BOARD
OF SUPERVISORS
JUNE
17, 2003
The
Lassen County Board of Supervisors convene in Regular Session at 9:04 a.m. Vice-Chairman Hanson 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 9:05 a.m. for: 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.
Present
in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, Brian Dahle,
and Jack Hanson; County Counsel John Ketelsen, County Administrative Officer
Andy Whiteman, Public Works Director Larry Millar, Personnel Director Lynne
Margolies and County Clerk Theresa Nagel.
Supervisor Chapman enters at 9:09 a.m.
Closed Session is recessed at 9:24 a.m.
The
Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday,
June 17, 2003, at 9:30 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 a 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 reportable
action because no agreement has been reached as of this point in time.
AGENDA
APPROVAL, ADDITIONS AND/OR DELETIONS
It is
moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to
approve the agenda as posted.
PUBLIC
COMMENT
1. Morning Glory Dairy owner Mike O'Kelly
informs the board members that the prisons have always said they honor the Good
Neighbor Policy of supporting local businesses.
Prison Industries (PI) has always issued a waiver to allow eggs and milk
to be purchased from his business, but they have decided they want to keep the
business for themselves even though it would violate the Good Neighbor
Policy. In 1993 and 1998 this same
action was proposed and Representative Leslie came to his aid and stopped
it. The cost to the prisons for his milk
is $.01 less than from Prison Industries and he sells eggs for $.42 a dozen
versus their cost of $.88 a dozen. It
will cost the two local prisons an additional $150,000 per year to purchase
from PI and he estimates an additional $50,000 for Pelican Bay. He notes this will put inmates to work and
his employees will be out of work.
Additionally he delivers 3, 4 or 5 times a week and PI will only deliver
2 times a week. Since there is not
enough storage room for this infrequent delivery the prisons will have to spend
more money to construct additional warehousing.
He asks the Board for help in protesting this action before it takes
place.
Supervisor
Hanson understands this is not the only commodity this is happening to.
Chairman
Chapman directs the CAO to prepare and place on the next agenda a letter to the
proper persons protesting this proposal.
2. Poet Laureate Violet Stout reads a poem
thanking the Recognition Committee for inviting her to the County Picnic.
3. Supervisor Keefer introduces Don Posten who
has assumed the position of CDF Unit Chief upon the retirement of Steve
Peterson. Mr. Posten briefly speaks to
the Board about his past assignments and experience.
UNAGENDIZED
BOARD REPORTS
1. Supervisor Dahle will attend RCRC on
Wednesday and Thursday. He requests that
Item H-4, building purchase, be heard after the board reports as there are
members of the public present for that item.
2. Supervisor Keefer reports the RAC held their
first meeting of this session last Thursday and will begin the next round of
Title II Grant reviews in September or October.
3. Supervisor Hanson speaks about the Mormon
Cricket invasion - worst in 60 years and have arrived in Doyle.
4. Supervisor Hanson reports the new warden for
the Federal Prison is scheduled to arrive in October and it is expected inmates
will begin arriving next April.
5. Supervisor Hanson discusses the Honey Lake
Conservation Team who will take over Honey Lake from the Army and will have it
for three or four years until the State is ready to take over.
6. Supervisor Hanson announces the Mental Health
Advisory Board met and are considering adding members.
7. Supervisor Hanson met with West Patton
Village CSD and the Army in reference to the Public Benefit Conveyance and they
have declared impasse. It may not sound
good but actually sometimes it's good because it will take the whole water and
sewer issue in a different direction and it may be better for everyone.
8. Supervisor Chapman thanks everyone that
participated in putting on the County Picnic last Friday.
9. Supervisor Chapman announces a forest tour
and fire safe council field trip will be held on July 29th. It will begin with a briefing at the Eagle
Lake Ranger District then proceed to the field trip. Forester Frank Stewart will attend and Plumas
County Supervisor Dennison was invited.
