BOARD
OF SUPERVISORS
NOVEMBER
26, 2002
The
Lassen County Board of Supervisors convenes in Regular Session on Tuesday,
November 26, 2002, at 9:31 a.m.
Present: Supervisors Robert Pyle,
Jim Chapman, Lloyd Keefer, Brian Dahle, and Everd McCain; County Counsel John
Ketelsen, Acting County Administrative Officer (CAO) Tom Keeffer and County
Clerk Theresa Nagel. Following the flag
salute, the invocation is offered by Supervisor Dahle.
ANNOUNCEMENT
OF ITEMS DISCUSSED IN CLOSED SESSION
Chairman
Dahle announces that no closed session was held.
AGENDA
APPROVAL, ADDITIONS AND/OR DELETIONS
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to approve
the agenda as posted.
PUBLIC
COMMENT
In-Home
Supportive Services Advisory Board (IHSS) Member Chuck Garner states the role
of the IHSS Board has changed from making recommendations to being a watch-dog
committee and therefore Peggy Crosby cannot be a member of the board because
she is being watched and that goes for Gail Holmes also.
UNAGENDIZED
BOARD REPORTS
1. Supervisor Keefer provides the following
information on the Resource Advisory Committee (RAC) meetings: have held three meetings focusing on
orientation; set a tentative project due date of January 31, 2003; will be
contacting all interested groups and organizations for ideas on projects for
Title II funding; hope to have recommendations for projects submitted to the
Forest Service by March 31, 2003; one possible project he has heard about would
address illegal dumping on public lands.
2. Supervisor Keefer reports the CSAC Conference
focused on the doom and gloom of the state budget. The legislative analyst is projecting a $6.1
billion shortfall. At the Health and
Human Services Policy Committee Meeting there was a feeling that their programs
would be looked at very closely due to the budget crisis. He also attended the IHSS Committee Meeting
and heard the counties that chose the public authority route were experiencing
increases to costs and request for services.
He did not get any firm opinion on which route was best for IHSS
programs. He announces that Supervisor
Chapman was re-elected to the CSAC Executive Board. Another big issue discussed was the
restructuring of NACO.
3. Supervisor Chapman further discusses the
restructuring of NACO and the plan to delay payments for membership until after
the first of the year in an attempt, by California counties, to get a permanent
California representative on NACO.
4. Supervisor Chapman will be placing an item on
the next agenda to approve agreements for the County to hold in trust the Camp
Fire Cabin for the benefit of the organization.
He also notes the Standish 4-H Building ownership is still being worked
on.
5. Supervisor Chapman attended the Senior
Citizens Program meeting and was approached by members of the Doyle Seniors
Group in regard to needed paving of a parking area in front of their
building. He would like to have a report
from the Public Works Director.
Supervisor McCain responds that he has been working with Larry Millar on
this and it was planned to have the paving done by now, but due to other
obligations the work will be performed in the spring.
6. Supervisor Chapman has received complaints
from local pilots about the poor condition of the Spalding Airstrip
runway. Supervisor McCain states the
runways for all airstrips in the county are to be resurfaced next spring.
7. Supervisor Dahle states all the County
Department Heads need to be aware that next year will be a very trying year in
regard to budgets due to the huge State Budget shortfall - estimated to be
$28-$32 billion.
8. Supervisor Dahle designates $500 of his
discretionary funds for the Big Valley Endowment Foundation.
MENTAL
HEALTH ADVISORY BOARD
It is
moved by Supervisor Keefer, seconded by Supervisor McCain and carried to accept
the letter from Mary S. Gregg resigning
from the Mental Health Advisory Board, and direct Clerk to advertise vacancy to
fill the consumer position.
CONSENT
CALENDAR
It is
moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to take
the noted action on the following Consent Calendar items:
COUNTY
CLERK ITEM
Approve
Minutes of November 12, 2002.
COUNTY
CLERK - PROPOSITION 65 REPORT ITEM
Receive
and file report #02-10, filed by Redding Area CHP Commander Captain David K.
