BOARD OF SUPERVISORS
The Lassen County Board of
Supervisors convenes in Regular Session at
Present in the Closed Session
are Supervisors
The Lassen County Board of
Supervisors reconvenes in Regular Session on
ANNOUNCEMENT OF ITEMS
DISCUSSED IN CLOSED SESSION
Deputy Clerk of the Board
Osgood announces the Closed Session dealt with discussion on Conference with Legal
Counsel: Existing litigation pursuant to
Subdivision (a) of Government Code Section 54956.9: Citizens for a Healthy
Rural Environment, Richard & Mary Morgan vs.
AGENDA APPROVAL, ADDITIONS
AND/OR DELETIONS
Acting CAO Ron Vossler states a
letter was received from Attorney William Abbott requesting the discussion on
Agenda Item H2 Dyer Mountain Project be delayed until later today when they can
be in attendance. Supervisor Keefer
requests the meeting be adjourned in the memory of David A. Pingree. Supervisor Chapman requests the meeting also
be adjourned in the memory of Bob Roe and William “Bill” Reed.
It is moved by Supervisor Pyle,
seconded by Supervisor Hanson and carried, to approve the agenda as
corrected.
PUBLIC COMMENT
1. Todd Swickard states he is speaking for the Eagle Lake
Regional Preservation Coalition (ELRPC).
Supervisor Hanson steps down and leaves the board room. Mr. Swickard states the Coalition is a group
of citizens concerned about the industrial wind generation facilities planned
for
An
“Information Item” on the LMUD meeting agenda of great concern to the Coalition
was the discussion of who should be the Lead Agency for the California
Environmental Quality Act (CEQA) process to examine the environmental impacts
of the proposed electrical transmission corridors and electrical generation
facilities within
2. Tom Esgate of the Lassen County Fire Safe Council (FSC)
presents an update on projects. The FSC
received environmental clearance last week for the Susanville Fuel Reduction
Project which structures across the base of
3. Doyle resident Dennis Hinze speaks as a medical marijuana
user as well as speaking for other medical marijuana patients from
4.
meteorological tower projects
because they are in the study process and there is not an application with BLM
right now. (Supervisor Hanson again
departs the room at
Supervisor
Pyle asks how a lead agency in a project is determined and County Counsel Settlemire
responds the lead agency would be the public agency with the greater need to be
involved with an affected project.
Chairman Dahle suggests the matter be agendized for discussion during
the July 10 meeting. Supervisor Chapman
requests a discussion of local historical aspects (such as the College
incinerator) be part of the discussion. (Supervisor Hanson enters at
PUBLIC HEARING - COMMUNITY
DEVELOPMENT DEPARTMENT - PLANNING DIVISION
Chairman Dahle opens the Public
Hearing at 10:19 a.m. on proposed General Plan Amendment #765.01.18, Rezone
#2006-093, Parcel Map #2006-093 (Pacific Holt).
Community Development Director
Conrad Montgomery states that Pacific Holt representative Mark Herman requests
the agenda item be continued. Mr.
Herman apologizes and states that because of a misunderstanding on what was
being done here today, he is not prepared. He will need to get Pacific Holt’s
approval to make a presentation and asks this item be continued to
Chairman Dahle asks for any
public input regarding this matter; no public comments received. The Public Hearing will be continued until
TITLE III REQUEST
Assistant to the CAO Julie
Morgan presents the Title III request for funding from the Lassen County Office
of Education for the 2006/2007 Outdoor Education/Youth Camp Program in the
amount of $78,394.59. This request is
to approve the public posting so it can be brought back to the Board for Public
Comment. Assistant Superintendent Judd
Jensen states the youth camp acquired in 1987 is a 67 acre facility on the shores
of
It is moved by Supervisor
Keefer, seconded by Supervisor Pyle and carried unanimously to approve the
request for Title III funds from the Lassen County Office of Education for the
2006/2007 Outdoor Education/Youth Camp Program.
