SUMMARY MINUTES BOARD OF SUPERVISORS 707 NEVADA STREET, SUSANVILLE OCTOBER 8, 2013

9:03 A.M. CALL TO ORDER

PRESENT:Supervisors Bob Pyle, Jim Chapman, Larry Wosick, Aaron Albaugh and Tom Hammond; County Counsel Rhetta Vander Ploeg, County Administrative Officer (CAO) Martin Nichols and Deputy Clerk of the Board Susan Osgood. Recesses: 10:30 a.m. – 10:35 a.m. (County Counsel Vander Ploeg enters 10:36 a.m.)

Closed session is held 9:04 a.m. – 9:16 a.m.

PUBLIC COMMENT: None.

ANNOUNCEMENT OF CLOSED SESSION: 1) Conference with Legal Counsel: Existing litigation pursuant to Government Code Section 54956.9: Schwarz v. Lassen County et al, California Eastern District Court, Docket No. 2:10-cv-03048-MCE-GGH. 2) Claims – Report.

9:30 A.M. OPENING CEREMONIES: Following the flag salute, the invocation is offered by Chairman Pyle.

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION: 1) Conference with Legal Counsel: Existing litigation pursuant to Government Code Section 54956.9: Schwarz v. Lassen County et al, California Eastern District Court, Docket No. 2:10-cv-03048-MCE-GGH. County Counsel Vander Ploeg reports: Reports this case has been closed; commends the Sheriff’s Department for their work on the case. 2) Claims – Report – No report out.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS: CAO Nichols reports Item G3 Report has an incorrect page attached; the matter will be brought to the Board October 15, 2013. Item G1 Minutes of Budget Hearings are not complete and will be brought back at a later meeting.

ACTION: Approve agenda with noted changes. MOVED BY: Albaugh SECONDED BY: Wosick UNANIMOUS: Yes

PUBLIC COMMENT: 1) Undersheriff John Mineau: Presents information to the Board regarding ordnance found last week in southern Lassen County; it was safely removed with help from Lassen County Office of Emergency Services and Explosive Ordnance Disposal (EOD) Detachment Fallon. It has been learned there is more ordnance in the same area; working to resolve this issue quickly. 2) Joe Lewis Wildman, Chief of Staff of California United Home Care: Introduces Florence Von Brandt, a home care provider in Lassen County; presents a petition for recognition for the Home Care Workers. 3) Barbara White: Presents letter and reads “Concerns on how Board Member Opinions are formed”.

UNAGENDIZED BOARD REPORTS: Supervisor Chapman: Welcomes Supervisor Tom Hammond to the Board. Supervisor Albaugh: 1) Reports on Regional Council Representatives of California (RCRC) meeting held in Tahoe. 1 2) Will be absent from the October 15 and October 22, 2013 meetings. 3) Welcomes Supervisor Hammond. Supervisor Hammond: 1) Attended Bureau of Prisons breakfast meeting. Supervisor Pyle: Welcomes Supervisor Hammond.

OFFICE OF EMERGENCY SERVICES (OES) - CHIEF ERIC EWING SUBJECT: Cooperative Fire Programs Fire Protection Reimbursement Agreement between the California Department of Forestry and Fire Protection (CALFIRE) and Lassen County to provide services for the County Office of Emergency Services for the period of July 1, 2013 through June 30, 2014.

OES Chief Ewing: Presents staff report and agreement request.

Supervisor Chapman: Notes there are references to “C. Jackson” that should be corrected.

CAO Nichols: Will be updating Lassen County’s emergency plan.

ACTION: Adopt Resolution No. 13-043 approving agreement and authorize the Chairman to sign. MOVED BY: Chapman SECONDED BY: Wosick UNANIMOUS: Yes

STANDISH-LITCHFIELD FIRE PROTECTION DISTRICT - VACANCY ACTION: Appoint Barbara Pierson to fill vacancy on the Standish-Litchfield Fire Protection District due to resignation of Edward Schuyler. MOVED BY: Hammond SECONDED BY: Wosick UNANIMOUS: Yes

CONSENT CALENDAR Items G1 and G3 were removed from the agenda. Supervisor Wosick requests Item G8 be removed for separate discussion. ACTION: Take the noted action on the following Consent Calendar items: MOVED BY: Hammond SECONDED BY: Albaugh UNANIMOUS: Yes

COUNTY CLERK ITEM PROPOSITION 65 REPORT ACTION: Receive and file report #13-03, filed by California Highway Patrol (CHP) Commander Lieutenant T. C. Mitchell on a September 12, 2013 incident. NOTIFICATION OF HAZARDOUS MATERIALS RELEASE: On September 24, 2013 California Highway Patrol (CHP) Commander Lt. T. C. Mitchell notified the Board of Supervisors that on September 12, 2013 at approximately 1400 hours, approximately 100 gallons of diesel fuel were spilled on the southbound dirt shoulder of US-395 south of Co. Rd. A-26. The cause of the spill is undetermined; it appears a commercial vehicle experienced a fuel leak on the dirt shoulder where it was contained at the bottom of a dirt drainage ditch. The responsible party drove from the scene. The contaminated area of dirt was 3-9 feet wide by 25 feet in length; clean-up was coordinated by California Department of Transportation and will be performed by USA Dig.

