BOARD OF
SUPERVISORS
MAY
21, 2002
The
Lassen County Board of Supervisors convene in Regular Session at 9:02 a.m. Acting Chairman Pyle asks for public comment
and no comments are received. County
Clerk Nagel announces the Closed Session item and the Board recesses to Closed
Session at 9:03 a.m. for a conference with Legal Counsel: Existing litigation pursuant to Subdivision
(a) of Government Code Section 54956.9: U.S. District Court #S-00-339 LKK PAN,
Esperanza Richardson, Carolyn Richardson, Harold Abbott, and Douglas Thomas vs.
County of Lassen.
Present
in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, and Everd
McCain; County Counsel Bill Murano, County Administrative Officer Andy
Whiteman, Personnel Director Lynne Margolies and County Clerk Theresa Nagel. Supervisor Chapman and Supervisor Dahle are
absent. Closed Session is recessed at
9:12 a.m.
The
Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday,
May 21, 2002, at 9:30 a.m.
Present: Supervisors Robert Pyle,
Jim Chapman, Lloyd Keefer, and Everd McCain; County Counsel Bill Murano, County
Administrative Officer (CAO) Andy Whiteman, and County Clerk Theresa Nagel.
Supervisor Dahle is absent. Following the flag salute, the invocation is
offered by Supervisor Keefer.
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: U. S. District Court
#S-00-339 LKK PAN, Esperanza Richardson, Carolyn Richardson, Harold Abbott, and
Douglas Thomas vs. County of Lassen - the Board voted 3-0, with Supervisor
Chapman and Supervisor Dahle absent, to reject the settlement offer from the
plaintiffs.
AGENDA
APPROVAL, ADDITIONS AND/OR DELETIONS
It is
moved by Supervisor Pyle, seconded by Supervisor McCain and carried to approve
the agenda as posted.
PUBLIC
COMMENT
1. Ronald McDonald Camp Director Vicky Flaig
invites everyone to attend the 8th Annual Memorial Day Pancake Breakfast at the
camp on May 25th & 26th. She will
leave tickets with the County Clerk.
2. Violet Stout reads a Memorial Day poem.
3. Local newscaster Mike Smith asks if the board
members would disclose what the settlement offer was for Richardson,
Richardson, Abbott & Thomas vs. Lassen County. Supervisor McCain states the public
announcment speaks for itself.
UNAGENDIZED
BOARD REPORTS
1. Supervisor Keefer announces the Norcal
meeting will be held in Sierra County this week.
2. Supervisor Keefer comments the newspaper did
a good job on the story relating to the Mental Health Advisory Board
meeting. He states the first meeting
extensively covered the Brown Act and the duties and responsibilities of the
board. Future meetings will address the
Three Year Status Report on Children's System of Care and the Little Hoover
Report.
3. Supervisor Chapman briefly reports on his
activities in Sacramento relating to state budget cuts.
4. Supervisor Chapman discusses the Bizz Johnson
Trail Bridge dedication and the great exhibits viewed at the Railroad Depot
Chamber Mixer hosted by Lassen Land and Trails Trust.
5. Supervisor Pyle announces that he attended
the groundbreaking held by Northeastern Rural Health for a new medical center
in Westwood.
CHILDREN
AND FAMILIES COUNTY COMMISSION
It is
moved by Supervisor Keefer, seconded by Supervisor McCain and carried to
appoint Supervisor Dahle as the alternate Board of Supervisor representative to
the Children and Families County Commission.
Vice-Chairman
Chapman announces that Supervisor Dahle is not present today because he is
attending the Western Interstate Conference of NACO in Billings, Montana.
CONSENT
CALENDAR
It is
moved by Supervisor Pyle, seconded by Supervisor McCain and carried to take the
noted action on the following Consent Calendar items:
COUNTY
CLERK ITEM
Approve
minutes of May 14, 2002.
ADMINISTRATIVE
SERVICES - PERSONNEL ITEM
Receive
and file Personnel Movement report for April, 2002.
COUNTY
COUNSEL ITEM
Reject
claim of Joey Arriola, in its entirety, and direct County Clerk to send Notice
of Rejection.
DISTRICT
ATTORNEY - CHILD SUPPORT DIVISION ITEM
Waive
the formal bid process and authorize purchase through California Multiple
Awards Schedule (CMAS) for office furniture, vehicles, mail server hardware and
additional computers, for the Child Support Division.
HEALTH
AND HUMAN SERVICES - ALCOHOL AND DRUG ITEM
Approve
the Substance Abuse and Crime Prevention Act (SACPA) Plan for FY 2002/2003; and
authorize the SACPA Implementation Team to sign the plan.
OFFICE
OF EMERGENCY SERVICES ITEM
Ratify
continuation of the Declaration of State of Disaster / Emergency in Lassen
County.
MISCELLANEOUS
CORRESPONDENCE ITEMS
Receive
and file the following correspondence:
a. Local Agency Formation Commission special
meeting agenda for May 14, 2002.
b. Lassen County Transportation Commission
meeting agenda for May 13, 2002.
c. Lassen
County Technical Advisory Committee meeting agenda for May 21, 2002.
