BOARD OF SUPERVISORS

JULY 23, 2002

The Lassen County Board of Supervisors convenes in Regular Session on Tuesday, July 23, 2002, at 9:30 a.m. Present: Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, and Everd McCain; County Counsel John Ketelsen, 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

Vice-Chairman Chapman announces that no closed session was held.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

County Clerk received a call from Larry Wosick requesting the item for approval of formal findings on the Wosick Appeal be heard at the end of the meeting because he is returning from out of town. Vice-Chairman Chapman indicates the matter will be heard at the end of the meeting.

It is moved by Supervisor Pyle, seconded by Supervisor McCain and carried to approve the agenda with the noted change.

PUBLIC COMMENT

Vice-Chairman Chapman asks for public comment and no comments are received.

UNAGENDIZED BOARD REPORTS

1. Supervisor McCain wants the letter from Assemblyman Dick Dickerson requesting comments on his proposal to create a Sierra Nevada Conservancy placed on the next agenda.

2. Supervisor Keefer comments on (Trindell Insurance Fund) Loss Prevention Subsidy Report and the good job that the County Safety Committees are doing. He wants to thank staff (Cheryl Brewster) and all committee members for their commitment.

3. Supervisor Keefer announces he will not be at the next meeting. He will be in Colorado checking out the "unburned" areas (actually on vacation).

4. Supervisor Chapman informs the board members that he has requested Virginia Lemke to perform a survey of each county's stance on Senator Boxer's Wilderness Bill. This information will be a resource for future Board action.

LASSEN COUNTY CHILDREN AND FAMILIES COMMISSION

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to appoint Mae Sherman in Category #2, and Douglas McCoy in Category #3, to fill vacancies on the Lassen County Children and Families Commission due to the resignations of Yvonne O'Neill and Kathryn Fox.

ASSESSMENT APPEALS BOARD

It is moved by Supervisor McCain, seconded by Supervisor Pyle and carried to accept a letter from Assessment Appeals Board Alternate Member Jim Martin resigning from the Assessment Appeals Board; and direct Clerk to advertise the vacancy.

CONSENT CALENDAR

Supervisor McCain requests that Item G-2, Belfast Initiative Resolution, be removed for separate consideration because he has a conflict of interest.

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 July 9 & 16, 2002.

ADMINISTRATIVE SERVICES - PERSONNEL ITEMS

Receive and file Personnel Movement report for June, 2002.

Receive and file report on the (Trindell Insurance Fund) Loss Prevention Subsidy.

OFFICE OF EMERGENCY SERVICES ITEM

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

PRISON TRIALS COST REIMBURSEMENT PROGRAM ITEMS

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

PUBLIC WORKS DEPARTMENT ITEM

Approve and authorize the Chairman to sign the response letter to Bill Edmiston, Vocational Drafting Instructor, regarding re-survey of Lassen County cemeteries.

TAX COLLECTOR / TREASURER ITEM

Approve claims for excess proceeds from the June 5, 2001 Tax Sale, filed with the Lassen County Tax Collector pursuant to Revenue and Tax Code §4675 as follows:

APN CLAIMANT CLAIM AMOUNT RECOMMENDED

APPROVAL

001-401-1011 Bobbie Jean Grimes $ 3,313.45 $ 3,313.45

003-160-5611 Genevieve Honore $ 1,266.13 $ 633.06

033-160-5611 John H. Lechner &

Betty Jean Lechner $ 1,255.13 $ 633.06

013-160-1011 Global Discoveries, Ltd. $ 6,612.75 $ .00

013-160-1111 Barbara Hartley $ 9,914.61 $ .00

013-160-1111 William J. Mitchell &

Caroline R. Mitchell $16,524.36 $16,524.36

043-190-0311 Juanita Martinez $ 1,090.31 $ 1,090.31

043-250-3011 James D. Orear $ 161.54 $ 161.54

077-351-0711 Bruce Morris Holding Co. $ 644.30 $ 644.30

079-050-0742 Rocky T. Joy $ 163.41 $ .00

079-050-0742 Rocky T. Joy $ 163.41 $ .00

079-050-1044 Rocky T. Joy $ 935.81 $ .00

079-050-1044 Rocky T. Joy $ 935.81 $ .00

081-080-0311 Kandl Co. Inc. $16,277.35 $16,277.35

119-060-0811 Internal Revenue Service $ 1,200.96 $ 1,200.96

129-361-0311 Treesa Cooper $ 5,776.25 $ 5,766.25

131-090-0511 Internal Revenue Service $ 8,337.63 $ 8,337.63

131-090-0511 County of San Diego $ 8,337.63 $ .00

137-100-5211 Ethel McAfee $ 2,835.03 $ 2,835.03

137-100-5211 Romeo & Erna Marlang $ 2,835.03 $ .00

137-100-5311 Ethel McAfee $ 861.69 $ 861.69

137-100-5311 Romeo & Erna Marlang $ 861.69 $ .00

COUNTY COUNSEL

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried on a roll call vote, with Supervisor McCain abstaining, to adopt Resolution No. 02-048, calling an Initiative Election (Belfast) pursuant to Elections Code Section 9118.

HEALTH AND HUMAN SERVICES DEPARTMENT - ALCOHOL AND DRUG DIVISION

Alcohol & Drug Administrator Mike Beard provides information on the events that have occured in relation to the youth substance abuse treatment program that Right Roads Recovery Programs was supposed to administer. He covers some of the reasons the program has not gotten underway. Right Roads did receive the proper licensing for the program. A subcontract has been developed between Right Roads and Progress House, Inc. for operation of the program and the item before the Board of Supervisors is the approval of this subcontract.

Mr. Beard notes that Progress House is requesting no funding and they have accomplished in a couple of months what Rights Roads did not accomplish in several months.

Supervisor Keefer wants to know if there is knowledge of where the equipment purchased by Right Roads is located.

Beard responds the vehicle is still in county possession. Some of the equipment is missing but arrangements for financial compensation is being worked out between Right Roads and Progress House. He expects the program to start-up by August 1st.

It is moved by Supervisor McCain and seconded by Supervisor Keefer to approve the subcontract between Right Road Recovery Programs, Inc. and Progress House, Inc. for youth treatment services; and authorize the CAO to sign the subcontract as consenting party.

Supervisor Chapman sees this as a text book case of how not to put together a social service program. He discusses the extremely poor management by Rights Roads with over $300,000 spent and no clients being served before the State stepped in. He feels there needs to be some definition of what is expected and funds should not be paid out until service is provided. He feels after a good track record is established advance payments could be provided. He feels strongly that Lassen County must be strict in order to protect the investments of all the participating counties. He also wants status reports made to the Board of Supervisors on a very regular basis. He asks County Counsel if the subcontract is set up as a reimburseable contract and Counsel responds that it is structured that way.

Mike Beard states when Progress House has completed their adolescent treatment licensing, a contract between them and the county will be prepared.

Supervisor Chapman asks just how many clients are expected in August. Mr. Beard responds the first client will come from Lassen County and there is a target of eight boys in August, four more boys in September, six girls in October and six more girls by the end of October. CAO Whiteman states that monthly reports will be made to the Board.

The motion carries unanimously on a roll call vote.

Tom Avery, representing Progress House, states they have been around for 29 years and are already licensed and certified to take care of everyone except adolescents. He is not asking for any money as the money has already been expended. He states the problems experienced by Right Roads provided an opportunity for Progress House. The facility will be called Progress

House-Sierra Campus and they already have a full staff ready.

PUBLIC HEARING - REZONE - LEAVITT LAKE COMMUNITY SERVICE DISTRICT AND LARRY STANDIFORD

The public hearing is opened at 10:21 a.m. on General Plan Amendment #755.01.05, Rezone Application #2001-120, and Parcel Map Application #2001-120, filed by Leavitt Lake CSD and Larry Standiford; to change the land use designation on 13.7 acres from Rural Residential to Urban Residential on 13.2 acres and from Rural Residential to Public on .5 acres. In conjunction with the change in land use designation, the applicant is proposing to change the zoning on 13.2 acres from A-2-B-5-A (Agricultural Residential, Building Site Combining - 5 Acres Minimum, Agricultural Combining District) to R-1 (Single-Family Residential) and .5 acres from A-2-B-5-A to I-1 (Institutional Use District). Along with this proposal, the applicant is proposing to subdivide 2 of the parcels into 4 parcels being .14 acre, .23 acre, 1.13 acres, and 6.49 acres in size. The project site is located adjacent to and east of Buffum Lane, immediately south of the Leavitt Lake Homesites subdivision, at Leavitt Lake.