Hahn, on November 14, 2002 - NOTIFICATION OF HAZARDOUS MATERIALS RELEASE: On November 7, 2002, received notification of
a hazardous materials spill of approximately 30 gallons of diesel fuel from an
overturned truck on the shoulder of SR 139, south of Hayden Hill Road. The spill was cleaned up by a certified
company under the supervision of CalTrans.
ADMINISTRATIVE
SERVICES - PERSONNEL ITEM
Receive
and file Personnel Movement report for October, 2002.
ADMINISTRATION
SERVICES - PURCHASING ITEM
Award
bid to Cashman Equipment, Sparks, the lowest bidder meeting specifications, for
an Articulated Motor Grader in the amount of $222,387.16 and authorize the
County Administrative Officer to sign the financial agreement for a lease upon
review and approval of County Counsel; and award bid to United Rentals,
Susanville, the lowest bidder meeting specifications, for an Asphalt Roller in
the amount of $14,478.75.
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
October, 2002; and High Desert State Prison Trials Cost Reimbursement Billing
for the month of October, 2002.
Receive
and file recap of CCC Prison Trials Cost Reimbursement Billing for fiscal year
2001/2002; and High Desert State Prison Trials Cost Reimbursement Billing for
fiscal year 2001/2002.
COUNTY
COUNSEL ITEM
Reject
claim of Brenda Vasquez, in its entirety, and direct County Clerk to send
Notice of Rejection.
MISCELLANEOUS
CORRESPONDENCE ITEMS
Receive
and file the following correspondence:
a. Lassen County Alcohol and Drug Advisory Board
meeting agenda for November 19, 2002; and minutes of October 1, 2002.
b. Lassen
County Technical Advisory Committee meeting agenda for December 3, 2002.
Recess
9:56 - 10:02 a.m.
BOARD
OF SUPERVISORS PRESENTATIONS
1. It is moved by Supervisor Chapman, seconded
by Supervisor Keefer and carried to adopt a Proclamation honoring Congressman
Wally Herger.
Following
the reading and presentation of the proclamation and a Lassen County plaque,
Congressman Herger expresses his appreciation.
He also comments that a statement made by Supervisor Dahle "that we
will now have two legislators voting on issues that affect our county", is
correct. Even though he will no longer
be our representative he will still take the same stance on issues important to
Lassen County.
Supervisor
Chapman wants to acknowledge the great help that Congressman Herger's staff
have been and specifically acknowledges Field Representative Fran Pease who is
present today.
2. It is moved by Supervisor Chapman, seconded
by Supervisor Pyle and carried to adopt Proclamation of appreciation for BLM
Field Manager Linda Hansen. Linda Hansen was not able to be present today.
COMMUNITY
DEVELOPMENT DEPARTMENT - PLANNING DIVISION
It is moved
by Supervisor Pyle, seconded by Supervisor Keefer and carried unanimously, on a
recall vote, to:
1) receive Land Conservation Committee
recommendation on Agricultural Preserve #2002-123, Hesseltine, application to
establish an agricultural preserve on approximately 945 acres of land and enter
said land into a Williamson Act Contract.
The subject land is located adjacent to Red Rock Road (CR 512),
approximately 12 miles east of Madeline; adopt Land Conservation Committee
findings; and adopt Resolution No. 02-075, establishing an agricultural
preserve and authorize the execution of a Williamson Act Contract;
2) receive Land Conservation Committee
recommendation on Agricultural Preserve #2002-79, Rouse, application to
establish an agricultural preserve and create a farmland security zone on
approximately 160 acres of land and enter said land into a Farmland Security
Zone Contract. The subject land is
located adjacent to Susanville Road (CR 422), approximately 2 miles northeast
of Bieber; adopt Land Conservation Committee findings; and adopt Resolution No.
