BOARD
OF SUPERVISORS
JANUARY
15, 2001
The
Lassen County Board of Supervisors convene in Regular Session at 9:02 a.m.
Chairman Dahle 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 9:03 a.m. for a
conference with Legal Counsel: Existing
litigation pursuant to Subdivision (a) of Government Code Section 54956.9:
Larry E. Ingwerson, Jr. vs Ron Jarrell, Dennis Robinson, County of Lassen, does
1-25, Case #33664.
Present
in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, Brian Dahle,
and Everd McCain; County Counsel Bill Murano, Special Counsel Lawrence Bohm on
conference call, County Administrative Officer Andy Whiteman and County Clerk
Theresa Nagel. Supervisor Chapman is
absent. Closed Session is recessed at
9:18 a.m.
The
Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday,
January 15, 2001, at 9:31 a.m.
Present: Supervisors Robert
Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Everd McCain; County Counsel
Bill Murano, County Administrative Officer (CAO) Andy Whiteman and County Clerk
Theresa Nagel. Supervisor Chapman is
not present at the beginning of the meeting.
Following the flag salute, the invocation is offered by Supervisor
Dahle.
ANNOUNCEMENT
OF ITEMS DISCUSSED IN CLOSED SESSION
The
County Clerk announces the Closed Session dealt with a conference with Legal
Counsel: Existing litigation pursuant
to Subdivision (a) of Government Code Section 54956.9: Larry E. Ingwerson, Jr.
vs Ron Jarrell, Dennis Robinson, County of Lassen, does 1-25, Case #33664 - no
reportable action was taken.
AGENDA
APPROVAL, ADDITIONS AND/OR DELETIONS
Supervisor
Dahle requests that a late item be added to the agenda to provide him direction
for a vote that will be called for at this week's RCRC meeting.
Pursuant
to Government Code Section 54954.2 (2) that the need to take action arose
subsequent to the agenda being posted, and cannot wait for the next meeting, it
is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried on a
roll call vote, with Supervisor Chapman absent, to add Item H-4, PG&E
Reorganization Plan and the Impacts to Rural Counties.
It is
moved by Supervisor Keefer, seconded by Supervisor McCain and carried, with
Supervisor Chapman absent, to approve the agenda with the noted addition. (Supervisor Chapman enters at 9:35 a.m.)
PUBLIC
COMMENT
Poet
Laureate Violet Stout reads a poem entitled "Legend of the Salt
Grass".
UNAGENDIZED
BOARD REPORTS
1. Supervisor Keefer reports on last week's
Norcal Meeting where representatives from CSAC and RCRC made reports on state
fiscal conditions.
2. Supervisor Keefer announces the Lassen Fire
Safe Council is holding their first meeting tomorrow night, therefore he will
not be attending the RCRC meeting.
3. Supervisor Keefer reports last week's Mental
Health Board (MHB) meeting lasted for five hours while there was probably two
hours of agendized items. One member of
the MHB made unfair and unwarranted accusations about the secretary who
prepares their minutes. He reports the
budget will be discussed at the next meeting.
4. Supervisor Pyle reports on the meeting held
on January 9th to discuss amendments to the U.S. Fish and Wildlife Biological
Opinion relating to the Spalding stepage ponds and he distributes information
on the discussions.
5. Supervisor Chapman reports on the Veterans
Memorial Hall Task Force meeting he attended last week. The task force adjusted the rental rates for
the hall. The task force asked him to
express their appreciation for all the cooperation they have received from
board members and county staff.
6. Supervisor Chapman reports there are vacant
positions on the Lassen-Plumas-Sierra Community Action Agency Board for
community members and low-income members.
He asks the board members to think about persons in their districts that
would be interested in serving on this board.
7. Supervisor Chapman announces he will attend
CSAC and RCRC this week and will be in attendance when Supervisor Dahle is
installed as Vice-Chairman of RCRC.
8. Supervisor Chapman asks Chairman Dahle to
arrange for a status report on the Quincy Library Group Legislation in relation
to the Sierra-Nevada Framework.
9. Supervisor Dahle congratulates Sheriff Ron
Jarrell for receiving the January "Good Ole Boy" Award from Radio
Station KSUE/JDX.
10. Supervisor Dahle provides an update on the Big
Valley Sustained Yield Unit.
11. Supervisor Chapman asks that the meeting today
be adjourned in honor of Lassen County Poet Laureate Violet Stout's birthday
tomorrow.
