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									                                         SUMMARY MINUTES
                                       BOARD OF SUPERVISORS
                                  707 NEVADA STREET, SUSANVILLE
                                          FEBRUARY 16, 2010


PRESENT:       Supervisors Bob Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle and Jack Hanson; County
Counsel Craig Settlemire, Acting County Administrative Officer (CAO) Treasurer / Tax Collector Richard Egan
and Deputy Clerk of the Board Susan Osgood.


CLOSED SESSION: Chairman Pyle announces that no closed session was held. Following the flag salute,
the invocation is offered by Chairman Pyle.

Supervisor Keefer notes that “Unagendized Reports by Board Members” is missing from the agenda.
ACTION: Approve agenda as posted and adding Unagendized Reports.
MOVED BY:      Hanson           SECONDED BY: Dahle           UNANIMOUS: Yes

UNAGENDIZED BOARD REPORTS: Supervisor Keefer: 1) Attended Resource Advisory Committee (RAC)
meeting February 10; they looked at six projects and approved five. The sixth project requires more voting as
one individual recused his or herself and two others were absent. There was $286,947 in approved requests;
notes they were all good projects. There were two projects significant to Lassen County. The Agriculture
Commissioner requested $79,592 for weed abatement, which included $20,000 in ugrades or replacement of
spray rigs; they will also be able to hire two additional people on staff. The Fall River Resource Conservation
District (RCD) was approved for $25,000 to do weed spraying in the Pittville area. 2) After the February 9
meeting, Lassen County Public Works Director Millar was contacted by Shasta County Public Works Director
who is also upset with decisions made by Lassen and Shasta-Trinity National Forests and are leading an
effort to address the Forest Service Travel Management Plan. They want to coordinate a joint letter with
Lassen, Shasta, Tehama and Butte Counties to send to the Undersecretary of Agriculture. Supervisor Keefer
reviewed the letter and would like to schedule it for the next meeting agenda. 3) Heidi Perry-McCourt (U. S.
Forest Service) sent information to Supervisors Chapman and Keefer regarding “quiet” recreation (which
includes hunting, fishing and camping) stating that it provides greater economic benefits to local communities
than motorized recreation; states quiet recreation contributes as much as two and a half to five times as much
in jobs and business than motorized recreation. Feels they have missed the point when reviewing the
Board’s comments on disbursed recreation. Notes that Modoc is allowing 70% of unauthorized tracks into the
system; Lassen only designated about 10%. They are severely limiting where a person can drive off of the
road to a campsite and parking on the side of the road. Supervisor Keefer will look at data presented by the
Forest Service. Further discussion is held. 4) Asks if the Board would like to weigh in on adopting a
resolution regarding the State Constitutional Convention as mentioned previously. The Board would like this
matter on an agenda for discussion. 5) Attended Air Board meeting, will defer to Supervisor Hanson for
Supervisor Dahle: 1) Attended the Air Board meeting; was interested in some of the comments about
biomass; was glad to see the Board taking all avenues to reinstate the old permit. 2) Will attend Regional
Council of Rural Counties (RCRC) Executive Committee meeting February 17. Will be talking to people about
Coordinating Agency Status and report on that at next meeting.
Supervisor Hanson: 1) Designates the following from his discretionary funds: $600 to Leavitt Lake
Community Services District. They have some pieces of equipment they need to enhance their park.
Recognizes Deputy Public Works Director for Facilities Peter Heimbigner for work he has done there. 2)
Attended Herlong Revitalization Committee meeting which includes the Family Resource Center, the Federal
Prison, Sierra Army Depot and other interested parties. Notes the Local Reuse Authority (LRA) is an
important player. 3) Met with Doyle Seniors and others regarding burn permits. 4) Air Board meeting: Notes
that under the Carl Moyer Program Solid Waste has been approved to retrofit a D6 or D7; the County has
applied for retrofitting three motor graders at a cost of about $50,000 each. Notes it is great to see that Public
Works got into the Carl Moyer Program. States there has been notification that there may be a delay in the
implementation of off road items. 5) Discussed and held a public hearing on the HENRI Susanville Bio-Power
project, a joint venture of Nature Energies Incorporated (NCI) and the old Renegy Corporation. It was to
continue discussions on the federal Title 5 permit; how they are balancing the local and federal aspects of
reactivating the existing permit for that plant. Should create a good number of jobs and a fairly large
investment to retrofit the plant and bring up to current best management practices. Discussions will continue.
The existing use permit will have to be looked at by the County. They have continue to work with Lassen
Municipal Utility District (LMUD) as well. 6) Notice was received that Senator Dave Cox will be holding a
hearing on “The Williamson Act: Past, Present, Future?” March 3, 2010 at the State Capital. Supervisor
Hanson will be representing the Cattlemen’s Association.
Supervisor Chapman: 1) Will be attending Bureau of Land Management (BLM) RAC meetings in Cedarville
February 17 and 18. Looks forward to discussions on some issues such as the proposed horse gather in
Lassen County. 2) Update on Blue Star Mom banners: another 18 banners were picked up from UPS; the
owner Andy Warren produces them for about $45 to $50 each with a total contribution of over $3,000 from the
UPS store. 4) Attended the Susanville Symphony on February 12; it was awesome. The Best of Broadway
will hold their 11 year of performances in March. Disagrees with people who say there is nothing to do in
Lassen County; there is plenty to do.
Supervisor Pyle: Attended the Emergency Medical Care Council (EMCC) meeting last week; there was a lot of
good information provided. Notes that Sierra Medical Services Alliance (SEMSA)
maintained 100% compliance for every month in 2009 except August, when they maintained 98%. They are
doing a good job.
Supervisor Chapman: 5) Notes that Mountain Lifeflight is fully operational again.

