BOARD OF
SUPERVISORS
SEPTEMBER
24, 2002
The
Lassen County Board of Supervisors convenes in Regular Session on Tuesday,
September 24, 2002, at 9:33 a.m.
Present: Supervisors Robert Pyle,
Jim Chapman, Lloyd Keefer and Brian Dahle; County Counsel John Ketelsen, Acting
County Administrative Officer (CAO) Bob Sorvaag and County Clerk Theresa
Nagel. Supervisor McCain is absent. 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
County
Clerk Nagel announces that Item G-3, parcel map, needs to be continued to the
next meeting, and requests the meeting today be adjourned in memory of
life-long Lassen County resident Ray Chappuis.
Additional requests for adjournment in memory are made: Supervisor Pyle - In Memory of Esther
Blickenstaff (age 101) and Supervisor Chapman - In Memory of Mary Montgomery.
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to approve
the agenda with the noted changes.
PUBLIC
COMMENT
Chairman
Dahle asks for public comment and no comments are received.
FAR
NORTHERN COORDINATING COUNCIL
It is
moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to
reappoint Norman Mah to the Far Northern Coordinating Council for a term of two
years.
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 September 17, 2002.
OFFICE
OF EMERGENCY SERVICES ITEM
Ratify
continuation of the Declaration of State of Disaster / Emergency in Lassen
County.
MISCELLANEOUS
CORRESPONDENCE ITEMS
Receive
and file the following correspondence:
a. Local
Agency Formation Commission special meeting agenda for September 17, 2002.
b. Lassen
County Planning Commission special meeting agenda for September 19, 2002.
c. Lassen
County Alcohol & Drug Advisory Board meeting agenda for September 17, 2002,
and minutes of August 22, 2002.
d. Lassen
County Technical Advisory Committee meeting agenda for October 1, 2002.
e. Lassen
County In-Home Supportive Services Advisory Board special meeting agenda for
October 2, 2002, and minutes of September 11, 2002 special meeting.
BOARD
OF SUPERVISORS
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to adopt
Resolution No. 02-067, in response to an application for the amendment of
Federal Energy Regulatory Commission (FERC) License No. 2105 by Pacific Gas and
Electric Company regarding the addition of the existing Hamilton Branch Project
as a project feature of the Upper North Fork Feather River Project.
COMMUNITY
DEVELOPMENT DEPARTMENT - ECONOMIC DEVELOPMENT DIVISION
Recreational
Trails Program:
Trails
Coordinator Peter Heimbigner presents information on the need for bridge and
trails improvement at Susanville Ranch Park.
It is
moved by Supervisor Chapman, seconded by Supervisor Keefer and carried to adopt
Resolution No. 02-066, authorizing submittal of Recreational Trails Program
grant applications to California Department of Parks and Recreation.
Safe
Neighborhood Parks Bond Act:
Assistant
Community Development Director Bertotti presents information on the Per Capita
Grant Program funded under Safe Neighborhood Parks, Clean Water, Clean Air and
Coastal Protection Bond Act of 2000 which has a current allocation of $150,000
for Lassen County. The grant funding for
2002 is estimated to be $1.2 million.
The
following requests for funding have been received: Big Valley Recreation District - $95,000 to
construct bathhouse and pump enclosure at community swimming pool; Westwood
Community Services District - $40,500 to replace plumbing/fixtures in
restrooms, repair fencing, rehab driveway, upgrade sprinkler system and
resurface tennis courts; Spalding Community Services District - $20,000 to
construct a walkway to beach area on north end of the board dock area.
Supervisor
Keefer presents the following request:
Janesville Park Phase I - $48,500 for water system, ballfield/soccer
field improvements; Phase II - $38,500 to construct a concession building;
Johnstonville Park - $97,000 for purchase and development.
Supervisor
Chapman discusses the need to create an attractive portal to Susanville Ranch
Park using the unused portion of Paul Bunyan Road between Cherry Terrace and
Paiute Lane and requests this project be considered under the 2002
allocation. Additionally, the
enhancement of the facilities for senior citizens is eligible for funding and
he suggests setting aside $200,000 for that purpose.
