BOARD OF SUPERVISORS

 

                                                                       FEBRUARY 14, 2006

 

                                        

The Lassen County Board of Supervisors convene in Regular Session at 9:00 a.m.  Chairman Pyle asks for public comment and no comments are received.  County Clerk Nagel announces the Closed Session items and the Board recesses to Closed Session at 9:02 a.m. for: 

 

Conference with real property negotiator:  a)  Location - APN #101-150-13, Chestnut Street, Susanville;  b)  Negotiator - CAO John Ketelsen;  c)  Subject - Update.

 

As LRA: Conference with real property negotiator:  a)  Location - Sierra Army Depot "North East Shore Parcel" remainder;  b)  Negotiator -  John Ketelsen;  c)  Subject - terms of Federal Government transfer to LRA.

 

As LRA: Conference with real property negotiator:  a)  Location - Herlong  APNs: #139-16-70 and 72;  b)  Negotiator -  John Ketelsen;  c)  Subject - price and terms of transfer from LRA to Scenic Mountain Development.

 

Present in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer John Ketelsen, Community Development Director Robert Sorvaag, Assistant Community Development Director Joe Bertotti and County Clerk Theresa Nagel.  Supervisor Chapman enters at 9:14 a.m.  Closed Session is recessed at 9:42 a.m.

 

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, February 14, 2006, at 9:45 a.m.   Present:  Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer (CAO) John Ketelsen and County Clerk Theresa Nagel.  Following the flag salute, the invocation is offered by Supervisor Pyle.

 

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

The County Clerk announces the Closed Session dealt with:

 

Conference with real property negotiator:  a)  Location - APN #101-150-13, Chestnut Street, Susanville;  b)  Negotiator - CAO John Ketelsen;  c)  Subject - Update - no reportable action taken.

 

As LRA: Conference with real property negotiator:  a)  Location - Sierra Army Depot "North East Shore Parcel" remainder;  b)  Negotiator -  John Ketelsen;  c)  Subject - terms of Federal Government transfer to LRA - no reportable action taken. 

 

As LRA: Conference with real property negotiator:  a)  Location - Herlong  APNs: #139-16-70 and 72;  b)  Negotiator -  John Ketelsen;  c)  Subject - price and terms of transfer from LRA to Scenic Mountain Development - no reportable action taken. 

 

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

Supervisor Chapman requests the meeting be adjourned in memory of Dee Guitierez and John Doyle.

 

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

 

PUBLIC COMMENT

Poet Laureate Violet Stout reads a poem entitled "Be My Valentine".

 

UNAGENDIZED BOARD REPORTS

1.         Supervisor Dahle reports on the RCRC meeting and distributes information to board members on the Counties/Schools Coalition.

2.         Supervisor Hanson reports on a meeting with Colonel Butler attended by himself along with other county staff - discussions of Sierra Army Depot Airport expansion and the Depot no longer providing emergency services off the base; reports on the PSAII meeting he attended; reports Doyle Park Committee meeting.

3.         Supervisor Keefer designates $2,000 of his discretionary funds go to the Road Fund for radar signs at Janesville School; reports on continuing water issues on Lower Baxter Creek - Dept. of Water Resources (DWR) sent notice that sediment needs to be managed or water will be shut off, also diversion facilities need to be upgraded - he will write to Senator Cox and Assemblyman Keene and the DWR about this; discusses a couple of RAC Projects - Forest Supervisor did not approve Eagle Campground road repair and wants the money put into the Fish Trap which has a cost estimate of $530,000 - RAC is not happy with how this whole thing has progressed; discusses plan to sell off federal land to fund counties (schools and roads) for in-lieu timber receipts; distributes information on a Counties/Schools Coalition meeting in Reno.

4.         Supervisor Chapman reports on NORTEC meeting and the JPA amendment to bring in Sierra County - Nevada County also wants to join and this may become an issue; reports on the Lahontan Water Quality Control Board - the 1993 gas spill on Commercial Road is a significant issue for the City's Well #3 as the plume goes toward the well during heavy pumping and then goes away from the well when pumping decreases - LWQCB ordered Washoe Fuel to remove and treat 8,000 more cubic yards of material; discusses the LWQCB Executive Report which contained information on the Everd McCain unauthorized operations - notes he has always recused himself when this subject has come up but McCain sent a letter to LWQCB speculating that Chapman was using his position on the LWQCB to influence decisions on this matter - Chapman has taken further steps to distance himself from the matter by directing that he receive no copies of anything pertaining to McCain.

