BOARD OF SUPERVISORS

SEPTEMBER 16, 2003

The Lassen County Board of Supervisors convene in Regular Session at 9:08 a.m. Chairman Chapman 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 9:10 a.m. for an employee performance evaluation: County Administrative Officer McFerrin A. Whiteman.

Present in the Closed Session are Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Administrative Officer Andy Whiteman and County Clerk Theresa Nagel. Assistant County Counsel Craig Settlemire departs at 9:10 a.m. Closed Session is recessed at 10:07 a.m.

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, September 16, 2003, at 10:11 a.m. Present: Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; Assistant County Counsel Craig Settlemire, County Administrative Officer (CAO) Andy Whiteman and County Clerk Theresa Nagel. Following the flag salute, the invocation is offered by Supervisor Dahle. Chairman Chapman apologizes for the late start of the meeting but assures everyone the closed session was very productive.

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

The County Clerk announces the Closed Session dealt with an employee performance evaluation: County Administrative Officer McFerrin A. Whiteman -CAO was directed to continue the evaluation to October 14th for a response to the board members' concerns.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

It is moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to approve the agenda as posted.

PUBLIC COMMENT

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

RECOGNITION COMMITTEE - PRESENTATION

Chairman Chapman makes the following presentations for years of service:

Ten years: a brass letter opener to Spencer Templeton (H&HS) and Kristine Mahan (H&HS).

Fifteen years: a two pen desk set to M. Karen Fouch (Auditor).

Twenty years: a desk clock to Chester "Chip" Jackson (Sheriff).

Thirty years: a jacket to William "Bill" Freitas (Sheriff).

PUBLIC HEARING - ABATEMENT COSTS, FRED MONEY

The public hearing is opened at 10:20 a.m. to consider the administrative abatement of County Code and Uniform Housing Code violations on property located at 710-030 Bible Rd., Susanville. The abatement is being considered due to the owner's failure to bring the property into code compliance.

Code Enforcement Officer Lewis Dean presents the staff report indicating there are two unpermitted mobile homes on the property along with junk cars and trash. The mobile homes are unsafe to occupy. He distributes a letter from the landowner and acknowledges that 50% of the trash has been removed. He notes there have been 10-12 other abatement cases in the area which have either complied, are in the process of complying or have been abated.

Fred Money speaks in opposition to the abatement and states the unpermitted mobile homes were removed from the property yesterday. The two junk cars will be moved into a shed on the property and a lot of the junk and appliances have been removed. The remainder will be cleaned up by next week but he wants fairness with the same enforcement for other properties in the area. He asks that he be given until October 30th to finish the work. No one speaks in favor of the abatement and the hearing is closed at 10:33 a.m.

It is moved by Supervisor Hanson, seconded by Supervisor Pyle and carried to adopt Resolution No. 03-063, directing staff to administratively abate the removal of the two dilapidated, non-permitted mobile homes, three non-operable and/or unlicensed vehicles, trash, debris, and miscellaneous junk items, and with the recovery of abatement and administrative costs as provided in Chapter 1.18 of the Lassen County Code; with revisions to indicate the clean-up that has already been accomplished by the landowner and the landowner's intent to complete the work by October 30th.

COMMUNITY DEVELOPMENT DEPARTMENT

Community Development Director Robert Sorvaag announces the sale of surplus property located at 169 Gay Street, Chester, was previously rescinded but with insufficient time to cancel the publication. Value of property is being re-evaluated.

It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to

drop the bid award from the agenda.

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 September 9, 2003.

ADMINISTRATIVE SERVICES - PERSONNEL ITEM

Receive and file Personnel Movement report for August, 2003.

COMMUNITY DEVELOPMENT DEPARTMENT ITEM

Receive report from Planning Commission regarding acquisition of real property by Lassen County of a privately owned section of Paul Bunyan Logging Road and adjacent parcel from Agency 7 land owners.

PROBATION DEPARTMENT ITEM

Approve Standard Agreement Contract #03-906 with the California Department of the Youth Authority for diagnostic and treatment services and temporary detention; and authorize the Chief Probation Officer to sign the agreement.

TREASURER ITEMS

Receive and file Treasurer's Investments Report for the month of August, 2003, and Treasurer's Fund Balance Report for August, 2003.

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a. Local Agency Formation Commission of Lassen County special meeting agenda for September 15, 2003.

b. Lassen County Fair Advisory Board meeting agenda for September 9, 2003.