Supervisor
Pyle notes a small park exists at Lake Forest and there is a need for restrooms. He also notes the trailhead for Bizz Johnson
Trail at Mason Station needs to be developed, and a bridge over Robbers Creek
is not wide enough to accommodate cars and pedestrians at the same time.
It is
moved by Supervisor Keefer, seconded by Supervisor Chapman and carried to
designate the following projects for 2000 funding: Janesville Park - $48,500; Big Valley
Recreation District - $95,000; and Westwood Community Services District -
remainder of funding for identified projects; with stipulation that other
projects discussed have early consideration for the 2002 funding; and directing
staff to pursue use of grant funds.
COUNTY
ADMINISTRATIVE OFFICE
It is
moved by Supervisor Keefer and seconded by Supervisor Pyle to approve and
authorize the chairman to sign a letter of response to the Grand Jury's inquiry
about Brown Act Training.
Supervisor
Chapman wants to add an additional statement in the response letter - the Board
of Supervisors encourages and supports attendance at professionally sponsored
Brown Act training programs as opposed to special interest group sponsored
workshops.
The
maker and second amend the motion to include this statement and the amended
motion carries.
PUBLIC
WORKS DEPARTMENT - SURVEYOR DIVISION
Chairman
Dahle passes the gavel to the Vice-Chairman because of a conflict of interest
and departs the meeting.
Public
Works Director Larry Millar presents information on the construction bids
received for Lassen County Road A-2 (Susanville Road) and Bieber Lookout
Road: Kiewitt Pacific Company,
(Vancouver) - $5,511,017.56; Miller's Custom Work (Susanville) - $4,846,994.85;
and J.F. Shea Company (Redding) - $3,682,354.65. He notes the engineer's estimate was
$4,645,000 and the available funding is $4,845,000.
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to award
construction contract for Lassen County Road A-2 (Susanville Road) and Bieber
Lookout Road to J.F. Shea Company (Redding) in the amount of $3,682,354.65;
authorize the Director of Public Works to sign the contract; and authorize
change orders up to the amount allowed by law.
Supervisor
Dahle returns.
ADMINISTRATIVE
SERVICES
It is
moved by Supervisor Keefer, seconded by Supervisor Pyle and carried on a roll
call vote, with Supervisor Chapman voting NO, to authorize departments to hire
the following positions approved in the 2002-2003 budget and process the
reclassifications. New Positions: Information Services -
Technical Support Specialist, Range 17/19 (Position No. 2202); Environmental
Health - Senior Administrative Clerk, Range 10 (Position No. 2203); Prop 36 - Substance Abuse Worker I/II, Range
13/15 (Position No. 2204). Change of
Employee Classifications: Administrative
Services - (Position No. 9004) Reprographics Coordinator, Range 14 to Program
Assistant, Range 15; Sheriff's Department - (Position No. 9382) Fleet CO, Range
15 to CO Supervisor/Fleet Manager, Range 17 (under POA MOU rules).
It is
moved by Supervisor Keefer, seconded by Supervisor Pyle and carried on a roll
call vote, with Supervisor Chapman voting NO, to authorize the promotion of the
Senior Deputy Public Defender, Range 30 (Position No. 9242) to Assistant Public
Defender, Range 33; and Senior Deputy County Counsel, Range 30 (Position No.
9025) to Assistant County Counsel, Range 33, effective October 2, 2002.
UNAGENDIZED
BOARD REPORTS
1. Supervisor Chapman received a request for
appointment of the Board of Supervisor's representative to CSAC and requests it
be placed on the next agenda. He
suggests that the current representatives be reappointed.
2. Supervisor Chapman received a letter from PSA
II in regard to a proposal to provide a 3% raise for staff. Shasta County has voted against funding a
raise and it is proposed the four other counties equally share the cost of the
raise which amounts to $4,400. He
requests this matter be placed on the next agenda.
3. Supervisor Chapman designates that $500 of
his discretionary funds be allocated to Peggy's (Sayers) Playground.
