BOARD OF SUPERVISORS

 

                                                                             JULY 25, 2006

 

                                        

The Lassen County Board of Supervisors convenes in Regular Session on Tuesday, July 25, 2006, at 9:33 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 County Clerk Theresa Nagel. Supervisor Hanson enters 9:34 a.m. Following the flag salute, the invocation is offered by Supervisor Keefer.

 

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

Chairman Pyle announces that no closed session was held.

 

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

It is moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to approve the agenda as posted. 

 

PUBLIC COMMENT

1.         Poet Laureate Violet Stout reads a poem entitled "A Public Meeting".

2.         Tom Esgate informs the board members the Fire Safe Council wanted to use the services of Lassen Addressing to mail information on fire breaks to residents in the Susanville, Archery Range, Childrens Road, Baxter Creek and Gold Run Areas, but since this would have been a conflict of interest for Supervisor Chapman, he gave them labels for mailing.  He thanks Mr. Chapman for the free help.

 

UNAGENDIZED BOARD REPORTS

1.         Supervisor Dahle announces he attended the Conservancy meeting; reports on the train derailment that closed Highway 299 for several hours - things were learned that need to be addressed for future such incidents; a road that could have been used as a detour was removed from the County Maintained System and some landowners had installed gates and locked them which cut off the detour - county will be sending out letters to inform the residents this is a public road.

2.         Supervisor Hanson felt the Lassen County Fair went very well - excellent shows - he compliments the Fair Advisory Board Members who worked tirelessly; reports on the Secretary of Agriculture Tour.

3.         Supervisor Pyle also discusses the Secretary of Agriculture Tour; thanks the fire departments on the excellent job done on the Creek Fire.

 

CONSENT CALENDAR

It is moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to take the noted action on the following Consent Calendar items:

 

COUNTY CLERK ITEM

Approve Minutes of July 18, 2006.

 

ELECTION - SUSANVILLE ELEMENTARY SCHOOL DISTRICT

Grant request from Susanville Elementary School District to consolidate an election to be held on Tuesday, November 7, 2006, with the statewide general election authorizing the issuance of school bonds, establishing specifications of the election order.

 

ELECTION - LAKE FOREST FIRE PROTECTION DISTRICT

Grant request from Lake Forest Fire Protection District to consolidate an election to be held on Tuesday, November 7, 2006, with the statewide general election authorizing and imposing a special tax against real property for the purpose of providing fire suppression, prevention and emergency medical services, and approving an increase in the district's spending limit.

 

AUDITOR & TREASURER DEPARTMENTS ITEM

Receive and file Treasurer's Fund Balance Report and Auditor's verification for the month of April, 2006.

 

DISTRICT ATTORNEY ITEM

Adopt Resolution No. 06-053, approving the continuation of the Lassen County District Attorney's Spousal Abuser Prosecution Program (S.A.P.P.)  to be funded from funds available through the California Department of Justice, Office of the Attorney General.

 

TREASURER/TAX COLLECTOR ITEM

Receive and file Treasurer's Investment Report for June, 2006.

 

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a.   In-Home Supportive Services Advisory Board meeting agenda for August 16, 2006.

 

BOARD MEMBERS ACTION ITEMS

CAO Ketelsen reports that a meeting of the possible participants in a Recreation JPA was held and there is interest by the group to put together a grant program for an aquatic center.  The next meeting is scheduled for July 27, 2006.  A tax ordinance requires two readings and in order to place a measure on the November ballot it must be adopted by August 11th. 

 

County Counsel Craig Settlemire distributes alternate sales tax language for addition to the draft ordinance that would provide the ability for a JPA to receive the net proceeds of the sales tax if a recreation district is not formed.

 

Supervisor Chapman expresses his feeling the scope of the project should not be limited to just an aquatic center - need a broader span of recreation.

 

CAO Ketelsen states this language does not foreclose a broader span of recreation and he states the scope of the district is still on the table, but he feels the JPA participants are interested in broader recreation although their focus would be an aquatic center.

 

Lisa Laband states High Sierra Recreation Alliance has not been invited to follow-up meetings of the JPA.  Her concern is how the boundaries are going to be set-up and who is part of the JPA.  States we are in the same position as before the June Election - no district or JPA formed.  Wonders why a tax measure is a good idea now if it was a bad idea before.  She really wants this on the November ballot.

 

CAO Ketelsen states the next JPA meeting will include discussion of the scope of the area and the purpose.  The meeting has narrowed down to committed entities - Superintendent of Schools, High School, Elementary School, County, City, College and Rancheria.  Regardless of which entity is formed (district or JPA) it all takes time.

 

JoEllen Wood agrees with the CAO that the enthusiasm was very good at the first meeting.  Her concern is the JPA needs to be formed before the tax is voted on.

 

CAO Ketelsen states his understanding is the JPA participants are not dependent upon a tax measure.

Supervisor Hanson wants a pool and wants steady and more substantial funding for parks and recreation - he is not sure this sales tax measure can pass.  The reason this is before the board is because the High Sierra Recreation Alliance desires that it be placed on the ballot.

