BOARD OF SUPERVISORS

MARCH 26, 2002

The Lassen County Board of Supervisors convene in Regular Session on Tuesday, March 26, 2002, at 9:30 a.m. Present: Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Everd McCain; County Counsel Bill Murano, County Administrative Officer (CAO) Andy Whiteman and County Clerk Theresa Nagel. Following the flag salute, the invocation is offered by Supervisor Chapman.

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

Chairman Dahle announces that no closed session was held.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

The County Clerk notes that Community Development Director Robert Sorvaag wanted Item H-4, Fire Safe Council grant application, heard early in the meeting. Chairman Dahle states it will be considered following Board Reports.

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

CONSENT CALENDAR

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

COUNTY CLERK ITEM

Approve minutes of March 19, 2002.

COUNTY CLERK - PROPOSITION 65 REPORT ITEM

Receive and file report #02-02, filed by Lt. J. B. Godnick, CHP Commander -NOTIFICATION OF HAZARDOUS MATERIALS RELEASE: On March 7, 2002, received notification a tractor trailer combination was involved in a head-on collision on State Route 36, 1.3 miles west of Roxie Peconom Campground Road. The tractor trailer came to rest on the south dirt shoulder puncturing the right side saddle tank which resulted in a diesel fuel spillage of less than 150 gallons onto the dirt shoulder. The clean up was coordinated by the California Department of Transportation, and expected to be completed on March 8, 2002.

ADMINISTRATIVE SERVICES - PURCHASING DIVISION ITEM

Approve the purchase of computer hardware and software for the Family Support Department through CMAS in an amount not to exceed $27,000 (does not include tax and shipping).

BOARD OF SUPERVISOR'S ITEM

Approve extending county insurance coverage for the Annual Junior Fishing Derby, and direct that a letter of support be sent to the Lassen Sportsmens Club.

OFFICE OF EMERGENCY SERVICES ITEM

Ratify continuation of Declaration of State of Disaster / Emergency in Lassen

County.

SHERIFF'S DEPARTMENT ITEMS

Approve Financial Aid Application to the State of California Department of Boating and Waterways for 2003/2004 Financial Aid; authorize Sheriff to sign contractual application/agreement; and authorize Chairman to sign Agreement for Financial Assistance.

Approve participation in the Lassen and Modoc National Forest 2002 Cooperative Plans to provide patrol services for the 2002 recreational season; and authorize Sheriff to sign the Cooperative Plans.

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a. Lassen County Technical Advisory Committee meeting agenda for March 26, 2002.

b. In-Home Supportive Services Advisory Board revised meeting agenda for March 20, 2002.

c. Lassen County Air Pollution Control District Governing Board meeting agenda for March 28, 2002, and minutes of February 5, 2002.

BIG VALLEY FIRE PROTECTION DISTRICT

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to accept the letters of resignation from John Finnell and Charles Kramer of the Big Valley Fire Protection District.

PUBLIC COMMENT

1. Lassen County Fish and Game Commission Member Tim Simon provides an update on the Trout Species Protection Act which requires that 45 miles of stream each year be specially protected. The act has the word "shall" so even if there is no problem for trout the fishing restrictions have to be implemented. He feels the word "shall" should be removed. Supervisor Dahle states that he will contact RCRC on this matter.

2. Violet Stout reads a poem entitled "Call It Spring".

UNAGENDIZED BOARD REPORTS

1. Supervisor Pyle welcomes the Westwood High School Senior Government Class to the meeting.

2. Supervisor Chapman reports on the CSAC Legislative Conference that he, Supervisor Keefer and CAO Whiteman attended. There were discussions relating to State budget cuts that will be needed, AB 1945, Open Meeting Act and SCA 87, Sunsetting Government. He provides information on the newspaper lobby pushing for passage of SCA 87 and distributes written information. He also relays stories about a near accident he and Andy witnessed and their experience with a flat tire.

3. Supervisor Keefer reports on discussions held at the CSAC Ag & Natural Resources Committee relating to groundwater issues.

