BOARD OF SUPERVISORS

 

                                                                              APRIL 17, 2007

 

                                        

The Lassen County Board of Supervisors convene in Regular Session on Tuesday, April 17, 2007, at  9:32 a.m. Present:  Supervisors Brian Dahle,  Robert Pyle, Jim Chapman, Lloyd Keefer and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer (CAO) John Ketelsen and Deputy County Clerk Susan Osgood.  Following the flag salute, the invocation is offered by Supervisor Dahle.

 

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

Chairman Dahle announces that no closed session was held.

 

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

CAO Ketelsen states that Senator Cox’s mother, Ruby Cox, died this week and Supervisor Chapman asks that the meeting also be adjourned in memory of Deanna Foster, long time English teacher at Lassen Community College.

 

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

 

PUBLIC COMMENT

Chairman Dahle asks for public comment and no comments are received.

 

UNAGENDIZED BOARD REPORTS

1.         Supervisor Chapman states he attended the Sierra Nevada Conservancy workshop with Supervisors Dahle and Hanson.    It was an excellent workshop, with good turn out and discussion.  Thanks Chairman Dahle for inviting the Board. 

2.         Supervisor Chapman reports that April 16 was the 111th Boston Marathon with some of the worst weather ever.   Martin Balding from Eagle Lake finished in 3 hours 44 minutes, 8 seconds.  He was 9,027th coming across the line out of 22,000 people running.   Mr. Balding ran in the 70-75 year old age bracket and finished second in that group.   More important in the 70-75 year old age bracket he finished second.  Supervisor Chapman states it is nice to see the community so well represented and requests the Chairman send him a letter of congratulations.

3.         Supervisor Keefer reports he was unable to attend the Sierra Nevada Conservancy (SNC) meeting.  States he had lunch with SNC Executive Officer Jim Branham who was impressed with the turn-out. 

4.         Supervisor Keefer states several bills recently introduced regarding solid waste were discussed at the last Solid Waste board meeting and Director Tom Valentino was directed to respond with letters of opposition if the bills were going to committee before the next Solid Waste meeting.  Letters of opposition were sent because three of the bills are going to committee today.  One bill being opposed would increase the disposal fee for computers and televisions (CRT’s) statewide by another $6 (currently $6-$10).  Supervisor Keefer states that because of our remote location, we do not get any reimbursement and our constituents are paying extra fees to support the reimbursement to other areas of the state.  Supervisor Keefer reports on other bills that are being opposed:  Senate Bill 1016 – wording says each city or county should continue to implement diversion programs to prevent an increase in disposal; county would have to start a recycling program to meet that criteria which is not feasible here.  Senate Bill 1020 would increase the diversion requirement to 75% on January 1, 2012; the diversion requirement now is 50% and we are having a tough time meeting that requirement.  These two together would put a cap on disposal of solid waste and we would be forced to go into a recycling program which would increase fees.  Rates have been reduced over the years since forming the JPA with the city to try to encourage people to use the facility and prevent illegal dumping.

5.         Supervisor Keefer states Senator Cox’s bill SB 878 would require the California Department of Corrections and Rehabilitation (CDCR) to mitigate local impacts on prison construction for water services, waste water treatment, storage and disposal, transportation, health care services, education, fire protection and law enforcement.  Feels this bill should be supported

6.         Supervisor Pyle states he attended a First 5 Lassen Children and Families meeting where they discussed their 2007/2005 Strategic Plan; it was a good meeting.        

7.         Supervisor Hanson dedicates $500 from his discretionary fund to Shaffer Unified School District and $500 to Fort Sage Unified School District in support of their graduation and student body activities.

8.         Supervisor Hanson attended board meeting April 16th with West Patton Village (WPV) CSD relating to fire protection and emergency services in the Herlong area.  Commander Colonel Butler of Sierra Army Depot (SIAD), and a consultant from SEI Consulting were present and there was discussion on the mail-in ballot in support of a fire protection fee. 

