BOARD OF SUPERVISORS JANUARY 9, 2007 The Lassen County Board of Supervisors convenes in Regular Session at 9:06 a.m. Chairman Pyle asks for public comment and no comments are received. Deputy County Clerk Susan Osgood announces the Closed Session items and the Board recesses to Closed Session at 9:07 a.m. for: 1) Conference with Legal Counsel: Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9. 2) AS LRA: Conference with Legal Counsel: Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9: One case. 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) Mid-Management, e) Lassen County Peace Officers Assn. Supervisors Unit (LCPOASU), f) Lassen County Peace Officers Assn. Management Unit (LCPOAMU), and g) Management. 4) Employee performance evaluation: Public Defender David Marcus. 5) Claims: Claim of Ronald Lee Wood presented December 5, 2006 and claim of Parker Heisey presented October 3, 2006. Present in the Closed Session are Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer John Ketelsen, County Personnel Director/Risk Manager Ron Vossler, and Deputy County Clerk Susan Osgood. Closed Session is recessed at 10:01 a.m. The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, January 9, 2007, at 10:07 a.m. Present: Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer (CAO) John Ketelsen and Deputy County Clerk Susan Osgood. Following the flag salute, the invocation is offered by Supervisor Hanson. BOARD ORGANIZATION - ELECTION OF OFFICERS Deputy County Clerk Susan Osgood calls for nominations for 2007 Chairman of the Board of Supervisors. It is moved by Supervisor Keefer and seconded by Supervisor Hanson to nominate Supervisor Dahle and carried unanimously to elect Supervisor Dahle as 2007 Chairman of the Board of Supervisors. 118
Deputy County Clerk Susan Osgood calls for nominations for 2007 Vice-Chairman of the Board of Supervisors. It is moved by Supervisor Chapman and seconded by Supervisor Dahle to nominate Supervisor Hanson and it is carried unanimously to elect Supervisor Hanson as 2007 Vice-Chairman of the Board of Supervisors. Chairman Dahle receives the gavel and assumes chairmanship of the meeting. ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION The Deputy County Clerk announces 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) AS LRA: Conference with Legal Counsel: Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9 - One case - 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) Mid-Management, e) Lassen County Peace Officers Assn. Supervisors Unit (LCPOASU), f) Lassen County Peace Officers Assn. Management Unit (LCPOAMU), and g) Management a) Approved LCPOA Supervisors Unit agreement effective July 1, 2006 to June 30, 2009. b) Approved LCPOA Management Unit Agreement effective July 1, 2006 through June 30, 2009. 4) Employee performance evaluation: Public Defender David Marcus Board of Supervisors voted unanimously to give Mr. Marcus an evaluation of excellent. 5) Claims: Claim of Ronald Lee Wood presented December 5, 2006 and claim of Parker Heisey presented October 3, 2006 Claims rejected, notice of rejection to be sent. AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS Supervisor Chapman requests the meeting be adjourned in memory of Marzene Gunther and Tro Emerson. County Counsel Craig Settlemire requests that Item G4, agreement with Fred Nagel Engineering Contractor, be pulled from the consent calendar for discussion. It is moved by Supervisor Hanson, seconded by Supervisor Pyle and carried to approve the agenda with the noted changes. 119
PUBLIC COMMENT Travis Lane resident Kevin Justis presents a letter regarding the Board of Supervisors recent decision to add Cramer Ranch Road into the County Maintained Road System. Mr. Justis states that when the Supervisors chose not to support the neighborhood appeal on this issue, he requested an official opinion from FEMA regarding the subdivision and presents email from a FEMA representative. Mr. Justis requests that when a legal opinion has been received on the FEMA information, that it be shared with the neighborhood and they be invited to any session regarding this issue. Sheriff Steve Warren reports the California State Sheriffs Association (CSSA)is sponsoring legislation that will move to include Lassen County with other counties into a penal code reclassification of our correctional officers into an 830.1C class of peace officer. Our correctional officers are peace officers for the purposes of duty which ties directly to the CCF (Community Correctional Facility) contract. If that were ever to go away then our correctional officers would no longer be peace officers, they would then be public officers and would not have the power to arrest or some of the powers they have as peace officers. Peace