SUMMARY MINUTES BOARD OF SUPERVISORS 707 NEVADA STREET, SUSANVILLE DECEMBER 14, 2010

9:08 A.M. CALL TO ORDER

PRESENT: Supervisors Bob Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle and Jack Hanson; County Counsel Rick Crabtree, County Administrative Officer (CAO) Tom Stone, Treasurer / Tax Collector Richard Egan and Deputy Clerk of the Board Susan Osgood. Closed session ends at 9:39 a.m.

PUBLIC COMMENT: None.

ANNOUNCEMENT OF CLOSED SESSION: 1) Conference with Legal Counsel: Significant exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9: 1 case. 2) Conference with Labor Negotiator Richard Egan: 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). 3) Public Employee Discipline/Dismissal/Release.

9:43 A.M. OPENING CEREMONIES: Following the flag salute, the invocation is offered by Supervisor Dahle.

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION: Deputy Clerk of the Board Osgood reports: 1) Conference with Legal Counsel: Significant exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9: 1 case – No reportable action. 2) Conference with Labor Negotiator Richard Egan: 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. 3) Public Employee Discipline/Dismissal/Release – No reportable action.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS ACTION: Approve agenda as posted. MOVED BY: Keefer SECONDED BY: Hanson UNANIMOUS: Yes

PUBLIC COMMENT: 1) Eddie Bauer (Westwood resident): Presents information to the Board in reference to problems he has had with Lassen County Deputy Benny Wallace. States he would like to drop his tort claim if the Board could resolve the issue with Deputy Wallace. Presents documents to the Clerk. Hopes County Counsel Crabtree would fill the Board in on what is taking place. 2) Ryan Bauer (son of Eddie Bauer, Westwood resident): States he would also like to have the matter with Deputy Wallace resolved. Presents further information. 3) Poet Laureate Violet Stout: Reads her poem titled “No Starry Snow from Heaven” for the Board of Supervisors and staff. UNAGENDIZED BOARD REPORTS: Supervisor Chapman: Reports that former Susanville graduate Nick Moody had his case dismissed in the United Arab Emirates and he is in the process of trying to get his passport back to come home. He is pleased the issue is resolved. Supervisor Hanson: 1) Attended Lassen County Local Agency Formation Commission (LAFCo) meeting December 13; they approved the Sphere of Influence and Municipal Services Review (MSR) for the Herlong Public Utility District. Geographic Information System (GIS) mapping was discussed; requests an update be presented to the Board after the first of the year. 2) Other things going on in the community regarding water and natural resources are the Susan River Watershed Management Plan, a Memorandum of Understanding (MOU) is being circulated; the Agriculture Water Enhancement Program brought $750,000 to the community; they are looking forward to another five year grant for water quality enhancement. Will meet on the Groundwater Management Planning effort this afternoon. 3) Reports that Cece Dale-Cesmat received a promotion and will be leaving the local office of National Resources Conservation Service (NRCS) the beginning of February. Supervisor Dahle: Reports on the kindergarten to 5th grade Christmas play presented in North County; his sister-in-law Mary McFarland helped with the Veterans and a “Caps for Kids” program. The community made 87 beanies/caps; presented each child their own cap with their name in it; it was “awesome”. 2) Will attend the Regional Council of Rural Counties (RCRC) meeting December 15; hopes to get information about what the Governor is going to do; will also bring up extending the Park Bond Projects deadlines. Supervisor Keefer: Will attend the Fair Advisory Board meeting tonight; meetings are now being held at 5:30 p.m. in the Fair Office. Supervisor Pyle: Reports there is an Air Board meeting at 3:00 p.m. today.

THOMPSON PEAK RADAR SITE - AUSTIN MEINERT SUBJECT: Status report on Thompson Peak radar site and Black Mountain Lookout. ACTION REQUESTED: Receive information.

Austin Meinert (Janesville resident): Presents extensive information to the Board on the Thompson Peak Preservation and Adaptive Use Plan, An Initial Study of the Janesville Gap Filler Annex. The Janesville Gap Filler Annex is an Aircraft Control & Warning Site (AC&W) utilizing ground based radar that was developed during World War II and played a role in the nation’s defense from 1958 to 1969. He has been working since 2007 to preserve the historical site. Suggests possible uses for the site are: recreational rental (the first in the Plumas National Forest), atmospheric research, mountain biking, or an interpretive center where people could learn about the former use of the site, the history, geology, native people of the area and current fire science. He is looking for Board support of this project. Notes he has received a resolution of support from the Janesville Town Council and the Lassen County Historical Society as well as others. Thanks Supervisor Keefer for his work in Janesville and support of this project. Further information is presented and discussion is held.

Supervisor Keefer: Is in support of the project noting Mr. Meinert has devoted a lot of time and research to it.

Chairman Pyle: The Board agrees to sign a letter of support.

PUBLIC WORKS DEPARTMENT SUBJECT: Engineering and Traffic Survey Reports - Richmond Road and Janesville Main Street. ACTION REQUESTED: 1) Receive report on the reassessment of the engineering and traffic surveys conducted on Richmond Road and Janesville Main Street. 2) Provide direction to staff.

