BOARD OF SUPERVISORS

 

                                                                           MARCH 14, 2006

 

                                        

The Lassen County Board of Supervisors convene in Regular Session at 9:05 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 9:07 a.m. for:

 

Conference with real property negotiator:  a)  Location - APN's 141-200-24 and 141-260-04;  b)  Negotiator - CAO John Ketelsen;  c)  Subject - Perpetual conservation easement.

 

Conference with Legal Counsel:  Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: Kesner Junior Liberal v. County of Lassen, et al, does 1-25; Case No. CB-00556-MCE-PAN - Discussion

 

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

 

Conference with Legal Counsel:  Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9(b)(3)(C):  Claim of Gifford dated February 10, 2006.

 

Conference with Legal Counsel:  Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9: (1 case)

 

Present in the Closed Session are Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer John Ketelsen, Public Works Director Larry Millar, Risk Manager Ron Vossler and County Clerk Theresa Nagel.  Larry Millar departs at 9:24 a.m.  Closed Session is recessed at 9:44 a.m.

 

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, March 14, 2006, at 9:51 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 Dahle.

 

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

The County Clerk announces the Closed Session dealt with:

 

Conference with Legal Counsel:  Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: Kesner Junior Liberal v. County of Lassen, et al, does 1-25; Case No. CB-00556-MCE-PAN - Discussion -  no reportable action taken.

                       

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

 

Conference with real property negotiator:  a)  Location - APN's 141-200-24 and 141-260-04;  b)  Negotiator - CAO John Ketelsen;  c)  Subject - Perpetual conservation easement - direction given to staff to schedule a public hearing and give notice of the hearing.

 

Conference with Legal Counsel:  Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9(b)(3)(C):  Claim of Gifford dated February 10, 2006 - motion by Supervisor Keefer, seconded by Supervisor Dahle and carried to reject the claim in its entirety and direct the Clerk to send notice of rejection.

 

Conference with Legal Counsel:  Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9: (1 case) - no reportable action taken.

 

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

Supervisor Chapman requests the meeting be adjourned in memory of Loren "Buzz" Luke and Evelyn "Evie" Strohmeyer; Supervisor Keefer requests adjournment in memory of Olive Pearl Cork.

 

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

 

PUBLIC COMMENT

1.         CDF Operations Chief Brad Lutts informs the board members that CDF Unit Chief Don Posten retired on March 1, 2006 and moved to Montana.  Recruitment has begun.  In the interim Mr. Lutts has been appointed as the Acting Unit Chief and expresses his desire to continue the valued working relationship with the County.  Board members congratulate Mr. Lutts and indicate their desire to adopt a proclamation for Don Posten at a future meeting.

2.         Poet Laureate Violet Stout reads a poem entitled "No Perfect Poem".

 

CONSENT CALENDAR

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

 

COUNTY CLERK ITEM

Approve Minutes of February 21, 2006 and February 28, 2006.

 

CHILD SUPPORT SERVICES ITEM

Adopt Resolution No. 06-013, authorizing a Petty Cash Fund in the amount of $200.00 for the immediate reimbursement of small office related purchases.

 

HEALTH & SOCIAL SERVICES ITEMS: 

FAMILY & CHILDREN PROTECTIVE SERVICES

Approve and authorize the CAO to sign an agreement with National Council on Crime and Delinquency for Development of Structured Assessment Tools for FY 2005/2006.

 

ADMINISTRATION DEPARTMENT

Approve and authorize CAO to sign an agreement with Olga Dennis for Spanish Translation Services for FY 2005/2006.

 

ALCOHOL AND OTHER DRUG DEPARTMENT

Approve and authorize the CAO to sign an agreement with Plumas County Public Health Agency HIV Prevention and Education for FY 2005/2006.

 

ENVIRONMENTAL HEALTH DEPARTMENT

Adopt Resolution No. 06-014, approving Environmental Health Local Enforcement Agency Grant Application (LEA 17) for FY 2006/2007.

 

PROBATION DEPARTMENT ITEM

Approve travel authorization request for Deana Maughan and Dennis Thomas to attend the mandatory Standards & Training for Corrections (STC) Core Training in Red Bluff, March 29, 2006 - April 21, 2006, at the estimated cost of $6,748.36.

 

PUBLIC WORKS DEPARTMENT - SURVEYOR DIVISION ITEM

Adopt Resolution No. 06-015, approving Parcel Map #2003-38, Fitzpatrick, and accepting the described easement as shown on the map.

 

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.         Technical Advisory Committee meeting amended agenda for March 8, 2006.

b.         Local Agency Formation Commission (LAFCO) of Lassen County meeting agenda for March 13, 2006.

