Summary Minutes s2

SUMMARY MINUTES

BOARD OF SUPERVISORS

707 NEVADA STREET, SUSANVILLE

JULY 13, 2010

8:32 A.M. CALL TO ORDER

PRESENT: Supervisors Bob Pyle, Lloyd Keefer, Brian Dahle and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer (CAO) John Ketelsen, Personnel Director/Risk Manager Nicole Berry and Deputy Clerk of the Board Susan Osgood. Supervisor Jim Chapman enters at 8:55 a.m. Sheriff Steve Warren and Assistant Sheriff Dean Growden are present from 8:32 a.m. – 9:05 a.m. Negotiator Ron Vossler is present 8:32 a.m. – 9:32 a.m. County Counsel Settlemire, Personnel Director Berry and Deputy Clerk of the Board Osgood depart at 9:33 a.m. Closed session ends at 9:50 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: Lassen County Deputy Sheriff's Association, Grievant v. County of Lassen, C.S.M.C.S. Case #ARB-09-0086. 2) Conference with Legal Counsel: Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9: - one item. 3) Conference with Labor Negotiator John Ketelsen: May include the following bargaining units - a) Lassen County Peace Officers Assn. (LCPOA), b) United Public Employees of California (UPEC) c) Lassen County Road Workers Assn. (LCRWA), d) Management and Professional Association, e) Lassen County Peace Officers Assn. Supervisors Unit (LCPOASU), f) Lassen County Peace Officers Assn. Management Unit (LCPOAMU), g) Lassen County Deputy Sheriffs Association (LCDSA), h) Lassen County Management Association (LCMA).

4) Employee performance evaluation: County Administrative Officer John Ketelsen and County Counsel Craig Settlemire. 5) Claims - Claim of Gary Hackworth presented June 8, 2010.

9:52 A.M. OPENING CEREMONIES: Following the flag salute, the invocation is offered by Supervisor Hanson.

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: Lassen County Deputy Sheriff's Association, Grievant v. County of Lassen, C.S.M.C.S. Case #ARB-09-0086 – No reportable action taken. 2) Conference with Legal Counsel: Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9: - one item - No reportable action taken. 3) Conference with Labor Negotiator John Ketelsen: May include the following bargaining units - a) Lassen County Peace Officers Assn. (LCPOA), b) United Public Employees of California (UPEC) c) Lassen County Road Workers Assn. (LCRWA), d) Management and Professional Association, e) Lassen County Peace Officers Assn. Supervisors Unit (LCPOASU), f) Lassen County Peace Officers Assn. Management Unit (LCPOAMU), g) Lassen County Deputy Sheriffs Association (LCDSA), h) Lassen County Management Association (LCMA) - No reportable action taken. 4) Employee performance evaluation: County Administrative Officer John Ketelsen and County Counsel Craig Settlemire - No reportable action taken. 5) Claims - Claim of Gary Hackworth presented June 8, 2010 – On a vote of 4 to 1, the Board rejected the claim. Notice of rejection to be given.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

Supervisor Keefer requests the meeting be adjourned in memory of Robert Darden.

ACTION: Approve agenda as changed.

MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes

PUBLIC COMMENT: Poet Laureate Violet Stout: Reads her poem titled “Heritage Stamp”.

UNAGENDIZED BOARD REPORTS: Supervisor Hanson: 1) Reports that on July 8 the Federal Correctional Institution (FCI) Herlong celebrated its five year anniversary; states their staff have been professional and a great pleasure to work with. 2) Reports on July 12 Transportation Commission meeting; new City Councilmember Cheryl McDonald was in attendance. Received new bus under Transit Agency. Approved charter rates for MB Transportation; notes there are difficulties with that which will be further examined. 3) Attended LAFCo meeting; they continue to do spheres of influence for fire departments. 4) Requests discussion be held on sprinkler requirements. CAO Ketelsen reports that is scheduled for the July 27 Board meeting.

Supervisor Dahle: 1) Will be attending NACo meeting in Reno July 16 and hopes to attend the July 20 Board of Supervisors meeting. 2) Notes he will be helping the Albaugh’s with the annual Star Gazers Party in Big Valley. 3) Reports there was a fire July 12 Bieber Creek on the Lassen County line; it was about 150 acres and is now contained. 4) Reports he got the chicken pox from his kids but is fine now.