It is moved by Supervisor
Hanson, seconded by Supervisor Pyle and carries unanimously to appoint Tammie
Vial to fill a vacancy on the Lassen County Mental Health Advisory Board.
CONSENT CALENDAR
The Deputy Clerk of the Board
requests the minutes of
It is moved by Supervisor
Keefer, seconded by Supervisor Pyle and carries unanimously to take the noted
action on the following Consent Calendar items:
ADMINISTRATIVE SERVICES ITEM -
PERSONNEL DIVISION
Receive and file Personnel
Movement report for May, 2007.
BOARD OF SUPERVISORS ITEM -
PROCLAMATION
Adopt Proclamation honoring
Eagle Lake District Ranger Bob Andrews on his retirement after many years of
service with the U S Forest Service.
DISTRICT ATTORNEY ITEM - SPOUSAL
ABUSER PROSECUTION (S.A.P.P.) PROGRAM
Adopt Resolution No. 07-028
approving the continuation of the Lassen County District Attorney's Spousal
Abuser Prosecution (S.A.P.P.) Program, funded from funds available through the
California Department of Justice, Office of the Attorney General.
HEALTH & SOCIAL SERVICES
ITEM
ADMINISTRATION
Approve listed Agreement
Modifications for Health and Social Services for FY 2006/2007 and authorize the
CAO to sign the agreement documentation on their behalf.
PUBLIC HEALTH DIVISION
Approve Amendment to State of
California Department of Health Services Agreement #04-35095 for Medi-Cal
Administrative Activities (MAA) for performing services in Years 1 through 3
and extend the contract term through
PUBLIC HEALTH DIVISION
Approve State Provider
Participation Agreement for Targeted Case Management (TCM) for Medi-Cal
Beneficiaries for the period of
PUBLIC HEALTH DIVISION
Approve the “Declaration of
Intent Not to Apply” (Option #3) for Rural Health Services Funds for FY
2007/2008, and authorize the CAO to execute the "Declaration of Intent Not
to Apply" document on their behalf.
MISCELLANEOUS CORRESPONDENCE
ITEMS
Receive and file the following
correspondence:
a. Big Valley Community Alliance, Inc. Big
b. PSA 2 Area Agency on Aging Advisory Council
meeting agenda for
UNAGENDIZED BOARD REPORTS
1. Supervisor Chapman is working on a letter to Mr. Dimitrios
Fylaktos regarding his property on
2. Supervisor Keefer states that as a result of discussion last
week on allocation of Title II and Title III funds, the media is being notified
that RAC proposals will be accepted; with a cut off date of August 2, then RAC
is scheduled to meet August 8 and 9.
3. Supervisor Dahle makes note of a letter from Chris Noda
regarding what % will be set aside for Title II - Title III funds; he will distribute
it to the Board members.
4. Supervisor Hanson donates $500 from his discretionary fund
to the Doyle Historical Society for some work they are doing there prior to getting
Park Bond money; and he donates his remaining balance to West Patton Village
CSD in support of getting the fire department started there.
5. Supervisor Hanson states petitioners went before Judge
Bradbury June 25 for the Change in Water Master Service from the Department of
Water Resources to the Resource Conservation District (RCD); it was a favorable
hearing. One item is being continued until
July 23. He thanks County staff, specifically
6. Supervisor
Hanson states that he left the room during the wind energy discussion because
the Invenergy project could possibly cross his property at some point. He reminds the Board that the President has
suggested a goal of by 2030 of 20% of our energy should come from wind energy;
that’s taking it from 12,000 megawatts on a national basis to about 326,000 and
feels there should be a public debate at some point. Chairman Dahle informs him of the July 10
agenda item.
7. Supervisor Dahle donates $250 of his discretionary fund to the
Stones-Bengard Community Service District and donates the remaining amount to the
“Let Us Remember” Committee for the Vietnam Wall.
ENVIRONMENTAL HEALTH
Present: Environmental Health Director
Septage comes from septic tanks,
portable toilets and vault toilets and must be pumped by a licensed hauler and
taken to an authorized facility. State
law requires a permit for anyone pumping or transporting septage.