5.         Supervisor Hanson reports on the LAFCO meeting - update on the Recreation District and notice that the West Patton Village CSD Protest Meeting will be held March 13th.

6.         Supervisor Pyle reports on the Lassen County Emergency Medical Care Meeting; reports on the Almanor Regional Transportation meeting and the Almanor Basin Watershed Advisory meeting.

7.         Supervisor Chapman would like to receive a report on the operations of SEMSA.

 

LASSEN CAREER NETWORK

Traci Holt presents a Second Amendment to Revised Joint Powers Agreement Creating a Northern Rural Training and Employment Consortium (NoRTEC), adding the County of Sierra.

 

It is moved by Supervisor Chapman, seconded by Supervisor Keefer and carried to approve the amendment and authorize the Chairman to sign.

 

Mrs. Holt provides a report on the Rapid Response Team relating to recent lay-offs noting they are serving 150 people in the Herlong area.

 

LASSEN COUNTY HOUSING AUTHORITY

(Convene as the Lassen County Housing Authority Board of Commissioners)

 

Melody Brawley presents information on the status of Housing Assistance Program and presents options:

 

Option 1:

o   Authorize staff to submit a letter to HUD requesting an emergency waiver that would allow reducing the maximum assistance payments to 90% of the Fair Market Rates for 2006 and for future years as well;

o   Amend the County's Housing Authority Administrative Plan to achieve additional program reductions and cost controls.  The proposed amendments are:

1.   Establish maximum housing assistance payment levels of 90% of the current calendar year's Fair Market Rate.

2.   Establish a limit to the percentage of vouchers issued for larger 3 and 4 bedroom housing units.

3.   Develop a termination plan that would allow the County to discontinue program benefits to tenants within certain income brackets when the County is experiencing financial hardship.

 

Option 2:

o   Contract through an RFP with another Housing Authority to operate the Housing Assistance Program.

 

Option 3:

o   Authorize closure of the program and return of all housing vouchers to HUD.

 

It is moved by Supervisor Hanson, seconded by Supervisor Keefer and carried to adopt Option 1:

 

o   Authorize staff to submit a letter to HUD requesting an emergency waiver that would allow reducing the maximum assistance payments to 90% of the Fair Market Rates for 2006 and for future years as well;

o   Amend the County's Housing Authority Administrative Plan to achieve additional program reductions and cost controls.  The proposed amendments are:

1.   Establish maximum housing assistance payment levels of 90% of the current calendar year's Fair Market Rate.

2.   Establish a limit to the percentage of vouchers issued for larger 3 and 4 bedroom housing units.

3.   Develop a termination plan that would allow the County to discontinue program benefits to tenants within certain income brackets when the County is experiencing financial hardship.

 

(Adjourn and reconvene as Board of Supervisors)

 

ALCOHOL AND DRUG ADVISORY BOARD

It is moved by Supervisor Keefer, seconded by Supervisor Chapman and carried to appoint Terry Enger to fill a vacancy on the Lassen Alcohol and Drug Advisory Board.

 

CONSENT CALENDAR

Supervisor Hanson requests Item G-11, Prison Trial Costs Reports, be pulled for separate consideration.  Supervisor Chapman requests that Item G-7, travel request, be pulled for separate consideration.

 

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

 

COUNTY CLERK ITEM

Approve Minutes of January 24, 2006.

 

COUNTY CLERK / REGISTRAR OF VOTERS  ITEM

Grant City of Susanville request for the Board of Supervisors to consolidate a general municipal election to be held on Tuesday, June 6, 2006, with the statewide primary election.

 

COUNTY CLERK / COUNTY COUNSEL ITEM

Adopt Resolution No. 06-008, amending the County of Lassen Conflict of Interest Code.

 

AUDITOR & TREASURER DEPARTMENTS ITEM

Receive and file Treasurer's Fund Balance Report and Auditor's verification for the month of January, 2006.

 

AUDITOR ITEM

Authorize the Chairman to execute the restructure amendment to the CSAC Excess Insurance Authority Joint Exercise of Powers Agreement to add California Public Entity Insurance Authority (CPEIA) as members.

 

COMMUNITY DEVELOPMENT DEPARTMENT - ECONOMIC DEVELOPMENT / HOUSING ITEM

Approve application submittal for California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002, Per Capita Grant Program - Leavitt Lake Park Proposal.