ADMINISTRATIVE SERVICES ITEM - RESOLUTION ACTION: Adopt Resolution No. 13-041 authorizing the sale of former Local Reuse Authority (LRA) property (Herlong) to Pezzullo & Smith, LLC.

AUDITOR AND TREASURER DEPARTMENTS ITEM - REPORT ACTION: Receive and file Treasurer's Fund Balance Report and Auditor's verification for the month of August, 2013.

2 BOARD OF SUPERVISORS ITEM - SUPERVISOR CHAPMAN ACTION: Adopt Resolution No. 13-042 approving participation in the 2013/2014 and 2014/2015 State/Local partnership program and the local priorities of the California Arts Council, and authorizing execution of grant contract with the California Arts Council.

CHILD AND FAMILY SERVICES (CFS) ITEM - AGREEMENT ACTION: Approve Lassen County Child and Family Services (CFS) Department and Lassen County Probation Department State Fiscal Year 2013/2014 Independent Living (ILP) Program Agreement with Lassen Community College, and authorize the CAO to sign.

PROBATION DEPARTMENT ITEM - MEMORANDUM OF UNDERSTANDING (MOU) ACTION: Memorandum of Understanding (MOU) between the Lassen County Office of Education and the Lassen County Probation Department. The State Department of Education Foster Youth Services (FYS) Grant has been awarded to the Lassen County of Education in the amount of $78,983, and authorize the Acting Chief Probation Officer to sign and date the MOU. The Lassen County Office of Education would like to acquire the expert services of the Lassen County Probation Department using the awarded FYS grant funds.

PUBLIC WORKS DEPARTMENT ITEMS PUBLIC WORKS ACTION: Award bid for Liquid Propane for various County facilities to Amerigas of Susanville, the lowest bidder, in the amount of $0.49/gallon (firm margin above Butane Propane News [BPN]) for the Bieber, Doyle, Herlong, Ravendale, Standish, Susanville and Westwood areas.

PUBLC WORKS ACTION: Award bid for Heating Oil, Diesel #2 for various County facilities to Ed Staub and Sons, the lowest bidder, in the amount of $0.219/gallon (firm margin above Oil Price Information Service [OPIS]) for Bieber area, Susanville area and Westwood area.

ROAD DEPARTMENT ACTION: 1) Authorize the Public Works/Road Department to proceed with the surplus and sale of the Rock Crusher and Related Heavy Equipment. 2) Authorize the Public Works Director to sign the Contract to Auction with Ritchie Bros. Auctioneers (America) Inc. upon approval by County Counsel.

TREASURER/TAX COLLECTOR ITEM - REPORT ACTION: Receive and file Treasurer's Investment Report for August, 2013.

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 through September, 2013 and the months of July 2012 through June 2013.

MISCELLANEOUS CORRESPONDENCE ITEMS ACTION: Receive and file the following correspondence: a. PSA 2 Area Agency on Aging meeting agenda for September 27, 2013. b. Lassen County Architectural Review Committee meeting agenda for September 30, 2013. c. Lassen County Planning Commission meeting agenda for October 2, 2013. d. Susanville City Council meeting agenda for October 2, 2013.

3 PLANNING AND BUILDING SERVICES - CONTRACT SUBJECT: Contract with Dudek of Auburn, CA, to complete an update of the Energy Element of the Lassen County General Plan for an amount not to exceed $152,430, utilizing Geothermal Funds. ACTION REQUESTED: Approve and authorize the Chairman to execute.

Supervisor Wosick: States concerns of using money from the Geothermal fund; feels there are other uses for this money. States a major driver of the plan should be the actual energy companies; they should have a voice in it. Presents email document dated October 8, 2013 with Invenergy and Energy Element information. Suggests possibly doing point #1 in the contract to review and analyze the current Energy Element for $9,900 instead of the whole contract for about $152,000. Would like suggestions that are more business friendly. Comments a new policy could be more restrictive to the current Energy Element; need to look at on a case by case basis. Feels the County could use the Geothermal money to promote and market the resources.

Planning and Building Services Director Maurice Anderson: Presents staff report; notes the Board approved the Dudek contract in June, 2013. Supports the idea as the energy element is to provide a better framework for future development. Feels there is a need to address where and what kind of energies the community and County want to support and this is an excellent framework. Dudek would try to identify where the County wants resources to go and would be doing significant environmental work that future developers would not have to do. Distributes document from Public Resources Code stating allowable uses for the Geothermal funds.