9.         Supervisor Hanson attended the meeting with Mr. Branham and had an opportunity to take him around District 5.  Supervisor Hanson feels there are some wonderful opportunities in the grant area from Sierra Nevada Conservancy; is glad Chairman Dahle was able to designate an office in Susanville.  It is very important to take advantage of resources available through the SNC.

10.       Supervisor Hanson co-sponsored a workshop meeting in Herlong April 11th with the Susanville Indian Rancheria (SIR).  The SIR is in the midst of an effort through the appropriation process to obtain some resources to get clean water and eventually sewer to their properties in the Herlong area.  WPV CSD and Herlong Utility were at the same table and the meeting went well.  Commander Butler issued an invitation to the Board to adjourn a meeting and tour the base at Sierra Army Depot and receive a briefing on some of the positive aspects of the base, such as the runway expansion.  It would be before Commander Butler’s departure in July.  

11.       Supervisor Hanson states he talked with OES Director Chip Jackson regarding our below normal precipitation; and a possible drought emergency. 

12.       Supervisor Chapman designates $500 from his discretionary fund for the Carrie Your Blanket Project that Phyllis McDonald has been operating for children that have been traumatized in some way.  It is a very successful project throughout the county.

13.       Supervisor Dahle reports on the SNC meetings in Alturas, Susanville and Burney; all went well.  He hopes to get people engaged in each community and get some good grant applications and be able to fund some projects.   One problem is funding comes from Prop 84 which has to do with mainly water issues so it will be hard to fit some projects into the funding source.

14.       Supervisor Dahle met with Solid Waste Director Tom Valentino on solid waste issues in Little Valley.  The numbers of people that visit the transfer site are low and Mr. Valentino was considering closing that site down and using the Bieber site.  Supervisor Dahle explained that it is over 50 miles from Little Valley to Big Valley and he thought there would be more illegal dumping if that occurred.  Mr. Valentino agreed not to make a change.

15.       Supervisor Dahle attended the Family Resource Center meeting April 16th in Big Valley with the Big Valley Community Alliance and Resource Center.  Local senior citizens came to the meeting and they are proposing to run the nutrition site in Big Valley.  They would do the meals and run the budget, working through the Family Resource Center.  Discussion is held with Supervisor Chapman who states PSA 2 will work with them.

16.       Supervisor Dahle reports the Employee Recognition Committee will be presenting the fifth Irene Doyle Award at the Supervisors meeting on May 15.  The Committee would also like to have the Employee Barbeque at Jensen Hall on May 15, 11:30 a.m. - 1:00 p.m. with Supervisors contributing the meat and helping barbeque.

 

LOCAL REUSE AUTHORITY

(Convene as the Local Reuse Authority)

 

It is moved by Supervisor Hanson, seconded by Supervisor Pyle and carried unanimously to adopt Resolution No. 07-018 by the Lassen County Local Reuse Authority (LRA), declaring its intention to lease Local Reuse Authority lands in Herlong for the purpose of a cellular antennae (cell) tower.

 

(Adjourn and reconvene as Board of Supervisors)

 

CONSENT CALENDAR

Supervisor Chapman requests Item G2 Probation - Group Home be pulled for separate discussion.  

 

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

COUNTY CLERK ITEM
Approve minutes of March 20, 2007.

PRISON TRIAL COSTS REIMBURSEMENT PROGRAM ITEMS

Receive and file Recap of CCC Prison and High Desert State Prison Trials Cost Reimbursement Billing for July 2006 through March 2007.

MISCELLANEOUS CORRESPONDENCE ITEMS
Receive and file the following correspondence:

a.   Lassen County Mental Health Advisory Board meeting agenda for April 10, 2007, and unapproved minutes of March 13, 2007.

b.   Susanville City Council meeting minutes of February 6, 2007.

c.   Sierra Army Depot Restoration Advisory Board meeting agenda for April 25, 2007.

d.   Big Valley Community Alliance, Inc. / Big Valley Family Resource Center March 2007 Report.

