BOARD OF
SUPERVISORS
NOVEMBER
25, 2003
The
Lassen County Board of Supervisors convene in Regular Session at 9:07 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 9:08 a.m. for a conference with Legal Counsel: Existing litigation pursuant to Subdivision
(a) of Government Code Section 54956.9: Miles v. Lassen County Agriculture
Commissioner/Lassen County and Schmidt v. County Agriculture
Commissioner/Lassen County - HUD, cases 09-03-0801 and 09-03-0841-8.
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 and County Clerk Theresa Nagel. Closed Session is recessed at 9:27 a.m.
The
Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday,
November 25, 2003, at 9:30 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 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: Miles v. Lassen County
Agriculture Commissioner/Lassen County and Schmidt v. County Agriculture
Commissioner/Lassen County - HUD, cases 09-03-0801 and 09-03-0841-8 - no public
report because no agreement was reached or agreement is not final.
AGENDA
APPROVAL, ADDITIONS AND/OR DELETIONS
Supervisor
Chapman announces the Community Development Department has requested the Zoning
Ordinance Amendment public hearing be continued to December 16th. He also asks that the meeting today be
adjourned in memory of Mabel Jenkins.
It is
moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to
approve the agenda with the noted changes.
PUBLIC
COMMENT
Violet
Stout apologizes to the farmers for missing the water meeting and expresses her
disgust at the waste of water and food that she saw at a casino in Reno.
UNAGENDIZED
BOARD REPORTS
1. Supervisor Hanson reports on: the community
scoping meeting on the EIS relating to Dry Valley and Honey Lake Valley water
exportation proposals; the meeting sponsored by BLM with the Sonoran Institute;
notes that South County Family Resource Center has a new director (Long Valley
Elementary Teacher) and he discusses some of the activities they have begun;
recognizes Deputy Sheriff Murphy for the good work he is doing in the South
County.
2. Supervisor Pyle feels there are positive
opportunities for getting mitigations put in place relating to the water
exportations; he provides an update on the Westwood Visitors Center noting that
CalTrans has put up directional signs, but there are no County signs in place. He asks the CAO to check with Public Works
Director Larry Millar on this matter.
3. Supervisor Keefer further reports on the new
Lahontan regulations relating to grading and how it affects the Janesville Park
project.
4. Supervisor Dahle attended the CSAC Conference
and heard that Costco and Boeing are moving their facilities out of California
due to the poor business climate - the last straw was Worker's Comp. He
also attended a panel that discussed the poor legislation that is
resulting from the Southern California fires.
RCRC and CSAC are getting together to monitor how legislation is
actually implemented in the field after adoption. CSAC will also be helping RCRC obtain
representation on NACO.
5. Supervisor Chapman reports on sessions he
attended at CSAC: Leon Panetta talked
about the concept of "pay as you go" and the need for that strategy
in California, and the need for California to concentrate on military base
retention. Supervisor Chapman asks the
CAO to place a resolution on the next agenda relating to this. He reviews the discussions relating to VLF
funding and extensively reviews the discussions of the Local Taxpayers and
Public Safety Protection Act Initiative (The Initiative). He obtained information on new speed zone
signs that have built-in radar speed notification which he will provide to the
Transportation Commission. He attended
the Citizens Advisory Committee meeting and went on a tour of the new Ad Seg
Unit at High Desert State Prison. There
were also discussions about the status of inmate crew fees. He distributes an article entitled
"Secret Budget Numbers Baffle California Experts".
6. Supervisor Pyle designates that $200 of his
discretionary funds go to the Chimney Fund.
7. Supervisor Dahle wants to have more in-depth
discussion on The Initiative. Chairman
Chapman asks the CAO to schedule a study session in December to discuss VLF
Funding and The Initiative.
Recess
10:25 - 10:32 a.m.
PUBLIC
HEARING -- VARIANCE #2003-153, LOVE
The
public hearing is opened at 10:32 a.m. to consider Variance #2003-153, Thomas
and Mary Love: Variance request from the
25 foot rear yard setback under the "C-T" (Town Service) zone, to
allow a single family dwelling to be placed 15 feet from the rear property
line. The property is located at 692-415 Bengard Way, Bengard Subdivision
Number 2, Eagle Lake.
Community
Development Director Robert Sorvaag presents the staff report and presents the
findings of the Planning Commission and their recommendation for denial of the
variance.
