BOARD OF SUPERVISORS

 

                                                                             JULY 11, 2006

 

                                        

The Lassen County Board of Supervisors convene in Regular Session at 9:04 a.m.  Chairman Pyle 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:  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. Management Unit (LCPOAMU), and f) Management.

 

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, Personnel Director Ron Vossler and County Clerk Theresa Nagel.  Supervisor Chapman enters at 9:18 a.m.  Closed Session is recessed at 9:41 a.m.

 

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, July 11, 2006, at 9:44 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 Dahle.

 

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

The County Clerk announces the Closed Session dealt with:

 

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. Management Unit (LCPOAMU), and f) Management - no reportable action taken.

 

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

Supervisor Chapman requests the meeting be adjourned in memory of Benjamin Stelzriede.

 

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

 

PUBLIC COMMENT

1.         Agriculture Commissioner Ken Smith provides information on the Secretary of Agriculture Weed Tour on July 19, 20 & 21, 2006.  Supervisor Hanson states he is appreciative of the current efforts for Tall White Top control but wants to see a big project put together.

2.         Tom Esgate states that he has some ideas on ways to help on the weed eradication projects.

 

He thanks Supervisor Chapman for his vital assistance with the Lahontan Water Quality Control Board in regard to acceptance of waivers filed on behalf of the landowners for the River Bench Project.  The Governor's Office also got involved and finally the Lahontan Executive Officer found a remedy.

3.         Melanie Ernaga reads a Board of Supervisor's motion regarding the Janesville Park Equestrian Arena.  She asks if the practice arena is going to be moved this week prior to a weekend scheduled event where young riders would need to use the arena.  Supervisor Keefer responds a contractor is donating his time and equipment and the movement of the arena is dependent upon when he is available.  If he will be working on the Monday, the arena has to be taken down this week, but if he will begin work later, the arena could be taken down on Sunday.  Mrs. Ernaga's other concern regarding the practice arena relates to several scheduled events and she asks if it will be reconstructed in time for these events.  Supervisor Keefer states he offered the practice arena on a temporary basis, but in discussions with equestrian representatives things seem to change daily - he feels there is a communication problem between the riders.  Supervisor Chapman states we need an agreement in place before work is performed.  Supervisor Keefer states an agreement has been impossible to arrive at and this contractor will do the work free of charge and we have to accommodate him.  Supervisor Keefer states his intent is to move forward with the work as the County is the owner of the park and it is not the equestrian groups place to tell the County what has to be done.  Supervisor Chapman notes this is public comment and we are getting too deep into discussions.  He suggests the equestrian group and Supervisor Keefer meet further to discuss this.

4.         Deputy CAO for Health and Social Services (HSS) Kevin Mannel introduces new directors with HSS.  Danielle McGuire resigned as the Family and Child Protective Services (F&CPS) Director effective July 7th and resumed employment with Lassen County CPS Division as extra help overseeing Special Projects.  Special Projects encompass approximately a four month period and include completion of AB 636 (Child Welfare Redesign Three Year Plan).  New F&CPS Director Terry O'Brien, formerly employed by Environmental Alternatives a local foster care agency.  Terry has a Masters of Social Work and will oversee a division that includes CPS, Adult Protective Services and In-home Supportive Services.  Julia Terrill is the new Public Health Director and has relocated from Tennessee.  Julia has a strong home health background and a four year nursing degree.  Joanne Zimmermann and Richard Kanavel are two State Public Health Nurses who accepted county employment.  Mike Schneider is the new Veteran Services Officer replacing Larry Rogers.  Mike previously worked for Sierra Army Depot.  Larry Rogers will continue in a temporary part-time basis until the budget approval process indicates future plans.  Tiffany Armstrong - the Quality Improvement and Quality Assurance Manager recently completed her Masters Degree.  She explains plans for her division.

(Supervisor Hanson departs at 10:19 a.m.)

