SUMMARY MINUTES
BOARD OF SUPERVISORS
707 NEVADA STREET, SUSANVILLE
SEPTEMBER 22, 2009
CLOSED SESSION:
9:05 A.M. CALL TO ORDER
PRESENT: Supervisors Lloyd Keefer, Bob Pyle, Jim Chapman (arrives at 9:23 a.m.), Brian Dahle and Jack Hanson; County Counsel Craig Settlemire, Senior Deputy County Counsel Traci Witry (leaves at 9:20 a.m.), Attorney Richard Crabtree, County Administrative Officer (CAO) John Ketelsen, Chief Planner Maurice Anderson and Deputy Clerk of the Board Baden Falkowski.
PUBLIC COMMENT: None
ANNOUNCEMENT OF CLOSED SESSION: 1) Conference with Legal Counsel: Significant exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9. 2) 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. 3) Conference with Legal Counsel: pending litigation pursuant to Subdivision (a) of Government Code Section 54956.9: Pending litigation – County of Lassen v. Ken Jorn & Buzz McLaughlin, Case No. JD49366. Closed session ends at 10:02 a.m.
10:05 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 Baden Falkowski reports the Closed Session dealt with 1) Conference with Legal Counsel: Significant exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9 - No reportable action taken. 2) 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. 3) Conference with Legal Counsel: pending litigation pursuant to Subdivision (a) of Government Code Section 54956.9: Pending litigation – County of Lassen v. Ken Jorn & Buzz McLaughlin, Case No. JD49366 - No reportable action taken.
AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS: Supervisor Chapman requests the meeting be adjourned in memory of Pat Devlyne. Supervisor Keefer requests that the meeting also be adjourned in memory of Teddy David Wylie.
ACTION: Approve agenda with noted changes.
MOVED BY: Hanson SECONDED BY: Dahle UNANIMOUS: Yes
PUBLIC COMMENT: Deputy CAO for Health and Social Services (HSS) Kevin Mannel: Informs the board that 1) the Mental Health Services Act Capital Improvement and Information Technology (IT) Plan which has been in development for about a year is going through the process to receive $788,000 of earmarked funding for capital improvements primarily for a) a heating and air conditioning unit for the One Stop in Herlong, b) schematic and floor plans for Westwood and c) Big Valley. 2) Presents a public awareness update on H1N1, states the County has received an allocation notice of $250,000 to target focus areas and should be receiving an additional augmentation. 3) A Hospital Pandemic Preparedness (HPP) Grant Application is planned to be submitted to the State by October 1st, it is for a 3 year grant that would make $150,000 available per year for HPP. 4) Drive through flu vaccinations (seasonal flu only) will be available at Jenson Hall, 600 hundred vaccinations are expected to be given, with 900 available. The drive through vaccination clinic is also beneficial in preparing the county for mass vaccinations, should they ever become necessary.
UNAGENDIZED BOARD REPORTS:
Supervisor Pyle: Designates the following from his discretionary funds: $250 to the Westwood Museum. Supervisor Dahle: 1) Will be attending the upcoming Regional Council of Rural Counties (RCRC) and the Sierra Nevada Conservancy meetings. 2) Met with seniors in the northern part of the County, along with Pat Cantrall, Shorty Crabtree, Dave Bradshaw and most of the Lassen Senior Services Board. The concerns of the seniors were heard and will be relayed to the Planning and Service Area – Area Agency on Aging (PSA2) to help resolve some of the issues raised. There was also some talk about creating a sub-board in Bieber to help handle concerns in the area. Supervisor Hanson: 1) Attended annual “Economic Report” at California State University (CSU) Chico. 2) Informs the Board that John Ketelsen and Craig Settlemire met with Everd McCain and a representative from the Standish-Litchfield Fire Department in order to cover what needed to be done to complete the annexation of the Belfast area. 3) Also sat in on meeting with John Ketelsen, Craig Settlemire, Lloyd Keefer and a representative from the Sierra Sportsmen Club about the shooting range at Rice Canyon. Currently in the process of getting the lease renewed; the agreements will need to be approved by the Board, and he would like to see this issue on the agenda for the next scheduled meeting. Supervisor Chapman: 1) Notifies the board that Mark Totten’s appointment as a public member to the Lassen County Air Pollution District Hearing Board has expired and he will not be seeking another term. 2) Comments on news reports about small communities honoring those who are in active military duty; designates $500 from his discretionary funds to the Blue Star Moms.
Supervisor Keefer: Along with Supervisor Hanson, met with Senator Dave Cox to discuss the Highway User Tax Account (HUTA) repayment plan and Prop 1A securitization issues. 2) Requests that a Proclamation honoring Erik Liband for his services be placed on the agenda for the Oct. 6th meeting.
CONSENT CALENDAR
Supervisor Keefer request that item G7 Office of Emergency Services agreement be removed from consent for discussion.
ACTION: Take the noted action on the following Consent Calendar items:
MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes
AUDITOR & TREASURER DEPARTMENTS ITEM - REPORT
Receive and file Treasurer's Fund Balance Report and Auditor's verification for the month of August, 2009.
PUBLIC WORKS DEPARTMENT ITEM - ROADS DIVISION
Adopt resolution No. 09-054 “Establishing Pledge of Revenue for Financial Assurance on the Ray Herrington Pit To Satisfy Requirements Of Section 2773.1 Public Resources Code For Financial Assurances To Reclaim Open Pit Mines” on the Ray Herrington Pit, Mine ID # 91-18-0001, in the amount of $130,559.40.
