BOARD
OF SUPERVISORS
The Lassen County
Board of Supervisors convene in Regular Session at
Conference with
Legal Counsel: Significant exposure to
litigation pursuant to Subdivision (b) of Government Code section
54956.9(b)(3)(C): Claim of Greene dated
February 14, 2006; Claim of Hernandez dated March 6, 2006; Claim of Centeno
dated March 13, 2006.
As LRA:
Conference with real property negotiator:
a) Location - Sierra Army Depot
"North East Shore Parcel" remainder;
b) Negotiator - LRA Operations Manager Robert Sorvaag; 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 - LRA Operations
Manager Robert Sorvaag; c) Subject - price and terms of transfer from
LRA to Scenic Mountain Development.
Present in the
Closed Session are Supervisors Robert Pyle,
The Lassen County
Board of Supervisors reconvenes in Regular Session on
ANNOUNCEMENT OF
ITEMS DISCUSSED IN CLOSED SESSION
The
Conference with
Legal Counsel: Significant exposure to
litigation pursuant to Subdivision (b) of Government Code section
54956.9(b)(3)(C): Claim of Greene dated
February 14, 2006; Claim of Hernandez dated March 6, 2006; Claim of Centeno
dated March 13, 2006 - it is moved by Supervisor Dahle, seconded by Supervisor
Hanson and carried, with Supervisor Chapman absent, to reject all claims and
direct the Clerk to send notice of rejection.
As LRA:
Conference with real property negotiator:
a) Location - Sierra Army Depot
"North East Shore Parcel" remainder;
b) Negotiator - LRA Operations Manager Robert Sorvaag; 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 - LRA Operations
Manager Robert Sorvaag; c) Subject - price and terms of transfer from
LRA to Scenic Mountain Development - it is moved by Supervisor Hanson, seconded
by Supervisor Dahle and carried, with Supervisor Chapman voting NO, to: "1)
Direct staff to prepare a "final form" Disposition and
Development Agreement (DDA) consistent with the staff's recommendations in the
table of differences and submit it to Scenic Mountain Development (SMD) for
execution and return along with the deposit within 10 business days. 2) Authorize execution by the Commission upon
timely receipt and approval by the Commission's Executive Director of the
following on or before June 1, 2006: a) an infrastructure financing plan; b) a development financing plan for all phases; c) a
time schedule for each phase that includes the dates for submission of final
plans, evidence of financing, bonds, insurance, and the construction contract; d) a
fire protection plan; and e) copies of
contracts between SMD and its architect, planner, financial consultant,
engineer and construction manager.
3) In the event SMD does not
timely return the signed DDA by June 1, 2006 and fulfill the conditions to the Commission's
signing the DDA, direct staff to give notice of termination of negotiations."
AGENDA APPROVAL,
ADDITIONS AND/OR DELETIONS
It is moved by
Supervisor Keefer, seconded by Supervisor Hanson and carried to approve the
agenda as posted.
PUBLIC COMMENT
1. Nick Ceaglio provides an update on
2. Eileen Spencer reads a letter regarding
animal control with suggestions and an offer of donations of money, time and
people to help.
Supervisor
Chapman feels there are some good suggestions and requests the CAO place this
matter on a future agenda.
3. Poet Laureate Violet Stout notes that
PUBLIC HEARING -
DEOCA/MILLER REZONE
The public
hearing is opened at 10:24 a.m. and continued until April 18, 2006, to consider
General Plan Amendment #765.01.16 Rezone and Parcel Map applications #2005-122,
DeOca/Miller, to change the land use designation on the proposed residential
parcels from Resort to Rural Residential; rezone the property from R-S (Resort)
to A-2-B-20 (Agricultural Residential, Building Site Combining District with a
20 acre average parcel size); and divide the 149 acre parcel into a 30 acre
parcel, a 22 acre parcel, two 15 acre parcels, and a 60 acre remainder. The 60 acre remainder is not included in the
General Plan Amendment or rezoning, and would continue to be used as an RV
park. The project site is located at
CONSENT CALENDAR
Personnel
Director Ron Vossler requests that Item G-3, prosecutorial services contract,
be removed for separate consideration.
Supervisor Chapman requests that Item G-6, Independent Living Skills
Agreement, also be removed for separate consideration.
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
ELECTIONS
DIVISION ITEM
Approve and
authorize Chairman to sign a letter of support for Assembly Bill 2627 (Koretz)
Political Reform Act of 1974.
