BOARD
OF SUPERVISORS
APRIL
15, 2003
The Lassen County Board of Supervisors convene in
Regular Session at 9:08 a.m. Chairman
Chapman 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 9:09 a.m. for:
1) Conference with Legal Counsel: Significant exposure to Litigation Pursuant
to Subdivision (b) of Government Code Section 54956.9: 1 case;
2) Conference with Labor
Negotiator Andy Whiteman: May include
the following bargaining units - a) Lassen County Peace Officers Assn.
(LCPOA), b) Lassen County Correctional Peace Officers
Assn. (LCCPOA), c) United Public
Employees of California (UPEC), d) Lassen County Road Workers Assn. (LCRWA), e)
Mid-Management, f) Commanders Association, and g) Management; and 3) Conference with Legal Counsel: Existing litigation pursuant to Subdivision
(a) of Government Code Section 54956.9: Citizens for a Healthy Rural
Environment and Richard and Mary Morgan vs. Lassen County, Larry and Lise
Wosick, Superior Court Case No. 36349.
Present in the Closed Session are Supervisors Robert
Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel
John Ketelsen, County Administrative Officer Andy Whiteman, Personnel Director
Lynne Margolies, Assistant County Counsel Craig Settlemire and County Clerk
Theresa Nagel. Craig Settlemire departs
at 9:14 a.m. following discussion of Item 3 and before discussion of Item 1
& 2. Closed Session is recessed at
10:02 a.m.
The Lassen County Board of Supervisors reconvenes in
Regular Session on Tuesday, April 15, 2003, at 10:05 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
Chapman.
ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION
The County Clerk announces the Closed Session dealt
with:
3) Conference
with Legal Counsel: Existing litigation
pursuant to Subdivision (a) of Government Code Section 54956.9: Citizens for a
Healthy Rural Environment and Richard and Mary Morgan vs. Lassen County, Larry
and Lise Wosick, Superior Court Case No. 36349 - no public report required
because no final action taken.
2) Conference
with Labor Negotiator Andy Whiteman: May
include the following bargaining units - a) Lassen County Peace Officers Assn.
(LCPOA), b) Lassen County Correctional Peace Officers
Assn. (LCCPOA), c) United Public
Employees of California (UPEC), d) Lassen County Road Workers Assn. (LCRWA), e)
Mid-Management, f) Commanders Association, and g) Management - no public report
required because agreements are not final.
1) Conference
with Legal Counsel: Significant exposure
to Litigation Pursuant to Subdivision (b) of Government Code Section
54956.9: 1 case - no public report
required because no final action was taken.
AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS
It is moved by Supervisor Keefer, seconded by Supervisor
Dahle and carried to approve the agenda as posted.
PUBLIC COMMENT
1. Poet Laureate
Violet Stout wishes everyone a Happy Easter.
2. Colleen Mode,
spokesperson for residents living at Sierra Housing Project (SHP) in Herlong,
reads a lengthy statement relating to the possible closure of the housing
project. She indicates that housing is
in short supply and the situation will only worsen if Susanville Indian Rancheria
(SIR) is allowed to close SHP. She notes
that only 73.88% of the homes are currently rented, refers to mismanagement of
the project and makes suggestions for better management. She asks the Board to insist that SIR keep
the SHP operating.
Chairman Chapman asks Supervisor Hanson to work with
County Counsel to properly place this matter on an upcoming agenda.
3. Cynthia
Cameron is representing persons in the Hallelujah Junction area who are working
to form a fire protection county service area.
She wants to be placed on the next agenda and presents a packet of
information to Supervisor Hanson.
RECOGNITION COMMITTEE - PRESENTATION
Supervisor Dahle makes the following presentation for
years of service:
Thirty-five years: Rosewood Captain's Clock to Jim
Watters (Public Works/Road Department).
Supervisor Dahle comments on how Mr. Watters goes above and beyond the
call of duty in maintaining roads in the North County.
ALCOHOL AND DRUG PROGRAM & PROGRESS HOUSE
Alcohol & Drug Program Director Michael Beard
provides a brief overview of the operation of the Progress House Youth Regional
Treatment Center Program in Herlong. He
indicates a request will be submitted to the Board to pay funds to Progress
House that have come to Lassen County from Alpine County. He then introduces Progress House Director
Tom Avey. (Supervisor Dahle departs at 10:24 a.m.)
Mr. Avey provides information on what has been achieved
at Progress House over the past six months.
The total number of clients that have been served since August 2002 is
twenty-six, Lassen County having enrolled nine clients with the remainder
coming from ten other counties. There
are twenty full time employees which includes childcare workers, social
workers, alcohol and other drug counselors.
Staff will continue to expand as the clients expand to a maximum of
twenty-four. He announces to date the
expenses have exceeded the revenues by $85,000, therefore he believes they have
earned the right to receive the funds from Alpine County.
