BOARD
OF SUPERVISORS
JUNE
27, 2006
The Lassen County Board of Supervisors convene in Regular Session at
8:37 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 8:38 a.m. for:
Conference with Legal Counsel:
Initiating of litigation pursuant to Subdivision (c) of Government Code
section 54956.9: 1 case
Conference with real property negotiator: a) Location:
portions of Lassen County APNs 133-070-15, 133-080-60, 133-120-08, 10,
12; b) Negotiator: John Ketelsen; c) Subject: Lease and easements to United
States of America in connection with Amedee Airfield Improvement Project by
Army Corps of Engineers.
Employee performance evaluation:
County Counsel Craig Settlemire.
Present in the Closed Session are Supervisors Robert Pyle, Lloyd
Keefer, Brian Dahle, and Jack Hanson (enters at 8:39 a.m.); County Counsel
Craig Settlemire, County Administrative Officer John Ketelsen and County Clerk
Theresa Nagel. Supervisor Chapman is
absent. Community Development Director
Robert Sorvaag enters at 8:45 a.m.
Supervisor Chapman enters at 9:14 a.m.
Robert Sorvaag departs at 9:27 a.m. prior to Item #3. Closed Session is
recessed at 9:34 a.m.
The Lassen County Board of Supervisors reconvenes in Regular Session on
Tuesday, June 27, 2006, at 9:37 a.m.
Present: Supervisors Robert Pyle,
Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel Craig
Settlemire, County Administrative Officer (CAO) John Ketelsen and County Clerk
Theresa Nagel. Following the flag
salute, the invocation is offered by Supervisor Hanson.
ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION
The County Clerk announces the Closed Session dealt with:
Conference with Legal Counsel:
Initiating of litigation pursuant to Subdivision (c) of Government Code
section 54956.9: 1 case - no reportable action taken.
Conference with real property negotiator: a) Location:
portions of Lassen County APNs 133-07-015, 133-08-060, 133-12-008, 10,
12; b) Negotiator: John Ketelsen; c) Subject: Lease and easements to United
States of America in connection with Amedee Airfield Improvement Project by
Army Corps of Engineers - no reportable action taken.
Employee performance evaluation:
County Counsel Craig Settlemire - motion by Supervisor Hanson, seconded
by Supervisor Keefer and carried unanimously to give County Counsel Craig
Settlemire an excellent evaluation.
AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS
It is moved by Supervisor Hanson, seconded by Supervisor Keefer and
carried to approve the agenda as posted.
PUBLIC COMMENT
1. Emergency Services
Officer Chip Jackson provides a briefing on the 36 plus local fires yesterday -
Cheney Creek Incident was two fires that merged and really threatened
Susanville and the new subdivision at Maurino Manor - approximately 625 acres
is now 60% contained. More intense
thunder storms are expected this afternoon and outside assistance has been
called for. Fires in north county - 500
acres in Adin area and 100 acres in Bieber area. States we were very lucky with the two fires
near town that merged putting Susanville under immediate threat. Supervisor Chapman really appreciates the
great work done by everyone. Supervisor
Pyle was very impressed with everyone's dedication, coordination and hard
work. Supervisor Dahle states the word
really needs to get out in regard to defensible space and extra care with
fireworks.
2. June McCloud expresses
her concerns over the abatement fines of $1000 a day. She states you cannot destroy people's lives
to get money into the budget referring to a quote from a newspaper article on
the abatement fines. She refers to
people who are disabled, elderly and have lived here for 50-70 years and their
possessions are their prized possessions.
She lives on South Street at Cheney Creek Road and was out of town
during the fire yesterday - her family members went to her home to remove
valuables and help her 90 year old father, but when she returned she found they
had left behind an old shabby book that is a family history treasure. She uses this as an example of something that
is old and shabby but has great value to her.
States one man's junk is another man's treasure, and encourages the
board members to find out about people and their possessions before destroying
them with $1000 a day abatement fines.