PROBATION DEPARTMENT
Supervisor Chapman states he has a lot of questions about the group home concept, does not know if this is the best use of this facility and states he is not yet sold this is a great idea.    He also states there does not seem to be a master plan and he does not know how everything interrelates.  He is also concerned with what the state may want to do regarding prison overcrowding.   He feels a lot of good intended efforts fail because they were not thought through. 

CAO Ketelsen states the previous two presentations to the Board were designed to address concerns.  This matter came to the CAO from Kevin Mannel’s department where it would have an ameliorative effect upon his budget because the county is expected to pay for those services that are being rendered to this population out of county.  The group home concept is designed to address a population of kids that need to go out of county.  The plan for this facility originated before the Governor and Legislature indicated their corrections reform proposals, so there may be a need to look at it again.  This is designed to address the population of kids that are now being sent out of county and the County is already spending this money somewhere else.  

Chief Probation Officer Roy Thiels states Mr. Chapman brings up a lot of questions and concerns, some that had not been brought up before.  He states he does not know what the biggest concern is that the Board would like addressed.  Mr. Thiels feels there is a need for this project and it will affect the youth of this community.  States there have been many changes with the plans for what is going to happen with adult corrections and juvenile justice programs with the state.  He feels the older juvenile hall building has been under-utilized.  He feels that the project has been well researched and would hate for this to be stalled.  Juvenile hall has been down 13 or 14 kids the last few years and there is a unit not in use; other counties have lower rates and Lassen County cannot compete.

Supervisor Chapman asks questions about the Environmental Alternative (EA) contract; states the county is providing the facility and then also have to pay a rate.  He asks if EA will pay rent.  Mr. Thiels replies that is something that is being negotiated; EA is asking for a lower rent so they can afford to offer the services.   Further discussion is held.    Chairman Dahle requests this agenda item be brought back with additional information for further discussion at the April 24, 2007 meeting.

 

RECOGNITION COMMITTEE - PRESENTATION

Chairman Dahle makes the following presentations for years of service:

 

Ten years: a brass letter opener to Doug Foltz (Public Works) – not present.

Fifteen years: a mahogany pen set to Louie Kennemore (Public Works/Roads) – not present.

Twenty years: a mahogany book clock to Larry Morgan (Public Works/Roads) – not present.

Twenty-five years: a mahogany pen and desk set to Julie Amos (H&SS LassenWORKS) – not present.

TITLE III REQUEST

Supervisor Chapman disqualifies himself from participating in a discussion on this agenda item and sits in the audience. 

 

CAO Ketelsen reports that the remaining Title III funds available are $183,791.  This is the first request to come in from Lassen Land and Trails Trust (LLTT) and if the Board distributes the money on a first come, first served basis, there wouldn’t be enough money to fund the many programs at the same level that the Board has in the past.

 

The County Office of Education Outdoor Education Program is historically funded from $76,000 to $89,000.  A $76,000 award added to this request of $9,000 totals $85,000, leaving $98,000.  The typical Fire Safe Council award ranges from $60,000 to $122,000.  The Board will have to weigh future requests against this request and decide whether to proportionally decrease all of them or award on a first come, first serve basis.

 

LLTT representative Jan Heid states this is their fourth request for funding.  During the last three summers more than 100 Lassen County children have enjoyed a forest-related educational experience called Kids Nature Camps.  This activity was made possible by the Board’s thoughtful donation of Title III dollars, Lassen County Office of Education, the Forest Service, LLTT volunteers and the outstanding service provided by Lassen Rural Bus Service. 

 

Further discussion is held. Supervisor Pyle reminds Ms. Heid that this might be the last of these funds and LLT should look for other funding sources for next year.  Chairman Dahle states he does not want to limit this only to kids who can afford it.  He feels the Board should fund it at $8,165.


