Board of Supervisors s4

SUMMARY MINUTES BOARD OF SUPERVISORS 707 NEVADA STREET, SUSANVILLE NOVEMBER 16, 2010

9:07 A.M. CALL TO ORDER

PRESENT: Supervisors Bob Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle and Jack Hanson; County Counsel Rick Crabtree, Interim County Administrative Officer (CAO) Richard Egan, Personnel Director/Risk Manager Nicole Berry and Deputy Clerk of the Board Susan Osgood. Deputy CAO for Health and Social Services Kevin Mannel is present 9:07 a.m. – 9:24 a.m. Closed session ends at 9:34 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) Public Employee Appointment, pursuant to Subdivision (b) of Government Code Section 54954.5: County Administrative Officer. 3) Public Employee Discipline/Dismissal/Release. 4) Claims - Claim of Barbara Swift presented on June 4, 2010.

9:37 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: 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) Public Employee Appointment, pursuant to Subdivision (b) of Government Code Section 54954.5: County Administrative Officer – No reportable action taken. 3) Public Employee Discipline/Dismissal/ Release – No reportable action taken. 4) Claims - Claim of Barbara Swift presented on June 4, 2010 – Claim denied; notice will be sent.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS ACTION: Approve agenda as posted. MOVED BY: Hanson SECONDED BY: Dahle UNANIMOUS: Yes

PUBLIC COMMENT: Dennis Hinze: Presents information to the Board on medical marijuana moratoria. 1) Asks that when the Planning Department presents draft ordinances that the Board not vote right away but see if there could be an amendment. 2) States he, Mr. Ziegler and Ms. Westerbeke stand ready to help in developing the ordinances regarding the medical marijuana industry. 3) The moratoria states “prohibited outdoor growing”. States he was assured by Board members that this did not apply to him; however, the wording of the moratoria did apply to him. Requests the Board make every effort to have the wording of the ordinances reflect the intent. 4) Regarding Proposition 19 that recently failed on the ballot: it is a good thing it failed; it would have opened up a logistical and regulatory nightmare. Feels bill was poorly worded and would have caused problems. The Ammiano bill will be released again in the legislature. 5) A new industrial hemp bill may be introduced to the legislature again. 6) Is working on an open letter to Lassen County Board of Supervisors. UNAGENDIZED BOARD REPORTS: Supervisor Chapman: 1) Attended Veterans Day services; thanks Chairman Pyle for the excellent job he did delivering the Board’s proclamation. 2) Will begin recycling the Soaring Eagle Blue Star Moms banners on Main Street. Will give Auditor Karen Fouch a detailed report on money spent for those; all Supervisor money goes to support the banner program. 3) Reports on former resident, Nick Moody whose parents, Mike and Lorina, still live in Susanville. Nick has served in Iraq and Afghanistan and is attached with the Nevada Air National Guard. He reportedly has been detained in the United Arab Emirates on September 29 on charges of being in possession of items pertinent to his job but were considered contraband. The family is not getting a lot of information or support from the government so are appealing to the community to write letters or whatever they can to get the government involved to get it resolved. Requests a letter be sent to Secretary of State Hillary Clinton, with copies to our Senators, Congressmen, Governor and the White House. Would request their intervention to ascertain the facts. 4) There is a fundraiser tonight at Diamond Mountain Casino for Bob Trussell (Search and Rescue Commander). 5) Comments on the California Department of Corrections & Rehabilitation (CDCR) has filed an appeal to the Judge’s ruling regarding Loren Herzog. Discussion is held. Supervisor Chapman would like to request an expedited hearing. Supervisor Hanson: 1) Attended the Veterans Day parade and celebration; it was an honor to be there. Chairman Pyle did a good job. 2) Reports on a Water Advisory Committee meeting attended November 10 regarding water master service for the Susan River, Baxter Creek and Susan River tributaries. 3) Expired terms on the Honey Lake Valley Resource Conservation District Board will be advertised; there are two terms up for appointment by the Board in December. 4) Notes there is a 2:00 p.m. Groundwater Management Working Group, Basin Management Objectives (BMO) meeting 2:00 p.m. today at 707 Nevada Street. 5) Reports on CalPers estimates for their assessments to local government that looks like it will be a 55% increase over a three year period. Notes that California State Association of Counties (CSAC) and Regional Council of Rural Counties (RCRC) will be looking at that. Supervisor Dahle: 1) Request to designate $500 to Soaring Eagle Blue Star Moms. 2) Reports he presented the County Veterans Day proclamation the day before Veterans Day during a program with students in North County (K – 6); Veterans were invited and they had a color guard. The Veterans lined up along the wall and students went by and shook their hands. On Veterans Day Cattlemen and Cattlewomen put on a dinner in Adin and the proclamation was read again. 3) Attended Fair Board meeting November 9; it was business as usual. Some 4-H people were there discussing maybe requiring kids who enter an animal to also enter a still exhibit. They will suggest they do that to get more entries before making it mandatory. 4) Will not be able to attend fundraiser for Bob Trussell tonight but donated a cord of firewood; also donated $100 and challenges other Supervisors to donate $100. Supervisor Keefer: Will attend Solid Waste meeting 3:00 today in Board Chambers with Supervisor Hanson. The main issue will be some fee increases (charge of $1 cubic yard for green waste and $5 minimum fee for household waste). Presents further information on the Lassen Regional Solid Waste Management Authority. Notes a lot of fees have been reduced or eliminated in past years. Supervisor Hanson: 6) Notes the consideration of fee increases is based on State mandates and less volume coming to facilities; not increased costs. Further discussion is held. Supervisor Pyle: Did attend the Veterans Day ceremony; it was very nice and the ceremony was well done. Will be at the fundraiser tonight and will match Supervisor Dahle’s donation.

