BOARD OF SUPERVISORS

 

                             MARCH 19, 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 items and the Board recesses to Closed Session at 9:01 a.m. to discuss:  Public Employee Discipline / Dismissal / Release.  

 

Present in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, Brian Dahle, and Everd McCain; County Counsel Bill Murano, County Administrative Officer Andy Whiteman, Deputy County Counsel Craig Settlemire, Fair Manager Claud Neely and County Clerk Theresa Nagel.  Supervisor Chapman is absent.  Closed Session is recessed at 9:45 a.m.

 

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, March 19, 2002, at 9:47 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 Chapman.

 

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

The County Clerk announces the Closed Session dealt with discussion of: Public Employee Discipline/Dismissal/Release - 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

Chairman Dahle asks for public comment and no comments are received.

 

UNAGENDIZED BOARD REPORTS

1.   Supervisor Keefer states the article in the Lassen County Times last week relating to the Mental Health Board (MHB) contained statements that are not factual.  He has real concerns about information written without verifying the facts.  He contacted Sam Williams and expected to see a correction in the paper today, but there is none.  A statement attributed to Mace DeLorme that Keefer and two other Mental Health Board members sit on the Children's System of Care Committee and that committee voted for a policy that excludes services for children ages 0-5 is incorrect.  He states there is no such committee and such a vote was never taken.  The fact is the Children's System of Care does not cover children between the ages 0-5 as they are covered under Prop 10, Children and Families First Commission.  He states the instance when Mr. DeLorme called him a bigot was depicted differently in the paper than how it happened and if anyone reviewed the record they would find it had nothing to do with the Children's System of Care or the age group 0-5.  Another thing that he wishes to bring out is Mr. McCain's derogatory remarks at the last meeting relating to his (Keefers) participation on the MHB, wherein McCain stated that Keefer should have provided guidance to the MHB to keep them out of trouble.  Supervisor Keefer states that again all one has to do is look at the record to see that is what he has tried to do over the past months, to no avail.  An example is the special meeting that he did not participate in, because posting compliance was not met, county counsel was not present, and he had concerns about liability issues with clients present.  His suggestion was, since the subject of the meeting was important, the meeting should be re-scheduled and the MHB should get with counsel to resolve the Brown Act deficiencies and not continue the meeting.  The MHB voted to continue with the meeting despite his suggestion.  Mr. Keefer is convinced, based on comments and observations he has made over the past several months, that Mr. McCain has directly contributed to the dis-functionalism of the Mental Health Board.  It is very obvious that he has been directly involved and it is the same kind of politics that he has tried to bring to the Board of Supervisors over the last several years, in terms of bringing dis-functionalism to some of the discussions and issues before the Board.

2.   Supervisor Dahle informs the board members that RCRC is working to get Federal Advisory Committee Act status, which would give them agency status in negotiations relating to matters such as the Sierra-Nevada Framework and Klamath Basin discussions.

 

STONES-BENGARD COMMUNITY SERVICE DISTRICT

It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to appoint Kathy Waters to fill a vacancy on the Stones-Bengard Community Service District.

 

CONSENT CALENDAR

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

    

COUNTY CLERK ITEM

Approve minutes of March 12, 2002.

        

ADMINISTRATIVE SERVICES - PERSONNEL ITEM

Receive and file Personnel Movement report for February, 2002.

         

AUDITOR AND TREASURER DEPARTMENTS ITEM

Receive and file Treasurer's Investments Report and Auditor's verification for the month of March, 2002.

 

OFFICE OF EMERGENCY SERVICES ITEM

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

County.

 

PUBLIC WORKS DEPARTMENT ITEM

Adopt Resolution No. 02-016, approving the execution of Program Agreement No. MOO2, Rev. 1 in the amount of $371,000; and authorize the Chairman to sign. 

TREASURER ITEM

Receive and file Treasurer's Fund Balance Report for February, 2002.

         

PRISON TRIALS COST REIMBURSEMENT PROGRAM ITEMS

Receive and file recap of CCC Prison Trials Cost Reimbursement Billing for the month of February, 2002; and High Desert State Prison Trials Cost Reimbursement Billing for the month of February, 2002.

