SUMMARY MINUTES
BOARD OF SUPERVISORS
707 NEVADA STREET, SUSANVILLE
SEPTEMBER 25, 2012
9:09 A.M. CALL TO ORDER
PRESENT: Supervisors Jack Hanson, Bob Pyle, Jim Chapman and Larry Wosick; County Counsel Rhetta Vander Ploeg, County Administrative Officer (CAO) Martin Nichols and Deputy Clerk of the Board Susan Osgood. Planning and Building Services Director Maurice Anderson is present 9:12 a.m. – 9:17 a.m. CAO Nichols stepped out briefly at 9:22 a.m. Closed session ends at 9:36 a.m. Recesses: 9:57 a.m. – 10:00 a.m. (County Counsel Vander Ploeg returns at 10:02 a.m.); 10:52 a.m. – 10:58 a.m. (Supervisor Chapman returns at 10:59 a.m.)
ABSENT FOR DAY: Supervisor Brian Dahle. Supervisor Jack Hanson chairs the meeting.
PUBLIC COMMENT: Congressman McClintock's Field Representative Tim Holabird – Presents information on the Rush Fire. States a disaster designation can be obtained if there are five individuals that were financially hurt; notes there was significant death loss of livestock and loss of prime grazing ground. According to the Small Business Administration (SBA) there would need to be a separate filing on behalf of the County to the Governor so individuals could apply for low interest loans. He will come back to the Board with further information for the Board to review.
ANNOUNCEMENT OF CLOSED SESSION: 1) Conference with Legal Counsel: Significant exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9 (if needed).
2) Conference with Legal Counsel: Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: Arreola v. County of Lassen, et al.
3) Conference with Legal Counsel: Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9: Three cases.
4) Conference with Labor Negotiator Martin Nichols: 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).
9:39 A.M. OPENING CEREMONIES: Following the flag salute, the invocation is offered by Supervisor Hanson.
ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION: CAO Nichols reports: 1) Conference with Legal Counsel: Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: Arreola v. County of Lassen, et al. – Direction to staff.
2) Conference with Legal Counsel: Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9: Three cases. – Direction to staff.
3) Conference with Labor Negotiator Martin Nichols: 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) - Direction to staff. There were no reportable actions.
AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS
CAO Nichols requests Agenda Item D3 Lassen County Coordination Council resolution be moved to the October 9, 2012 meeting. Supervisor Chapman requests the meeting be adjourned in memory of Shirley Smith, Wilma Cannon and John Hanson, Sr.
ACTION: Approve agenda as changed.
MOVED BY: Chapman SECONDED BY: Pyle UNANIMOUS: No
AYES: Hanson, Pyle, Chapman, Wosick ABSTENTIONS: None
NOES: None ABSENTEES: Dahle
PUBLIC COMMENT: 1) Sheriff Dean Growdon: Presents information on recent trends and ongoing drug problems in the community including prescription drug abuse, influx of “spice” (synthetic marijuana) and “bath salts”. A Drug Take Back Program will be held at Walgreens September 29, 2012 for the public to safely dispose of unused medications. Reports on search warrants served at the Payless Gas Station in Doyle. Presents further information; notes information can be found at the National Institute of Drug Abuse website and at www.cnoa.org.
2) Poet Laureate Violet Stout: Reads a Happy Birthday poem for Chris Montgomery (KSUE/JDX Radio).
3) Judy Robinson (Westwood): Attended the 19th Annual Sierra Nevada Alliance Conference held the previous weekend. Presents details of workshops attended; distributes handouts from the Defenders of Wildlife to the Board.
UNAGENDIZED BOARD REPORTS: Supervisor Chapman: Will be installing a new set of Soaring Eagle Blue Star Moms banners honoring the service and families of local active military on September 29, 2012.
CONSENT CALENDAR
ACTION: Take the noted action on the following Consent Calendar items:
MOVED BY: Wosick SECONDED BY: Pyle UNANIMOUS: No
AYES: Hanson, Pyle, Chapman, Wosick ABSTENTIONS: None
NOES: None ABSENTEES: Dahle
COUNTY CLERK ITEM - MINUTES
ACTION: Approve Minutes of September 11, 2012.
PROBATION DEPARTMENT ITEM - AGREEMENT
ACTION: Approve agreement with ISD Corporation for the maintenance and support of Probation CASE database system and authorize the CAO to sign and date the agreement. This is for maintenance of Level 1 (High) and Level 2/Level 3 (Medium) support calls. This Agreement does not include any new modifications. The agreement amount is $17,488 annual fee for the period of July 1, 2012 through June 30, 2013.
