BOARD OF SUPERVISORS

 

APRIL 24, 2007

 

The Lassen County Board of Supervisors convenes in Regular Session at 9:02 a.m.   Deputy  Clerk of the Board Susan Osgood announces the Closed Session item to be discussed: Conference with Legal Counsel:   Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: Citizens for a Healthy Rural Environment, Richard & Mary Morgan vs. Lassen County, Lassen County Board of Supervisors; Larry and Lise Wosick.  Superior Case #36349.

PUBLIC COMMENT
1)  Fred
Nagel comments on the issue of the Honey Lake Motocross Park (HLMP) owned by Larry and Lise Wosick.  He states he has been following the matter for years, was a member of the Planning Commission, and states most people wouldn’t understand the CEQA process.  He believes Mr. Wosick was naďve and thought the system was going to help him but his opponents knew how to manipulate and use CEQA to their advantage.   Believes that until the County has the foresight to use CEQA to the benefit of the county residents, economic progress (a broader more positive goal than economic development) will have a tough road to follow.   He feels many applicants agree to conditions they do not understand and then later do not know how to comply with the conditions. 
      Mr. Nagel states that unneeded ambiguous mitigations were placed on the Wosick project to placate opposition without understanding the effects on the applicant.  The administration of the noise monitoring issue was a serious mistake; rather than working with the applicant to develop a program that met the minimum required by the court and was economically justified to the applicant, county staff chose to go above and beyond the minimum, freely and irresponsibly spending the Wosick’s money.   He further states the issue of excessive cost should have been resolved when it arose, not 2 years later.  He states that if
Lassen County wants economic progress, they must be willing to stand up and fight for it.  Some good projects are stopped or mangled due to lack of clear policy.

2)            Honey Lake Motocross Park owner Larry Wosick states that after the April 17 Board of Supervisors meeting the reputations of HLMP, his wife Lise, and he himself were unjustly slandered.  They were accused of ignoring sound monitoring bills that were alleged to have been sent to them.  A public records request was made from County Counsel’s office for copies of bills and documents pertaining to sounds costs and billing for HLMP.  Documents received pertaining to sound monitoring costs were two items of correspondence dated 2004 and 2005; the documents were not addressed to HLMP and they did not contain an invoice to HLMP.  The documents were addressed to the Wosick’s attorney John Kenny.  Mr. Wosick states that in a letter dated April 20, 2007, Mr. Kenny reports he has no record of receiving an invoice for sound testing; he states he recalls discussing the matter with Craig Settlemire quite some time ago and he believes it was right after the Grand Jury raised issues with respect to payment for testing.  Mr. Wosick states that  the files of County Counsel as well as the files of Mr. Kenny do not contain a single invoice to HLMP or Larry or Lise Wosick for sound monitoring done at HLMP. 
        Mr. Wosick states he received a letter April 23, 2007 from Attorney John Kenny stating that the County is preparing a motion for judgment against the Wosicks for sound costs not paid.  Also under consideration is a motion to stop operation at HLMP until the sound monitoring bills are paid.   Mr. Wosick feels that the motion being considered would do irreversible damage to his operation and reputation and damage others in the county (i.e., hotel owners, restaurant owners, gas station owners, convenience store owners).  He also states he has not received sound test results for over one year.  Mr. Wosick states he believes he and Lise are owed an apology and requests the board insure he receive the following within the next ten business days by registered mail:  1) an itemized invoice made payable for the benefit of LHMLP for each event it seeks payment from him; 2) a copy of the testing data for each event listed on the invoice, and 3) asks for a commitment from the board to work with them rather than against them to further the success of one of the County’s most prized possessions, HLMP.
      
Supervisor Keefer states that he feels the root of the whole issue is the bill, and Mr. Wosick has recently indicated to him that he would pay the bill.  He reminds Mr. Wosick of past discussions relating to the high cost of monitoring and the question of whether the County was going overboard with too much monitoring.  Further discussion is held between Mr. Wosick and Supervisor Keefer.  Supervisor Keefer states that in the past he has advised Mr. Wosick to have his attorney contact Mr. Settlemire regarding the monitoring issue but that he also advised the bills needed to be paid.

