Board of Supervisors s3

SUMMARY MINUTES BOARD OF SUPERVISORS 707 NEVADA STREET, SUSANVILLE APRIL 9, 2013

9:03 A.M. CALL TO ORDER

PRESENT: Supervisors Jack Hanson, Bob Pyle, Larry Wosick and Aaron Albaugh; County Counsel Rhetta Vander Ploeg, County Administrative Officer (CAO) Martin Nichols and Deputy Clerk of the Board Susan Osgood. Supervisor Jim Chapman enters at 9:04 a.m. Interim Chief Probation Officer Jennifer Branning is present 9:06 a.m. – 9:22 a.m.

Closed Session is held 9:06 a.m. – 9:40 a.m. Recesses: 10:42 a.m. – 10:49 a.m.; 11:58 a.m. – 5:30 p.m.; 5:30 p.m. – 7:45 p.m.

PUBLIC COMMENT: Violet Stout questions comments on whether there are counties, mentions the gold fringe on the flag and other issues.

ANNOUNCEMENT OF CLOSED SESSION: 1) Conference with Legal Counsel: Existing litigation pursuant to Government Code Section 54956.9: Hammond v. Lassen County Registrar of Voters, Lassen Superior Court Case No. 56179. 2) Conference with Legal Counsel: Significant exposure to litigation pursuant to Government Code section 54956.9: 1 case. 3) Conference with Labor Negotiator Martin Nichols: May include the following bargaining units - ... e) Lassen County Peace Officer Supervisors Association (LCPOSA). 4) Claims – REPORT.

9:41 A.M. OPENING CEREMONIES: Following the flag salute, the invocation is offered by Chairman Hanson.

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION: CAO Nichols reports on the Closed Session: 1) Conference with Legal Counsel: Existing litigation pursuant to Government Code Section 54956.9: Hammond v. Lassen County Registrar of Voters, Lassen Superior Court Case No. 56179 – Board received a report on existing litigation. 2) Conference with Legal Counsel: Significant exposure to litigation pursuant to Government Code section 54956.9: 1 case – Staff briefed the Board. 2) Conference with Labor Negotiator Martin Nichols: May include the following bargaining units - ... e) Lassen County Peace Officer Supervisors Association (LCPOSA). – Did not get to discuss with Board; will bring back April 16, 2013. 3) Claims – REPORT – Report received. There were no reportable actions.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS: Supervisor Hanson requests the meeting be adjourned in memory of Max Ortega. ACTION: Approve agenda as amended. MOVED BY: Wosick SECONDED BY: Pyle UNANIMOUS: Yes

PUBLIC COMMENT: None.

1 UNAGENDIZED BOARD REPORTS: Supervisor Chapman: 1) Thanks the Board for covering for him while he was on vacation. 2) Has been listening to the CD of the March 26, 2013 meeting; appreciates the discussion held regarding the Lassen County Fire Safe Council (LCFSC); looks forward to seeing that issue being resolved soon. 3) Presents history and information on the 24th Annual Junior Fishing Derby to be held April 20, 2013 (5:30 a.m. – 3:00 p.m.) which is co-sponsored by Lassen County and the City of Susanville; from 500 to 960 kids have participated in past years. Invites the Board and members of the public to attend; they will be recruiting for new people to be involved. Supervisor Albaugh: 1) Reports the Joint Powers Authority (JPA) attempt for ambulance coverage in North County failed; one of the fire districts opted out. The hospital in Alturas said they are done with ambulance service as of June 30, 2013; one ambulance will be given to the Adin Fire Department and offered training, for non-transport use only. They are working on other ideas. 2) Appreciated the jail tour last month. 3) Will be attending New Supervisors training April 11 in Sacramento. Supervisor Pyle: 1) Reports on Lassen County Fire Safe Council (LCFSC) meeting he attended with Supervisor Wosick: states $1.3 million has been received this year in grants with $145,000 of that from Title III funds ($47,000 is for education in the Firewise program). Thinks the LCFSC will be reapplying for Title III funds. Presents further information on current projects. 2) Request to designate $500 to the Richmond Community Association. Supervisor Wosick: 1) Also reports on LCFSC meeting: very informative meeting; they have set aside some unrestricted funds to carry on the youth education programs. Was informed the audits performed do look at how allowable grant monies were spent. 2) Request to designate $250 to J and J Performing Arts for travel for the competitive dance team. Audience member Chuck McKay states J and J is a non profit organization; presents information noting the team performed in San Mateo with 200-300 dancers; they will dance in Reno in May and June. Supervisor Hanson: 1) Notes the Madeline Fire Protection District and Likely Fire Department are having similar emergency services issues as in North County; will attend a meeting April 10 on that issue. 2) Reports the Herlong Public Utility District (HPUD) is putting a water tower in Herlong; it should be completed by the April 30, 2013 tour of Sierra Army Depot. People wishing to attend tour should contact Regina Schaap in the Administration office. 3) Attended the Wolf Management Plan Stakeholders meeting in Redding put on by California Fish and Wildlife; it will be an ongoing issue. 4) Attended Lassen County Local Agency Formation Commission (LAFCo) meeting April 8 with Supervisor Chapman; feels LAFCo is running pretty well. Preliminary budget was approved; Lassen County’s contribution will be about $28,000. LAFCo should be completing the Municipal Services Review (MSR) and Sphere of Influence update for the HPUD and West Patton Village Community Services District by summer. Supervisor Chapman presents additional information.

