BOARD OF SUPERVISORS

AUGUST 13, 2002

The Lassen County Board of Supervisors convene in Regular Session at 9:04 a.m. Chairman Dahle 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 9:05 a.m. for an employee performance evaluation: County Administrative Officer McFerrin A. "Andy" Whiteman.

Present in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, Brian Dahle, and Everd McCain; County Administrative Officer Andy Whiteman and County Clerk Theresa Nagel. Closed Session is recessed at 9:26 a.m.

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, August 13, 2002, at 9:26 a.m. Present: Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Everd McCain; County Counsel John Ketelsen, County Administrative Officer (CAO) Andy Whiteman and County Clerk Theresa Nagel. Following the flag salute, the invocation is offered by Supervisor McCain. Supervisor Keefer & Supervisor Chapman are not present at the beginning of the meeting.

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

The County Clerk announces the Closed Session dealt with an employee performance evaluation: County Administrative Officer McFerrin A. "Andy" Whiteman - no reportable action taken.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

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

(Supervisor Keefer & Supervisor Chapman enter at 9:32 a.m.)

PUBLIC COMMENT

1. Sierra Army Depot Information Officer Larry Rogers announces an emergency treatment (safety reasons) of explosive materials will occur this Friday afternoon and maybe on Saturday. The explosions will only last a few minutes and will probably only be seen and heard by residents in the south county area.

2. Tom Gauthier, representing the Lassen County Fire Safe Council and the Janesville Fire Safe Council, provides an update on the activities of the councils and the plans for projects to be funded by $258,000 in grants they have received. He also states they are applying for incorporation which is necessary to receive the grants. He wants to public recognize the help with free services from Attorney Frank Cady and Plumas Bank. There are fees amounting to approximately $400-500 and Mr. Gauthier has paid the initial fee so the process could proceed without delay. He requests some help from the county as the fees cannot be paid from the grants. He also recognizes the extensive work that Supervisor Keefer has provided.

Supervisor Keefer was hoping that each board member could designate some of their discretionary funds to cover the incorporation expenses, and that this include reimbursement to Mr. Gauthier for the funds he has expended.

Board consensus is to proceed in this fashion if they have discretionary funds in the budget.

UNAGENDIZED BOARD REPORTS

1. Supervisor Keefer states he and his wife had a great trip to Colorado. While visiting the Mesa Verde National Park Museum they were evacuated when a fire started near there.

2. Supervisor Pyle attended the CHP retirement dinner on Saturday and presented the proclamations to the retiring officers.

3. Supervisor Chapman attended the CSAC Executive meeting last week and he reports on the discussions held relating to the state budget.

4. Supervisor Chapman distributes an information packet on SB 1732, Trial Court Facility Funding - state ownership and control of court facilities. He asks that this matter be placed on the next agenda for discussion on how this legislation will affect the county.

5. Supervisor Chapman discusses the extremely poor conditions of South Street due to the City gas main project and logging operations on the burned area. He states the Transportation Commission took note of this and both the city and county have been asked to address the issue.

6. Supervisor Dahle announces there will be a meeting of the Big Valley Sustained Yield Unit Committee and the independent consultants. He should have a report at the next meeting.

7. Supervisor Chapman notes that he did not attend the closed session, but states that he feels CAO Whiteman is doing a good job. He also discusses a bicycle ride that he and Whiteman participated in at Lake Tahoe.

ASSESSMENT APPEALS BOARD

It is moved by Supervisor Keefer, seconded by Supervisor Chapman and carried to appoint Kurt Bonham to fill a vacancy on the Assessment Appeals Board for the alternate position.

LOCAL REUSE AUTHORITY

The Board of Supervisors recess and convene as the Local Reuse Authority.

Program Coordinator Regina Rankin presents information on the transfer of the Electric Distribution Facilities serving the Sierra Army Depot by and between the Lassen County Local Reuse Authority and Plumas Sierra Rural Electric Cooperative.

It is moved by Supervisor McCain, seconded by Supervisor Pyle and carried to adopt Resolution No. 02-003-LRA, approving Memorandum of Understanding (MOU) in Contemplation of the Negotiation of an Agreement for the Transfer of the Electric Distribution Facilities serving the Sierra Army Depot by and Between the Lassen County Local Reuse Authority and Plumas Sierra Rural Electric Cooperative; and authorize the County Administrative Officer to sign the MOU.

The Local Reuse Authority adjourns and the Board of Supervisors reconvene.

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 July 30, 2002.

COUNTY CLERK - PROPOSITION 65 REPORT ITEM

Receive and file report #02-05, filed by Mike Whipple, R.E.H.S. Environmental Specialist III, on August 5, 2002 - NOTIFICATION OF HAZARDOUS MATERIALS RELEASE: On August 5, 2002, received notification from Susanville City Fire Department, Steve Rose, that contaminated soil was discovered during soil excavation at the Susanville City Hall. The contamination is believed to be diesel heating oil and the source of contamination is not known at this time. Horizon Environmental of Sacramento will be on-site to investigate and remediate the site.