3)  HLMP owner Lise Wosick states the April 24, 2007 issue of the Lassen County Times reports  that CAO Ketelsen stated a third bill went overdue in November 2006.  She states that information is incorrect and tarnishes the Wosick’s names.  She states the County records do not show such a bill and she believes the Supervisors have received misinformation from county officials.   She asks for an apology and to set the record straight.

4)  In-Home Supportive Services (IHSS) Advisory Committee Chairperson and IHSS consumer JoAnn Viscotha speaks for the Advisory Committee and urges the Board to support an immediate $20 million state general fund increase for the Adult Protective Services Program.  This increase is being supported by the California Welfare Directors’ Association.  Statewide statistics show a 24.2% increase in the occurrences and reporting of elder or dependent adult abuse and neglect from 2001-2006.  In Lassen County the APS caseload has increased 175% in the last five years.  Costs of delivering services have increased but funding for APS has remained virtually unchanged since 1999.  Some cases are delayed or closed due to lack of resources.  Inadequate funding places elders and dependent adults at greater risk. 
      The statewide problem is expected to grow dramatically as the population of CA seniors is expected to nearly double in the next 20 years.  Ms. Viscotha asks the Board of Supervisors to contact state legislators, including members of the budget committees, and state
Lassen County’s support for the increase in APS funding.

 

The Board recesses to Closed Session at 9:28 a.m.  Present in the Closed Session are Supervisors Brian Dahle, Robert Pyle, Lloyd Keefer and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer John Ketelsen, County Personnel Director/Risk Manager Ron Vossler, and Deputy Clerk of the Board Susan Osgood.  Supervisor Chapman is absent. Closed Session is recessed at 10:14 a.m.

 

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, April 24, 2007, at 10:14 a.m.  Present are Supervisors Brian Dahle, Robert Pyle, Lloyd Keefer and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer John Ketelsen, County Personnel Director/Risk Manager Ron Vossler, and Deputy Clerk of the Board Susan Osgood.  Supervisor Chapman is absent.  Following the flag salute, the invocation is offered by Supervisor Dahle.

 

 

 

 

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION
County Counsel Craig Settlemire announces the Closed Session dealt with discussion on Conference with Legal Counsel:  Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: Citizens for a Healthy Rural Environment, Richard & Mary Morgan vs.
Lassen County, Lassen County Board of Supervisors; Larry and Lise Wosick.  Superior Case #36349.  Action taken was to direct Treasurer Egan to send bills directly to Mr. Wosick with copies of reports and to negotiate a plan for payment within 30 days.  If arrangements are not made within 30 days for payment, County Counsel is to bring the matter before the court for collection.  If he wants to change the requirements for noise monitoring, Mr. Wosick may bring his own petition to the court.

 

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

Chairman Dahle requests the meeting be adjourned in memory of Warren Chapman. 

 

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

 

PUBLIC COMMENT

Fair Manager Jim Wolcott presents an update on the fairgrounds livestock building fire last weekend.  He thanks the City of Susanville Fire Department, the investigation team and Police

Chief Jeff Atkinson for a very thorough job.  Mr. Wolcott invites the Supervisors to a site committee meeting on Friday April 27 at 8:00 a.m. at the fair office; Supervisors Hanson and Pyle agree to attend.  He expresses appreciation to the Board and County for their support.

 

COMMUNITY DEVELOPMENT DEPARTMENT

Deputy Clerk Osgood administers the oath to Code Enforcement Officer Lewis Dean, Building Official Steve Fuller and Eileen Richmond, speaking on behalf of the property owner, for testimony they may give before the Board of Supervisors.

 

Lewis Dean presents information on the request to abate property owned by Alfredo Jiminez and Manuel Cervantez located at 465-202 Standish-Buntingville Road in Janesville (A.P.N. 131-090-25).  The abatement is being requested due to the owner’s lack of removing non-permitted mobile homes on the property and miscellaneous junk items.   Inspections were made and notices sent to owners of record.