It is moved by Supervisor Hanson, seconded by Supervisor Keefer and carried unanimously, with Supervisor Chapman abstaining, to approve the Lassen Land and Trails Trust request for Funding for the 2007 Children's Nature Camps in the amount of $8,165.  

COUNTY CLERK
it is moved by Supervisor Pyle, seconded by Supervisor Chapman and carried unanimously to approve increase to Election budget: Revenue #100-0392-2006200 (State-other) by $63,830; and Expenditure #100-0392-3006200 (Fixed Assets-Equipment) by $63,830.

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried unanimously to adopt Resolution No. 07-019 approving an agreement with the State of California for reimbursement of costs incurred for purchase of a replacement Voter Registration List database and authorizing the Chief Elections Official, or her designee, to conduct these negotiations, contracts, etc. which may be necessary for the execution of the duties and responsibilities under HAVA.

ADMINISTRATIVE SERVICES – PERSONNEL
The agenda request is to reclassify the position of Confidential Administrative Secretary, Range 17, Confidential, in the Office of the County Clerk/Recorder, to the position of Confidential Deputy Clerk of the Board, Range 19, Confidential and approve the promotion of the incumbent, Susan Osgood, from Range 17, Step E, to Range 19, Step E.  CAO Ketelsen states the staff recommendation is for Range 19, Step E and they are comfortable with that in comparison to the other departments with people having more seniority.

County Clerk Julie Bustamante states she submitted a letter regarding this agenda item in the Board’s agenda packet.  County Clerk’s request is to approve the classification change from Confidential Administrative Secretary, Range 17, Step E, to the new position of Confidential Deputy Clerk of the Board, Range 20, Step E, which is equivalent to most of the County’s clerical staff.  She comments that the Confidential Range 20 is lower than a Range 20, UPEC.

Further discussion is held.

It is moved by Supervisor Keefer to approve the reclassification of the position of Confidential Administrative Secretary, Range 17, Confidential, in the Office of the County Clerk/Recorder, to the position of Confidential Deputy Clerk of the Board, Range 19, Confidential, and approve the promotion of the incumbent, Susan Osgood, from Range 17, Step E, to Range 19, Step E as recommended.  The motion dies for lack of a second.

It is moved by Supervisor Chapman to accommodate the County Clerk’s request that the position be reclassified to the new Range 20, Step E, Confidential, as proposed in her April 12th memo.  Supervisor Hanson seconds the motion, and it carries on a roll call vote with Supervisors Dahle and Keefer voting NO.

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION

Planner Rick Simon presents Wilson, Ihrig and Associates contract for noise monitoring at the Honey Lake Motocross Park (HLMP) for the 2007 season regarding Use Permit #2002-017 for Wosick. Mr. Simon states the contract scope of services would be the same as the last one, but includes rate increases.  Supervisor Pyle asks if the County pays for the contract and the Wosick’s reimburse the county and also asks if they are paid up to date.  County Counsel Settlemire reports that a 2003 court judgment states the County is responsible that noise monitoring be done at HLMP events; states that according to last year’s Grand Jury report the County incurred $100,500 for noise monitoring expenses.  The judgment provides that the owner could arrange for monitoring and pay for it but when the County was informed that not all events were being monitored the County contracted with Wilson, Ihrig and Associates.  Mr. Settlemire states he made three written requests enclosing bills to the attorney of the park owners asking for reimbursement, but there has been no money paid.   County Counsel states he will be filing a motion in Superior Court within the next week requesting the Court make a determination that noise monitoring costs have been incurred that Mr. Wosick owes, and asking the court reduce the outstanding amount of judgment so the County can collect.     CAO Ketelsen states the motion will create a lien on the property.  Supervisor Chapman asks where the money comes from to pay for the noise monitoring.  Mr. Ketelsen responds that it is paid from the General Fund. 

