BOARD OF
SUPERVISORS
APRIL
23, 2002
The
Lassen County Board of Supervisors convenes in Regular Session on Tuesday,
April 23, 2002, at 9:30 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 Keefer.
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 Pyle, seconded by Supervisor Keefer and carried to approve
the agenda as posted.
PUBLIC
COMMENT
Lassen
County Fish and Game Commission Chairman Tim Semon provides information to the
board members on the following issues:
lack of Game Wardens in Lassen and Modoc Counties; a proposed per item
$.05 tax on munitions (per bullet, etc.) to fund trauma centers - of no good to
Lassen County as it is to address the gang wars in big counties; and information
he found that may provide a way to address the Carson Wandering Skipper issue.
UNAGENDIZED
BOARD REPORTS
1. Supervisor Pyle briefly reports on
Congressman Herger's meeting he attended last week. There was extensive discussion of the Carson
Wandering Skipper endangered listing.
2. Supervisor Keefer reports on the National
Counties and Schools Coalition meeting he attended. There was discussion on the current timber
receipt payment program that will sunset in 2006 and the need to work on
extending the legislation. He also
reports on information received from other counties on experiences they have
had in relation to the Resource Advisory Committees (RAC).
3. Supervisor Keefer comments on the disputes
between himself and Supervisor McCain in relation to the Mental Health Advisory
Board. He notes at last week's meeting
Supervisor Pyle and Supervisor Dahle announced their need to be absent from the
MHAB interviews for very good reasons.
Following the noon recess Supervisor McCain decided to not attend the
interviews calling them a sham. Supervisor
Keefer feels this was a direct attempt to sabotage the interviews and
Supervisor McCain is the real sham.
4. Supervisor Chapman discusses the street
reconstruction that has been occurring and the difficulties it has caused
motorists. He acknowledges the city
streets will be in great shape when the work is completed.
5. Supervisor Chapman announces the Junior
Fishing Derby was a huge success and provides statistics on the
attendance. He points out a fish-shaped
plaque on the wall that was presented to the Lassen County Fish and Game
Commission by the Lassen Sportsmen Club for their sponsorship of the fish
planting for the Junior Fishing Derby - 1989-2002.
6. Supervisor Chapman notes the Skedaddle
Complex and the Tunnison Area are being withdrawn from Senator Boxer's
Wilderness Legislation.
7. Supervisor Chapman reports on items discussed
at Congressman Herger's meeting - Carson Wandering Skipper; Boxer's Wilderness
proposal; and the non-implementation and non-accomplishments of the
Herger-Feinstein QLG Project. He would
like the Board to adopt a proclamation in appreciation of Congressman Herger's
contributions to the county before the end of the year.
8. Supervisor Chapman extensively discusses a
complaint letter dated March 15, 2002 from the Little Hoover Commission to the
State Mental Health Board relating to Lassen County; the State Annual Audit of
the County Mental Health Department; and comments by State Mental Health
representatives, Jim Jackson, Supervisor McCain, and others. He wants the Little Hoover Commission letter
and the Annual Audit placed on a future agenda for discussion. In response to a
suggestion from Supervisor Chapman, Chairman Dahle directs County Counsel Bill
Murano to find out if there is a way to turn over the mental health program to
the State.
9. Supervisor Dahle reports on the RCRC meeting
he attended last week. He notes the PERS
Health Insurance will be increasing 19% in January with an expected 10%
increase the following year. He informs
the board members that RCRC is looking into some alternative for health
insurance. They are also watching the
huge shortfall in the State budget. RCRC
has sponsored a Water Storage and Water System Safety Bond - SB2070. He spoke to the State Director of the Fish
and Wildlife Service (F&WS) to discuss the Carson Wandering Skipper listing
and also told him the F&WS needs to look at juniper management in relation
to the decrease in sage grouse.
10. Supervisor McCain feels the mental health
issue should not be personalized and he does not like the newspaper calling it
a feud between himself and Supervisor Keefer.