COMMUNITY DEVELOPMENT COMMISSION
(Convene as Community Development Commission)
Economic Development Specialist Monica Cochran presents and answers
questions relating to the Community Development Commission budget for the
Fiscal Year July 1, 2006 to June 30, 2007.
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. 06-01 CDC, approving and adopting the Community Development
Commission budget for the Fiscal Year July 1, 2006 to June 30, 2007.
(Adjourn and reconvene as Board of Supervisors)
MENTAL HEALTH ADVISORY BOARD
It is moved by Supervisor Keefer, seconded by Supervisor Dahle and
carried to appoint Patricia Ferne to the Mental Health Advisory Board.
ALCOHOL AND DRUG ADVISORY BOARD
It is moved by Supervisor Dahle, seconded by Supervisor Hanson and
carried to appoint Robert Joseph to the Alcohol and Drug Advisory Board.
It is moved by Supervisor Chapman, seconded by Supervisor Dahle and
carried to: accept letter from Alcohol and Drug Prevention Coordinator Kathy
Oberst, stating Robert Pace has moved
out of state and requesting he be removed as a member the Advisory Board; and
authorize removal.
PSA 2 AREA AGENCY ON AGING
It is moved by Supervisor Chapman, seconded by Supervisor Keefer and
carried to approve and authorize the Chairman and County Clerk to sign a
Certificate of Amendment of PSA 2 Joint Powers Agreement relating to custody
and disbursement of agency funds.
CONSENT CALENDAR
Supervisor Dahle requests that Item G-3, purchase of mosquito abatement
products, be pulled for separate consideration.
It is moved by Supervisor Hanson, seconded by Supervisor Dahle and
carried to take the noted action on the following Consent Calendar items:
COUNTY CLERK ITEM
Approve Minutes of June 20, 2006.
ADMINISTRATIVE SERVICES ITEM
Receive and file Personnel Movement report for May, 2006.
AUDITOR & TREASURER DEPARTMENTS ITEM
Receive and file Treasurer's Fund Balance Report and Auditor's
verification for the month of May, 2006.
COUNTY COUNSEL ITEM
Adopt Resolution No. 06-044, transferring the Small Claims Advisory
Position to the Lassen County Superior Court.
HEALTH & SOCIAL SERVICES ITEMS
Approve and authorize the CAO to execute agreement documentation with
Laura Travis d.b.a. Medical Transcription Professionals for medical
transcription services.
Mental Health Department:
Approve and authorize the CAO to sign amendment to agreement
documentation with Davis Guest Home, Inc. for Mental Health Services in FY
2005/2006.
Approve and authorize the CAO to execute agreement documentation with
New Horizons Computer Learning Centers for Computer Classes.
Approve and authorize the CAO to execute the amendment to agreement
documentation with Charis Youth Center for Mental Health Services in FY
2005/2006.
Public and Environmental Health Division:
Approve and authorize the CAO to execute the agreement documentation -
Renegotiated Standard State Agreement for Local Public Health Services Program
for FY 2005/2006 - 2007/2008.
SHERIFF'S DEPARTMENT ITEM
Ratify the emergency purchase of a replacement motor plus installation
in the Sheriff's 2001 Jet Craft Safety and Enforcement Vessel. This expenditure will come from the equipment
line of the boating budget (111-0520-3006200).
The total price for repair job was $13,387.33, with no impact to General
or Public Safety Funds.
TREASURER/TAX COLLECTOR ITEM
Receive and file Treasurer's Investment Report for May, 2006.
MISCELLANEOUS CORRESPONDENCE ITEMS
Receive and file the following correspondence:
a. Lassen County Fair Advisory
Board meeting minutes of May 9, 2006.
b. Local Agency Formation
Commission of Lassen County (LAFCO) Resolution 2006-06 adopting a final budget
for 2006/2007; and the adopted final budget.
c. Big Valley Community
Alliance Inc./Big Valley Family Resource Center May 2006 Report.
Recess 10:11 - 10:15 a.m.
