SUMMARY MINUTES
BOARD OF SUPERVISORS
707 NEVADA STREET, SUSANVILLE
FEBRUARY 24, 2009
9:01 A.M. CALL TO ORDER
PRESENT: Supervisors Lloyd Keefer, Bob Pyle, Jim Chapman, Brian Dahle and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer (CAO) John Ketelsen, Personnel Director/Risk Manager Ron Vossler and Deputy Clerk of the Board Susan Osgood. Closed session ends at 9:42 a.m.
ANNOUNCEMENT OF CLOSED SESSION: 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) Management and Professional Association, e) Lassen County Peace Officers Assn. Supervisors Unit (LCPOASU), f) Lassen County Peace Officers Assn. Management Unit (LCPOAMU), g) Lassen County Deputy Sheriffs Association (LCDSA), h) Lassen County Management Association (LCMA).
9:45 A.M. OPENING CEREMONIES: Following the flag salute, the invocation is offered by Chairman Keefer.
ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION: Deputy Clerk of the Board Osgood reports: 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) Management and Professional Association, e) Lassen County Peace Officers Assn. Supervisors Unit (LCPOASU), f) Lassen County Peace Officers Assn. Management Unit (LCPOAMU), g) Lassen County Deputy Sheriffs Association (LCDSA), h) Lassen County Management Association (LCMA) – No reportable action taken.
AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS: Supervisor Keefer requests the meeting be adjourned in memory of former resident Ed Hatfield.
ACTION: Approve the agenda with the noted change.
MOVED BY: Hanson SECONDED BY: Dahle UNANIMOUS: Yes
PUBLIC COMMENT: 1) Lassen County Fire Safe Council (FSC) Project Manager Tom Esgate presents letter written to Senator Diane Feinstein (similar letters were sent to Senator Boxer and Congressman McClintock) requesting intervention on the FSC’s behalf regarding funds to be distributed from the new economic stimulus bill. The Forest Service sent out a solicitation on February 10 for stimulus packet projects, to include Forest Service projects and money for State and private lands. The deadline was to be noon on February 17 but there was a three day weekend in between. The bill did not become law until it was signed on February 16 by the President. Mr. Esgate became aware of this on the evening of February 17. Modoc National Forest did nothing with regard to State and private lands. The Regional Office said it was too late to enter private land projects. States that Lassen County is very concerned with fire threat and with the state of the forest products industry. Feels this is probably the biggest thing that has come out in the six years he has been working here and with most opportunity to do work on the ground on private land and to do what is needed to keep the forest products industry solvent, getting chips to power plants that are starving. Asks the Board or Supervisors individually to weigh in to bolster what FSC has requested of the Senators and Congressman. States the Board and Supervisors are a very important voice. Presents detailed information regarding what has occurred. States Forester Frank Stewart is working very hard on this as well. Chairman Keefer asks if this matter can be put on the agenda as an emergency item. County Counsel Settlemire states that since this information was just received, the Board on a 4/5 vote can add it to today’s agenda, with a finding that this information was received after the posting of the agenda and cannot wait until the next regularly scheduled meeting.
AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS - Continued
The Board finds that information regarding a Fire Safe Council request to intervene on their behalf regarding the economic stimulus bill came to the Board’s attention after the posting of the agenda for this meeting and action on this matter cannot wait until the next regularly scheduled meeting. ACTION: Add Item J3 to the agenda for the Board of Supervisors Action Item - Letter of support of Fire Safe Council request.
MOVED BY: Pyle SECONDED BY: Dahle UNANIMOUS: Yes
BOARD OF SUPERVISORS ACTION ITEM
As noted, there is a need to take action today to send letters requesting intervention by Senators Feinstein and Boxer, Congressman McClintock and others regarding economic stimulus funding.
Congressman McClintock’s representative Tim Holabird: Is present in support of Mr. Esgate. He will get information to Congressman Wally Herger and Congressman Dean Hiller today. He assures the Board there will be cooperation.
Lassen National Forest (LNF), Eagle Lake Ranger District Ranger Terri Frolli: Clarifies what was submitted from LNF. There were hundreds of thousands of dollars worth of stimulus projects that are tied directly to Herger-Feinstein Quincy Library Group (H-F QLG) implementation. Anything that was NEPA (National Environmental Protection Act) ready that was service contract was put on the list; will have to see what gets funded and if projects make it to the Washington list.