PLANNING AND BUILDING SERVICES - CODE ENFORCEMENT SUBJECT: Code Enforcement update: 1) Public Nuisance at 463-850 Parkwood Drive, Westwood; 2) Administrative Citations, and 3) Abandoned vehicles. ACTION REQUESTED: Receive report.

Public Nuisance: 463-850 Parkwood Drive, Westwood (Linda Hanson): Code Enforcement Officer Lewis Dean: presents update on Code Enforcement issue at 463-850 Parkwood Drive, Westwood. States the property owner removed approximately 60-70% of the junk items, etc. after Resolution No. 09-033 was adopted by the Board of Supervisors declaring a public nuisance and order of abatement and assessment of cost on July 14, 2009. When progress stopped, Code Enforcement and Public Works secured a qualified estimate for abating the property. Required inspection and abatement warrant to enter the property is being secured; estimated cost is $3,000. Public Works has contacted an authorized contractor to abate the property after receiving an inspection and abatement warrant to go on the Parkwood property.

211 Birch Street, Westwood (Linda Hanson): Code Enforcement Officer Dean: Reports on July 14, 2009 the Board directed Code Enforcement to also address accumulations at this address. A letter was sent to Ms. Hanson October 27, 2010 advising of violations and the remedies to bring property into compliance. The first advisory letter has been sent to Ms. Hanson regarding the Birch Street property. Many attempts to personally contact Ms. Hanson have not been successful.

Administrative Citations: Code Enforcement Officer Dean: The Board of Supervisors adopted Ordinance 566 September 12, 2006 authorizing the Lassen County Code Enforcement Officer and Health Officer to issue administrative citations. About 160 citations for violations of the building code, zoning ordinances and public nuisances have been issued. Notes compliance is normally achieved after the “Notice of Order to Correct Violations” is sent with warning of pending citations. The first citation is a $100 fine, second citation is a $500 fine and the third citation is a $1,000 fine. Majority of violations are brought into compliance within 180 days but some take longer and/or other actions are employed to achieve compliance. The Tax Collector has billed $56,200 and collected $17,700 in administrative citations and billed $996 and collected $191 in accrued interest since August, 2007. Feels the administrative citation is a valuable tool in achieving compliance.

Abandoned Vehicles: The County has been without a contract to tow abandoned vehicles for some time; the only local towing company that responded to the Request for Proposal (RFP) was out of compliance with the conditions of their use permit for vehicle storage at that time. A new RFP is being prepared for circulation. If a contract is awarded, the County will again be able to remove abandoned vehicles. Notes there is $58,884 in the abandoned vehicle abatement program which is administered by the Lassen County Abandoned Vehicle Abatement Service Authority. Further information is presented. Reports that approximately 35 non-operable vehicles have been abated this year; not receiving many calls.