4. Supervisor Keefer thanks the Lassen County Times for the retraction in today's paper relating to their misrepresentation of statements made at the Mental Health Advisory Board Special Meeting.

COMMUNITY DEVELOPMENT DEPARTMENT

John Crites, representing the Lassen County Fire Safe Council and the Janesville Fire Safe Council provides information on recent fires near Susanville. The areas within the fires that had been thinned helped with the fire suppression. Grants are being applied for to perform thinning operations (fuels reduction) on areas around Susanville and Janesville to help with fire control. Mr. Crites requests Board of Supervisor's support for the grant applications.

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to authorize the Chairman to sign a letter of support to be included in the submittal of the application by the Lassen County Fire Safe Council and California Department of Forestry and Fire Protection for a grant to conduct the Susanville West/Paiute Creek Canyon Fuels Treatment Program funded by the Community-based Wildfire Prevention Grants Program.

CARSON WANDERING SKIPPER

Bob Williams and Marcie Haworth, Nevada Fish and Wildlife Service, are present to discuss and provide information on the Endangered Species Act process for the Carson Wandering Skipper (CWS).

Marcie Haworth states a lawsuit led them to perform a study looking for CWS habitat. They looked at 78 possible sites and found two, one in Washoe County and one in Lassen County. She states there are various threats to the CWS such as urbanization, agriculture practices, water deportation plans, etc. She states the habitat for the CWS is salt grass, near a nectar source with non-alkaline vegetation.

Supervisor McCain states there are lots of areas that have this habitat and he is concerned there will be over-protection of similar habitats even though there may not be any CWS present. This could shut down lots of property.

Supervisor Pyle notes that Birdsfoot Trefoil (a nectar source for CWS) is only in Washoe and Lassen Counties because farmers have planted it. He talks about the "junk science" that has been used by the Fish and Wildlife Service (F&WS) to shut down logging and deprive Klamath Basin farmers of irrigation water. He states this is why there is so much mistrust over this issue, since there is so much unknown about the CWS. He feels the F&WS needs to find a way to work with farmers to protect the habitat for the CWS, but there must be strong assurances that their operations and livelihoods will not be taken from them.

Ms. Haworth and Mr. Williams discuss the peer review that was performed on the CWS study and also discuss programs to help protect the CWS and farmers - "Safe Harbor Agreement" and "Incidental Taking Permit".

Supervisor Chapman wants to know what the F&WS does to control the taking of CWS by collectors.

Mr. Williams states they are considering not disclosing critical habitat areas to avoid attracting collectors.

Supervisor Pyle wants the public comment period reopened and have public hearings held. He feels this is necessary since the F&WS did not notify the county in time to comment.

Mr. Williams does not believe this will happen but is willing to take the request back. He and Ms. Haworth indicate they still want information from the public even if the public comment period is not reopened.

Supervisor McCain feels the F&WS needs to get large landowner agencies involved in looking for other CWS sites.

PUBLIC HEARING - REZONE #2002-015, SIERRA PACIFIC INDUSTRIES

The public hearing is opened at 10:50 a.m. to consider Rezone #2002-015, Sierra Pacific Industries. Application to rezone eight parcels totaling 1663.89 acres from U-C-2 (upland Conservation/Resource Management District) to T-P-Z (Timber Production Zone). The parcels are located north of Highway 44 in the vicinity of Hog Flat Reservoir, and northeast of Susanville.

Community Development Director Robert Sorvaag presents the staff report. No one speaks against or in favor of the rezone and the hearing is closed at 10:52 a.m.

It is moved by Supervisor Pyle, seconded by Supervisor McCain and carried to introduce and adopt, by title only, Ordinance No. 467A-325, implementing the rezone.

PUBLIC HEARING - VARIANCE #2002-009, KAY AND JERRY DIETER

The public hearing is opened at 10:53 a.m. to consider Variance #2002-009 Kay and Jerry Dieter, a variance request from side yard setback requirements to allow for construction of a 30' x 30' attached garage/shop to an existing single family dwelling. The site is located at 471-600 Bantley Drive, Susanville.