officers can be used outside the jail in a local emergency such as evacuations or floods. PUBLIC WORKS - BUILDINGS AND GROUNDS Deputy Public Works Director for Facilities Peter Heimbigner and Reverend Michael Cornelison, Chairman of the Let Us Remember Committee, present information regarding the request for Permit for Educational Public Exhibition Purposes on County Property for American Veterans Traveling Tribute at Susanville Ranch Park, July 5-10, 2007. Several concerns are being addressed: lighting for security and safety; parking issues; almost all neighbors have been contacted and presented information; the usual cleaning deposit has been raised to $1,500 due to anticipated damage to turf; location of restrooms. Veterans groups are involved and have waived the fee to use the Memorial Hall for related events. The Sheriffs Department, Susanville Police Department, Supervisor Hanson as member-at-large and other personnel have been invited to the next Susanville Remembrance Committee meeting in February and will be involved in planning. Sheriff Steve Warren states there could be 40,000 to 50,000 people attending and there will be impact on the highways and community. He has already started making plans and will have mutual aid from other agencies. Reverend Cornelison recommends the event be limited to non-profit county-approved vendors rather than commercial vendors. All profits will be given back to the veterans organizations in our area and the surrounding communities. The Christian Motorcycle Association is sponsoring the Saturday afternoon event. It is moved by Supervisor Hanson, seconded by Supervisor Chapman, and carried unanimously, to approve permit for Educational Public Exhibition Purposes on County Property for American Veterans Traveling Tribute at Susanville Ranch Park, July 5-10, 2007. INFORMATION AND CONSENT CALENDAR County Counsel Craig Settlemire requests Item G4 be removed for separate consideration. Supervisor Hanson requests Item G8 be removed for consideration. 120
It is moved by Supervisor Pyle, seconded by Supervisor Hanson and carried to take the noted action on the following Consent Calendar items: COUNTY CLERK ITEM Approve Minutes of December 19, 2006. ADMINISTRATIVE SERVICES ITEM Receive and file Personnel Movement report for November, 2006. AUDITOR & TREASURER DEPARTMENT ITEM Receive and file Treasurer s Fund Balance Report and Auditor s verification for the month of November, 2006. PUBLIC WORKS DEPARTMENT ITEM Approve the Agreement Between the County of Lassen and C.B. Consulting for professional services for Skyline Road Extension; and authorize the Director of Public Works to sign the agreement. SHERIFF S DEPARTMENT ITEM Approve request to host the mandatory Corrections Standards Authority (CSA) Adult Corrections Core Training with Olson Enterprises in Susanville at the estimated cost of $13,063, and authorize the CAO to sign. Training costs would be expended from the training line in the ADF and CCF budget units #130-0525-3002901 and 130-0524-3002901. TREASURER/TAX COLLECTOR ITEM Receive and file Treasurer s Investment Report for November, 2006. MISCELLANEOUS CORRESPONDENCE ITEMS Receive and file the following correspondence: a. Lassen Transit Service Agency meeting agenda for January 8, 2007, and minutes of July 10, 2006, and September 11, 2006. b. Lassen County Transportation Commission meeting agenda for January 8, 2007, and minutes of July 10, 2006, and September 11, 2006. c. Lassen County Planning Commission meeting agenda for January 3, 2007. d. Lassen County Planning Commission and the Technical Advisory Committee (TAC) list of monthly meeting dates and application deadlines. e. Susanville City Council meeting agenda for January 3, 2007. PRISON TRIAL COSTS REIMBURSEMENT Supervisor Hanson asks the Auditor for an update on prison trial costs reimbursement from the state. Auditor Karen Fouch replies the state owes for six months of services but there is currently $148,000 still in the local fund and the County is able to operate for the time being. It is moved by Supervisor Hanson, seconded by Supervisor Keefer and carried to receive and file 121