LASSEN
COUNTY FISH AND GAME COMMISSION
It is
moved by Supervisor Keefer, seconded by Supervisor McCain and carried to accept
a letter from Mark Paul submitting his resignation from the Lassen County Fish
and Game Commission, and direct County Clerk to advertise vacancy.
CONSENT
CALENDAR
It is
moved by Supervisor Pyle, seconded by Supervisor McCain and carried to take the
noted action on the following Consent Calendar items:
COUNTY
CLERK ITEM
Approve
Minutes of January 8, 2002 with corrections made by the County Clerk.
ADMINISTRATIVE
SERVICES - PERSONNEL ITEM
Receive
and file Personnel Movement report for December, 2001.
OFFICE
OF EMERGENCY SERVICES ITEM
Ratify
continuation of Declaration of State of Disaster / Emergency in Lassen County.
PRISON
TRIALS COST REIMBURSEMENT PROGRAM ITEMS
Receive
and file Recap of CCC Prison Trials Cost Reimbursement Billing for the month of
December, 2001; and High Desert State Prison Trials Cost Reimbursement Billing
for the month of December, 2001.
PUBLIC
WORKS DEPARTMENT - SURVEYOR DIVISION ITEM
Adopt
Resolution No. 02-004, approving Parcel Map #2001-110, Don and Lois Jennings.
MISCELLANEOUS
CORRESPONDENCE ITEMS
Receive
and file the following correspondence:
a. Lassen County Planning Commission agenda for
January 9, 2002.
b. Mental Health Board meeting agenda for
January 8, 2002, and draft minutes of September 11, 2001 and December 5, 2001.
c. Veterans Memorial Building Task Force minutes of October 3, 2001,
and January 2, 2002.
COMMUNITY
DEVELOPMENT DEPARTMENT - BUILDING DIVISION
It is
moved by Supervisor McCain, seconded by Supervisor Pyle and carried
unanimously, on a roll call vote, to adopt Ordinance No. 545, by title only,
adding Chapter 12.29 to Title 12 of the Lassen County Code, establishing a
Historic Building/Site Inventory for utilization of the California State
Historic Building Code.
COUNTY
ADMINISTRATIVE OFFICE
1. CAO Whiteman reports the Supervisory Training
classes began last week with 66 enrolled.
2. CAO Whiteman reports the archeaological plan
and request for proposal on the Health & Human Services Building are in the
preparation stage.
3. CAO Whiteman reports that he, Auditor Irene
Doyle, and Assistant to the CAO Chris Beard are working on the mid-year budget
review.
ALL
AMERICAN ROAD DESIGNATION
John
Halligan, Oregon-California RC&D presents a request for adoption of a
resolution supporting the Volcanic Legacy Scenic Byway as an All American Road.
It is
moved by Supervisor Keefer, seconded by Supervisor McCain and carried
unanimously, on a roll call vote, to adopt Resolution No. 02-003, in support of
designation of the Volcanic Legacy Scenic Byway as an All American Road as
amended by adding the following wording:
WHEREAS, the changes suggested by Sierra Pacific Industries and W.M.
Beaty & Associates, Inc. will be incorporated in the final Corridor
Management Plan and Impact Analysis.
Supervisor
Chapman would like to have contacts from the southern portion of the roadway
listed in the brochures and suggests Bill Dennison as a possible contact.
U.S.
FOREST SERVICE
Lassen
National Forest Information Officer Barbara Massey offers support for the All
American designation. She announces
that she has received a promotion and will be transferring to Anchorage,
Alaska. She expresses her appreciation
for the professionalism of the board members and county staff.
COUNTY
COUNSEL
County
Counsel Bill Murano presents a review of a recent 9th U.S. Circuit Court of
Appeals (Brewster vs. Shasta County) ruling that exposes counties to suits
because it finds that Sheriffs are not state agents and thus can be targets of
federal litigation in civil rights cases. He reports that Shasta County has
requested a rehearing by the Appeals Court.
He states there is little that Lassen County can do except establish a
citizens review board to oversee Sheriff's activities, and provide additional
funds for training deputies. They could
also work on legislation to make Sheriffs look more like state officials rather
than county officials.
Supervisor
Chapman has concerns that the community should be well informed about the
liabilities from this decision when they vote for a new Sheriff. He wants the public to understand the
serious responsibilities of this office.
Sheriff
Jarrell does not feel the court decision made any changes to the liability of
Sheriffs than for any other county official.
He states the responsibilities of the Sheriff position is very serious
and has more potential for lawsuits than other county positions, and he hopes
the voters consider that when voting this year.