 

Ms. Richmond states the property is owned by Alfredo Jiminez, not by her father Manuel Cervantez, and that she has spoken with the people living on the property and told them they need to clean it up.  She asks questions regarding the abatement and County Counsel Settlemire explains the procedure.  Ms. Richmond states she is trying to have the people living on the property removed and she intends to move back to the property with her family this August.  Further discussion is held.  Ms. Richmond states she feels she can get the property cleaned up by June 30. 

 

It is moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to adopt Resolution No. 07-020 requiring the property be cleaned up by June 30, 2007 and at that time if it is not cleaned up, directing staff to administratively abate two non-permitted, substandard mobile homes and miscellaneous junk items; and assessment of abatement and administrative costs as provided in Chapter 1.18 of the Lassen County Code.

 

 

PUBLIC WORKS / TRAILS

Bureau of Land Management (BLM) Alturas Field Office Supervisor Tim Burke presents updates on projects including the Modoc Line rail corridor, Hayden Hill, Northeast California Resource Management Plans, and Sagebrush Steppe restoration strategy.

 

Modoc Line rail corridor:  Negotiations with Union Pacific (UP) are underway.  More than ten years ago UP proposed to abandon the 85 mile rail corridor between Wendel and Alturas affecting Modoc and Lassen Counties.  Rail banking was requested which would preserve the integrity of the corridor; the rail line could re-enter the line in the future but in the interim it would be used as a trail resource.  Partners are Modoc County, Lassen County, the Sierra Nevada Conservancy (offering potential funding opportunities), the American Land Conservancy and the Lassen Land and Trails Trust.  Negotiations continue with UP with the idea that the corridor would be acquired and ownership would go to the counties for their portion of the corridor.  A UP request for indemnification for possible liability relating to hazardous waste is an issue being discussed.

 

Hayden Hill:  

BLM has practically exchanged out of any land ownership responsibility with the Hayden Hill

Mine.  There were some hazardous material sites on BLM land, which Lassen Gold (LG) is interested in taking ownership of so they could more efficiently clean up the acid leakage.  As part of their original EIS to develop the mine, LG set aside a 640-acre parcel as a wetland preserve.  There is still a $500,000 bond with Lassen County and in order to get that bond released they need to transfer that 640-acre wetland to a management agency.  BLM was willing to accept the transfer; they have been in negotiations with the Army Corps of Engineers to discuss issues.  BLM is very reluctant to accept property with existing conditions, covenants and restrictions on the land.  The donation may still happen within 3-6 months but it appears a waiver will need to be received from the Justice Department where BLM can accept the parcel with the conditions, covenants and restrictions on it.

 

Other issues:  All three BLM field offices are completing Northeast California Resource Management Plans at the same time.  They are long term planning documents for the next 20 years.  It is for managing 2.9 million acres of public lands within the Eagle Lake, Surprise and Alturas Field Offices of BLM.  The proposed Resource Management Plans should be out the first week of June with a 30-day protest period to follow. 

 

Sagebrush Steppe Restoration Plan:  Plan for a 6.5 million acre planning area is to restore the sagebrush steppe by reducing the western juniper covers through the use of fire and mechanical treatment.  The ultimate goal is to restore the ecosystem with possible side benefits of rural economic development and domestic energy production.  The draft environmental impact statement is currently scheduled for release in early July.

 

DR. HOMER CISSELL

Lassen College President Dr. Homer Cissell presents a status report on Lassen Community College (LCC).  States they have had problems (declining enrollment, accreditation, the Chancellor’s visit) but he feels the college is resilient and he is optimistic they will come through.  He assures they will be more attentive to what the laws and regulations of California are, as they have been remiss in that area in the past.  He asks the Board not to let “the voices of a few people with negative views affect the future of this fine community college”.  He states that, speaking on behalf of the Board of Trustees; they want to be partners in the future of Lassen County.  Dr. Cissell states he is committed to the board and to the community to insure that the highest standards are maintained and to insure that the students that attend get what they are paying for. 

 

HEALTH AND SOCIAL SERVICES

Deputy CAO for H&SS Kevin Mannel presents history, design options and future program and fiscal implications of each Family Resource Center (FRC) – Big Valley, Westwood and Fort Sage (Herlong/Doyle).  Information is presented on three options for funding One-Stop Centers at FRCs.

