Summary Minutes s1

SUMMARY MINUTES BOARD OF SUPERVISORS 707 NEVADA STREET, SUSANVILLE JUNE 28, 2011

9:14 A.M. CALL TO ORDER

PRESENT: Supervisors Jim Chapman, Bob Pyle, Larry Wosick, Brian Dahle and Jack Hanson; County Administrative Officer (CAO) Tom Stone, Child Support Services Director Maria Carlomagno-Brice and Deputy Clerk of the Board Susan Osgood. Closed session adjourns at 9:42 a.m. Recesses: 12:16 p.m. – 1:32 p.m.

PUBLIC COMMENT: None.

ANNOUNCEMENT OF CLOSED SESSION: Public Employee Discipline/Dismissal/Release.

9:43 A.M. OPENING CEREMONIES: Following the flag salute, the invocation is offered by Chairman Chapman.

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION: Deputy Clerk of the Board Osgood reports: The Board met to discuss Public Employee Discipline/Dismissal/Release – No reportable action taken.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS CAO Stone requests Item H9 “Reorganization of Economic Development Department” be postponed to the July 19 meeting; he will be absent July 12. Supervisor Hanson requests the meeting be adjourned in memory of Marlene Wood, wife of Ed Wood and mother of Darrell and Dennis Wood and Diana Wood Wemple (Auditor’s office). ACTION: Approve agenda with noted changes. MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes

PUBLIC COMMENT: 1) Bill Noonberg: Reports that effective June 9 the Lassen Senior Services Board appointed him as the Interim Executive Director. They have been trying to straighten out problems with the program and center. The building has been closed but should open July 15; Meals on Wheels has been on-going. Presents further information and discussion is held. He invites everyone to come see the center. Supervisor Hanson: Thanks volunteers including Michelle Noonberg. 2) Poet Laureate Violet Stout: Reads her Fourth of July poem titled “WAKE UP – Senate Report 93-549 written in 1973”.

UNAGENDIZED BOARD REPORTS: Supervisor Dahle: 1) Presents information on the Chamber of Commerce Mixer at Mariners Resort, Eagle Lake. Discussed what is being done regarding the boat ramp and discussed Mariners sign problem with residents. 2) Presents information on the 2011 Golden State Star Party which will again be held at the Albaugh’s Frosty Acres Ranch June 29 through July 3 Star Gazers; it is an economic tool for the community. 3) Modoc District Ranger Lawrence Crabtree is transferring to the Plumas National Forest and would like a resolution scheduled for July meeting. Supervisor Wosick: 1) Presents information on the Coordination Committee that is being organized; they have been receiving applications. 2) Reports on a letter received from Jim Brown regarding Mountain Life Flight ability to provide service. Supervisor Pyle: Reports he is aware of and working on the issue. Information will be brought to the July 19 meeting. 3) Was unable to attend the Chamber Mixer; states he has contacted someone regarding Mariners highway sign; presents information. Supervisor Chapman: 1) Reports on his once in a lifetime experience as a crew member for the Race Across America team of Rick and Anna Stewart (local Susanville Supermarket IGA owners) on a record breaking bicycle race from Oceanside, California to Annapolis, Maryland. Notes Jeremy Couso did a wonderful job reporting details of the race on SusanvilleStuff.com WebXtra reports. 2) Discussion is held regarding request by Lassen Senior Services for a possible advance of funds due to State budgets. CAO Stone: Notes it would need to be done appropriately and will be brought back to the Board. 3) District 2 Fish and Game Commission member Jerry Dieter has resigned. Requests the Clerk advertise the vacancy for the regular member and alternate member which has been vacant. 4) The Soaring Eagle Blue Star Moms were invited by Assemblyman Dan Logue to a tour and yesterday several members attended an Assembly session where they were presented a resolution of appreciation. 5) Letter received from Susanville School District (SSD) Superintendent Jason Waddel states the SSD has formally agreed through board action to enter into negotiations to transfer the old pool site parcel and responsibility to the County. 6) Letter received from Bureau of Land Management (BLM) Eagle Lake Field Office Manager Ken Collum stating concern about the lack of Sheriff’s Department work crews. Suggests Sheriff Growdon (in audience) respond to the letter. 7) Received formal communication from Lassen County Local Agency Formation Commission (LAFCo) for their budget; will forward to Assistant to the CAO Julie Morgan.

PUBLIC HEARING - PLANNING / BUILDING SERVICES - PARCEL MAP #2008-084 AMEN/ONEY SUBJECT: Determine if Lassen County should exercise its rights granted by the Subdivision Improvement Agreement recorded as Lassen County Instrument number 2009-07269 and make improvements to East Hunt Road (Co. Rd. 411) required by the conditional approval of Tentative Parcel Map number 2008-084 (Grant Amen [Amen Family Trust]; Gregg and Kelly Oney). Said Agreement was entered into by Lassen County and the property owners to allow recordation of the Final Parcel Map, recorded at Book 42 of Maps, pages 92 and 93, prior to physical completion of the improvements to Hunt Road that were established as a condition of approval of the Tentative Parcel Map. As of this date, said improvements have not been completed as agreed to. The project site is located approximately 3.5 miles southwest of Adin, immediately south of East Hunt Road (County Road 411). APN(s): 003-060-54 and 003-060-55. ACTION REQUESTED: 1) Conduct a public hearing; 2) Adopt a resolution to: 1) Cause all uncompleted improvements required by the conditional approval of Tentative Parcel Map 2008-084 to be completed by the Lassen County Public Works Department; and b) Exercise the rights granted by the Subdivision Improvement Agreement to utilize the Security established by the Subdivision Improvement Agreement recorded at 2009-07269, to fund the required road improvements and all associated costs.