 

MILFORD FIRE DISTRICT

It is moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to appoint Linda Brun to fill a vacancy on Milford Fire District Board.

 

ALCOHOL-DRUG ADVISORY BOARD

It is moved by Supervisor Chapman, seconded by Supervisor Hanson and carried to appoint Angela Baccelli and Jill Miller to fill vacancies on the Alcohol-Drug Advisory Board.

 

 

LASSEN COUNTY FISH & GAME COMMISSION

It is moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to appoint Leonard Griswold to fill a vacancy on the Lassen County Fish & Game Commission for District 4.

 

PSA 2 AREA AGENCY ON AGING

It is moved by Supervisor Chapman, seconded by Supervisor Keefer and carried to accept letter from Susanne M. Rossi resigning from the PSA 2 Advisory Board, and direct County Clerk to advertise vacancy.

 

PUBLIC HEARING  -  ABATEMENT, BARBARA MARTIN

The public hearing is opened at 10:05 a.m. to consider the administrative abatement and removal of the dilapidated, non-permitted double-wide mobile home, trash and debris on property owned by Barbara Martin.  The property is located at 436-020 Thelma Drive, Doyle, CA.  The abatement is being considered due to the owner's failure to secure the required permit to legally establish and repair the mobile home; and to remove the trash and debris littering the property.

 

The County Clerk administers the oath to Lewis Dean for testimony he may give before the Board of Supervisors.

 

Code Enforcement Officer Lewis Dean presents the staff report indicating the property has recently been abated and requesting reimbursement of administrative costs in the amount of $380.10.

 

The County Clerk administers the oath to Barbara Martin for testimony she may give before the Board of Supervisors.

 

Barbara Martin submits proof that the mobilehome was hauled away - not buried on the property.  No one else speaks and the hearing is closed at 10:08 a.m.

 

It is moved by Supervisor Hanson and seconded by Supervisor Dahle to direct that administrative costs of $380.10 be collected.

 

Following discussion with some board members not wanting to collect the administrative fee due to the owner's cooperation, the motion and second withdraw the motion.

 

It is moved by Supervisor Hanson, seconded by Supervisor Keefer and carried to waive the administrative costs and direct that reimburssement of the costs come from the Abatement Fund.

 

LOCAL REUSE AUTHORITY

(Convene as the Local Reuse Authority)

 

CAO Ketelsen states that County Counsel Craig Settlemire has tried to get some amendments to the Covenant of Restrictions for use of the "North East Shore Parcel" and "West Airfield Parcel" remainders but the Army is not budging.

 

Supervisor Hanson feels there is overriding political concerns for accepting the covenants and finalizing the transfer of property.  He also states the Army will remain responsible for any contamination on the property. 

 

It is moved by Supervisor Hanson to approve the transfer and authorize the signing of documents related to the transfer.  The motion dies for lack of a second.

 

Supervisor Chapman wants a report on the unfunded liability that would come with the property.  He feels there is a lot of potential for contamination clean-up.  He is not against acquiring the property, but there are some unanswered questions.  Supervisor Keefer is also very uncomfortable with accepting this dirty property and the fact that the Army has tied acceptance to the expansion of the airfield.  He feels the federal legislators need to be contacted.  Supervisor Hanson makes the observation that the Army remains responsible into perpetuity for clean-up.  Supervisor Chapman suggests to insure clean-up, if needed, that a performance type of fund from the Army be requested. 

No Further action is taken.  (Supervisor Hanson departs at 10:20 a.m.)

 

(Adjourn and reconvene as Board of Supervisors)

 

PUBLIC COMMENT - TITLE III REQUESTS FOR FUNDING

Assistant to the CAO Julie Morgan presents, for consideration, two requests for Title III Funding.

 

1.         Lassen County Fire Safe Council - request for fiscal year March 1, 2006 to February 28, 2007 funding, in the amount of $122,400.

2.         Lassen Land and Trails Trust - request for 2006 Children's Nature Camps funding, in the amount of $9,200.

 

She indicates if both requests are approved it will leave a balance of $6,630 in the Title III Fund.  It is expected the Superintendent of Schools will be requesting funds in September for the Eagle Lake Camp.  She provides information on how the Title III allocations will affect the PILT Funds - it will be a dollar for dollar decrease in 2008 PILT Funds up to $83,000.  Supervisor Hanson enters and CAO Ketelsen departs at 10:23 a.m.

 

Supervisor Dahle states we are looking at taking $83,000 from the general fund in 2008 in exchange for allocations from Title III Funds.  (CAO Ketelsen enters at 10:24 a.m.)  Allocations in one year impacts PILT funding in the following year.

