BOARD OF SUPERVISORS

AUGUST 8, 2006

The Lassen County Board of Supervisors convene in Regular Session at 9:04 a.m. Chairman Pyle asks for public comment and no comments are received. County Clerk Nagel announces the Closed Session items and the Board recesses to Closed Session at 9:06 a.m. for: 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. Management Unit (LCPOAMU), and f) Management.

Present in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer John Ketelsen, County Personnel Director/Risk Manager Ron Vossler, and County Clerk Theresa Nagel. Supervisor Chapman enters at 9:14 a.m. Supervisor Dahle is absent. Closed Session is recessed at 9:37 a.m.

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, August 8, 2006, at 9:41 a.m. Present: Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer (CAO) John Ketelsen and County Clerk Theresa Nagel. Supervisor Dahle is absent. Following the flag salute, the invocation is offered by Supervisor Hanson.

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

The County Clerk announces the Closed Session dealt with a 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. Management Unit (LCPOAMU), and f) Management - no reportable action taken.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

County Clerk Nagel has received a request to remove Items G-15, parcel map Stewart and G-17, parcel map Harlan.

Supervisor Chapman requests the meeting be adjourned in memory of Chuck Handzel and Jess Bengoa.

It is moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to approve the agenda with the noted changes.

PUBLIC COMMENT

1. Fair Manager Jim Wolcott presents and reviews information on the 2006 Lassen County Fair - preliminary numbers reflect a successful fair this year. Overall gate revenue was up 6.5%, although some days had lower attendance due to the heat; exhibits were down 2.6% but that was an improvement over the 8% decrease last year - exhibits are down through-out the state and the Department of Fairs and Expositions is researching new ways to increase exhibit entries; grandstand shows did very well - greatest increase at the headliner show (Blake Shelton) with a 14.6% increase over the previous year; Destruction Derby brought in $10,774; revenue for pageant and racing did decrease; concessions proved to be a success with overall increase of 7.3%; community is behind the fair shown by substantial sponsorship money received; he gives a lot of credit to the fair advisory board members who spent countless hours of volunteer time.

Supervisor Keefer was pleased with the fair and the only complaint he received was regarding the selection of rides. Mr. Wolcott explains a couple of rides had mechanical problems and were not running at the beginning of the fair.

Supervisor Hanson commends the fair advisory board members for their hard work.

Supervisor Chapman heard a complaint regarding the gate entrance fee and inability to purchase a week pass at the gate the individual entered.

2. Dimitrios Fylaktos goes into detail regarding property that he purchased at a Tax Sale. He states the county made $49,000 on this sale. He received a deed to the property which indicated there were no encumbrances. Subsequently he received a billing from Susanville Sanitary District for disconnection fees, past due sewer charges and reconnection fees. Following a series of correspondence the Sanitary District agreed in June that the new owner was not liable for the sewer charges owed by the previous owner, but a new sewer connection permit and fee is required before service can begin. A small claims case has been filed naming the county. He wants the county to provide the right for reconnection with the sewer line, at least on a temporary basis until the small claims case is heard.

Supervisor Chapman informs Mr. Fylaktos this is not something the Board can do anything about and recommends that he work with the Sanitary District and the City.

County Counsel Craig Settlemire states the Board has responded as much as they can in view of the small claims case filed naming the county as defendant.

UNAGENDIZED BOARD REPORTS

1. Supervisor Chapman reports on a conference call he participated in, along with Mayor Callegari, regarding construction of two medical needs prisons and proposals for transferring immigration problem inmates out of state. There is a proposal for two more Administrative Segregation (Ad Seg) units at High Desert State Prison and California Correctional Center - there is a proposal for mitigation fees and he provides information on the amount to be split between the city and county. Supervisor Hanson understood the funds were to be split between the city, county and schools and would like this placed on the next agenda for further discussion.

ANIMAL CONTROL REPORT

Deputy Public Works Director for Facilities Peter Heimbigner provides information on the number of dogs handled at the animal shelter and their disposition. Provides information on the process for tracking dog bites.

Documents are distributed on the statutory authority for animal control policies and procedures relating to dog bites and/or loose dogs. Mr. Heimbigner reviews the procedures used and the differences in procedures between accidental dog bites and vicious dog bites. He notes there are no longer any dogs in the county classified as vicious dogs.

Supervisor Keefer asks if the Animal Control Officer (ACO) keeps a log of daily activities and responses to calls, and if anyone is checking the number of calls coming in and the number of calls answered within 24 or 48 hours. Peter Heimbigner responds the short answer is no, except dispatch keeps track of calls received. Supervisor Chapman states that it seems the lack of tracking needs to be addressed - need to be accountable.

