BOARD OF SUPERVISORS

SEPTEMBER 10, 2002

The Lassen County Board of Supervisors convene in Regular Session at 9:03 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 9:04 a.m. to discuss: Public Employee Employment: Fair Manager.

Present in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, Brian Dahle, and Everd McCain; County Counsel John Ketelsen, County Administrative Officer Andy Whiteman and County Clerk Theresa Nagel. Supervisor Chapman is absent. Closed Session is recessed at 9:09 a.m.

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, September 10, 2002, at 9:30 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 Pyle.

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

The County Clerk announces the Closed Session dealt with discussion on: Public Employee Employment: Fair Manager - no reportable action taken.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

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

PUBLIC COMMENT

William "Mike" Engman states he is trying to get a deeded easement across county owned property to allow homeowners to use their property.

Supervisor Chapman is familiar with this matter and suggests referring this to County Counsel for issues to be defined and proper action to be outlined.

County Counsel John Ketelsen gives a brief review of the matters that need to be looked at to make a determination on the proper action.

Chairman Dahle refers to County Counsel this specific matter as well as the development of a policy for similar matters.

Suzanne Fleming is trying to buy Mike Engman's home and is anxious to have the matter resolved.

Realtor Terri Stevens informs the board members that in the past conventional financing could be obtained with prescriptive right-of-ways, but things have changed and lending agencies will not make loans on these properties.

Jennifer Gorohoff, realtor for this purchase, wants to know how long this process will take.

Supervisor Chapman states the county may not have control over what may or may not crop up during the research.

George Nelson, another property owner in the area, hopes the county will provide an easement.

UNAGENDIZED BOARD REPORTS

1. Supervisor Keefer announces the first meeting of the Resource Advisory Committee (RAC) will be held tomorrow at 9:00 a.m.

2. Supervisor Keefer reminds the board members that a consultant was hired to provide draft community fire plans. The draft plans were due by June 1st with the final plan due September 1st. An extension was granted for final plans to be submitted by September 30th. The draft plans need a lot of work and it is apparent they final plans will not be ready by the deadline. He is working with County Counsel on a review of the original contract and what actions need to be taken.

3. Supervisor Pyle announces that PG&E will be holding a meeting in Westwood on September 30th relating to the Federal Emergency Regulatory Commission (FERC) License. He wants a resolution from the Board restating all items in the Westwood Area Plan in relation to Walker Lake.

4. Supervisor Chapman announces the bids will be opened on September 21st with award of bid on the 24th for Co. Rd. A-2. There is a scheduled bid opening in October for Center Road. He hands two pieces of broken asphalt to CAO Whiteman - which Whiteman hit while riding his bicycle on Center Road blowing out two tires.

5. Supervisor Dahle extends a special thank-you to everyone in the Road Department that helped so much with obtaining $4.8 million for Co. Rd. A-2.

6. Supervisor Dahle provides an update on the Big Valley Sustained Yield Unit. He states with a new Modoc National Forest Ranger and Acting Supervisor, good communication is being established.

ALCOHOL AND DRUG ADVISORY BOARD

It is moved by Supervisor Keefer, seconded by Supervisor McCain and carried to appoint Amber R. Pangborn to the Alcohol and Drug Advisory Board.

LASSEN COUNTY CHILDREN AND FAMILIES COMMISSION

It is moved by Supervisor Chapman, seconded by Supervisor Keefer and carried to accept, with regret, the letter from Childrens and Families Commission member Dave Jones submitting his resignation, effective September 30th, and direct County Clerk to advertise the vacancy.

PIT RESOURCES CONSERVATION DISTRICT

It is moved by Supervisor McCain, seconded by Supervisor Pyle and carried to appoint Louis Haas to fill a vacancy on the Pit Resources Conservation District Board.

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 August 27, 2002.

COUNTY CLERK - PROPOSITION 65 REPORT ITEM

Receive and file report #02-06, filed by Mike Whipple, R.E.H.S. Environmental Specialist III - NOTIFICATION OF HAZARDOUS MATERIALS RELEASE: On August 28, 2002, received notification from Susanville City Fire Chief 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 the contamination is not known at this time. (This is a separate incident than the one reported August 5, 2002, at Susanville City Hall). Horizon Environmental of Sacramento will be on-site to investigate and remediate the site.

HEALTH AND HUMAN SERVICES - PUBLIC HEALTH ITEM

Award bid for Public Health modular furniture to The Keller Group, Inc., the lowest bidder; and authorize the Health and Human Services Director to sign the contract.

OFFICE OF EMERGENCY SERVICES ITEM

Ratify continuation of the 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 August, 2002; and High Desert State Prison Trials Cost Reimbursement Billing for the month of August, 2002.

PUBLIC WORKS DEPARTMENT - ROAD DIVISION ITEM

Approve and authorize the Director of Public Works to sign Amendment No. 1 to the agreement between the County of Lassen and Ryan & Associates for right-of-way appraisal services for the widening and overlay of County Road A-2 Construction Project.

