BOARD
OF SUPERVISORS
NOVEMBER
18, 2003
The
Lassen County Board of Supervisors convene in Regular Session at 9:08 a.m. Vice-Chairman Hanson 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 9:09 a.m. to discuss: 1) Conference with Legal Counsel: Existing litigation pursuant to Subdivision
(a) of Government Code Section 54956.9: Judlin vs. Lassen County, Case # CIV
S-02-0345; and 2) 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 Counsel John Ketelsen, County
Administrative Officer Andy Whiteman, Personnel Director Lynne Margolies, Chief
Probation Officer Snerp Whipple and County Clerk Theresa Nagel. Lynne Margolies, Snerp Whipple and John
Ketelsen depart at 9:15 a.m. Closed
Session is recessed at 10:06 a.m.
The
Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday,
November 18, 2003, at 10:09 a.m.
Present: Supervisors Robert Pyle,
Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; 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: 1)
Conference with Legal Counsel:
Existing litigation pursuant to Subdivision (a) of Government Code
Section 54956.9: Judlin vs. Lassen County, Case #CIV S-02-0345 - motion by
Supervisor Dahle, seconded by Supervisor Hanson and carried to give approval
for legal counsel to enter into settlement negotiations with plaintiff's counsel;
and 2) Employee
performance evaluation: County
Administrative Officer McFerrin A. Whiteman - board members raised significant
issues with CAO Whiteman and will await his response.
AGENDA
APPROVAL, ADDITIONS AND/OR DELETIONS
Supervisor
Pyle requests the meeting be adjourned today in memory of Arnold
Hasselwander. Supervisor Chapman also
wants the meeting adjourned in memory of Jeffrie Esparza and Fred Money.
It is
moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to approve
the agenda with the noted changes.
PUBLIC
COMMENT
Chairman
Chapman asks for public comment and no comments are received.
RECOGNITION
COMMITTEE-PROCLAMATION
It is
moved by Supervisor Dahle, seconded by Supervisor Pyle and carried to adopt a
Proclamation recognizing Kristine Mahan upon her retirement from the Health and
Human Services Department.
RECOGNITION
COMMITTEE PRESENTATION
Chairman
Pyle makes the following presentations:
Retirement: Kristine Mahan (Health and Human Services
Department)
Fifteen
years: a two pen desk set to Karen Tamar Dean (Health and Human Services) and
David Farano (Health and Human Services)
SAFETY
COMMITTEE PRESENTATION
Chairman
Chapman notes that Lassen County received the highest score ever achieved since
the beginning of Trindel's Safety Award Program and presents
Certificates
of Appreciation to each member of the County-wide Safety Committee. Committee members present - John Mineau,
Christina "Tina" Anderson, Sonjia Edwards, Cathy Hilts, Pamela Yeates,
Susan Osgood, Donna Minch, Sharon Johnson, Sheila McGarva, Jacqueline
"Jackie" Stovall, Catherine "Cass" Harrington, Stephanie
Mallery, Karen Del Carlo, Paul "Rocky" Langslet, Robert
"Bob" McGarva, James "Jim" Watters, James "Jim"
Davis, Kathy Waters, Norma Sheetz, Kyla Curley.
Committee members not present - Vianna Robbins, Craig Hemphill, Marcia
McKee, Ann Hendrix, Sam Porter, Paula Lawton, Robin Jones, Michelle
"Mike" Schull, Roy Thiels, Lilizean "Lily" Adachi, John
Luond, Brenda Spaniol, Shirley Johnson-Wright, Rodger Clark.
UNAGENDIZED
BOARD REPORTS
1. Supervisor Chapman notes that he saw
Supervisor Hanson on Channel 12 News last night and Supervisor Hanson
acknowledges he attended the inauguration of Governor Schwarzenegger. Supervisor Hanson reports on: LRA Herlong
Property signing ceremony and tour of Federal Prison; Herlong Utility Co-op
meeting; and BLM Resource Management Scoping meeting. Upcoming events are: community meeting to
discuss water exportation from Dry Valley and Honey Lake Valley tomorrow from
4:00 - 6:30 p.m.; and Sonoran Institute meeting on the BLM Resource Management
Plan on November 20th.