Community Development Director Robert Sorvaag presents the staff report. No one speaks against the variance. Kay Dieter speaks in favor of the variance stating there is no opposition from their neighbors.

The hearing is closed at 10:57 a.m.

It is moved by Supervisor Keefer and seconded by Supervisor Pyle to adopt Resolution No. 02-020, approving Variance #2002-09, as recommended by the Planning Commission. Supervisor McCain requests an addition to the findings that "the fifteen (15) foot fire easement is an exceptional circumstance for this variance". The maker and second of the motion add this finding.

Supervisor Chapman states he will abstain on this issue because the applicant Kay Dieter is an employee of his business, not because he has any financial interest.

The motion carries with Supervisor Chapman abstaining.

Recess 11:00 - 11:03 a.m.

CALIFORNIA WILDERNESS COALITION

Chairman Dahle passes the gavel to Vice-Chairman Chapman and departs the room because his family owns property in relation to the Pit River Wilderness Area.

California Wilderness Coalition Conservation Associate Ryan Henson explains what the definition of wilderness area is - only federal land that is primarily affected by the forces of nature and not affected by man. Only Congress can designate Federal Wilderness Areas. His group has identified seven (7) million acres of land eligible for wilderness designation. In Lassen County the areas are: Pit River Study Area, Skedaddle Mountain Complex, Tunnison Mountain Area, and an area within Lassen National Park. He states they will not close any motorized routes that are legally being used.

Tim Simon asks if the 1980 Road Survey will be used. Mr. Hensen states there is no set list of roads as they are working with various users of roads in the areas to determine what needs to be kept open.

Martin Balding speaks about his backpacking experience in the John Muir Wilderness and how it gave him the opportunity to see an area that has remained the same as when he was a child. He feels it is important to set aside areas for protection. He does feel that compromises are needed and cattle grazing should be accommodated.

Local rancher Todd Swickard expresses his concern over what may actually come out of Congress. He feels it could be much different than what is proposed and agreed to by the public. He notes the control of certain plant/tree species is vital to the habitat for wildlife and has concerns there will be no ability to do that.

Jack Hanson states the trust level in regard to Senator Boxer is very low. He looks forward to meeting with Mr. Henson to discuss issues of concern.

Gary Dahle reads a letter relating to his support of the Pit River Wilderness Study Area.

Supervisor Chapman distributes a letter from the International Mountain Biking Assn. and notes he is not pleased that mountain bikes are not an allowed use the same as horses within the wilderness areas.

Supervisor McCain states his main problem with these proposals are the areas "are not wilderness". He states the Skedaddle Area is not logical and is too expansive. He believes the real wilderness areas need to be protected but this proposal is an encroachment into landowners backyards.

Supervisor Keefer addresses the restriction of the use of mechanized equipment to fight fires and the impact this will cause. Also the problem of fires burning up the wildlife habitat.

Supervisor Pyle wants to see more input from local agencies and organizations before a decision is made.

Supervisor Chapman is glad to see the coalition is going into the communities to get input. He hopes that Senator Boxer will adhere to her statement that she does not want to proceed with wilderness designations where there is controversy. He hopes if the Board of Supervisors does not support a particular proposal that Senator Boxer will not pursue it.

ADMINISTRATIVE SERVICES - PERSONNEL DIVISION

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to approve reclassifying one position in Alcohol and Drug from Driver (Range 4) to Aide (an existing classification at Range 7) (Position No. 9104) and approve a new Aide position (Position No. 2128) for the Alcohol and Drug Department, Promises Program.

COMMUNITY DEVELOPMENT DEPARTMENT

Assistant Community Development Director Bertotti presents information on the 2002/2003 State of California Department of Housing and Community Development, Community Development Block Grant Program, General and Native American Allocation, for an amount of up to $500,000, for foster youth facility transitional housing. There are two sites under consideration for this facility: an existing four-plex at 600 Court Street and a vacant parcel on Hall Street.

Following discussion Chairman Dahle directs staff to prepare a grant application and negotiate for the property on Court Street.