 

Further discussion is held.   Supervisor Chapman recommends that County Counsel pursue the motion and send affected parties notice to let them know when this item will be on the agenda, the severity of the situation and suggest they be in attendance.   Discussion was held on pulling the permit.  Mr. Simon states there is a revocation proceeding.  Because the County is bound by the court to monitor the noise, Supervisor Keefer recommends that the agreement be approved and a follow-up letter be sent stating that the bottom line is the permit will be pulled.  Supervisor Chapman suggests modifying the contract to expire April 30, 2007.

 

It is moved by Supervisor Chapman to approve the contract as submitted by staff with the addition that the contract will expire on April 30th, give staff direction to initiate all the appropriate proceedings to consider the repayment of the prior charges incurred, the status of the use permit and its effectiveness in light of the fact that the court responsibilities are not being discharged by the owners of the park, and authorize the CAO to sign.  Supervisor Keefer seconds the motion and it is carried on a roll call vote with Supervisors Dahle and Pyle voting NO.

 

COMMUNITY DEVELOPMENT DEPARTMENT - DYER MOUNTAIN  
Assistant Community Development Director Joe Bertotti reports on recent progress and the status of the Dyer Mountain project.

 

The project history, including draft EIRs and all previous public, organization and agency comments as well as responses have to be reviewed.  They are working to complete the draft Final EIR.  The County’s contract attorney, Richard Crabtree, and Dyer Mountain’s attorney are discussing and negotiating the terms of the development agreement.  The Development Agreement is necessary to bring the Final EIR and Mitigation Monitoring Plan together so public meetings can be scheduled.  Further discussion is held.

HEALTH & SOCIAL SERVICES - FISCAL
It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried unanimously on a roll call vote to increase the allocation from the General Fund to the Public Guardian Department's budget unit 110-0651 by $9,000 to cover the shortfalls.

COUNTY ADMINISTRATIVE OFFICE - SWIMMING POOL
CAO Ketelsen reports on the city’s Draft Joint Powers Authority agreement that was circulated.  There are some parties not mentioned in the JPA that have shown interest in participating.  CAO Ketelsen suggests some issues the Board may want to discuss:  possible locations; scope of project; size and possible other uses; membership; financing; construction or operation costs.    

Supervisor Keefer states that all interested parties should have an opportunity to be involved.  Supervisor Chapman suggests using the proposed city JPA and Mr. Ketelsen’s agenda and inviting all entities to a joint meeting.   City of Susanville Parks and Recreation Director Rob Hill is pleased with the discussion today. Chairman Dahle requests CAO Ketelsen set up the joint meeting.   Mr. Ketelsen states he will put some information together for the Board’s direction, including suggested changes to the JPA. 

SUPERVISOR PYLE
Supervisor Pyle states he requested update information on the 2002 Parks Bond projects.  Deputy Public Works Director for Facilities Peter Heimbigner states Lassen County has $1,200,000 allocated within 2002 Park Bond (Per Capita Grant Program) as well as an additional $220,000 transferred to the County from the Big Valley Recreation District to complete park projects throughout the County.  Allocations are as follows:  District 1:  $225,000 – Lake Forest Park, Spaulding Marina and Clear Creek Park.  District 2:  $200,000 – unallocated and Susanville Ranch.  District 3:  $300,000 – Janesville Park and Johnstonville Park.  District 4 - $470,000 – Bieber Pool House and unallocated.  District 5:  $225,000 – Doyle Park and Lake Leavitt Park. 

Supervisor Keefer states his concern regarding the amount of work to be completed before the Prop 40 sunset date of March, 2011 and the workload on staff.   Further discussion is held and CAO Ketelsen states this will be addressed during the budget process.

 

There being no further business, the meeting is adjourned at 11:53 a.m.

 

 

 

                                                                                    __________________________________________

                                                                                      CHAIRMAN OF THE BOARD OF SUPERVISORS

 

ATTEST:

 

_______________________________________

JULIE BUSTAMANTE, CLERK OF THE BOARD