 

Supervisor Keefer feels a JPA is the best alternative because of the uncertainty of passing a sales tax measure.  He would rather form the JPA and look at a sales tax later. 

 

Supervisor Pyle disagrees and strongly supports the tax ordinance.

 

It is moved by Supervisor Hanson and seconded by Supervisor Dahle to introduce, by title only, Lassen Recreation Transactions and Use Tax Ordinance No. 566 Imposing a Transactions and Use Tax to be administered by the State Board of Equalization.

 

Supervisor Chapman refers to the Chico Recreation District model as the best way to go - unfortunately what is before us does not accomplish this.  Does not think this measure has a prayer of passing in November.

 

Eileen Spencer does not feel the JPA will happen and even if the measure passes there is no plan for spending the money.

 

Lisa Laband expresses her desire for the measure to appear on the November ballot, but if it does not, she still wants the JPA effort to continue.

 

Supervisor Chapman feels any such election should be conducted as a special election - best during the hot summer to encourage interest in having a pool.

The motion fails on the following roll call vote:  Supervisor Chapman - NO, Supervisor Keefer - NO, Supervisor Hanson - YES, Supervisor Dahle - NO, Supervisor Pyle - YES.

 

Supervisor Hanson notes the JPA effort will continue.

 

PUBLIC HEARING -  VARIANCE #2005-143, OLEG LEVITSKIY

The public hearing is opened at 10:34 a.m. to consider Variance request #2005-143, Oleg Levitskiy, to vary from the rear yard setback requirement of the County Zoning Ordinance (from 5 feet to 2.5 feet) to allow for the construction of a storage building.  The project site is zoned R-1-B (Single Family Residential, Building Site Combining District) and is located at 310 Avenue #5, Westwood.  A.P.N.:  125-193-01.

 

Community Development Director Robert Sorvaag presents the staff report and the Planning Commission recommendation for approval.  No one speaks in opposition to or in favor of the variance and the hearing is closed at 10:37 a.m.

 

It is moved by Supervisor Dahle, seconded by Supervisor Keefer and carried unanimously, on a roll call vote, to adopt Resolution No. 06-055, approving the variance request. (County Clerk Nagel departs at 10:39 a.m. & Deputy County Clerk Susan Osgood takes over clerking duties).

 

COMMUNITY DEVELOPMENT DIVISION B PLANNING DIVISION

Community Development Director Robert Sorvaag presents a draft comment letter on Bureau of Land Management (BLM) Resource Management Plans (RMPs) and an Environmental Impact Statement (EIS) covering lands managed from the Eagle Lake, Alturas and Surprise field offices.  County staff assisted and coordinated with BLM to develop RMPs that would be consistent with county policy.  Comments identify areas in the RMP that contain language that is unclear, inconsistent and open to misinterpretation.  RMPs do not justify decisions recommended that seem to be incompatible or inconsistent with the County.  Coordination with other field offices, such as Carson City, has not occurred.

 

Additional comments and suggested changes are received from:  Deputy Director Buildings/Grounds Peter Heimbigner reporting on: Trails (Chapter 2.16.22); Travel Management - off-road vehicle use (Recreation Opportunity Spectrum Chapter 2.10; and Travel Management Chapter 2.16).

 

Community Development Director Sorvaag reports on: Inter-basin transfer of water; Wildlife and Fishery; Wild and Scenic Rivers (Chapter 2); and Wild and Scenic Rivers (Chapter 2).

 

Lassen Municipal Utilities District (LMUD) General Manager Frank Cady speaks on Energy Transmission Corridors; introduces LMUD Assistant General Manager Ray Luhring.

 

Farm Advisor David Lile reports on: #1  Livestock Grazing issues:  #1  Grazing (or no-grazing) of Aunhealthy@, Aat-risk@, and Asites found healthy but lacking a key attribute@;  #2  Rest from browsing for shrub species to promote viable seed production; and #3  Juniper management and control.  (CAO Ketelsen is absent 11:06 B 11:12 a.m.; County Counsel Settlemire is absent 11:10 B 11:12 a.m.)

 

Supervisor Hanson recognizes staff and the staff of the Cooperative Extension Office for the extensive work done on this document.

 

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried unanimously, to approve and authorize Chairman to sign letter of comment.

 

TITLE II AND III PROJECTS

Assistant to the CAO Julie  Morgan  presents information regarding the RAC designations of Title I and Title III project funds. 

 

Tom Esgate requests funding for next year; but the item is not on the agenda and no action can be taken.

 

It is moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to adopt Resolution No. 06-051, allocating 15% Safety Net Payments to Title II and/or Title III Projects.   

 

It is moved by Supervisor Chapman, seconded by Supervisor Dahle and carried to adopt Resolution No. 06-052, designating $75,000 (12.5%) to Title II Projects and designating the remaining amount of the money received - approximately $600,000 (87.5%) to Title III Projects. 

 

ORAL REPORT - ANIMAL CONTROL

A.   Mechanisms in place to facilitate contributions to Humane Society.

 

Supervisor Chapman received a request from the Humane Society and asked that it be placed on an agenda.  The Humane Society requested the county partner with them in sponsoring the building and placing of doghouse-shaped donation boxes being built by the Correctional Center staff and woodworking program.  Supervisor Chapman states he intends to donate money from his discretionary funds to pay for painting the boxes.