An invitation is extended to CDF Unit Chief Posten.
10. Supervisor Chapman reports on the CSAC meeting
and gives an update on what is happening with the State budget crisis. Discussions were held on the need to look at
restructuring California State Government as it is not working. He says don't expect a budget to be passed
soon because the focus now is on the recall of Governor Davis.
RECOGNITION
COMMITTEE - PRESENTATION
It is
moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to adopt
a Proclamation recognizing Norberto Cordoba upon his retirement from the Public
Works Department - Road Division.
Chairman
Chapman makes the following presentations:
Retirement
proclamation and plaque: Norberto
Cordoba (Public Works Department - Road Division);
Twenty
years: a desk clock to Keith Barnum (Sheriff's Department).
COUNTY
ADMINISTRATIVE OFFICE
It is
moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to
authorize the CAO to proceed with purchase of a 1236 sq. ft. commercial
building on .8 acres in Bieber (APN 001-161-09) in the amount of $42,400, and
execute necessary paperwork. Funds to be
paid from Economic Development Fund.
IN-HOME
SUPPORTIVE SERVICES ADVISORY BOARD
The
Board of Supervisors recess and convene as the In-Home Supportive Services
Public Authority.
It is
moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to appoint
Cynthia Olsen to fill a vacancy on the In-Home Supportive Services Advisory
Board.
Chairman
Chapman directs the CAO to place a letter to our legislators on the next agenda
opposing AB 1470, pay for In-Home Supportive Services.
The
In-Home Supportive Services Public Authority adjourns and the Board of
Supervisors reconvene.
CONSENT
CALENDAR
At the
request of the County Clerk, Chairman Chapman continues the minutes of June 10,
2003 to the next agenda.
It is
moved by Supervisor Pyle, seconded by Supervisor Hanson and carried to take the
noted action on the following Consent Calendar items:
ADMINISTRATIVE
SERVICES - PERSONNEL ITEM
Receive
and file Personnel Movement report for May, 2003.
COMMUNITY
DEVELOPMENT DEPARTMENT - PLANNING DIVISION ITEM
Receive
and file report from the Planning Commission: File No. 704.37, Lassen County,
Report on General Plan Conformity per Government Code §65402: Acquisition of 4
acres currently owned by Edward Barrera, for expansion of the County's
Janesville Park. The four-acre parcel is
located on the east side of Church Street and adjoins the existing park in
Janesville. APN 129-140-42.
PRISON
TRIALS COST REIMBURSEMENT PROGRAM ITEMS
Receive
and file Recap of CCC Prison Trials Cost Reimbursement Billing for the month of
May, 2003; and High Desert State Prison Trials Cost Reimbursement Billing for
the month of May, 2003.
PUBLIC
WORKS DEPARTMENT - SURVEYOR'S ITEM
Adopt
Resolution No. 03-050, to approve Parcel Map Waiver #2002-02, White.
MISCELLANEOUS
CORRESPONDENCE ITEM
Receive
and file the following correspondence:
a. Lassen County Air Pollution Control District
Governing Board meeting agenda for June 17, 2003, and minutes of May 20,
2003.
HEALTH
AND HUMAN SERVICES DEPARTMENT
It is
moved by Supervisor Pyle, seconded by Supervisor Hanson and carried on a roll
call vote, with Supervisor Chapman voting NO, to authorize increase in 2002/2003
budgeted revenues and expenditures:
1) to correct appropriations to show anticipated
revenues - Increase Revenues: Social
Services SI Tax - Sales and Use Taxes Revenue 166-0851-2000800 by $500,000;
Social Services SI Tax - Vehicle License Fee Revenue 166-0851-2007508 by
$30,000;
2) increase Expenditures: Social Services Realignment - Transfers Out
166-0851-3007000 by $530,000. (GASB 34 Conversion correction to correct
appropriation line to reflect the total amount already approved to be
transferred into funds 120 and 121 from the Social Services Realignment Trust
and additional revenue anticipated to be received and transferred out.)
