SUMMARY MINUTES
BOARD OF SUPERVISORS
707 NEVADA STREET, SUSANVILLE
DECEMBER 15, 2009
9:08 A.M. CALL TO ORDER
PRESENT: Supervisors Lloyd Keefer, Bob Pyle, Brian Dahle and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer (CAO) John Ketelsen Planning Director Maurice Anderson, Special Counsel Rick Crabtree and Deputy Clerk of the Board Susan Osgood. Supervisor Chapman arrives at 9:15 a.m. Closed session ends at 9:43 a.m.
PUBLIC COMMENT: None.
ANNOUNCEMENT OF CLOSED SESSION: 1) Conference with Legal Counsel: Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: Mountain Meadows Conservancy, Sierra Club, and Sierra Watch, Petitioners, v. County of Lassen, Lassen County Board of Supervisors, Respondents, Dyer Mountain Associates LLC, Real Parties in Interest, Superior Court, County of Lassen, Case No. 45938.
2) Conference with Legal Counsel: Existing litigation pursuant to Subdivision (a) of Government Code section 54956.9: Dyer Mountain Associates petition for Chapter 11 bankruptcy, Northern District of California, Federal District Court of California, Case No. 08-30499.
9:46 A.M. OPENING CEREMONIES: Following the flag salute, the invocation is offered by Chairman Keefer.
ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION: Deputy Clerk of the Board Osgood reports: 1) Conference with Legal Counsel: Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: Mountain Meadows Conservancy, Sierra Club, and Sierra Watch, Petitioners, v. County of Lassen, Lassen County Board of Supervisors, Respondents, Dyer Mountain Associates LLC, Real Parties in Interest, Superior Court, County of Lassen, Case No. 45938 - No reportable action taken.
2) Conference with Legal Counsel: Existing litigation pursuant to Subdivision (a) of Government Code section 54956.9: Dyer Mountain Associates petition for Chapter 11 bankruptcy, Northern District of California, Federal District Court of California, Case No. 08-30499 – No reportable action taken.
AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS:
ACTION: Supervisor Chapman requests the meeting be adjourned in memory of Shirley Workman and John Wm. Fouch, Jr. (father of Auditor Karen Fouch).
MOVED BY: Hanson SECONDED BY: Dahle UNANIMOUS: Yes
PUBLIC COMMENT: 1) California Highway Patrol (CHP) Lieutenant Clancy Mitchell: Introduces himself to the Board as the new CHP Commander replacing Erik Liband. He has lived in Lassen County for 11 years working in several areas of the County; looks forward to working with the Board.
2) City of Susanville Fire Chief Stu Ratner: Thanks the Board for their support with fire service issues during the past 30 plus years that he has served; December 30 is his last day with the department. He will be moving down to Chico to be with family but will come back to visit from time to time. Supervisor Chapman: Notes there will be a retirement party in January for Chief Ratner and would like the Board to present him with a proclamation. The Board thanks Chief Ratner for his service.
3) Office of Emergency Services Chief Chip Jackson: Reports on Secretary of Agriculture’s November 13, 2009 declaration of Lassen County as a primary disaster area for drought with our contiguous counties; notes that opens up several programs to small family ranches for small business loans, etc. Presents further information.
4) Judy Robinson (resident of Westwood): Reports the Board of Supervisors gave an extension to Linda Hansen on July 14, 2009 to clean up property (463-850 Parkwood Drive, Pinetown) until August 26; it has not been done. Notes Ms. Hansen moved to 210 Third Street (corner of Birch) and that property now has the same problem. Requests the Supervisors find out why this has not been taken care of and when it will be cleaned up. Supervisor Pyle asks CAO Ketelsen to look into this matter.
5) Chairman Keefer: Reads Poet Laureate Violet Stout’s poem titled “It’s Christmas”.
UNAGENDIZED BOARD REPORTS: Supervisor Chapman: 1) Discusses family visit in Tennessee. 2) Attended December 14 Mental Health Advisory Board meeting; impressed with citizen participation. Presents further information. 3) Designates the following from his discretionary funds: $1,000 to the Lassen Library District and $500 for the Lassen Humane Society.
Supervisor Hanson: 1) Reports on Pups on Parole program; it was reported at Citizens Advisory Committee (CAC) meeting that 119 dogs have been adopted. 2) Attended Air Board meeting December 8; addressed open burning, smoke management plans. Big Valley Power’s permit is in place; everything is going well there. 3) Herlong Public Utility District (HPUD) delivered fresh water to Local Reuse Authority (LRA) buildings, Rancheria housing project and Ft. Sage Unified School System; notes that is a monumental step for South County. 4) Reports on December 14 CAC meeting at California Correctional Center (CCC). Reports on their community donations and services; noting they do a good job in participating within the community. Discussion held on staffing and overtime becoming an issue. 5) Presents information on Lassen County Local Agency Formation Commission (LAFCo) meeting attended December 14; held discussion on agencies providing services outside their district boundaries; the primary focus was the natural gas program provided by the City; will continue to have discussions. 6) Local Conservationist CeCe Dale-Cesmat is organizing a Susan River Watershed Restoration program to include all federal agencies and local agriculture people.
