BOARD OF SUPERVISORS

FEBRUARY 26, 2002

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, February 26, 2002, 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. Following the flag salute, the invocation is offered by Supervisor Dahle.

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

Chairman Dahle announces that no closed session was held.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

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

CONSENT CALENDAR

Supervisor McCain requests that Item G-8b, Technical Advisory Committee agenda, be removed for separate consideration. Supervisor Pyle requests that Item G-3, Westwood Visitor Center management agreement, be removed for separate consideration.

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 ITEM

Approve minutes of February 19, 2002.

OFFICE OF EMERGENCY SERVICES ITEM

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

County.

COUNTY COUNSEL ITEM

Reject claim of Pete Rupert, 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 January, 2002; and High Desert State Prison Trials Cost Reimbursement Billing for the month of January, 2002.

BOARD OF SUPERVISORS ITEM

Adopt Proclamation honoring Unit Chief Robert Taylor on his retirement after 33 years of service with the California Department of Forestry (CDF).

MISCELLANEOUS CORRESPONDENCE ITEM

Receive and file the following correspondence:

a. Lassen County Technical Advisory Committee special meeting agenda for February 22, 2002.

COUNTY COUNSEL

Westwood Chamber of Commerce Representative Chrissy House proposes changes to several items in the agreement between the County of Lassen and the Westwood Chamber of Commerce for management, maintenance and custodial services for the Westwood Visitor Center.

Supervisor Chapman suggests this agreement be referred back for the Chamber of Commerce, Supervisor Pyle and County Counsel to revise.

PUBLIC COMMENT

1. Violet Stout reads a poem entitled "Baby" in celebration of the birth of Supervisor Dahle's son Regan Taft Dahle.

2. Mace DeLorme suggests that CAO Whiteman look into the formation of a Multi Disciplinary Team, made up of representatives from the Health and Human Services Divisions to act as a problem solving group. Such a team could look into issues like access to mental health services for children aged 0-5 that was the subject of the special MHB meeting.

3. Mental Health Board Member John Brooner asks County Counsel if having four board members present today is proper. Counsel responds that with the possibility of items being considered that the Mental Health Board (MHB) will consider later, it is not proper. Mace DeLorme departs during this discussion. Mr. Brooner wants to have training for the MHB and Board of Supervisors relating to the responsibilities of the MHB.

4. Ed Hill informs the board members that a group of mental health clients have come together to form the Independent Consumers Advocacy Network (ICAN) to advocate for clients rights. He introduces their spokesperson Angela Fisher.

5. Angela Fisher reads a statement seeking support for mental health clients and supporting the five mental health contracts on the agenda today.

6. John Zenith makes several allegations relating to the conduct of the upcoming election. He states that he has made a complaint to the Secretary of State for investigation of election processes. Accuses County Clerk Theresa Nagel of having conflicts because she is on the ballot (although not challenged), her husband is on the ballot and making further accusations relating to her son-in-law. He wants the Board to take action. John Zenith refers to a lawsuit, from another county, relating to a decision for employment of a board member while that person was still on the board making the decision. He wants the Board to take action on an item relating to Claud Neely. Zenith announces a candidates night will be held in Westwood on Wednesday evening.

UNAGENDIZED BOARD REPORTS

1. Supervisor Chapman did not attend the CSAC Executive meeting last week but he reports the proposed constitutional amendment for funding local government is still on track.

2. Supervisor Pyle wants an item placed on the next agenda to support Mariposa County's opposition to a Wilderness Area.

3. Supervisor Keefer announces he will present the Proclamation honoring Unit Chief Robert Taylor on March 9th at Taylor's retirement dinner.

4. Supervisor Keefer announces another Fire Safe Counsel meeting will be held on March 4th.

5. Supervisor Keefer expresses his concerns relating to the involvement of a couple of members of the Mental Health Board on items outside of their responsibility area. He is concerned about the liabilities this could cause for the county. He will be placing an item on a future agenda to reconstitute the MHB and advertise for members.

6. Supervisor Dahle informs the board members that he has received a letter from RCRC requesting letters of support for the appointment of Richard Pombo as Chair of the House National Resources Commission and in opposition to reducing PILT payments. He will distribute the letter to board members if they wish to write letters.

7. Supervisor Dahle brings up discussion of SB 1207, which will place OSHA requirements on local fire department volunteers. This will have a big impact on the volunteer fire departments.