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried unanimously, on a roll call vote, to adopt, by title only, revised ordinance No. 467A-322A, correcting errors in the legal description for rezone #2001-17, Sierra Pacific Industries (original ordinance adopted May 23, 2001). The ordinance rezones nineteen parcels totaling 1976.77 acres from U-C-2 (Upland Conservation/Resource Management District), and O-S (Open Space) to T-P-Z (Timber Production Zone). The parcels are located south of Blacks Mountain, in central Big Valley, southeast of Eagle Lake, and northwest of Susanville.

DISTRICT ATTORNEY - CHILD SUPPORT DIVISION

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried unanimously, on a roll call vote, to adopt, by title only, Ordinance No. 550, creating the Department of Child Support Services.

COUNTY COUNSEL

Following discussion it is moved by Supervisor Pyle and seconded by Supervisor Keefer to introduce, by title only, Ordinance No. 473-F, amending Chapter 2.06 Section 2.06.035 of the County Code, placing the Fair Manager under the supervision of the County Administrative Officer. The motion fails on the following roll call vote: Supervisor Chapman - NO, Supervisor Pyle - YES, Supervisor Keefer - YES, Supervisor McCain - NO and Supervisor Dahle - NO.

INFORMATION FOR THE BOARD

1. CAO Whiteman announces interviews for County Counsel are scheduled for the afternoon of April 29th. Board direction to staff is to hold the interviews in open session.

2. CAO Whiteman announces that RCRC is holding a public hearing April 11th at 7:00 p.m. on rural telecommunications services for low income families.

3. CAO Whiteman announces the magazine CA County has an article on Supervisor Chapman this month.

4. CAO Whiteman announces that Lassen Land and Trails Trust is terminating their agreement with the County to construct and maintain trails at Susanville Ranch Park, since the County now has a Trails Coordinator.

LEGISLATION

It is moved by Supervisor Pyle, seconded by Supervisor Chapman and carried to approve and authorize the Chairman to sign, a letter to US House of Representatives Conference Committee members requesting their support of the National Fire Plan Biomass provisions of HR 2646, the Farm Security Act of 2001 as passed by the House of Representatives.

Recess 12:15 - 1:30 p.m.

PUBLIC HEARING - MIKA TELECOM GROUP, APPLICANT

The public hearing is opened at 1:30 p.m. to consider an appeal submitted by Mika Telecom Group, of the Planning Commission's determination to require an Environmental Impact Report (EIR). The project consists of seventeen applications for construction of 195-foot tall wireless communications towers at various locations generally along the Highway 395 corridor, from Hallelujah Junction to the Modoc County Line. (File Nos.: #2001-48, 49, 50, 52, 53, 59, 60, 76, 77, 78, 79, 80, 86, 87, 88, 89, 139).

Community Development Director Robert Sorvaag introduces the subject of the appeal public hearing and states the decision before the Board of Supervisors is whether an EIR is necessary or if a negative declaration is allowable. He notes, as the Environmental Officer, he made the determination that an EIR was required and the Planning Commission made the same determination.

Planner Rick Simon presents the staff report and states the Board is to make an independent determination on the proper environmental document that is required.

Supervisor McCain asks if all pictures of the sites are in the administrative record as he did not have all in his box of materials. He wants to be sure they are all in the record.

Persons speaking in favor of the appeal:

Mika Telecom Project Manager Scott Claar introduces all the persons present today to speak on the appeal: Construction Manager Pat Tavell, Finance Director Jerry Tyler, President Barry DaCruz, Site Acquisition Managers Rick DaCruz and Cliff McGahey, Geotechnical/Environmental Consultant A. Saboor Rahim.

County Clerk Nagel requests a list of names and titles of all persons for inclusion in the record.