Supervisor Hanson has received no negative comments about
the facility and in fact, has received positive comments. (Supervisor Dahle
returns at 10:28 a.m.) Supervisor
Chapman also adds his compliments noting he was originally against the program
due to the poor management of the previous group.
TREASURER / TAX COLLECTOR
Treasurer/Tax Collector Richard Egan presents two bids
for the sale of Surplus Property (129-060-0411), 463-900 Raines Road,
Janesville. He recommends the bid be
awarded to the highest bidder, Joel & Shirlee Nolen ($51,200).
In answer to a question from Supervisor Chapman, County
Counsel John Ketelsen affirms if the escrow falls through, the second highest
bidder would be able to purchase the property without having to go out to bid
again.
It is moved by Supervisor Keefer, seconded by Supervisor
Pyle and carried to authorize the property sale to the highest bidder, Joel
& Shirlee Nolen, with the stipulation if the escrow fails it will be
offered to the next highest bidder, German, Sergio & Nadia Platonoff
($50,000); and authorizing the CAO to sign any necessary documents.
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 April 8, 2003.
COUNTY COUNSEL ITEMS
Reject the request to adopt a resolution authorizing the
issuance of a TRAN on behalf of the Lassen Union High School District; and
direct the Clerk of the Board to execute the memorandum of refusal.
Reject claim of Lynch Trucking, in its entirety, and
direct County Clerk to send Notice of Rejection.
OFFICE OF EMERGENCY SERVICES ITEM
Ratify continuation of Declaration of State of Disaster
/ Drought Emergency in Lassen County for 2002.
PRISON TRIALS COST REIMBURSEMENT PROGRAM ITEMS
Receive and file Recap of CCC Prison Trials Cost
Reimbursement Billing for the month of March, 2003; and High Desert State
Prison Trials Cost Reimbursement Billing for the month of March, 2003.
PROBATION DEPARTMENT ITEM
Approve travel authorization request for Bryan Stovall
and Anita Easton to attend the mandatory Standards and Training Corrections
(STC) Core Training in Red Bluff, May 7 - 30, 2003, at the estimated cost of
$5,751.
ADMINISTRATIVE SERVICES - PERSONNEL ITEM
Receive and file Personnel Movement report for March,
2003.
MISCELLANEOUS CORRESPONDENCE ITEMS
Receive and file the following correspondence:
a. Lassen County
Air Pollution Control District Governing Board meeting agenda for April 15,
2003, and minutes of March 18, 2003.
b. Local Agency
Formation Commission meeting agenda for April 14, 2003.
c. Lassen Transit
Service Agency meeting agenda for April 14, 2003.
d. Lassen County
Transportation Commission meeting agenda for April 14, 2003.
e. Lassen County
Fair Advisory Board unapproved minutes of April 8, 2003.
UNAGENDIZED BOARD REPORTS
1. Supervisor
Hanson notes that May is Mental Health Month and a celebration is scheduled for
May 17th at Memorial Park.
2. Supervisor
Hanson visited the site in Constantia, along with Ken Smith and other
interested parties, to view the area where ash is being incorporated into the
soil as an amendment. The problem of ash
building up was discussed.
3. Supervisor
Hanson states that yesterday's LAFCO meeting was good and he reports on discussions
held relating to the need for fire protection in the Hallelujah Junction
area. He wants an item placed on the
next agenda to begin the process of forming a county service area.
4. Supervisor
Pyle designates the remainder of his discretionary funds ($644.30) go to the
Westwood FFA to be used in their planned construction of a barn.
5. Supervisor
Keefer reports that LAFCO is still working on organizational issues and there
was a lot of discussion between the city and county representatives without coming
to agreement. On June 3, 2003 they will
be dealing with policies and procedures.
6. Supervisor
Keefer attended a meeting with fire agency representatives. Discussions were held on the desire for
coordination between all parties relating to fuel treatment. An MOU between agencies for coordination and
cooperation may be the result of the discussions.
7. Supervisor
Dahle will be attending RCRC the next two days.
He briefly discusses AB 10X, which relates to fee structure changes in
regard to the Air Resource Board and the State Water Resource Control Board.
8. Supervisor
Pyle provides some good news in regard to the Williamson Act funding remaining
in the State budget.
9. Supervisor
Chapman announces he went on a tour of the new Sheriff's Administration Office
and he discusses the schedule for moving to the new building.
10. Supervisor
Chapman reports on the Transportation Commission meeting and reviews various
road projects.
11. Supervisor
Chapman reminds everyone the Junior Fishing Derby fish planting will be held
tomorrow.
AUDITOR
It is moved by Supervisor Dahle, seconded by Supervisor
Pyle and carried unanimously on a roll call vote, to approve increases to the
following funds - REVENUES: District
Attorney - state revenues received (130-0431-206200) by $30,000; Self-insurance
Reserve - Interfund Revenue (180-1801-2010700) by $800,200; Self-insurance
Reserve - Misc Revenue (from Courts) (180-1801-2011200) by $36,750. EXPENDITURES: Self-insurance Reserve-Insurance
Expenses (180-1801-3001500) by $836,950.