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

ACTION: Approve Minutes of August 12, 2008 and August 19, 2008.

ACTION: Approve purchase of multi-department server in the amount of $4,357, applicable software in the
amount of $4,448, and appropriate licensing for users in the amount of $11,820.

ACTION: Receive and file the Treasurer's Fund Balance Report and Auditor's verification for the month of
January, 2010.

ACTION: Approve Cooperative Agreement between Sierra Army Depot (SIAD) and Lassen County Public
Works, Road Department for providing ice/snow removal, and authorize the CAO to sign.

ACTION: Receive and file Treasurer's Investment Report for January, 2010.

ACTION: Receive and file Recap of CCC Prison and High Desert State Prison Trials Cost Reimbursement
Billing for July 2009 through January 2010.

ACTION: 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 3, 2010.
b. Big Valley Community Alliance, Inc. August, 2008 Report and Big Valley Newsletter February, 2010.
c. Lassen County Air Pollution Control District Governing Board meeting agenda for February 9, 2010.
d. Lassen County Technical Advisory Committee Notice of Cancellation of the February 10, 2010 meeting.

SUBJECT: Moving expenses in an amount not to exceed $1,000 for Ms. Maria Carlmagno-Brice, Child
Support Services Director.
ACTION REQUESTED: Approve moving expenses.

Personnel Director Nicole Berry presents request to provide moving expenses for the new Child Support
MOVED BY:      Dahle                            SECONDED BY:           Keefer

Supervisor Chapman: States this has come up in the past as part of the CAO position, but feels given the
economy and budget, that it should be standard practice for the Board to not encourage or accommodate
requests like this.
UNANIMOUS: The Board votes unanimously to not approve the request for moving expenses.

ACTION: Approve letter for inclusion in the “All About Lassen County Visitors Guide” (formerly titled “Lassen
County Visitors Guide”) and authorize the Chairman to sign.
MOVED BY:       Chapman                           SECONDED BY: Dahle             UNANIMOUS: Yes

Chairman Pyle presents awards in appreciation for years of employment with Lassen County to the following

10 Year Awards: Marlene Nolen (Sheriff); Kevin Rorie (Sheriff); Lori Garrigan (Sheriff/Jail)
20 Year Award: Regina Mineau (Sheriff).

Supervisor Hanson: Presents report on the Great Basin Water Forum held in Reno, Nevada on December
12, 2009. States there is a Memorandum of Understanding (MOU) in existence with some Nevada counties
as Central Nevada Regional Water Authority (CNRWA), the Utah Counties of Juab and Millard and the
California Counties of Inyo and Mono. It establishes a forum to discuss and study important water resource
issues common to the shared geographic region and, if appropriate, make recommendations concerning the
Parties' common interests to the appropriate entities and organizations. Feels this would be a great
opportunity for Lassen County; notes there is no financial obligation to the County. Someone traveling to
represent the County could submit a claim for travel. There are two changes to the MOU that is in the agenda
packet. Paragraph E, Term should state “shall be in effect until terminated by the Central Nevada Regional
Water Authority” and, Lassen County is now listed under Parties in Paragraph A with a signature line for
Lassen County’s Chairman of the Board. Asks if it would be appropriate to approve this with noted changes.