COUNTY CLERK-RECORDER - ELECTIONS DIVISION ITEMS

Approve Westwood Community Services District request that the Board of Supervisors authorize and direct the Lassen County Clerk to serve as the election official for a special election to submit a question imposing a special tax against real property for the purpose of fire protection and prevention services; and authorize consolidation of said special election with the November 5, 2002 General Election.

Approve Spalding Community Services District request that the Board of Supervisors authorize and direct the Lassen County Clerk to serve as the election official for a special election to submit a question imposing a special tax against real property for the purpose of fire suppression, prevention, rescue and emergency medical services; and authorize consolidation of said special election with the November 5, 2002 General Election.

Approve Stones-Bengard Community Services District request that the Board of Supervisors authorize and direct the Lassen County Clerk to serve as the election official for a special election to submit a question imposing a special tax against real property for the purpose of fire suppression, prevention, rescue and emergency medical services; and authorize consolidation of said special election with the November 5, 2002 General Election.

Approve Spalding Community Services District request that the Board of Supervisors authorize and direct the Lassen County Clerk to serve as the election official for a special election to submit a question imposing a special tax against real property for the community wastewater system project; and authorize consolidation of said special election with the November 5, 2002 General Election.

BOARD OF SUPERVISORS ITEM

Adopt Proclamations for three retiring California Highway Patrol Officers: Jimmy DeWayne Cleveland, Donald G. Maxfeldt, Jr. and Rick Wilburn; and proclamation for retiring Lassen College Instructor Gary Boyd.

OFFICE OF EMERGENCY SERVICES ITEM

Ratify continuation of Declaration of State of Disaster / Emergency in

Lassen County.

PUBLIC WORKS DEPARTMENT ITEM

Approve Amendment No. 1 to agreement with Altec Engineering for the preparation of a Record of Survey for Susanville Road (A-2) Centerline and Sectional Breakdown and Monumentation; and authorize the Director of Public Works to sign the amendment.

PUBLIC WORKS DEPARTMENT - ROAD DIVISION ITEMS

Adopt Resolution No. 02-051, authorizing the chairman to sign the Program Supplement for the State Transportation Improvement Program (STIP) project on Susanville Road A-2; PPNO#2049-SB45 for preliminary engineering.

Adopt Resolution No. 02-052, authorizing the chairman to sign the Program Supplement for Highway Bridge Replacement and Rehabilitation (HBRR) project on Bridge 7C-01 on Mapes Lane CR 305 for preliminary engineering.

Adopt Resolution No. 02-053, authorizing the chairman to sign the Program Supplement for Highway Bridge Replacement and Rehabilitation (HBRR) project on Bridge 7C-02 on Mapes Lane CR 305 for preliminary engineering.

PRISON TRIALS COST REIMBURSEMENT PROGRAM ITEMS

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

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a. Technical Advisory Committee meeting revised agenda for August 6, 2002, and special meeting agenda for August 16, 2002.

b. Lassen Transit Service Agency meeting agenda for August 12, 2002.

c. Lassen County Air Pollution Control District Governing Board meeting agenda for August 13, 2002.

d. Lassen County In-Home Supportive Services Advisory Board special meeting agenda for August 14, 2002.

e. Lassen County Transportation Commission agenda meeting for August 12, 2002.

f. Lassen County Planning Commission agenda for August 7, 2002.

g. Lassen County Fair Advisory Board meeting agenda for August 13, 2002.

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION

Prop 40 Grant Funding:

Community Development Director Robert Sorvaag asks Cynthia Celaya to make a presentation on Proposition 40 - The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002.

She states the county qualifies for the Per Capita Grant Program and the Roberti-Z'berg-Harris Urban Open Space and Recreation Grants Program, but it is unknown if these programs will be funded in the state budget.

Supervisor Chapman suggests this matter be placed on a future agenda to formulate ideas for use of the grant funding.

AB 303, Groundwater Monitoring:

Community Development Director Robert Sorvaag presents a report on the application status relating to the Notice of Partial Funding for (AB303), Local Groundwater Assistance Funds for Groundwater Monitoring within Lassen County.

COUNTY CLERK-RECORDER - ELECTIONS DIVISION

It is moved by Supervisor Chapman, seconded by Supervisor Keefer and carried to adopt Resolution No. 02-054, approving the application for funds under the Voting Modernization Bond Act of 2002.

PROBATION DEPARTMENT

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to approve the space available agreement with Fouts Springs Youth Facility for FY 2002/2003 for placement of youths with a juvenile court commitment to a camp, at a rate of $2,780 per month per ward; and authorize the Chairman to sign the agreement.

COUNTY ADMINISTRATIVE OFFICE

County Counsel John Ketelsen expresses his concern with granting a 10' Easement at Susanville Ranch Park to a private person for the purpose of creating a gravity flow sewer connection to the sanitary district's main. With no compensation from the property owner this could be considered a gift of public funds. He provides information on options the board could choose from.