 

Supervisor Keefer feels the highest consideration for these funds should be the Fire Safe Council and notes the Council has used funds to leverage much larger funding for projects.  Also schools programs such as the Eagle Lake Camp Program.

 

Julie Morgan states when the Superintendent of Schools presents a request in September there will be a need to transfer funds from Title II to Title III and this will create the dollar for dollar hit to PILT funds up to $83,000.

 

Fire Safe Council representative Tom Esgate notes that most counties provide financial support to their councils for administration costs.  The Council has lots of money to put programs on the ground, but no administrative funding.  He feels fire prevention and protecting the community needs to be a priority.

 

Supervisor Dahle will make a motion to fund both requests even though it will impact the general fund in 2008, but if funds are not re-authorized for schools/roads, next year he will not support Title III projects as the general fund cannot continue to take the hits.  He also points out the financial problems that local fire districts are experiencing.

 

It is moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to approve the Lassen County Fire Safe Council - request for fiscal year March 1, 2006 to February 28, 2007 funding, in the amount of $122,400.

 

Lassen Land and Trails Trust representative Jan Heid appreciates the expressed support of their request.  Supervisor Keefer states he will not be supporting the Nature Camps request.

 

It is moved by Supervisor Keefer to not fund the Nature Camps.  The motion dies for lack of a second.

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried on a roll call vote, with Supervisor Chapman abstaining, and Supervisor Keefer voting NO, to approve the Lassen Land and Trails Trust - request for 2006 Children's Nature Camps funding, in the amount of $9,200.

 

Recess 10:51 - 10:56 a.m.

 

PUBLIC HEARING -  ABATEMENT,  CUSTER, ET AL

The public hearing is opened at 10:56 a.m. to consider the administrative abatement and removal of nine non-operable and/or unlicensed vehicles, trash, and miscellaneous junk items on property owned by John Custer, Earla Vorpahl, Kathleen Cicchetti, Sharon Custer, Leeland E. Custer, Lewis Custer and Lloyd Custer.  The  property is located at 741-020 Herlong Access Road, Herlong (Assessor's Parcel Number: 139-100-18). The abatement is being considered due to the owners' failure to remove and properly dispose of non-operable and/or unlicensed vehicles, trash, and junk items.

 

The County Clerk administers the oath to Lewis Dean, Steve Fuller, John Custer and Kenni Roberts for testimony they may give before the Board of Supervisors.

 

Code Enforcement Officer Lewis Dean presents the staff report, asking for the abatement to be completed by May 14, 2006 and requesting payment of $480.84 in administrative costs.  The estimated cost for abating the property is $5-8,000.  Photos of the property are entered as evidence. 

John Custer has no dispute with what has been presented but asks for an additional month to accomplish the clean-up. 

 

No one speaks in favor of or in opposition to the abatement and the hearing is closed at 11:04 a.m.

 

Supervisor Hanson appreciates Mr. Custer's intent to clean-up the property, but advises Mr. Custer this is a more serious matter than the previous notices for clean-up that he has been sent.  Mr. Custer responds that he understands that. 

 

It is moved by Supervisor Hanson and seconded by Supervisor Dahle to adopt Resolution No. 06-012, directing staff to proceed with the abatement of nine non-operable and/or unlicensed vehicles, trash, and miscellaneous junk items with the recovery of abatement and administrative costs as provided in Chapter 1.18 of the Lassen County Code, changing the date to bring the property into full compliance to June 14, 2006.

 

Supervisor Chapman feels adding one month is warranted due to the wet weather.

 

The motion carries unanimously on a roll call vote.

 

NORTH CAL-NEVA RESOURCE CONSERVATION AND DEVELOPMENT AREA

Mark E. Steffek requests a letter of support for the Pitt River Watershed Alliance Funding Proposal to CalFed for a watershed plan and education component.  (CAO Ketelsen departs at 11:08 a.m.)  He would also like someone from the county to be involved in the watershed planning process.  (CAO Ketelsen returns at 11:10 a.m.)

 

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to approve and authorize the Chairman to sign a letter of support.

 

Supervisor Dahle states that he and Supervisor Hanson will be involved in the planning process, and Supervisor Chapman offers to be an alternate.

 

LASSEN COUNTY FAIR BOARD

(Convene as the Lassen County Fair Board)

 

It is moved by Supervisor Chapman, seconded by Supervisor Hanson and carried unanimously, on a roll call vote, to authorize increasing revenue and expenditure appropriations in Fund 183 Fairground Improvements as follows:

 

Revenue         183-1751-2012100 Sale of Fixed Assets $174,000

                        183-1751-2012200 Operating Transfer IN            126,000

                        Total                                                                            $300,000

                       

Expenditure 183-1751-3002300 Professional &