2. Supervisor Pyle reports on the topics
discussed at the Eagle Lake Interagency Board meeting - Spalding Wastewater
Project, Spalding Marina construction schedule, lake level continues to drop,
fuels treatment plans for Spalding and Stones areas, (Counsel departs at 10:33
a.m.) and the status of the new Fish and Game Eagle Lake Management Plan.
3. Supervisor Keefer reports that he attended
the Lassen County Fire Safe Council meeting and wants a report made to the
Board of Supervisors on the goals of the Fire Safe Council at a future
meeting. Notes he has a final draft of
the Fire Safe Plan. Reports on RAC
meeting held November 6th. Reports on
the LAFCO meeting noting they finally adopted rules and also voted to write a
letter to the County asking for County Counsel opinion on a possible conflict
of interest in regard to the LAFCO Legal Counsel. (Counsel returns at 10:35
a.m.) Supervisor Keefer attended the
Statewide RAC meeting in Sacramento and the Lassen County Economic Council
meeting.
4. Supervisor Keefer designates that $1500 of
his discretionary funds be allocated to the Milford Community Association for
continued development of the community park.
5. Supervisor Dahle thanks Jim Chapman, Larry
Millar and Andy Whiteman for attending the Co. Rd. A-2 Ribbon Cutting Ceremony;
discusses plans for a ribbon cutting at the Family Resource Center; and
announces he will leave for the CSAC Conference following today's meeting.
6. Supervisor Chapman discusses the Co. Rd. A-2
Ribbon Cutting and the viewing of the Bieber Family Resource Center; reports on
the Prop 10 Commission meeting; reports on the PSA II conference call meeting,
Veterans Day Ceremony and the LRA signing ceremony; expects the CSAC Conference
this week to be very interesting.
7. Supervisor Dahle reports on the unique
Veterans Day Celebration held in Big Valley and how successful it was.
8. Supervisor Chapman announces he took out
papers to run for Supervisor yesterday.
9. Supervisor Dahle and Supervisor Pyle announce
they have also taken out papers to run for their positions in March.
UNITED
WAY CAMPAIGN 2003/2004
Chris
Beard presents information on the Lassen County United Way Campaign Kickoff and
distributes a list of local agencies that United Way contributed to last
year. She notes that Lassen County
employees have been very generous in the past and encourages everyone to donate
$1 per pay period.
LASSEN
COUNTY CHILDREN AND FAMILIES COMMISSION
It is
moved by Supervisor Pyle, seconded by Supervisor Hanson and carried to accept
the letter from Karol Merten submitting her resignation from the Lassen County
Children and Families Commission, and direct County Clerk to advertise vacancy.
PSA 2
- AREA AGENCY ON AGING
It is
moved by Supervisor Hanson, seconded by Supervisor Pyle and carried to appoint
Joleen Anderson, George Oakley and Jack Kessler to fill vacancies on the Lassen
County Advisory Council for two year terms.
CONSENT
CALENDAR
Supervisor
Dahle requests that Item G-9, A-2 final payment, be pulled for separate
consideration.
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 October 28, 2003.
AUDITOR
AND TREASURER DEPARTMENTS ITEM
Receive
and file Treasurer's Investments Report and Auditor's verification for the
month of September, 2003.
COUNTY
COUNSEL ITEMS
Reject
claim of John L. Womack, in its entirety, and direct County Clerk to send
Notice of Rejection; and reject claim of Antonio Jimenez, in its entirety, and
direct County Clerk to send Notice of Rejection.
PRISON
TRIALS COST REIMBURSEMENT PROGRAM ITEMS
Receive
and file Recap of CCC Prison Trials Cost Reimbursement Billing for the month of
October, 2003; and High Desert State Prison Trials Cost Reimbursement Billing
for the month of October, 2003.
PUBLIC
DEFENDER ITEM
Adopt
Resolution No. 03-075, approving a contract with Robert P. Grant to provide
investigative services for the Public Defender, from December 1, 2003 through
November 30, 2004; and authorize County Administrative Officer to sign the
contract.