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a. Lassen County Fair Advisory Board agendas for August 20, 2002, and September 10, 2002.

b. Mallard Cablevision, SunTel Communications announcement of three new channels being launched effective October 1, 2002, along with a change in locations of several channels, and an increase in rates.

c. Technical Advisory Committee revised agenda for September 3, 2002.

d. Lassen County Planning Commission agenda for September 4, 2002.

e. Lassen County In-Home Supportive Services Advisory Board agenda for September 11, 2002, and minutes of August 14, 2002.

f. Lassen County Transportation Commission agenda for September 9, 2002.

g. Lassen Transit Service Agency agenda for September 9, 2002.

COUNTY CLERK/COUNTY COUNSEL

Supervisor McCain points out a typographical error "broadcast" needs to be "broadest" in the LMUD code.

It is moved by Supervisor McCain, seconded by Supervisor Keefer and carried to approve new Conflict of Interest Codes for Madeline Fire Protection District, Big Valley Recreation District, and Lassen Municipal Utility District, with the noted correction, which have been reviewed by County Counsel.

TREASURER/TAX COLLECTOR

Treasurer/Tax Collector Richard Egan informs the board members that he is recommending no action be taken in regard to foreclosure proceedings on delinquent parcels as required by Resolution No. 94-92 and 96-079. He has found the bond fund has enough money to squeak by this year without moving to foreclosure.

ADMINISTRATIVE SERVICES

In regard to reimbursements for in-county travel, Supervisor Keefer wants the CAO to sign-off the claims so consistency can be maintained.

It is moved by Supervisor McCain, seconded by Supervisor Chapman and carried to approve the Training and Tuition Reimbursement Policy, with CAO sign-off on in-county travel claims and wording changes to replace "is" and "shall" with "may"; and adopt Resolution No. 02-057, amending the Personnel Rules and Regulations to refer and conform to the new policy.

BOARD OF SUPERVISORS

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to adopt Resolution No. 02-058, urging citizens of Lassen County and our great nation to remember the tragic day of September 11, 2001.

Chairman Dahle reads the resolution.

Supervisor Chapman requests the meeting be adjourned in memory of all those who lost their lives in the tragic events of September 11, 2001.

INFORMATION FOR THE BOARD

CAO Whiteman informs the board members that the Court Street property the county was considering purchasing has a another buyer.

UNAGENDIZED BOARD REPORTS CONT.

7. Supervisor Chapman reviews legislation that is on the Governor's desk for signature relating to trial court facilities, Brown Act disclosures of closed sessions, and moving the primary election to June.

CORRESPONDENCE

1. A letter from Lassen County Fish and Game Commission requesting a strong resolution to the Director of the California Department of Fish and Game urging immediate action on the severe shortage of wardens in the Lassen/Modoc area, is received and discussed.

It is moved by Supervisor Chapman, seconded by Supervisor Keefer and carried to place a resolution on the next agenda as requested.

2. A letter from the Honey Lake Community Television Corporation requesting that a county officer be designated as the responsible person to sign the special use permit for the radio vault on Black Mountain, issued by the US Forest Service and managed by the Plumas National Forest, is received and discussed.

It is moved by Supervisor McCain, seconded by Supervisor Pyle and carried to authorize the CAO to sign the special use permit.

Recess 10:35 - 11:30 a.m.

PRESENTATION OF APPRECIATION PLAQUES

Supervisor Chapman announces the Lassen County exhibit at the State Fair received a silver award and he makes presentations of appreciation plaques to Warden Roy Castro, Warden Dave Runnels, Mill & Cabinet Instructor Steven Dandridge and Artist Facilitators Joe and Petra Rees.

CAO Whiteman announces that he just received information that the cash award for the exhibit is $3,986.01.

UNAGENDIZED BOARD REPORTS CONT.

8. Chairman Dahle asks the County Clerk to place an item on the next agenda for Board of Supervisor's direction on the use of the Westwood Visitor's Center.

Recess 11:42 a.m. - 1:30 p.m.

PUBLIC HEARING - 2002/2003 BUDGET

The public hearing is opened at 1:30 p.m. to accept comments on the Fiscal Year 2002/2003 Proposed County Budget.

Assistant to the CAO Chris Beard presents a Power Point overview of the 2002/2003 Budget.

Due to the separation of Child Support from the District Attorney's budget, this budget is now having to support the portions that were formerly funded through Child Support ($144,000). Discussion is held with the District Attorney and authorization is given to retain two employee positions that were previously funded under Child Support Division.

The Juvenile Justice Commission has requested that a Mental Health Therapist be placed in the Juvenile Detention Facility ($30-35,000). Extensive discussion is held on the need for mental health services for youths in the juvenile hall. Chairman Dahle directs the CAO to do everything he can to make mental health services to juvenile hall a priority and to provide a report to the Board in two months.