BOARD
OF SUPERVISORS
It is
moved by Supervisor Dahle, seconded by Supervisor Pyle and carried to adopt
Resolution No. 03-051, supporting the Ash Creek Wildlife Area.
BUDGET
UPDATE
CAO
Whiteman reports he is currently going over the budgets with departments and
hearings are scheduled for July 8th and 9th.
INFORMATION
FOR THE BOARD
CAO
Whiteman reports he just found out that Progress House will not receive a
license from the Department of Health Services due to staffing problems. People with the appropriate credentials are
not willing to come to Herlong. The last
day of operation will be June 27th.
PUBLIC
HEARING - COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
The
public hearing is opened at 10:16 a.m. to solicit comments regarding submittal
of a grant application for $35,000 to be funded by the State Department of
Housing and Community Development (HCD) through the Community Development Block
Grant Program.
Community
Development Director Robert Sorvaag presents the staff report. No one speaks in opposition to grant
application. Scott McMillan, Standish
Hall owner, speaks in favor of the grant application and states they are
planning to develop a restaurant in the building. The hearing is closed at
10:19 a.m.
It is
moved by Supervisor Hanson, seconded by Supervisor Pyle and carried to adopt
Resolution No. 03-048, making an application for a feasibility analysis for
renovations to the Standish Hall and authorizing execution of contracts,
circulation of a Request for Proposals (RFP) and related documents, if funded.
COMMUNITY
DEVELOPMENT DEPARTMENT - PLANNING DIVISION
In
regard to General Plan Amendment #765.01.07 and Zoning Amendment #318.01.25,
Lassen County, amendments to Lassen County General Plan-2000, the Standish-Litchfield
Area Plan, and the "M-R" (Mountain Resort) zoning regulations, in
order to further the intent of the "Belfast Initiative"; remedy
inconsistencies between the "Belfast Initiative" and Lassen County
General Plan-2000 and the Standish-Litchfield Area Plan; and ensure
consistency between the "M-R" zoning regulations and those lands
affected by the initiative under a Williamson Act Contract, County Counsel John
Ketelsen informs the board members that an agreement has been reached with
Everd McCain on the revision to Section 19.1 of the amendments to General
Plan-2000, Standish-Litchfield Area Plan and "M R" Zoning
Regulations. He reviews the new
language.
Supervisor
Chapman asks Counsel if this needs to go back to the Planning Commission since
their recommendation has been changed.
Counsel responds it can be referred back but it is not necessary. Supervisor Chapman asks if the Planning
Commission expects their language would be changed and Counsel responds he does
not know what their expectations are, but when a recommendation is made it
should be expected the Board may make changes as it has the power to adopt,
reject or modify what is recommended.
Supervisor Chapman states that he just wants everyone to know this is a
variation from standard procedure. He
also wants to know if there is language included that gives the power to
interpret to any of the proponents as this seems to be what has occurred
here. Counsel responds there was the
choice of fixing the inconsistencies between the initiative, general plan and
area plan rather than have the initiative legally challenged as
inconsistent. There were also some
ambiguities in the initiative because the land was not taken out of the area plan
as was done with the Dyer Mt. Initiative.
Also there was a lack of definition of a Community Development Plan and
a need to have Section 19.1 mean something without doing violence to the
initiative. Supervisor Chapman asks for
an explanation of the wording: "In reviewing any proposal(s), as set forth
in subparagraph (b), submitted for approval, the County will defer, to the
greatest extent possible, decisions regarding location, use, density and
intensity of uses to the property owner(s)." Counsel responds that the
zone allows for a list of uses and a range of densities and intensities, for
instance the use, number and location buildings will be left to the owner(s) so
long as the zone permits what is proposed, but the County still has control
over anything that affects health, safety and welfare matters reflected in the
development standards, statutes, ordinances and regulations of the County,
State and Federal Government. Supervisor
Chapman realizes development must meet the State law and the County can say no
if it does not, but the interpretation of State law can become debatable (as
has happened before) and it can land in court.