DISTRICT ATTORNEY
ITEM
Adopt Resolution
No. 06-019, approving the undertaking of the Lassen County District Attorney's
Victim/Witness Assistance Program to be funded from funds available through the
State of
HEALTH &
SOCIAL SERVICES ITEM
Approve and
authorize the CAO to execute an agreement with Lassen Family Services for Child
Abuse Prevention Intervention and Treatment (CAPIT) and Community Based Child
Abuse Prevention (CBCAP) Programs for FY 2005/2006.
OFFICE OF
EMERGENCY SERVICES ITEM
Ratify
continuation of a Declaration of State of Disaster - Flood/Emergency in
MISCELLANEOUS CORRESPONDENCE
ITEMS
Receive and file
the following correspondence:
a. Lassen County Alcohol and Drug Advisory
Board meeting agenda for
b. Application for Alcoholic Beverage License -
Anthony's Mountain Market,
c. Lassen County Fair Advisory Board and Lassen
County Board of Supervisors Joint Meeting agenda minutes for
d. Susanville City Council regular adjourned
meeting agendas for
DISTRICT ATTORNEY
Risk Manager Ron
Vossler recommends approving the contract for prosecutorial services with Dan
A. Howe but with Item #9 removed and return to the signatories for
approval. Item #9 reads: "County agrees to indemnify and defend
Contractor against any claim, suit or cause of action lodged by a third party
arising out of the duties undertaken by Contractor under the terms of this
Agreement". He notes the county
insurance would not cover the county if Mr. Howe were sued and also notes this
is a portal to portal provision, meaning if Mr. Howe were in an accident
traveling to the prison and was sued this indemnification would apply.
It is moved by
Supervisor Chapman, seconded by Supervisor Hanson and carried to approve, and
authorize the District Attorney to formally sign, a contract for prosecutorial
services with Dan A. Howe as the Special
Prosecutor for the District Attorney's Prison Prosecution Program, for period
of
HEALTH &
SOCIAL SERVICES
Supervisor
Chapman points out a correction needed to the agreement with
He also wants to
know what the college will collect in
It is moved by
Supervisor Chapman, seconded by Supervisor Dahle and carried to approve and
authorize the CAO to sign an agreement with
QUINCY LIBRARY
GROUP FORESTER
QLG Forester
It is moved by
Supervisor Dahle, seconded by Supervisor Keefer and carried to approve, and
authorize the Chairman to sign, Amendment #2 to the Joint Powers Agreement for
"Counties QLG /Forester" extending existing JPA through December 31,
2009.
Board members
express their appreciation of the great work that Mr. Stewart is doing. Supervisor Dahle notes Lassen and Plumas
Counties are way ahead of the rest of the State in doing things for the
environment and credits much of that to Mr. Stewart's efforts.
PUBLIC HEARING -
PLANNING DIVISION
The public
hearing is opened at
Community
Development Director Robert Sorvaag presents the staff report and introduces
Consultant Bob Vince. He also notes that some members of the working group are
present today.
Consultant Bob
Vince of Brown and
No one speaks in
favor of or in opposition to the resolution and the hearing is closed at
It is moved by
Supervisor Chapman and seconded by Supervisor Dahle to adopt Resolution No.
06-018, Intent to prepare a Groundwater Management Plan pursuant to State Water
Code Section 10750 et seq., and the Local Groundwater Management Assistance
Act.
Supervisor
Chapman wants staff to understand he wants to see something specific and
meaningful come from the study - not just another report sitting on the
shelf. Supervisor Dahle wants everyone
to understand this is currently voluntary, but at sometime, if we do not have
enough water to go around it may no longer be voluntary.
The motion
carries unanimously on a roll call vote.
Recess
Supervisor Keefer
states there are representatives present from the Janesville Town Council and
the Honey Lake Valley Riders (HLVR) to discuss plans for relocating the Main
Equestrian Arena at
Janesville Town
Council Representative Bob Semon uses a diagram of the park to show the current
layout of the park and the suggestion for moving the arena. Supervisor Chapman enters at
Supervisor Keefer
states there have been further negotiations since his last report to the Board,
but there are some conditions submitted by HLVR that he was not comfortable
with and that is why he brought this to the Board. He reviews background information on the
development of the arena and correspondence (
On behalf of HLVR
Russ Collier thanks Supervisor Keefer and the Board of Supervisors for the
expansion of Janesville Park and states HLVR has voted, in the best interest of
all, that the arena be moved to the six acres on the west side of the park. He states everyone needs to work together and
most importantly communicate with each other.