David
Vandevelde, adjacent landowner, states that he is in the process of building a
home and designed the house to meet the 20' setback rules. He also is representing other owners who
object to allowing a variance and see the ability to redesign the house to fit
on property without making it smaller.
Ron
Milton also speaks against granting a variance and states the floor plans could
be changed to build a home within the setbacks.
Tom
Love states the house size is mandated by the CC&R's (nothing less than
1500 sq. ft.) and states he has worked with his architect and cannot take
advantage of the view, meet the CC&R's and fit within the setbacks.
The
hearing is closed at 10:46 a.m.
In
answer to a question from Supervisor Dahle, Community Development Director
Robert Sorvaag states this parcel is zoned commercial and has a 25' setback
rather than a residential zoned lot which has a 20' setback.
It is
moved by Supervisor Dahle, seconded by Supervisor Pyle and carried unanimously,
on a roll call vote, to uphold the Planning Commission recommendation and deny
the variance.
PUBLIC
HEARING - ZONING ORDINANCE AMENDMENT #318.24, LASSEN COUNTY
The
public hearing continued from October 14, 2003, is reopened at 10:49 a.m., to
consider the amendment of various Lassen County Code chapters within Title 18,
Zoning Ordinance 467 to: update and
clarify language; add definitions of terms; implement minor changes to
regulations including allowing day care facilities in employment centers,
allowing outdoor operations in "B-P" and "M-L" zones with a
use permit, establish front and rear setbacks in the "M-1" zone,
clarify minimum area required for large animals in the "A" and
"AA" combining districts and the Special Provisions, authorize an
application to amend an existing use permit under the same procedures for new
use permits, and allow reconstruction of a legal non-conforming residence with
a use permit, other similar changes; add Chapter 18.33 Commercial-Residential
District. The amendments will not change
the zoning of any parcel of land. The
project is exempt from the California Environmental Quality Act under Section 1561(b)(3)
of the Guidelines.
Chairman
Chapman notes the Planning Commission hearing on the amendments was continued
to December 3, 2003 and a request has been received from Community Development
that this hearing be continued to December 16, 2003. Chairman Chapman continues the hearing as requested.
MILFORD
FIRE DISTRICT
It is
moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to appoint
Dena Wemple and James West to fill vacancies on the Milford Fire District,
created by the expiration of appointed terms.
BIG
VALLEY RECREATION DISTRICT
It is
moved by Supervisor Dahle, seconded by Supervisor Pyle and carried to appoint
Marion Parks to fill a vacancy on the Big Valley Recreation District, created
by the expiration of appointed terms.
STONES-BENGARD
COMMUNITY SERVICES DISTRICT
It is
moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to appoint
Gary Lemke and Keith Mellor to fill vacancies on the Stones-Bengard Community
Services District, created by the expiration of appointed terms.
CHILDREN
AND FAMILIES COUNTY COMMISSION
It is
moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to
appoint Brenda Poteete to fill a vacancy on the Children and Families County
Commission created by the resignation of Karol Merten.
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 November 18, 2003.
COUNTY
CLERK - PROPOSITION 65 REPORT ITEM
Receive
and file report #03-06, filed by Martin A. Winston, R.E.H.S., MPH, Hazardous
Materials Specialist on November 14, 2003 - NOTIFICATION OF HAZARDOUS MATERIALS
RELEASE: On November 7, 2003, Lassen
County Environmental Health Department received notification that a spill of
about 35 gallons of kerosene occurred at 136 South Sacramento Street,
Susanville on November 4th and 5th.
Removal and proper disposal of contaminated soils will be done by Lassen
County Environmental Health and Staub Energy.
ASSESSOR
ITEM
Authorize
the Chairman to sign a contract with the California State Department of Finance
continuing Lassen County's participation in the ninth year of the Property Tax
Administration Program.
PROBATION
DEPARTMENT ITEM
Approve
and authorize the Chairman to sign an agreement with Bar-O-Boys Ranch at the
rate of $2,600 per month, per ward, for placement of Lassen County youths with
a juvenile court commitment to a camp.
MISCELLANEOUS
CORRESPONDENCE ITEMS
Receive
and file the following correspondence:
a. Lassen
County Mental Health Advisory Board meeting agenda for November 18, 2003, and
unapproved minutes of October 14, 2003.
b. Lassen
County Technical Advisory Committee revised meeting agenda for December 2,
2003.
