BOARD OF SUPERVISORS

 

                                                                      SEPTEMBER 12, 2006

 

                                        

The Lassen County Board of Supervisors convene in Regular Session at 9:05 a.m.  Chairman Pyle asks for public comment.

 

PUBLIC COMMENT

Labor Negotiator Steve Allen provides documentation relating to labor negotiations for consideration in closed session.  He briefly reviews the information and indicates the labor units he represents are happy to go into mediation with a willingness to negotiate.

 

County Clerk Nagel announces the Closed Session items and the Board recesses to Closed Session at 9:12 a.m. for:   

 

Conference with Legal Counsel:  Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: DFEH Case No. E200607G0199-02-aprsc, filed by Robert L. Geffre.

 


Conference with Legal Counsel:  Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9:  Appeal of Record of Decision by Bureau of Land Management with regard to Fish Spring Ranch and North Valleys.


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.


 

Employee performance evaluation:  Fair Manager Jim Wolcott.

 

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, Fair Manager Jim Wolcott and County Clerk Theresa Nagel. Supervisor Chapman is absent.  Jim Wolcott departs at 9:26 and Personnel Director Ron Vossler enters. Community Development Director Robert Sorvaag enters at 9:41 a.m.  Closed Session is recessed at 10:01 a.m.

 

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, September 12, 2006, at 10:03 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:

 

Employee performance evaluation:  Fair Manager Jim Wolcott - motion by Supervisor Keefer, seconded by Supervisor Hanson and carried unanimously to give an outstanding evaluation.

 

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 - motion by Supervisor Dahle, seconded by Supervisor Hanson and carried to proceed to impasse and agree to mediation for Mid-Management; motion by Supervisor Dahle, seconded by Supervisor Hanson and carried to proceed to impasse and agree to mediation for UPEC;  motion by Supervisor Dahle, seconded by Supervisor Hanson and carried to proceed to impasse and agree to mediation for Roadworkers.

 

Conference with Legal Counsel:  Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: DFEH Case No. E200607G0199-02-aprsc, filed by Robert L. Geffre - no reportable action taken.

 


Conference with Legal Counsel:  Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9:  Appeal of Record of Decision by Bureau of Land Management with regard to Fish Spring Ranch and North Valleys - motion by Supervisor Dahle, seconded by Supervisor Hanson and carried that in view of the decision on the Pyramid Lake Tribe's request for a stay, and the progress on possible legislative and bi-state solutions, direction is given to legal counsel to withdraw Lassen County's Appeal of the Record of Decision.


 

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.         Agricultural Commissioner Ken Smith reports on the Predatory Animal Program and testing that is performed on possible rabid animals.  A recent issue of skunks at the Fairgrounds led to the testing of the skunks and one showed a weak positive test for the plague.

2.         Big Valley Resource Center representative Lillian Arnold thanks the board members for their support of the Big Valley Family Resource Center - states they are awaiting their non-profit status; have been providing 400-600 services per month; are working on contracts with Modoc and Shasta Counties for fees for services; have been contacted by regional entities and they are excited this may lead to possible funding sources.

3.         Marlene Schmidt talks about getting ill after mosquito spraying and gathering information from others who have reportedly become ill.  She asks questions of Ken Smith regarding the effectiveness of the spraying.  Mr. Smith responds that private pest control trucks and private individuals are performing legal spraying around town.  He states based on all the mosquito spraying programs throughout the state it appears this is an effective mosquito control.

4.         Allan Jones and Julie Terrill provide more information on plague in California and distribute a pamphlet on the subject.

 

CONTINUED PUBLIC HEARING - REZONE MONATH

Upon request from Community Development Director Robert Sorvaag, Chairman Pyle continues until 10:15 a.m., September 19, 2006, the public hearing to consider Negative Declaration, Rezone and Parcel Map #2006-049, General Plan Amendment #765.01.17, David and Lance Monath, to change the designation and zoning on 1.8 acres from "Rural Residential" and "A-2" Agricultural-Residential zoning to "Commercial" and "C-G" General Commercial zoning, and to divide the 2.8 acre property into one parcel of 1.8 acres (currently in commercial use and proposed for commercial designation and zoning), and one parcel of 1 acre (currently residential use and not proposed to be changed).  The project site is located at 463-280 Main Street, Janesville.  A.P.N.:  129-230-40.

 

COMMUNITY DEVELOPMENT DEPARTMENT - WILLIAMSON ACT

Community Development Director Robert Sorvaag presents revised policies and procedures for Williamson Act Administration.

 

County Counsel Craig Settlemire points out wording under Exhibit A, 1-i which opens a discretionary door on size of parcels (not saying this is bad).  CAO Ketelsen comments on Exhibit A, 2-e, noting there needs to be included wording on what is the remedy for violation and who is responsible for enforcement.  Further discussion is held on what remedy needs to be put in place for violations of contracts on sub-standard parcels.  CAO Ketelsen suggests he can come back with wording for Williamson Act contracts relating to the remedy for violation of contracts.