ADMINISTRATION SERVICES

Title II/III

Assistant to the CAO Chris Beard provides information on the Title II and Title III programs and indicates it is the belief that the continuance of the funding is more likely if funds are in Title II rather than Title III. There are also a lot of restrictions placed on Title III projects and she is not sure how all these funds could be awarded. Title III funding is also deducted from the PILT Funds. Supervisor Keefer supports her recommendation to transfer funds from Title III to Title II, and provides information on the awards that were given from Title II last year.

It is moved by Supervisor Dahle, seconded by Supervisor Pyle and carried to adopt Resolution No. 03-065, allocating 15% Safety Net Payments to Title II and/or Title III Projects; and 2) Resolution No. 03-066, designating the percentage to be allocated from the 15% Safety Net Payment to Title II Projects and Title III Projects.

PUBLIC HEARING: VARIANCE #2003-115, MELLO

The public hearing is opened at 10:50 a.m. to consider Variance #2003-115, Mello: Variance request to allow a single family dwelling to be placed 5 feet into the required rear yard setback (20 feet) and 5 feet into the required side yard setback (10) feet. The property is located at 509-175 Stones Road, Stones Subdivision at Eagle Lake.

Senior Planner Kent Hector presents the Planning Commission's recommendation on the variance and provides a staff report.

No one speaks in opposition to the variance. Barbara Mello speaks in favor of the variance, distributes a picture of the view they would have from their deck, provides information on their plans and discussions they have had with the BLM and fire department. The hearing is closed at 11:01 a.m.

It is moved by Supervisor Dahle, seconded by Supervisor Pyle and carried to adopt Resolution No. 03-064, approving Variance #2003-115, as recommended by the Planning Commission.

UNITED STATES FOREST SERVICE

Community Liaison and RAC Coordinator Heidi Perry presents an update on the Resource Advisory Committee (RAC) approved 2003 projects with a total award of $381,255. A variety of projects on private and National Forest lands across Lassen County are covered. She points out the South Knob Fuel Reduction for Tom Esgate which is an excellent project. Mr. Esgate has leveraged lots of other funding and developed a cookbook for others to use in regard to funding sources. She suggests this would be a very good field trip. Round Two Application period opened on September 1st and will close on October 31st.

REGIONAL COUNCIL OF RURAL COUNTIES (RCRC)

President and CEO Brent Harrington provides background information on RCRC and the programs they administer.

RCRC is comprised of 29 rural counties with San Luis Obispo probably becoming 30th at this Thursday's meeting. It currently consists of 45 staff and a $7 Million budget with about 3% from dues but most from processing home loans and rental income. The 145 supervisors represent 2.2 million residents of member counties (44% of the California land mass) but only 7% of the state population.

There are 4 basic units: 1) Legislative Advocacy - do not want to duplicate what CSAC does, but work in partners with them on issues: water, conserve natural resources; rural homesite fund; Williamson Act; PG&E; rural health care.

2) There is a new Regulatory Affairs unit with two additional lobbyists who will focus on Cal-EPA regulations and rule making.

3) Housing program: Cal Rural (CA Rural Home Mortgage Finance Authority) home loan program began about 10 years ago. A new board was recently created which will expand to a national level, NHF (National Homebuyers Fund). To date 49,000 loans worth over $6.3 Billion have been provided. Lassen County is one of the largest users with 241 loans at $22.1 Million.

4) Some other member services: eCivis Grant Locator Service is a one year program that allows each county to utilize the service at no cost to the county; there is a $1,000 scholarship program to each county; they are assisting CSAC-Excess Insurance Authority in creating a county employee health insurance program for rural counties, called EIAHealth.

FAMILY RESOURCE CENTER

Supervisor Hanson asks the board members to consider the request for funding to develop a Family Resource Center in Herlong. He presents a letter from the West Patton Village Community Services District and a petition from area residents in support of the request.

Lassen County Children and Families Commission Executive Director Laura Roberts presents a South County Family Resource Center Program Proposal and Request for Funding that includes a budget requesting $300,000 over the next three years.

Barbara Tiner provides an update on the progress and activities at the Westwood and Bieber Family Resource Centers.

Local residents, Vivian Peterson, Pete Peterson, Barbara Lee, Butch Brower, Connie Jenkins and Karen Mattarolo speak of the great need for such a facility in the area.

It is moved by Supervisor Hanson, seconded by Supervisor Dahle and carried unanimously, on a roll call vote, to allocate $300,000 for a Herlong Family Resource Center from the current balance in the Tobacco Settlement Fund over the next three years as set forth in the budget submitted.