COMMUNITY
DEVELOPMENT DEPARTMENT - PLANNING DIVISION
Agricultural
Preserve application #2003-124:
The
Board considers Agricultural Preserve application #2003-124, Arthur A. George
and Margie A. George, to create a farmland security zone on approximately 710
acres of land currently under Williamson Act and enter said land into a
Farmland Security Zone Contract. The
project site is located approximately 2 miles northeast of Bieber, on the south
side of State Highway 299.
It is
moved by Supervisor Dahle, seconded by Supervisor Pyle and carried to adopt
Land Conservation Committee findings; adopt Resolution No. 03-077, establishing
a Farmland Security Zone; and authorize the chairman to execute a Farmland
Security Zone contract (including a correction to the percentage figures under
the cancellation section to read 50%); and authorize County Recorder to record
without fee.
Agricultural
Preserve #2003-145:
The
Board considers Agricultural Preserve #2003-145, Parks Family Trust, current
Williamson Act participants (Agriculture Preserve #AA 134), to amend their
present Williamson Act contract to include an additional 307 acres. The project site is located approximately 10
miles southeast of Adin, on both sides of State Highway 139.
It is
moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to adopt
Land Conservation Committee findings; adopt Resolution No. 03-078, establishing
an agricultural preserve; and authorize Chairman to execute a Williamson Act
Contract; and authorize the County Recorder to record without fee.
PUBLIC
OFFICE HOURS
CAO
Whiteman presents a resolution establishing County Department Public Office
Hours.
Supervisor
Chapman suggests the department names under Health and Human Services be fixed
to reflect the new names. He also
suggests the Superior Courts be removed from the list since they are no longer
under the jurisdiction of the County and the same for Lassen Regional Solid
Waste Management.
Supervisor
Keefer has concerns about offices being closed at noon if they serve the public
and his focus is primarily on offices within the Courthouse (Treasurer/Tax
Collector, Clerk and Assessor).
County
Clerk Nagel explains what mandating the extension of public hours can mean to
offices with limited staff. Keeping
offices open during the lunch hour with limited staff can present a safety
issue if there is a problem with a volatile client, as such instances have
happened here and in other counties.
With prior notice office staff is very willing to accommodate the
public's schedule if they are only able to come in during the lunch hour. Most of the Clerk's forms and instructions
are available outside the office door as well as on the Clerk's website
(clerk.lassencounty.org). Office hours
are extended during election signups at the Clerk's office and tax deadlines at
the Tax Collector's office to assist the public. These issues also apply to the Assessor's
office. It is suggested that if a member
of the public has a problem getting to an office within the scheduled open
hours they should call that office and make arrangements with the office staff.
Board
members discuss the Mental Health hours (four 10-hour days) and how that is not
working well. One of the reasons
10-hour days were started was to save money on travel time for Public
Works.
It is
felt that schedules should accommodate serving the public, not just the
satisfaction of an employee. Things need
to change for the betterment of the community.
CAO Whiteman acknowledges that 10 hour days might not be working for us
now. He will bring this back to the
board the first meeting in December.
Supervisor
Pyle states his primary concern is the offices are open five days a week.
INFORMATION
FOR THE BOARD
CAO
Whiteman will submit a report on the VLF funding at the next meeting.
CORRESPONDENCE
A
letter from Habitat for Humanity of Lake Almanor requesting the County allow
them to purchase County owned property in Chester, is received and filed.
Chairman
Chapman directs the CAO to send a letter of response indicating they can
participate in an auction of the property.
WILD
HERITAGE ACT
Supervisor
Chapman provides information on the correspondence from the International
Mountain Bicycling Association (IMBA) representative Jim Haagen-Smith to
Plumas, Tehama and Lassen County Boards of Supervisors regarding management of
public lands in and near these counties being considered as Wilderness
designation under Senator Barbara Boxer's Wild Heritage Act.
Following
discussion Board consensus is to be a part of the Forest Order Process and to
participate along with Plumas and Tehama Counties on a letter to the Forest
Service.
HALLELUJAH
JUNCTION FIRE PROTECTION DISTRICT
It is
moved by Supervisor Hanson, seconded by Supervisor Dahle and carried to adopt
Resolution No. 03-079, making application to LAFCO for the formation of the
"Hallelujah Junction Fire Protection District", approving negotiated
property tax exchange, and rescinding Resolution No. 03-039, Application for a
County Service Area.
ADJOURNMENT
IN MEMORY
There
being no further business, the meeting is adjourned at 11:40 a.m. in memory of
Mabel Jenkins, a life time member of this community.
__________________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
_______________________________________
THERESA
NAGEL, CLERK OF THE BOARD