Almost all current Septage
Receiving Facilities are municipal Waste Water Treatment Plants (WWTP) - Delleker
takes 200,000 gallons, Quincy +200,000 gallons, Bieber 100,000 gallons,
Susanville doesn’t take any, Westwood Sanitation (private) dewaters about
300,000 gallons of septage every year. Many
WWTP’s are shutting their doors to septage which creates operational and
regulatory problems for them. Immediate
options are limited, many are costly. Reasonable,
reliable, cost effective alternatives are being looked at; the problem needs to
be solved locally or regionally.
Septage Treatment/Disposal
options are discussed. Temporarily,
Truckee Meadows Regional Wastewater Treatment Facility in
Mr. Ames suggests a workshop to
study and discuss options in greater detail and suggests a working group to
develop alternatives. Supervisor Chapman
suggests any meeting include a representative from the Lahontan Water Quality
Control Board to find out what requirements will be necessary. He also suggests a quad county meeting with
Modoc, Sierra and
Supervisor Chapman suggests
Supervisors Keefer and Hanson be on the committee along with Mr. Ames, Mr.
Sipe, Mr. Valentino and Mr. Genter. This
agenda item is posted as being for discussion only but will be brought back for
the July 10 meeting.
Mr.
Settlemire states that negotiations with the Administrative Office of the
Courts (AOC) have been going on for the last year. Initial agreement
documents from AOC required extensive editing and negotiation over some of the
terms to get them to reflect the local situation. There was also a
responsibility to determine the amount of a court facilities payment which is
based on what the County had been paying for the support of those physical
facilities and then that money would be paid to AOC and the counties would be
relieved of the responsibilities to provide court facilities to the trial
courts. The courthouse annex property would continue to be
available to the courts in the same area that they’re occupying now until such
time as a new facility is built which could occur in 2010 – 2011.
When a
new court facility is built and the courts relocate to the new facility and
they no longer need this facility then at that point the county would buy out,
according to the draft agreement proposed today, the AOC’s interest in this
property. That would be about 24% of the area of the building or a little
over 3,000 square feet. There would be a purchase of that property by the
County based on an appraisal that is made within 180 days after entering into
this agreement and then that appraisal will be adjusted, according to this
draft, by the consumer price index for the Bay Area until such time as they
actually move to the new facility occurs. The County could be
looking at 3-4 years with adjustments based on the Bay Area CPI which tends to
rise at a faster rate than some other areas, which is a concern. Mr. Settlemire
states there was also a provision that he feels is a typographical error; it
overstates the amount of parking that would be made available to the
courts. If the agreement is entered into today as drafted, the County
would have a period of time to accumulate funds in order to purchase the
State’s interest in that building. This would meet the June 30
deadline. There is legislation pending to extend that June 30 deadline to
Mr.
Chapman questions the idea of the County having to buy back a building that
was built by the County and provided to the courts and asks if that
relieves the County of any maintenance of effort toward expense of the new
court facility operation. Mr. Settlemire states it will fix the amount of
obligation to be provided. Staff has been working on this and there have
been disagreements with the AOC over what the amount should be. The
County will pay an amount in proportion to the total square footage of the
facility. Further discussion is held. Mr. Settlemire agrees it is a
difficult concept to have to buy back our own facility but states he is working
with the legislation as enacted and what it requires. The County does not
have to buy back the historical courthouse facility once the courts move
out so the only obligation that will remain with regard to the historic
courthouse is that it be used occasionally for ceremonial
purposes. The annex was recently remodeled and it cannot be called
historic.
Mr.
Settlemire states he has sent an email to AOC suggesting that an appraisal be
done closer to the time when the new facility is actually taken over to get a
true value of the property at that time, rather than using the Bay Area CPI for
four years prior to taking it over. The
draft provides the County pay that amount within five days of the courts moving
into the new facility; Mr. Settlemire has suggested a greater period of time to
pay the amount of the buyout but has not received a response. Further discussion is held.
