BOARD OF SUPERVISORS
The Lassen County Board of Supervisors convenes
in Regular Session on
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 as a result of last
night’s joint meeting on the swimming pool JPA the Board could, by a 4/5 vote, agendize
for this meeting the appointment of a
Board member to participate in discussions regarding the JPA. The Board states it is not an urgent issue
and should be put on the next agenda.
Supervisor Keefer requests that Item H1 discussing
Title II and Title III funding be heard after the
It is moved by Supervisor Hanson, seconded by
Supervisor Keefer and carried to approve the agenda with the noted change.
PUBLIC COMMENT
Poet Laureate Violet Stout reads her poem titled
“Wake Up”.
UNAGENDIZED BOARD REPORTS
1. Supervisor
Chapman notes the agenda does not have an item concerning the Dyer Mountain
Development Agreement; he thought that was supposed to be done by the 15th and
would be available to review today. CAO
Ketelsen states the Board provided the deadline of the 15th, but today’s
agenda was put together on the 14th; the item will be on the next agenda.
2. Supervisor
Keefer states he attended the Fair Advisory Board meeting June 12, and everyone
is getting ready for the fair. He
believes Todd Eid will be an excellent addition to the Board. The Fair Board brought up the possibility of
developing a mobile home park on fairground property, as discussed at the last
joint meeting with the Supervisors. It
had been suggested that there could be an option of using Community Development
Block Grant funds and he would like staff to bring a report back on that issue. He states he is concerned with today’s agenda
item that turns back $300,000 of Community Development Block Grant funds to the
State.
3. Supervisor
Chapman mentions that the issue of a housing project off
4. Supervisor
Hanson states he and Supervisor Keefer attended the Air Board meeting on June
12. He states there are some challenges
for
5. Supervisor
Hanson reports he and
6. Supervisor
Hanson designates $750 from his remaining funds to the “Let Us Remember
Committee”.
7. Supervisor Hanson reports that in early
May the County was contacted by the California Department of Corrections (CDC)
on their ongoing analysis of the financial impacts of prison expansion to
communities. Supervisor Hanson and CAO
Ketelsen met Dr. Loren Parks of Chico, a
contractor for CDC who will be in the community talking to various government
and private entities trying to get information on prison impacts.
8. Supervisor
Dahle reports he received two letters that are in the Passaround file for the
Supervisors to review: one letter is from
9. Supervisor
Dahle states the Big Valley Days celebration will be held this weekend. Big Valley’s Junior Fishing Derby was held
last weekend.
10. Supervisor
Dahle donates $200 to the Pitt River Rod and Gun Club from his discretionary
funds; states they do a great job putting on the Fishing Derby.
11. Supervisor
Dahle will be attending Regional Council of Rural Counties (RCRC) monthly
meeting tomorrow. The budget hearing
will be held today after lunch.
(Convene as the
It is moved by Supervisor Keefer,
seconded by Supervisor Hanson and carried to continue sponsorship of $3,500 for
the July 4, 2007 Free Fireworks Celebration.
(Adjourn
and reconvene as Board of Supervisors.)
CONSENT CALENDAR
It is moved by Supervisor Pyle, seconded by Supervisor
Hanson, and carried to take the noted action on the following Consent Calendar
items:
MINUTES
Approve minutes of
PROPOSITION 65 REPORT
Receive and file report #07-01,
filed by Mike Whipple, R.E.H.S. Environmental Specialist III, on
AUDITOR & TREASURER
DEPARTMENTS ITEM - REPORT
Receive and file Treasurer's Fund
Balance Report and Auditor's verification for the month of May, 2007.
HEALTH & SOCIAL
SERVICES ITEM - FISCAL
1)
Approve the lowest conforming bid submitted by Willits Motors for two
(2) Transport Mini Vans at the total cost of $49,822.76. 2)
Approve the bid submitted by Susanville Ford for a Sport Utility Vehicle
for a cost of $23,530.65.
TREASURER/TAX
COLLECTOR ITEM - REPORT
Receive and file Treasurer's
Investment Report for May, 2007.
MISCELLANEOUS CORRESPONDENCE ITEMS
Receive and file the
following correspondence:
a. Lassen
County Air Pollution Control District Governing Board meeting agenda for
b.
Susanville City Council meeting agenda for
c. PSA 2 Area
Agency on Aging Public Notice Calling for Letters of Intent 2007/2008 Older
American's Act & Older Californian's Act Funding and Public Service
Announcement regarding Health Insurance Counseling and Advocacy Program
(HICAP).
COMMUNITY DEVELOPMENT COMMISSION
(Convene as Community Development Commission.)