Supervisor Dahle: Will attend Regional Council of Rural Counties (RCRC) meeting December 16.
Supervisor Keefer: Reports on email received stating Shasta County received information from Shasta Trinity National Forest that the Regional Forester will not allow Off Highway Vehicles (OHV) on Maintenance Level 3 Roads. Lassen National Forest’s review process is not at that point yet but they could hear the same thing. Lassen County had asked that OHV be allowed on Maintenance Level 3 and 4 roads; that will be an issue.
CONSENT CALENDAR
ACTION: Take the noted action on the following Consent Calendar items:
MOVED BY: Hanson SECONDED BY: Dahle UNANIMOUS: Yes
HEALTH & SOCIAL SERVICES ITEM - COMMUNITY SOCIAL SERVICES / IN-HOME SUPPORTIVE SERVICES
ACTION: Approve First Amendment to Agreement with Lassen County Sheriff's Department for Fiscal Years 2008 through 2010, and authorize the CAO to sign.
PUBLIC WORKS DEPARTMENT ITEMS
SURVEYOR DIVISION - PARCEL MAP, HAMMOND
ACTION: Adopt Resolution No. 09-065 approving Parcel Map #2009-062, Hammond.
SURVEYOR DIVISION - PARCEL MAP, LEE
ACTION: Adopt Resolution No. 09-066 approving Parcel Map #2008-003, Lee.
SURVEYOR DIVISION - PARCEL MAP, MAYDOLE
ACTION: Adopt Resolution No. 09-067 approving Parcel Map #2009-027, Maydole.
SURVEYOR DIVISION - PARCEL MAP, PALMER
ACTION: Adopt Resolution No. 09-068 approving Parcel Map #2005-150, Palmer.
MISCELLANEOUS CORRESPONDENCE ITEMS
ACTION: Receive and file the following correspondence:
a. Lassen County Air Pollution Control District Governing Board meeting agenda for December 8, 2009.
b Local Agency Formation Commission (LAFCo) of Lassen County meeting agenda for December 14, 2009.
PROCLAMATION
ACTION: Adopt Proclamation recognizing Beth Hyde, Director of Child Support Services on her retirement from Lassen County.
MOVED BY: Chapman SECONDED BY: Dahle UNANIMOUS: Yes
RECOGNITION COMMITTEE
Chairman Keefer makes the following presentations for years of service:
10 Year Award: Yvonne Hawkes (LassenWORKS).
20 Year Awards: Dan Douglas (Public Works/Transportation); Melody Brawley (Community Social Services and LassenWORKS) and Robin Jones Dowdy (Child Support Services).
Retirement: Beth Hyde (Child Support Services).
Recess 10:27 a.m. – 10:32 a.m. Supervisor Hanson enters at 10:34 a.m.
PUBLIC WORKS DEPARTMENT - SUSANVILLE VETERANS MEMORIAL BUILDING
SUBJECT: Use of Susanville Veterans Memorial Building by Lassen County Best of Broadway for the Year 2010 Theatrical Production.
ACTION REQUESTED: 1) Consider a special long term use fee for use of the Susanville Veterans Memorial Building (SVMB) for a special event by the Lassen County Best of Broadway's (B of B) 2010 theatrical production.
2) Accept long term use fee upon conclusion of event.
3) Utilize currently adopted short term Application and Use Agreement and User Responsibilities for special event use.
4) Allow short term use in lieu of cleaning/security deposit exception for B of B event.
Deputy Public Works Director for Facilities Peter Heimbigner: Presents staff report on agenda request; this is the eleventh year B of B has used the SVMB for their annual production. The SVBM Task Force recommends a reduced fee based on operational costs of the building, some administration overhead costs and actual hours of use of the facility, with fee collected post event. Presents further details.
ACTION: 1) Consider a special long term use fee for use of the Susanville Veterans Memorial Building (SVMB) for a special event by the Lassen County Best of Broadway's (B of B) 2010 theatrical production.
2) Accept long term use fee upon conclusion of event.
3) Utilize currently adopted short term Application and Use Agreement and User Responsibilities for special event use.
4) Allow short term use in lieu of cleaning/security deposit exception for B of B event.
Discussion is held.
MOVED BY: Chapman SECONDED BY: Dahle UNANIMOUS: Yes
ECONOMIC DEVELOPMENT / HOUSING DEPARTMENT - RESOLUTION
SUBJECT: Resolution to California Energy Commission (CEC) for a Cost-Effective Energy Efficiency Project.
ACTION REQUESTED: Adopt resolution.