Further discussion is held.

Supervisor Dahle: Requests a report back to the Board in about six months after there is a new contract with information on how many vehicles were picked up; does not want to continue to tax people if there is not a need.

PUBLIC HEARING - PLANNING AND BUILDING SERVICES - AGRICULTURAL PRESERVE 2010-027, EDWARDS AND 2010-028, ESTILL. SUBJECT: Proposals for two new land conservation contracts to replace the two existing contracts, which were recorded at Book 328 of Lassen County Records, page 348 to 353; and Instrument Number 2002-09600. New contracts are required as a condition of lot line adjustment application 2009-094 because said lot line adjustment proposes a change in ownership/property lines of approximately 1,081 acres of land restricted by said contracts. New contracts are required to reflect the proposed change in ownership. No increase or decrease in land restricted by a land conservation contract is proposed. The overall size of the proposed contracts is unchanged and is approximately 945 acres and 9,000 acres respectively. The project site is located approximately 15 miles east of Madeline/Highway 395, and is bisected by Clarks Valley Road (Co. Rd. 510). The parcels are zoned U-C-A-P (Upland Conservation, Agricultural Preserve Combining District) and U- C-2-A-P (Upland Conservation/Resource Management, Agricultural Preserve Combining District). ACTION REQUESTED: 1) Receive report; 2) Adopt Land Conservation Committee findings; 3) Adopt Resolution authorizing the rescission of the existing contracts and the execution of two new Williamson Act Contracts.

The public hearing is opened at 10:17 a.m.

Planning and Building Services Director Maurice Anderson: Presents preserve contract applications for two new land conservation contracts to replace two existing contracts. New contracts are required as a condition of a proposed lot line adjustment that was previously approved by the Technical Advisory Committee (TAC). The proposal is an even swap of land; overall size of proposed contracts is unchanged. Project site is located in the Madeline area.

The public hearing is closed at 10:20 a.m.

ACTION: Adopt Land Conservation Committee findings and adopt Resolution No. 10-058 authorizing the rescission of the existing contracts and the execution of two new Williamson Act Contracts (2010-027, Edwards and 2010-028, Estill). MOVED BY: Hanson SECONDED BY: Keefer UNANIMOUS: No AYES: Pyle, Keefer, Hanson ABSTENTIONS: None NOES: Chapman, Dahle ABSENTEES: None

ALCOHOL AND DRUG ADVISORY BOARD - VACANCIES SUBJECT: Appointment to Lassen County Alcohol and Drug Advisory Board to fill vacancy. ACTION: Appoint Lori Speer to fill vacancy on the Lassen County Alcohol and Drug Advisory Board. MOVED BY: Keefer SECONDED BY: Hanson UNANIMOUS: Yes

CONSENT CALENDAR Supervisor Chapman notes there is a spelling error in the Registrar of Voter’s Appointment of Nominees that needs to be corrected. Congratulates the County Clerk and Election staff for their effort put forth during the election. ACTION: Take the noted action on the following Consent Calendar items: MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes

COUNTY CLERK / REGISTRAR OF VOTERS ITEMS MINUTES ACTION: Approve minutes of November 3, 2010 Special meeting.

REGISTRAR OF VOTERS ACTION: Adopt Resolution No. 10-059 authorizing the Lassen County Clerk-Recorder, Registrar of Voters, to conduct all Federal, State and Local Elections in the Year 2011.

REGISTRAR OF VOTERS ACTION: Receive and file the Certified Statement of Results for the November 2, 2010, Consolidated General Election as per Section 15372 of the California Elections Code; and declare the results as per Election Code Section 15400.

REGISTRAR OF VOTERS ACTION: Receive and file the Certified Statement of Results for the November 2, 2010, Senate District 1, Special Primary Election as per Section 15372 of the California Elections Code; and declare the results as per Election Code Section 15400.

REGISTRAR OF VOTERS ACTION: Appoint nominees to District Boards that did not have sufficient nominees to be placed on the November 2, 2010 ballot (Elections Code 10515).

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 the months of July 2009 through June 2010 and for the months of July through October, 2010.