 

Lassen County Children and Families Commission Director Laura Roberts presents information on Option One which would continue the current level of Master Settlement Agreement (MSA) Tobacco Control funding of $75,000 per year for each location.     FRCs would maintain their current staffing pattern.  Westwood and Big Valley FRCs may have offsetting revenues but they would maintain the revenues for expansion of services.  Fort Sage FRC lacks alternative revenues and is primarily reliant on MSA Tobacco Control funds.  If this option is chosen, and additional funding was found, existing revenues would not be offset; the funding would allow available services to be expanded.

 

Mr. Mannel and Big Valley Community Alliance Director Lillian Arnold present information on Option Two, which would reduce the level of MSA funding to $35,000 per year for each location.  This funding would be provided to compensate for core services.  The FRCs need to develop alternative funding streams or reduce their staff in order to cost contain all expenditures.  If funds were unavailable, staffing costs would need to be reduced.  If new funding were developed the FRCs could expand services and staffing hours.

 

Kevin Mannel presents information on Option Three, which would provide no financial support of FRCs through MSA funds.  The FRCs would have to have alternative funding streams as of July 1, 2007.  Expenses and services would need to decrease or lost revenues replaced with alternative funds.  Mr. Mannel feels the FRCs under the current design would not survive without tobacco control dollars.  Extensive discussion is held. 

 

It is moved by Supervisor Pyle and seconded by Supervisor Hanson to select Option 2 for three years and then reevaluate.  The motion was carried on a roll call vote with Supervisor Keefer voting NO and Supervisor Chapman absent.

 

CONSENT CALENDAR

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

ADMINISTRATIVE SERVICES ITEM - PERSONNEL

Receive and file Personnel Movement report for March 2007.

HEALTH & SOCIAL SERVICES ITEM - ALCOHOL AND DRUG

Approve FY 2006/2007 Funding Amendment to State Net Negotiated Amount Agreement for Alcohol and Drug Programs and authorize the CAO to execute the program documentation.

PUBLIC WORKS DEPARTMENT ITEM
Approve the "Agreement Between the County of Lassen and Susanville Indian Rancheria" for Cultural Resource Monitoring for Skyline Road East; and authorize the Director of Public Works to sign the Agreement upon approval by County Counsel.

Award bid to Miller's Custom Work, Inc., Susanville, in the amount of $53.25/ton (not to exceed 3500 tons or $199,887.19 w/tax) for the Susanville and Standish areas; to Sierra Cascade Aggregate and Asphalt Products, Chester, in the amount of $52./ton (not to exceed 1500 tons or $83,655. w/tax) for the Westwood area; and to Eagle Peak Rock and Paving, Inc., Alturas, in the amount of $52./ton (not to exceed 1000 tons or $55,770. w/tax) for the Bieber area for "Asphalt Concrete (1/2" max. med. PG Grade 64-10)," the lowest bidders meeting the requirements considering transportation costs to haul the material from the plant to the individual job sites.

MISCELLANEOUS CORRESPONDENCE ITEMS
Receive and file the following correspondence:

a.   Susanville City Council meeting agenda for April 18, 2007.

b.   PSA 2 Area Agency on Aging Advisory Council meeting agenda for April 27, 2007.

COMMUNITY DEVELOPMENT COMMISSION

(Convene as Community Development Commission)

 

It is moved by Supervisor Hanson, seconded by Supervisor Keefer and carried to approve the Exclusive Negotiation Agreement with Towne Development of Sacramento, Inc., for the development of a portion of Offering A, as described in the Local Reuse Authority Request for Qualifications dated September 15, 2006, Herlong Mixed-use Development project, and authorize the CAO to sign.

(Adjourn and reconvene as Board of Supervisors)

PROBATION DEPARTMENT – BID
Chief Probation Office
Roy Thiels presents information on the Group Home Remodel Construction project.  The proposed lease agreement is with Environmental Alternatives (EA) for the remodeled old juvenile hall facility.  The agreement for the group home services is also with EA.  The bid for the construction project is with DML Construction, Verdi, NV.  EA Co-Executive Director Tim Wilkinson explains the process of arriving at rental costs.  