SHERIFF'S DEPARTMENT ITEM - TRAINING
ACTION: Authorize the training expenditures and travel authorization for Sergeant Kevin Jones to attend the POST Sherman Block Supervisory Leadership Institute Class and approve the full per diem amount to be provided prior to the start of each training session. Classes will be held in eight 24 hour sessions over an eight month period (seven classes in Sacramento and one in Los Angeles County). The total estimated cost of training is approximately $4,144. The POST reimbursement will make the training cost neutral.
MISCELLANEOUS CORRESPONDENCE ITEMS
ACTION: Receive and file the following correspondence:
a. Susanville City Council, Susanville Community Development Agency, Susanville Municipal Energy Corporation and Susanville Public Financing meeting agenda for September 19, 2012.
b. Lassen County Farm Bureau meeting agenda for September 20, 2012.
PUBLIC HEARING - FISCAL YEAR 2012/2013 BUDGET HEARING AND BUDGET ADOPTION.
Open public hearing on the 2012/2013 Lassen/Modoc Flood Control, Bieber Lighting District and County Service Area #1 (Honey Lake TV) Budgets and either continue the public hearing or take actions as follows:
The public hearings are opened at 10:00 a.m.
BUDGET - LASSEN / MODOC FLOOD CONTROL DISTRICT
The Board adjourns as the Board of Supervisors and convenes as the Lassen/ Modoc Flood Control District.
SUBJECT: Resolution approving the 2012/2013 Lassen/ Modoc Flood Control Budget in the amount of $30,000.
ACTION REQUESTED: Adopt resolution.
Supervisor Chapman: Points out that the Lassen-Modoc Flood Control District is made up of nine individuals, four Modoc County Supervisors and five Lassen County Supervisors; in order to have a quorum, all five Lassen County Supervisors would need to be present or a combination of five members.
Assistant to CAO Julie Morgan: Reports the third Tuesday of the month is convenient for the Modoc County Supervisors to possibly attend.
No one speaks in favor or opposition to this budget. This agenda item is continued to the October 9, 2012 meeting.
The Board adjourns as the Lassen/ Modoc Flood Control District and convenes as the Board of Supervisors.
BUDGET - BIEBER LIGHTING DISTRICT
The Board adjourns as the Board of Supervisors and convenes as the Bieber Lighting District.
ACTION: Adopt Resolution No. 12-046 establishing Appropriations Limit the amount of $17,319, for Fiscal Year 2012/2013 Pursuant to California Constitution Article XIII-B and Government Code Sec. 7910; Approving the 2012/ 2013 Bieber Lighting District Budget in the amount of $9,500.
MOVED BY: Wosick SECONDED BY: Pyle UNANIMOUS: No
AYES: Hanson, Pyle, Chapman, Wosick ABSTENTIONS: None
NOES: None ABSENTEES: Dahle
The Board adjourns as the Bieber Lighting District and convenes as the Board of Supervisors.
BUDGET - COUNTY SERVICE AREA #1 (HONEY LAKE TV)
The Board adjourns as the Board of Supervisors and convenes as County Service Area #1 (Honey Lake TV).
ACTION: Adopt Resolution No. 12-047 approving the 2012/2013 County Service Area #1 Budget (Honey Lake TV) in the amount of $71,150, and adopting the 2012/2013 TV User Fee in the amount of $25.
MOVED BY: Chapman SECONDED BY: Pyle UNANIMOUS: No
AYES: Hanson, Pyle, Chapman, Wosick ABSTENTIONS: None
NOES: None ABSENTEES: Dahle
SPEAKERS: Dan Douglas - Reports on changes to the system and possible expansion.
The Board adjourns as County Service Area #1 and convenes as the Board of Supervisors.
PLANNING AND BUILDING SERVICES - WILLIAMSON ACT
SUBJECT: Possible modification of the "Lassen County Policies and Procedures for Administration of the Land Conservation Act of 1965 (Williamson Act)".
ACTION REQUESTED: 1) Receive report; and
2) Consider adoption of a resolution amending the "Lassen County Policies and Procedures for Administration of the Land Conservation Act of 1965 (Williamson Act)"; and
3) If the Policies and Procedures are amended, direct staff to non-renew contracts, for this year and in the future years, that do not meet the newly established standards.