Recaps of CCC Prison Trials Cost Reimbursement Billing and High Desert State Prison Trial Costs Billing for the months of July 2006 through December 2006. PUBLIC WORKS DEPARTMENT ROAD DIVISION County Counsel Craig Settlemire states wording in the contract with Fred Nagel may be misconstrued and wants to add language that would clarify what is intended. Public Works Director Larry Millar states the language in Attachment B, Payment under the third paragraph should be changed to read: It is anticipated that the county will require these services a maximum of 1 day of service per week. The County will schedule work when there is a minimum of one hour of work to be performed by the Deputy County Surveyor. Mr. Millar and Supervisor Chapman request the changes to Attachment E, Mr. Nagel s proposal for rate schedule should be changed to read Time would be calculated at 1-hour per scheduled day of service minimum, and 1/2 hour intervals. It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to: 1) approve the Agreement between the County of Lassen and Fred Nagel Engineering Contractor for Deputy County Surveyor services with the stated changes; 2) authorize the Director of Public Works to sign the agreement; and 3) designate Fred Nagel as the Deputy County Surveyor. UNAGENDIZED REPORTS BY BOARD MEMBERS 1. Supervisor Pyle reports the transfer of Honey Lake to the State Lands Commission will be Thursday, January 11th in Sacramento at the Center for Urban Watershed. He attended a Tall Whitetop meeting January 10 th. Tom Esgate will be writing a conservation innovative grant for them and has requested a letter of support to Senators Feinstein and Boxer and Congressman Doolittle be put on the next agenda. Supervisor Pyle reports several agencies are involved and he gives credit to Ag Commissioner Ken Smith for doing a great job. 2. Supervisor Hanson attended LAFCO meeting January 8 th and did first shot of sphere of influence for Westwood and Leavitt Lake Community Service Districts. Westwood is using the existing city boundaries for their sphere of influence. The Leavitt Lake Community Services District is anticipating the annexation of 14 acres that may be utilized in the future for additional residential development. 3. Supervisor Dahle attended the Transportation Commission meeting January 8 th. They are in the process of purchasing 3 or 4 new buses that will be carb compliant for air quality in the next six months to a year. They are looking to add a new bus to the system that could reduce ride times within the city limits by half. 4. Supervisor Dahle requests the annual Committee appointments be on the next agenda. ADMINISTRATIVE SERVICES PURCHASING Assistant to the Deputy CAO Julie Morgan presents information on a request to purchase two copy machines from Ray Morgan Company, Inc. She states county departments are looking for more efficient machines requiring less service calls. Supervisor Chapman is pleased with the way this contract is packaged rather than what was done in the past. Supervisor Dahle requests staff keep a 122
tally over the life of the machines so the actual cost per copy can be calculated. It is moved by Supervisor Pyle, seconded by Supervisor Hanson and carried to authorize purchase of two copy machines from Ray Morgan Company, Inc., one for the District Attorney s office and one for Victim Witness/Prison Prosecution Program 50% each. Total cost for both machines not to exceed $32,000 including sales and property taxes. COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION Community Development Director Robert Sorvaag presents an update on the release and availability of Public Draft Lassen County Groundwater Management Plan. The Plan has been distributed to interested parties in CD format and is available in Community Development and Farm Advisor s Office. The Groundwater Management Plan (GWMP) Working Group is an advisory committee of stakeholders that met to review, comment and provide direction on the development of the draft plan. Farm Advisor David Lile states that the largest groundwater users in the county are the agriculture community and he will be working with them as well as Farm Bureau and Cattlemens Association during the public review process. The biggest interest from the agriculture community is protecting the historic uses and getting a plan in place that can be implemented locally and put Lassen County in a better position to move forward. Supervisors discuss some possible problem areas that are of concern regarding water: issues with the Pitt River and Washoe area; Herlong expansion; Janesville area. Supervisor Keefer states he is concerned about the escarpment going all the way to Hallelujah Junction; wants to look toward more monitoring of both residential and agriculture wells; and wants to look at obtaining more grants. Brown and Caldwell Consultant Robert Vince states that the draft plan is very reflective of the needs and interests of Lassen County. He reports on potential sources of money: AB 303 Local Groundwater Assistance Program and Propositions 50 and 84 may be potential sources of money. The AB303 Local Groundwater Assistance Program grant funding is administered by the California Department of Water Resources and the maximum grant is $250,000. Proposition 50 has $650 million available for both plans and for implementation of projects. Proposition 