BOARD
OF SUPERVISORS
FEBRUARY
25, 2003
The
Lassen County Board of Supervisors convenes in Regular Session on Tuesday,
February 25, 2003, at 9:31 a.m.
Present: Supervisors Robert Pyle,
Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel John
Ketelsen, County Administrative Officer (CAO) Andy Whiteman and County Clerk
Theresa Nagel. Following the flag
salute, the invocation is offered by Supervisor Dahle.
ANNOUNCEMENT
OF ITEMS DISCUSSED IN CLOSED SESSION
Chairman
Chapman announces that no closed session was held.
AGENDA
APPROVAL, ADDITIONS AND/OR DELETIONS
Supervisor
Chapman requests that Item H-3, Wilderness Bill Resolution, be continued to the
March 11, 2003 meeting. It is moved by
Supervisor Keefer, seconded by Supervisor Hanson and carried to approve the
agenda with the noted deletion.
PUBLIC
COMMENT
Chairman
Chapman asks for public comment and no comments are received.
UNAGENDIZED
BOARD REPORTS
1. Supervisor Hanson reports the Economic
Development Council received a status report on the federal prison. It is 93% complete and $122 million has been
spent to date with a total of $125 million to be spent. They want to be a good neighbor and he
welcomes them to the community. He notes
they are mandated to purchase from small businesses. They also feel that most employees will
settle in Lassen County. It is scheduled
for completion in June with prisoners to be brought in six months later.
2. Supervisor Pyle is working to put together a
presentation on Highway 44 fencing for the March 18, 2003 meeting.
3. Supervisor Keefer notes there are plans being
put together for a local vendors fair so businesses can find out how they can
serve the federal prison.
4. Supervisor Keefer discusses the RAC meetings
held last Thursday and Friday at which 17 applications for funding were
presented and discussed. The RAC will
make their recommendations to the Forest Supervisor on March 14th and it is
expected the funding will be available fairly soon. He further discusses three proposals of
particular interest: the trout egg
collecting project at Eagle Lake is located on Forest Service land which makes
it a more viable project for funding; County noxious weed eradication funding
will probably go forward; a proposal from the Forest Service to remove culverts
on Champs Flat Road and replace them with rocked crossings will likely not
receive support. The Forest Service did
not coordinate with the County Road Department, and the Road Department is not
supportive of the proposal partly because it could pose a danger to motorists
on a relatively high speed dirt road.
5. Supervisor Keefer speaks about the proposal
to close lookouts due to the State budget crisis. The CDF is very concerned as this area of the
State suffers from many lightning caused fires and is sparsely populated with
poor cell phone service so lookouts are needed to spot and report fires
early. He will be drafting a letter for
placement on the next agenda to urge the Governor to retain lookouts. Supervisor Chapman also notes the State
prison fire crews are in danger of being eliminated due to budget cuts and he
would like this issue included in the letter.
6. Supervisor Dahle received information at last
weeks RCRC meeting on how local fire districts can bill for first responder
services and he will get this information out to the districts.
7. Supervisor Dahle met with Congressman
Doolittle last week and discussed Allen Camp Dam, bio-mass issues and Big Valley
Sustained Yield Unit.
8. Supervisor Dahle will leave on Thursday for
Washington, D.C. and will return on March 5th.
He will be meeting with representatives to discuss bio-mass open and
closed loop tax credit issues and housing and natural resource issues.
9. Supervisor Chapman reports the CSAC Executive
meeting focused on the Legislative Analyst Report as it relates to county
services. The State is expected to run
out of cash in April if a budget is not approved and will have to begin issuing
Revenue Anticipation Warrants (RAW). The
State is working hard to avoid this as it will be very costly.
10. Supervisor Chapman will be placing an item on
the next agenda to present a coordinated agency response to the lady living on
Miller Road who does not want any spraying of noxious weed chemicals near her
property due to her allergies. He notes
that CalTrans has faced this same issue in a couple of other counties and they
notify the specific person when such work will be done and the person has the
opportunity to vacate and relocate while the work is performed.