QUINCY
LIBRARY GROUP (QLG)
Counties'
QLG Forester Frank Stewart distributes and reviews information on the Quincy
Library Group Pilot Project Status, with data on the poor performance record,
revenue and cost comparisons and impacts of the Sierra Nevada Framework.
He
states it is now time for the Quincy Library Group Sierra Nevada Framework
Lawsuit and requests a contribution of $9,000 towards the lawsuit. He provides information on other counties and
agencies who will be asked to contribute or who have already agreed to
contribute.
Board
members express their support to provide the funding and seek half from the
schools since they receive half of the timber receipts.
It is moved by Supervisor Chapman, seconded by
Supervisor Pyle and carried to authorize the CAO to make a payment of $9,000 to
the lawsuit fund and to seek half that amount from the schools.
PUBLIC
HEARING - COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
The
public hearing is opened at 10:32 a.m. to consider corrections of production
errors in the Lassen County General Plan 2000, in the Hallelujah Junction,
Richmond-Gold Run, Standish-Litchfield, Wendel and Pittville Area Plans and in
the associated zoning.
Assistant
Community Development Director Bertotti presents the staff report. He points out an omission in the packet of
material provided - Planned Unit Development (PUD) overlay on the Country Club
Trailer Court. He asks the board members
to acknowledge this prior to taking action.
No one speaks in favor of or in opposition to the corrections and the
hearing is closed at 10:38 a.m.
It is
moved by Supervisor Chapman, seconded by Supervisor Pyle and carried
unanimously, on a roll call vote, to adopt Resolution No. 02-029, approving the
corrections; and introduce and adopt, by title only, Ordinance No. 467A-326,
implementing the corrections to zoning with the additional PUD correction noted
above.
IN-HOME
SUPPORTIVE SERVICES ADVISORY BOARD
It is
moved by Supervisor Keefer, seconded by Supervisor McCain and carried to accept
the letter of resignation from Joyce M. Green from the In-Home Supportive
Services Advisory Board and to appoint Tina Major and Charlotte Leicester to
the In-Home Supportive Services Advisory Board.
LASSEN
COUNTY/CITY OF SUSANVILLE HISTORIC BUILDING REVIEW COMMITTEE
It is
moved by Supervisor Chapman, seconded by Supervisor Keefer and carried to
appoint Janet Corey to the Lassen County/City of Susanville Historic Building
Review Committee.
SIERRA
ARMY DEPOT
AFGE
Local 1808 Union President Jim Swistowicz presents a request for a letter of
support in securing Alternate (R3) Technology for the Demilitarization of
obsolete and unsafe ammunition at Sierra Army Depot (SIAD), Herlong. He notes another round of Base Realignment
and Closure (BRAC) is scheduled for 2005 and if SIAD is included it would be
closed down. Hopefully new technology
would help keep SIAD operating in the future.
It is
moved by Supervisor Pyle, seconded by Supervisor McCain and carried to approve,
and authorize the Chairman to sign, a letter expressing support in securing
Alternate (R3) Technology for the Demilitarization of obsolete and unsafe
ammunition at Sierra Army Depot, Herlong, and requesting additional appropriations
in the 2003 Defense Appropriations Budget for such technology. The letter to be sent to Lassen County's
State and Federal Legislators.
PUBLIC
HEARING - VARIANCE, DAVID & CHRISTINE HOUSE
The
public hearing is opened at 10:46 a.m. to consider Variance #2002-021 David and
Kristine House, a variance request from side yard setback requirements to allow
for construction of a 24' 8" x 31' attached carport to an existing single
family dwelling. The site is located at
114 Fir Street, Westwood.
Assistant
Community Development Director Bertotti presents the staff report. He notes the property is actually located at
114 Fir Street rather than 112 Fir Street as shown in the packet material. County Counsel Bill Murano states this
hearing should be re-noticed due to this error.