PUBLIC WORKS DEPARTMENT ITEM - ROADS DIVISION
Approve execution of Service Contract No. 75LX121 with Caltrans Division of Rail for the improvements to Mooney Road (County Road A-21) railroad crossing and adopt Resolution No.09-055 authorizing Chairman to execute and sign Service Contract No. 75LX121.
PUBLIC WORKS DEPARTMENT ITEM - ROADS DIVISION
Authorize the Public Works Department to proceed with the repair of a 1978 Caterpillar 130-G Motor Grader (M-3) with the purchase of the engine and other related parts from Cashman Equipment Company, Sparks, NV in the amount of $20,078.02.
SHERIFF'S DEPARTMENT ITEM - VEHICLE REPLACEMENT
Authorize purchase of one new Ford Crown Victoria Police Interceptor fleet replacement vehicle (CMAS 1-09-23-14) in the amount of $26,933.34 to replace an existing fleet vehicle that was damaged beyond repair. This purchase will come from the Budget fund No.180-1801-3006200.
TREASURER/TAX COLLECTOR ITEM - REPORT
Receive and file Treasurer's Investment Report for June, 2009.
OFFICE OF EMERGENCY SERVICES - AGREEMENT
SUBJECT: Update to the Lassen County-Cal Fire Mutual Aid Agreement.
Supervisor Keefer: Asks County Counsel a question about Exhibit A of the agreement. Wants to know it the wording having to do with the use of Calfire’s fire equipment for up to 24 hours at the County Landfills and Transfer Stations is appropriate, since there is already a Solid Waste Management Authority that oversees those facilities. County Counsel Settlemire: Addresses that point, says that sentence may be a carry over from previous wording. Emergency Services Officer Chip Jackson: States that the sentence was wording that was carried over and that Calfire would not object to that wording being removed. County Counsel Settlemire: Suggests approving agreement with stated sentence being deleted.
ACTION: Approve agreement with noted change of deleted sentence and authorize Chairman to sign.
MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes
U.S. FOREST SERVICE - LASSEN NATIONAL FOREST COMMUNITY LIAISON HEIDI PERRY-MCCOURT
SUBJECT: Resource Advisory Committee (RAC) Project Update.
Lassen National Forest Community Liaison Heidi Perry-McCourt: Updates the Board on RAC grants and the challenges caused by the fire season. Some grants were delayed, the County Agricultural Commissioner completed 85% of projects and the Tribal Youth Crew completed 90%. The grant to award was received from U.C. Davis on the Eagle Lake Trout restoration. Bids are now being received for the installation of a camcorder at Eagle Lake. The Access and Travel Management Environmental Impact Study (EIS) will be going to the Regional Office for review the first week of October and recreational surveys will be starting up soon. Following the updates, discussion is held on the damage caused by the fire in the Hat Creek area.
COMMUNITY DEVELOPMENT DEPARTMENT - BUILDING DIVISION
SUBJECT: Amendment to extend the term of the Memorandum of Understanding (MOU) with Lassen County and Spalding Community Services District.
CAO Ketelsen: Informs the Board that the amendment is to extend the agreement to 2011, it also specifies who will be performing inspections for the District.
ACTION: Approve amendment.
MOVED BY: Pyle SECONDED BY: Dahle UNANIMOUS: Yes
COMMUNITY DEVELOPMENT DEPARTMENT - BUILDING DIVISION
SUBJECT: Amendment of the fee apportionments within the Memorandum of Understanding (MOU) with Lassen County Environmental Health and Lassen County Planning Department.
Lassen County Building Official Steve Fuller: Reports that the MOU is between the Environmental Health Department and the Planning Department is in regards to fee apportionments for well and septic permits. Previously, there has been no administrative fee allocated by the Planning Department. This MOU divides fee apportionments with 70% going to Environmental Health and 30% going to the Planning Department to help cover administrative costs associated with the permits.
ACTION: Approve amendment.
MOVED BY: Pyle SECONDED BY: Dahle UNANIMOUS: No
AYES: Keefer, Pyle, Dahle, Hanson ABSTENTIONS: None
NOES: Chapman ABSENTEES: None
INFORMATION FOR THE BOARD
CAO Ketelsen: Informs the Board that SB 65 has not yet been acted on, the County is currently proceeding as though it had been enacted. The County is proceeding with the Proposition 1A securitization of the 8% property tax that is being taken by the State, on the assumption that the legislation will pass and the County will be able to participate in a bond sale. The bond documents are being prepared by California Communities, with a bond issue date of November 6, 2009.
Also, there is a bill ABx3 33 that could pass; it would preempt local government from permitting photovoltaic installations over 50 Mega Watts. Discussion is held, an updated briefing will be given when more information is available.
Discussion is then held on the Williamson Act; contact information for constituents is requested by the Board so they can be notified of the upcoming discussion on the matter.
ADJOURNMENT IN MEMORY
There being no further business, the meeting is adjourned at 10:55 a.m. in memory of Pat Devlyne and Teddy David Wylie and continued to 9:30 a.m. October 6, 2009.
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Chairman of the Board of Supervisors
ATTEST:
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Baden Falkowski, Deputy Clerk of the Board