Supervisor Hanson: States two of the four Supervisors present today are Williamson Act contract holders; there is not a quorum. He will be excusing himself from voting on the resolution. Supervisor Pyle agrees.
County Counsel Vander Ploeg: States that technically the vote today would not impact Supervisors Pyle or Hanson, however, with an abundance of caution, there is a potential for future impact on their contracts; recommends they not vote on this matter. Testimony will be taken but action will be taken October 9, 2012 if there is a quorum of the Board.
Planning and Building Services Director Maurice Anderson: Notes that, after conferring with the Assessor’s office and his staff, if the Board were to take action on this item on October 9, 2012, it does not appear that staff would have enough time to implement the changes for this year. The changes would take effect the following year and those changes would not have an affect until 2014. This item was postponed from the September 11, 2012 meeting as the Board felt the original notice sent to contract holders was not specific enough; more specific notices were re-sent. Reviews proposed modifications to Policies and Procedures for Administration of the Williamson Act.
Discussion is held. There are no public comments or questions.
SPEAKERS: Aaron Albaugh; Dan Schleuter (Assessor’s office).
ACTION: This item is continued to the October 9, 2012 meeting.
BOARD OF SUPERVISORS - CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC)
ACTION: Appoint Supervisor Chapman as Director and Supervisor Pyle as alternate of California
State Association of Counties (CSAC) Board of Director Members for 2012/2013.
MOVED BY: Chapman SECONDED BY: Pyle UNANIMOUS: No
AYES: Hanson, Pyle, Chapman, Wosick ABSTENTIONS: None
NOES: None ABSENTEES: Dahle
COUNTY ADMINISTRATIVE OFFICE - POOL UPDATE
SUBJECT: Pool update on responses to CAO letter sent to potential project partners.
ACTION REQUESTED: Receive responses and provide direction to staff.
CAO Nichols: Distributes additional letters that were received after the publication of the agenda from the Office of Education, the Lassen Economic Development Council and the City of Susanville. Per Board direction letters were sent to potential stakeholders requesting review of the basic concept and comments on the pool project. It appears all agency stakeholders support the concept of the pool and there is a general consensus that the Board of Supervisors should form some type of a project oversight and governance committee to discuss project design. Recommends the Board authorize the CAO to prepare information for a proposed oversight committee and bring that to the Board at a future meeting for approval. Money was put into the County’s budget this year to begin the initial design of the pool. Suggests forming the working group and, at the same time, begin the recruitment for a design consultant. As soon as the committee finishes work it will probably identify a couple of sites in priority order and the consultant would review that to see which is the most technically feasible. The cost to operate the pool over the next 30 years would be ten times the cost to build it. Feels the logical sequence would be: oversight which would affect design and cost; cost; approach voters to pay operating costs; and capital cost. Will bring a report back to the October 9, 2012 meeting and officially appoint a board. Notes the Roosevelt School property still belongs to the Susanville School District. Suggests the appropriate action would be to direct the CAO propose a project steering committee for October 9, 2012, prepare property transfer document that is acceptable to County Counsel and the Susanville School District for formal consideration of the Board. Will bring a report to the Board on the cost of demolition of Roosevelt Pool as soon as practical.
Extensive discussion is held.
SPEAKERS: Violet Stout: Asks about natural hot water. Susanville School District board member Camille Buehler: Asks about the hazardous materials study at Roosevelt Pool site; states the school board does not necessarily want to give up the parcel if it is not going to be utilized; district is a partner in this and willing to do what they can to forward the process, wants to make sure things happen correctly; the district priority is to serve students. Westwood resident Judy Robinson: States she would drive over every day to go swimming; is concerned about accessibility of a site at Lassen Community College; thinks Roosevelt Pool site is perfect with geothermal; as County taxpayer, would be more than happy to have a nominal fee/tax added for the pool. Tony Jonas: Asks about the committee meetings and the status of the Roosevelt Pool site deed. City of Susanville Administrator Jared Hancock: Appreciates the discussion and opportunity to comment; the City Council gave very positive feedback; it is a priority to get an aquatic facility for the community; the City has some land resources; looking at putting a line item in budget to start allocating funds.
CAO Nichols: Suggests appropriate action would be direction to staff to a) direct CAO to propose a project steering committee for consideration by the Board on October 9, 2012; b) direct staff to prepare a property transfer document acceptable to County Counsel and the School District for future consideration by the Board. The principal objective at the end of the preliminary process is developing as broad a community consensus over a site and a project as possible in order to be able to convince the voters to support the operating costs.