Assistant Community Development Director Bertotti responds the public
notice did not contain the error and County Counsel agrees it is alright to
proceed. No one speaks in favor of or in
opposition to the variance and the hearing is closed at 10:49 a.m.
It is
moved by Supervisor Pyle, seconded by Supervisor Chapman and carried
unanimously, on a roll call vote, to adopt Resolution No. 02-030, approving
Variance #2002-021, as recommended by the Planning Commission.
MENTAL
HEALTH ADVISORY BOARD
Applicant
Mary Sue Gregg reads a letter setting forth her reasons for wanting to be
reappointed to the Mental Health Advisory Board (MHAB).
Chairman
Dahle reads a letter from Teresa Phillips withdrawing her application for
appointment.
Supervisor
Keefer informs the board members that Teresa Phillips had an anonymous message
left on her phone recorder asking if she is one of the "Good Ole
Boys" and also received a call from Lassen County Times Reporter Woody
Morgan asking various questions including the "Good Ole Boy"
question. He notes another applicant
received similar calls. He feels this is
another demonstration of Supervisor McCain's influence since "Good Ole
Boy" is McCain's "sick rhetoric".
Supervisor
Chapman states he has known Teresa Phillips most of his life and was pleased to
see her application. He is very upset
about the behind the scenes actions that have caused her to withdraw her
application. He notes he is pleased with
the very good pool of applicants for the MHAB.
Supervisor
Pyle states that he listened to the tapes of the interviews held last week and
feels confident about the persons he plans to support.
The
following appointments are made to the Mental Health Advisory Board:
It is
moved by Supervisor Keefer, seconded by Supervisor Chapman and carried to
appoint Regina Shirley as the self-identified close family member of a
consumer, and direct the County Clerk to re-advertise for the second member in
this category.
It is
moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to appoint
Mary Sue Gregg and Melinda Visser as the self-identified consumers.
It is
moved by Supervisor Keefer, seconded by Supervisor McCain and carried to
appoint Thomas Gauthier as an undesignated member.
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to appoint
Betty Harrison as an undesignated member.
It is
moved by Supervisor Chapman, seconded by Supervisor Pyle and carried, with
Supervisor McCain voting NO, to appoint Lloyd Keefer as the Board of Supervisor
member.
Mary
Sue Gregg informs the board members that she also received calls trying to
discourage her from serving on the MHAB or becoming a "Yes Man". She also received a call from a State Mental
Health Representative looking for derogatory comments against the Mental Health
Department. She states her comments
about the department are all positive because they have done nothing but help
her. She also makes it very clear that
she is not a "yes man".
Further discussion is held between Ms. Gregg and the board members
relating to the duties of the MHAB.
CONSENT
CALENDAR
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to remove
Item G-4, special prosecutorial services contract, from the consent calendar
for separate consideration.
It is
moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to take the
noted action on the following Consent Calendar items:
COUNTY
CLERK ITEM
Approve
minutes of April 16, 2002.
AUDITOR
AND TREASURER DEPARTMENTS ITEM
Receive
and file Treasurer's Investments Report and Auditor's verification for the
month of March, 2002.
COMMUNITY
DEVELOPMENT DEPARTMENT ITEM
Adopt
Resolution No. 02-031, establishing a change fund in the amount of $200 for the
Community Development Department for the purpose of making change in connection
with the collection of revenues for project applications.
OFFICE
OF EMERGENCY SERVICES ITEM
Ratify
continuation of Declaration of State of Disaster / Emergency in Lassen County.
PROBATION
DEPARTMENT ITEM
Adopt
Resolution 02-032, authorizing the Chief Probation Officer to sign the FY
2002/2003 Comprehensive Juvenile Justice Plan application as well as related
contracts, amendments or extensions with the State of California for
Schiff-Cardenas Crime Prevention Act of 2000 (AB 1913) funds.