Supervisor Keefer: 1) Reports on the Johnstonville Water System; feels the Board should follow up with official notice to Caltrans that we need to look at future options (Caltrans to accept responsibility or for the Board to increase rates to match the operating costs). 2) Strongly feels one of the Supervisors should file for the Forest Service Resource Advisory Committee (RAC) position. States he will be resigning from the RAC. Discussion is held. Supervisor Dahle agrees to apply for the position.

Supervisor Pyle: 1) Notes there is a Fair Board meeting that evening; Supervisor Chapman will attend. 2) The groundbreaking ceremony for the new Court facility will be held July 13 at 5:00 p.m. 3) There is a 6:00 p.m. Public Hearing July 13 regarding the assessment fee to be held at Susan River Fire Protection District at the Johnstonville station.

Supervisor Dahle; 5) States that if the Covanta resolution is adopted today, he will make the presentation.

ADMINISTRATIVE SERVICES

AGREEMENT

SUBJECT: Office of Emergency Services Agreement with CALFIRE (California Department of Forestry and Fire Protection) of the State of California.

CAO Ketelsen: Presents staff report. Notes the grant was increased for this year so the general fund contribution is a little less; expects the actual costs to be considerably less. Believes this is the best arrangement; a few minor items remain to be corrected. Discussion is held.

ACTION: Adopt Resolution No. 10-026 approving an agreement with CALFIRE, State of California for the services of County Office of Emergency Services; approve agreement with noted changes and authorize the CAO to sign.

MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes

PSA 2 AREA AGENCY ON AGING - VACANCIES

SUBJECT: Vacancies on the PSA 2 Area Agency on Aging.

Deputy Clerk of the Board Osgood reports there are two vacancies on this board.

ACTION: Appoint Mandy Smith and Peggy Wood to fill vacancies.

MOVED BY: Chapman SECONDED BY: Keefer UNANIMOUS: Yes

ALCOHOL AND DRUG ADVISORY BOARD - VACANCIES

SUBJECT: Vacancies on the Alcohol and Drug Advisory Board.

ACTION: Appoint Hank Thompson to fill vacancy on the Alcohol and Drug Advisory Board.

MOVED BY: Keefer SECONDED BY: Dahle UNANIMOUS: Yes

STANDISH-LITCHFIELD FIRE PROTECTION DISTRICT - APPOINTMENT

SUBJECT: Request from Registrar of Voters to make appointment to the Standish-Litchfield Fire Protection District Board of Directors, due to insufficient nominees to place the office on the June 8, 2010 Primary Election Ballot.

ACTION: Appoint Dennis Cooley, the only person who filed a declaration of candidacy, to the Standish-Litchfield Fire Protection District Board in lieu of election as per Section 10515 of the California Elections code.

MOVED BY: Hanson SECONDED BY: Dahle UNANIMOUS: Yes

CONSENT CALENDAR

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

MOVED BY: Hanson SECONDED BY: Keefer UNANIMOUS: Yes

COUNTY CLERK ITEMS - MINUTES

ACTION: Approve Minutes of June 22, 2010.

REGISTRAR OF VOTERS

ACTION: 1) Receive and file the Certified Statement of Results for the June 8, 2010, Statewide Primary Election as per Section 15372 of the California Elections Code; and 2) Declare the results as per Election Code Section 15400.

HEALTH & SOCIAL SERVICES ITEM - PUBLIC HEALTH

ACTION: Approve the California Department of Public Health Standard Agreement for the Immunization Assistance Program (IAP) #10-95377 for FY 2010/11 and authorize the CAO to sign.

PROBATION DEPARTMENT ITEMs - AGREEMENTS

ACTION: Approve the agreements between Lassen County with Plumas County and Modoc County for placements in Juvenile Hall and authorize Chief Probation Officer to sign. The agreement with each county specifies a per diem rate of $110 for each 24-hour day payable to Lassen County in addition to any reimbursements for medical services, psychological services and education services.

AGREEMENT

ACTION: Approve the Space Available Agreement for FY 2010/2011 with Solano County Probation Department - Fouts Springs Youth Facility for placement of Lassen County youths with a juvenile court commitment to a camp and authorize the Chief Probation Officer to sign. The space available rate is $4,200 per month per ward.

