clerk

BOARD OF SUPERVISORS

APRIL 25, 2006

The Lassen County Board of Supervisors convene in Regular Session at 9:03 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 9:04 a.m. for:

Conference with Labor Negotiator John Ketelsen: May include the following bargaining units - a) Lassen County Peace Officers Assn. (LCPOA), b) United Public Employees of California (UPEC) c) Lassen County Road Workers Assn. (LCRWA), d) Mid-Management, e) Lassen County Peace Officers Assn. Management Unit (LCPOAMU), and f) Management; and

Conference with real property negotiator: a) Location - Property located on Fairgrounds Road, Susanville, (A.P.N. 105-320-14); b) Negotiator - CAO John Ketelsen; c) Subject - terms of acquisition. Government Code Section 54956.8.

Present in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer John Ketelsen, Personnel Director Ron Vossler, Auditor Karen Fouch, Fair Manager Jim Wolcott and County Clerk Theresa Nagel. Supervisor Chapman is absent. Jim Wolcott departs at 9:21 a.m. Closed Session is recessed at 9:53 a.m.

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, April 25, 2006, at 9:57 a.m. Present: Supervisors Robert Pyle, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer (CAO) John Ketelsen and County Clerk Theresa Nagel. Supervisor Chapman is absent. 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:

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

CAO Ketelsen requests that Item G-4, Public Health Services, be removed from the consent calendar and heard under Department Reports. Also requests that Item H-1, Probation Department restructure, and Item H-6, Child Support Department layoffs, be heard early in the meeting to allow staff to leave.

County Clerk Nagel states that Items G-5 and G-6, parcel maps, are not ready for approval and need to be pulled from the agenda.

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

PUBLIC COMMENT

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

ADMINISTRATIVE SERVICES - PERSONNEL - PROBATION DEPARTMENT

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to approve restructuring of positions in the Probation Department to improve efficiency and establish two distinct Probation Divisions - Adult Probation and Juvenile Probation:

Abolish (4) four positions: Assistant Chief Probation Officer, (Range 26, Mid-Management); Supervisory Deputy Probation Officer (Range 23, Mid-Management) - two positions; Probation Assistant (Range 13, UPEC) - one position.

Establish and approve the job description for two positions: Assistant Chief Probation Officer (Range 26, Mid-Management ) - Adult Division; and Assistant Chief Probation Officer (Range 26, Mid-Management) - Juvenile Division.

Increase the number of currently established positions: Probation Officer I/II (Range 15/17, UPEC) by one position; and Legal Clerk (Range 12, UPEC) by one position.

CHILD SUPPORT SERVICES

It is moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to approve request to lay off two positions: Child Support Services Supervisor and Child Support Services III/Special Projects to meet 2006/2007 budget for Child Support.

PUBLIC HEARING - PUBLIC WORKS DEPARTMENT

The public hearing is opened at 10:07 a.m. to consider acquisition of Perpetual Conservation Easement for Robinson Canyon Wetland Mitigation Site.

Public Works Director Larry Millar presents the staff report. No one speaks in favor of or in opposition to the acquisition and the hearing is closed at 10:15 a.m.

Supervisor Hanson is not satisfied the procedure chosen by the City to pick the property for the wetland mitigation was necessarily fair and open and he is uncomfortable with the mitigation procedure although he does not want any further delays to the Skyline Road Project. Supervisor Keefer shares these feelings and will probably support the acquisition but with reservations - if the mitigation is delayed it will delay Skyline Road. Supervisor Dahle states the County turned the project over to the City and it ended up coming back to the County - we need to get Skyline Road built to lessen the traffic on Main Street. Hopefully in the future we will do a better job.

It is moved by Supervisor Dahle, seconded by Supervisor Keefer and carried on a roll call vote, with Supervisor Pyle voting NO, to approve the Right of Way Contract-Perpetual Conservation Easement with Treses J. and Debra L. Vackar and F. Scott and Patricia K. Ulch and authorize the Chairman to sign.

PUBLIC HEARING - ABATEMENT WILLIS

The public hearing is opened at 10:22 a.m. to consider the administrative abatement of four extremely dilapidated substandard dwellings on property owned by Ken Willis, Patty Willis, John Willbrand and Lisa Willbrand. The property is located at 200 and 208 Cedar St., Westwood (A.P.N. Nos.: 125-173-05 and 125-173-07). The abatement is being considered due to the owners' failure to either repair the dwellings to current code standards or demolish and remove them.

The County Clerk administers the oath to Code Enforcement Officer Lewis Dean, Building Official Steve Fuller and Community Development Director Robert Sorvaag for testimony they may give before the Board of Supervisors.

Code Enforcement Officer Lewis Dean presents the staff report. County Counsel Craig Settlemire asks questions about the calculations of the administrative costs and Mr. Dean responds that he calculated the mailing, travel and personnel costs, etc. which total $549.47.