CONSENT CALENDAR Eileen Spencer requests Item G7 be pulled; Supervisor Hanson pulls Item G12 and Supervisor Wosick pulls Item G14 for discussion. ACTION: Take the noted action on the following Consent Calendar items: MOVED BY: Wosick SECONDED BY: Pyle UNANIMOUS: Yes

COUNTY CLERK ITEMS - PROPOSITION 65 REPORT SUBJECT: NOTIFICATION OF HAZARDOUS MATERIALS RELEASE: On March 27, 2013, California Highway Patrol (CHP) Commander Lt. T. C. Mitchell notified the Board of Supervisors that on March 24, 2013 at approximately 0816 hours, approximately twenty gallons of diesel fuel were spilled on the eastbound dirt shoulder of SR-36 west of SR-44. The spill was a result of a commercial vehicle (tractor/trailer combination) attempting a U-turn and slipping into the drainage ditch. Fuel escaped from the overflow valve onto the dirt shoulder. The spilled fuel was self- contained in the large ruts made by the vehicle's tire. The clean-up was coordinated by California Department of Transportation and will be performed by Stonco Construction.

2 ACTION: Receive and file report #13-01, filed by California Highway Patrol (CHP) Commander Lieutenant T. C. Mitchell on a March 24, 2013 incident.

PROPOSITION 65 REPORT SUBJECT: NOTIFICATION OF HAZARDOUS MATERIALS RELEASE: On April 2, 2013, Claire Chapple, E.H.S., Lassen County Environmental Health Department notified the Board of Supervisors that on March 27, 2013 the homeowner at 1502 North Street, Susanville reported a kerosene leak of an unknown amount (caused by a leaking line on an aboveground home heating fuel tank. The leak has been repaired and Environmental Health is working with the homeowner with the clean-up. ACTION: Receive and file report #13-02, filed by Claire Chapple, E.H.S., Lassen County Environmental Health Department on a March 27, 2013 incident.

ADMINISTRATIVE SERVICES ITEM - RESOLUTION SUBJECT: Lassen Library District detachment of all county incorporated territory from its boundaries ACTION: Adopt Resolution No. 13-014 establishing the tax revenue exchange between Lassen County and the Lassen Library District.

AGRICULTURAL COMMISSIONER ITEMS AGREEMENT ACTION: Approve Cooperative Agreement with Caltrans for Noxious Weed control along State Highways in Lassen County, not to exceed $27,000 within three year time frame (July 1, 2013 through June 30, 2016), and authorize the Chairman to sign.

BID AWARD ACTION: Award bid to Helena Chemical Co., Inc., the lowest bidder meeting the specifications, in the amount of $16,820.06 for Herbicides.

BOARD OF SUPERVISORS ITEM - EXPENDITURE APPROVAL ACTION: Approve: 1) Request by Supervisor Pyle to designate $189.26 to Lassen County Public Works Department for street signs at Spalding Tract. 2) Request by Supervisor Hanson to designate $343.52 to Lassen County Public Works Department for snow removal at the Fort Sage Unified School District.