TREASURER/TAX COLLECTOR ITEM - PROPERTY TAX SALE

ACTION: Review and approve claims for excess proceeds filed with the Lassen County Tax Collector pursuant to Revenue and Tax Code §4675 as follows:

PRISON TRIAL COSTS ITEMS - PRISON TRIAL COSTS REIMBURSEMENT PROGRAM ITEMS

ACTION: Receive and file Recap of CCC Prison and High Desert State Prison Trials Cost Reimbursement Billing for July 2009 through June 2010.

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

a. Lassen County Land Conservation Committee meeting agenda for June 29, 2010.

b. PSA 2 Area Agency on Aging Notice of June 25, 2010 Advisory Council Conference Call Cancellation and next Advisory Council Meeting for July 30, 2010.

c. Lassen County Planning Commission meeting agenda for July 7, 2010.

d. Big Valley Newsletter dated July, 2010.

e. Local Agency Formation Commission (LAFCo) of Lassen County meeting agenda for July 12, 2010.

ADMINISTRATIVE SERVICES

AGREEMENT

SUBJECT: Northern California Emergency Medical Services, Inc. (Nor-Cal EMS) Agreement for Local Emergency Medical Services.

ACTION: Appoint Supervisor Bob Pyle as a representative to the Nor-Cal EMS Inc. Board of Directors.

MOVED BY: Chapman SECONDED BY: Dahle UNANIMOUS: Yes

ACTION: Approve agreement designating Northern California EMS, Inc., as the Local EMS Agency for Lassen County and authorizing powers pursuant thereto and approve and authorize Chairman to sign agreement for the transfer of regional communication repeater equipment from Nor-Cal EMS to Lassen County.

MOVED BY: Keefer SECONDED BY: Hanson UNANIMOUS: Yes

AGREEMENT

SUBJECT: Economic Study - Nonrenewal of Williamson Act Contracts.

CAO Ketelsen: Presents staff report. Expects this study to be done by graduate students who are overseen by an economist and in conjunction with the Assessor, the Board and the CAO in an amount not to exceed $6,400. If the study is done differently it would cost a lot more money. Supervisor Chapman: Notes the problems with Chico State’s previous reports particularly concerning inmate population and current business; questions their capacity to do a good report based on those previous studies. Further discussion is held.

ACTION: Approve agreement with California State University, Chico, Center for Economic Development, Research Foundation for Economic Study of the Nonrenewal of Williamson Act Contracts and authorize the CAO to sign.

MOVED BY: Keefer SECONDED BY: Hanson UNANIMOUS: No

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

NOES: Chapman ABSENTEES: None

U. S. FOREST SERVICE - PUBLIC SERVICES OFFICER CHRIS O'BRIAN

SUBJECT: Off Highway Vehicle use on paved County and Forest Service roads.

ACTION REQUESTED: Take testimony and give direction to staff.

Public Services Officer Chris O’Brian: Notes the Forest Service is willing to discuss how they could accommodate Off Highway Vehicle use on paved County and Forest Service roads if people are willing to meet; but states they will not promote access across private lands without owner permission.

Kent Hatch: Had sent email to County staff. Notes his family has camped in Eagle Lake for 40 years; were disappointed to learn last year that they were no longer allowed to take OHV out of the campground without hauling them on trailers. Believes the California Vehicle Code 38026 allows multi-type vehicles to up to three miles on paved multiuse road with the approval of the California Highway Patrol (CHP). Distributes a map of the area; requests the Board for support to get CHP approval.

Elizabeth North (retired Public Services Officer, Lassen National Forest): Presents information to the Board regarding OHV use in Merrill Campground. Recommends more comprehensive planning to accommodate OHV recreation within the Eagle Lake Basin and other national forest roads on the west side of County Road A-1. Presents the most recent Motor Vehicle Use Map the Lassen National Forest issued about three weeks ago; notes there are really not many opportunities for people to enjoy OHV recreation. Feels the map is inadequate and needs to be corrected the next time it is updated. There are many restrictions for non-highway legal vehicles. Is concerned about public safety risk on A-1; does not feel it is a safe road for combined use. Feels there is an inconsistency in how agencies are managing their road systems. Suggests meeting with Mr. Hatch and the Forest Service and find a plan for a much better system staying off County paved roads. Should be providing recreation opportunity for everyone to enjoy consistent with CA Vehicle Code. Notes the Recreation Outdoor Coalition (ROC) has a traffic engineer on the team who may be willing to help. Further information is presented. The Forest Service anticipates doing a Tier 2 and this would be an appropriate time to enter into that next phase of planning.