PUBLIC HEARING - ABATEMENT, MADSEN
The public hearing is opened at 10:15 a.m. to consider the
administrative abatement of two dilapidated, non-permitted buildings and
miscellaneous junk items on property owned by Soon Ok Madsen located at 436-340
Susan Drive, Doyle, (Assessor's Parcel No. 141-080-04). The abatement is being considered due to the
owners' failure to secure permits and repair the structures or remove them; and
to remove all junk items.
The County Clerk administers the oath to Building Official Steve Fuller
and Code Enforcement Officer Lewis Dean for testimony they may give before the
Board of Supervisors.
Lewis Dean presents the staff report indicating the property has been
cleaned up with the exception of one building that is intended to be brought up
to code, therefore only administrative costs need to be recovered.
Dave Robertson asks for a breakdown of the administrative costs which
is provided by Mr. Dean. No one speaks
in opposition to the abatement. Steve Fuller states that he spoke to the
prospective buyer who wants to keep the non-permitted building and bring it up
to code. He notes that all of the junk
has been cleaned up. The hearing is
closed at 10:24 a.m.
Discussion is held on how to handle the non-permitted building.
It is moved by Supervisor Hanson, seconded by Supervisor Keefer and
carried unanimously, on a roll call vote, to adopt Resolution No. 06-045,
directing staff to administratively abate the dilapidated structure by
demolition if a building permit is not taken out within ninety days; assessment
of administrative costs as provided in Chapter 1.18 of the Lassen County Code;
and recognizing all abatement is complete with the exception of one building.
PUBLIC HEARING - ABATEMENT, BROOKS
The public hearing is opened at 10:30 a.m. to consider the
administrative abatement of an extremely dilapidated, non-permitted dwelling
and a collapsed accessory building on property owned by William Brooks located
at 436-720 Highway 395, Doyle (Assessor's Parcel Number: 141-160-02. The abatement is being considered due to the
owners' failure to secure permits and either repair the structures or remove
them.
The County Clerk administers the oath to Building Official Steve Fuller
and Code Enforcement Officer Lewis Dean for testimony they may give before the
Board of Supervisors.
Lewis Dean presents the staff report indicating abatement could cost
$5,000 - $10,000. 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 Hanson, seconded by Supervisor Dahle and
carried unanimously, on a roll call vote, to adopt Resolution No. 06-046,
directing staff to administratively abate the dilapidated structures by
demolition and removal; and assessment of abatement and administrative costs as
provided in Chapter 1.18 of the Lassen County Code.
AGRICULTURAL COMMISSIONER
In response to a question from Supervisor Dahle, Agriculture
Commissioner Ken Smith states the product being purchased is a larvacide.
It is moved by Supervisor Dahle, seconded by Supervisor Hanson and
carried to ratify the purchase of 30 cases of Altosid XR Briquets/Ingots from
B&G Products of California, for the mosquito abatement program.
ADMINISTRATIVE SERVICES
CAO Ketelsen presents the preliminary FY 2006/2007 Budget tabulation
which includes a $300,000 contingency and $500,000 of Rural Crimes funds. The preliminary budget is received.
UNAGENDIZED BOARD REPORTS
1. Supervisor Chapman
requests two items be placed on the next agenda: ratify co-sponsorship with the
Lassen County Humane Society for construction of donation collection boxes for
funds to re-institute the Spay and Neuter Program for dogs and cats; discussion
of a dog problem as conveyed in a letter from Judy Robinson. Supervisor Keefer states he had a solution to
the dog problems during last year's budget sessions but was out-voted.
2. Supervisor Hanson
attended the Fair Advisory Board meeting last week and reports Fair Manager Jim
Wolcott seems to have things in line for the fair; recognizes the Fair Advisory
Board Members for all their work; reports on the Groundwater Management meeting
he attended; comments on the watermaster fees issue and states they are working
with RCD to provide services - backfill for watermaster services from the State
does not look good; reminds everyone of the need for mechanical thinning and
controlled burning to lessen fuel loads.
3. Supervisor Dahle
designates the remainder of his discretionary funds go to the Big Valley
Recreation District.