HEALTH & SOCIAL SERVICES ITEMS BEHAVIORAL HEALTH ACTION: Approve Mental Health Plan (MHP) Agreement #12-89370 with California Department of Health Care Services (CDHCS) for May 1, 2013 through April 30, 2018, and authorize the CAO to sign the contract.

BEHAVIORAL HEALTH ACTION: Approve agreement with Hilltop Recovery Services for Co-Occurring Disorder Inpatient Treatment Services for the remainder of Fiscal Year 2012/2013 and through Fiscal Year 2013/2014, and authorize the CAO to sign.

BEHAVIORAL HEALTH ACTION: Approve changes to the Mental Health Therapist job description.

PUBLIC WORKS DEPARTMENT ITEM AGREEMENT ACTION: 1) Approve the execution of Program Supplement Agreement No. N032, Rev. 1 to Administering Agency-State Agreement for Federal-Aid Projects No. 02-5907R, for the Realignment 3 of Mooney Road (County Road A-21), and authorize the Chairman to sign. 2) Adopt Resolution No. 13-015.

MISCELLANEOUS CORRESPONDENCE ITEMS ACTION: Receive and file the following correspondence: a. Lassen County Fair Advisory Board meeting minutes of March 12, 2013. b. Lassen County Planning Commission meeting agenda for April 3, 2013. c. Lassen County Architectural Review Committee meeting agenda for April 2, 2013. d. City of Susanville meeting agenda for April 3, 2013. e. Lassen County Mental Health Advisory Board meeting agenda for April 8, 2013. f. Lassen Transit Service Agency agenda for April 5, 2013. g. Lassen County Architectural Review Committee agenda for April 2, 2013 and Notice of Adjournment of Lassen County Architectural Review Committee for April 2, 2013.

BOARD OF SUPERVISORS ITEM - SUPERVISOR HANSON SUBJECT: Resolution in support of the Second Amendment and the Right of the People to Keep and Bear Arms. ACTION REQUESTED: Adopt resolution.

Eileen Spencer: Reads handout that is later distributed to the Board; states objections regarding the proposed resolution noting it is a very dangerous resolution to create or for the Supervisors to sign. Questions the resolution wording “The Board of Supervisors cannot abide by any law that violates the protections of the Second Amendment.”; feels the resolution would violate the law.

Don Armentrout (Susanville resident): Presents information regarding gun control history.

Violet Stout: Comments on counties, gold fringe on flag and martial law.

John Spencer: Addresses the intent of the resolution presented and his concern with language in the proposed resolution.

Supervisor Albaugh: Feels the resolution would uphold the Constitution as it is now and it would be speaking to State and Federal representatives for most of the constituents in his district.

ACTION: Adopt Resolution No. 13-016. MOVED BY: Albaugh SECONDED BY: Wosick UNANIMOUS: Yes

Supervisor Wosick: Agrees the resolution shows Lassen County’s endorsement for the Second Amendment; does not see anything in there that contradicts law.

Supervisor Pyle: Sees the Board as strongly supporting the second amendment as it is today; can not try to decide what it could be later.

Discussion is held.

Supervisor Chapman: Suggests two modifications to make a clearer statement: 1) Change the last whereas to read “WHEREAS, most of the residents of this County…” (formerly read “WHEREAS the residents of this County…”). 2) Under “NOW, THEREFORE, BE IT RESOLVED…” change to read: “…supports all discussion seeking new ideas to protect our citizens from violence without violating the protections of the Second Amendment.” (formerly read “supports all discussion seeking new ideas to protect our citizens from violence but cannot abide by any order, provision, law or agency initiative that violates the protections of the Second Amendment.”)

4 Requests the maker of the motion and the second amend their motion to include the revised wording as noted. Deputy Clerk of the Board reads the corrections to the wording.

AMEND MOTION AND SECOND: The Maker and Second agree to Supervisor Chapman’s modifications to the proposed resolution.

UNANIMOUS: Yes

PLANNING AND BUILDING SERVICES ITEM - MEMORANDUM OF UNDERSTANDING (MOU) SUBJECT: Memorandum of Understanding invoking cooperating agency status between Lassen County and the Bureau of Land Management (BLM) for development of the Resource Management Plan Amendments and Environmental Impact Statement for the proposed Greater Sage-Grouse National Planning Strategy, Northeastern California and Nevada Sub Region. ACTION REQUESTED: 1) Receive report. 2) Enter into a Memorandum of Understanding with the Bureau of Land Management.