County Counsel Settlemire: States the MOU can be approved subject to the noted changes.
ACTION: Authorize the Chairman to sign the MOU with two noted changes: adding Lassen County as a
participant in the first paragraph of the MOU; and the term of the MOU states it would be in effect until
terminated by the Central Nevada Regional Water Authority; any party may terminate its participation by
written notice.
MOVED BY:         Hanson
SECONDED BY: Supervisor Chapman: Seconds the motion with the proviso that Supervisor Hanson be
designated to represent Lassen County.                             UNANIMOUS: Yes

SUBJECT: Memorandum of Understanding (MOU) for the Susan River Watershed.

Supervisor Hanson: Brings Memorandum of Understanding (MOU) to the Board for the Susan River
Watershed Restoration Project. Reports they have held three meetings. Notes that Conservationist Ceci
Dale-Cesmat was instrumental in leading this organization and bringing it to fruition; she is in audience and
will speak to the Board. There is a no funds obligation to the County. Lassen County is already represented
in the MOU by David Lile of the Cooperative Extension and the Ag Commissioner Jim Donnelly. Feels the
County should also be a signatory to the MOU; it will add to the watershed restoration group’s ability to obtain
grants and provide a conduit to private and public landowners. Notes some corrections to those listed on the
MOU; suggests the Planning Department or a Supervisor be listed as contact person. States he will be
attending the meetings. Supervisor Keefer notes some minor corrections to names and titles.

Ceci Dale-Cesmat (National Resources Conservation District [NRCS]) Conservationist: States she made
some changes to the MOU presented in the agenda packets. Discusses suggested changes. Suggests
Lassen County be the lead agency of the development of the Integrated Regional Water Management Plan
(IRWM) because it has been suggested that it is easier to receive funding if there is a larger regional area
represented. Notes that Pine Creek held a CRM (Coordinated Resource Management) meeting and are
interested in being part of this. Presents detailed background information on the Susan River Watershed
Restoration Project.

Supervisor Hanson: Is not sure whether it would be premature to indicate that Lassen County would be the
lead agency; it requires funding. Feels it is the next logical step but there is more to the process. Would be
happy to participate without committing to being the lead agency.

Ms. Dale-Cesmat: States the lead agency would oversee development of the plan; it is a pretty big process.
A consulting firm would need to be hired to complete it.

Supervisor Hanson: Would like to work on the first draft of MOU, as presented in agenda packets, adding
under Section W. Lahonton Regional Water Quality Control Board, “3. Assist in preparation of an Integrated
Regional Water Management Plan (IRWM) and a Local Groundwater Assistance Plan.” Under Section X.
Lassen County, add “Participate with the Susan River Watershed Restoration Group’s planning effort by
attending meetings and providing input consistent with Lassen County General Plan.”

ACTION: Approve the MOU as presented with noted additions.
MOVED BY:    Hanson                SECONDED BY: Dahle

County Counsel Settlemire: For clarification, asks if the Board wants to include in the motion authorizing the
CAO to sign for this for the County and also authorize the CAO to establish the points of contact for the

AMEND MOTION AND SECOND: As stated by County Counsel.
MOVED BY:  Hanson     SECONDED BY: Dahle            UNANIMOUS: Yes

SUBJECT: Report on Fire Safe Ordinance (Ord. 502) rules and regulations in regard to road and driveway
access requirements, specifically as it relates to paving requirements related to Building Permit #2008-139,
Mike McCourt (as directed by the Board at the January 26, 2010 meeting).
ACTION REQUESTED: 1) Receive report;
2) Provide direction to staff as necessary;
3) Consider directing staff to initiate amendment to the Fire Safe Ordinance (Ord. 502).