PUBLIC
WORKS DEPARTMENT ITEM
Approve
and authorize the Chairman to sign, a letter to U. S. Congressman Wally Herger
urging support in the resolution of the Carson Wandering Skipper Butterfly
issue in the Honey Lake Wetland Mitigation Bank.
TREASURER
ITEM
Receive
and file Treasurer's Fund Balance Report for March, 2002.
MISCELLANEOUS
CORRESPONDENCE ITEMS
Receive
and file the following correspondence:
a. Application for Alcoholic Beverage License -
Herlong Junction, Herlong Junction & Highway 395 County Rd A25, Herlong.
DISTRICT
ATTORNEY ITEM
District
Attorney Bob Burns identifies some minor changes to the contract for Special Prosecutorial
Services with Richard Healy. Supervisor
McCain asks about the relationship of Richard Healy to Public Defender Toni
Healy and possible conflicts between the two.
DA Burns responds this has been discussed with both attorneys, who are
husband and wife, and with County Counsel Bill Murano and there is no
conflict. Richard Healy will be handling
prison prosecutions and the public defender does not represent state
prisoners. He also notes in metropolitan
areas it is common for deputy public defenders and deputy district attorneys to
be married.
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried, with
Supervisor McCain voting NO, to authorize the County Administrative Officer to
execute a contract for Special Prosecutorial Services with Richard Healy.
ADMINISTRATIVE
SERVICES - PERSONNEL DIVISION
It is
moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to: approve the following changes effective July
1, 2002: 1) reclassify one Legal Clerk position (Range 12)
in the Collection's Department to a Senior Legal Clerk (Range 15); 2) create the position of Deputy Public Guardian
I/II at Range 15/17 with 10% premium for degree. Currently this position is filled by a Social
Worker III (Range 17 with degree premium); 3)
change the range for the Agricultural Biologist I/II (currently 15/17)
to Range 17/19. Change the current
Environment Technician (Range 17) to Environmental Technician I/II (Range
15/17); 4) create a position of Supervising Agricultural Inspector in
Mid-Management at Range 22 with a 10% premium for state certification as Deputy
Agricultural Commissioner.
PUBLIC
WORKS DEPARTMENT
It is
moved by Supervisor McCain, seconded by Supervisor Pyle and carried to direct
staff to complete the construction of a legal paved access off U.S. 395 to Deep
Cut Road as previously offered to the Bejceks (property now owned by Tuscarora
Gas Transmission Company); and to not include Deep Cut Road in the
County Maintained System.
It is
moved by Supervisor Chapman, seconded by Supervisor Keefer and carried to:
award contract to DML Construction, in the amount of $26,845, for floor
covering (carpet) and related work, Lassen County Administration Building, 707
Nevada Street; and authorize the Director of Public Works to sign the agreement
and change orders up to the amount of 10% of the original contract amount.
INFORMATION
FOR THE BOARD
1. CAO Whiteman announces he and Regina Rankin
will be in Washington, D.C., May 7-10, to discuss the Sierra Army Depot with
the Department of the Army.
2. CAO Whiteman asks how the board members want
to handle the budget hearings. Board
consensus is to conduct the required hearings without the individual department
presentations.
3. CAO Whiteman discusses the process for
interviewing the applicants for County Counsel.
CARSON
WANDERING SKIPPER
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to adopt
Resolution No. 02-033, strongly opposing the listing of the Carson Wandering
Skipper under the Endangered Species Act that will negatively affect economic
developments, and
agricultural/ranching/grazing in Lassen County, California.
Supervisor
McCain feels the Board needs to provide direction to the Community Development
Department on how to handle demands by the Fish and Wildlife Service for
surveys relating to Carson Wandering Skipper habitat when projects are
submitted. Chairman Dahle directs County
Counsel to look into this and place an action on a future agenda.
ADJOURNMENT
IN MEMORY
There
being no further business, the meeting is adjourned at 11:42 a.m. in memory of
long-time community member Minnie Maurino.
__________________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
_______________________________________
THERESA
NAGEL, CLERK OF THE BOARD