BOARD OF SUPERVISORS

OCTOBER 15, 2002

The Lassen County Board of Supervisors convene in Regular Session at 9:00 a.m. Chairman Dahle asks for public comment and no comments are received. County Clerk Nagel announces the Closed Session item and the Board recesses to Closed Session at 9:01 a.m. for a conference with Legal Counsel: Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: Superior Court Case #34687, County of Lassen vs. City of Susanville, Susanville Community Development Agency, and Susanville City Council, in the matter of the adoption of City of Susanville Ordinance 00-869, the Susanville Redevelopment Plan.

Present in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, Brian Dahle, and Everd McCain; County Counsel John Ketelsen, County Administrative Officer Andy Whiteman, Auditor Irene Doyle, Auditor Elect Karen Fouch and County Clerk Theresa Nagel. Supervisor Chapman is absent. Closed Session is recessed at 9:10 a.m.

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, October 15, 2002, at 9:30 a.m. Present: Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Everd McCain; County Counsel John Ketelsen, County Administrative Officer (CAO) Andy Whiteman and County Clerk Theresa Nagel. Following the flag salute, the invocation is offered by Supervisor Chapman.

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: Superior Court Case #34687, County of Lassen vs. City of Susanville, Susanville Community Development Agency, and Susanville City Council, in the matter of the adoption of City of Susanville Ordinance 00-869, the Susanville Redevelopment Plan - direction given to staff to allow the Court proceedings to go to conclusion.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

Supervisor Chapman requests the meeting today be adjourned in memory of Bill Beterbide, a thirty year Road Department employee.

It is moved by Supervisor Pyle, seconded by Supervisor McCain and carried to approve the agenda with the noted change.

PUBLIC COMMENT

Fish and Game Commission Chairman Tim Semon is present to discuss the issues relating to the need for more game wardens. He reports the Susanville area will be getting another warden in a couple of months and in comparison to the rest of the State we are in pretty good shape. The extreme shortage of wardens is related to the low pay and high requirements for training and education. The wardens have a lot of power to arrest but are not classified as peace officers. He notes that Modoc County is in much worse shape than Lassen County because they have two positions that cannot be filed because one warden is off on Worker's Comp and the other is on a leave for military service. He is requesting authorization to attend and speak for the Fish and Game Commission at a statewide Fish and Game Department meeting and to meet with Assemblyman Rico Oller to ask for help on this issue.

Following discussion Chairman Dahle directs this matter be placed on the November 12th agenda and requests that Mr. Semon coordinate with the CAO to draft a letter from the Board of Supervisors to Assemblyman Oller.

UNAGENDIZED BOARD REPORTS

1. Supervisor Keefer received a letter from Kurt Bonham relating to the Right Roads Recovery/Progress House Programs contracts and requests it be placed on a future agenda for discussion and possible action. He would also like County Counsel to review the letter.

2. Supervisor Dahle attended the RCRC Conference last week and reports Lassen County received a plaque for their Solid Waste Management Program.

3. Supervisor Dahle moderated a Wilderness Act Panel and they had a presentation that very clearly laid out the 1964 Wilderness Act. Supervisor Chapman states it is very important to continue to monitor and weigh-in on the wilderness bills because things often change between public meetings on proposals and the adoption and implementation of the bills.

4. Supervisor Dahle states they received reports on the State Budget - it is really just a phoney budget and unless cuts are made to State programs there will be big impacts on counties and it will take about four years to recover.

LASSEN COUNTY AIR POLLUTION CONTROL DISTRICT HEARING BOARD

It is moved by Supervisor McCain, seconded by Supervisor Keefer and carried to direct the County Clerk to advertise the vacancy on the Lassen County Air Pollution Control District Hearing Board created by the death of Byron Bartholf.

SOLID WASTE HEARING PANEL

It is moved by Supervisor McCain, seconded by Supervisor Keefer and carried to direct the County Clerk to advertise the vacancy on the Solid Waste Hearing Panel created by the death of Byron Bartholf.

CONSENT CALENDAR

Supervisor Keefer requests Item G-1, minutes, be removed for separate consideration and also points out a correction on page 176 noting he did not second the CSAC appointment motion.

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

COUNTY CLERK/COUNTY COUNSEL ITEM

Direct County Clerk to notify Districts that failed to respond to the request to review their Conflict of Interest Codes (Susanville Library District, Fort Sage School District, Ravendale-Termo Elementary School District, Lake Forest Fire District, Little Valley CSD, Spalding CSD, Big Valley Pest Abatement District, Lassen Regional Solid Waste Management Authority, Local Agency Formation Commission); and approve new Conflict of Interest Codes for Susanville School District, which has been reviewed by County Counsel.

ADMINISTRATIVE SERVICES - PERSONNEL ITEM

Receive and file Personnel Movement report for September, 2002.

