Board of Supervisors s5

SUMMARY MINUTES

BOARD OF SUPERVISORS

707 NEVADA STREET, SUSANVILLE

APRIL 12, 2011

9:01 A.M. CALL TO ORDER

PRESENT: Supervisors Jim Chapman, Bob Pyle, Larry Wosick, Brian Dahle and Jack Hanson; County Counsel Rick Crabtree, County Administrative Officer (CAO) Tom Stone and Deputy Clerk of the Board Susan Osgood. Treasurer / Tax Collector Richard Egan and Lassen County Surveyor Bradley Danielson are present 9:01 a.m. – 9:22 a.m. Planning and Building Services Director Maurice Anderson is present 9:01 a.m. – 9:28 a.m. Closed session adjourns 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: John Mallery v. County of Lassen, et al, Superior Court, County of Lassen, Case No. 50751.

2) Conference with Labor Negotiator Tom C. Stone: May include the following bargaining units - a) Lassen County Peace Officers Assn. Supervisors Unit (LCPOASU), b) Lassen County Peace Officers Assn. Management Unit (LCPOAMU).

3) Employee performance evaluation: County Administrative Officer Tom Stone.

4) Public Employee Discipline/Dismissal/Release.

9:45 A.M. OPENING CEREMONIES: Following the flag salute, the invocation is offered by Supervisor Dahle.

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: John Mallery v. County of Lassen, et al, Superior Court, County of Lassen, Case No. 50751- No reportable action taken.

3) Employee performance evaluation: County Administrative Officer Tom Stone- No reportable action taken.

4) Public Employee Discipline/Dismissal/Release - No reportable action taken.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

Supervisor Dahle requests the meeting be adjourned in memory of Helen Graham and Wallace “Gene” Bidwell.

ACTION: Approve agenda with changes.

MOVED BY: Hanson SECONDED BY: Pyle UNANIMOUS: Yes

PUBLIC COMMENT: Bill Feierabend (Resident): Reads a letter he previously submitted to the Lassen County Times regarding the need for a community pool; has offered to donate $10,000 to the construction of a pool at the old Roosevelt pool location. Challenges the community to join him and contribute their money and labor to build a new indoor pool. Discussion is held.

Matt Shepphird (Lassen County Road Department): Questions how the Board can consider an agenda item for an increase for some employees for taking on more of a workload when Lassen County employees just took cuts in their salary and retirement. Chairman Chapman: Notes there will be a presentation on this agenda item later in the meeting; invites Mr. Shepphird to stay and hear that item.

Poet Laureate Violet Stout: States there is no such thing as a State Bar Association of California; has information to that effect.

PUBLIC HEARING - PLANNING - APPEAL BY W. M. BEATY & ASSOCIATES ON BEHALF OF RED RIVER FOREST PARTNERSHIP - USE PERMIT #2011-003.

SUBJECT: Appeal, filed by W. M. Beaty & Associates on behalf of Red River Forest Partnership, of the Planning Commission's disapproval of Use Permit #2011-003 for the establishment of a temporary 197 foot (60 meter) tall meteorological tower (wind and solar data collection device). Said tower will be removed no later than five years form the date of approval (if approved). The project is exempt from California Environmental Quality Act (CEQA) under Sections 15306 of the Guidelines and is located approximately 2.5 miles past the pavement on Gold Run Road, approximately seven miles southwest Susanville.

ACTION REQUESTED: 1) Conduct a public hearing to consider the appeal; and

2) Render a decision for the appeal within 60 days of the filing of the appeal.

The Public Hearing is opened at 10:15 a.m.

Planning and Building Services Director Maurice Anderson: Notes there is an error in the agenda packets; presents correct information for Gold Run Road. Presents staff report regarding Use Permit for establishment of temporary meteorological tower for data collection.

SPEAKERS: Forester Jeff Pudlicki (W. M. Beaty & Associates).

The Public Hearing is closed at 10:24 a.m. Discussion is held.

ACTION: Approve the appeal and approve the project for Use Permit #2011-003 for establishment of a meteorological tower.

MOVED BY: Hanson SECONDED BY: Pyle UNANIMOUS: Yes

PUBLIC HEARING - PLANNING

SUBJECT: Annual Progress Report of the 2009/2014 Lassen County Housing Element of the Lassen County General Plan. Government Code Section 65400 requires each governing body (Lassen County Board of Supervisors) to prepare an annual report on the status of the 2009/2014 Lassen County Housing Element Update.

ACTION REQUESTED: 1) Receive report.

2) Direct staff to forward the Annual Progress Report of the 2009/2014 Lassen County Housing Element to the California Department of Housing and Community Development.

The Public Hearing is opened at 10:33 a.m.

Planning and Building Services Director Maurice Anderson: Presents information on Lassen County Housing Element update.

The Public Hearing is closed at 10:36 a.m.

ACTION: Approve report and direct staff to forward to the California Department of Housing and Community Development.