COUNTY
CLERK/REGISTRAR OF VOTERS
Supervisor
McCain steps down, due to a conflict of interest, and sits in the
audience.
County
Clerk/Registrar of Voters Theresa Nagel presents the Certificate of Sufficiency
of Initiative Petition - Initiative measure to be submitted directly to the
voters to amend Lassen County's General Plan, Zoning Ordinance, and the
Standish-Litchfield Area Plan, to allow for development of a recreational
mountain resort area at Belfast Road, near Litchfield.
Supervisor
Chapman asks just what this initiative will do.
County Counsel Bill Murano responds that it basically tracks the Dyer
Mountain initiative and creates a new mountain resort area out at Belfast Road,
Mr. McCain's property.
Everd
McCain, speaking as a citizen, states that he is one of the proponents of the
initiative. He states that it is not his
property, but is the property of about four other property owners in the
area. He states there are three other
proponents Edith McCallister, Tom Weeks and Herb Miller. He feels it is appropriate to request a
report just as was done for the Dyer Mountain Initiative.
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried on the
following roll call vote: Supervisor Pyle - YES, Supervisor Keefer - YES and
Supervisor Chapman - YES, to receive County Clerk/Registrar of Voters
Certificate of Sufficiency of Initiative Petition - Initiative measure to be
submitted directly to the voters to amend Lassen County's General Plan, Zoning
Ordinance, and the Standish-Litchfield Area Plan, to allow for development of a
recreational mountain resort area at Belfast Road, near Litchfield; and
pursuant to Elections Code 9111, to refer the proposed initiative to the
Community Development Department for a report.
COUNTY
ADMINISTRATIVE OFFICE
CAO
Whiteman presents an update on Request for Proposal (RFP) for Health and Human
Services building complex. He would like
to have feed back from the State on the funding of the lease payments prior to
proceeding with the RFP. Assistant to
the CAO Chris Beard informs the board members that Yolo County received
approval from the State prior to constructing a new H&HS facility and then
were left holding the bag when the State denied an increase in their
allocation. She has asked the State for
an increase in Lassen County's allocation, but has not received a response.
Supervisor
Chapman states he has received comments from local contractors regarding tours
of desired properties which out-of-town contractors were given by county
staff. The local contractors were not
aware of the specifics of the planned development of the H&HS building, but
feel the out-of-town developers received this information. Supervisor Chapman notes there was a lot of
media coverage.
Sheriff
Jarrell states that some out-of-town developers contacted the county and
requested information. Tours were
provided by Chris Beard to developers requesting information on potential
sites, and the tours were available to any developer. He notes the Request for Proposal is still a
protected document and has not been released to anyone except a couple of Board
members.
Supervisor
Keefer feels the problem came about when outside developers put options on
certain properties. He feels that if
such tours were done again, they should be advertised so everyone is aware of
them.
Sheriff
Jarrell states county staff was not aware these developers existed until they
contacted the county. He also states the
county has no control over developers placing options on property.
Supervisor
McCain wants it made very clear that remodeling of existing buildings is also
possible, not just construction of a new building. He states the RFP must be written to allow
this.
Sheriff
Jarrell notes that existing buildings (Holiday Market, Old Forest Service
Building) were included in the tour. He
states that he will be sure the RFP is written to allow remodeling.
Supervisor
Chapman would hate to see restrictions as to the distance from Susanville for
construction of the building. He feels that staff did not do anything wrong,
but states they need to be very aware of the appearance of impropriety when
handling such matters as this. He feels
staff has been operating in good faith.
Local
developer Jack Pastor is pleased with what has been said this morning. He states his concern was that five sites
were shown to out-of-town developers and were quickly optioned. He explains how this adversely impacts other
developers. He feels if a tour is held
it should be publicly advertised so everyone has equal access.
EAGLE
SCOUT PROJECT
Supervisor
Chapman notes that Alex Robinette is not present for the presentation of his planned Eagle Scout
project. Alex plans to plant trees on
the north side of Lassen (Chestnut Street) Cemetery. Supervisor Chapman suggests that funds for
this project could appropriately be allocated from the Cemetery Trust if the
board members desire to do so. He will
arrange for a future presentation by Robinette.
It is
moved by Supervisor McCain, seconded by Supervisor Pyle and carried to
allocate
funding, not to exceed $500, from the Cemetery Trust Fund for purchase of trees
and other supplies needed for this project.
SHERIFF'S
ADMINISTRATION BUILDING
Sheriff
Ron Jarrell presents information on changes that have been made to the
Sheriff's Administration Building design plans.
Supervisor
McCain asks why natural gas has not been considered and Jarrell responds that
he will look into the costs. Supervisor
McCain compliments Sheriff Jarrell for
his work with the architects in the design of an appropriate building.
It is
moved by Supervisor Pyle, seconded by Supervisor McCain and carried to
authorize TRG/LRS to proceed with construction documents for the Sheriff's
Administration Building.
Recess
10:36 - 10:42 a.m.
U.S.
FOREST SERVICE
Public
Service Program Manager Elizabeth Norton is present to provide an update on
grants and agreements.