84 has $1 billion for development of plans and implementation of projects. Under both propositions there is a new method for water resource management that the Department of Water Resources and the State Water Resource Control Board is promoting referred to as Integrated Regional Water Management Planning (IRWMP). There is $27 million that can only be spent for the North Lahontan and South Lahontan regions. Mr. Vince feels Lassen County s opportunities to gain funding are good and suggests leveraging Lassen County s goodwill developed with State Representatives over the interstate groundwater issue. Supervisor Keefer asks who will be working on grants after Mr. Sorvaag s retirement. Mr. Sorvaag states David Lile has been co-managing this project with him; additional staff may be needed; and Mr. Vince will be preparing a proposal for a master services agreement. Supervisor Hanson thanks the Working Group, Bob Sorvaag and Bob Vince; feels Lassen County 123
must be proactive. Bob Vince states he will be meeting with Department of Water Resources staff Tracy Billington (who is implementing the IWMP) and her supervisor, John Woodling, on January 11 th and will be talking about how counties such as Lassen will be able to compete for grant funding under this program. Supervisor Chapman points out a typographical error in the Plan (Page 2-4) regarding Susanville station and requests reference be made regarding the contamination of Susanville City Well #3 that occurred in the 1990 s (Page 2-41) as he feels it is on a similar magnitude as the Sierra Army Depot. He comments that the resources from Proposition 84 are more likely to go to Lake Tahoe than Lassen County. DISTRICT ATTORNEY CRIMINAL DIVISION District Attorney Bob Burns presents request for approval of a contract for forensic pathologist services with Dr. Thomas Resk for the on-going prosecution of Benjamin Wai Silva. A trial date is expected for late summer. He states it is critical to have someone available to review the work of the original pathologist, Dr. Liptrap, who is deceased. Further discussion is held. It is moved by Supervisor Chapman, seconded by Supervisor Keefer, and carried unanimously, on a roll call vote, to 1) authorize an increase in appropriation in the public safety-homicides-special and professional services budget unit (130-0437-3002300) in the amount of $20,000 for expert forensic services, 2) approve contract for expert forensic services and analysis with Dr. Thomas Resk, and 3) and authorize the CAO and the District Attorney to sign the contract. PUBLIC WORKS ANIMAL CONTROL Deputy Public Works Director for Facilities Peter Heimbigner reports that developing a program for animal shelter volunteers is taking longer than anticipated. Research has been done and a draft for policies and procedures needs to be worked up. He feels it should be worked out by the end of the month. (Supervisor Chapman is absent 11:34 11:37 a.m.) Mr. Heimbigner gives an update on the possible training of animals at the California Correctional Center with the Lassen Humane Society. It is now proposed the program will be done at the fire station with a kennel built in back that could house 6-10 animals. The crew would include about 15 inmates. He plans to attend a field trip January 16 th to San Quentin to observe their program and look at their MOU between the shelter and state. Supervisor Keefer asks for an update on the status of new animal control staff. Mr. Heimbigner states the second Animal Control Officer is on full-time and the three-quarter time kennel aide is to start January 16 th. Supervisor Pyle requests a report be brought back to the Supervisors at a later date. Supervisor Chapman discusses the need for a formal complaint process. Further discussion is held. Chairman Dahle directs CAO Ketelsen and County Counsel Settlemire to work with Public Works Director Larry Millar and Peter Heimbigner to find a solution. Westwood resident Judy Robinson presents a complaint concerning two dogs in her neighborhood; she gives an update to the letter she sent to Supervisors dated December 29, 2006. She reminds 124