Lack of communication was the biggest problem. States the HLVR has been working in good
faith with the community since 1993. He
asks that HLVR be allowed to remain the "good stewards" of the park
as in the past years.
Chris Geffre,
representing HLVR, points out the letter from The Hayburners Society actually
states "Hayburner Society feel that we should not try to influence the
Board regarding the location of the arenas.
However, if it is deemed in the best interest of a multi-use park to
move the arenas, we will support that decision through volunteer
effort." She notes the big problem
has been miscommunication and hopefully all of the arguing is over. She provides information on the discussions,
disagreements and negotiations that have taken place, and presents the actual
MOU from HLVR that is a little different than the Draft MOU contained in the
Board packet. The Draft MOU was faxed to
Supervisor Keefer by Cameron Adams as a courtesy prior to their meeting last
Wednesday. She states that HLVR would
really like the Board of Supervisor's blessing to continue doing what they have
been doing and the County's help in moving the arena.
Supervisor Keefer
feels we are close to an agreement - seems HLVR is agreeing in concept on
moving the arena and the details will need to be worked out.
Supervisor
Chapman feels the following needs to be part of the record - it is distressing
to see the failure of county government to live up to their agreements -
agreements made one year are not lived up to in following years. He talks about HLVR's participation in the
development of the North Arena at the Fairgrounds with an agreement in the
1970's for HLVR to use it. In the mid
1980's the agreement disappeared and HLVR's only choice was to find a new place
to go. They located
Supervisor Keefer
notes neighbors have been contacted and have no problem with the placement of
the arena. He states the current
agreement will stay in place until a new agreement is reached.
It is moved by
Supervisor Keefer and seconded by Supervisor Dahle to approve relocation of the
Main Equestrian Arena at Janesville Park to the recently acquired six acres on
the West side of the Park. This
relocation would coincide with the completion of the baseball/soccer field
within one to two years.
Chris Geffre asks
why a new agreement is needed - states the only change that HLVR has requested
is a designated amount of time for notification of termination of the operating
agreement. The agreement she spoke of
earlier is an agreement on moving the arena.
Supervisor
Chapman wants it made clear the intent of the Board is to only modify the
Operating Agreement by including a 1 - 5 year notification prior to terminating
the agreement; and that an arena relocation agreement be finalized and brought
back to the Board; also that a master plan be developed for Janesville Park.
The motion
carries unanimously on a roll call vote.
PUBLIC WORKS
DEPARTMENT
Public Works
Director Larry Millar presents a request from Scott Humphrey to remove Milford
Old Highway Road from the County Maintained Road System.
Supervisor Keefer
discusses the Humphrey's desire to have the road removed and also the desire of
certain people to keep the road in the maintained system.
Karen Humphrey
talks of excessive speed, dust, dumping of large quantities of beer cans, drug
deals, spotlighting deer and shooting being the reason they desire to close the
road or have limited access. Supervisor
Chapman enters at
Supervisor Dahle
points out drawbacks of removing the road from the County Maintained
System.
Scott Humphrey
states the County only grades the road three or four times a year and he is
willing to maintain the road and also states he has to keep it open for use on
the ranch. Supervisor Keefer has a
concern because the ranch is for sale and he questions what a future owner
would want.
Larry Millar
states this is a road that does not meet the criteria for being removed from
the County Maintained System.
Supervisor Dahle
feels if the process is begun the Board will hear from folks how they feel
about the removal.
It is moved by
Supervisor Keefer, seconded by Supervisor Dahle and carried to authorize the
Road Department to begin proceedings for the removal of Milford Old Highway
Road, County Road 326, from the County Maintained Road System.
LOCAL REUSE
AUTHORITY
(Convene as the
Local Reuse Authority)
1. The owner will not be responsible in
changes of the surface of the property as a result of erosion by wind or water,
earthquake, animals or other natural causes.
2. The owner will not be required to fence
the property as a part of compliance with the Covenant. Instead, if use of the property changes (such
as frequent digging activity by trespassers) DTSC will revisit the adequacy of
the remedy under CERCLA and look to require the Army to more thoroughly clean
up the property.
3. In a
The Army
maintains the property was adequately cleaned but since the DTSC is not 100%
certain of that, the Covenant must remain in place.
Supervisor Keefer
asks if this property is any different than other properties already
accepted. Assistant Community
Development Director Bertotti responds the other properties did not have
remnant munitions.