Supervisor Chapman: Presents historical information on alternative energy resources in Lassen County. Discusses tax credits and the need to beef up transmission corridors.

CAO Nichols: From an economic development view point the first policy question that should be answered is does the County want to be project ready for energy projects; believes that would be first thing investors would ask and would help to encourage energy development. If the Board moved forward with the contract, it would still go through the Planning Commission and necessary public input and go back to the Board before it is adopted.

Supervisor Pyle: Feels an updated Energy Element would be the first thing investors would look for; feels it is important and would help to develop the economy.

Supervisor Hammond: Discusses Plumas Sierra Rural Electric Cooperative project; feels private investors should do studies and should not be paid by taxpayers. Notes Sierra Army Depot is mandated to be 100% green by 2015.

Further discussion is held.

Direction is given to schedule a study session November 26, 1:30 p.m., directing staff to invite the consultant , Invenergy, other private developers, Federal agencies, all stakeholders, etc. to attend. No action is taken on the contract.

Extensive discussion is held.

SPEAKERS: Iona McCain.

COUNTY CLERK - MINUTES ACTION: Approve Minutes of September 24, 2013. MOVED BY: Albaugh SECONDED BY: Chapman UNANIMOUS: No AYES: Pyle, Chapman, Albaugh ABSTENTIONS: Wosick, Hammond NOES: None ABSENTEES: None 4 ADMINISTRATIVE SERVICES - LASSEN-MODOC FLOOD CONTROL DISTRICT The Board of Supervisors adjourns and convenes as the Lassen/Modoc Flood Control District.

SUBJECT: 2013/2014 Lassen-Modoc Flood Control District Budget Adoption.

Assistant to the CAO Julie Morgan: Presents staff report; notes Resolution No. 13-035 needs to be rescinded due to a lack of quorum at the September 17, 2013 meeting.

ACTION: 1) Rescind Resolution No. 13-035 approving the 2013/2014 Lassen-Modoc Flood Control Budget adopted on September 17, 2013, due to a lack of quorum. 2) Adopt Resolution No. 13-044 approving the 2013/2014 Lassen-Modoc Flood Control Budget in the amount of $30,000. MOVED BY: Albaugh SECONDED BY: Chapman UNANIMOUS: Yes

The Lassen/Modoc Flood Control District adjourns and reconvenes as the Board of Supervisors.

BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS SUBJECT: Fill board vacancies formerly held by Jack Hanson: Behavioral Health Advisory Board as alternate; Airport Land Use Commission as County Representative 2; Local Agency Formation Commission (LAFCo) as County Member 1; Long Valley Groundwater Management District; Lassen County Transportation Commission as alternate; Law Library Board of Trustees; Lassen County Air Pollution Control District Governing Board; Lassen Transit Service Agency as alternate; PSA 2 Area Agency on Aging as alternate.

Supervisor Pyle: Suggests Supervisor Tom Hammond be appointed to all committees previously held by Jack Hanson.

Supervisor Wosick: States he would like to take a small portion of the load and would like to be appointed to LAFCo.

ACTION: Appoint Supervisor Tom Hammond to the following Boards and Committees replacing Supervisor Jack Hanson: Behavioral Health Advisory Board as alternate; Airport Land Use Commission as County Representative 2; Long Valley Groundwater Management District; Lassen County Transportation Commission as alternate; Law Library Board of Trustees; Lassen County Air Pollution Control District Governing Board; Lassen Transit Service Agency as alternate; PSA 2 Area Agency on Aging as alternate.

MOVED BY: Chapman SECONDED BY: Wosick

MOTION IS AMENDED BY MAKER AND SECOND: Appoint Supervisor Larry Wosick to Local Agency Formation Commission (LAFCo) as County Member 1 replacing Supervisor Jack Hanson. UNANIMOUS: Yes

HONEY LAKE VALLEY RESOURCES CONSERVATION DISTRICT SUBJECT: Vacancies on the Honey Lake Valley Resources Conservation District (HLVRCD or RCD). ACTION REQUESTED: Provide direction to staff on process for making additional appointments to the HLVRCD Board of Directors.

Supervisor Pyle: Does not believe there is a vote on this item; states he will be abstaining from any discussion or vote.

5 CAO Nichols: There is another vacancy on the HLVRCD Board; this is not a meeting to make an appointment but a request for direction on how to proceed. Supervisor Wosick previously requested a letter sent to the district asking them to agree to do training for their board members; there has been no reply to the letter.

County Counsel Vander Ploeg: States Les Evans was appointed by the Board of Supervisors in accordance with the HLVRCD resolution. When Mr. Evans resigned, he left an unexpired term; that vacancy must be appointed by the Board according to statutory code (California Public Resources Code 9316). Presents additional information

Extensive discussion is held.