 

It is moved by Supervisor Hanson, seconded by Supervisor Keefer and carried unanimously, on a roll call vote, to adopt Resolution No. 06-068, establishing Policies and Procedures for Williamson Act Administration in Lassen County.

 

COMMUNITY DEVELOPMENT COMMISSION - ECONOMIC DEVELOPMENT / HOUSING

(Convene as Community Development Commission)

 

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to authorize release of Request for Qualifications (RFQ) to select a development team for the Local Reuse Authority properties in Herlong.

 

(Adjourn and reconvene as Board of Supervisors)

 

ALCOHOL AND DRUG ADVISORY BOARD

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to appoint Bobbi Moore to fill a vacancy on the Lassen Alcohol and Drug Advisory Board.

 

CONSENT CALENDAR

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

 

COUNTY CLERK ITEM

Approve Minutes of August 22, 2006 and August 25, 2006.

 

HEALTH & SOCIAL SERVICES - PUBLIC HEALTH ITEM

Approve, and authorize the CAO to sign, California Department of Forestry and Fire Protection agreement for Hepatitis B Immunizations for Fiscal Years 2006/2009.

 

PUBLIC WORKS DEPARTMENT - ROAD DIVISION ITEMS

Award bid for "Asphalt concrete (1/2" max. med. AR-4000 or equivalent PG Grade)", to the lowest bidder meeting requirements, considering transportation costs to haul material from the plant to the individual job sites, as follows:

1)   Miller's Custom Work, Inc. Susanville, in the amount of $63.15 per ton (not to exceed 2000 tons or $135,456.75) for the Standish Area;   2)   Feather River Rock, Chester, in the amount of $58.00 per ton (not to exceed 3000 tons or $186,615.) for the Westwood area; and 3)   Hat Creek Construction & Materials, Inc., Burney, in the amount of $58.00 per ton (not to exceed 1500 tons or $93,307.50) for the Bieber area.

 

Adopt Resolution No. 06-063, establishing pledge of revenue for Gravier Pit to satisfy requirements of Section 2773.1 Public Resources Code for Financial Assurance to Reclaim Open Pit Mines.

 

Adopt Resolution No. 06-069, authorizing Chairman to sign Program Supplement Agreement No. 031 to Administering Agency-State Agreement No. 02-5907 for the Bridge Maintenance Program.

 

Adopt Resolution No. 06-064, authorizing Chairman to sign Program Supplement Agreement No. M027, Rev. 1 to Administer Agency- State Agreement No. 02-5907 for Susan River Overflow Bridge Replacement project on Leavitt Lane.

 

PUBLIC WORKS/AIRPORT ITEM

Adopt Resolution No. 06-065, accepting airport layout plans (ALP) for Lassen County - Project No. CAAP LAS-ALPS-98-1 for Herlong, Ravendale, Southard and Spalding Airports.

 

PUBLIC WORKS DIVISION ITEM

Award bid to DML Construction, Verdi, the lowest bidder meeting specifications, in the amount of $292,670., for the construction of the Big Valley Pool House, Bieber.

 

SURVEYOR DIVISION ITEMS

Adopt Resolution No. 06-066, approving Parcel Map #2005-002, Tom Taylor and Garrett Taylor.

 

Adopt Resolution No. 06-067, approving Parcel Map #2005-101, Susan and Charles Edwards and Clyde and Mary Bennett.

 

SHERIFF'S DEPARTMENT ITEMS

Authorize participation in the 2006-2007 Controlled Substance Operation Plan with the Lassen National Forest and authorize the Chairman of the Board and Sheriff to sign.

 

Authorize participation in the Lassen and Modoc National Forest 2006/2007 Cooperative Plans to provide patrol services for the 2006/2007 recreational season and authorize the Sheriff to sign.

 

Approve request to purchase new electronic fingerprint equipment from Crossmatch Technologies (CMAS 3-05-70-2467A) in the amount of $36,309.77.

 

Approve request to purchase 4 vehicles from Salt Lake County Fleet Sales, totaling $77,700, plus sales tax in the amount of $5,633.25, for a total of $83,333.25.  Purchase is from the equipment line of the fleet maintenance budget 135-0352-3006200.

 

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a.         Susanville City Council meeting agenda for August 22, 2006.

b.         Local Agency Formation Commission (LAFCO) of Lassen County meeting agenda for September 11, 2006.

c.         Mental Health Advisory Board meeting agenda for September 12, 2006.

d.         In-Home Supportive Services Advisory Board meeting agenda for September 20, 2006, and Unapproved Minutes of August 16, 2006.

e.         Technical Advisory Committee meeting agenda for September 13, 2006.

 

ADMINISTRATIVE SERVICES

It is moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to approve job description for Assistant Senior Juvenile Hall Counselor, Range 12, Lassen County General Unit, non-benefited, on-call position.

 

It is moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to approve request to add position of Deputy County Counsel/Senior Deputy County Counsel, Mid- Management, Range 28/30 to the County Counsel Office and approve the Legal Office Coordinator (Confidential), Management Association, Range 19, job description.