PUBLIC HEARING - PLANNING DIVISION
The public hearing is opened at 10:45 a.m. to consider the modification
of Hayden Hill Gold Mine Reclamation Plan (File #2000-04 (A-E); request for
Partial Release of Reclamation Financial Assurance, Lassen Gold Mining, Inc.
located west of Highway 139 on Hayden Hill Road, approximately 64 miles north
of Susanville.
Rick Simon presents the staff report stating an independent consultant
hired by the County to evaluate the release request, found that approximately
60% of the total bond amount is eligible and appropriate for release, and that
the 40% remaining would be adequate to cover reclamation work yet to be
done. The mine has agreed with the
findings of the County's consultant. The
Planning Commission on a 3/2 vote recommended the Board not approve the release
request.
Speaking in opposition of the bond release:
Consulting Environmental Chemist Glenn Miller submits written comments
and indicates he is submitting the comments following discussions with Planning
Commissioner Bob Beckett. He reviews the
written comments that express his belief that water quality issues need to be
considered and dealt with prior to releasing the bond.
Everd McCain expresses his concerns about releasing the bond stating if
a slip-out occurred there would be no funds to fix it. He states no independent engineer has made an
analysis of the site. He also speaks of
the costs for water quality issues if they occur. Notes monitoring reports on slope stability
were made before a very wet winter and there is a need for current analysis of
slope stability. Urges that an analysis
of water quality be performed before funds are released.
Speaking in support of the bond release:
Counsel to Lassen Gold Jim Good states the bond covers SMARA (dirt/vegetation
reclamation) and water quality which is under the jurisdiction of the Regional
Water Quality Control Board. He notes
that Tetra Tech Em, Inc. is the county's own consultant, not a consultant hired
by the Gold Mine as suggested by the previous speaker. He notes we are dealing with SMARA issues now
- not water quality issues which are the jurisdiction of the Water Quality
Board. He requests an orderly handling
of the bond release.
Mark Iole of KinRoss Gold USA, Inc. (Lassen Gold Mining, Inc. is a
subsidiary of KinRoss) submitted a letter in response to the Planning
Commission recommendation. He notes
there is an annual opportunity to adjust the financial assurances if in fact
any problems occur. He states financial
assurances are just that, they are not a fund the company draws from to fix
problems. The company is responsible for
fixing any problems. He states what is
before the board is the dirt work and vegatation component. He again assures
the board this is not a one way street and financial assurance adjustments can
be made.
The hearing is closed at 11:22 a.m.
Supervisor Dahle has toured the mine and feels they have met all the
SMARA obligations and the bond needs to be released.
It is moved by Supervisor Dahle and seconded by Supervisor Keefer to
adopt Resolution No. 06-047, approving modification of Reclamation Plan
reducing the reclamation financial assurance.
A question is asked of Central Valley Water Quality Control Board
representative Phil Woodward. Supervisor
Chapman feels the public hearing needs to be reopened to take further
testimony. The maker and second of the
motion table the motion and the hearing is reopened at 11:24 a.m.
Phil Woodward states that he did not give testimony previously because
he does not have a side (support or oppose) in this matter. He states the earth work has been
completed. He notes there are water
quality issues that are developing and will be monitored. He states the financial assurances are an
emergency fund - not all the money that will be spent to address issues. The Water Quality Board will continue to have
control over the water quality issues and he has no dispute with releasing the
dirt portion of the bond. He notes part
of the requirements are the authority to increase the bond amount. Also notes that taking a bond is something to
avoid, because much of the money is lost in administration costs and the public
agency takes on all responsibility for the needed work.
Everd McCain states the bond is with Lassen County and asks what hammer
do you have to increase the bond.
Mr. Good responds the bond is not with Lassen County it is with the
Regional Water Quality Board and the hammer is SMARA.
The hearing is closed at 11:44 a.m.
Supervisor Dahle states he looked in the acid rock discharge pits after
the very wet winter and although the ponds have water in them, there was no
discharge into the pits. He urges the
board to approve the bond release and states the county has had a third party
review the work along with the Water Quality Board and they both agree with the
bond release.