 

It is moved by Supervisor Chapman, seconded by Supervisor Dahle and carried to support and co-sponsor with the Lassen County Humane Society Spay and Neuter program; and direct CAO to communicate appropriately to Assistant Warden Matt Mullin at CCC. 

 

B.  Dog control in Westwood. 

 

Public Works Director Larry Millar reports on general Animal Control procedures.  The Animal Control Officer (ACO) tries to make rounds for all different areas of County weekly.  Human safety calls are responded to first over a dog-at-large or other call and they try to deal with complaints the same or next day.  When responding to a complaint the ACO tries to meet with complainant and get information, then go to owner.  On dog-at-large type calls, the ACO can do written notice or can write a citation if the dog has been seen by an Officer.  If not seen by an Officer and complainant will write a statement and is willing to testify in court, a citation can be issued.  If barking dogs are the problem, the owner can be cited if there are three letters of complaint from the surrounding area.

 

Westwood resident Judy Robinson relates a severe dog biting incident that occurred when her daughter was a child and states she never wants another child to be injured like that.  She gives information on recent, recurring dog problems in her neighborhood (previously reported to Board).  Suggests violators pay fines; proposes higher fines and stricter penalties; negligent owners should be held responsible.  States the County needs more than one ACO;  the dog problem is beyond belief in Lassen County and she asks the Board support in this matter now.

 

Westwood resident Eileen Spencer reports in detail on an incident where her son was bitten eight times by a dog.  States the same dog was on record for having bitten three times before.  The dog was scheduled to be euthanised but was returned to the owner and not euthanised until later. She states that the ACO makes discretionary decisions that should not be discretionary because there are laws in effect.  The ACO cannot do this job herself; you are asking her to do an impossible task.  Laws are not being enforced.  She asks the Board of Supervisors to pass a motion or give directive today telling the ACO that she will enforce the one bite rule, will impound dogs, and will quarantine the dog at the shelter, enforcing the law.

 

County Counsel Craig Settlemire explains the process for civil procedures or complaints against people who are owners of dangerous dogs or vicious dogs.  County Code has provisions regarding nuisances, dangerous dogs, dog at large, etc. with procedures for fines and penalties through citations.  States that his office is available to assist the ACO with the court procedures.  They have represented the ACO in court cases resulting in the control and removal of dogs.

 

Extensive discussion is held.

 

Supervisor Dahle asks this item be brought back to the board to be discussed further (what are our policies, what is really happening, what is being enforced); states animal control is an item being discussed by the Budget Committee and will be brought back to the Board. 

 

Supervisor Chapman states he wants to see the laws enforced and County Code strengthened if it is not sufficient.

 

Chairman Pyle states that it is a budget issue; requests a report at the first meeting in August on what=s been going on, how the process works after someone calls and turns in a dog bite, how calls are being handled. 

 

BOARD OF SUPERVISORS

It is moved by Supervisor Keefer, seconded by Supervisor Chapman and carried to adopt Proclamation recognizing the Nataqua Parlor Chapter #152 of the Native Daughters of the Golden West on their 100th Anniversary. 

 

HEALTH & SOCIAL SERVICES - PUBLIC HEALTH DIVISION

Public Health Director Julia Terrill presents update on pandemic influenza and preparedness.  Pandemic Influenza Coordinator Rich Kanavel and Bioterrorism Coordinator Mary O=Reilly will be developing a plan to address issues of preparedness, response, surveillance and planning in collaboration with OES, Susanville Fire and Police, and Lassen County School District.  Trainings have been attended and information is being distributed to the community. 

 

COUNTY ADMINISTRATIVE OFFICE

It is moved by Supervisor Chapman, seconded by Supervisor Dahle and carried to approve and authorize the Chairman to sign Memorandum of Understanding between the Judicial Council of California, Administrative Office of the Courts, County of Lassen and the Superior Court of California, for the Continued Use of the Historic Lassen County Courthouse in Satisfaction of Government Code Section 70329. 

 

SUSANVILLE LIBRARY DISTRICT

It is moved by Supervisor Chapman, seconded by Supervisor Dahle and carried to adopt Resolution 06-054, pertaining to Tax Revenue Exchange for Annexation to the Susanville Library District. 

 

UNAGENDIZED REPORTS CONT.

Supervisor Chapman reports that Search and Rescue Captain Bob Trussell had invited the Supervisors to a tour of their new 5th wheel, but the invitations apparently were not received.  Suggests Supervisors contact Bob to see the new trailer.

 

Supervisor Dahle reports Congressman Doolittle will be in Big Valley August 8th but he will be at a NACO meeting; Supervisor Hanson will try to be there.

 

ADJOURNMENT

There being no further business, the meeting is adjourned at 12:41 p.m.

 

                                                                                                                                                                                                                                                                        _________________________________

                                                                                    CHAIRMAN OF THE BOARD OF SUPERVISORS

 

ATTEST:

 

_______________________________________

THERESA NAGEL, CLERK OF THE BOARD