 

PUBLIC WORKS DEPARTMENT ITEM

Award bid to Cashman Equipment, Sparks, NV, the lowest bidder meeting specifications, in the amount of $55,506.16 for the purchase of two (2) new rotary broom sweepers.

 

Approve Amendment No. 1 to Agreement with CB Consulting for Professional Services for Skyline Road East and Skyline Road Extension Construction Projects, and authorize the Director of Public Works to sign.

 

OFFICE OF EMERGENCY SERVICES ITEM

Ratify continuation of Declaration of State of Disaster - Flood/Emergency in Lassen County.

 

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a.   Lassen County Planning Commission meeting agenda for February 1, 2006.

b.   Lassen County Technical Advisory Committee meeting agenda for February 8, 2006.

c.   Local Agency Formation Commission (LAFCO) of Lassen County corrected meeting agenda for February 13, 2006.

d.   Application for Alcoholic Beverage License - Honey Lake Market, 463-050 Janesville Grade Rd., Janesville.

 

PROBATION DEPARTMENT

In regard to the travel authorization request for a Probation Officer, Supervisor Chapman states he is not against training, but this training is in Marin County which is an expensive place to stay.  Also notes this training starts this week and the item should have been before the board prior to this meeting.  He would like see a six month calendar maintained showing training so more planning can occur - such as other locations.  He wants to have uniformity and parity for training and travel for all county departments.  He is not against this specific request but wants the CAO to develop a program to create parity and provide for planning.  CAO Ketelsen provides information on this specific training request and states he does feel that it is not out-of-line although it should have been before the Board sooner.  He states the original training class was canceled due a low number of attendees and this training session was needed to meet the training requirements for this probation officer.  Chief Probation Officer Roy Thiels provides further information on cost savings he has been able to accomplish since this item was submitted for approval - lower room rate for most of the days of attendance and not having to pay the tuition.

 

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to approve travel authorization request for Probation Officer Debra Falkowski to attend the mandatory Standards & Training for Corrections (STC) Core Training in Marin County, February 14 - March 24, 2006, with cost modifications the department has made.

 

PRISON TRIAL COSTS REIMBURSEMENT PROGRAM

Supervisor Hanson feels we have a large issue in regard to the prisons noting that SEMSA has not been paid for ambulance services to the prisons, Lassen Solid Waste payments are three months behind and he understands that Plumas-Sierra Rural Electric also experiences long delays in receiving payments.  States that he would be happy to work with staff to get in touch with our State Legislators in regard to this problem.  Chairman Pyle directs Supervisor Hanson to work with CAO Ketelsen to compose letters and submit them to a future meeting for approval.

 

It is moved by Supervisor Hanson, seconded by Supervisor Keefer and carried to receive and file Recap of CCC Prison and High Desert State Prison Trials Cost Reimbursement Billing for January, 2006.

 

(Supervisor Chapman absent 10:51 - 10:53 a.m.)

 

NEVADA CLEAN ENERGY COALITION

Jon Wellinghoff of Nevada Clean Energy Coalition presents extensive information on the SEMPRA Coal Plant Project proposed to be sited in the Smoke Creek Basin.  He states the coalition will be filing a petition for adjudication of water rights in the Smoke Creek Basin and is asking Lassen County to do the same.  States this is a lengthy process and would probably stop the project. 

 

Supervisor Hanson states that frankly we need more power but he does feel we should ask for adjudication of the basin water rights.

 

It is moved by Supervisor Hanson and seconded by Supervisor Keefer to authorize a letter urging adjudication of Smoke Creek Basin Water Rights.

 

Jack Pastor is concerned about air pollutants and the use of large amounts of water for this coal plant.  He speaks more about heavy metals and impact on the environment. 

 

Supervisor Pyle states this nation is in an energy crisis because for every type of power source project that is tried (hydro, wind, nuclear, coal, oil drilling, etc) there is someone fighting it for some reason.  He states we have created the energy crisis we are currently in and he has not made up his mind in regard to the coal plant, but there was some misinformation provided today.  Statements about selenium are misleading as too little selenium is deadly to cattle and sheep just as well as way too much selenium is harmful.  Also notes the prevailing winds are not from the northeast but are from the southwest.

 

The motion carries.

 

COUNTY COUNSEL

Special Districts - Exemption

County Counsel Craig Settlemire states that in regard to exempting special districts providing emergency services (e.g. fire protection districts) from the payment of building department plan-checking and inspection related fees, the county cannot discriminate between different types of districts.  Either all special districts receive an exemption or none.