No one speaks in favor of or in opposition to the abatement and the hearing is closed at 10:32 a.m.

It is moved by Supervisor Keefer, seconded by Supervisor Dahle and carried unanimously, on a roll call vote, to adopt Resolution No. 06-026, directing staff to administratively abate by demolition and removal of four extremely dilapidated substandard dwellings; and assessment of abatement and administrative costs as provided in Chapter 1.18 of the Lassen County Code.

PUBLIC HEARING - ABATEMENT SHAFFER

The public hearing is opened at 10:34 a.m. to consider the administrative abatement and removal of a collapsed accessory building, trash, and miscellaneous junk items on a property owned by James Shaffer, Cynthia Nishioka, and Orene Nishioka located at 463-740 Main Street, Janesville. The abatement is being considered due to the owners' failure to either repair or demolish the collapsed accessory building and remove trash and junk.

County Counsel Craig Settlemire asks Mr. Dean about the procedure used to provide notice to the property owner. Mr. Dean responds the notice on page 11 of the Board packet was sent to the owner by certified mail with return receipt and also hand-delivered. He submits the certified mail return receipt to the Clerk as evidence.

Code Enforcement Officer Lewis Dean presents the staff report.

The County Clerk administers the oath to John Hacker for testimony he will give before the Board of Supervisors. Mr. Hacker speaks in favor of the abatement.

The County Clerk administers the oath to Peter Hartdegen for testimony he will give before the Board of Supervisors. Mr. Hartdegen speaks in favor of the abatement - notes there has been some clean-up to the property but it is still an eyesore and it has hampered the sale of his property.

The County Clerk administers the oath to James Shaffer and Orene Nishioka for testimony they will give before the Board of Supervisors. Mr. Shaffer states he has been working on the clean-up of the property this past weekend and asks for a ninety day extension. Orene Nishioka states she is James Shaffer's step-daughter and wants to save her dignity - with a ninety day extension she would be able to do so by getting the property cleaned-up. She states that living in Reno makes it difficult to get the work done.

The hearing is closed at 10:49 a.m.

Supervisor Keefer states this is one of the worst pieces of property on Main Street in Janesville and letters have been written over the past two years informing Mr. Shaffer of the need to clean-up the property. He is willing to give an extension but the property needs to be completely cleaned at the end of the extension.

Supervisor Dahle suggests a sixty day extension and feels it would benefit the owners and save the County abatement funds for use on other properties.

It is moved by Supervisor Keefer, seconded by Supervisor Dahle and carried unanimously, on a roll vote to adopt Resolution No. 06-027, directing staff to administratively abate the collapsed accessory building, trash, and miscellaneous junk items by removal and assessment of abatement and administrative costs as provided in Chapter 1.18 of the Lassen County Code, if the property is not brought into full compliance prior to June 24, 2006.

Recess 10:55 - 11:03 a.m.

PUBLIC HEARING - DEOCA/MILLER

The public hearing is opened at 11:03 a.m. on General Plan Amendment #765.01.16, Mitigated Negative Declaration, Rezone and Parcel Map applications #2005-122, DeOca/Miller: to change the land use designation and rezone the proposed residential parcels from Resort to Rural Residential and from R-S (Resort) to A-2-B-20 (Agricultural Residential, Building Site Combining District, 20 acre average parcel size); and divide the 149 acre parcel into four parcels ranging from 15 to 30 acres, and a 60 acre remainder. The remainder is not included in the General Plan Amendment or rezoning. The project is located at 548-335 Old Highway Road, 4 miles northeast of Pittville. A.P.N.: 013-020-18.

Planner Joel Rathje presents the staff report. No one speaks in opposition and Barbara DeOca speaks in favor. The hearing is closed at 11:07 a.m.

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried unanimously, on a roll call vote, to adopt Resolution No. 06-028, adopting Mitigated Negative Declaration #2005-122, and approving General Plan Amendment #765.01.16 and Parcel Map #2005-122, DeOca/Miller subject to conditions; introduce and adopt, by title only, Ordinance No. 467A-348, DeOca/Miller, reclassifying certain lands in the unincorporated area of the County of Lassen as to zoning regulations.

PLANNING DIVISION - WILLIAMSON ACT CONTRACT 2005-045, JOHNSON, JOHNS, FOX

Planner Rick Simon presents information on Williamson Act Contract 2005-045, William Johnson, Gary Johns, and Anthony Fox, to rescind and enter into new Williamson Act contracts on resultant parcels of Lot Line Adjustment 2005-045. The property is located approximately 20 miles south of Adin and 4 miles northeast of the intersection of Highway 139 and Termo Grasshopper Road (Co. Rd. 513). A.P.N.(s): 029-030-15-& 14; 029-040-10.

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to adopt Resolution No. 06-029, adopting the Land Conservation Committee findings, rescinding portions of Williamson Act contracts AA-70 & 120 and authorizing execution of two new Williamson Act contracts on the adjusted parcels resulting from Lot Line Adjustment 2005-045.