02-076, establishing an agricultural preserve and the creation of a farmland
security zone for the subject property, and authorize the execution of a
Farmland Security Zone Contract;
3) receive Land Conservation Committee
recommendation on Petition by Alturas Ranches to establish an agricultural
preserve and create a farmland security zone on approximately 781.15 acres of
land and enter said land into a Farmland Security Zone Contract. The project site is located approximately 5
miles northwest of Termo, on the west side of US HWY 395; adopt Land
Conservation Committee findings; and adopt Resolution No. 02-077, establishing
a farmland security zone and authorize the execution of Farmland Security Zone
Contract; and
4) receive Land Conservation Committee
recommendation on Petition by Green Valley Enterprises, Agriculture Preserve
#AA 120 & #AA 140, Land Conservation (Williamson Act) participants, to
amend their present Williamson Act contract then enter 16,846.95 acres of
Agricultural Preserve land into a Farmland Security Zone contract. The project site is located approximately 5
miles northwest of Termo, on both sides of US HWY 395. APN(s) various; adopt Land
Conservation Committee findings; and adopt Resolution No. 02-078, establishing
a farmland security zone and authorize the execution of Farmland Security Zone
Contract.
BOARD
OF SUPERVISORS
It is
moved by Supervisor Keefer, seconded by Supervisor McCain and carried to adopt
Resolution No. 02-079, proclaiming November 11 - 15 2002 as "The United
Way's Week of Caring".
HEALTH
AND HUMAN SERVICES - MENTAL HEALTH DIVISION
It is
moved by Supervisor Keefer and seconded by Supervisor Pyle to approve State
Department of Mental Health Agreement No. 02-72021-000, in the amount of
$294,328, for FY 2002/2003 along with the Contractor Certification Clause
forms; and authorize the County Administrative Officer to sign the documents.
Supervisor
Chapman wants to know how the emergency mental health services are
addressed. He has seen first hand the
difficulty of getting a person into the mental health program when it starts as
an emergency.
Health
and Human Services Director Tom Keeffer states he will have staff prepare a
report on how the process works.
Supervisor
Chapman states this is not the first time this issue has surfaced and he is
surprised that it has not been addressed.
He encourages the Health and Human Services Director and the CAO to talk
with emergency room staff in order to understand the problems.
Supervisor
Keefer notes the Mental Health Advisory Board has not had an opportunity to
address this issue, but he also sees it as a problem area.
Chairman
Dahle directs Health and Human Services Director Tom Keeffer to bring a report
back to the Board.
The
motion carries on a roll call vote, with Supervisor Chapman voting NO.
COMMUNITY
DEVELOPMENT - SURFACE MINING DIVISION
Planner
Rick Simon presents a report on the reclamation status for Reclamation Plan
#95075, Ramhorn Sand Pit, Tuscarora Gas Transmission Company and requests the
board members consider releasing the reclamation bond.
It is
moved by Supervisor Pyle, seconded by Supervisor Chapman and carried
unanimously, on a roll call vote, to adopt Resolution No. 02-080, finding the
site to be reclaimed, releasing the reclamation bond, and authorizing the CAO
to sign bank documents on behalf of the County to effect the release.
COMMUNITY
DEVELOPMENT DEPARTMENT - PLANNING DIVISION
Supervisor
Pyle compliments staff and the Planning Commission for the work done to prepare
the Westwood/Clear Creek Area Plans and notes the community is satisfied.
It is
moved by Supervisor Pyle, seconded by Supervisor Chapman and carried
unanimously, on a roll call vote, to adopt Resolution No. 02-081, making
findings required pursuant to the California Environmental Quality Act and;
adopt Resolution No. 02-082, adopting the Westwood/Clear Creek Area Plan.
It is
moved by Supervisor Pyle, seconded by Supervisor Chapman and carried
unanimously, on a roll call vote, to adopt the Mitigation Monitoring Program.
Supervisor
Chapman asks if the maps in the plans have been closely checked so problems
that occurred in the past (Wasneechak & Soule) are not repeated.
Community
Development Director Robert Sorvaag and Assistant Community Development
Director Bertotti respond they have been checked by staff and with the help of
community members, but there are no guarantees.
Supervisor Pyle feels sure since he was involved there will be no
problems. It is the consensus of the
board members these statements need to be entered into the record.
CORRESPONDENCE
1. Construction Notification letter from
California Department of Corrections Director Edward S. Alameida, Jr. stating
construction of replacement dorms for the Antelope Camp has been authorized, is
received and filed.