Mr. Claar states they want to be cooperative with the county on this project. He acknowledges they have submitted a very large amount of information to the board members because they wanted them to see everything and notes that not all of it was presented to the Planning Commission. He realizes the Board has the right to require an EIR if there is significant/substantial evidence presented. They filed an appeal because they feel the evidence presented is not significant or substantial. He states there are four main environmental areas they will address - biological, cultural, esthetics and cumulative esthetics. He addresses each of these areas: Biological - states the initial study was completed on January 3, 2002 and found a less than significant impact. At the hearing on January 9th the initial study had been amended and found significant impacts based on a letter dated October 12, 2001 from the Fish and Game Department. He states the letter included recommendations for mitigation. He goes on to address the theories submitted in the letter from Frank Hall. Cultural - he states that recommendations for archaeological surveys should be performed as a mitigation prior to any construction. He states they have no problem with this recommendation, but sees no need for the surveys prior to issuance of a use permit. Esthetics - he feels there is no evidence of substantial impact presented - only opinions have been presented. He further discusses the esthetics issue. Cumulative Esthetics -he feels this whole idea is strange and again states there has to be substantial evidence presented and none has been shown. He goes into extensive review of actions by other counties, such as Sacramento and Tehama. He also refers to action taken by the Planning Commission on the American Cell Tower site at Hallelujah Junction. Makes several references to Commissioner Nagel's comments at the Planning Commission hearings. He feels the Planning Department did not give the Planning Commission any choice in making the decision. He does not feel the decision was based on evidence in the record. Also states they have to comply with Federal NEPA studies and feels the EIR decision was not appropriate.

Recess 2:45 - 2:54 p.m.

Chairman Dahle states this is an appeal - not an opportunity to negotiate or submit new designs or sites. Mr. Claar feels there is an opportunity to present alternatives.

Supervisor Chapman states the purpose of an environmental document is to provide information to base a decision on prior to proceeding with the merits of a project. He is concerned with the applicant's stance. He feels the question is "do we know enough to make a decision and enough for the public record". He notes the differences in the environments of counties such as Sacramento and Tehama with lots of trees, versus Lassen County with lots of desert areas where it is much harder to conceal high towers.

Board members ask questions of the applicants.

Supervisor Keefer feels that substantial evidence has been provided by persons in the community relating to esthetics. He asks what does Mika expect to be submitted as evidence of impact. He understands there is some stealth technology to make the towers look like something other than a tower such as a tree.

Jerry Tyler provides further information and feels that a NEPA Phase III Study is not needed on all seventeen towers. They want to do a Phase I in normal course without doing Phase III on all towers.

Chairman Dahle asks County Counsel if the Board has the opportunity to consider mitigation measures today. County Counsel Bill Murano states the Chairman can refer this back to the Planning Commission to consider mitigations from the applicants.

Persons speaking in opposition to the appeal:

Bureau of Land Management (BLM) representative Stan Bales reads a letter into the record relating to a study for BLM land use on visual resources. Interviews with residents in Modoc and Lassen County found that 68% feel maintaining natural visual qualities is important and 82% of persons in other areas feel the same.

Don Armentrout notes the Sierra Pacific power line along Highway 395 was considered a significant impact and an EIR was required. He states placing these towers next to the power lines are a cumulative impact on a project that already has significant impact. In regard to sage grouse issues the power line mitigations are not working in regard to raptors perching on the towers.

Nick Illia does not agree with Mika's statement that the community has been worked with. He states that Site 19 is next to his property and he was never contacted. Discusses possible dangers to people regarding wind damage to towers.

Fish and Wildlife Service representative Catherine Hibbard feels that Mika Telecom should prepare an EIR based on the biological concerns relating to direct, in-direct and cumulative impacts to sage grouse from the towers. Recommends putting the antennas on existing structures or preparing an EIR to study how to have the least effect on species. She notes the Carson Wandering Skipper was placed on an emergency listing after the initial study for this project was prepared. She wants Mika to consult with them on the towers in Lassen and Modoc Counties.

Benny Wade, a property owner within 300 feet of one tower site, wonders how the towers flashing lights would impact wildlife and he wants an EIR.

H.R. Tatman lives next to the tower on the Mallery property in Janesville. He has concerns over the view-shed impact. He is also concerned about possible impacts on satellite television reception and asks the Board to deny the appeal.

Fish and Game Environmental Scientist Bob Williams supports the EIR determination and states it is warranted on Site 10 & 12 due to significant impacts on sage grouse. He agrees with comments made by the Fish and Wildlife Service.