Deputy County Counsel Traci Witry states the county is on track with the code sections but there has to be a hearing for dog violation prosecutions and we no longer have a hearing officer. This has caused delays because getting a court hearing date takes time. Also notes the code does not require a dog to be put down. In past cases the court has placed restrictions on the dog rather than ordering destruction.

Supervisor Chapman feels a tracking system needs to be implemented now. Mr. Heimbigner states the involved departments are working together to improve the system.

Supervisor Keefer feels the private after hours reporting system needs improvement, but he has heard that under Sheriff Warren the Sheriff's Department is handling after hours problems.

CAO Ketelsen states the budget committee recommendation is to split the responsibilities between the Public Works Department and the Sheriff's Department.

Sheriff Warren states the animal control problem is vastly understated and there is no one person that can cover the number of calls and the vast area of the county. The calls are around 160 per officer. He gives statistics from other counties which vary from 40 - 100 per officer and none of these counties do anything proactive in regard to animal control. States that his estimate of the program costing $90,000 is grossly underestimated - feels it should be a stand-alone unit. He has spent some time considering the program needs and has determined it would require a minimum of three animal control officers and clerical support to make an impact on the problems. States that a "fix" will be expensive - estimates around $300,000.

Supervisor Chapman appreciates the Sheriff's candor and states the Board needs to know this.

Eileen Spencer introduces a 3 1/2 year old German Shepherd to the Board that she rescued from the shelter. He was picked up on July 6th (ran from the fireworks) and was scheduled to be euthanized on July 14th. She states he had not been cleaned and was very dirty and uncared for - feels the dog is very adoptable. She states that animals in the shelter are not being regularly examined by a Vet. Also states if a Vet puts down a dog that a bite card must be filled out. She feels it is critical to have activity logs. States she was recently told by the ACO that the officer would not be going in the field anymore and will be assigned to the animal shelter. She questions the statistics that were presented and states that accurate stats are needed.

Supervisor Pyle asks if there is any law requiring a Vet to examine animals at the shelter. County Counsel Craig Settlemire will check into this. Supervisor Pyle states it would be a large expense. Supervisor Chapman states that he was recently at the shelter and did not see any animals that caused him any concern.

Deputy CAO for Health and Social Services Kevin Mannel notes an MOU between the various agencies is being prepared - there is a need for further improvements - has assigned his quality control personnel to this.

Eileen Spencer states that she has established a kennel at her Westwood home where dogs can be surrendered and she will deliver them once a day to the shelter - notes the Sheriff deputies can drop off dogs also.

County Counsel Craig Settlemire reminds everyone for a citation to be issued there must be witnesses.

In regard to animals being examined by a Vet, Traci Witry notes the code requires the shelter must provide necessary and prompt Vet care.

Judy Robinson wants to see more dog catchers.

Recess 11:20 - 11:24 a.m.

AGRICULTURAL COMMISSIONER

Agriculture Commissioner Ken Smith requests a variance from the procedure for approving adulticide mosquito control due to the lack of dry ice used to preserve sample mosquitos for testing. He recommends Condition 3-WNV positive mosquito sampling be replaced with the following proposed emergency conditional measure: There shall be a consensus among the Agricultural Commissioner, County Health Officer, Department of Health Services-Vector-Borne Disease Section and the County Environmental Health Department that the WNV mosquito, Culex Tarsalis, is present in sufficient numbers, determined by trapping, to pose a threat to the health of the citizens of Lassen County. After all conditions are met, including the emergency conditional measure 3, the Lassen County Board of Supervisors will make a final decision on approval of adulticide treatment. He indicates that WNV is present in Lassen County as evidenced by confirmed positive testing in one bird and one horse. Average daily temperatures have been exceeding 70 degrees, allowing for the maximum replication and cycling of WNV. A consensus has been reached by the aforementioned parties that the numbers of WNV mosquitoes found by trapping poses a health risk. He provides information on the trap counts and locations from the most recent trapping.

Supervisor Chapman questions why adulticide use is recommended for only areas of Susanville, some of which had low numbers of trapped mosquitoes, when other areas outside of Susanville had larger numbers of WNV mosquitoes.

It is moved by Supervisor Keefer, seconded by Supervisor Hanson and carried, with Supervisor Chapman voting NO, to approve amendment to Mosquito Control Guidelines by adding an alternative condition under which emergency spraying procedures are recommended.

The second request is to authorize adulticide treatment for mosquitoes in sectors of Susanville as depicted on a submitted map. County Counsel Craig Settlemire indicates this action is not on the agenda but could be added, by a 4/5 vote, due to facts not known at the time the agenda was prepared.

It is moved by Supervisor Keefer and seconded by Supervisor Hanson to add the adulticide treatment approval as a late item due to facts that have arisen since the agenda was posted.

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

Chairman Pyle directs this matter be placed on the next agenda.