Supervisor
Chapman points out the heavy concentration of remnant munitions that were found
during the process of clearing the property to a one foot depth and also notes
the property is in the airfield clear zone.
For these reasons he would not expect any use of the property. His concern is not about the land, but it is
about the regulatory power of the DTSC.
It is moved by
Supervisor Hanson, seconded by Supervisor Chapman and carried to authorize
acceptance of transfer pursuant to BRAC of approximately 135 acres consisting
of the remainders of the North East Shore and West Airfield parcels at Sierra
Army Depot conditioned upon the understanding that:
1. The owner will not be responsible in
changes of the surface of the property as a result of erosion by wind or water,
earthquake, animals or other natural causes.
2. The owner will not be required to fence
the property as a part of compliance with the Covenant. Instead, if use of the property changes (such
as frequent digging activity by trespassers) DTSC will revisit the adequacy of
the remedy under CERCLA and look to require the Army to more thoroughly clean
up the property.
3. A modification of the Deed will clarify
there is no waiver of the Army's duty to indemnify under the 1997 Defense
Appropriations Act.
(Adjourn and
reconvene as Board of Supervisors)
COMMUNITY
DEVELOPMENT DEPARTMENT - BUILDING DIVISION
It is moved by
Supervisor Dahle, seconded by Supervisor Hanson and carried to designate the
Goodrich House as surplus property.
It is moved by
Supervisor Hanson, seconded by Supervisor Chapman and carried to adopt
Resolution No. 06-020, placing the structure known as the
HEALTH &
SOCIAL SERVICES
It is moved by
Supervisor Keefer, seconded by Supervisor Hanson and carried unanimously, on a
roll call vote, to authorize increase in the 2005/2006 budget revenues and
appropriation for Welfare Administration of $168,452.
The following
increases are requested to Revenue:
Welfare
Administration Federal Public Assistance Administration - $53,279; State Public Assistance Administration -
$98,863; Social Services Realignment Sales Tax - $16,310.
The following
increases are requested to Appropriation:
Social Services
Administration Equipment 120-0852-3006200 - $59,720 (Vehicle Purchases); Protective Services Office Expense
120-0853-3002200 - $3,750; Protective
Services Professional and Specialized Services 120-0853-3002300 - $66,982;
Protective Services Transportation and Travel 120-0853-3002900 - $10,000;
Protective Services Conferences and Training 120-0853-3002901 - $28,000.
PUBLIC WORKS
DEPARTMENT
Rail Banking:
It is moved by
Supervisor Chapman, seconded by Supervisor Hanson and carried to adopt
Resolution No. 06-021, authorizing the County Administrative Officer to submit
an application or applications to the Surface Transportation Board to rail bank
the Susanville, CA to
CORRESPONDENCE
1. A report from U. S. Department of the
Interior Fish and Wildlife Service Acting Field Supervisor stating the Vernal
Pool Ecosystems Recovery Plan has been completed, is received and filed.
2. A letter from Lassen Sportsmens Club
inviting the County to co-sponsor the 17th Annual Junior Fishing Derby on
It is moved by
Supervisor Dahle and seconded by Supervisor Keefer to approve extending county
insurance coverage for the Annual Junior Fishing Derby, and direct that a
letter of support be sent to the Lassen Sportsmens Club.
Risk Manager Ron
Vossler expresses his concern over extending the insurance when we have no
control over the event. Supervisor
Chapman states that he is a member of the Sportsmens Club and is involved in
the event. Mr. Vossler wants the board
members to understand that special event insurance coverage could be obtained
for $1000-$2000.
The motion
carries.
RAILROAD
CORRIDORS
It is moved by
Supervisor Hanson, seconded by Supervisor Chapman and carried to approve, and
authorize the Chairman to sign, letters requesting help from Congressman Doolittle
and Senator Feinstein in securing funding to preserve the Wendel-Alturas
segment of the Modoc rail corridor.
It is moved by
Supervisor Hanson, seconded by Supervisor Keefer and carried to approve, and
authorize the Chairman to sign, letters requesting help from Congressman
Doolittle and Senator Feinstein in securing funding to preserve the
Flanigan-Wendel segment of the Union Pacific Railroad.
HERLONG FIRE
PROTECTION
It is moved by
Supervisor Hanson, seconded by Supervisor Keefer and carried to approve, and
authorize the Chairman to sign, a letter of support for Sierra Army Depot to
continue fire response service for West Patton Village Community Service
District until annexation is complete.