Director of Economic Development Director / Housing and Air Pollution Control District Officer Joe Bertotti: Presents information regarding energy grant money that would be available through the American Recovery and Reimbursement Act (ARRA); notes the Alliance for Workforce Development also came to the Board regarding this grant. Notes a $20,000 grant from the California Energy Commission would be available for projects presented. Presents further information on two proposed resolutions presented in agenda packet.
Discussion is held.
Supervisor Chapman: Notes concerns from Traci Holt of Alliance for Workforce Development (AFWD) with Alternate 2 presented in packets. Suggests continuing the discussion to hear from the AWFD.
ACTION: Continue further discussion to the next meeting.
COUNTY COUNSEL – AGREEMENT
SUBJECT: Assumption of Development Agreement by and between County of Lassen and current owners of the property, Dyer Management, LLC.
ACTION REQUESTED: Either:
1) Approve "Assumption of Development Agreement" and authorize Chairman to sign on behalf of Lassen County; or
2) Not approve "Assumption of Development Agreement" and give direction to staff.
County Counsel Settlemire: Presents information on staff report and history of project. Representatives of the new owners are present; notes negotiations regarding the Assumption Agreement were handled by Special Counsel Rick Crabtree, also present. The Assumption Agreement is an agreement by the new owners to assume the duties and responsibilities of the developer of the project.
(CAO Ketelsen is absent briefly at 10:57 a.m.)
Michael Choo (authorized representative of Dyer Management, LLC): Is present to answer any questions the Board may have regarding the Assumption of the Development Agreement and the project. Notes they have been moving forward to assume responsibilities of the developer as new equity owners; want to protect the County from any of the potential litigation that has followed the property from previous owners. Trying to move forward to assume the responsibilities and pay for any legal bills the County has assumed in terms of the Development Agreement as well as additional costs, including making the escrow fund to protect against litigation whole as part of the Development Agreement. Notes the first priority is to obtain the Development Agreement, reimburse the County for any litigation costs it has assumed; is fully aware of the tax burden; after the Development Agreement is assumed, will work out plan that will be presented to the County in terms of a time table to bring the taxes current. Assures the Board there is no connection between previous equity sponsors and current equity sponsors. Presents additional information.
Supervisor Chapman: States concerns; and notes that as part of a good faith effort, the Assumption Agreement should reflect the fact there is outstanding tax burden, quantify the dollar amount and intent of the company to work out an acceptable arrangement for its eventual retirement within a reasonable time period. Feels that would make the agreement a lot more palatable to consider and that it should be incorporated into the working document that will be recorded; notes he does appreciate Mr. Choo’s comments.
Steve Robinson (President, Mountain Meadows Conservancy Board): States concerns regarding money owed the County; suggests the County get money before signing anything.
Ian Kanair (Executive Director, Mountain Meadows Conservancy): Addresses an earlier reference to drought conditions and diminished snow pack; thinks Lassen County should consider the environmental climate has changed since the original Development Agreements were contemplated. With the stay being lifted on the bankruptcy court, thinks this is a good time and opportunity for the County to not rush into just perpetuating the original development agreements. Encourages the board to strongly consider acting on option #2 to not sign the agreement at this time and direct staff to try and facilitate some kind of settlement among the parties that could address everyone’s concerns.
Discussion is held regarding the need to having some additional language in the Assumption Agreement regarding a plan for the payment of taxes.
County Counsel Settlemire: Notes he received information from Counsel Bill Abbott, representing the current owners of the property, indicating the version of this Assumption of Development Agreement that was part of the packet was approved by his client. While it is difficult to start working on amendments on something that has been approved and that Legal Counsel is not available to review, it is possible to suggest some language and approve it subject to their approval.
Special Counsel Crabtree: Suggests putting a provision in the agreement that requires a written plan be submitted within a time certain; not to bring the taxes current but to present a plan.
County Counsel Settlemire: Suggests adding the following paragraph to the agreement: “Within six months Dyer Management will present a written plan to the County for the payment of delinquent real property taxes”.
Further discussion is held.
ACTION: Approve "Assumption of Development Agreement" and authorize Chairman to sign on behalf of Lassen County with additional language inserted .
MOVED BY: Pyle SECONDED BY: Hanson UNANIMOUS: No
AYES: Keefer, Pyle, Dahle, Hanson ABSTENTIONS: None
NOES: Chapman ABSENTEES: None
INFORMATION FOR THE BOARD
CAO Ketelsen: Reports on letter from Nor-Cal EMS (in Passaround file); counties are trying to get more representation with Nor-Cal EMS; will be negotiating with other CAOs and Nor-Cal EMS and will keep Board advised. 2) Presents update on water monitoring bill; notes there is not as much urgency as first reported. 3) Reports Mountain Lifeflight has made arrangements for temporary coverage and working on full time solution.