SPEAKERS: 1) Jeff Fontana ( BLM Public Affairs Officer): Presents status report; notes the development of a draft Environmental Impact Statement (EIS) is moving along and they are close to getting an administrative draft out. Notes this agreement would supplement the one in place and is specific to the Greater Sage-Grouse. 2) Don Armentrout (Chairman, Lassen County Fish and Game Commission): If given an opportunity to help review the administrative draft of the EIS, he would make sure it is written to be consistent with the U. S. Fish and Wildlife Services (USFW) new guidelines. Has read the USFW document and will send it to anyone who wants it.

ACTION: Enter into a Memorandum of Understanding with the Bureau of Land Management on the Greater Sage-Grouse National Planning Strategy. MOVED BY: Chapman SECONDED BY: Wosick UNANIMOUS: Yes

SHERIFF'S DEPARTMENT ITEM - PURCHASE SUBJECT: Purchase of 15 new vehicles to replace fleet vehicles assigned to various departments. This is a contract price purchase through the State Department of General Services. The total purchase price for all vehicles is $331,045. This purchase will be paid from Motor Pool and Public Works budgets (135-0352-3006200 and 100-0221-3006200).

Supervisor Wosick: Requested the item be removed for separate discussion so the public could be made aware of the process and why the purchases were not made locally. Hopes local vendors would become interested in getting on a list to offer vehicles.

Undersheriff John Mineau: Notes the sales tax revenues go to the County. Reports the Sheriff’s office takes care of the County fleet (maintenance, services, tires, etc.) with a Correctional Officer supervising a crew of inmates; they also coordinate replacement purchases. All County departments, except Road, pay some mileage charge specific to maintenance and some mileage charge specific to replacement. Explains the purchasing process with California Multiple Award Schedules (CMAS). Discussion is held.

ACTION: Authorize the purchase of 15 fleet replacement vehicles (CMAS 1-13-23) in the amount of $331,045. MOVED BY: Wosick SECONDED BY: Pyle UNANIMOUS: Yes

LASSEN COUNTY FISH AND GAME COMMISSION SUBJECT: Draft resolution to approve and establish 2013 By-Laws for the Lassen County Fish and Game Commission. 5 Don Armentrout (Chairman, Lassen County Fish and Game Commission): Per Board of Supervisor direction, changes were made to the Lassen County Fish and Game Commission resolution with the By-Laws included in the resolution.

Discussion is held.

CAO Nichols: Suggests changes: 1) On page 2 of resolution regarding secretary pay, change wording “shall be paid” to “may be paid”; and add phrase “pursuant to an agreement approved by the County” at the end. 2) On page 3 regarding Announcement of the schedule of public meetings…, add at the end “pursuant to California State Open Meeting laws.” Under Regular meetings of the Commission, location should state “(usually the Board of Supervisors Chambers)”.

ACTION: Adopt Resolution No. 13-017 with noted changes. MOVED BY: Chapman SECONDED BY: Wosick UNANIMOUS: Yes

COUNTY CLERK - MINUTES ACTION: Approve Minutes of March 26, 2013. MOVED BY: Albaugh SECONDED BY: Pyle UNANIMOUS: No AYES: Hanson, Pyle, Albaugh, Wosick ABSTENTIONS: Chapman NOES: None ABSENTEES: None

ADMINISTRATIVE SERVICES - BUDGET SUBJECT: 2012/2013 Recommended Budget Adjustments. ACTION REQUESTED: Approve recommended budget adjustments. (4/5 vote required)

Assistant to the CAO Julie Morgan: Presents information on staff requests for budget adjustments; Health and Social Services previously had their budget adjustments approved. 1) Planning and Building Services requests a budget transfer from Planning to Building budget units in the amount of $57,500. 2) The Agricultural Commissioner overstated their federal revenues and requests reducing the revenues which will impact carryover funds projected for end of year. 3) Transactions needed to close out the Local Reuse Authority fund; this does not affect actual cash. Supervisor Chapman notes by this action the Board is waiving repayment of previous funds that were supposed to be paid back. Ms. Morgan states the action is to take the liabilities off the books. 4) Administrative Office is asking for a $5,000 adjustment to come from General Fund Provision for Contingencies due to the CAO’s amended contract. 5) The Jail Hospital budget needs an additional appropriation; discussion is held on Realignment. 6) District Attorney requests $15,000 for contract for expert witness services for a homicide case; and $25,000 for ongoing drug and alcohol testing fees charged by Department of Justice. No previous appropriations were made on these items. Notes corrections to some account numbers listed in her report.