Mrs.
Reed thanks Mr. Settlemire and Mr. Ketelsen for working so diligently on this
matter. The minor changes to the
agreement, such as the number of parking spaces, should be resolved very
quickly.
It is
moved by Supervisor Chapman to adopt Resolution No. 07-030, with
Recess
PUBLIC WORKS DEPARTMENT – ROAD DIVISION
Public
Works Director
It is moved by Supervisor Pyle and seconded by Supervisor Hanson to authorize
the Public Works Director to sign Contract Change Orders with Miller’s Custom
Work, Inc. for the Skyline
East construction project in an additional amount of not-to-exceed $517,735.
Supervisor Chapman asks for further information. Mr. Millar states they are adding several items
such as: new Caltrans requirements
require a flatter slope along the roadways affecting drainage; some drainage
revisions required the road to be raised to cover drainage; some chain link
fence requirements; transition ramps going to advance warning lights to be
posted before the traffic signal at the intersection. Lassen Municipal Utilities District needed to
relocate some power lines that required extra trenching. Mr. Millar feels confident these will be the
last expenses requested. Supervisor
Chapman asks when the project is expected to be finished. Miller Construction representative Tony
Ardito states they are looking at around the middle of September or October.
The motion carries unanimously.
COMMUNITY DEVELOPMENT DEPARTMENT -
Assistant Community Development Director Joe Bertotti presents a draft of a
Development Agreement (DA) for the
Supervisor Keefer states the process needs
to keep moving and Supervisor Chapman agrees with that statement. Supervisor Chapman states there is an
inaccurate description on page 10, section 2.13 regarding the zip code. Discussion is held on future meetings; the
Planning Commission has rescheduled their meeting to July 11. The Boards Public Hearing would be held at
Dyer Mountain Associates Counsel Bill
Abbott thanks the Board for arranging the schedule this morning so the managers
could attend. He states there are some
technical questions about some of the requested changes but he feels everyone
is pointed in the right direction so it will be ready for presentation to the
Planning Commission.
BOARD OF SUPERVISORS - SUSANVILLE AREA
POOL JOINT POWERS AUTHORITY (JPA)
It is moved by Supervisor Keefer, seconded by Supervisor Hanson and carried
unanimously to appoint Supervisor Pyle as the County’s representative to
negotiate final terms of the pool JPA.
COMMUNITY DEVELOPMENT / PUBLIC WORKS
Community Development Director Conrad Montgomery presents information on a
project in Susanville that will impact some County residents, as requested by
the Board at the last meeting. The City
of
Mr. Montgomery states the project is for
76 units of affordable housing.
Supervisor Chapman reports there were
concerns about the ingress and egress onto
Mr. Montgomery states a community meeting
was held in May but he does not have any notes from that. The City has started sending packets to the
County’s Community Development Department.
Jim McCarthy of Gold Run Realty states he
is the broker of record for the developers and for the current land owners on
the
COMMUNITY DEVELOPMENT DEPARTMENT -
ECONOMIC DEVELOPMENT / HOUSING
Community Development Director Conrad Montgomery states this agenda item was
presented at the June 19 meeting under the Community Development Commission but
it needs to be acted on by the Board of Supervisors.
It is
moved by Supervisor Keefer, seconded by Supervisor Hanson and carried on a roll
call vote with Supervisor Chapman voting NO, to introduce, by title only,
Ordinance No. 560-A, containing a description of the Lassen County Community
Development Commission's (CDC) Program to acquire real property by eminent
domain in the boundaries of the Sierra Army Depot Redevelopment Project Area.
COMMUNITY DEVELOPMENT
DEPARTMENT - PLANNING DIVISION
Community Development Director
Supervisor Keefer asks about qualifications of the people from PMC doing the
work. Mr. Montgomery states they have
already been working on projects for the last month and a half and have had no
problems.