4. Supervisor Keefer announces that he will not
be in attendance at the October 8th meeting.
Recess
10:27 - 10:45 a.m.
PUBLIC
HEARING - APPEAL BEATY & ASSOCIATES / ROUND MOUNTAIN ROCK
The
public hearing is opened at 10:45 a.m. on the appeal of the Planning
Commission's August 7, 2002 decision to adopt a Mitigated Negative Declaration
and approve Use Permit #2002-034, Beaty & Associates/Round Mountain Rock. The use permit would allow the addition of an
asphalt hot plant to the existing mining operation.
Planner
Rick Simon presents the staff report and announces that new letters have been
received by Supervisor Pyle and have been copied and distributed. Additionally two letters were sent to
Community Development Director Robert Sorvaag from Laura Judd and Judy Robinson
expressing their concerns. He reviews
the additional conditions of approval that are being submitted for
consideration: a) The number of asphalt loads shall be limited
to ____ per year. b) All mine-related truck traffic shall use the
new access road identified by Beaty and Associates in their letter and map to
the County dated July 29, 2002. c) Exterior lighting on the hot plant shall be
limited only to that required for safety and maintenance purposes. All lights shall be directed downward and
shielded from all adjacent properties and roads. d) The
hot plant shall be operated only between the hours of ____ a.m. and ____
p.m. e)
The project site shall be posted with signs warning of the dangers
associated with steep banks/drop-offs.
f) The hot plant shall be painted a color appropriate to the natural
setting that will reduce glare and visibility from the south and east. g) The
project boundary shall be identified by the operator with flagging (or other
means) which shall be maintained by the operator for the life of the
operation. It is also suggested the
operator be required to prepare a spill response plan.
Speaking
in opposition:
Steve
Robinson, representing Mt. Meadows Conservancy, asks that the entire use permit
be revoked for the existing gravel operation.
Julie
Bustamante feels this is not a clean project and also feels it is against the
Westwood Area Plan.
Pam
Pettengill states that traffic is a major problem and she also wants all
conditions of the use permit to be exact.
Fred
Binswanger hopes the Board approves the proposed additional conditions and
suggests two more: h) Identify historical/cultural sites; and i)
require the use of clean burning propane for the project power source.
Sonjia
Edwards states that Westwood had been involved in a clean-up phase for several
years and they are working on tourism.
She does not feel this project lends itself to tourism.
Peggy
Fulder requests an EIR be required for this project in relation to air quality,
water runoff and impacts to birds.
Marna
Hogan addresses the lack of an EIR for the original use permit. She wants more specifics on what traffic will
be allowed to continue on Moonlight Road.
Barbara
Allen states that she submitted a letter and does not need to speak since her
concerns have been addressed by others.
Louis
Hamilton is appreciative of some of the things that the Round Mountain Rock
owner has already done to address safety concerns. He is concerned over the use of diesel fuel
on this site.
Norm
Wilson states that a dry site should be found for the asphalt plant rather than
this location which is surrounded by water, and he also feels an EIR is needed.
Speaking
in favor:
Tony
Cruse, president of a sand/gravel operation in Alturas, states that he
has
two hot asphalt plants - one in Alturas and one in Bieber. He discusses the need for another plant
because there is nothing close to the Westwood area. His operation generates $3.5 million payroll
for Alturas. With a local plant the
availability and cost of asphalt will improve.
He states the plant will have to meet the yearly air emissions testing
and also states meeting the requirements helps the operation due to improved
efficiency. In regard to emissions from
the use of diesel fuel, the amount used by the plant will be far exceeded by
diesel trucks hauling asphalt for a long distance. He states the plant will be monitored on a
monthly basis to maintain water pollution standards. He states that all an EIR will do is cost
money and the community will lose the opportunity to bargain for
mitigations. He states most of the
concerns expressed are emotional and will not be addressed by an EIR.
Leo Whitlock states the prevailing winds blow away
from Westwood and also notes the dust conditions were a lot worse in
1976-77. He states that the plant owner
has been a good neighbor to Westwood and also states the meadow is irrigated
pasture land.