Jack Pastor reviews his background in telecommunications. He states that analog cell phones are being replaced by digital cell phones and that creates the need for more towers, but he feels the visual quality of life needs to be maintained. He suggests locations such as the prison and Bass Hill Landfill as sites with lower visual impacts. He feels there may be a need for more sites with lower towers. He also addresses the health concerns relating to exposure to continuous wattage output. He supports the requirement for an EIR.

Delores Guiterrez addresses the need for archaeological studies and recommends requiring an EIR.

Larry Beach goes along with the things said by others. He notes that Lassen County is part of the Northern Migratory Bird Flyway. He mentions light pollution, noise, emissions and esthetics and states plenty of evidence has been presented.

Ms. Barnett agrees with what others have stated and she wants an EIR.

Helen Shepherd lives approximately 200 yards from Tower #6, (on Fred Mallery property) and she finds the proposal very offensive to neighbors. She suggests it would be relatively easy to move this tower to a better site.

Susanville Indian Rancheria Environmental Manager Lori Fenstermacher is present to discuss the need to preserve cultural artifacts. She states that 14 of 17 sites have the potential for significant cultural impacts. She wants to protect the resources and the recovery of artifacts and states they have been working with Mika on the need for preservation.

Persons speaking in favor of the appeal:

Richard Parker is astounded that Lassen County is requiring more than other counties. He would like the county to get out of the way of progress. He questions Frank Hall's expert opinion and suggests he leave town. He feels a negative declaration is appropriate.

Jerry Tyler states they would like to review all the sites and speak with all the neighbors to address the issues. They would like to be able to mitigate the issues. They realize that Towers 6, 10 and 12 have significant issues and he feels an EIS could address them.

Rick DaCruz displays pictures of various tower designs.

The hearing is closed at 4:50 p.m.

Supervisor McCain states all of this could have been worked out with staff and it still can be. He feels that Mika is trying to avoid going on public property due to the more lengthy time it would take. He tells them that they should not be afraid of an EIR. He states they can do a scoping of what issues need to be addressed on each site. He feels there is plenty of evidence presented to support an EIR, and notes that mitigation measures are not studies. He states the County cannot defer to NEPA and he recommends they go back to the staff and work out the mitigation measures they have spoken about today. He states there are no mitigation proposals in the record - Mika's stance is just "no, this is just what we want".

Supervisor Dahle states that mitigation measures come before a use permit has been issued, not after.

Supervisor Chapman states that questions to Mika have not been answered in an appropriate manner and this has led to the requirement for an EIR.

Supervisor Keefer states the mitigations that are being talked about now should have been addressed at the Planning Commission. He notes that Mr. Nagel stated at the first Planning Commission meeting that he was looking forward to mitigations being brought to the next meeting and then Mika did not present anything different at the second meeting. He states they missed the opportunity at that time to present mitigations.

Supervisor McCain states we recognize the need for better cell service in the county, and are supportive of the basic proposal, but it has to be done in the right way in regards to CEQA. He states that, unfortunately, the only thing before the Board is to approve or deny the appeal, and if Mika insists on action today the Board will deny it. He strongly recommends they withdraw the appeal and go back and work out alternatives for a good project with staff and the people of the community.

In response to a question from the Board, County Counsel Bill Murano states that as long as the Board has the applicant's consent to withdraw the appeal, with the understanding they will have to go back before the Planning Commission, because the project has changed, and there will probably be new environmental determinations because agencies like Fish and Game will be addressing different kinds of footprints for different kinds of towers. The people with esthetics problems are not addressing the same kind of towers. In effect it will mean repeating a lot of the steps they have gone through because the project is being changed. As long as the applicant consents to that it can be kicked back to the Planning Commission.

Scott Claar agrees to this.

There being no further business, the meeting is adjourned at 5:02 p.m.

__________________________________________

CHAIRMAN OF THE BOARD OF SUPERVISORS

ATTEST:

_______________________________________

THERESA NAGEL, CLERK OF THE BOARD