Susanville Consolidated Sanitary District Manager Logan Olds, states that transferring the easement to their district for subsequent transfer to the property owner would create the same issue of "gift of public funds". He states the district does not have responsibility for lateral connections, and he notes the property owner could install a pressure system and use existing mains. He does acknowledges the sanitary district would prefer a gravity flow over a pressure system.

Supervisor McCain suggests an encroachment permit across the Susanville Ranch Park could be utilized rather than the granting of an easement. He notes there is a public interest since the sanitary district prefers gravity flow for capacity purposes.

Chairman Dahle refers this matter back to staff for further review, and directs staff to notify the property owner.

INFORMATION FOR THE BOARD

CAO Whiteman announces the budget hearing is set for September 10, 2002, at 1:30 p.m. He will be meeting with department heads over the next two weeks to go over their budgets.

CORRESPONDENCE

1. A letter from County Superintendent of Schools Robert L. Owens requesting HR 2389 funding be set aside for several forest-related projects on behalf of Lassen County schools, is received and filed.

2. A letter from Global Discoveries, Ltd. President Andrew B. Katakis directed to County of Lassen Tax Collector's Office regarding a claim for Excess Proceeds resulting from the June 5, 2001 tax sale, of APN#013-106-11, Brandel, Henry F. & Ruby J. JT, is received, filed and referred to County Counsel.

Treasurer and Tax Collector Richard Egan notes the persons this letter is written on behalf of are the owners that let the taxes go delinquent, and there was a first trust deed holder that had a legitimate claim to the excess proceeds. He also notes the action before the Board of Supervisors was publicly noticed and therefore the Brandels could have attended. He also states his office has not denied to provide information to them, but some information they requested is not available from his office.

3. A letter from Siskiyou County Board of Supervisors expressing their deepest sympathy on the loss of the three Lassen National Forest fire fighters, is received and filed.

4. A letter from Far Northern Coordinating Council Developmental Disabilities Membership Chairperson Colleen Ryberg requesting the board appoint Cindy Lauer of Susanville as Lassen County's second representative, is received.

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to appoint Cindy Lauer as Lassen County's second representative to Far Northern Coordinating Council on Developmental Disabilities.

5. A letter from City of Susanville Mayor Lino Callegari requesting waiver of a portion of the fairgrounds rental fee for the Susanville Rodeo and Quarter Horse Show, is received.

Fair Manager Claud Neely presents information on the standard fees that would be charged for the use of the fairgrounds for these two events (in excess of $10,700), and notes the city is only being charged $2,000 and will also pay the utilities and the trash disposal costs. He appreciates the help the fair has received from the city such as funding received for the fireworks on July 4th. He also notes the city will be working with the county on the covered arena.

Supervisor Keefer states he is unhappy with the tone of the letter and notes a large amount of standard charges are already being waived for the city. He notes the County Building Inspector helped the city (at no cost) recently during a period of time when they did not have an inspector. He feels they are getting a good deal at $2,000.

Supervisor McCain feels the city and county need to work together.

Manager Neely states that he has offered to be the co-sponsors of the events and share the proceeds which would allow use of the facilities at no charge. The city has not chosen to accept this offer in the past, or this year. He states it is actually the Rodeo Association that is putting on the event with the city as a major contributor.

Supervisor Chapman is distressed that the city has not accepted the offer from the fair manager and he feels the county needs to ask the city just what their intentions are. He keeps hearing that the city is going to develop their own independent facility across from the fairgrounds. He feels this is coming from administration staff - not from the council. He feels a real heart-to-heart discussion is needed on what the city's intentions are. He is willing to waive the fees but wants the city to be asked if they are intending to develop an independent facility.

Supervisor Pyle states the reason the fair dropped the rodeo is because it was a constant money loser. He states the only reason the city has made money is from sponsorships, not ticket sales. He feels that Manager Neely has already helped the city with lowered fees and there is no need to go further.

Supervisor Keefer agrees with Supervisor Pyle, but also wants a discussion with the city council on various issues.

Supervisor Dahle feels the county needs to sit down with the city to discuss several issues. He feels there has been a lot of cooperation on the county's part in recent years and he wants all issues discussed publicly so the citizens see both sides of the issues. He feels the city has already been given a big break and he is not in favor of further waiving of fees.

It is moved by Supervisor Keefer and seconded by Supervisor Pyle to not waive the $2,000 fee, and to direct staff to send a communication to the city council relating to the Board of Supervisor's desire to have a joint meeting to discuss various issues.

The motion carries on the following roll call vote:

Supervisor Chapman - NO, Supervisor Pyle - YES, Supervisor Keefer - YES, Supervisor McCain - NO, Supervisor Dahle - YES.

ADJOURNMENT IN MEMORY

There being no further business, the meeting is adjourned at 11:08 a.m. in memory of Retired Lassen County Sheriff Ben Yeakey.

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CHAIRMAN OF THE BOARD OF SUPERVISORS

ATTEST:

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THERESA NAGEL, CLERK OF THE BOARD