PROPOSED
ENDANGERED SPECIES DESIGNATION
Farm
Bureau Representative Tim Garrod expresses their concerns over the emergency
listing of the Carson Wandering Skipper as endangered. He distributes and reviews a letter to the
Fish and Wildlife Service that the Farm Bureau has drafted. He asks for the Board of Supervisors support
on this matter.
Supervisor
Keefer notes the Fish and Wildlife Service does not know much about the Carson
Wandering Skipper (CWS) and its habitat.
He wonders if the current population is the same as historic levels
since there seems to be very little knowledge.
Supervisor Pyle supports the Farm Bureau letter and makes suggestions of
persons and agencies that need to receive it.
Supervisor McCain suggests the county make a concerted effort to show
how much CWS habitat exists in the county. He suggests working with the Sierra
Army Depot to compile this information.
He feels the Board of Supervisors need to be very proactive. Supervisor Chapman discusses the notation in
the emergency listing regarding the taking of butterflies by collectors and
scientists and feels this is an impact that needs to be noted.
Chairman
Dahle directs the CAO to write a letter of concern and arrange for a
representative from the Fish and Wildlife Service to appear at a public meeting
to discuss this.
COUNTY
ADMINISTRATIVE OFFICE - TAX RECOUPMENT FEES
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to extend
Timber Protection Zone (TPZ) Tax Recoupment Fee Payment Extension with Dyer
Mountain Associates until December 31, 2002, with the stipulation if an
interest payment is missed it will be brought back to the Board of Supervisors
immediately.
BOAT
LAUNCH AREA RESTRICTIONS
Supervisor
Pyle presents a request for an ordinance to setforth "no swimming in boat
launch area restrictions".
Sheriff
Jarrell acknowledges that boat launching and swimming are not compatible and he
provides information on the current policy at the Gallatin Marina.
Chairman
Dahle directs County Counsel Murano, Sheriff Jarrell, Supervisors Pyle and
McCain and any other interested persons to work on preparation of a draft
ordinance.
DEER
HUNTING RESTRICTIONS
Supervisor
Pyle presents for discussion the following deer hunting restrictions: no deer hunting within Spalding Community
Services District (CSD) or within one mile outside the district boundaries; and
all roads entering the Spalding CSD should be posted with no deer hunting
signs.
Fish
and Game Representative Lisa Stone states the deer feeding issue at Spaldings
is a continuing problem. She reviews
the Fish and Game policy relating to this problem. She notes Fish and Game will not support an ordinance that places
restrictions on hunting.
Supervisor
McCain states the county should not get involved in this matter.
Spalding
Community member Denny Lowe states the whole issue is a joke. He states the people pushing this are not
present today and are the same ones that are constantly wanting to pass
laws. They are also the same ones that
are illegally feeding deer.
Supervisor
Pyle suggests the matter be dropped.
PG&E
REORGANIZATION
Supervisor
Dahle indicates that RCRC will be considering supporting or not supporting the
PG&E Reorganization Proposal, and he asks for direction from the board
members on their feelings.
Board
consensus is to authorize Chairman Dahle to use his discretion.
ILLEGAL
DUMPING
Community
Development Director Robert Sorvaag presents his suggested language for signs
to be posted relating to illegal dumping - "WARNING - DUMPING IS STRICTLY
PROHIBITED - VIOLATORS WILL BE PROSECUTED - ANYONE WITNESSING DUMPING
VIOLATIONS IS URGED TO CALL THE LASSEN COUNTY SHERIFF 257-6121. $____ REWARD OFFERED FOR INFORMATION LEADING
TO THE ARREST AND CONVICTION OF VIOLATORS.
FOR REFUSE DISPOSAL INFORMATION AND ASSISTANCE CALL LASSEN REGIONAL
SOLID WASTE MANAGEMENT AUTHORITY 252-1273." He states this is only a suggestion and he has no pride in
ownership of the language, encouraging suggestions for changes.
Supervisor
Keefer reports the Solid Waste Authority will be taking this under
consideration.
Supervisor
Pyle and Supervisor McCain feel the county needs to put up a good award to get
participation from the public in identifying illegal dumpers. Supervisor McCain wants information brought
back on the budget implications for this program.
ADJOURNMENT
There
being no further business, the meeting is adjourned at 11:39 a.m. in honor of
Lassen County Poet Laureate Violet Stout's Birthday on January 16th.
__________________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
_______________________________________
THERESA
NAGEL, CLERK OF THE BOARD