11. Supervisor Hanson will be meeting with Stan
Bayles regarding the removal of the railroad tracks between Wendel and Modoc
County and the desire to preserve the corridor for trail purposes.
HEALTH
AND HUMAN SERVICES - LASSEN WORKS DIVISION
Chris
Mahan presents information on the Independent Living Program (ILP) Computer
Training which they want to send 14 foster care students to. Three students express why this camp is
important to them - Jace Vinson, Trina Gerry and Chelsi Eggl.
It is
moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to approve
sending 14 Independent Living Program (ILP) students to computer skills
training.
CONSENT
CALENDAR
It is
moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to take
the noted action on the following Consent Calendar items:
COUNTY
CLERK ITEM
Approve
minutes of February 11, 2003, and February 18, 2003.
ADMINISTRATIVE
SERVICES - PERSONNEL ITEM
Receive
and file Personnel Movement report for January, 2003.
COMMUNITY
DEVELOPMENT DEPARTMENT - PLANNING DIVISION ITEMS
Receive
report from Planning Commission - File Number 704.35 - Report on Conformity
with the General Plan per Government Code § 65402: The disposal of surplus County-owned property
consisting of a home and garage on 1.66 acres to the private sector. Located at 463-960 Raines Road, Janesville.
Receive
report from Planning Commission - File Number 704.36 - Report on General Plan Conformity
per Government Code § 65402: Land
Acquisition of 10.76 acres currently owned by the City of Susanville, for
development of a county community park.
Located at the southwest corner of Diane Drive and Highway 395,
Johnstonville, APN 116-180-08.
OFFICE
OF EMERGENCY SERVICES ITEM
Ratify
continuation of Declaration of State of Disaster / Drought Emergency in Lassen
County for 2002.
PROBATION
DEPARTMENT - JUVENILE HALL ITEM
Approve
travel authorization request for Jennie Hoffman and Sarah Kingstrom to attend
Standard in Training for Corrections (STC) mandated Juvenile Correction Officer
Core Course in Oroville, March 13 to April 4, 2003, at the estimated cost of
$4,688.
COUNTY
CLERK - PROPOSITION 65 REPORT ITEM
Receive
and file report #03-01, filed by Silas Bollinger, Lassen County Sheriff's
Department on February 20, 2003 - NOTIFICATION OF HAZARDOUS MATERIALS
RELEASE: On February 14, 2003, received
notification of a petroleum spill of approximately ninety gallons of fuel oil
from a heating oil tank in a trailer park located at 2965 Johnstonville Road,
Space #23. Owner arranged for a
contractor to clean up the spill and Public Health would monitor.
MISCELLANEOUS
CORRESPONDENCE ITEMS
Receive
and file the following correspondence:
a. Technical Advisory Committee special meeting
agenda for February 19, 2003.
b. Alcohol and Drug Advisory Board agenda for
February 27, 2003, and minutes of January 30, 2003.
HEALTH
AND HUMAN SERVICES - LASSEN WORKS DIVISION
It is
moved by Supervisor Dahle, seconded by Supervisor Keefer and carried
unanimously, on a roll call vote, to approve budget increase of $64,000 (budget
line item 120-0851-3006200) by transfer of incentive funds; and approve the
purchase of three seven-passenger vans at an approximate cost of $64,000.
PUBLIC
WORKS DEPARTMENT - ROAD DIVISION
Public
Works Director Larry Millar is present to provide a status report on traffic
studies for county roads. The California
Vehicle Code governs speed limits on roadways within California. Local authorities may determine and declare a
speed limit other than the basic speed limit by law (55 MPH) by completing a
traffic study (engineering and traffic survey).