Sandy Pudlicki states that mosquitoes have been a horrendous problem this year in her neighborhood near Berry Reservoir. Money was collected from neighbors to purchase mosquito fish for placement in the reservoir, but they were not able to obtain any. She and neighbors would like to see the use of mosquito fish, with spraying as a backup after notification of intended spraying. She reads and submits a petition with 33 signatures that she collected in just two hours - found no one that was opposed to spraying. She reads a letter supporting spraying from a woman whose eight month old son was repeatedly bitten and submits pictures of the little boy.

Supervisor Chapman notes the proposed spraying area does not include the area near Berry Reservoir.

LASSEN COUNTY FISH AND GAME COMMISSION

A request is received from Lassen County Fish & Game Commission Chairperson Rob Hill to initiate work on General Plan Goal WE-A to "develop and implement a 'Lassen County Wildlife Resources Management Program'."

Chairman Pyle continues this to August 15, 2006 for a report from staff.

CONSENT CALENDAR

Supervisor Hanson requests that Item G-5, Pesticide Use Data agreement, be pulled from the consent calendar for separate consideration.

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 ITEMS

Approve Minutes of July 25, 2006.

PROPOSITION 65 REPORT

Receive and file report #06-02, filed by Mike Whipple, R.E.H.S., Environmental Scientist C, Lassen County Health Department - On July 14, 2006, the Lassen County Health Department received notification from the California Highway Patrol, Susanville, that less than one gallon of sodium hydroxide spilled at the Bogard Rest Area on State Route 44, in an unincorporated area of Lassen County. The product was isolated and the cleanup coordinated by a private hazardous waste cleanup company.

PROPOSITION 65 REPORT

Receive and file report #06-03, filed by Mike Whipple, R.E.H.S., Environmental Scientist C, Lassen County Health Department - On July 25, 2006 the Lassen County Health Department received notification from Chip Porter of Porter Geotechnical that test wells drilled at Wayside Inn, Standish, were tested positive for petroleum hydrocarbons. Time of the release of the petroleum hydrocarbons is not known. Cleanup and remediation of this site will be handled by Lassen County Health Department, Porter Geotechnical and the Lahontan Water Board.

AGRICULTURAL COMMISSIONER ITEMS

Approve and authorize Chairman to sign a thank you letter to State Secretary of Agriculture A. G. Kawamura.

BOARD OF SUPERVISORS ITEM

Adopt Proclamation commemorating the 80th anniversary of the completion of the Veterans Memorial Building and the hosting of the 1926 American Legion Conference.

HEALTH & SOCIAL SERVICES ITEMS

COMMUNITY SOCIAL SERVICES:

Approve and authorize the CAO to sign FY 2006/2007 Lease agreement with Alliance for Workforce Development, Inc. for property located at 2545 Main Street.

FAMILY & CHILDREN PROTECTIVE SERVICES

Approve a "Y" rating for Lisa Chandler allowing her to maintain her current pay and continue working and benefiting the Family & Children Protective Services Division.

MENTAL HEALTH DIVISION

Approve and authorize the CAO to sign Trading Partner Agreement with the State Department of Mental Health for Short-Doyle Medi-Cal HIPAA Transactions.

PUBLIC HEALTH DIVISION

Approve Agreement with Northern California EMS, Inc., for Health Resources and Services Administration National Bioterrorism Hospital Preparedness Program Local Funding for FY 2005/2006.

PROBATION DEPARTMENT ITEM

Approve travel authorization request for Probation Officer Kathy Voorhees to attend the mandatory Standards & Training for Corrections (STC) Core Training in Santa Rosa, August 28, 2006 - September 29, 2006, at the estimated cost of $3,631.

PUBLIC WORKS DEPARTMENT ITEMS

ROAD DIVISION

Approve purchase of 1995 Ford F-450 Bucket Truck from Plumas-Sierra Rural Electric Cooperative in the amount of $15,000; and authorize the Director of Public Works to sign agreement and transfer documentation.

Award bid for Traffic Beads to Potters Industries, Inc., Valley Forge, PA, the lowest bidder meeting specifications, in the amount of $21,471.45 for Traffic Beads.

Adopt Resolution No. 06-058, approving the execution of Program Supplement Agreement No. M030, in the amount of $50,000, allowing the County to continue with the preliminary engineering phase for the Skyline South Multi-Use Pathway project, which extends from State Route 36 to Alexander Avenue along the abandoned Union Pacific Railroad corridor, with eligible reimbursement from Federal and State funds.

SURVEYOR DIVISION - LEWIS

Adopt Resolution No. 06-059, approving Parcel Map #2005-118, Jacob and Michele Lewis.

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a. Lassen County Planning Commission meeting agenda for August 2, 2006.

b. Susanville City Council meeting agenda for August 2, 2006.

c. Lassen County Tall Whitetop Control/Funding Committee meeting agenda for August 7, 2006.