Supervisor Pyle: Feels the Board members should also contact representatives individually.
ACTION: Approve letter in support of the Fire Safe Council’s letter regarding the issues with the stimulus package including a list of projects that are ready to go; and authorize the Chairman to sign.
MOVED BY: Dahle SECONDED BY: Pyle UNANIMOUS: Yes
FISH AND GAME COMMISSION
Fish and Game (F&G) Commission member Rob Hill: Presents information regarding a grant application to Sierra Nevada Conservancy (SNC); looking for Board support of resolution to submit application. States it is part of on-going process; presented information to Board in September 2008 asking for support on an outline the F&G Commission put together in an attempt to get Lassen County’s Wildlife Resources Management Plan developed which is part of the General Plan. The Commission has been working with different stakeholders refining the scope of the project; have talked to Dave Lile (Cooperative Extension) about possibly being a facilitator; did pre application to SNC and everything seems to be positive. Would like to go forward with the application. Supervisor Chapman questions the fifth “therefore” that indicates Rob Hill as an agent conducting negotiations and executing documents; feels the CAO or Community Development Director would be more appropriate. The Board requests copies of the application be distributed for their review. The agenda item is postponed until later in the meeting. Discussion is held.
CONSENT CALENDAR
ACTION: Take the noted action on the following Consent Calendar items:
MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes
ADMINISTRATIVE SERVICES ITEM - PERSONNEL REPORT
Receive and file Personnel Movement Report for January, 2009.
PUBLIC WORKS DEPARTMENT ITEM - AMENDMENT
Approve First Amendment to Agreement by and between Lassen County and ECORP Consulting, Inc. for the preparation of a Cultural Resource Study for the Mooney Road Realignment project, and authorize the Director of Public Works to sign.
MISCELLANEOUS CORRESPONDENCE ITEMS
Receive and file the following correspondence:
a. Susanville City Council, Susanville Community Development Agency, Susanville Municipal Energy Corporation and Susanville Public Financing Authority meeting agenda for February 18, 2009.
b. Lassen County Alcohol and Drug Advisory Board meeting agenda for February 23, 2009 and minutes of January 12, 2009.
BOARD MEMBERS ACTION ITEMS
SUPERVISOR LLOYD KEEFER
Modoc National Forest General Plan Revision; Discussion of level of County participation.
ACTION: Chairman Keefer requests CAO Ketelsen send a letter indicating that Lassen County would participate in the development of the Modoc National Forest General Plan Revision and advise that Supervisor Brian Dahle would be Lassen County’s contact person.
SUPERVISOR JIM CHAPMAN
ACTION: Adopt proclamation recognizing Susanville’s Best of Broadway for their tenth season.
MOVED BY: Chapman SECONDED BY: Hanson UNANIMOUS: Yes
PUBLIC HEARING - COMMUNITY DEVELOPMENT DEPARTMENT FILE #530.02.07
The public hearing is opened at 10:19 a.m.
Chief Planner Maurice Anderson: Presents staff report on agenda item requesting the adoption of a resolution on behalf of the Spalding Community Services District (CSD) (File #530.02.07), establishing a fire capital facility fee for development within the District boundaries. Study is included in the agenda packet; the CSD has completed their portion of the process and held public hearings, then adopted a resolution.
County Counsel Settlemire: Notes there was an inconsistency in the resolution from the District in items 7 and 8 where they mentioned the fees being collected by Typing and Temporaries, Etc. and the fees are to be payable on the issuance of the permit. The Board’s resolution (Item 4) does not indicate who will be collecting the fee but it would be implied it could be collected by the County and it also indicates the fee is charged upon the issuance of the permit but is actually paid by the time of final inspection and issuance of Certificate of Occupancy which is consistent with the Fee Mitigation Act. Suggests the District be notified to revise their resolution to bring it into conformity.
No one speaks for or against adopting this resolution. The public hearing is closed at 10:23 a.m.
ACTION: Adopt Resolution No. 09-005 on behalf of the Spalding Community Services District, establishing a fire capital improvement fee for all development within the district boundaries.