 

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a.   Susanville Ranch Advisory Committee Special Meeting agenda for March 13, 2002.

b.   Mental Health Advisory Board Special Meeting agenda for March 11, 2002.

c.   In-Home Supportive Services Advisory Board meeting agenda for March 20, 2002.

d.   Lassen County Alcohol & Drug Advisory Board meeting agenda for March 19, 2002.

e.   Lassen County Fair Advisory Board meeting minutes of March 12, 2002.

 

ADMINISTRATIVE SERVICES - PERSONNEL DIVISION

It is moved by Supervisor Keefer, seconded by Supervisor McCain and carried to approve a new Administrative Clerk position (No. 2127) at Range 8 for Safe Haven within the Mental Health Department; and authorize the recruitment and hiring of the position.

 

PROCLAMATIONS

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to adopt proclamations recognizing Dan Gustafson, Fred Mahlberg and Harold "Bud" Easton upon their retirement from Lassen County.

 

COMMUNITY DEVELOPMENT DEPARTMENT

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to introduce, by title only, the revised Ordinance No. 467A-322A, correcting errors in the legal description for rezone #2001-17, Sierra Pacific Industries (original ordinance adopted May 23, 2001).  The ordinance rezones nineteen parcels totaling 1976.77 acres from U-C-2 (Upland Conservation/Resource Management District), and O-S (Open Space) to T-P-Z (Timber Production Zone).  The parcels are located south of Blacks Mountain, in central Big Valley, southeast of Eagle Lake, and northwest of Susanville.

 

COUNTY COUNSEL

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried unanimously, on a roll call vote, to adopt, by title only, Ordinance No. 548, repealing 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 of the Lassen County Code.

 

It is moved by Supervisor Pyle, seconded by Supervisor McCain and carried unanimously, on a roll call vote, to adopt, by title only, Ordinance No. 549, amending Chapter 10, Vehicles and Traffic, of the Lassen County Code, deleting Section 10.12.040, Maximum Tonnage--Unimproved Highway.

 

It is moved by Supervisor McCain, seconded by Supervisor Pyle and carried unanimously, on a roll call vote, to adopt, by title only, Ordinance No. 547, amending Chapter 9.20 (Trash Dumping along Highways) of the Lassen County Code, adding "Section 9.02.030 Reward.  A reward of two thousand dollars ($2,000) shall be paid by the County to any person furnishing information leading to the apprehension and conviction of any person violating this Chapter."

 

HEALTH AND HUMAN SERVICES - LASSENWORKS DIVISION

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to authorize the purchase of three new vehicles at a cost of approximately $90,000, for LassenWORKS.

 

INFORMATION FOR THE BOARD

CAO Whiteman announces that a letter has been received from the State Prisons offering to help prepare a State Fair Exhibit for Lassen County.  Last year the county spent $2,500 and that included compensation to the person who built the exhibit.  The only expense the county would have if the prisons performed the work is for materials.  Other community groups are being contacted to determine if they are interested in participating.     

 

WILDERNESS AREAS  

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to adopt Resolution No. 02-019, Supporting the Mariposa County Board of Supervisors' opposition to Wilderness Area designations in Mariposa County.

 

Chairman Dahle directs the CAO to place an item on the next agenda to consider Senator Boxer's proposals for establishment of new wilderness areas in Lassen County.

         

LASSEN VOLCANIC NATIONAL PARK

Lassen Volcanic National Park Superintendent Marilyn Parris provides an update on the status of various projects at Lassen Volcanic National Park, including the planned construction of a new Southwest Entrance Visitor's Center facilities.  She informs the board members they are proposing a wilderness area within the park boundaries for the protection of watersheds and to prevent inappropriate development.  She presents and discusses the business plan and provides a list of projects that have either been completed, are in the process or are pending approval.  She discusses the road rebuilding work that will take place this summer and acknowledges there will be some impact to visitors.  The big news is the approval of $9.62 million to construct a year round visitor's center at the southwest entrance of the park.  The bad news is the funding was scheduled for 2004 but with the unexpected expenses associated with September 11th it will not be available until 2005.