Discussion is held.

ACTION: Approve recommended budget adjustments. MOVED BY: Wosick SECONDED BY: Pyle UNANIMOUS: Yes

BOARD OF SUPERVISORS APPOINTMENT SUBJECT: Appointment of County representative to the Indian Gaming Local Community Benefit Committee. ACTION: Appoint Supervisor Aaron Albaugh as County representative and approve the current list of representatives as submitted. MOVED BY: Wosick SECONDED BY: Pyle UNANIMOUS: Yes 6 SUPERVISOR HANSON SUBJECT: Resolution opposing listing of Gray Wolves (Canis lupus) under the California Endangered Species Act.

Extensive discussion is held regarding Gray Wolves in Lassen County and possible changes to the proposed resolution.

ACTION: Adopt Resolution No. 13-018 opposing listing of Gray Wolves (Canis lupus). MOVED BY: Wosick SECONDED BY: Pyle

SPEAKERS: 1) Violet Stout. 2) Don Armentrout – cannot support suggested changes.

AMENDED ACTION: Adopt resolution striking out the word “Gray” in the third WHEREAS. MOVED BY: Albaugh SECONDED BY: Wosick UNANIMOUS: No AYES: Albaugh ABSTENTIONS: None NOES: Hanson, Pyle, Chapman, Wosick ABSENTEES: None

VOTE ON ACTION: Adopt Resolution No. 13-018 opposing listing of Gray Wolves (Canis lupus). UNANIMOUS: Yes

COUNTY ADMINISTRATIVE OFFICE – LEGISLATION SUBJECT: Request for policy direction on Extended Producer Responsibility (EPR) Legislation.

CAO Nichols: Notes the basic idea is to make the producer of a product responsible for it’s disposal and end cost; laws are already in place in California for tires, etc. Is unclear on the Board’s policy.

Supervisor Chapman: Requests this item be continued so he can research the matter.

JOINT MEETING WITH FAIR ADVISORY BOARD, BOARD CHAMBERS, 707 NEVADA STREET PRESENT FROM LASSEN COUNTY: Supervisors Hanson, Pyle, Chapman, Albaugh and Wosick, CAO Martin Nichols, County Counsel Rhetta Vander Ploeg, Deputy Clerk of the Board Susan Osgood. The Board of Supervisors reconvenes the meeting at 5:30 p.m. and Chairman Hanson turns the meeting over to Fair Advisory Board Chairperson Dena Wemple. Following the flag salute, the meeting is convened.

FAIR BOARD MEMBERS PRESENT: Chairperson Dena Wemple, Dan Douglas, Becky Albaugh, Jose Pena, Brett Smith, Cheryl Lauritsen, Tom Neely, Curt Moran and Todd Eid; Fair Manager Jim Wolcott and Administrative Secretary Dany Carson.

AGENDA APPROVAL ACTION: Approve agenda as posted. MOVED BY: Eid SECONDED BY: Douglas UNANIMOUS: Yes

PUBLIC COMMENT None.

CONSENT CALENDAR ACTION: Approve Consent Calendar as posted. MOVED BY: Eid SECONDED BY: Neely UNANIMOUS: Yes

7 CORRESPONDENCE Fair Manager Wolcott: For the last few years Girl Scout cookies are unloaded and distributed at the fairgrounds; three of the troops brought handmade thank you notes and a box of Girl Scout cookies in appreciation.

INFORMATIONAL SESSION ON CALIFORNIA FAIR SERVICE AUTHORITY (CFSA) CFSA Deputy Executive Officer Rebecca Desmond and Risk Manager Charles Mitchell: Provide detailed information and power point presentation regarding insurance and other services provided to the Lassen County Fair. Extensive discussion is held.