CAO Whiteman introduces discussion of the In-Home Supportive Services Program requirement to set up an Employer of Record. Personnel Director Lynne Margolies explains what steps have to occur before this program is operational. There is unknown financial impact on the General Fund and if this program will require a matching funds.

Recess 2:55 - 2:59 p.m. Supervisor Chapman not present.

Child Support budget briefly discussed - no changes. (Supervisor Chapman enters at 3:03 p.m.)

Sheriff Department budget is discussed with continuation of the request for a new receptionist position until the Sheriff Administration Building is opened.

Agriculture and Predatory Animal Budgets are discussed with no changes.

Fish and Game, Taylor Grazing and Cooperative Extension Budgets - no changes.

Fair Budget - no change.

Treasurer, Auditor, Assessor, Clerk of the Board, County Clerk, Elections, Recorder budgets - no changes.

Probation and Juvenile Hall budgets - no changes.

Health and Human Services budgets - no changes.

Community Development budgets - no changes.

Supervisor Chapman would like to have all parks budgets under one fund such as Natural Resources. Chairman Dahle directs the CAO to work with Community Development Director Robert Sorvaag and Public Works Director Larry Millar to bring a proposal back to the Board.

Public Defender budget - the Public Defender requests the reclassification of the Senior Deputy Public Defender to Assistant Public Defender to create parity with the District Attorney. CAO Whiteman notes this would create an inequity for the Deputy County Counsel.

Following discussion among board members, Chairman Dahle feels the consensus of the board members is to reclassify both the Senior Public Defender and Senior County Counsel to assistants.

Recess 4:21 - 4:27 p.m.

Public Works/Surveyor budgets - Public Works Director requests the addition of an Engineering Tech position which would mean a savings to the general fund.

Supervisor McCain notes the trust funds are getting too high and will be lost. Public Works Director Larry Millar reviews projects in the plans for use of some of the trust funds. CAO Whiteman notes the public works budget needs to be increased $8,000 to cover electricity costs for the Westwood Visitor's Center.

Board of Supervisor's budget - delete health insurance for Supervisor Chapman.

Administration Services - request for reclassification of Reprographic Coordinator to Program Assistant at Range 15.

Board consensus is to put all new requested positions on hold for now.

Personnel/Risk Management - no changes.

Non-Departmental - delete $26,850 allocated for Ravendale foreclosures and schools.

County Counsel - increase salaries/benefits for reclassification of Senior Deputy County Counsel.

Social Workers - Personnel Director Lynne Margolies makes a request for increases for Social Worker Professionals as follows: Social Worker IV salary range to Range 22, and the Social Worker III classification be comparable to the Mental Health Case Worker (Range 18 without a degree, Range 19 with a Bachelors Degree and Range 20 with a Masters Degree). Both positions eligible for a 10% premium if they receive licensing from a State Registered Board in the field.

Information Services - requesting two positions. Board consensus is to add one technical service specialist position.

Fixed assets - will bring back next week.

Capital Projects - increase from $150,000 to $200,000.

Tobacco Settlement Funds requests:

Retiree Health Benefits - unfunded liability $8,000,000 - In GASB 31 ruling, public entities must now disclose the unfunded liability of any pension and/or benefit that is to be provided to retirees at a future date.

Family Resource Centers - $8,000,000 - for entire amount of Tobacco Settlement monies starting in the year 2005/2006.

Supervisor Dahle was hoping that some of the funds could be used to place a Family Resource Center in Bieber, which has the greatest need, and use the remainder to fund the retiree health benefits.

Following extensive discussion Supervisor Chapman proposes the Family Resource Centers be the priority ($300,000 this year, $300,000 next year and $400,000 following years), with balance for unfunded retiree health insurance.

Supervisor McCain feels all partners need to get together for funding the resource centers, with the county providing some start-up funding and with the expectation they become self-supporting.

Supervisor Keefer feels the priority should be the retiree health benefits and starting one center in Bieber.

Further extensive discussion is held among board members, Childrens and Families Commission Executive Director Laura Roberts and CAO Whiteman.

Board consensus is to commit $1,357,666 to unfunded retiree health benefits with a one-time allocation of $300,000 for Bieber Family Resource Center.

Public hearing is closed at 6:20 p.m.

Chairman Dahle directs the budget adoption items be placed on the next agenda.

PROPERTY PURCHASE

It is moved by Supervisor McCain, seconded by Supervisor Chapman and carried to confirm the purchase of 700 Brashear Street, Susanville, California; and adopt Resolution No. 02-059, confirming the purchase and authorizing the County Administrative Officer to accept the property.

ADJOURNMENT IN MEMORY

There being no further business, the meeting is adjourned at 6:23 p.m. in memory of all those that lost their lives in the tragic events of September 11, 2001.

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CHAIRMAN OF THE BOARD OF SUPERVISORS

ATTEST:

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THERESA NAGEL, CLERK OF THE BOARD