MISCELLANEOUS CORRESPONDENCE ITEM

Supervisor McCain is concerned about an item listed on the Lassen County Technical Advisory Committee (TAC) agenda for March 5, 2002. The item relates to processing an amended use permit (Wosick) and he believes this is actually a new project and cannot be handled by the TAC. He states there is no such thing as an amended use permit process and asks County Counsel to look into this and provide guidance to the department on the proper procedures.

ADMINISTRATIVE SERVICES

1. Assistant to the CAO Chris Beard presents a contract for Architectural Services - Sheriff's Administration Building.

Supervisor McCain asks several questions relating to costs and conditions of payments. He thinks the contract should have a requirement for every stage to come to the Board of Supervisors for approval.

CAO Whiteman states the intent is to bring plans to the Board before proceeding. He notes they have negotiated a savings of $13,000 for this contract.

It is moved by Supervisor Pyle, seconded by Supervisor Keefer to approve the contract with TRG/LRS Consulting for Architectural and Contract Administration services for the Sheriff's Administration building; and authorize the County Administrative Officer to sign the contract.

The motion fails on the following roll call vote: Supervisor Chapman - NO, Supervisor Pyle - YES, Supervisor Keefer - YES, Supervisor McCain - NO, Supervisor Dahle - NO.

Chairman Dahle directs staff to incorporate the suggested changes. Supervisor Chapman wants a full package put together before moving forward.

2. Assistant to the CAO Chris Beard presents the cost analysis from TRG/LRS Consulting, to provide design services for: 1) 14,000 sq. ft. office structure on Courthouse Square; and 2) both the 14,000 sq. ft. structure and a 27,600 sq. ft. office structure on Roosevelt School Site.

Supervisor McCain is concerned the contract does not contain conceptual design on what will be done with the current buildings on courthouse square. Supervisor Chapman does not feel decisions can be made until the Board has more information on what will be happening with the courts. Supervisor Keefer states the Board cannot wait forever because the county needs to provide space for our departments. Supervisor McCain suggests a clarification be requested on how the courts will fit into the design.

Chairman Dahle continues this item to the next meeting.

Chris Beard reports on the status of Phase I - Health and Human Services Building.

Recess 10:27 - 10:32 a.m.

COMMUNITY DEVELOPMENT DEPARTMENT

It is moved by Supervisor Keefer, seconded by Supervisor McCain and carried unanimously, on a roll call vote, to award a contract for professional services, in the amount of $45,240, to Shasta Land Management Consultants for the creation of Lassen County Fire Safe Plans; and authorize the County Administrative Officer to execute the contract document and any subsequent amendments.

HEALTH AND HUMAN SERVICES - MENTAL HEALTH DIVISION

Supervisor McCain asks how contracts for services can be approved months after the start date. Supervisor Keefer notes this was discussed at the last meeting and states the need for emergency placement cannot always be anticipated. County Counsel Bill Murano states the action is actually ratifying contracts that have previously been made by the Health and Human Services Director.

It is moved by Supervisor Chapman and seconded by Supervisor Keefer to authorize the CAO to execute agreements as needed to accomplish administration of the program.

County Counsel Bill Murano states this action is not on the agenda. The motion is withdrawn.

It is moved by Supervisor Chapman, seconded by Supervisor Keefer and carried on a roll call vote, with Supervisor McCain voting NO, to approve and authorize the CAO to execute, the following items:

1. Fee-for-service agreement with Behavioral Healthcare Corporation d.b.a. Heritage Oaks Hospital, Inc., an inpatient psychiatric hospital located in Sacramento from, July 1, 2001 through June 30, 2002.

2. Fee-for-service agreement with Behavioral Healthcare Corporation d.b.a. Sierra Vista Hospital, Inc., an inpatient psychiatric hospital located in Sacramento from, July 1, 2001 through June 30, 2002.

3. Agreement with Jones, Andrade, Boyd LLC, d.b.a. Mar-Ric Transitional and Recovery Facility, a non-medical residential board and care facility located in Riverbank, California, from December 21, 2001 through June 30, 2002.

4. Agreement with Shepard Greene, M.D., a licensed psychiatrist who specializes in youth and adolescent treatment on an "as needed" basis, from February 1, 2002 through June 30, 2002, not to exceed $120,000.

5. Lease agreement with Ryan Potter for rent of front office space for the Community Safe Haven building from November 1, 2001 through June 30, 2003; Addendum No. 1 to the Lease with Ryan Potter, providing an additional $200 per month for use of a conference room, effective February 1, 2002 through June 30, 2003; and authorize the CAO to sign the lease and Addendum No. 1 to the lease.

Supervisor McCain states he wanted to vote yes on all items with the exception of the lease with Ryan Potter, but since the motion included all items he had to vote no.