Dr. N.
Nagaraj presents the Air Emissions and Screening Risk Assessment which shows
the emissions from woodburning stoves far exceeds any emissions from the
asphalt plant even in worst case conditions.
Len
Lindstrand, W.M Beaty & Associates states they originally had concerns
about the asphalt plant but performed their own investigations and found the
plant will have to comply with some of the strictest air quality standards in
the U.S. He sees the following benefits: will produce a needed commodity in the
community, reduction in transportation costs and fuel emissions, local jobs
will be supplied and funds will be expended locally. He urges support of the Planning Commission
findings and approval of the use permit.
Harry
Wasneechek wants it noted in the minutes that the podium is very wobbly and
needs to be fixed before someone is hurt.
He states that he is in favor of the project. He notes there has always been dust in the community
since before the indians. He comments on
people moving into the community and wanting businesses to move or cease
operations.
The
hearing is recessed at 12:22 p.m. to reconvene at 6:00 p.m. at Lassen Career
Network.
Noon
recess 12:22 - 1:30 p.m.
PUBLIC
HEARING - WESTWOOD/CLEAR CREEK AREA PLAN
The
public hearing is opened at 1:30 p.m. to review the Westwood/Clear Creek Area
Plan.
Assistant
Community Development Director Bertotti presents the staff report, and
Consultant Merle Anderson reviews the highlights of changes made to the
preliminary draft area plan.
Speaking
in favor:
Bill
Kerns feels the plan is good and notes he attended all 17 of the planning
meetings.
Len
Lindstrand, Beaty and Associates, is in favor of the plan, but does not want
the loop road location to be cast in stone at this time as they are willing to
work on proper locations as projects develop.
Harry
Wasneechek states that he has been waiting for 24 years for this plan to be
finalized and wants to know when it will be complete. In response Mr. Bertotti indicates if the
hearing is completed today and direction is provided to staff to proceed, maybe
completion could occur in 30 days. It is
dependent on how long it takes to obtain consensus from the community on the
design review plans.
Speaking
in opposition:
Ron
Lunder, Mt. Meadows Conservancy, reads a lengthy statement alleging a large
amount of industrial land use designation is in the floodplain of Robbers
Creek.
Steve
Robinson, Mt. Meadows Conservancy, states they want to develop trails and they
see the mill site as a trail corridor.
Making this area industrial is not proper use of the land.
Public
hearing is closed at 2:20 p.m.
Supervisor
Pyle states this is a good plan developed over three years with 17 community
meetings and he is ready to make a motion to adopt the plan.
Supervisor
Keefer has a concern over the recommendation on Page 6 Item 10 (1) to take
Westwood alleyways into the County maintained road system, since the county has
a policy of not taking existing roads into the county maintained system.
Supervisor
Chapman observes the lack of opposition is testimony to the work that has gone
into this plan.
It is
moved by Supervisor Pyle, seconded by Supervisor Chapman and carried
unanimously, on a roll call vote, to direct staff to complete the area plan by
incorporating the recommendations of the Planning Commission; direct staff to
complete the final EIR; and direct staff to prepare the necessary findings and
resolutions for certification of the EIR and adoption of the area plan, with the
deletion of Item 10 (1) relating to taking Westwood alleyways into the County
maintained road system, to be brought before the Board with the completed area
plan and EIR at a date to be determined.
Recess
2:34 - 6:00 p.m.
CONTINUED
PUBLIC HEARING - APPEAL BEATY & ASSOCIATES/ ROUND MOUNTAIN ROCK
The
continued public hearing is called to order at 6:02 p.m. by Vice-Chairman
Chapman, at Lassen Career Network, 2545 Main Street, Susanville.
Present: Supervisors Robert Pyle, Jim Chapman and
Lloyd Keefer; County Counsel John Ketelsen, Acting County Administrative
Officer (CAO) Bob Sorvaag and County Clerk Theresa Nagel. Supervisor Dahle and Supervisor McCain are
absent.
