BOARD OF SUPERVISORS

NOVEMBER 12, 2002

The Lassen County Board of Supervisors convene in Regular Session at 9:03 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 9:05 a.m. for: Conference with Legal Counsel: Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: Citizens for Healthy Rural Environment and Richard & Mary Morgan vs. Lassen County Board of Supervisors as respondents and Larry and Lise Wosick, real parties of interest, Case #34687.

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, Assistant County Counsel Craig Settlemire and County Clerk Theresa Nagel. Supervisor Chapman is absent. Closed Session is recessed at 9:29 a.m.

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, November 12, 2002, at 9:33 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 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: Citizens for Healthy Rural Environment and Richard & Mary Morgan vs. Lassen County Board of Supervisors as respondents and Larry and Lise Wosick, real parties of interest, Case #34687 - no reportable action taken.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

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

PUBLIC COMMENT

1. Ron Wood presents a binder with a report that he prepared on gangs in Susanville and Lassen County and he discusses the document.

2. SIAD Public Affairs Officer Larry Rogers announces that tomorrow afternoon an emergency demolition of 94 pounds of ammunition will occur.

UNAGENDIZED BOARD REPORTS

1. Supervisor Chapman discusses a letter received from BLM Field Manager Linda Hansen announcing her relocation to the desert area of Southern California. He would like to have a proclamation of appreciation prepared for her.

2. Supervisor Pyle states there is confusion relating to Measure D and where it leaves the County in relation to the Williamson Act. County Counsel John Ketelsen will prepare a report for the board members.

3. Supervisor Pyle designates that $1,000 of his discretionary funds be allocated to the Richmond School Community Association.

LASSEN COUNTY FAIR BOARD

The Board of Supervisors recess and convene as the Lassen County Fair Board.

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to appoint Dan Douglas to fill a vacancy on the Lassen County Fair Board, created by the resignation of Robert Taylor.

The Lassen County Fair Board adjourns and the Board of Supervisors reconvene.

PSA 2 - AREA AGENCY ON AGING

It is moved by Supervisor McCain, seconded by Supervisor Chapman and carried to appoint Kay E. White to fill a vacancy on the PSA 2 Area Agency on Aging Executive Board.

SOLID WASTE HEARING PANEL

It is moved by Supervisor McCain, seconded by Supervisor Pyle and carried to appoint Kay E. White to fill a vacancy on the Solid Waste Hearing Panel.

CONSENT CALENDAR

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

COUNTY CLERK ITEM

Approve Minutes of October 29, 2002.

COUNTY CLERK - PROPOSITION 65 REPORT ITEM

Receive and file report #02-08, filed by Emergency Services Officer Chester G. Jackson - NOTIFICATION OF HAZARDOUS MATERIALS RELEASE: On October 24, 2002, at approximately 0957 hours, spill of approximately 200 gallons of kerosene heating fuel from a damaged fuel line at 32 Upland Street, Susanville. Homeowner was advised to contact their insurance company. OES Warning Center and Lassen County Environmental Health were advised.

Receive and file report #02-09, filed by Lassen County Environmental Health Director Doug Ames, on October 25, 2002 - NOTIFICATION OF HAZARDOUS MATERIALS RELEASE: On October 24, 2002, at approximately 0957 hours, spill of approximately 200 gallons of kerosene heating fuel possibly from a damaged fuel line at 32 Upland Street, Susanville. Homeowner was advised to contact their insurance company. OES Warning Center and Lassen County Environmental Health were advised.

COUNTY CLERK - ELECTIONS DIVISION ITEM

Receive and file Certification of November 5, 2002 Consolidated Gubernatorial General Election; and pursuant to Election Code Section 15400 declare all persons that were elected and the results of each measure voted on.

AGRICULTURE DEPARTMENT ITEM

Approve Egg Quality Inspection Contract in the amount of $200. with the California Department of Food and Agriculture for FY 2002/2003; and authorize the Chairman to sign the contracts.

COUNTY COUNSEL ITEMS

Reject claim of Gayle McMoran, in its entirety, and direct County Clerk to send Notice of Rejection.

Reject claim of James Delong, in its entirety, and direct County Clerk to send Notice of Rejection.

OFFICE OF EMERGENCY SERVICES ITEM

Ratify continuation of Declaration of State of Disaster / Drought Emergency in Lassen County for 2002.

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a. Lassen County Planning Commission agenda for November 6, 2002.

b. Lassen County Mental Health Advisory Board meeting agenda for November 12, 2002, and unapproved minutes of October 8, 2002.

c. Lassen County Transportation Commission meeting agenda for November 12, 2002.

d. Lassen County Fair Advisory Board meeting agenda for November 12, 2002.

CHILD SUPPORT SERVICES

It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried unanimously, on a roll call vote, to approve an increase to the Child Support budget revenue and expenditures in the amount of $28,904.

VETERAN'S DAY PROCLAMATION

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to adopt a Veteran's Day Proclamation and to place this proclamation on the agenda each year for the last meeting of October.

INFORMATION FOR THE BOARD

1. CAO Whiteman distributes copies of the Final 2002/2003 Budget.

2. CAO Whiteman announces he will be gone the week of Thanksgiving.

3. CAO Whiteman announces a mini-retreat will be held on Friday at the Skedaddle Inn followed by a tour of the federal prison.

4. CAO Whiteman asks if the board members want a proclamation prepared for Wally Herger. Chairman Dahle requests that a proclamation be prepared for the next meeting.

Recess 9:50 - 10:02 a.m.

RECOGNITION COMMITTEE - PRESENTATION

Chairman Dahle makes the following presentations for years of service:

Fifteen years: a two pen desk set to David Martin (Sheriff's Department); and Twenty years: a desk clock to Joe Bertotti (Community Development Department).