Supervisor
Chapman announces that representatives from Senator Feinstein's office are
planning a trip to Lassen County the latter part of this week. He reviews the preliminary plans for a tour
of the county.
Ms.
Norton provides information on the Forest Service 2002 Community Protection
Proposals/National Fire Plan which includes the following: Paiute Canyon/Susanville West Defensible
Fuels Reduction to treat 200 acres, for applicant Lassen County Fire Council -
funding requested $38,000; Janesville Evacuation Routes Fuels Reduction to
treat 286 acres, for applicant Janesville Fire Safe Council - funding requested
$96,900; West Almanor Greenbelt Thinning to treat 503 acres, for applicant
Plumas County Fire Safe Council - funding requested $21,000; Forest Service
2002 Economic Recovery Program - for Lassen County - Westwood Visitor Center
Exhibits - funding requested $27,700.
Ms.
Norton discusses the dedication ceremonies held last Thursday for the Bizz
Johnson Trail Bridge over Lassen Street and the viewing of exhibits at the
Railroad Depot during the Chamber of Commerce Mixer hosted by Lassen Land and
Trails Trust. Two projects that are
pending are construction of a trail from Mason Station to the Bizz Johnson
Trail and development of exhibits for the Westwood Visitor Center.
Ms.
Norton distributes and discusses information on Senator Boxer's 2002 Wilderness
Bill. Some aspects of this Wilderness
Bill that are different from past bills are:
use of mechanized and motorized equipment for fuels treatment or fire
management to protect public safety and private property; pre-suppression
actions and techniques delegated to the Forest Supervisor, Park Superintendent
or BLM District Manager; low level military overflights; grazing permitted if
already established in proposed areas; wilderness buffer zones not created. Funding is proposed to: develop trails and
other facilities to promote and enhance recreation experiences; provide
wilderness and wild and scenic economic development grants to communities for
development of visitor centers, brochures, kiosks, etc.; law enforcement
activities; to acquire inholdings.
Board
members discuss the lack of funding for fuels treatment and the issue of roads
in some of the fringe areas and how the public, and private landowners, will be
effected if roads are closed.
COUNTY
ADMINISTRATIVE OFFICE
CAO
Whiteman announces the trial date is set for 8:00 a.m. on June 14, 2002 for
Superior Court Case #34687, County of Lassen vs. City of Susanville, Susanville
Community Development Agency, and Susanville City Council, in the matter of the
adoption of City of Susanville Ordinance 00-869, the Susanville Redevelopment
Plan.
COUNTY
POLICIES
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to adopt
the Purchasing Records Retention Policy.
It is
moved by Supervisor Pyle, seconded by Supervisor McCain and carried to adopt
the changes to Lassen County Recognition Committee Policy.
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to adopt
the Elected Officials Pay and Any Issues of Transition from County Employee to
Elected Official Policy.
INFORMATION
FOR THE BOARD
1. CAO Whiteman announces the county picnic is
scheduled for May 31st from 11:30 a.m. to 1:30 p.m. The board members have agreed to cook and to
provide the hamburgers and hotdogs.
2. County Counsel Bill Murano announces an issue
has surfaced in regard to the administration of the donated funds for the QLG
lawsuit. Plumas County has pulled out
and will be returning any funds that have been contributed. Supervisor Chapman feels Lassen County should
just hold on to their contribution until everything is resolved. Apparently the issue surfaced because the
lawsuit was to only include the QLG and not the other contributors.
3. CAO Whiteman announces a plaque was received
from the State of California to Lassen County Community Development Department
relating to Job Creation Through Collaboration.
4. CAO Whiteman announces the Emergency Medical
Care Committee will meet on June 6th.
STATE
BUDGET CUTS
Supervisor
Chapman provides information on the Governor's State Budget. He states the fight over the budget will not
be between the Democrats and Republicans but will be between two factions of
the Democrats (Senate Liberals (social service programs) vs. Assembly Moderate
(education programs). He notes the
Williamson Act cut is the big hit to rural counties. Supervisor Pyle distributes information from
the Farm Bureau on what this will mean.
Supervisor
Chapman discusses various aspects of the Governor's budget that is so unfair to
local governments. He states a big area
of loss will be to Health and Human Services Programs. He notes there will be a loss of federal
dollars because the matching funds will not be available unless local
government puts up matching funds.
Health
and Human Services Director Tom Keeffer distributes and discusses information
that his staff has put together on what the expected cuts will mean. Supervisor Chapman asks the CAO to look at
contingency plans to address the possibility of running out of operating funds
while the state budget is waiting to be adopted.
CAO
Whiteman informs the board members that the federal government is fining the
State of California because a statewide child support computer system has not
been made operational. The State is
passing the fines onto the counties even though counties played no part in
development of a statewide system. The
fine cannot be paid from child support funds and must come from county general
funds.
Supervisor
Keefer feels the County needs to make the public aware of the State's
responsibility for all the cuts that will be necessary due to the state budget.
There
being no further business, the meeting is adjourned at 12:10 p.m.
__________________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
_______________________________________
THERESA
NAGEL, CLERK OF THE BOARD