Public Works Director Larry Millar: At the request of the Board of Supervisors, has reviewed two engineering study reports on Richmond Road and Janesville Main Street. States they were not able to come up with any warrants or conditions that would allow making any changes to Richmond Road. Regarding Janesville Main Street they were able to reduce one zone by 5 miles per hour (mph) based on the number of residences and businesses within the strip. Zone 3 was reduced to 40 mph which makes it consistent through most of Main Street in Janesville.

Supervisor Keefer: Is happy with the work done by Director Millar and Consultant Camille Buehler. Would like to revisit the study in a year or so as he thinks 40 mph is too fast for Main Street; feels that California Highway Patrol (CHP) may be able to lower the speed with enforcement to 30 or 35 mph.

Further discussion is held.

Supervisor Pyle: Feels the study is flawed regarding the speed increasing on Richmond Road coming to Diamond View School; it does not take into consideration livestock in the area.

Camille Buehler: Suggests doing more signage to see if that helps slow traffic down. According to the vehicle code, when a hazard is found, it is supposed to be addressed with signage.

Chris Gallagher (former Susanville Police Chief): Reports on what was done to reduce the speed on Highway 139 near Lassen Community College. Notes that orange advisory speed limit signs can be used to try to slow down traffic. Notes that vehicle vs. deer traffic collisions should be reported and be taken into consideration.

Director Millar: Will try to do another study in a year or so and will bring an ordinance back regarding the Janesville Main Street changes.

ACTION: Accept revised traffic survey speed limits for Janesville Main Street. MOVED BY: Keefer SECONDED BY: Dahle UNANIMOUS: Yes

PUBLIC WORKS DEPARTMENT Deputy Public Works Director for Facilities Peter Heimbigner: Presents information to the Board regarding two agenda items on the use of Susanville Veterans Memorial Building by Lassen County Best of Broadway. Discussion is held.

SUBJECT: Reconciliation of historical use of Susanville Veterans Memorial Building (SVMB) by Lassen County Best of Broadway. ACTION: 1) Accept accounting of improvements made by Lassen County Best of Broadway to Susanville Veterans Memorial Building from year 2000 through 2008 as reconciliation for use of facility in lieu of use fees. 2) Allow permanently installed equipment owned by Best of Broadway to be stored at SVMB during non use period. MOVED BY: Chapman SECONDED BY: Dahle UNANIMOUS: Yes

SUBJECT: Use of Susanville Memorial Building by Best of Broadway. ACTION: 1) Consider a special long term use fee for use of the Susanville Veterans Memorial Building (SVMB) for a special event by the Lassen County Best of Broadway's (B of B) 2011 theatrical production. 2) Accept long term use fee upon conclusion of event. 3) Utilize currently adopted short term "Application and Use Agreement" and "User Responsibilities" for special event use. 4) Allow short term use in lieu of cleaning/security deposit exception for B of B event. MOVED BY: Chapman SECONDED BY: Dahle UNANIMOUS: Yes PLANNING AND BUILDING SERVICES SUBJECT: Receive report regarding Senate Bill 863 (SB 863), which allows counties to reduce the term of Williamson Act contracts (to either 9 or 18 years), as a means of triggering a statutorily authorized recapture of ten percent of the participating landowners' property tax savings. ACTION REQUESTED: 1) Receive report; and 2) Find that the County received less than one-half of the foregone property tax revenue pursuant to Government Code Section 16142.1(d)(1) for the 2009/2010 fiscal year. 3) Determine if the public hearing required to implement the provisions of Senate Bill 863 will be scheduled.

Planning and Building Services Director Maurice Anderson: Presents information to the Board noting today’s action would be to determine if a public hearing will be scheduled to allow the Board to consider implementation of provisions of Senate Bill 863 that allows Williamson Act contract terms to be reduced to 9 or 18 years respectively. Notes the reduction to the term of contracts would allow the recapture of 10% of participating landowners’ property tax savings. The Assessor estimated this would result in an increase in tax revenue for the 2011/2012 fiscal year of approximately $76,000. The County is not mandated to implement SB 863; legislation will expire in 2015. Further information is presented. If the Board is interested in implementing the provisions of SB 863, a noticed public hearing is required and all landowners in the program would have to be notified of the hearing. The public hearing would be scheduled for January 18, 2011.

County Counsel Crabtree: Reports it has been determined that Supervisors Jack Hanson and Bob Pyle, as contract holders, are allowed to hear this item.

Assessor Ken Bunch: Notes that the County is not required and may not be able to contact each owner of property, sometimes there are multiple owners and the law calls upon the County to notify the contact person, where the bill is sent. Based on the Assessor’s role, they would contact 170 unique owners.

Supervisor Hanson: Notes that every county is approaching this slightly differently; there is some confusion within the counties and also with land owners. It is difficult to know how this is going to be implemented; feels a hearing is a good idea.

ACTION: Direct staff to hold public hearing to implement the provisions of Senate Bill 863, to be scheduled on January 18, 2011. MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes

CONSENT CALENDAR ACTION: Take the noted action on the following Consent Calendar items: MOVED BY: Dahle SECONDED BY: Keefer UNANIMOUS: Yes

COUNTY CLERK ITEM - MINUTES ACTION: Approve Minutes of December 7, 2010.