OFFICE OF EMERGENCY SERVICES ITEM

Ratify continuation of Declaration of State of Disaster / Emergency in Lassen County.

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a. Lassen County Fair Advisory Board meeting agenda for October 8, 2002.

b. Lassen County Mental Health Advisory Board meeting agenda for October 8, 2002, and draft minutes of September 10, 2002.

c. Susanville Ranch Advisory Committee special meeting agenda for October 16, 2002.

d. Lassen Transit Service Agency meeting agenda for October 15, 2002.

e. Lassen County Transportation Commission meeting agenda for October 15, 2002.

BOARD OF SUPERVISOR'S MINUTES

It is moved by Supervisor Pyle, seconded by Supervisor McCain and carried, with Supervisor Keefer abstaining, to approve Minutes of October 8, 2002 with the noted correction.

ADMINISTRATIVE SERVICES - PERSONNEL DEPARTMENT ITEMS

It is moved by Supervisor McCain, seconded by Supervisor Keefer and carried to authorize the reclassification of one secretarial position (Range 12) in the Fair Office to Administrative Secretary (Range 15) (Position #9501).

It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to authorize LassenWorks to hire new position: Driver (Position No. 2208),

Range 4.

LASSEN COUNTY FAIR

Fair Manager Claud Neely presents and reviews the Lassen County State Fair Budget and notes it includes a $25,000 County match. Much discussion is held with it noted that during County budget hearings the County did not approve an allocation for the Fair.

It is moved by Supervisor Keefer, seconded by Supervisor Chapman and carried unanimously, on a roll call vote, to approve the Lassen County Fair State Budget for period of January 1, 2003, through December 31, 2003, with total "Proposed" Resources Available of $711,248 and total "Proposed" Expenditures of $591,067, and a projected Reserve Percentage of 20.3%, with the exception of the $25,000 County match.

Supervisor Chapman asks the CAO to see if some funding could be found for the Fair.

RECOGNITION COMMITTEE - PRESENTATION

Chairman Dahle makes the following presentations for years of service:

Ten years: a brass letter opener to Brandy Mills (Child Support) and Karen Embrey-Smith, (Health and Human Services).

Fifteen years: a two pen desk set to Steve Miller, (Health and Human Services)

Twenty years: a desk clock to Gail Harwood (Sheriff's Department).

HEALTH AND HUMAN SERVICES - LASSEN WORKS/SOCIAL SERVICES.

Health and Human Services Director Tom Keeffer introduces the subject of reviewing the methods of providing the required components of AB 1682 to

In-Home Supportive Service clients; and adopting Recommendation #2 as recommended by the Advisory Board. Recommendation #1: Create a public authority as the employer of record: a) Create an ordinance establishing the public authority; b) designate the Lassen County Board of Supervisors as the governing body; c) designate the existing Advisory Board, a nine-member panel comprised of 50% past or present consumers of In-Home Supportive Services program, to become the pubic authority's Advisory Board; d) request that the County Social Services be contracted to provide the mandated components of AB 1682. Recommendation #2: Appoint a non-profit consortium as the employer of record: a) Take action to declare the non profit consortium as the employer of record; b) designate the Lassen County Board of Supervisors as the governing body; c) designate the existing Advisory Board, a nine-member panel comprised of 50% past or present consumers of In-Home Supportive Services program, to become the non-profit consortium's Advisory Board; d) direct that a Request for Proposal (RFP) be issued to contract mandated components of AB 1682.

In-Home Supportive Services Advisory Commission Member Sue Owen presents the Advisory Commission's recommendation is Option #2.

In-Home Supportive Services Advisory Commission Member Chuck Garner presents a letter recommending the non-profit consortium known as Community Service Solutions (CSS) be appointed to administer all aspects of AB 1682 as it pertains to Lassen County.

Welfare Director Peggy Crosby provides information and answers questions relating to the two options.

Supervisor McCain favors Option #2 with the recommendation that great care be taken in choosing a provider.

Supervisor Chapman wonders about the estimated budgets for the various options as there appear to be lots of guessing.

CAO Whiteman discusses the impacts the County will be experiencing in relation to this legislation. He also notes the consortium is just formed and has no track record.

Peggy Crosby notes how impossible it is to make accurate fiscal projections due to the changes the State continues to make.

Personnel Director Lynne Margolies recommends initially going with the Public Authority Option in order to maintain some control with the understanding it could be switched to a consortium after a track record is established.

Supervisor Chapman is not prepared to take action without further information.

Supervisor Keefer would like to see the pros/cons of each option.

CAO Whiteman proposes a study session be held since this is such a complicated matter, and receives authorization from the Board.

United Domestic Workers of America Representative Barbara Hoff, addresses the board members.