ADMINISTRATION SERVICES

Health Fair

Information on the Lassen County Employee Benefits/Health/Safety Fair is received from Personnel Director Lynne Margolies.

SALARY EQUITY ADJUSTMENTS

Personnel Director Lynne Margolies distributes a Salary Comparison and Class List; Classifications by Department; Job Descriptions for Assistants; and Job Analysis and Position Inventory Questionnaire.

Discussion is held on the actions that have occurred that led to in-equality between positions.

Supervisor Keefer encourages the Personnel Director to sit with the department heads in reviewing the job duties.

CAO Whiteman notes there are also some positions in UPEC (8) to look at in regard to job duties.

Chairman Chapman wants to hear the outcome after the study is completed.

INFORMATION FOR THE BOARD

CAO Whiteman points out the article in this month's issue of CA County about Emma Freeman and her long career with Lassen County.

COUNTY OFFICE HOURS REPORT

Supervisor Keefer had a concern from a constituent about the Mental Health Department being basically shut down on Fridays. He asks that this be looked at to determine if this is justified. He also notes that several departments are closed during the lunch hour and he feels this is inconvenient to the public.

Extensive discussion is held on the need to re-evaluate these office hours.

Chairman Chapman directs the CAO do a study before January.

Noon recess 12:31 - 1:38 p.m.

BUDGET WORKSHOP

Criminal Justice System

Sheriff Freitas informs the board members that the Rural Crimes funding was eliminated and will mean elimination of six positions in his department. He asks the Board to appropriate the residual Rural Crimes dollars to allow him to keep three employees in the short term and vacate the positions in the long-term through attrition. Board consensus is to support this request.

Consultant Dr. Alan Kalmanoff provides information on his background. He states that he has not finished his report on Lassen County's criminal justice system, but in discussions with principals in the justice system he has found basic opinions - aggressive law enforcement, not much prosecution screening, strong sentencing, strong penalties for lack of appearance. System could be more effective with treatment programs. States there are very few alternatives to incarceration. He sees a need for a more systematic study and it could be done locally with guidance and training; need to create a Criminal Justice Coordinating Committee made up of sheriff, police chief, district attorney, public defender, chief probation officer and an independent person to look at the justice system in a system wide manner. He states the number of jail beds is driving the system and suggests some of the beds could be rented to another county rather than filling the beds with locals. He notes there is very little O.R. - own recognizance releases and more use could unclog the system; suggests a need do institute a procedure for citation in-lieu of arrest for misdemeanors; give thought to current procedure of jailing individuals for non-payment i.e. "deadbeat dads", such as ways to keep them working and paying (jailed at night or use of bracelets) rather than being jailed; perform an independent study on staffing and workload; stop arresting every misdemeanor; stop using jail just because it is there; get people out of jail sooner.

Supervisor Chapman expresses his opinions which are not in agreement with the analysis presented. Supervisor Keefer wants to hear more and wants the board members to keep an open mind in regard to the suggestions.

In answer to a board member question, CAO Whiteman confirms that he understood the board members were not in support of allocating an additional $177,000 for the District Attorney.

Health and Human Services

Acting Health and Human Services Director Tom Gauthier states the goal of re-engineering the Health and Human Services organizational structure is to tighten the organization from top to bottom and to strengthen financial functions. He presents and reviews the proposal. (Supervisor Dahle is absent 2:37-2:39 p.m.)

Supervisor Keefer feels at the end of a year there should be a peer group evaluation performed. Dr. Gauthier states they will be doing ongoing evaluations. Supervisor Chapman feels feedback from the community will be presenting some evaluations, and he relates a positive comment that he just recently heard.

Supervisor Chapman is excited and his big concern is that new positions are filled with qualified people. He also sets forth a suggestion for evaluations in three, six and twelve months.

Extensive discussion is held on the proposal to reorganize the Office of the CAO. It is agreed further work is needed on the structure with addition of Personnel Director showing as reportable to CAO.

Assistant to the CAO Chris Beard provides information on Health and Human Services funding, time studies, allocations, and claiming processes. She distributes a flow chart on realignment funding.

There being no further business, the meeting is adjourned at 3:25 p.m.

__________________________________________

CHAIRMAN OF THE BOARD OF SUPERVISORS

ATTEST:

_______________________________________

THERESA NAGEL, CLERK OF THE BOARD