the Board of her other earlier complaints regarding this issue and asks that people do the jobs they are getting paid to do; states the dog owner has been cited numerous times but nothing seems to happen. She feels this is a problem all over Lassen County not just in Westwood. Further discussion is held. Supervisor Chapman assures Mrs. Robinson that this is an issue the Supervisors take seriously and that it will hopefully be resolved soon. PLANNING - GENERAL PLAN UPDATE Community Development Director Robert Sorvaag presents information regarding professional services contracts with Sonoran Institute and Vestra Resources for the first phase of the Lassen County General Plan update from Susanville to Hallelujah Junction (File 765.01.23). Sonoran Institute is a non-profit firm that is involved with land use planning. They deal with assistance to rural communities similar to Susanville and have partnered with the National Association of Counties (NACO) to assist counties with land use and development matters. Vestra Resources has worked with Lassen County in the past and would be providing the technical mapping GIS information updates. Staff would like to proceed with pursuing these contracts which are within the budget approved by the Board this past year. The Supervisors and CAO Ketelsen agree to bring the contracts back to the Board at a future meeting. COUNTY ADMINISTRATIVE OFFICE - PRISON INITIATIVE CAO John Ketelsen reports he met with State Secretary of the Corrections Department James Tilton around the same time Governor Schwarzenegger was announcing his prison improvement programs in response to three federal court cases. Some programs go beyond the expansion of local facilities. One proposal would have those people convicted of crimes resulting in sentences up to three years be held in local facilities. Sheriff Warren gave CAO Ketelsen some communication that the Sheriffs Association has also been in discussions with Mr. Tilton. He states Mr. Tilton is a very sincere man, seems interested in our problems and willing to talk. Mr. Tilton is going to hold a town hall meeting in Amador County January 16 th and CAO Ketelsen suggests a staff or Board Member attend. He also suggests possibly inviting Mr. Tilton to come to Lassen County or request a personal meeting with him in his office to discuss problems that are unique to counties such as Lassen and Del Norte; and a follow-up letter be sent to him. CLERK OF THE BOARD CAO Ketelsen refers to his issue paper and states the problem as he sees it is Theresa Nagel has resigned the Clerk of the Board position and Mr. Ketelsen can either enter into negotiations with her, if that is the direction of the Board, or he can bring back an evaluation of various alternatives. One alternative is to appoint the Clerk s office directly, then indirectly assign it to staff; another approach would be to transfer the position over to the CAO s office, which would free up space in the Clerk s office. He could analyze the cost and do a salary survey. Supervisor Keefer states he would prefer to direct staff to pursue the alternatives as this does have some budget implications based on what is decided. Supervisor Chapman asks why this is being dealt with now when it was placed in the budget last summer; he thought the issue was to be brought back to the Board with alternatives prior to the end of last year. Chairman Dahle directs the CAO to do the study and bring it back to the next Board meeting. 125
County Clerk/Recorder Julie Bustamante provides her opinion on the issue. Clerk to the Board is a separate appointed position and, in the beginning, she did not see this as something that she would be taking on because the office staff is extremely overworked with four different departments. Due to the long hours worked by staff it is difficult for anyone to take vacations or use comp time. Her choice would be for the Board to appoint the former Clerk of the Board, Theresa Nagel temporarily until a decision is made. She is upset that this didn t get resolved sooner because the indecision has added extra stress to her staff. If the Board decides not to appoint the former Clerk, she feels the position should remain under an elected Department Head to retain checks and balances. If the board does not appoint another person she states that she would be willing to take it under her department again. She states that whatever decision is made the Deputy Clerk to the Board position should be equal to that of an Administrative Assistant Range 20 because this person has already taken on more work, and will continue to do so because the office is short one person, and when a new assistant is hired, that person may be new and have to be trained. Chairman Dahle asked Personnel Director Ron Vossler where we are in the process of flying the vacant Assistant position. Mr. Vossler states that received that request last week and it is being held right now until the Clerk of the Board issue is resolved. Chairman Dahle feels we can make it another week and directs CAO Ketelsen to take the comments the County Clerk has made into consideration and bring those items back to the board. There being no further business, the meeting is adjourned at 12:08 p.m. Supervisor Chapman requests the meeting be adjourned in memory of Marzene Gunther and Tro Emerson. ATTEST: CLERK OF THE BOARD CHAIRMAN OF THE BOARD OF SUPERVISORS 126