MISCELLANEOUS CORRESPONDENCE ITEMS ACTION: Receive and file the following correspondence: a. Local Agency Formation Commission (LAFCo) of Lassen County meeting agenda for November 8, 2010. b. Lassen Transit Service Agency meeting agenda for November 8, 2010. c. Lassen County Transportation Commission meeting agenda for November 8, 2010. d. Big Valley Newsletter for November, 2010.

ADMINISTRATIVE SERVICES – PERSONNEL SUBJECT: Reduction in force (Layoff) of the position of Assistant Engineer/Associate Civil Engineer (License), Range 23/25 plus 10% w/License, Management and Professional Association), Public Works Department. ACTION REQUESTED: Direct staff to proceed.

Personnel Director Nicole Berry: Asks for approval of reduction in force for the position of Assistant Engineer/Associate Civil Engineer in the Public Works Department. With approval, staff would follow the Mid-Management reduction in force layoff procedure.

Public Works Director Larry Millar: In August the Board approved a position change to the Assistant Associate Engineer. Funding is not coming in as expected; State Transportation Improvement Program (STIP) has been delayed and gas tax money is starting to come in. Reserve money was down a lot. Salaries and benefits is running on the high side with three positions being vacant on the road crews. Cannot justify having another engineering position and not be able to staff road crews. States he always tries to fund engineer positions with the STIP money; with lack of projects he does not see being able to do that.

Supervisor Chapman: Requests the Budget Committee meet in early December with new CAO and Interim CAO present to look at budget issues.

Supervisor Keefer: States he is concerned with Title I, Secure Rural Schools and Community Self- Determination Act money.

Interim CAO Egan: Notes there is a process the County needs to go through for the permanent reduction in force that staff would like to initiate now.

Supervisor Dahle: Thinks it is wise to start looking at this type of thing.

ACTION: Proceed with reduction in force (Layoff) of the position of Assistant Engineer/Associate Civil Engineer (License), Range 23/25 plus 10% w/License, Management and Professional Association), Public Works Department. MOVED BY: Hanson SECONDED BY: Dahle UNANIMOUS: Yes

PUBLIC HEARING - PUBLIC WORKS DEPARTMENT - ROAD DIVISION SUBJECT: Road Speed Limits - Consider an Amendment to Schedule A of the Lassen County Code Section 10.04.010 Road Speed Limits - Designated. ACTION REQUESTED: 1) Conduct public hearing. 2) Introduce and adopt, by title only, Ordinance No. 438-G-1 to amend Schedule A within Lassen County Code Section 10.04.010 Road Speed Limits - Designated.

The public hearing is opened at 10:31 a.m.

Public Works Director Larry Millar: Presents staff report on road speed limits. States an engineering and traffic survey on selected County Roads was done with the assistance of consultant, Camille Buehler of CB Consulting. Roads studied were: Riverside Drive, Johnstonville Road, Center Road, Janesville Main Street, Lakecrest Road, Richmond Road, Circle Drive, Skyline Road East, Eagle Lake Road, Stone Road, Sears Road, Spaulding Road, Mooney Road and Doyle Old Highway. (Interim CAO Egan is absent 10:35 a.m. – 10:37 a.m.) States engineering and traffic studies are required to justify reduced speed limits that are not within school zones or residential areas where there is a prima facie speed reduction.

Camille Buehler: States that California has set the standards; speed limits shall be established at or near the 85 percentile speed, which is defined as that speed at or below which 85 percent of the traffic is moving. The only reason it could be reduced would be if there were conditions that were not readily apparent to the driver then it could only be reduced by 5 miles per hour. States it is assumed people driving on a road are already aware of a condition and should be accommodating that condition with their speed. A speed reduction is not allowed to cover something like a shoulder not being wide enough; using signage is suggested in that case. New speed limits will be enforceable. Studies are good for five to seven years.

Extensive discussion is held.

Supervisor Keefer: States many concerns regarding Main Street in Janesville and the number of driveways that come out onto it and that it is divided into six segments for speed. Because of inability of California Highway Patrol (CHP) to enforce the speed limit this has been an issue for a long time. One concern is a lot of pedestrian traffic and no place to walk in addition to intersections and encroachments with people accessing the roadway.