2. A Certified Copy of a portion of Humboldt
County Board of Supervisors meeting of October 22, 2002 and Resolution #02-93
requesting support from all California counties of CalTrans Buckhorn Grade
Improvement Project which would connect Humboldt County with the National
Surface Transportation Assistance Act (STAA) Network allowing access for large
interstate trucks, is received.
It is
moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to support
of the CalTrans Buckhorn Grade Improvement Project.
3. A letter from Elections Pollworker Carol
Mason thanking the Board of Supervisors for allowing the use of the new Visitor
Center as a polling place, is received and filed.
GRAND
JURY RESPONSE
Supervisor
Chapman and Supervisor McCain report on the meeting held with Health and Human
Services Director Tom Keeffer and Welfare Director Peggy Crosby to discuss how
to address the problems with the Child Protective Services Program.
It is
moved by Supervisor Chapman, seconded by Supervisor McCain and carried to approve
sending letter to the Superior Court Judge responding to the 2001/2002 Grand
Jury Report for Health and Human Services Department - Social Services Division
(Child Protective Services).
Recess
10:44 - 11:00 a.m.
COMMUNITY
DEVELOPMENT DEPARTMENT - PLANNING DIVISION
The
public hearing is opened at 11:00 a.m. to consider the appeal of Planning
Commission's approval of Use Permit #2000-113, Herlong Utility Cooperative, and
Certification of the Final Environmental Impact Report (EIR) for the project to
allow for the development of a new water and wastewater system in and around
the community of Herlong.
Community
Development Director Robert Sorvaag presents a brief staff report.
Herlong
Utility Cooperative (HUC) Project Manager Don Armstrong and local farmer Tim
Garrod submit requested revisions to the Mitigation Monitoring Program and
Conditions of Approval for the referenced permit. It is stated the HUC and appellants have
reached an agreement whereby the risks associated with potentially significant
impacts have been mitigated such that the HUC will bear the risks to the
satisfaction of the appellants. As a
result, the appellants withdraw their objections to the certification of the
EIR and the Conditions of Approval to the Use Permit, and respectively request
that the Board of Supervisors certify the EIR and adopt the mutually proposed
revisions to the Mitigation Monitoring Program and Conditions of Approval as
submitted.
Tim
Garrod states the ten year agreement between HUC, himself and Randy Azevedo
should provide time to have sufficient information on the impact to agriculture
wells.
Extensive
discussion is held on what obligations there are if project monitoring
indicates that the static groundwater level as measured prior to the beginning
of irrigation season, in the Randy Azevedo production well, has receded more
than ten feet as a direct result of project pumping.
Phil
Nemir feels folks in the agriculture community, HUC and the Prison
representatives need to be complimented on getting together to work out a
compromise. He does feel that one thing
needs to be done without delay and that is to activate the Long Valley
Groundwater District as the mechanism to oversee the monitoring of groundwater. He feels the County is out of compliance by
not activating this district and making it responsible for oversight of this
project.
The
hearing is closed at 11:30 a.m.
Supervisor
Dahle feels that groundwater monitoring is very important and Supervisor Pyle
responds that AB 3030 provided money for such monitoring and monitoring has
begun. Supervisor Dahle would like
County Counsel to look into the Long Valley Groundwater District (LVGD)
legislation.
County
Counsel John Ketelsen states the LVGD legislation is permissive and has no
bearing on this use permit.
It is
moved by Supervisor Keefer, seconded by Supervisor McCain and carried
unanimously, on a roll call vote, to adopt Resolution No. 02-083, making
findings regarding environmental effects for the Herlong Water and Wastewater
Systems Project.
It is
moved by Supervisor Pyle, seconded by Supervisor McCain and carried
unanimously, on a roll call vote, to adopt Resolution No. 02-084, approving Use
Permit #2000-13, Herlong Water and Wastewater System, Herlong Utilities
Cooperative.
It is
moved by Supervisor Keefer, seconded by Supervisor McCain and carried
unanimously, on a roll call vote, to adopt the amended Mitigation Monitoring
Plan.
ADJOURNMENT
IN MEMORY
There
being no further business, the meeting is adjourned at 11:50 a.m. in memory of
long time Lassen County resident Edith Dieter.
__________________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
_______________________________________
THERESA
NAGEL, CLERK OF THE BOARD