Planning and Building Services Director Maurice Anderson: Reports on review of Fire Safe Ordinance 502
per Board direction regarding an issue Mike McCourt previously brought to the Board. Staff’s analysis is that
the ordinance is working and they could not provide any modification to help Mr. McCourt with his situation
and provide for safety measures under Ordinance 502. On February 12 Director Anderson and Senior
Planner Gaylon Norwood met with CALFIRE staff, Battalion Chief Nicole Melo, Chief of Operations Joe
Waterman and Chief County Fire Warden Brad Lutts and the consensus was the same, that there is good
reason why this requirement is in place. Staff does not recommend any modifications to the existing
ordinance at this time.

County Counsel Settlemire: Comments that he met with Mr. McCourt last week and discussed the matter and
reviewed the ordinance. Previous meeting talked of variance; Ord. 502 only allows for variance of setback,
not road slope. Board could consider adding a variance, but some criteria would need to show a property is
uniquely situated or could allow for engineering studies on whether or not to have certain slopes paved. That
could not be implemented in a timely manner. Mr. McCourt offered to sign a waiver of liability saying he
would assume responsibility for himself as to any adverse consequence of emergency vehicles being unable
to reach his property; he would not be in position to waive liability for guests or workers on his property. The
requirements are also to protect emergency personnel and he could not waive those rights. Does not see an
approach that could be used in this situation.

Director Anderson: The ordinace also protects future landowners as well. Modoc County is using the lowest
standard guideline of 16%; Battallion Chief Melo can comment on this as well; That is viewed as a failure,
called a nightmare and debacle. That puts people and property at risk.

Battalion Chief Melo: Feels the ordinance regarding road standards and grades works for the County; it is
black and white. Would entertain meeting with the Planning Department and Board and reviewing the

Resident Mike McCourt: Knows that everyone is trying to help. Would like to have the ordinance reviewed.
There might be some instances that could be changed by field decision of a site. Feels it costs people with a
long driveway a great deal of money. For populated areas, the pavement is necessary; suggests that another
surface might be allowed.

Supervisor Chapman: States, as the only member of the Board when Ordinance 502 was adopted, that a lot
of discussion was held. Would not be in favor of a land division of property with grade over 12%. Public
agencies have a responsibility to make sure whatever growth is done is in a safe environment. Thinks road
improvement should have been done before the house was built. Wonders why the department allowed this
to happen. Feels there has been enough construction season to have gotten this done.

Extensive discussion is held. (Supervisor Chapman is absent 11:05 a.m. – 11:07 a.m.)

Chairman Pyle: Requests that Planning staff bring back a list of their workload priorities so the Board can
help prioritize them in order to plan a review of Ordinance 502.

SUBJECT: Big Valley Joint Unified School District request to the Board to apply for grant funds for
construction of a gymnasium.
ACTION REQUESTED: STAFF RECOMMENDATION: That the Board of Supervisors decline to adopt the
proposed resolution and direct staff as to the appropriate action regarding this matter.
ALTERNATIVES: 1) The Board may be willing to submit a letter in support of the grant application. 2) The
Board may be willing to be the applicant on behalf of the School District in which case staff recommends the
District indemnify the County.

Superintendent Richard Rhodes Ed.D (Big Valley Joint Unified School District): Presents information on
request to apply for Grant Funds for construction of a gymnasium for Big Valley Joint Unified School District.
The grant could be for the total cost of the project; the School District is looking to the County as a partner in
the project. The existing gym needs a lot of work and the district is expanding their program. In August they
are starting a Lassen College Basketball Class with 15 members and other leagues in the area would also
use the gym. Presents further details.

Supervisor Dahle: Thought this was going to be a letter of support. Spoke with CAO Ketelsen who had
concerns as noted in his cover letter. This has a deadline of March 1. Would like to direct staff to see if the
Prop 84 funds are available for the next funding cycle and the Board may want to put this off as it is more
complicated than it first seemed.

Superintendent Rhodes: Thinks it needs a county resolution but thinks there was wording that made the
County staff nervous.

Acting CAO Egan: After a brief review, it looks as though certain districts are eligible. Suggests that Staff look
at this and bring it back next week with information but this may not be something the Board will be
comfortable doing in the next week.

Chairman Pyle: Requests staff to bring back as soon as possible after reviewing it.
ACTION: Receive and file correspondence from Windjammer Cable reporting on programming changes, price
changes effective March 1, and other customer information.

There being no further business, the meeting is adjourned at 11:30 a.m.

                                                        Chairman of the Board of Supervisors


Susan Osgood, Deputy Clerk of the Board

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