 

UNAGENDIZED BOARD REPORTS

1.         Supervisor Keefer announces there will be a RAC meeting this week to go over proposals.  He wants an item on the July 25th agenda for a decision on the allocations of Title II and III funds.  (Supervisor Hanson returns at 10:20 a.m.)  Discusses the Boulder Fire (Plumas County) and the good communication with Janesville residents - notes Antelope Lake is important to Lassen County and there is concern over the closure of the boat ramp until hazard trees can be removed. (Supervisor Chapman departs at 10:24 a.m.)  Reports on LAFCO meeting and desire by Susanville Library District to expand the district - looks like the ball has been dropped and this needs to get done timely.

2.         Supervisor Hanson speaks more about the Library District expansion and notes the Library has indicated Lassen County is the only county that does not contribute financially to the library.  LAFCO established their work plan to focus on fire districts.   (Supervisor Chapman returns at 10:29 a.m.)

3.         Supervisor Pyle announces the budget committee will meet again today.  Asks for a member to attend the Fair Advisory Board meeting tonight and Supervisor Chapman agrees to attend.

 

ALCOHOL AND DRUG ADVISORY BOARD

It is moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to appoint Homer Cissell to fill a vacancy on the Alcohol and Drug Advisory Board.

 

CONSENT CALENDAR

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

 

COUNTY CLERK ITEM

Approve Minutes of June 27, 2006.

 

HEALTH & SOCIAL SERVICES ITEMS

Approve and authorize the CAO to sign State Agreement Mental Health Services for Medi-Cal Beneficiaries of Lassen County #06-76028-000 in the amount of $412,151.72 for FY 2006/2007, and subsequent agreement documentation.

 

ALCOHOL AND OTHER DRUG

Authorize transfer of 1994 Ford Motor Home, otherwise known as the "HEART Van" to Northeastern Rural Health, Inc., a non-profit organization per Government Code 25372, for use in providing mobile oral health treatment and prevention services.

 

PUBLIC HEALTH

Approve and authorize the CAO to execute Declaration of Intent Not to Apply for Rural Health Services Funds for FY 2006/2007 as it is not cost efficient for Lassen County to administer this program.

 

PUBLIC WORKS DEPARTMENT - SURVEYOR DIVISION ITEM

Adopt Resolution No. 06-049, approving Parcel Map #2005-56, Fred and Theresa Nagel.

 

TREASURER/TAX COLLECTOR ITEM

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                 $ 1,723.97    $     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

 

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a.   Susanville City Council meeting agenda for June 27, 2006 and Susanville City Council Notice of Call of Special Meeting for June 27, 2006.

b.   Local Agency Formation Commission (LAFCO) of Lassen County meeting agenda for July 10, 2006.

c.   Lassen County Planning Commission meeting agenda for July 5, 2006 recessed to July 12, 2006 as Joint meeting with the Board of Supervisors.

d.   Lassen County Technical Advisory Committee meeting agenda for July 13, 2006.

e.   Susanville City Council meeting agenda for July 5, 2006.

f.   Lassen County Planning Commission REVISED meeting agenda for July 5, 2006 recessed to July 12, 2006 as Joint meeting with the Board of Supervisors.

 

BOARD OF SUPERVISORS

It is moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to reappoint Cindy Lauer to the Far Northern Coordinating Council on Developmental Disabilities Board of Directors.

 

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION

Community Development Director Robert Sorvaag provides information on the Bureau of Land Management, Carson City Field Office, Record of Decision for the Intermountain Water Supply portion of the North Valley's Right-of-Way Project Environmental Impact Statement.

 

Supervisor Hanson would like to see an appeal filed.

 

It is moved by Supervisor Hanson, seconded by Supervisor Keefer and carried to direct staff to file an appeal.

 

CORRESPONDENCE

1.         The Department of Toxic Substances Control update on new programs and policies and request for suggestions on how state and county governments can work together to ensure the environment and public health are protected is received and filed.

 

2.         The announcement from State Department of Transportation Right of Way Field Office of the acquisition of property from Scott Lanny Humphrey, Trustee of the Margaret L. Humphrey 1999 Revocable Trust, for highway purposes and request that the State's pro-rata share of general and special county and/or city taxes be cancelled, is received and filed.

 

Recess 10:36 a.m.

 

JOINT WORKSHOP WITH PLANNING COMMISSION

Reconvene in a joint workshop with the Lassen County Planning Commission at 9:40 a.m. on July 12, 2006. 