TREASURER / TAX COLLECTOR

It is moved by Supervisor Pyle, seconded by Supervisor McCain and carried to approve agreement with Bid4Assets, Inc. of Silver Spring, Maryland, to advertise and hold a public auction of tax defaulted properties on the internet at a rate of $50.00 per parcel; and authorize the Treasurer/Tax Collector to execute the agreement.

COUNTY COUNSEL

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried on a roll call vote, with Supervisor Chapman voting NO, to adopt, by title only, Ordinance No. 505-A, amending the Lassen County Code section 13.10.020 relating to the Spaulding Boat Ramp.

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried on a roll call vote, with Supervisor Chapman voting NO, to adopt, by title only, Ordinance No. 505-B, amending the Lassen County Code section 13.10.020 relating to Stones Landing Boat Ramp.

COUNTY ADMINISTRATIVE OFFICE

CAO Whiteman presents information on outdated County ordinances and asks for direction. Supervisor McCain points out another code section (10.12.040) that he feels should be repealed. County Counsel Bill Murano notes the item proposed by Supervisor McCain is not on the agenda.

It is moved by Supervisor Pyle, seconded by Supervisor McCain and carried to direct that an ordinance be prepared to repeal the following County Code Sections: Chapter 2.32 - Defense Council; Chapter 5.08 - Cabarets and Dance Hall; Chapter 10.16 - Bridge Speed and Weight Limits; Chapter 10.28 - Parking; Chapter 10.40 - Bicycle Registration; and to make a determination on 10.12.040 and handle it separately.

INFORMATION FOR THE BOARD

1. CAO Whiteman informs the board members that the cellular tower company has filed an appeal of the Planning Commission decision and requested the hearing be held on March 26th. He suggests, since a large number of persons are expected, the hearing be held at 1:30 p.m. in Jensen Hall.

2. CAO Whiteman announces the Fire Safe Council meeting will be held March 4th at 7:00 p.m.

3. CAO Whiteman asks Peter Heimbigner from Community Development to tell the board members about the ruts created at Susanville Ranch Park. It seems LMUD had to access a main transmission line to fix a broken insulator on the morning of February 8th following a stormy night. County staff has been working with LMUD to determine what to do so future access will not create damage. Jail inmate crews are repairing the damage. John Zenith asked how much the repairs will cost and states the county should demand reimbursement from LMUD. Mr. Heimbigner states the work is being performed by inmate crews and he believes there is no expense for that.

4. CAO Whiteman presents a five-year service mug to County Counsel Bill Murano.

MENTAL HEALTH BOARD

Supervisor Keefer introduces discussion relating to actions being taken by a couple of members of the MHB which are outside of the scope of their duties. He distributes information from Welfare and Institutions Code Section 5604.2 which covers the powers and duties of the MHB.

Supervisor Keefer reports that he left the special meeting, held by the MHB on February 20th, because of his concern as to the legality of the meeting. He asks the CAO to report on what happened at the meeting.

CAO Whiteman states that staff could not really answer the questions from the MHB members and the audience because specifics of the case under discussion could not be discussed due to confidentiality issues. The final decision by the MHB was to have the Patients Rights Advocate follow-up on the issue.

Supervisor Keefer feels the current MHB is ineffective and he will be placing an item on the next agenda to reconstitute the board.

John Brooner again states he wants training held for the MHB. He doesn't see an action relating to being an advisory board will change anything. He states the special meeting's main topic was access to services.

Supervisor McCain does not feel the board needs to take any action, but only remind the MHB to stick to the State mandate as listed in section H&S Code 5604.2. Supervisor Keefer again addresses his concerns about the possible liability of discussing a specific case with the subjects of that case sitting in the room.

County Counsel Bill Murano suggests to Mr. Brooner that the MHB agendas be submitted to his office for review prior to posting to avoid problems that Mr. Brooner alleged have happened in the past.

It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried on a roll call vote, with Supervisor McCain voting NO, to authorize the Chairman to send a letter to the Mental Health Board reconfirming their status as an advisory board per October 12, 1993 board action.

Mr. Brooner wants clarification on what advisory means.

Supervisor Chapman states he needs no further clarification than what is clearly defined in Welfare and Institutions Code 5604.2 and by the Board of Supervisor's action of October 12, 1993.

There being no further business, the meeting is adjourned at 11:30 a.m.

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CHAIRMAN OF THE BOARD OF SUPERVISORS

ATTEST:

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THERESA NAGEL, CLERK OF THE BOARD