It is
moved by Supervisor Keefer, seconded by Supervisor Pyle and carried, to
authorize the CAO to execute a contract with Pacific Municipal Consultants
(PMC) to provide planning assistance (not to exceed $12,800/month) for a term
of six months, subject to revisions requested by
Mr. Montgomery states the fee schedule analysis/revision item will
be brought back to the Board at a later date.
HEALTH
& SOCIAL SERVICES - PUBLIC HEALTH
DIVISION
Deputy CAO of Health and Social Services Kevin Mannel presents information on
the request to adopt a resolution implementing the California Statewide Medical
Marijuana Identification Card Program and fee which has been previously
discussed by the Board. Staff recommendation
is to approve the identification card and the fee schedule as presented. He states that adopting this resolution does
not approve the use of marijuana but is approving the intent of Prop 215 which
is State law; as noted it does conflict with federal law. The
Public Health Department is currently fully staffed with six public health
nurses and should have the capacity to process the identification cards and
implement the fee scale.
Supervisor
Keefer asks about pending court cases.
Senior Deputy County Counsel
Supervisor
Keefer asks Sheriff Warren what might occur if someone was driving under the
influence of marijuana. Sheriff Warren
responds that a quantity of marijuana in a person’s system is hard to
measure. However the objective symptoms
of being under the influence are not hard to measure; it would be as done with
a DUI. What is being done today looks
like a compliance issue and the law is calling for the identification cards. It will have no impact at all on how his
department does their job. When there is
a violation of the law, it will be enforced. Further discussion is held.
Supervisor
Chapman asks about the fees and Mr. Mannel explains the resolution establishes
the fee at $150 ($66 to the State) and $117 for MediCal participants ($33 to
the State). Mr. Chapman states his
concern that the State law requires implementation of this program is in
conflict with Federal law. He also
states he will support the process if the resolution includes another paragraph
stating “Be it further resolved that the front of the identification card will
have stamped in red print “Not valid under federal law”. Mr. Mannel states they will check to see if
it is within their authority to do that.
Further discussion is held.
It is
moved by Supervisor Chapman, seconded by Supervisor Hanson and carried
unanimously to adopt Resolution 07-029 implementing the California Statewide
Medical Marijuana Identification Card Program and fee, with the wording “Be it
further resolved that the words “Not valid under federal law” shall be stamped
on the front of the card in red ink.” be added to the resolution.
SHERIFF'S
DEPARTMENT – INVOICE
It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to
approve payment to Miles Plumbing in the
amount of approximately $14,227 for installation of the G3 sewage grinder. This
amount includes all sub-contractor's fees.
COUNTY ADMINISTRATIVE OFFICE
BUDGET/AUDIT, LEGISLATIVE AND
FACILITIES PLANNING ADVISORY COMMITTEE
Information is presented on Budget
& Legislative Committee Minutes for
BUDGET
Assistant to CAO Julie Morgan
presents report on 2007/2008 Preliminary Budget Tabulations.
SUPERVISOR KEEFER
It is moved by Supervisor
Hanson, seconded by Supervisor Keefer, and carried unanimously to authorize the
Chairman to sign letters to Senators Boxer, Feinstein and Reid and Congressman
Doolittle opposing the proposal by Bureau of Land Management (BLM) to eliminate
the Ravendale Initial Attack Helicopter in the 2007-2008 budget.
SUPERVISOR DAHLE
It is moved by Supervisor
Keefer, seconded by Supervisor Hanson, and carried unanimously to approve the
Memorandum of Understanding (MOU) regarding Sagebrush Steppe Restoration project,
and authorize Chairman to sign.
AGENDA APPROVAL, ADDITIONS
AND/OR DELETIONS – Continued
Supervisor Chapman states he was
just advised that Public Works employee Jon Michaels passed away and would like
to include his name in the Adjournment of the meeting.
ADJOURNMENT
IN MEMORY
There being no further business, the
meeting is adjourned at
A. Pingree, Bob Roe, William
“Bill” Reed and Jon Michaels.
_____________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
____________________________________
SUSAN
OSGOOD, DEPUTY CLERK OF THE BOARD