A.R. DANES AND JANESVILLE SCHOOL FUNDRAISER Discussion is held on request to use facilities for a music festival and fundraiser; it could be one of three events donated by the Fair each year. ACTION: Allow A. R. Danes and Janesville School the use of the fairgrounds as a donated event. MOVED BY: Pena SECONDED BY: Douglas UNANIMOUS: Yes

2013 FAIR LOGO Discussion is held regarding selection of 2013 Fair Logo from those presented. ACTION: Make changes as noted to selected logo. MOVED BY: Albaugh SECONDED BY: Douglas UNANIMOUS: Yes

EXPENDITURES ON 183 FUNDS Request to approve $20,000 expenditure for Jensen Hall Parking Acrylic Pavement Sealer Bid to Hat Creek Construction. Will be brought to the Board for approval. ACTION: Approve expenditure of funds to Hat Creek Construction, the lowest bidder meeting specifications. MOVED BY: Douglas SECONDED BY: Moran UNANIMOUS: Yes

COMMITTEE REPORTS Executive: No report. Livestock: Curt Moran reports: Meeting held March 26, 2013; discussion on Quarterhorse Show; they have new manager. Building a new platform; being made by California Correctional Center (CCC). Discussed purchasing a scale; may have found one probably for less money. Would be used for sheep and goats; current one cannot certify. Next meeting 4:30 p.m. Tuesday April 30 at Fair Office. Long Range Planning/Site: No report. Exhibits: Tom Neely reports: Has really been promoting exhibits; discussion on having the Science Fair students come and do demonstration; adding duct tape art as a new exhibit item. Next meeting 5:30 p.m. April 22, Fair Office. Commercial/Entertainment Report: No report; next meeting 5:30 p.m. April 30, Fair Office. Auto Racing: Another meeting will be scheduled.

MANAGER’S REPORT Fair Manager Jim Wolcott: Budget discussed; potentially looking for $76,000. Grant for stall mats was submitted to the State for reimbursement; all barns but one were done. Bluegrass: Advertising placemats will be put in local restaurants. The Chris Gardner Band will do a Wednesday night show in conjunction with the Lassen County Arts Council. Mike and Kathy Justice are building a greenhouse; the Fair Advisory Board will help out. The “RemarkaBULL” by Jensen Hall is being repainted by the California Correctional Center (CCC). Car racing: Have gone from 11 to 8 races; if not making money by the end of May, will not continue.

8 MATTERS BY THE BOARD Tom Neely: Having a great year; attended the Western Fair Association Convention in January; brought back a lot of information that was really good. Thanks everybody for their hard work. Curt Moran: Thanks Board for their interest in the Fair and for coming to Advisory Board meetings. Todd Eid: No comment; good meeting. Brett Smith: Thanks the Board for meeting tonight; appreciates Advisory Board for working hard. Cheryl Lauritsen: Thanks Board for the support of the Fair and Advisory Board members for their hard work. Jose Pena: Thanks Board for believing in Advisory Board and what they are trying to do. Becky Albaugh: Thanks Dany and Jim who are doing more jobs than they were every hired to do; thanks to Jim for bringing Rebecca Desmond and Charlie Mitchell for the CFSA presentation. Dan Douglas: Also thanks for the CFSA presentation; it was good information. Thanks Supervisor Pyle for having faith in him and re-appointing him; Advisory Board has a good cohesive working environment. Supervisor Wosick: Understands how much work it takes to organize an event; the Fair is great; the grounds looked amazing. Supervisor Pyle: Advisory Board works great together, that is why Dan was re-appointed. Supervisor Albaugh: Thanks Advisory Board; notes they put in a lot of time; thanks Jim and Dany; the work they do is acknowledged and appreciated. Supervisor Chapman: Session like tonight (CFSA) is profound; thanks Advisory Board and staff for doing what they can to preserve the institution for other generations; the Fair is part of the American lifestyle; notes the Lassen County Fair meant a lot to his dad. Supervisor Hanson: Echoes other Supervisor’s comments; states the Board of Supervisors have a passion for the Fair and if possible the resources will be there to make it happen.

ADJOURNMENT IN MEMORY There being no further business, the meeting is adjourned at 7:45 p.m. in memory of Max Ortega.

______Chairman of the Board of Supervisors

ATTEST:

______Susan Osgood, Deputy Clerk of the Board