Supervisor
Pyle wants to know why the Dyer Mt. Initiative is even mentioned in Section
19.1. He states each initiative should
stand on its own and there should be no reference to Dyer Mt. in regard to
Belfast. Counsel explains that both
initiatives make use of the "M R" Zone defined in the first
initiative and he goes on to explain that the reference is meant to explain that
the intent of 19.1 is to reconcile the objectives of both initiatives in such a
way as to be consistent with the General Plan.
Supervisor Pyle feels uncomfortable with this and wonders how the DMI
proponents feel about the proposed language that includes reference to their
project. He wants to keep any reference
to the DMI out of this document. Everd
McCain feels the language prepared is very workable and states that leaving the
DMI reference out of 19.1 would be fine.
It is
moved by Supervisor Hanson, seconded by Supervisor Keefer and carried on a roll
call vote, with Supervisor Chapman voting NO, to adopt Resolution No. 03-052,
which includes the adoption of General Plan Amendment #755.01.07, approval of
Zoning Amendment #318.01.25 and attachment of the new Section 19.1 language.
It is
moved by Supervisor Hanson, seconded by Supervisor Pyle and carried
unanimously, on a roll call vote, to introduce and adopt, by title only
Ordinance No. 467-AB amending the "M-R" Zone.
PUBLIC
HEARING - COMMUNITY DEVELOPMENT DEPARTMENT - ECONOMIC DEVELOPMENT DIVISION
The
public hearing is opened at 10:55 a.m. to solicit comments regarding submittal
of a grant application for $35,000 to be funded by the State Department of
Housing and Community Development (HCD) through the Community Development Block
Grant Program.
Community
Development Director Robert Sorvaag presents the staff report. No one speaks in opposition to the grant
application. West Patton Village
Community Services District representatives Arnold Young and Vivian Peterson
speak in favor of the grant application and the hearing is closed at 10:59 a.m.
It is
moved by Supervisor Hanson, seconded by Supervisor Pyle and carried to adopt
Resolution No. 03-049, making an application for a feasibility analysis for
water line rehabilitation in the West Patton Village Community Services
District (WPVCSD) and authorizing execution of contracts, circulation of a
Request for Proposals (RFP) and related documents, if funded.
CORRESPONDENCE
1. Correspondence from Lassen County Local
Agency Formation Commission with copy of Resolution 2003-04 adopting final
budget, is received and filed.
2. A letter from US Army District Engineer,
Colonel Michael J. Conrad, Jr. announcing opening of new office in Redding, is
received and filed. Supervisor Dahle
notes this office is taking a real aggressive position and explains a situation
that occurred in Plumas County relating to irrigation checks.
INFORMATION
FOR THE BOARD CONT.
CAO
Whiteman announces he found out last week the Carson Wandering Skipper was
located on land adjoining Honey Lake, that the County will be getting from the
Army.
UNITED
STATES FOREST SERVICE
Assistant
Forest Fire Management Officer Christi Whitcome is present to give a Fire
Program/Season Update. Fire season
officially started on June 1st and there have already been six fires (5 human
caused and 1 lightning caused). She
reviews new personnel assignments and reports the Chester Air Tanker Base
construction has been completed. The
Interagency Fire Center is scheduled to be occupied in Fall of 2003. She reviews the air support and other
resources available and status of lookouts that will be operational. There is an upcoming field trip and the
lookout situation will be discussed.
Supervisor Dahle feels it is very important to at
least staff lookouts when a lightning storm is predicted.
There
being no further business, the meeting is adjourned at 11:18 a.m.
__________________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
_______________________________________
THERESA
NAGEL, CLERK OF THE BOARD