BOARD OF SUPERVISORS

 

                                                                            APRIL 11, 2005

 

                                        

The Lassen County Board of Supervisors convene in Regular Session at 9:09 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 9:10 a.m. for:   

 

Conference with Legal Counsel:  Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: Case Number CPF 06-506171 Joseph Holder, et al. v Bruce McPherson, as California Secretary of State, et al.

 

Conference with Legal Counsel:  Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9:  Claim of Brown dated March 22, 2006.

 

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, Senior Deputy County Counsel Traci Witry and County Clerk Theresa Nagel.  Closed Session is recessed at 9:29 a.m.

 

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, April 11, 2005, at 9:35 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 Keefer.

 

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: Case Number CPF 06-506171 Joseph Holder, et al. v Bruce McPherson, as California Secretary of State, et al - no reportable action taken.

 

Conference with Legal Counsel:  Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9:  Claim of Brown dated March 22, 2006 - motion by Supervisor Keefer, seconded by Supervisor Hanson and carried to reject the claim it its entirety and direct County Clerk to send notice of rejection.

 

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

CAO Ketelsen announces the following items need to be removed from the agenda:  D-4, annual audit presentation; and K-1, property transfer to Herlong Utilities, Inc.

 

Requests for adjournment:  Supervisor Dahle - in memory of Alice Smith; and Supervisor Chapman - in memory of Dorothy Givens and Cal Newton.

 

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

 

PUBLIC COMMENT

Poet Laureate Violet Stout reads a poem entitled "The Death of A.J." for a little boy killed at Pyramid Lake by a drunk driver.

 

UNAGENDIZED BOARD REPORTS

1.         Supervisor Dahle reports on the RCRC Executive meeting; announces the Big Valley Resource Center will be obtaining non-profit status the first of May and will no longer be a part of COMPAC; announces the Big Valley Resource Center Farm Auction will be held April 29th with lots of good items; designates the following allocations from his discretionary funds: $200 to the Ladies Pioneer Club, and $1000 to the Big Valley Recreation District for the Free Friday Swim Program.

2.         Supervisor Hanson reports on a meeting with Sierra Army Depot personnel relating to off-base emergency services and airfield extension; reports on a PSA II conference call; announces he met with the Honey Lake Conservation Team.

3.         Supervisor Chapman states the highlight of last week was the celebration in the County Clerk's Office for Emma Freeman's 80th Birthday.

4.         Supervisor Keefer reports on discussions with State Prison representatives regarding delinquency of solid waste fees and states the issue has been resolved; reports on the National Forest Counties/Schools Coalition Conference in Reno - nothing definite to report on the funding matter, will probably be some but it is not known how much; discusses the new deadlines for the Board to determine the Title II and III allocations; announces that Plumas County wants a quad-county meeting the end of May; reports on CSAC Legislative Conference and meetings he and Supervisor Pyle attended with Assemblyman Keene and Senator Cox; discusses the need to update Lassen County's exhibit at the State Capitol and provides some ideas; reports the West Patton Village CSD annexation was approved by LAFCO.

5.         Supervisor Pyle reports on the CSAC meeting and wants an item on the next agenda to support AB 1508, to add a new provision to current seed law that state regulations prevail over local legislative attempts to regulate any activities relating to agriculture and vegetable seeds; distributes handouts on "Fast Facts about the California Economy", "Abstract California Water Plan Update", "State Groundwater Regulation Bill", and "Draft Onsite Wastewater Treatment Systems"; wants an update from Doug Ames on the Wastewater Treatment System draft regulations; wants to know why the delay in getting the Williamson Act revisions back before the Board (already a month late); discusses possibility of a permanent backfill for the Department of Water Resources Budget in relation to the Watermaster Program.

 

PROCLAMATION

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to adopt Proclamation honoring the Westwood Basketball program and their team success this year and in recent years.

 

Chairman Pyle reads and presents the proclamation to Coach Bryant and the team members present at the meeting.

 

PUBLIC WORKS DEPARTMENT

Deputy Director Buildings/Grounds Peter Heimbigner provides information on the request for a permit for Educational Public Exhibition Purposes on County Property for Susanville Ranch Park.

 

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to approve Permit for Educational Public Exhibition Purposes on County Property for Civil War re-enactment event at Susanville Ranch Park, May 11-15, 2006.

 

PSA 2 AREA AGENCY ON AGING

It is moved by Supervisor Chapman, seconded by Supervisor Hanson and carried to appoint Arlene Friend to fill a vacancy on the PSA 2 Area Agency on Aging.

 

ALCOHOL & DRUG ADVISORY BOARD

It is moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to accept letters from Zachary Fleetwood and Steven L. Miller resigning from the Alcohol & Drug Advisory Board.

 

CONSENT CALENDAR

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

 

COUNTY CLERK ITEM

Approve Minutes of March 28, 2006.