Supervisor Hanson is concerned if something goes wrong who pays -
states there has been testimony there are ways to get the work performed but he
has concerns and asks if the deep pockets can get out of the clean-up.
Mr. Good responds that KinRoss has taken over Lassen Gold and has taken
on the management of this mine.
Supervisor Chapman discusses the Leviathan Mine closure and how it is
not easy to do enforcement if issues arise and the company does not take care
of the issues. He is not willing to
overturn the Planning Commission recommendation.
Supervisor Dahle feels there are plenty of regulations in place to
handle this and he feels the Gold Mine has done an excellent job.
The motion to adopt Resolution No. 06-047, approving modification of
Reclamation Plan reducing the reclamation financial assurance, is removed from
the table carries on a roll call vote with Supervisor Chapman voting NO.
HEALTH & SOCIAL SERVICES
Big Valley Family Resource Center:
It is moved by Supervisor Dahle, seconded by Supervisor Chapman and
carried to approve and authorize the CAO to sign agreement documentation with
Big Valley Community Alliance, Inc. for Family Resource Services for May 1,
2006 through June 30, 2006.
Fort Sage Family Resource Center:
CAO Ketelsen states there is no legal entity known as Fort Sage Family
Resource Center to contract with and he has been attempting to contact the
schools to assume oversite of the operation.
He has been unable to contact the schools due to summer vacation and
Laura Roberts of Diversified Management is stepping forward to take on the
interim administration.
It is moved by Supervisor Hanson, seconded by Supervisor Chapman and
carried to approve and authorize the CAO to sign the agreement documentation
with Diversified Management regarding Fort Sage Family Resource Center for
resource services from May 1, 2006 through October 31, 2006.
PUBLIC HEALTH DIVISION
Smoking restriction signs:
Public Health Educator Michelle Urrutia presents information on State
Law AB 846 which restricts smoking within 20 feet of buildings owned, leased or
occupied by the state, county or city.
It is moved by Supervisor Chapman, seconded by Supervisor Dahle and
carried to authorize Public Health to provide and post signage for each of the
county buildings to bring the locations into compliance with the law.
ENVIRONMENTAL HEALTH DIVISION
Environmental Health Officer Doug Ames presents the proposed
Methamphetamine Lab Cleanup Policies and Procedures for Lassen County
Environmental Health. He explains what
will be done in regard to the Methamphetamine Lab clean-ups that can take
approximately six months.
It is moved by Supervisor Keefer, seconded by Supervisor Hanson and
carried to: 1) approve the Methamphetamine Lab Cleanup
Policies and Procedures; 2) agree with
the recommendation of Environmental Health that the County will not abate the
properties; and 3) authorize the Public
Health Officer and Deputy CAO of Health & Social Services to sign the
Departmental Policy and Procedures as consistent with current management
practices.
Noon recess 12:05 - 1:35 p.m.
Supervisor Chapman and CAO Ketelsen are absent.
AGRICULTURAL COMMISSIONER
Agriculture Commissioner Ken Smith presents information on West Nile
Virus (WNV) Bird Reporting/Submission and Mosquito Fish Use Guidelines.
Environmental Health is the lead agency for bird reporting.
Lassen County Environmental Health Officer Doug Ames provides an update
on WNV education efforts by public health nurses. Doug Ames notes during previous years bird
testing it was found that we do have WNV and it will always be here, most
people have some flu symptoms but this is not as big an issue as the flu.
It is moved by Supervisor Dahle, seconded by Supervisor Hanson and
carried, with Supervisor Chapman absent, to approve WNV Bird Report/ Submission
and Mosquito Fish Use Guidelines for incorporation into the County Mosquito
Control Guideline Manual.
Mr. Smith provides further information on current trapping results
which found the type of mosquitoes that carry WNV.