PUBLIC
WORKS DEPARTMENT ITEMS
1) Award bid for the purchase of Liquid Propane
for various County facilities within the Doyle, Ravendale, Standish, Susanville
and Westwood areas to Amerigas, Susanville, in the amount of $0.37/gallon (firm
margin above BPN) and to Ed Staub & Sons, Susanville, for the Bieber area
in the amount of $0.39/gallon (firm margin above BPN), the lowest bidders. 2)
Award bid for the purchase of heating oil/Diesel #2 for various County
facilities within the Bieber area to Don Harbert Oil, Bieber, in the amount of
$0.08/gallon (firm margin above OPIS) and to Ed Staub & Sons, Susanville,
for the Susanville and Westwood areas in the amount of $0.0855/gallon (firm
price above OPIS), the lowest bidders.
PUBLIC
WORKS DEPARTMENT - SURVEYOR DIVISION ITEM
Adopt
Resolution No. 03-076, approving Parcel Map # 2001-131, Carver, and accepting
the described easement as shown on the map.
TREASURER
ITEM
Receive
and file Treasurer's Fund Balance Report for September, 2003.
MISCELLANEOUS
CORRESPONDENCE ITEMS
Receive
and file the following correspondence:
a. PSA 2 Area Agency on Aging meeting agenda for
November 3, 2003, and minutes of October 6, 2003.
b. Lassen County Planning Commission meeting
agenda for November 5, 2003.
c. Lassen
County Fair Advisory Board meeting agenda for November 4, 2003, and minutes of
November 4, 2003.
d. Local
Agency Formation Commission of Lassen County meeting agenda for November 10,
2003.
e. Eagle Lake Interagency agenda for November
13, 2003.
PUBLIC
WORKS DEPARTMENT
It is
moved by Supervisor Keefer, seconded by Supervisor Pyle and carried, with
Supervisor Dahle abstaining, to authorize the Public Works Director to sign
Final Pay Estimate with J. F. Shea Co., Inc. for the County Road A-2/Bieber Lookout Road construction
project in the amount of $282,714.09.
ADMINISTRATION
SERVICES - PERSONNEL DIVISION
Personnel
Director Lynne Margolies presents and discusses a request for
reclassifications
of Health and Human Position #9124 from Services Psychiatric Nurse (Range U 24,
Classified, NonExempt) to Chief, Mental Health Clinical Records/Administration
(Range MM 26, Classified, NonExempt); Position #2005 from Secretary (Range U 12,
Classified, NonExempt) to Senior Admin Clerk (Range U 10, Classified,
NonExempt); Position #9138 from Admin Clerk (Range U 8, Classified, NonExempt)
to Senior Admin Clerk (Range U 10, Classified, NonExempt), and Position #9121
from Program Manager (Professional) (Range MM 28, Classified, NonExempt) to
Program Manager (Range MM 26, Classified, NonExempt), effective November 18,
2003, or as soon thereafter as possible subject to recruitment times and proper
notification per appropriate Lassen County MOU's. (Supervisor Chapman departs at 10:00 a.m.)
Supervisor
Keefer notes this is not following the previous recommendation that prior to
making reclassification recommendations a full analysis be performed on the
impacts to the entire county organization.
This is being treated differently than other reclassifications. (Supervisor Chapman returns at 10:02
a.m.) Ms. Margolies explains what
actions have been taken and states this is in response to a request from
Interim H&HS Director Gauthier. CAO
Whiteman notes the H&HS reorganization was performed in response to Board
direction and these reclassifications are a result of the reorganization. Further discussion is held.
Board
members indicate they are not ready to take action on this recommendation and
desire further information. Chairman
Chapman continues the item to the December 9, 2003 agenda.
UNITED
STATES FOREST SERVICE
Community
Liaison Heidi Perry provides an update on Resource Advisory Committee (RAC)
2004 Proposals. She distributes a list
of RAC members as of November 17, 2003; an updated list of 2003 RAC Proposals
covering a variety of projects on private and National Forest lands across the
county; and a list of twenty-two 2004 RAC Project Proposals. Presentations on the 2004 proposals will be
held on December 10th and the RAC will start the selection process on December
11th.