 

It is moved by Supervisor Chapman and seconded by Supervisor Keefer to direct county counsel to draft an ordinance to amend section 12.24.090 of the Lassen County Code deleting all the language following the words ".....official service".

 

Jim McCarthy notes it is taxpayers dollars being used to build a firehouse for Susan River Fire District and for the overall "greater public good", public buildings such as this should be exempted from building permit fees.  He also notes for the "greater public good" agriculture buildings are exempt from building fees.

 

John Wilczynski states this exemption is needed as small districts are in financial trouble.  He also thinks a graduated fee schedule for special districts could be implemented and would not be discriminatory.

 

The motion carries.

 

HEALTH & SOCIAL SERVICES - COMMUNITY SOCIAL SERVICES

Lassen Family Services Executive Director Linda McAndrews presents information on a Three-Year Plan for the Child Abuse Prevention, Intervention and Treatment (CAPIT), Community Based Child Abuse Prevention (CBCAP), Promoting Safe and Stable Families (PSSF) and Small County Initiative (SCI) Funds.

 

It is moved by Supervisor Chapman, seconded by Supervisor Dahle and carried to approve the plan; and adopt Resolution No. 06-009, authorizing contracting with Lassen Family Services for the CAPIT/CBCAP and one-half of the SCI Funds, contingent upon final approval by the Office of Child Abuse Prevention.

 

Noon Recess 12:11 - 1:32 p.m.  Supervisor Chapman and Supervisor Keefer are absent.

 

SHERIFF DEPARTMENT (Supervisor Keefer enters at 1:33 p.m.)

It is moved by Supervisor Dahle, seconded by Supervisor Keefer and carried, with Supervisor Chapman absent, to approve Sheriff Department request to host the mandatory Corrections Standards Authority (CSA) Adult Corrections Core Training in Susanville at the estimated cost of $11,460.

 

PUBLIC WORKS DEPARTMENT

Public Works Director Larry Millar presents information on the need for a consultant to prepare the 2006 Transit Development Plan.

 

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried on roll call vote, (Supervisor Keefer, Supervisor Hanson, Supervisor Dahle and Supervisor Pyle voting YES, and Supervisor Chapman absent) to:

1.   Amend the Local Transportation Fund (LTF) Admin budget #128 by $55,000 to accommodate grant revenue and project expenditure.

2.   Award the agreement for the preparation of the 2006 Transit Development Plan to LSC Transportation Consultants, Inc. in the amount of $47,590.

3.   Authorize the Director of Public Works to sign the agreement after it has been approved by County Counsel.

4.   Authorize the Director of Public Works to authorize changes to the scope of work (Amendments to the Agreement) up to an amount not to exceed $7,410.

 

COUNTY ADMINISTRATIVE OFFICE

Travel authorization:

CAO Ketelsen submits an authorization request for District Attorney's Victim Advocate to travel to Kentucky, Tennessee and New York for trial preparation at the estimated cost of $2,800.

 

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried, with Supervisor Chapman absent, to authorize CAO to approve travel expenditures in connection with trial preparation of the Bowen case so long as no single trip exceeds $3,000.

 

CORRESPONDENCE

1.         A letter from Adelphia announcing service rate increases effective with the February billing statement, is received and filed.

 

2.         A letter from Lassen National Forest Supervisor Laurie Tippin regarding signing of the Memorandum of Understanding for the Volcanic Legacy Scenic Byway, an All American Road, and the Executive Team meeting agenda for February 9, 2006, is received and filed.

 

WILLIAMSON ACT STUDY SESSION

Minimum Acreage for Agricultural Preserve and for Williamson Act Contract:

Supervisor Pyle states we need a policy that is updated to meet current needs and makes suggestions for smaller acreage to be allowed in an agriculture preserve in relation to specific soil classes (40 acres prime and 160 acres of non-prime).  (Supervisor Chapman enters at 1:45 p.m.)

 

CAO Ketelsen notes we are talking about two different things - first an agriculture preserve zone and also agriculture preserve contracts.

 

Extensive discussion is held in regard to soil classifications versus definition of prime and non-prime lands.  Richard Egan notes the state has good soil definitions and wonders why these are not used rather than the more complicated definitions used by the county.

 

Existing Fragmented Contracts:

Discussion is held regarding owners of lands that no longer meet the requirements of agricultural contracts and how to deal with them.  CAO Ketelsen states more analysis may be needed to determine how to address this - what he is hearing is the Board desires that nothing get below the minimum standards. 