FEDERAL BUREAU OF PRISONS

Federal Bureau of Prisons Representative David Dorworth is here to let board members know what is going on in relation to the construction of the federal prison. He is here to make a last ditch attempt to resolve the issue of water and sewer for the prison which is 83% complete. Prison representatives will be meeting with the Herlong Utility Cooperative (HUC) Use Permit appellants and the HUC representatives to craft a compromise. He compliments County staff (Andy and Joe) for working tirelessly on this issue. He states they want to be able to present a compromise to the board members on November 26th, but if they are unable to reach a compromise they will have to go forward on their own. He states this is not what they want to do because it will mean the loss of a benefit to the community.

Supervisor Pyle asks what happens to the HUC if they go forward on their own. Mr. Dorworth responds they have made a commitment to stick with the HUC until it is apparent they cannot. No decision has been made to dissolve the relationship with HUC. Supervisor Pyle asks where they would go for the needed water and Mr. Dorworth states they would prefer to go off-site because of the poor water quality on the prison site.

Discussions are held on events that have led to the current situation relating to the water issue and the prison.

Supervisor Chapman states that water has been an issue from the very beginning. He feels the West Patton Village CSD should have been the vehicle to develop water and sewer infrastructure but certain individuals pushed the formation of the HUC.

Supervisor Keefer encourages Mr. Dorworth to work with affected parties on a compromise.

In response to a question from Supervisor Pyle, Mr. Dorworth states that Jeff Malaka will be the lead negotiator for the federal prison.

UNITED WAY

Assistant to the CAO Chris Beard presents information on the fundraising plans for United Way. Last year Lassen County employees contributed $8,004 which was up from $3,821 the previous year and just over $900 the year before that. She provides information on the local distribution of funds. Regional representative Lynn Arnett presents further information.

Chairman Dahle directs that action be placed on the next agenda to support the United Way Campaign.

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION

Community Development Director Robert Sorvaag introduces discussion relating to an organized event proposal (Civil War re-enactment) within Susanville Ranch Park for the first weekend in June, 2003.

Lance Cramer presents information on the proposal and states he has been working with the Chamber of Commerce who are overwhelmingly in favor of the proposal. He states the school days event is one of his favorite aspects because it gives students the ability to see live history. He notes that Melanie Ernaga brought her class to an event held in Redding and is very much in favor of the program.

Chamber of Commerce Manager Theresa Crowther states these events bring families together and educates children. She has also found that communities are not negatively impacted in any way.

Discussion is held on what would need to be done with the current ordinance governing use of the park in order to hold this event.

Supervisor Chapman notes that parking will be the major issue but the public transit bus should be able to address that. He also notes the issue of fire needs to be addressed.

Chairman Dahle directs staff to craft an ordinance that will facilitate this event without moving toward commercial uses in the park.

Mr. Cramer states their recent experience at Butte College was attendance of approximately 500 at each battle event (two held each day). He also provides information on how careful they are with fire issues and how they are very careful to protect the environment and clean-up after themselves.

Supervisor Chapman does not want any specific number of attendees placed on this event such as was done for the motocross track. He feels we should not underestimate the number of potential attendees as this leads to problems if the event is very successful.

Mr. Cramer needs to know when it will be known if this will be approved and Supervisor Dahle responds that direction has been given to staff to prepare the documents to allow the event.

UNITED STATES FOREST SERVICE

Public Affairs Officer and Rural Development Coordinator Heidi Perry provides an update on Community Grant opportunities with application due dates of December 6, 2002: Economic Recovery Grants of $10,000 - $30,000, Economic Program - National Fire Plan Grants of $10,000 - $75,000 and Community Protection Grants of $10,000 - $200,000.

She also announces that grant funds will be awarded in a couple of weeks for: Lassen County Fire Safe Council - $38,000, Westwood Visitor's Center Planning - $25,000 and Fall River RC&D - $25,000.

Recess 11:17 a.m. - 2:08 p.m. Supervisor Dahle and Supervisor McCain are not present.

STUDY SESSION - IN-HOME SUPPORTIVE SERVICES EMPLOYEE OF RECORD

Welfare Director Peggy Crosby introduces employee Tamara Chandler who presents information on what the program provides for persons needing help.

Mrs. Crosby presents the options under consideration: create a public authority or use a non-profit consortium.

Mike Noda and Carolyn Williams from Community Services Solutions, a non-profit group formed to provide these services, present information on what they can provide and some estimated budgets. (Supervisor Dahle enters at 2:34 p.m.)

Extensive discussion is held on the proposed budgets for each option.

In-Home Supportive Services Advisory Board members Chuck Garner and Patti Meadows are both in favor of a non-profit consortium because it gives the opportunity to see if the program will work better than what we have now which is not working well for the elderly and handicapped. Advisory board member Sue Owens feels it is necessary to educate the recipients on what their rights are. Advisory Board member Jackie Musick works for a non-profit (Indian Elders Council) that provides services for the elderly and most of the complaints they hear is a lack of oversight over the service providers. She supports the non-profit proposal.

Further in-depth discussion is held.

It is moved by Supervisor Keefer, seconded by Supervisor Chapman and carried on a roll call vote, with Supervisor Pyle voting NO and Supervisor McCain absent, to direct staff to prepare an ordinance creating a public authority with direction to hold a study session for assessment of the program three months after the start of the program.

ADJOURNMENT IN MEMORY

There being no further business, the meeting is adjourned at 3:45 p.m. in memory of local school teacher Fern Urionaguena.

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CHAIRMAN OF THE BOARD OF SUPERVISORS

ATTEST:

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THERESA NAGEL, CLERK OF THE BOARD