MOVED BY: Pyle SECONDED BY: Hanson UNANIMOUS: Yes
UNAGENDIZED BOARD REPORTS:
Supervisor Keefer: 1) Speaks in response to recent request by Mr. Kurt Bonham regarding Liberty Mutual dropping fire insurance on a home in Janesville. Supervisor Keefer did contact the insurance company to get some information and received same answer, that it was a brush area so they decided to drop the coverage. Asked questions and stated the home is located between Main Street and most of the predominant vegetation around the home is not brush. The person stated they could not answer those questions and referred Mr. Keefer to an agent. The agent still has not replied to him. He will write a letter to the Insurance Commission asking them to look into the matter.
Recess 10:26 a.m. – 10:30 a.m. (Supervisors Dahle and Hanson enter at 10:31 a.m.)
UNAGENDIZED BOARD REPORTS – Continued
Supervisor Chapman: States the Planning Commission intends to present Planning Commissioner Mark Totten with a resolution for his service. Requests the Board schedule recognition for the Board meeting of March 24.
U. S. FOREST SERVICE - PUBLIC SERVICES OFFICER CHRIS O'BRIAN
Public Services Officer Chris O’Brian: Presents detailed update on Access and Travel Management analysis. The Draft Environmental Impact Statement (DEIS) for Access and Travel Management is in regional office for further review and editing. Anticipates it being released to the public in the next few weeks. The DEIS is going to have five alternatives with the preferred one being #5. Alternative #1 is a no action alternative. Alternative #5: After many discussions with the public and internally, it was decided to establish a road system that would benefit Off Highway Vehicle Program (OHV) use with better linking of the roads within the system. LNF has about 4,000 miles of road with about 1,000 miles unauthorized (not OHV created roads). About 2,500 miles are Maintenance Level 2 roads which are lower maintained and open to all vehicles, both highway legal and non highway legal; looked at adding some of the unauthorized routes in key areas to link the system better. Alternative #5 proposes about 50 miles of unauthorized routes added in strategic locations. They will look at some mixed use allowing ATVs and street legal vehicles on the same sections of road for some of the higher maintained roads (Maintenance Level 3, 4 and 5). Alternative #5 is proposing reducing Maintenance Levels on about 220 miles of Maintenance Level (ML) 3’s and reduce ML to a point so we can allow OHV use on it. About 700 miles of ML 2 roads could be placed into ML 1 status and would be closed to motorized vehicle travel. The ML 2 roads are short, redundant spurs that would be put into storage, not decommissioned at this time. There are exceptions: emergency personnel, ranch permitees could use ATV’s across country under the conditions of their existing permit; wood cutters can retrieve wood cross country, but they cannot scout for it. Further discussion is held.
Supervisor Keefer: States his continued concern regarding inconsistency between forests; heard that Plumas National Forest will not be allowing ATV use for wood collection. Offsite recreation is another concern if people are only allowed to park one vehicle width off the edge of the road.
Mr. O’Brian: Believes that the 700 miles of ML 2 roads were vetted with the public and internally to make sure none of those roads being changed to ML 1 status led to a recreation opportunity. States this is a draft and hopes people will make comments if they find any problems. In response to question about signage, Mr. O’Brian states their emphasis will be on education (law enforcement is expecting to educate for several years before enforcing) and engineering (appropriate signing). Enforcement will come later.
Lassen National Forest Community Liaison Heidi Perry-McCourt distributes a handout on “Pittville Vegetation Treatment” to the Board that she has also sent to Forester Frank Stewart. Thanks the Board for the public acknowledgement in memory of her brother Chris.
FISH AND GAME COMMISSION – Continued
Rob Hill: Distributes copies of the grant application to the SNC and an outline that was presented to the Board on September 16, 2008. The Commission would do exactly what is in the General Plan. States that if it does not look like the project would be reimbursed, then it would be frozen and would not go forward. Does not envision it being any more restrictive than at present. It is the Board’s plan and they will make the decisions. Supervisor Chapman states this should enhance County zoning ordinance as it relates to wildlife habitat protection. Further extensive discussion is held.
Supervisor Chapman: Requests that Item #5 be changed to read that the CAO would execute documents after they have been approved by County Counsel. Thanks the Fish and Game Commission for their on-going diligence regarding this issue.
ACTION: Adopt Resolution No. 09-006 approving application for grant funds to Sierra Nevada Conservancy for wildlife resource management program with the noted change.