ECONOMIC DEVELOPMENT / HOUSING
Chief of Economic Development
It is moved by Supervisor Hanson
to introduce, by title only, Ordinance No.560-A containing a description of the
Lassen County Community Development Commission's (CDC) Program to acquire real
property by eminent domain in the boundaries of the Sierra Army Depot
Redevelopment Project Area, and includes in the motion a change to the wording in the ordinance stating that the
Board of Supervisors is sitting as the Community Development Commission. It is seconded by Supervisor Pyle, carried on
a roll call vote with Supervisor Chapman voting NO.
(Adjourn and reconvene as Board of
Supervisors.) NOTE: This item is discussed further later in this
meeting.
COMMUNITY DEVELOPMENT DEPARTMENT - ECONOMIC DEVELOPMENT / HOUSING
Community Development Director
The Board is being asked to disencumber the funds and return them to the
State. Mr. Montgomery states he will be
coming back to the Board in the near future with a plan for reorganizing the
department and they would be working towards making sure future plans would
have enough time and resources to move forward.
CAO Ketelsen states the Department has collected some money due to the
County for this program.
It is moved by Supervisor Keefer, seconded by Supervisor Hanson and
carried unanimously to disencumber $300,000
that was granted for Business Assistance and Micro Enterprise Assistance for
the 2004/2005 Community Development Block Grant Economic Enterprise Fund
(04-EDBG-1032).
Recess
Chairman Dahle makes the following presentations
for years of service:
5 Year coffee mug: CAO John Ketelsen (not agendized)
15 Years: David Schmidt (Sheriff) and Betty Trevitt
(LassenWorks)
25 Years: Xuyen Taylor (Public Works)
ALCOHOL AND DRUG ADVISORY
BOARD - APPOINTMENT
It is moved by Supervisor Keefer,
seconded by Supervisor Hanson and carried to reappoint Thomas I. Robinson to
fill the vacancy on the Alcohol and Drug Advisory Board, created by the
expiration of appointed term.
SHERIFF'S DEPARTMENT - CALIFORNIA MULTI-JURISDICTIONAL
METHAMPHETAMINE ENFORCEMENT TEAM
Sheriff Steve Warren presents
information regarding the California Multi-Jurisdictional Methamphetamine Enforcement
Team money previously presented to the Board.
Chairman Dahle asks if this will involve a campaign to educate young children;
feels young school children should be targeted. Sheriff Warren states there is money in a
task force grant that is specified for that purpose and it can be integrated
with the Cal-MMET flex money which is discretionary. Further discussion is held. Chairman Dahle states parents also need to be
educated and he would like to see a county-wide campaign that is able to teach
parents and kids about methamphetamine, how addictive it is and what it does to
them.
It is moved by Supervisor Chapman, seconded by Supervisor Hanson and carried
unanimously to authorize the Sheriff of Lassen County to participate in the
Cal-MMET program in partnership with Siskiyou, Plumas, Modoc and Trinity
Counties, and authorize the additional full time Deputy Sheriff/Investigator
position (Range 17 POA) to the existing Narcotics Task Force budget unit
(182-0536).
INFORMATION FOR THE BOARD
CAO
County Counsel Settlemire states legislation set
a June 30, 2007 deadline for transfer of the physical court facilities from the
County to the State; only about 100 courthouse facilities have been transferred
to date. The County has often had to
wait for the AOC to provide transfer documents and procedures and a lot of time
has been spent negotiating language. Mr.
Settlemire states it is a fairly complex process but he should be able to give
a further update at the next meeting.
Supervisor Chapman asks where the court
facilities stand regarding State budget funding. CAO Ketelsen states he has reason to believe
that if this can be completed fairly quickly
Recess
BOARD OF SUPERVISORS - SUPERVISOR KEEFER
Supervisor Keefer discusses the
If there is money left
in Title II at the end of September, it reverts back to the federal government;
Title III money can be kept. Further
discussion is held. Chairman Dahle
states the RAC should be activated and review what projects are presented. Supervisors Pyle and Chapman agree.
ECONOMIC DEVELOPMENT / HOUSING (Continued)
CAO Ketelsen reports that
PUBLIC HEARING – COMMUNITY DEVELOPMENT DEPARTMENT
- PLANNING DIVISION - McCAIN – Continued
Chairman Dahle re-opens the Public Hearing at
Mr. McCain thanks Mr. Settlemire for the work he
has done on this item. He states that he
disagrees with Mr. Settlemire’s conclusions that the serial lot line
adjustments are legal as long as they are not done to circumvent the
Subdivision Map Act or to avoid infrastructure.