 

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION

Community Development Director Robert Sorvaag states that Supervisor Chapman previously suggested the Lassen County Board hold a meeting to discuss the Dyer Mountain Project with the residents of the Almanor Basin in Plumas County.  Plumas County Supervisor Dennison has arranged for a meeting in Chester on September 19th at 6:00 p.m.   Discussion is held on what type of meeting is to be held.  The suggestion is the meeting be held by Supervisor Dennison as a Town Hall Meeting - not an official Lassen County Board of Supervisor's meeting.  County Counsel Craig Settlemire notes if it is an informal meeting then board members and staff can attend as long as board members do not hold discussions between themselves. Following further discussion the consensus of the Board is that Plumas County can hold a meeting and Lassen County staff can attend and present information.

 

COMMUNITY DEVELOPMENT DEPARTMENT - CODE ENFORCEMENT

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried unanimously, on a roll call vote, to adopt, by title only, Ordinance No. 566, establishing administrative citations and fines for violations of Lassen County Code.

 

PUBLIC WORKS DEPARTMENT - ROAD DIVISION

Public Works Director Larry Millar presents Merrillville Road Maintenance Report.  The roughest part of the road is the initial section off of State Route 139 where there is the additional traffic from farm equipment.  He states the Road Department strives to grade dirt roads on a monthly basis, however due to overall workload this cannot always be accomplished.  He provides information on the work performed on this road last year - repair areas which were damaged due to flooding and add an additional 3 inch lift of gravel (cinders) to the road surface - total work completed in fiscal year 2005/2006 was $171,754.  The road was graded in August, October and November, 2005 and January, March, April and May, 2006.  Additionally culvert maintenance and drain cleaning, shoulder and ditch grading was also performed.  Due to workload commitments the department was unable to grade the road for a couple of months, but was able to grade again on August 28th. Another issue is the lack of moisture causing the material to become loose and lost off of the surface then traffic makes the roads rough.  More material will be placed on the road this fall to widen some narrow spots and when moisture is received compacting of material will be possible.

 

Board members thank Mr. Millar for his report.

 

TRANSPORTATION DIVISION

Peter Heimbigner presents for consideration a funding contribution request for an appraisal of the Modoc Line rail corridor in the amount of $5,000.

 

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to authorize a cost share funding allocation of $5,000 from Non-Departmental Fund for appraisal of the Modoc Line rail corridor, dependent upon funding contributions from American Land Conservancy ($5000), Lassen Land and Trails Trust ($500), and Modoc County ($5000).

 

INFORMATION FOR THE BOARD

CAO Ketelsen announces that he will be on vacation in Europe from September 15th to October 9th.

 

He also notes the report from Agricultural Commissioner Ken Smith regarding plague testing was in response to questions from Violet Stout about plague in skunks.

 

CORRESPONDENCE

The Draft Environmental Impact Report (EIR)/Environmental Impact Statement (EIS) for the Lake Davis Pike Eradication Project (SCH# 2005-09-2070), is received and filed.  (CD of Draft EIR/EIS is available at the Clerk's office).

 

UNAGENDIZED BOARD REPORTS

1.         Supervisor Dahle announces that a man in Big Valley is very sick with West Nile Virus; Dahle will be attending the RCRC Annual Conference in Squaw Valley next week - Wednesday through Friday.

2.         Supervisor Hanson notes the Whitetop Task Force held a meeting yesterday; in regard to the LAFCO meeting he announces the Municipal Services Reviews for Susanville Library District and the Stones-Bengard Community Services District are now available; and the Susanville Library District will be annexing the remainder of the county; requests an item be placed on the next agenda supporting the transfer of Honey Lake property to the State with management performed by Honey Lake Resource Conservation District; announces the draft Groundwater Management Plan will be sent to the State Farm Bureau and State Cattlemen's Assn. for review; requests an item be placed on the next agenda supporting the abandonment of the Flanigan to Wendel rail line as long as it remains as an industrial lead line; makes the following designations from his discretionary funds - $100 to Local Reuse Authority for rental of the Herlong Chapel for a community meeting relating to water and sewer and $2000 to West Patton Village CSD for expenses relating to the placement of the fire protection fee on the November ballot.

3.         Supervisor Keefer reports on the Transit Services meeting; discusses the Honey Fire and the good work performed by fire and related agencies; announces the grading of the Janesville Park Arena area has been completed by volunteers with donated equipment.

4.         Supervisor Pyle attended the 9/11 Memorial at the Susanville Fire Station yesterday; attended the Fire Safe Council meeting held last week at the Susan River Fire Hall.

 

There being no further business, the meeting is adjourned at 11:33 a.m.

 

 

 

                                                                                                ___________________________________                                                                                                     CHAIRMAN OF THE BOARD OF SUPERVISORS

 

ATTEST:

 

_______________________________________

THERESA NAGEL, CLERK OF THE BOARD