Supervisor McCain steps down and sits in the audience because he has a conflict of interest.

Planner Kent Hector presents the staff report.

No one speaks against the project.

Applicant Larry Standiford speaks in favor of the applications and states the Leavitt Lake Community Service District is in support of this project. He discusses improvements to infrastructure for the sewer systems, etc. which will occur in conjunction with this project.

The hearing is closed at 10:28 a.m.

It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried on the following roll call vote: Supervisor Pyle - YES, Supervisor Keefer - YES, Supervisor Chapman - YES and Supervisor McCain - absent, to adopt Resolution No. 02-047, as recommended by the Planning Commission, which includes the following: a) adoption of Negative Declaration #2001-120; b) adoption of General Plan Amendment #755.01.05; c) approval of Rezone #2001-120 and d) approval of Parcel Map #2001-120, subject to conditions of approval; and introduce and adopt, by title only, Ordinance No. 467A-328, rezoning the subject property from A-2-B-5-A to R-1 and I-1.

Recess 10:30 - 10:38 a.m.

TREASURER / TAX COLLECTOR

It is moved by Supervisor Pyle, seconded by Supervisor McCain and carried to receive the report of voided sale on Parcel #119-380-17 and adopt Resolution No. 02-049, approving the sale of tax defaulted property at public auction on September 18, 2002.

ADMINISTRATIVE SERVICES

CAO Whiteman provides information to the Board on the possibility of acquiring property located at 704 Court Street. The home located on the property is not on a foundation and the best use of the land would be for a parking lot. The owner is asking $72,000 and the CAO feels an appraisal should be obtained.

It is moved by Supervisor Keefer, seconded by Supervisor McCain and carried to authorize the CAO to obtain an appraisal and enter into negotiations with the owner for possible purchase of 704 Court Street property.

INFORMATION FOR THE BOARD

1. CAO Whiteman reports that nine applications were received for the position of Fair Manager. Three of the applicants meet the minimum qualifications. He asks how the board members want to handle the selection process.

Board consensus is to set a date for interviewing the three qualified applicants.

TRANSIENT OCCUPANCY TAX

Supervisor Pyle introduces Charles Ray and Merle Lay from the Spalding Community Service District (CSD) who would like to address the Board on the use of Transient Occupancy Tax (T.O.T.).

Charles Ray asks the board members to consider using some of the $25,000 generated annually from Spalding Tract rental unit T.O.T. taxes for expenses currently paid by the Spalding CSD. He notes the CSD provides the dock for the Sheriff's Boat that serves the entire lake. They also provide portable toilets in the docking area, and pay the cost of disposing of trash. He notes that household trash is not to be placed in the receptacles at the public areas but there is no enforcement. He also talks about the very poor condition of the parking lot at the Stones Launch Ramp, and states that a lot of T.O.T. dollars are generated at Merriner's Resort. He states the county has an obligation to maintain the launch ramp parking lot.

Supervisor Chapman feels this is a legitimate request, but if T.O.T. funds are split some of the basic needs for the county may not be met. He feels these requests should be rolled into the budget discussions. He discusses the unknown status of the State Budget and how it may affect the County Budget. He asks the CAO to meet with Supervisor Pyle and Mr. Ray to review the needs.

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION

Community Development Director Robert Sorvaag presents the written formal findings for Wosick Appeal (Use Permit #2002-17).

Supervisor McCain wants to know why mitigation measures are part of the findings.

County Counsel John Ketelsen responds the mitigation measures make up part of the reasoning for making the decision and therefore are appropriate for inclusion in the findings.

Supervisor McCain states that based on the possibility of litigation it would not be good to air dirty laundry so he will abstain from making comments.

Supervisor Keefer commends staff for putting together clear and concise findings.

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried on the following roll call vote: Supervisor Pyle - YES, Supervisor Keefer - YES, Supervisor McCain - abstain, Supervisor Chapman - YES, to approve the formal findings on the Wosick Appeal (Use Permit #2002-17.

There being no further business, the meeting is adjourned at 11:07 a.m.

__________________________________________

CHAIRMAN OF THE BOARD OF SUPERVISORS

ATTEST:

_______________________________________

THERESA NAGEL, CLERK OF THE BOARD