PRISON TRIAL COSTS ITEM - PRISON TRIAL COSTS REIMBURSEMENT PROGRAM ITEMS ACTION: Receive and file Recap of CCC Prison and High Desert State Prison Trials Cost Reimbursement Billing for July through November, 2010.

MISCELLANEOUS CORRESPONDENCE ITEMS ACTION: Receive and file the following correspondence: a. Lassen County Architectural Review Committee Special Meeting agenda for December 3, 2010. b. Lassen County Technical Advisory Committee Revised Meeting agenda for December 8, 2010. c. Lassen County Mental Health Advisory Board meeting agenda for December 13, 2010. d. Big Valley Newsletter dated December 2010.

BOARD OF SUPERVISORS - SUPERVISOR PYLE SUBJECT: Letter to Bureau of Land Management (BLM) Field Supervisor Kenneth R. Collum recommending that the BLM revisit the sealing of Bly Tunnel. ACTION REQUESTED: Approve letter and authorize the Chairman to sign.

SUBJECT: Letter to Lassen National Forest Supervisor Jerry Bird regarding artificial diversions within Pine Creek watershed. ACTION REQUESTED: Approve letter and authorize the Chairman to sign.

Fred Nagel (resident): States he is glad to see the Board is willing to take a stand; it seems the biggest issue he has seen over the last year is when the Board would talk about an issue and say it is not their authority; agrees it may not be but feels it is the Board’s job to represent the people and nudge the agencies that are the authority. Does not know if it will do any good but hopes it does.

Extensive discussion is held regarding the inlet structure to the tunnel. Mr. Nagel feels the problem is not the infamous pipe and plug in the middle but is up at the lakeshore at the open channel and fractured rock. Notes it may not be measurable but creates a public controversy and there is no reason for that. Feels there is a problem with federal agencies and frequent turnover of top personnel; creates an almost impossible situation for local people. Hopes to get the community on the same track; it may make a difference.

Chris Gallagher (Spalding Community Services District [CSD]): Notes questions come up almost daily: why don’t they close the tunnel, why are they letting water out of the lake? States the economic impact on Spalding (CSD) will be tremendous if the water gets any lower. People want to know if the launch ramp will be open next year. If the marina closes, it would be a $40,000 impact to the CSD; that may mean staff cut backs. The Spalding CSD Board supports these letters.

Direction is given to the Clerk on where to send copies of the letters.

Larry Wosick: Thinks any diversions of water which would otherwise go into Eagle Lake needs to be stopped. Notes there are millions of dollars of property and property tax around this body of water; this is a serious thing.

Supervisor Chapman: Requests that staff bring information to the Board at the next meeting regarding ownership of property at inlet to the Eagle Lake tunnel.

ACTION: Approve both letters and authorize the Chairman to sign with copies sent as directed. MOVED BY: Dahle SECONDED BY: Keefer UNANIMOUS: Yes

PUBLIC WORKS DEPARTMENT - ROAD DIVISION SUBJECT: Mooney Road (County Road A-21) Railroad Crossing Improvement Project - Status Report. ACTION REQUESTED: 1) Receive report. 2) Provide direction to staff.

Director Millar: Reports he has been in contact with Lassen Municipal Utility District (LMUD) and their engineers; they are still waiting for information from the Burlington Northern Santa Fe Railway (BNSF) and have not been able to get a response. Mr. Millar is trying almost on a daily basis to get information. He is trying to coordinate something with LMUD and BNSF. LMUD needs to find out what BNSF needs. Public Works has put bid requests together for purchase of cantilever poles, beacon lights and railroad advance warning signs. The County will be able to obtain all of the major components and items which may take up to 60 days to obtain.

Supervisor Pyle: Thanks Mr. Millar for his report.

TREASURER/TAX COLLECTOR - PUBLIC AUCTION SUBJECT: Resolution approving the sale of tax defaulted property at public auction May 7 - May 10, 2011 and sealed bid auction on May 10, 2011. ACTION: Adopt Resolution No. 10-061 (including Exhibits A and B) approving the sale of tax defaulted property at public auction May 7 - May 10, 2011 and sealed bid auction on May 10, 2011. MOVED BY: Hanson SECONDED BY: Keefer UNANIMOUS: Yes

INFORMATION FOR THE BOARD CAO Stone: States that Treasurer / Tax Collector Richard Egan has been outstanding to work with; he had made appointments with all Directors except for Mr. Millar. Goals: 1) identify and work on the biggest “fires” first; 2) meet with Sheriff-elect Growdon today; 3) meet with Supervisors to get a run down of their districts. He will also be working with Auditor Karen Fouch and Assistant to the CAO Julie Morgan on the budget. Supervisor Chapman: Requests a budget committee meeting be scheduled in January and then on a quarterly basis.

ADJOURNMENT There being no further business, the meeting is adjourned at 11:47 a.m.

______Chairman of the Board of Supervisors

ATTEST:

______Susan Osgood, Deputy Clerk of the Board