 

Avoiding Future Fragmented Contracts:

Following extensive discussion the Board consensus is for Option 2 - prohibit the sale of substandard portions - include language in new contracts prohibiting the sale of parcels or groups of parcels that do not collectively meet the minimum county requirement for a contract.  Supervisor Dahle expresses his concern about different standards for future and existing contracts.

 

Lot line adjustments:

Following extensive discussion, CAO Ketelsen states he only needs to know if the Board wants more requirements than are contained in Government Code Section 51257.  Chairman directs board members to bring up with the CAO if they have any changes to this section.

 

Land divisions - general:

Board has no changes to the staff's issue statement under this section.

 

Land divisions - segregation of homesite:

CAO Ketelsen notes that even in zones where there is a minimum 100 acres there is also the exception to allow segregation.  (Supervisor Chapman departs at 2:59 p.m.)  Supervisor Dahle likes the segregation for homesite exception but not under the Williamson Act - that right is given up.  (Supervisor Chapman enters at 3:02 p.m.)  Supervisor Chapman agrees with Supervisor Dahle.  Board consensus is no segregation for Williamson Act lands. 

 

Building permits on Williamson Act Land with existing agriculture:

(Supervisor Keefer absent 3:06 - 3:08 p.m.)  Supervisor Pyle likes Option 4 -meet the minimum county requirement for a contract.  Rocky Joy wants to be sure the Board understands the consequences for home owners that are not in conformance.  Supervisor Chapman agrees that owners are due notification prior to approving any changes.  Rick Simon states owners can be notified by sending proposed resolutions to owners and letting them know when it will be considered.  Supervisor Dahle asks about cancelling contracts that are not meeting the standards.  CAO states cancellation conjures up all kinds of problems and there may be some other mechanism for enforcement.  Supervisor Chapman states the option chosen depends on what the CAO finds in regard to enforcement.

 

Building permits on Williamson Act Land with no existing agriculture:

Consensus is for Option 1 - allow agriculture related building under 2,500 square feet.

 

Craig Hemphill would like to see 10 acres minimum for timber and specialty crops.

 

Definition of agriculture for Williamson Act Purposes:

Board consensus is comfortable with staff's proposed definition.

 

Richard Egan suggests the draft resolution be circulated to Farm Bureau and Cattlemen's Assn. prior to adoption.

 

CAO Ketelsen would like an interim step to explain in layman's terms what the changes will mean to owners prior to adoption of changes.

 

Discussion is held on the amount of time it will take to bring back a summary of the proposed changes and CAO Ketelsen estimates 30 days.

 

Recess 3:47 p.m. to 6:30 p.m.

 

JOINT MEETING WITH FAIR ADVISORY BOARD

The Board of Supervisors reconvenes at 6:35 p.m.  Supervisor Pyle turns the meeting over to Fair Advisory Board President Dena Wemple.

 

Present:  Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Administrative Officer (CAO) John Ketelsen, County Counsel Craig Settlemire, County Clerk Theresa Nagel and Deputy County Clerk Susan Osgood. 

 

Fair Advisory Board members Rebecca Albaugh, Tim Bruce, Dan Douglas, Richard Wilburn, Mike Ratkey, Chair Dena Wemple, Henry Bietz and Jerry Hitchings; Fair Manager Jim Wolcott.  Jose Pena is absent.

 

Flag salute is held and the President Dena Wemple conducts the meeting. The Fair Advisory Board approves their agenda.

 

PUBLIC COMMENT

K. R. Butler Engineering, Inc. President Kevin Butler presents proposal for a site survey of the fairgrounds.  A master plan proposal would be for a

2-5-10-year plan and include existing structures and racetrack.  The initial phase site survey would cost $11,000 and would survey all existing buildings to scale, parking lots, storm drainage, with topographics and aerial view; would take approximately 4-6 weeks.  This would not include rodeo grounds design.

 

Discussion is held on services that could be provided by Butler Engineering and ideas for potential fairground use.  Mr. Butler states they have done similar work for rodeos and have also done racetracks.  They would bring their knowledge together with what the Advisory Board knows would work for this community.  If the Board decides to do work themselves, they would have the drawings to work with.

 

Phase 2 could be the RV park; Butler would do grade incline and utility plan for around $3,000 to $6,000.  A rodeo ground building could be from $10,000 to $15,000. 

 

Dena Wemple states that Mr. Butler's proposal will be on next month's agenda.

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