 

Supervisor Dahle asks about issues that arise with private landowners within the park, specifically referring to a matter that involved his in-laws' property.  Ms. Parris explains the dispute that occurred relating to property boundaries, and states they are having a survey performed to resolve the matter.

 

Supervisor Chapman commends Ms. Parris on the good work she is doing and her willingness to work cooperatively with people in the communities.

 

Recess 10:29 - 10:32  a.m.

 

PUBLIC HEARING - ABATEMENT COSTS - MARY RIVERA

The public hearing is opened at 10:32 a.m. to receive a report on abatement costs for the removal of two (2) non-operable and/or unlicensed vehicles on Mary Rivera property at 528-695 Cottonwood Drive, Little Valley (APN 037-065-10), and to consider assessment of said costs ($386.53) upon the property.

 

The County Clerk administers the oath to Robert Sorvaag, Lewis Dean, and Steve Fuller for testimony they may give before the Board of Supervisors.

 

Code Enforcement Officer Lewis Dean presents the staff report.  No one speaks in favor of or in opposition to the assessment of costs and the hearing is closed at 10:35 a.m.

 

It is moved by Supervisor Keefer, seconded by Supervisor McCain and carried to adopt Resolution No. 02-017, confirming abatement costs and assessing all County costs, including administrative costs, against the property in the same manner as property taxes are levied.

 

Recess 10:38 - 10:45 a.m.

 

PUBLIC HEARING - COMMUNITY DEVELOPMENT DEPARTMENT

The public hearing is opened at 10:45 a.m. to solicit comments regarding submittal of a grant application in the amount of up to $35,000 to be funded by the State Department of Housing and Community Development under the Community Development Block Grant Program, to be used by the Spalding Community Services District for assistance with environmental planning, compliance documentation and conducting an income survey in support of applying for grant funding.

 

Assistant Community Development Director Bertotti presents the staff report.

 

No one speaks in opposition to the grant application.  Spalding CSD Board President Charles Ray speaks in favor of the grant application and thanks the Board for past support.  The hearing is closed at 10:48 a.m.

 

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to adopt Resolution No. 02-018, approving the submittal of a grant application and any amendment thereto. 

 

UNAGENDIZED BOARD REPORTS CONT.

3.   Supervisor Dahle distributes a draft letter of support for the House version of the Farm Bill, which would be helpful with the Fire Safe Plans.

 

DISTRICT ATTORNEY - CHILD SUPPORT DIVISION

Consultant Ben Frank, from Newpoint Group, presents and discusses the Feasibility Assessment on the regionalization of child support services with Sierra, Nevada and Lassen Counties.

         

Also present are:  Kathleen Hrepick and Troy Held from Nevada County Child Support and Sue Hughes, from the State Department of Child Support Services.

 

An extensive question, answer and discussion session is held among board members, staff, Mr. Frank and the representatives from the State of California, and Sierra and Lassen Counties.

 

DISTRICT ATTORNEY - CHILD SUPPORT DIVISION

Personnel Director Lynne Margolies believes the wording in the ordinance creating the Department of Child Support, under Section 2.59.030, Transfer of Functions, needs to be changed to state the director shall report directly to the Board of Supervisors rather than the County Administrative Officer.  County Counsel Bill Murano will look into this.

 

It is moved by Supervisor Chapman, seconded by Supervisor Keefer and carried unanimously, on a roll call vote, to introduce, by title only, Ordinance No. 550, creating the Department of Child Support Services, as presented.

 

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to authorize the chairman to sign the county transition work plan and transition budget documents for submission to the state.

 

There being no further business, the meeting is adjourned at 11:38 a.m.

 

 

 

                                __________________________________________

                                  CHAIRMAN OF THE BOARD OF SUPERVISORS

 

ATTEST:

 

_______________________________________

THERESA NAGEL, CLERK OF THE BOARD