Rick
Simon again presents the staff report and reports on additional conditions that
came from the morning session: flagging
historical/cultural sights to be maintained throughout the life of the project;
clarification that all mine and asphalt trucks are to use the new access road;
the operator develop a spill response plan.
Ron
Morales, Honey Lake Maidu Tribe, states that flagging archaeological sites is
not acceptable and also states that only performing surface surveys is not
acceptable. He is very unhappy with
Beaty and Associates and Round Mt. Rock with what has been done on Round
Mountain. He states they have exceeded
the designated area of the use permit and that archaeological monitoring has
not been performed.
Yvonne
Hamilton addresses the diesel issue and presents a report on diesel health
risks.
William
Pettengill would like to see the proposed new road moved further away from
Pinetown.
Cindy
Gutierrez has concerns that an EIR isn't being performed on this project.
Sheri
Binswanger presents a power-point presentation to show what the mountain looks
like. She expresses her concerns over
the county's ability to inspect and monitor the operations.
Bud
Coleman is very much in favor of this project and he also addresses a comment
made in regard to endangered birds in the area.
He raises endangered birds and notes the Fish and Wildlife Service has
found no endangered or protected species listed for this area. They only found bald eagles and osprey in the
Lake Almanor area.
Marty
Diehl states he found several inaccuracies in the initial study prepared by the
Planning Department. He hopes the Board
at the very least recommends an EIR be performed.
Tim
Holt is in favor of the plant as it will create jobs for the community and
notes they will have to follow state and county regulations. He visited the hot plant in Grants Pass and
was amazed at how clean it is. He
reminds everyone of the hundreds of trucks that travel Highway 36 and the lack
of fuel spills. He also states that dust
is a fact of life around Westwood.
Larry
Richardson would like to see propane used at the plant. He asks several questions about who performs
inspections and how they are performed.
Marna
Hogan presents some documents relating environmental documents prepared by the
Planning Department and also talks about the number of truck trips.
Pam
Pettengill again addresses the large number of trucks using Moonlight Road.
Jacquelyn
Cordova wants to know if the county will get any taxes from this project, Mr. Sorvaag responds this is not a part of
the environmental study. Ms. Cordova
would like to have consideration of some return to the community in exchange
for a new business, such as a library.
The
public hearing is closed at 7:31 p.m.
Supervisor
Pyle states he has attended both of the Planning Commission hearings for this
project, held a town hall meeting and toured the site. He has worked very hard on this project for
the past couple of weeks and has studied the project very intensely. He hopes the board members will go along with
his recommendation to prepare an EIR because he feels it is in the best
interest of the community, applicant, county and constituents.
Supervisor
Keefer feels all the comments presented no new information to convince him to
reconsider the Planning Commission decision.
He feels a negative declaration is best and all that is needed. He states that an EIR is not the solution to
everything - all it does is take the same information, massage it and we won't
know any more than we know today and will cost the applicant money. He notes that several issues raised have been
addressed with mitigations. He sees the
traffic through Pinetown as the biggest issue and that problem has been
addressed.
Supervisor
Chapman states that in order to overturn a Planning Commission decision he has
to believe their decision was not appropriate to the concerns of the
public. He wants to know the public
comments have been addressed. In this
case there is such a large group of people on both sides of this project that
he feels a need to establish the facts by preparing an EIR.
It is
moved by Supervisor Pyle to have an EIR performed for this project.
The
motion dies for lack of a second.
Supervisor
Keefer recommends the decision be continued to a future meeting to allow more
time for consideration and so all board members can take part in the
decision. At this point he cannot
support an EIR.
Vice-Chairman
Chapman directs this matter be placed on the October 15, 2002 agenda for a
decision.
ADJOURNMENT
IN MEMORY
There
being no further business, the meeting is adjourned at 8:00 p.m. in memory of
life-long Lassen County resident and rancher Ray Chappuis; Esther Blickenstaff
(age 101), a Lassen County resident for most of her life; and long-time Lassen
County resident Mary Montgomery.
__________________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
_______________________________________
THERESA
NAGEL, CLERK OF THE BOARD