 

Present:  Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; Planning Commissioners Toni Poulsen, Mark Totten and Bob Beckett; Community Development Director Robert Sorvaag, Assistant Community Development Director Bertotti and County Clerk Theresa Nagel.

 

Community Development Director Robert Sorvaag presents the staff report - public review period has begun and will continue for 45 days closing August 25, 2006 (CDs are available at no cost) for the Dyer Mountain Environmental Impact Report #2001-035, Dyer Mountain Associates, LLC. The project includes a 13-lot subdivision to facilitate the long-term development of a four-season resort, including recreational facilities (primarily golf and skiing), approximately 4,104 residential units (a mix of single family, multi family, and lodging), approximately 333,800 square feet of commercial/retail and support facilities, on approximately 7,000 acres.  The project is located southwest of the Town of Westwood and is currently used for timber production and cattle grazing.  Zoning designations are Mountain Resort (MR) and Timber Production Zone (TPC); the General Plan designation is Mountain Resort.

 

Consultant Katherine Waugh reviews the Recirculated Draft EIR (DEIR) preparation process.  Recirculation, as required by CEQA, is needed when significant new information is presented; new significant impacts are identified; new mitigation measures are identified.  Recirculation allows for public review and comment on new information, impacts, and mitigation measures.  The recirculated sections are:

Existing Transportation Infrastructure - traffic operations on 3 segments of State Route 36; reduction in roadway segment travel speeds resulting from intersection signalization; and traffic operations at 5 additional intersections in the Chester area.

Local and Regional Air Quality - increased residual significance, after implementation of mitigation measures, of construction impacts compared to the significance identified in the DEIR; analysis of the maximum annual emissions expected to occur when construction of the final development phase is combined with operation of the majority of the project; estimated air pollutant emissions totals in tons per year, in addition to the pounds per day estimates described in the DEIR; and additional mitigation measure of woodstove buyout, proposed to be implemented.

Cultural Resources - spiritual uses and significance of the project region; potential direct impacts of project development on those spiritual uses; and 8 new mitigation measures to reduce identified impacts.

 

Revision to Project Description: 

Subsequent to the DEIR circulation, Lassen County received correspondence from the applicant withdrawing the Phase 1 Development Plan portion of the project; the EIR no longer provides "project level" analysis; potential start-up phase described (similar to Phase 1) as possible scenario for initial stage; no entitlements currently sought for any phase; environmental review will be required as applications for entitlements are made; elimination of Phase 1 is not expected to result in any new significant impacts not previously identified or to require implementation of additional mitigation measures; Appendix C contains changes to DEIR text due to Phase 1 withdrawal.

 

Consultant Wayne Shijo reviews the traffic and air quality sections of the Recirculated Draft EIR.  He notes the applicant has offered an additional mitigation of a Buy Out Program of Older Less Efficient Wood Stoves.

 

Katherine Waugh reviews the Cultural Resources Research that was performed (including information obtained through comments on the DEIR; research conducted - review of FERC/PG&E data, communication with ARP, US Forest Service and California Department of Forestry; consultation with Susanville Rancheria and Greenville Rancheria) and the analysis and impacts.  Presents new cultural resource mitigation measures:

Monitoring of chert quarry; interpretative signage; employee training/education program; Native American access to portions of the project site for plant gathering; block existing onsite roads leading to Homer/Deerheart Special Interest Area; design new trails and marketing materials to emphasize trail use in the western portions of Dyer Mountain and in the baselands of the project site; monitoring of trail use within the southern and southeastern portions of the site to identify the extent of access from the project site to the Homer/Deerheart Special Interest Area.

 

Presents information on the timelines and the form in which comments are to be presented.  The comments are limited to transportation and circulation, air quality and cultural resources and are to be in written form. 

 

Provides information on where the process goes from here - comments on the DEIR and Recirculated DEIR considered and responded to in the Final EIR; Lassen County determines whether or not EIR complies with CEQA requirements; Lassen County considers the tentative map that has been submitted; applications for future development components submitted; Lassen County evaluates these for consistency with environmental documentation, as r