 

PROPOSITION 65 REPORT

Receive and file report #06-01, filed by Lassen County OES Chief Chester Jackson on April 4, 2006 - On March 31, 2006 Lassen County Emergency Services Chief Chester Jackson received notification from UPS of a small sodium hypochlorite spill at the terminal located at 471-900 Johnstonville Road.  The spill is not a threat to the environment.  Universal Environmental Clean will do cleanup.

 

BOARD OF SUPERVISORS ITEM

Adopt Proclamation honoring Lassen Modoc CDF Ranger Unit Chief and Lassen County Fire Warden Don Posten on his retirement.

 

HEALTH & SOCIAL SERVICES ITEM - ALCOHOL AND OTHER DRUG DIVISION ITEM

Approve and authorize the CAO to sign, Agreement with Dr. Neva Chauppette for Methamphetamine, Psychiatric Disorders, and Relapse Prevention Training Services.

 

PUBLIC WORKS DEPARTMENT - ROAD DIVISION ITEMS

Authorize the Chairman to sign the Federal Apportionment Exchange Program and State Match Program, Agreement No. X06-5907(046) with the California Department of Transportation (CalTrans).

 

Award bid to Lassen Floors, Susanville, the lowest bidder meeting specifications, in the amount of $14,435.04 for the installation of flooring in the Doyle Community Building.

 

Award bid to Cashman Equipment, Sparks, NV, the lowest bidder meeting specifications, in the amount of $78,473.75, for the purchase of one (1) new All-Wheel Drive Backhoe.

 

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 Land Conservation Committee meeting agenda for March 27, 2006.

b.         Lassen County In-Home Supportive Services Advisory Board meeting agenda for April 5, 2006, and unapproved minutes of March 1, 2006.

c.         Susanville City Council meeting agenda for April 5, 2006.

d.         Local Agency Formation Commission (LAFCO) of Lassen County meeting agenda for April 10, 2006.

e.         Lassen County Technical Advisory Committee meeting agenda for April 12, 2006.

           

BOARD OF SUPERVISORS - FISHING DERBY

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to designate Jim Chapman as the Board representative for the Junior Fishing Derby.

 

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION

It is moved by Supervisor Hanson, seconded by Supervisor Keefer and carried unanimously, on a roll call vote, to introduce, by title only, Ordinance 475-E which codifies the Planning Commission's role as advisory to the Board of Supervisors in cases where subdivision applications are coupled with other projects which require an action by the Board of Supervisors.

 

Recess 10:33 - 10:38 a.m.

 

ORDINANCE

It is moved by Supervisor Chapman and seconded by Supervisor Hanson to introduce, by title only, Ordinance No. 561-A, amending Section 12.24.090 of the Lassen County Building Code:  "Under Article 5 of Division 2 of Title 5 (Section 53090 et seq.) of the California Government Code, most local agencies are required to comply with all applicable building ordinances and zoning ordinances of the county in which the territory of the local agency is situated.  Government Code Section 6103 exempts state and political subdivisions from the payment of fees for the performance of official services."

 

Supervisor Dahle notes that some projects have grant funding that includes money for the payment of building fees and in these cases the fees should be paid.

 

Supervisor Chapman feels an amendment could be brought back to accomplish such payment if there is outside funding.  Supervisor Dahle responds that he is not opposed to the waiver of building fees to public agencies, but if funding is available the fees should be paid to the county.

 

The motion carries unanimously on a roll call vote.

 

OFFICE OF EMERGENCY SERVICES

It is moved by Supervisor Chapman, seconded by Supervisor Dahle and carried unanimously, on a roll call vote, to:

 

Increase Revenues - Emergency Services Fund 136-0661-2007200 (Federal - other) by $162,506.

                       

Increase Expenditures - Emergency Services Fund 136-061-302800 (Special Department Expense) by $211,863.

 

CORRESPONDENCE

Letter from Johnstonville Elementary School District Superintendent/ Principal Dave Urbanac advising of a public hearing (April 19, 2006) of the District's Governing Board to consider a resolution implementing school facilities fees, is received and filed.

 

BIZZ JOHNSON TRAIL

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to approve and authorize the Chairman to sign a letter to Congressman Doolittle requesting financial support for repairs to a tunnel on the Bizz Johnson Trail.

 

ADJOURNMENT IN MEMORY

There being no further business, the meeting is adjourned at 10:56 a.m. in memory of Cal Newton, Dorothy Givens, and Alice Smith, a long-time, very involved contributing member of the Big Valley Community.

 

 

 

                                                                                    __________________________________________

                                                                                      CHAIRMAN OF THE BOARD OF SUPERVISORS

 

ATTEST:

 

_______________________________________

THERESA NAGEL, CLERK OF THE BOARD