Supervisor Keefer asks Mr. McCain if he is willing to waive the time
line for requirements in order to obtain an Attorney General opinion. Mr. McCain replies he is not as it could take
a long time. He does suggest the Board
request an Attorney General opinion no matter what the disposition of this
matter. Mr. McCain states this
particular application is up for decision as to which way the law should be
interpreted, but the County will not be causing any problem by granting this
deal. Supervisor Chapman agrees the
Board should request an Attorney General opinion and feels this process has
brought to light some major problems with TAC and would like a workshop or an
ordinance regarding how TAC is structured and how the members are
appointed.
Jim McCarthy, Gold Run Realty: Mr. McCarthy states this is a matter of
policy and what we think the intentions are of the lawmakers of that
policy. This law specifically grants
some protections to people that are trying to do just four parcels so they
don’t have to jump through a million hoops.
TAC has to follow their guidelines and then they get their lot line
adjustment. It does not say that the TAC
cannot treat larger amounts of property the same way; it doesn’t exclude five
parcels. It says when there are four parcels
or less you are going to streamline the process and you will follow the written
rules. Mr. McCarthy states it is his
understanding that the TAC approved this matter and that is where it should
stay. He feels another attorney could have easily written and supported Mr.
McCain’s arguments. States there needs
to be some certainty in planning and the law needs to be followed as written;
does not feel it is Counsel’s job to advocate for one position over another
when it is a policy issue.
Rocky Joy, ERA Joy Realty: Mr. Joy states he agrees with Mr. McCarthy. His concern
is this is more of an interpretation by an
attorney and while Mr. Settlemire did a good job with his interpretation,
another attorney may have a different interpretation of what this is meant to
say. His biggest concern is this may set
a precedent for other issues down the road.
Chairman Dahle closes the public comment at
Supervisor Keefer states he does not feel the
legislation is clear on whether serial lot line adjustments are allowed or not
and without an Attorney General opinion, it is a difficult decision for the
Board. He feels the Board should reverse
the Planning Commission action and uphold the TAC’s approval on the condition
that an Attorney General opinion is requested.
Supervisor Dahle states that if that becomes a motion he thinks they
need to immediately move on giving some policy to TAC. He agrees with Mr. McCain that this project
is not that big of a deal. Supervisor
Chapman states he would be in support of Supervisor Keefer’s approach but would
also request an Attorney General opinion and requests the Board establish a
review process of how projects such as lot line adjustments and certificates of
compliance are handled. Supervisor
Hanson states if those two things are done it will avoid this setting a
precedent. Supervisor Pyle does not see
the issue as a policy decision but as a legal opinion and agrees with
It is moved by Supervisor Keefer to reverse the Planning
Commission’s action upholding the Technical Advisory Committee approval of the lot
line adjustment and that we proceed with a request for an Attorney General
opinion on this issue and review the TAC process. Supervisor Chapman seconds the motion and it
is carried on a roll call vote with Supervisor Pyle voting NO.
U.
Lassen National Forest Supervisor Laurie Tippin presents
an update on access in travel management, known as Route Designation on the
Lassen National Forest (LNF). On June 5
she signed a decision memo issuing a temporary forest closure order that
restricts motorized vehicles to existing roads and trails on the LNF for a
period that will extend until she makes a decision on what is the access and
travel management transportation system for the LNF. (Supervisor Hanson is
absent
The next phase of the planning effort to
designate motorized vehicle routes on the LNF will be public meetings held July
14 at the Memorial Hall in
Supervisor Hanson asks approximately how many meteorological “met” towers has the Forest Service permitted. Eagle Lake District Ranger Bob Andrews replies
there are three towers up and they can be seen in the evening when the sun
reflects off of them. A fourth tower potentially
depends on a plant survey. There is no
option on leasing land and no exclusive use or right to the first company that
comes in. Mr. Andrews explains that the
three towers that are there now do not generate electricity, they measure wind
speed, duration, timing and to gather information to determine the potential
for big towers that might come later.
Supervisor Keefer
explains to Ms. Tippin that the Board previously talked about the Title II and
Title III money and that the Board has decided to reactivate the RAC and put
some money back into Title II. Further
discussion is held.
Mr. Andrews, who is
retiring in June, states it has been a pleasure working with the Supervisors
the last 18 plus years as District Ranger; a lot of great projects have been
accomplished and he appreciates the support of the Board.
ADJOURNMENT IN MEMORY
There being no further business, the meeting is
adjourned at
_____________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
____________________________________
JULIE BUSTAMANTE, CLERK OF THE
BOARD