Supervisor Wosick: Suggests filling the vacancy and putting the selection process in the hands of the people being affected by the decisions made by that board.

County Counsel Vander Ploeg: The solution there would be when an expired vacancy comes up, the Board of Supervisors not appoint anyone; it would revert back to the RCD. The RCD are the only ones that can rescind the resolution giving the Board of Supervisors authority to appoint.

SPEAKERS: 1) Barbara White – Presents information on appointments. 2) Iona McCain – Comments on conflict of interest.

Deputy Clerk Osgood: States there are three applicants and one applicant cannot meet in October. The Clerk’s office will invite applicants to the November 12, 2013 meeting for interviews and a possible appointment.

CAO Nichols: Suggests two options: 1) ask Assembly member Dahle and Senator Gaines to try to amend this code section taking responsibility forcing the Board of Supervisors to make appointments for unexpired terms off the law and give discretion to turn that down; 2) authorize the CAO to have the Chairman sign a letter to HLVRCD that says in the event of any vacant terms, we will not be making any future appointments and encourage you to go to election. Local Agency Formation Commission (LAFCo) is conducting Municipal Services Review (MSR) on the whole district; does not know if that plays into that; the efficiency of the basic structure of the district can be brought up for discussion.

PLANNING AND BUILDING SERVICES - WILLIAMSON ACT SUBJECT: Report regarding status implementing Board Resolution No. 12-050 (Williamson Act Policies and Procedures) and Assembly Bill 1265. ACTION REQUESTED: 1) Receive report. 2) Provide direction if necessary.

Chairman Pyle: States he will not be voting on this item.

Chief Planner Gaylon Norwood: Presents staff report. Notes this is an informational item; a public hearing is scheduled for the October 22, 2013 meeting regarding Assembly Bill 1265. Notice has been sent to all property owners who own land restricted by Williamson Act Contracts. The Board will determine if Assembly Bill 1265 will be implemented this year allowing the Board to reduce the contract terms to 9 years or 18 years. Presents background information on the California Land Conservation Act of 1965 (the Williamson Act) and recent actions taken by Lassen County.

Supervisor Wosick: Requests using figures from the Lassen County Ag Report (2012 Lassen County Annual Crop & Livestock Report) in staff’s document for the public hearing scheduled for October 22, 2013.

6 Assessor Ken Bunch – Suggests the Board consider non-renewing contracts when they change ownership to ease out of the program.

Discussion is held.

SPEAKERS: Violet Stout: Asks about the “Agriculture Act”.

SHERIFF CONTRACT ACTION: Authorize the CAO to sign a professional services contract with Sierra Electronics, to outfit patrol cars with the necessary emergency equipment, in an amount not to exceed $18,130.60. This expenditure will come from the Patrol Budget. MOVED BY: Chapman SECONDED BY: Albaugh UNANIMOUS: Yes

CONTRACT ACTION: 1) Award the contract for "Lassen County Jail Roof Recoat" to Foam Experts Company, Shasta Lake, CA, the lowest bidder meeting specifications, in the amount of $152,750; 2) Authorize the Director of Public Works to sign the Agreement once it has been approved by County Counsel; and 3) Authorize the Director of Public Works to authorize Change Orders up to a "not-to-exceed" amount of $5,000 (approximately 3%) or a total contract not-to-exceed cost of $157,750. MOVED BY: Wosick SECONDED BY: Hammond UNANIMOUS: Yes

INFORMATION FOR THE BOARD OF SUPERVISORS 1) CAO Nichols: Introduces Health and Social Services(H&SS) Director Melody Brawley and Children’s Services Director Maria Carlomagno-Brice to present an update on how the federal shutdown may affect County operations; there is no direct affect at this time. H&SS Director Brawley: Notes the Social Services budget is taking the largest impact from the federal shutdown. Presents information on what will be paid for and notes programs that are not funded. Impact will be to Social Services Fund 120 and 121, Social Services Admin and Social Services Assistance; the State Department of Social Services has sufficient funding from Carryover Funds through October and is reviewing possible availability of State General Funds. Lassen County is estimated to have enough funds to get through the end of November or mid-December. It is expected money would be refunded; it is not guaranteed. Children’s Services Director Carlomagno-Brice: Notes the money impacted by the shutdown is what is used for operations, salaries and benefits of the majority of staff; it would mean whether doors stay open or not. Foster Care payments will continue for children in placement.

2) H&SS Director Brawley: Presents detailed information on the Affordable Care Act that was implemented October 1, 2013. Many initial problems have been resolved; State staff training has improved.

ADJOURNMENT There being no further business, the meeting is adjourned at 11:52 p.m. ______Chairman of the Board of Supervisors

DATE: ______ATTEST:

______Susan Osgood, Deputy Clerk of the Board

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