LOCAL REUSE AUTHORITY
(Convene as the Local Reuse Authority)
County Counsel Craig Settlemire provides information on the request of
Army Corps of Engineers for:
1) Lease of portions of Lassen
County APNs 133-07-015, 133-08-060, 133-12-008, 10, 12, for a term of 50 years
(with option to extend an additional 50 years) for use in connection with the
Amedee Airfield Improvement Project at Sierra Army Depot; and
2) Grant of permanent easements
for roadways, power line, and communication facilities over portions of Lassen
County APNs 133-07-015, 133-08-060, 133-12-008, 10, 12, for the benefit of the
Amedee Airfield at Sierra Army Depot (latest form acceptable to Army Corps of
Engineers attached).
He has made recommendations for some changes to the lease agreement
that have not been accepted by the Corps of Engineers. He has concerns about what may be taken from
the property or left on the property when the lease expires in 100 years. The county could be loosing vaulable
buildings or assuming liability for poorly maintained structures. He notes the
Army will remain responsible for any environmental clean-up.
It is moved by Supervisor Hanson and seconded by Supervisor Keefer to:
1) Approve Lease and Easement Deed in
latest forms acceptable to Army Corps of Engineers.
Supervisor Dahle asks questions about including language to restore the
property to orginal state prior to the end of the lease. Discussion is held. Supervisor Hanson feels time is of the
essence and the Depot is vital to a healthy economy in the South County.
The motion carries, on a roll call vote with Supervisor Chapman absent.
(Adjourn and reconvene as Board of Supervisors)
PUBLIC HEALTH DIVISION
Criminal History Information:
It is moved by Supervisor Keefer, seconded by Supervisor Hanson and
carried, with Supervisor Chapman absent, to adopt Resolution No. 06-048,
authorizing access to State, Local and Federal Summary Criminal History
Information for employment, licensing and certification purposes. (Supervisor Dahle departs at 1:58 p.m.)
COMMUNITY DEVELOPMENT DEPARTMENT
Community Development Director Robert Sorvaag presents an update
report: Bureau of Land Management,
Carson City Field Office, Record of Decision for the Fish Springs Ranch portion
of the North Valley's Right-of-Way Project Environmental Impact Statement.
It is moved by Supervisor Hanson, seconded by Supervisor Keefer and
carried, with Supervisor Chapman and Supervisor Dahle absent, to direct staff
to file an appeal. (Supervisor Dahle
returns at 1:59 p.m.)
COUNTY ADMINISTRATIVE OFFICE
Unfunded Retiree Health Program:
Treasurer/Tax Collector Richard Egan provides a report on Post
Employment Benefits. He states Lassen
County currently offers the same level of health benefits to its retirees as
are offered to current employees - these amounts vary by bargaining unit. There are two components to the cost of post
employment benefits - the unfunded accrued actuarial liability (UAAL), or the
current value of the cost to provide benefits that have been promised in the
future; and the amount that would need to be set aside today for benefits
associated with services that are being provided today. The required new disclosures will provide
information about: 1) the actuarial accrued liabilities for promised benefits
associated with past service; 2) the annual cost of Other Post Employment
Benefits (OPEB) and its effect on the total cost of government services; and 3)
the progress made in funding the plan.
Thus, the change will be from a "pay-as-you-go" accounting for
costs, in which the expense is recognized not when a liability is incurred but
when the liability finally is paid, to accrual-based accounting. It is recommended to update the actuarial study
to take into account the new OPEB accounting and financial reporting
requirements to be able to evaluate the extent of the liability by the time the
new rules must be implemented. Mr. Egan estimates the cost to range between
$20,000-30,000 and thinks it is reasonable to expect the study to be completed
within 90 days.
It is moved by Supervisor Keefer, seconded by Supervisor Hanson and
carried, with Supervisor Chapman absent, to authorize updating the county's
actuarial analysis of retiree health benefits; and obtain an updated actuarial
analysis.
ADJOURNMENT
There being no further business, the meeting is adjourned at 2:07 p.m.
__________________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
_______________________________________
THERESA NAGEL, CLERK OF THE BOARD