PIT RESOURCES CONSERVATION DISTRICT

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to appoint John Rogers to fill a vacancy on the Pit Resource Conservation District Board of Directors.

ALCOHOL AND DRUG ADVISORY BOARD

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to accept resignations of Angela Baccelli and Jill Miller from the Alcohol and Drug Advisory Board.

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 18, 2006.

ADMINISTRATIVE SERVICES ITEM

Receive and file Personnel Movement report for March, 2006.

AGRICULTURAL COMMISSIONER ITEM

Approve FY 2006/2007 contract with California Department of Food and Agriculture for petroleum and weighmaster inspection and enforcement in the amount of $1,950, and authorize Chairman to sign.

PUBLIC WORKS DEPARTMENT ITEMS

Approve the $50,384 apportionment of County's share of FY 2004/2005 Local Transportation Funds (LTF) and direct Staff to submit claim to Lassen County Transportation Commission (LCTC).

Adopt Resolution No. 06-024, approving the execution of Program Supplement Agreement No. 002-M2, Rev. 2 to Administering Agency-State Agreement No. 02-5907 for the construction of Skyline Road Extension; and authorize the Chairman to sign.

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. Alcohol and Drug Advisory Board meeting agenda for April 18, 2006, and minutes of March 28, 2006.

b. Lassen County Fair Advisory Board meeting agenda for March 14, 2006.

c. Susanville City Council meeting agenda for April 19, 2006.

d. Lassen County In-Home Supportive Services Advisory Board meeting agenda for May 3, 2006, and unapproved minutes of April 5, 2006.

QUAD COUNTY MEETING

Board members discuss the request from Sierra County for confirmation of attendance and items to be placed on agenda for Quad County meeting on July 10, 2006 at Loyalton Social Hall, Loyalton, CA. It is noted that July 10th will not work for Lassen County and alternative dates of May 24th or 26th are suggested. Items for the agenda: Schools and Roads Funding; Regional Solid Waste; and AB 885, Statewide Sewage Disposal Regulations.

AB 885 SEPTIC TANKS UPDATE

Environmental Health Officer Doug Ames provides an update on AB 885 Statewide Sewage Disposal Regulations and reviews seven items of greatest concern.

Direction is given to place on the next agenda letters of concern about AB 885 to be sent to our state legislators.

HEALTH & SOCIAL SERVICES - PUBLIC & ENVIRONMENTAL HEALTH

Health and Social Services Director Kevin Mannel provides information on contracting with the State for public health services and the desire to convert to an all county workforce for a better quality service to the public.

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to approve the Notice of Intent to Discontinue the Department of Health Services (DHS) Local Public Health Services Program Agreement and authorize the Deputy County Administrative Officer to send an official letter.

ECONOMIC DEVELOPMENT/HOUSING - BIG VALLEY POOL

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to adopt Resolution No. 06-025, to accept pass through of $220,000 in Per Capita Grant Program funds from the Big Valley Recreation District for construction of the Big Valley Pool House.

ECONOMIC DEVELOPMENT/HOUSING - ORDINANCE NO. 565

It is moved by Supervisor Keefer, seconded by Supervisor Dahle and carried unanimously, on a roll call vote, to adopt, by title only, Urgency Ordinance No. 565, adding Section 9.32.102 to Title 9 of the Lassen County Code, establishing requirements for entering into leases and licenses of County property without competitive bidding (in compliance with amended California state law) if the lease or license amount is limited to $10,000 per month and a term of up to ten years, and delegation of authority to county officers not to exceed five years to execute such leases and licenses, with the ordinance taking effect immediately upon its passage.

HEALTH & SOCIAL SERVICES ANNUAL REPORT

Health and Social Services Director Kevin Mannel presents and reviews the 2005 Health and Social Services Annual Report which is resource material. He draws attention to the client success stories and the quality improvement section.

ENDANGERED SPECIES ACT REFORM

It is moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to adopt Resolution No. 06-030, in support of updating Endangered Species Act Reform.

UNAGENDIZED BOARD REPORTS

1. Supervisor Keefer announces the Southern Oregon/Northern California Fire Conference is being held this week in Susanville and he will be speaking at the opening of the conference.

2. Supervisor Hanson notes he attended the candidate's night in Herlong.

3. Supervisor Dahle provides new information on the Amador Plan - State will go to year round fire protection which will decrease the cost of the Amador Plan; notes there will be hearings on roadless areas in Shasta County, September 12 - 14, 2006; states there is a need to oppose agriculture waiver fees; reminds everyone of the Big Valley Farm Auction on April 29th.

There being no further business, the meeting is adjourned at 12:03 p.m.

__________________________________________

CHAIRMAN OF THE BOARD OF SUPERVISORS

ATTEST:

_______________________________________

THERESA NAGEL, CLERK OF THE BOARD