These surveys include several requirements deemed necessary by CalTrans
and the Vehicle Code in order to warrant the change in the basic speed
limit. In addition, to be enforceable by
radar a survey must be completed within the last five (5) years which justifies
the reduced speed limit. He reviews a
report detailing what is required within these studies and how the department
proposes to complete the work. He notes
that speed limits may not necessarily be lowered as a result of a traffic study
and in fact could increase if the results show the prevailing speeds (at the
85th percentile) are higher than the
marked limit. Studies have shown that
limits set more than 5 MPH below the 85th percentile speed has proven to result
in an increase in accident rates. The
department has purchased some traffic counters and a radar gun and has hired an
Engineering Technician which will now put them in the position to complete
studies. Center Road will be the first
study completed with the submittal of a report to CalTrans later in the summer.
Supervisor
Keefer asks that three roads in the Janesville area be studied when time
allows. (County Counsel John Ketelsen departs at 10:26 a.m.)
BOARD
OF SUPERVISORS
Chairman
Chapman passes the gavel to the Vice-Chairman Hanson, due to a conflict of
interest, and departs the room.
Trust
Lands:
CAO Whiteman
presents a staff report on the deadline to submit responses to the Bureau of
Indian Affairs relating to the application for placement of certain lands north
of Susanville in trust for the Susanville Indian Rancheria. (County Counsel John Ketelsen returns at
10:28 a.m.)
Community
Development Director Robert Sorvaag reads proposed changes to a section of the
draft letter of response to Bureau of Indian Affairs (BIA) expressing
opposition to placement of certain lands north of Susanville in trust for the
Susanville Indian Rancheria.
Tribal
Chair Valerie Edwards presents a letter from the BIA indicating that a sixty
day extension to the comment period would be honored if the County requests
it. (Supervisor Chapman re-enters the
room at 10:35 a.m. and departs at 10:38 a.m.)
She asks the board members to table this matter and work with the Tribe
before sending their comment letter. She
states they want to have a working relationship with the County and notes this
type of relationship does not exist between the Tribe and the City of
Susanville. She feels the draft letter
has been put together based on a lot of rumors rather than facts.
Supervisor
Dahle has no problem with continuing this item as long as an extension can be
obtained. He would like to have a study
session held.
Tribal
Secretary/Treasurer Carolyn Shelley states she spoke with CAO Whiteman
yesterday and it was made clear to her that action had to be taken today and
the board members were firm in their decision to oppose the placement of lands
in trust.
Supervisor
Pyle states the board members have not made a decision and he does not want to
be criticized for making a decision that has not yet been made. He also states the board members make the
decisions not staff.
Supervisor
Dahle states the board members want to make decisions based on facts and he
wants to be sure the facts are known.
CAO
Whiteman feels the City and County staff need to meet jointly with
representatives of the Indian Rancheria to set forth the issues prior to
holding a study session.
Tribal
member Allen Lowry thanks the Board for delaying action and states they want to
work with County staff.
Vice-Chairman
Hanson directs the CAO to request an extension to the comment period
immediately, to set up a meeting between staff from the City and County and
Indian Rancheria representatives, and to arrange a time for a study session.
Supervisor
Chapman returns and resumes the chairmanship.
PUBLIC
HEARING - LASSEN COUNTY HOUSING AUTHORITY
The
Board of Supervisors recess and convene as the Lassen County Housing Authority
Board of Commissioners.
The
public hearing is opened at 10:51 a.m. to solicit comments on the Public
Housing Agency Plan: Annual Plan for
Fiscal year 2003.
Community
Development Director Robert Sorvaag and Housing Coordinator Linda Armstrong
present the staff report. No one speaks
in favor of or in opposition to the plan and the hearing is closed at 10:58
a.m.
It is
moved by Commissioner Pyle, seconded by Commissioner Hanson and carried to
adopt Resolution No. PHA 03-04, approving submission of the Annual Plan and
related Certifications to the US Department of Housing and Urban Development.
The
Lassen County Housing Authority Board of Commissioners adjourn and the Board of
Supervisors reconvene.