HEALTH AND HUMAN SERVICES - ALCOHOL AND DRUG

Michele Urrutia and Kathy Alberico introduce Dandy the Smokeless Dragon and Uni the Drug-Free Unicorn and present information on the plans for Red Ribbon Week.

It is moved by Supervisor Keefer, seconded by Supervisor Chapman and carried to adopt a Proclamation declaring October 20-27, 2002 as Red Ribbon Week, encouraging Lassen County citizens to participate in drug-free prevention and education.

Recess 10:59 - 11:06 a.m.

NORCAL EMS

Patrick Tillman and Dan Spiess provide an educational presentation covering services provided by Northern California EMS, Inc. and their administrative structure.

UNITED STATES FOREST SERVICE

Lassen Forest Supervisor Ed Cole provides an update on the Cone Fire and Blacks Mountain Experimental Forest, dramatically showing the effectiveness of thinning to control fires.

Mr. Cole announces a memorial service for the three fire-fighters killed in the Happy Camp Fire this past July, is scheduled for this Saturday at 1:00 p.m. at the Chester Football Field.

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION

Community Development Director Robert Sorvaag briefly reviews the previous appeal hearing of the Planning Commission's August 7, 2002 decision to adopt a Mitigated Negative Declaration and approve Use Permit #2002-034, Beaty & Associates/Round Mountain Rock. The use permit would allow the addition of an asphalt hot plant to the existing mining operation.

He informs the board members that a letter has been received from Round Mountain Rock owner R.L. Gilliland requesting a ninety-day extension of the time limits for Board action because he is exploring potential alternative location opportunities for the proposed hot plant.

County Counsel John Ketelsen states there is no need for action by the Board since an extension is a matter of right.

No action is taken.

OFFICE OF EMERGENCY SERVICES

Director of Emergency Services Chip Jackson states the Livestock Assistance Program legislation has only been heard by one house of the Federal Legislature and it would be premature to adopt a new Declaration of State of Disaster / Emergency in Lassen County for 2002 until the legislation passes. There may be a need to take action prior to December 31st. He recommends sending a letter to the Farm Services Administration (FSA) updating them on current conditions and informing them of the continuation of Lassen County's 2001 Declaration of Disaster.

Chairman Dahle directs Agriculture Commissioner Ken Smith to gather data for the letter and to continue to work with the FSA.

PUBLIC WORKS DEPARTMENT

Public Works Director Larry Millar announces that four bids were received to perform the asphalt overlay project for Johnstonville Road East: Baldwin Contracting, Chico - $690,040; Miller's Custom Works, Susanville - $798,120; J.F. Shea Co., Redding - $845,200; and Sierra Nevada Construction, Inc. - $886,790.

It is moved by Supervisor Chapman, seconded by Supervisor Keefer and carried to award the contract for "Asphalt Concrete Overlay, Preparation Work and Pavement Marking on Johnstonville Road East (CR238) and CR215)" to Baldwin Contracting, Chico, in the amount of $690,040; authorize the Director of Public Works to sign the contract; and authorize the Director of Public Works to authorize change orders up to the amount allowed by law.

INFORMATION FOR THE BOARD

CAO Whiteman informs the board members that he will be attending the CAO Annual Conference the remainder of this week.

UNAGENDIZED BOARD REPORTS CONT.

5. Supervisor Dahle received a letter from Solid Waste Authority Board Chairman Doug Sayers relating to Supervisor McCain's failure to attend four meetings without prior notification of his intended absence. Mr. Sayers notes if it were known that Mr. McCain was not going to attend the alternate could be called so full County representation would be available. Chairman Dahle directs this letter be placed on the next agenda.

REQUEST FOR INFORMATION - MARR ROAD

Supervisor McCain asks for information regarding maintenance records for Marr Road, Mail Route, and other roads in the Ravendale area as previously requested by Janie Hansen.

Public Works Director Larry Millar states that he has partially responded to Ms. Hansen and is continuing to gather data. The information she has requested requires compiling data from several sources and takes time. He also informed her that she could come into the office and inspect records.

Supervisor McCain feels that his partial response should have included when he expected to have the remainder of the information available.

Janie Hansen questions the reports that Mr. Millar is receiving from staff because it was reported that work was performed in February on Marr Road and she knows that did not happen. She states work was performed during that time on Horn Road. She wants information on what has been spent on Marr Road, Stage Road, Horn Road and Chicken Ranch Road.

Mr. Millar responds that different types of work is performed on different roads, some are dirt and are graded, others are graveled, etc.

ADJOURNMENT IN MEMORY

There being no further business, the meeting is adjourned at 12:07 p.m. in memory of Bill Beterbide, a retired thirty (30) year Road Department employee.

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CHAIRMAN OF THE BOARD OF SUPERVISORS

ATTEST:

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THERESA NAGEL, CLERK OF THE BOARD