Ms. Buehler: There has been a trend of the Board to set speed limits based on what people in the area want. Setting a speed limit does not necessarily slow the traffic down because people are driving at what is a comfortable pace and allowable by the environment. A more dangerous situation is created by artificially slowing people down with a speed limit that is not what the road is designed to handle or what the general public is driving. There needs to be data behind changing a speed limit. Changes can be made as long as requirements are met; rules and regulations have to be followed.

Director Millar: We have the ability to drop speeds to 25 mph if an area meets conditions for residential. States the Board can post whatever speed limit it wants but they cannot enforce it.

Discussion is held. Supervisor Keefer: Asks to have Janesville Main Street looked at based on the number of driveways. Mr. Millar agrees to look at it to see if it qualifies.

The public hearing is closed at 11:01 a.m. ACTION: Introduce and adopt, by title only, Ordinance No. 438-G-1 to amend Schedule A within Lassen County Code Section 10.04.010 Road Speed Limits - Designated. MOVED BY: Dahle SECONDED BY: Hanson

Further discussion is held. Staff is directed to bring information back to the Board the first meeting in December regarding Janesville Main Street.

AMENDED ACTION: Amend motion to exclude Janesville Main Street, CR 235, all six zones and Richmond Road, 2 zones. (Attachment A of the Ordinance will be corrected to reflect the change.) MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes

PUBLIC WORKS DEPARTMENT - ROAD SUBJECT: Mooney Road (County Road A-21) Railroad Crossing Improvement Project - Status Report. ACTION REQUESTED: 1) Receive a report on the status of the project. 2) Provide any direction to staff.

Public Works Director Millar: Reports that work has been proceeding on this project; Burlington Northern Santa Fe Railway (BNSF) has put in some conduits within their right of way but did not have approval from Lassen Municipal Utility District (LMUD) so some may have to be changed. Poles have been put in. They are waiting because they have not received all of the specs from LMUD to be able to go out to bid. Hopes to have information needed by the first of the year; would enable bid to go out and be able to award it in February.

Supervisor Pyle: States the money will be lost if not used by August 31; to project finishing by the end of July is too close. One little hold up in materials or something and the project would lose $106,000. States this project will be done and the money will come out of Public Works.

Director Millar: States the plan and specs are 90% done but he cannot put it out to bid because he does not have all the details of what needs to be done. He needs that from LMUD. The application and fee were turned in; LMUD needs to do the design. BNSF needs to re-do some of what they did. States he presented the worst case scenario but would hope to have the project done earlier than July.

Supervisor Pyle: Feels LMUD should be able to tell BNSF what to do so Lassen County can be told what they need to do. Guarantees the project will be done out of Public Works money.

Interim CAO Egan: Suggests he work with Director Millar to bid segments of the project to make sure they have specialty components available; the final bid can be done after that.

Supervisor Dahle: Suggests CAO Egan and Director Millar work on this and bring report back to the Board.

PUBLIC WORKS SUBJECT: Park Bond Projects - Status Report. ACTION REQUESTED: 1) Receive a report on the status of the projects approved under the 2002 Park Bond (Proposition 4). 2) Provide any direction to staff.

Public Works Director Millar: Presents details on what has been done on parks since the report was written. Supervisor Dahle: Requested this information because the State caused 8 months of delays with the budget. Would like Mr. Millar to advise the Board if there is going to be an extension of time for completing projects so the Supervisors can try and get some legislation if there is no extension.

Director Millar: Notes that Staff is geared to complete the projects even if extension is not given; construction season was lost because of budget delays.

INFORMATION FOR THE BOARD Interim CAO Egan: Notes the CAO’s office will be short handed the next couple of weeks. Administrative Assistant Regina Schaap has been out because of surgery.

County Counsel Crabtree: Will be conducting interviews for Deputy County Counsel on November 18.

Supervisor Chapman: Reminds that there is AB 1234 Ethics Training tomorrow morning in Susanville City Council chambers, 9:00 a.m. to 11:00 a.m.

ADJOURNMENT There being no further business, the meeting is adjourned at 11:35 a.m.

______Chairman of the Board of Supervisors

ATTEST:

______Susan Osgood, Deputy Clerk of the Board