LASSEN
COUNTY ARTS COUNCIL
Arts
Council Executive Director Colleen Thorn thanks the board members for past
support and provides information on the extreme financial cuts they have
suffered and the expectation it will get worse. They are working hard to build their volunteer
base and hope the California Arts Council can survive this year's budget
crisis. She reviews the many programs
the Arts Council provides for the community, and upcoming events. They have also implemented advisory
committees to prepare for the future, regardless of what happens.
It is
moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to adopt
Resolution No. 03-015, approving participation in the 2003-2004 State/Local
Partnership Program and the local priorities of the California Arts Council,
and authorizing execution of grant contracts with the California Arts Council.
BOARD
OF SUPERVISORS
It is
moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to adopt a
Proclamation honoring Casey Ardrey as the State Winner in the 2002/2003
"Imagine this ... Story Writing Contest", a program of the California
Foundation for Agriculture in the Classroom.
Supervisor
Hanson reads and presents the proclamation plaque to Casey Ardrey.
Supervisor
Chapman presents another plaque to Casey's teacher Dean Weaver to be displayed
at the school.
COUNTY
ADMINISTRATIVE OFFICE
Ambulance
Ordinance:
It is
moved by Supervisor Pyle, seconded by Supervisor Dahle and carried unanimously,
on a roll call vote, to adopt, by title only, Ordinance No. 554 adding Chapter
11.15 to Title 11 of the Lassen County Code, relating to the conditions under
which ambulance services will be provided in the County of Lassen.
Cable
Franchise:
CAO
Whiteman presents information on a franchise renewal for Adelphia Cable and
indicates the first decision for the board members is the term and rate for the
agreement. The two alternatives
are: twenty (20) years with an option
for an additional five (5) years, which is consistent with the terms of the
City of Susanville Franchise; and ten (10) years with an option of an
additional five (5) years. The twenty year version would have the company
paying a franchise of 3% of gross revenue, increasing to 5% of gross revenue
over the life of the agreement (increase begins in 2007). The ten year version would have a 3%
franchise fee over the life of the agreement.
Supervisor
Keefer discusses some problems that occurred when cable was put in place along
Pine Street in Janesville and the ground was not properly compacted. The County had to incur costs to fix the
road. He suggests there may be a need to
require a performance bond in the future.
Adelphia
General Manager Barbara Cox responds she was aware of the problem and that the
contractors came back to make repairs and she thought everything had been taken
care of. She states they will be happy
to address this problem and had no problem with the requirement for performance
bonds.
Supervisor
Chapman feels that for consistency the County franchise should be the same as
the City. If not, residents in the
County and City will be paying different amounts for the same services.
County
Counsel John Ketelsen would like the board members to make a determination on
the term and rate of the agreement and he will make the appropriate changes to
the ordinance to also address performance bonds and some other items that need
to be fixed.
It is
moved by Supervisor Keefer seconded by Supervisor Pyle and carried on a roll
call vote, with Supervisor Dahle voting NO, to approve a term and rate schedule
of twenty (20) years with an option for an additional five (5) years at a rate
of 3% of gross revenue, increasing to 5% of gross revenue over the life of the
agreement (increase begins in 2007) for Adelphia Cable.
Budget
Update:
CAO
Whiteman reports the main topic of discussion at the Northern CAO's meeting
related to what State employees will be paid if no budget is in place on July
1st. The Jarvis Foundation is taking the
stance they should be paid minimum wage and a Supreme Court decision should be
made in ninety days. He states the CAO's
are also worried about the costs of health insurance, workman's comp and
pension costs.
CORRESPONDENCE
1. A letter from Lassen County 2002/2003 Grand
Jury Foreman Tony Esparza asking all Supervisors to attend the Grand Jury
meeting of March 4, 2003, is received.
Chairman
Chapman asks the Clerk to look at board meeting dates in March to determine an
afternoon the board members could meet with the Grand Jury. The Chairman of the Grand Jury will be
contacting the Clerk for dates.
ADJOURNMENT
There
being no further business, the meeting is adjourned at 11:40 a.m.
__________________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
_______________________________________
THERESA
NAGEL, CLERK OF THE BOARD