MOVED BY: Hanson SECONDED BY: Pyle UNANIMOUS: Yes

UNAGENDIZED REPORTS BY BOARD MEMBERS
Supervisor Pyle: Presents information on discussion held April 5 with Bureau of Land Management (BLM) Field Manager (Eagle Lake Field Office) Ken Collum and Public Affairs Officer Jeff Fontana regarding their stand on the Bly Tunnel. Will have an item on a May agenda for discussion. Asks a letter be sent to State Water Control Board asking for clarification on a letter from them dated in 2009.

Supervisor Hanson: Attended Lassen County Local Agency Formation Commission (LAFCo) meeting April 11; there was interesting budget discussion.

Supervisor Dahle: States he has scheduled a Williamson Act subcommittee meeting for the afternoon of May 17.

Supervisor Wosick: 1) Reports on bowling fundraiser the Board participated in for the Soaring Eagle Blue Star Moms for their welcome sign. 2) Reports on good economic development at the Honey Lake Motocross Park event last weekend. 3) LAFCo was an informative meeting.

Supervisor Chapman: 1) Reports on Soaring Eagle Blue Star Moms fundraiser; 14 new banners have been installed on Main Street. 2) Attended a City Council meeting; CAO Stone did a good job making presentation on the pool. Notes the funding under Prop 84 is not suited for the pool project; the site is not eligible and funding for maintenance is precluded. Discusses the City’s proposed project. CAO Stone also participated in KSUE’s Viewpoint program. 4) Reports on LAFCo meeting and discusses budget. 5) Notes today is the 150th anniversary of the opening shots at Fort Sumter that launched the American Civil War.

SUPERVISOR WOSICK

SUBJECT: Discussion regarding Code Enforcement of Lassen County Code Chapter 1:19 regarding the prohibition of open storage of non-operable and/or unlicensed vehicles and parts of vehicles.

ACTION REQUESTED: Discuss and possibly direct staff regarding: 1) selective enforcement; 2) race cars; and 3) letter from Douglas Sykes.

Supervisor Wosick: Brings this complaint to the Board’s attention and would like to address County policy more formally at a later date. Questions what initiates code enforcement; what rules are for staff being on private property; would like information on keeping race cars; would like to know what records are kept on code enforcement letters that are sent and the overall policy.

SPEAKERS: Douglas Sykes.

CAO Stone: Reports Planning Director Anderson will be scheduling this discussion in May.

CONSENT CALENDAR

ACTION: Take the noted action on the following Consent Calendar items:

MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes

COUNTY CLERK ITEM - MINUTES

ACTION: Approve Minutes of March 15, 2011 and March 22, 2011.

ADMINISTRATIVE SERVICES ITEM - PERSONNEL SERVICES

ACTION: Approve the job description for Temporary Criminal Investigator.

BOARD OF SUPERVISORS ITEM - EXPENDITURES

ACTION: Approve

1) Request by Supervisor Pyle to designate $200 to the Lassen County Humane Society to be used locally. (March 22, 2011)

2) Request by Supervisor Pyle to designate $500 to the Richmond School Community Association. (March 22, 2011)

3) Request by Supervisor Hanson to designate $500 to Leavitt Lake Community Services District in support of their park efforts. (March 22, 2011)

PLANNING AND BUILDING SERVICES ITEM - REGION ACCEPTANCE PROCESS (RAP)

ACTION: Adopt Resolution No. 11-013 directing staff to submit a "Region Acceptance Process" (RAP) to the Department of Water Resources pursuant to a March 1, 2011, Memorandum of Understanding between the County of Lassen, City of Susanville, Honey Lake Valley Resource Conservation District and Lassen Irrigation Company.

SHERIFF'S DEPARTMENT ITEMS
PLAN

ACTION: Authorize participation in the 2011 Controlled Substance Operation Plan with the Lassen National Forest and authorize the Chairman of the Board and Sheriff Growdon to sign the operation plan.

PURCHASE

ACTION: Authorize the purchase of 16 Motorola hand-held public safety radios off the County of San Diego Contract #43095 in the amount of $19,885 (from the OES Special Appropriation Fund #136-0661-3002800). To be reimbursed from the 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant. This purchase is on phase of the Sheriff's conversion from wide-band to narrow-band radios as required by the Federal Communications Commission (FCC) and the California Public Safety Communication Act of 2002.

SPECIAL APPROPRIATION ACCOUNT

ACTION: Establish the Sheriff's Special Appropriation Account in the amount of $5,000, as defined in section 29430 of the California Government Code, for: expenses incurred in criminal cases arising in the County, expenses necessarily incurred in the preservation of peace, expenses necessarily incurred in the suppression of crime. That the account be a separate checking account outside the county treasury. That the initial deposit for the account comes from within the existing Sheriff's Budgets in the following amounts: $1,750 from 130-0522-3002900; $1,750 from 130-0525-3002900; $1,500 from 130-0524-3002900.

