Government Code Section 65995 (b)(3).

TREASURER / TAX COLLECTOR - RECOVERY AND REIMBURSEMENT DIVISION

The public hearing is opened at 10:15 a.m. to establish Booking Fees for fiscal year 2006-2007. Per Government Code 29550, "Any increase in a fee charged pursuant to this section shall be adopted by a county prior to the beginning of its fiscal year...".

Treasurer/Tax Collector Richard Egan presents the staff report.

No one speaks in favor of the booking fees. Police Chief Chris Gallagher distributes information and states that he and Mr. Egan are having a disagreement over the fee being charged for 2005/2006. He does feel the 2006/2007 is a fair fee although he cannot figure out how the fee amount was calculated. He notes that several counties contract for an amount to be paid versus haggling over what the booking costs are and what to charge. He suggests a contract much like the dispatch fees.

Supervisor Chapman feels what is being lost in the discussions is what the State has (Supervisor Dahle departs at 10:26 a.m.) done in regard to trade offs and making cities and counties haggle with each other. What is forgotten about is the rearranging of funding sources - the county lost funding in exchange for charging booking fees and now this funding is decreasing. He would be in favor of not having booking fees in exchange for the revenue source we had to begin with.

The hearing is closed at 10:33 a.m.

It is moved by Supervisor Keefer, seconded by Supervisor Hanson and carried on a roll call vote, with Supervisor Dahle absent, to approve the Booking Fee of $138.06 for the year 2006-2007, based on a study by Public Resource Management Group; and approve fee charged to the City of Susanville for bookings into the county jail or half of the actual administrative costs as defined in subdivision (d) of Government Code 29550 based on the study by Public Resource Management Group in the amount of $69.03.

Chris Gallagher would like to get the past fee issue resolved. Supervisor Chapman responds the Board has given direction in regard to this.

COMMUNITY DEVELOPMENT DEPARTMENT

Community Development Director Robert Sorvaag presents an update report: Bureau of Land Management, Carson City Field Office, Record of Decision (ROD) for the Fish Springs Ranch portion of the North Valley's Right-of-Way Project Environmental Impact Statement issued May 31, 2006. A number of issues repeatedly identified by Lassen County remain unresolved in the ROD:

> Confirmation of a resolution of the issues raised by the Secretary of Interior in 1994 that caused suspension of a similar project.

1. Concurrence with the USGS on Regional Groundwater Modeling.

2. Department of the Army on Sierra Army Depot groundwater issues.

3. Bureau of Indian Affairs on Pyramid Lake Reservation trust responsibility issues.

> Relinquishment of outstanding water rights. The Nevada State Engineer approved the inter-basin transfer of 13,000 af/year for Fish Springs Ranch in 1991. The project proposes to transfer 8,000 af/year. There is no reference to the disposition of the 5,000 af/year in the ROD. (Supervisor Chapman absent 10:39 - 10:41 a.m.)

> The revised Recommended Water Resources Monitoring and Management Plan has been submitted to the Nevada State Engineer by the BLM; however, there has been no response from that office.

BLM has adopted and incorporated the conditions and stipulations prescribed by the Special Use Permit for the Fish Springs Water Project that was approved by the Washoe County Commissioners into the ROD. The Use Permit does incorporate an important requirement in Condition #18 as follows:

"Pumping and supplying water as described in this application shall not commence until a Water Resources Monitoring and Management Plan (MMP) is approved by the State Engineer and implemented. The applicant or his successors shall strictly adhere to all requirements and controls contained in the Plan concerning the withdrawal of water and the monitoring program. The applicant shall submit a yearly report demonstrating compliance with this condition. The Department of Community Development shall determine compliance with this condition."

However, this use permit condition does not refer to the MMP contained in Appendix D of the Final EIS that would provide for involvement of the Cooperating Agencies such as California Department of Water Resources and Lassen County.

Lassen County has until the end of this month to decide if an appeal will be filed.

County Counsel Craig Settlemire states that procedurally BLM has met the NEPA requirements.

Supervisor Pyle states that we want a monitoring plan. Supervisor Hanson

responds we will get a monitoring plan based on Condition #18. We do have verbal assurances to this effect from Washoe County, but do not know what the MMP will require. Supervisor Keefer feels there are too many unanswered questions. County Counsel Craig Settlemire states that NEPA requires the examination of environmental impacts, but mitigation is not required as with CEQA. CAO Ketelsen states we will not win an appeal as BLM did the procedures required - an appeal would only have nuisance value.

Supervisor Keefer has concerns over the Sierra Army Depot groundwater contamination and suggests pumping may cause the contaminants to enter the water. Supervisor Hanson responds that basically that is Washoe County's problem.

Supervisor Hanson suggests a bi-state agreement between Nevada and California should be implemented but that is not a part of this matter.