It is moved by Supervisor Pyle, seconded by Supervisor Keefer to approve lease with Environmental Alternatives (EA) for remodeled old juvenile hall facility; approve Agreement with Environmental Alternatives for group home services; and approve award of bid for the Group Home Remodel Construction Project to DML Construction, Verdi, NV, the lowest bidder meeting the specifications in the amount of $102,974; and authorize the Public Works Director to authorize Contract Change Orders up to an amount of “not-to-exceed” 10% or $10,294.  Funding is available within the Criminal Justice Facility Construction Budget, Fund 126.   The motion is carried on a roll call vote with Supervisor Dahle voting NO and Supervisor Chapman absent.

(CAO Ketelsen absent 12:01 – 12:04 p.m.)

ADMINISTRATIVE SERVICES – PERSONNEL
Personnel Director Ron Vossler presents information on the effort to bring nursing positions in line with the current market. 

It is moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to approve the reclassification of the position of Psychiatric Nurse, UPEC, Mental Health Department, H&SS, from Range 24, to Psychiatric Nurse I/II, Range 25/27, UPEC, and approve the new job description for Psychiatric Nurse I/II, Range 25/27, UPEC.

CHILD SUPPORT SERVICES
Child Support Services Director Beth Hyde presents information on her request to approve the layoff of the Office Manager and approve additional conversion monies.  A letter of support to the State is being requested by the California Directors Association asking for a 3.5% increase at local levels as the State passed a 3.5% cost of living raise for their people.

 

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried on a roll call vote with Supervisor Chapman absent to approve layoff of the Child Support Services Office Manager and approval of additional conversion monies; and request approval of letter to State regarding additional funding for Local Child Support Agency and authorize the CAO to sign.

 

HEALTH & SOCIAL SERVICES - MENTAL HEALTH
Information is presented by Director of Mental Health Services Ken Crandall on request for additional positions to implement
hiring of sufficient staff to get services out to more remote communities.


It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to approve the addition of one FTE Mental Health Services Act (MHSA) Therapist Supervisor, two FTE Mental Health Therapists, two Mental Health Case worker positions, one FTE Senior Administrative Clerk and one FTE Administrative Assistant/Fiscal Officer, all within the existing county job descriptions and pay classifications.

OFFICE OF EMERGENCY SERVICES
Emergency Services Officer Chip Jackson presents information to the Board on the request to purchase a Specialty Vehicle that  will serve as a mobile command post and will meet Interoperability Communications needs.

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to authorize the purchase of a Specialty Vehicle for Interoperability Communications/Command Post from Frontline Communications Proposal #GLL041207 in the amount of $231,558.12 from the Emergency Services Trust Fund 136 to be reimbursed by Homeland Security.

 

BUDGET AND LEGISLATIVE COMMITTEE
CAO
Ketelsen reports on the April 10 Budget, Legislative and Facilities Planning Advisory Committee meeting.   The committee agreed to accept the responsibility of outside annual audit oversight to the Budget, Legislative and Facilities Planning Advisory Committee. 

It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to adopt Resolution No. 07-021 changing the charge of the Budget and Legislative Committee to Budget, Legislative and Audit Committee.

CAO Ketelsen discusses SAS112, a new auditing standard that may require Lassen County compliance and is being monitored.

Letters of support will be written on legislative issues that do not seem to be controversial.  SB 878 Cox is a very helpful bill if it passes.  Will look for Budget Committee recommendation on whether or not to do a professional report showing actual impacts prison have on the County. 

Supervisor Hanson states Paul Smith from RCRC requests the Board of Supervisors write a letter of support for SB 878.  CAO Ketelsen states he will write a letter under his signature and bring back one for the Board.

There being no further business, the meeting is adjourned at 12:25 p.m. in memory of Warren Chapman, long-time community member and teacher.

 

 

                                                                 _____________________________________

                                                                  CHAIRMAN OF THE BOARD OF SUPERVISORS

 

ATTEST:

 

____________________________________

JULIE BUSTAMANTE, CLERK OF THE BOARD