PRISON TRIAL COSTS ITEMS - PRISON TRIAL COSTS REIMBURSEMENT PROGRAM ITEMS

ACTION: Receive and file Recap of CC Prison and High Desert State Prison Trials Cost Reimbursement Billing for July 2010 through March 2011.

MISCELLANEOUS CORRESPONDENCE ITEMS
ACTION: Receive and file the following correspondence:

a. Lassen County Planning Commission meeting agenda for April 6, 2011.

b. Lassen County Alcohol and Drug Advisory Board meeting for April 11, 2011 and Minutes of February 28, 2011.

c. Susanville City Council, Susanville Community Development Agency, Susanville Municipal Energy Corporation and Susanville Public Financing Authority meeting minutes of February 2, 2011, Special Meeting minutes of February 15, 2011, Notice of Special Meeting for March 23, 2011 and agenda for April 6, 2011.

d. Planning and Service Area 2 Area Agency on Aging (PSA 2 AAA) public notice and agenda of Advisory Council Meeting - Conference Call to be held March 25, 2011 and cancellation notice for April 4, 2011 Executive Board meeting.

e. Lassen County Mental Health Advisory Board meeting agenda for April 11, 2011.

f. Lassen County Technical Advisory Committee meeting agenda for April 13, 2011.

g. Lassen Local Agency Formation Commission (LAFCo) meeting agenda for April 11, 2011.

h. Big Valley Newsletter dated April, 2011.

ADMINISTRATIVE SERVICES - PERSONNEL SERVICES

ACTION: 1) Approve Lassen County Peace Officer Management Association Memorandum of Understanding Addendum for 2010/2011; and

2) Approve Lassen County Peace Officer Supervisor Association Memorandum of Understanding Addendum for 2010/2011.

MOVED BY: Dahle SECONDED BY: Wosick UNANIMOUS: Yes

HEALTH & SOCIAL SERVICES - ALCOHOL AND OTHER DRUG

ACTION: Receive report on Alcohol and Drug Prevention Update.

Prevention Specialist Kathy Oberst: Presents report to the Board. Displays proposed road signs for prevention of teen drinking and driving. Discussion is held.

PUBLIC WORKS DEPARTMENT - ORDINANCE

ACTION: Introduce, by title only, Ordinance No. 2011-002 modifying speed zone signs.

Discussion is held. The Board requests County Counsel Crabtree bring a legal analysis on speed control law to the Board.

SPEAKERS: Lassen County Sheriff Dean Growdon; California Highway Patrol (CHP) Public Information Officer Sam Glucklich.

MOVED BY: Pyle SECONDED BY: Dahle UNANIMOUS: No

AYES: Pyle, Wosick, Dahle, Hanson ABSTENTIONS: None

NOES: Chapman ABSENTEES: None

SHERIFF
RESOLUTION

ACTION: Adopt Resolution No. 11-014 establishing a records retention policy for the Sheriff's Office pursuant to Chapter 13 of the California Government Code.

MOVED BY: Pyle SECONDED BY: Dahle UNANIMOUS: Yes

RESOLUTION

ACTION: Adopt Resolution No. 11-015 enacting Title 8 of the California Penal Code to allow for the medical testing of prisoners and/or arrestees for AIDS, HIV and hepatitis under specific conditions.

MOVED BY: Hanson SECONDED BY: Pyle UNANIMOUS: Yes

COUNTY CLERK - MINUTES

ACTION: Approve Minutes of September 21, 2010.

MOVED BY: Hanson SECONDED BY: Dahle UNANIMOUS: No

AYES: Chapman, Pyle, Dahle, Hanson ABSTENTIONS: Wosick

NOES: None ABSENTEES: None

COUNTY ADMINISTRATIVE OFFICE
APPOINTMENT

ACTION: Appoint Craig Hemphill to serve as Interim Agricultural Commissioner due to the departure of Jim Donnelly.

MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes

LETTER

Supervisor Hanson: Presents information regarding abandonment letter to retain the right of way and keep tracks in place. Discussion is held.

SPEAKERS: Honey Lake Power Manager Ralph Sanders.

ACTION: Approve Wendel to Flanigan Railroad Abandonment letter and authorize Chairman to sign.

MOVED BY: Hanson SECONDED BY: Dahle UNANIMOUS: Yes

PERSONNEL

SUBJECT: Personnel office reorganization.

ACTION REQUESTED: Receive presentation by the CAO of a proposed reorganization of the Personnel office and elimination of a position. Upon approval of the reorganization plan, Board will authorize an appropriation transfer between budget units and expanded duties for staff which will require new job descriptions and pay grades.

CAO Stone: Presents detailed information on options to reorganize the Personnel office or advertise the position of Personnel Director.

SPEAKERS: Matt Shepphird (Lassen County Road Department); Violet Stout.

Extensive discussion is held.

ACTION: Chairman Chapman: Requests the item be brought back to the Board at the next meeting with proposal received today, suggested budget adjustments and the contract amendment.

TRINDEL INSURANCE

SUBJECT: Presentation by Trindel Insurance.