ADMINISTRATIVE
SERVICES - PURCHASING DIVISION
It is
moved by Supervisor Dahle, seconded by Supervisor Hanson and carried, with
Supervisor Chapman voting NO, to approve lease agreement with Ray Morgan
Company for three (3) copy machines in the Welfare Department for 60 months at
the rate of $1901.17 per month.
It is
moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to approve
the surplus of 11 vehicles from Fleet Maintenance and 18 assorted vehicles and
heavy equipment from the Road Department and approve an advertised sealed-bid
auction.
AGRICULTURE
COMMISSIONER
Bid
Award:
It is
moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to award
bid to McArthur Farm Supply, McArthur, the lowest bidder meeting
specifications, for weed spraying herbicides, in the amount of $15,349.35.
Pest
Abatement District:
Agriculture
Commissioner Ken Smith notes that County Counsel is still reviewing the proposal
to form a Pest Abatement District in Honey Lake Valley and suggests it may not
be appropriate to take any action today.
Chairman
Chapman continues this item to December 9, 2003.
(County
Counsel absent 11:27 - 11:29 a.m.)
LASSEN
COUNTY FAIR
2003
Budget Adjustments:
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried
unanimously, on a roll call vote, to approve revenue and expenditure
appropriation increases: Increases of
$40,199. in the 2003 Lassen County Fair budgeted revenues and expenditures as
detailed on the Expenditure/Revenue Transfer Form and Budget/Appropriation
Transfer Form to address the expectation that the projected total operating
expenditures will exceed the approved budget; and decreases of $8,534.43 from
the Operating Reserves and $31,664.57 from Fair 2000 Trust.
2004
Fair Budget:
Fair
Manager Claud Neely presents, discusses and answers questions in regard to the
2004 Lassen County Fair Budget. Supervisor Dahle will be making a motion to
approve this budget, but does not want to see a $40K change made at the end of
next year.
It is
moved by Supervisor Dahle, seconded by Supervisor Keefer and carried
unanimously, on a roll call vote, to approve Lassen County Fair State Budget
for period of January 1, 2004, through December 31, 2004, with total
"Proposed" Resources Available of $712,115 and total
"Proposed" Expenditures of $592,428, and a projected Reserve
Percentage of 20.2%.
LAFCO
It is
moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to
approve and authorize Chairman to sign an agreement between LAFCO, City of
Susanville and County of Lassen for county and/or city services.
CRIMINAL
JUSTICE SYSTEM
Supervisor
Pyle does not feel a board member needs to be on the Criminal Justice Coordinating
Commission (CJCC) and does not want to create any friction by asking for a
board member to be included. Other board
members agree and want the draft letter revised to remove that request. County Counsel John Ketelsen notes that he
has been invited to attend the meetings but the CAO has not yet been
invited. Supervisor Chapman feels it is
important to have some budgetary link on the committee and the CAO would fill
that need.
It is
moved by Supervisor Dahle, seconded by Supervisor Pyle and carried to direct
the CAO to rewrite the letter and to authorize the Chairman to sign the revised
letter to Criminal Justice Agency regarding the status of the Lassen County
Criminal Justice System.
INFORMATION
FOR THE BOARD
1. CAO Whiteman announces a progress meeting
will be held this afternoon with the Indoor Arena Consultant.
2. Supervisor Chapman announces that Assemblyman
Dave Cox will be here on December 19th and would like to meet with various
board members and the public. He
suggests the Board of Supervisor's room could be used for a town hall meeting.
STATE
PRISON WORK CREWS
It is
moved by Supervisor Pyle, seconded by Supervisor Dahle and carried to
authorize
the CAO to draft a letter for the Chairman's signature, strongly opposing the
proposal to begin charging for California Correctional Center (CCC) work crews.
ADJOURNMENT
IN MEMORY
There
being no further business, the meeting is adjourned at 11:58 a.m. in memory of
Arnold Hasselwander, Jeffrie Esparza and Fred Money.
__________________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
_______________________________________
THERESA
NAGEL, CLERK OF THE BOARD