COUNTY COUNSEL
Sewer easement:
County Counsel John Ketelsen states the agreement for a
sewer line easement across the fairgrounds needs some revision to provide if
"there is a conflict between the location of the easement and the
operations of the fair, the SCSD will relocate the sewer line as needed at no
cost to the County". Supervisor
Dahle would like to also add the provision that "no tap-in fee shall be
charged to the County if a future connection is needed for the fairgrounds".
It is moved by Supervisor Dahle, seconded by Supervisor
Pyle and carried to adopt Resolution No. 03-028, granting an easement for
sanitary sewer line purposes to Susanville Consolidated Sanitary District on
the Lassen County Fairgrounds property, with the above noted additions.
Development Agreement Ordinance:
County Counsel John Ketelsen explained the purpose of
the Development Agreement Ordinance is to provide authority to add a land use
control device known as "Development Agreements" to the Lassen County
Code as Chapter 18.117, pursuant to Government Code Section 65865(b) which
allows a county and developer to make commitments to one another at the time
either or both makes a substantial investment in a project. Such agreements would: be used to limit the
uses allowed in a development area so that environmental reviews could be more
focused; be used to assure comprehensive design as mutually described by the
County and the developer; and be used in various ways as an incentive to expand
public facilities and benefits included in projects consistent with the General
and Area Plans of the County. He
explains that any development agreement itself would have to be adopted by a
County ordinance. The tool could be used
in negotiations with the owners of the property covered by the Belfast
Initiative as a way to help make the initiative language and project design
consistent with the General and Area Plans.
It is moved by Supervisor Hanson, seconded by Supervisor
Pyle and carried unanimously, on a roll call vote, to introduce, by title only,
Ordinance No. 557, adding Chapter 18.117 to the Lassen County Code, authorizing
the use of Development Agreements as a land use control device.
UNITED STATES FOREST SERVICE
Eagle Lake Resource Officer Duane Jackson and Forest
Land Officer Lois Charlton are present to provide information on the Spalding
land exchange. Ms. Charlton informs the
board members the Draft EIS is going out on Friday. She reviews steps taken to make the land
exchange go faster and responds to Supervisor Pyle's concerns that the exchange
be completed timely so the grant funding is not jeopardized.
HEALTH AND HUMAN SERVICES DEPARTMENT
Health and Human Services Director Tom Keeffer
introduces Administrative Services Manager Diana Wemple.
He provides information on a need for credit cards with
specific hotel chains and car rental agencies for use by employees required to
travel while conducting county business.
It is moved by Supervisor Dahle, seconded by Supervisor
Keefer and carried to adopt Resolution No. 03-029, authorizing the County
Auditor and County Administrative Officer to establish corporate credit
accounts with hotel chains and car rental agencies for use by county employees
required to travel while conducting county business.
BUDGET UPDATE
CAO Whiteman reports there was a compromise on the
Phillip Morris lawsuit therefore the "check is in the mail" to the
State for tobacco taxes.
INFORMATION FOR THE BOARD
1. CAO Whiteman
announces that June 13th has been chosen as the date for the County
Picnic. Board members agree to this
date.
2. CAO Whiteman
has checked with CalTrans regarding placing a sign on Highway 36 to direct
visitors to the Westwood Visitor's Center.
They are waiting on the county to put up arrow signs on the county roads
to direct visitors after they turn off the state highway.
Recess 11:34 - 11:45 a.m.
COURT FACILITY MASTER PLAN
Judge Ridgely Lazard is present to provide a report on
the status of the County-wide Court Facility Master Plan. He reads a statement about the State of
California being in the process of planning to take over the ownership and
responsibility of court facilities throughout the State. The planning objectives included: 1) meeting the state standards for size and
function; 2) centralizing operations; 3) consolidating operations in one
building; 4) remaining on the existing historic courthouse site; 5) maximizing
service and accommodations for the public; and 6) maximizing cost
effectiveness. The local steering
committee consisting of the two local judges, the court administrative officer,
a representative from the Administrative Office of the Courts, a community member,
a local attorney and the Sheriff met with the consultants three times to
provide input and suggestions. They came
up with three options, two of which would have the courts remain on the
existing historic courthouse site. The
consultants analyzed the options and found the existing site would not meet the
State standards or planning objectives established by the steering
committee. The consultants are now in
the process of preparing a draft report on option three for the construction of
a new court facility off of the existing site, with the caveat that the
existing courtroom be retained for ceremonial use. The report should be
available in the next few months. This is information only at this time, and no
binding decisions have been made. The
State and County will make the ultimate decision with information and
suggestions made by the steering committee.
There being no further business, the meeting is
adjourned at 12:06 p.m.
__________________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
_______________________________________
THERESA NAGEL, CLERK OF THE BOARD