The public hearing is opened at 1:32 p.m.

Supervisor Dahle: States County Counsel advises he not participate in this matter; he steps down and sits in the audience.

Planning and Building Director Maurice Anderson: Presents details of staff report. A condition of the Tentative Parcel Map was that a road needed to be constructed. The applicant bonded out the road so as to not do it at that time; the bond expires in December and the subdivision improvement agreement needs to be acted on now. Notes discussion has been held with the applicant over last several months to discuss other options. The applicant’s encroachment is not for public use; it serves Mr. Amen only. The only way to revisit conditions is to do a new map and go through the process again, keeping the bond in place. Surveyor Brad Danielson: States the applicant could apply for another map, get an encroachment from Caltrans that would provide continuous access; a new map would need to be recorded.

John Sharrah (Civil Engineer representing Mr. Amen): States they would like to have today’s action extended so they can re-file a map with new conditions; they will extend the agreement and the surety guarantee and if they do not follow through, they would do the road as required by the first parcel map. They agree with staff’s report.

Discussion is held.

SPEAKERS IN OPPOSITION: Ron Hunt: Presents detailed information regarding Hunt Road. States concerns about danger of opening Hunt Road back up; wants it to remain closed through his property. Has discussed matter with Mr. Amen and Mr. Oney.

Greg Oney (partner with Grant Amen): Presents letters from neighbors to the Clerk for the record.

DOCUMENTS PRESENTED: Photos from Ron Hunt showing accident that occurred off of Hunt Road. Letter from Randy George stating no interest in re-opening Hunt Road. Letter from Donald and Kathlin Meyer stating they see no reason to develop the road.

SPEAKERS IN FAVOR: Greg Amen: States he originally was in a hurry and did not realize the road would be a problem for anyone; had gone to Caltrans for an easement but did not know there were different types. Would like to re-do this and file a new map and get a correct easement.

The public hearing is closed at 1:59 p.m.

Discussion is held.

FINAL AMENDED ACTION: Allow the applicants to renew their Subdivision Improvement Agreement and Security Bond for a 24 month extension conditioned on the approval of a new Tentative Parcel Map and recordation of a Final Parcel Map. During this process the applicant will come up with a plan that works to get the correct encroachment permits. If a revised Tentative Map application and amended draft Subdivision Improvement Agreement have not been submitted by October, the Board will consider adopting a resolution to require the road be improved as initially required using Security Bond to cover the costs of this construction.

MOVED BY: Wosick SECONDED BY: Hanson UNANIMOUS: No AYES: Chapman, Pyle, Wosick, Hanson ABSTENTIONS: Dahle NOES: None ABSENTEES: None

ADMINISTRATION SUBJECT: Draft Cooperative Fire Programs Fire Protection Reimbursement Agreement with California Department of Forestry and Fire Protection (CAL FIRE) for Office of Emergency Services Administration for the period of July 1, 2011 through June 30, 2012, based on a budget amount of $172,291. ACTION REQUESTED: Approve renewal of contract and authorize the Chairman to sign final agreement.

Lassen County Emergency Offices Chief David Junette: Presents detailed information to the Board regarding the 2011/2012 Emergency Services contract; what he has been working towards and his goals. Holds monthly Chief meetings with most fire districts. Discusses the Emergency Management Performance Grant (EMPG); notes the State has said the funding would remain the same as last year. States the increase over last year is because of his step raise and a change in the Administration fee (increase .9%, $11,800, maximum that would be charged). Presents details.

SPEAKERS: Lassen-Modoc Unit Chief / OES Director Brad Lutts (CALFIRE); Janesville Fire Protection District Chairman Chester “Chip” Jackson.

Extensive discussion is held.

Supervisor Wosick: Requests CAO Stone schedule a study session in September to look at alternatives to this contract for emergency services.

Supervisor Hanson: Would like the agreement termination be conditioned on whether the grant is received.

ACTION: Approve renewal of Cooperative Fire Programs Fire Protection Reimbursement Agreement with a language change that the County has a 30 day exit clause if the funding grant is not received and authorize the Chairman to sign the final agreement. MOVED BY: Wosick SECONDED BY: Dahle UNANIMOUS: Yes

SIERRA BUSINESS COUNCIL - MARTINI MORRIS SUBJECT: Sierra Nevada Geotourism Project presentation. ACTION REQUESTED: Receive presentation.

Sierra Business Council representative Martini Morris: Presents detailed information on Sierra Nevada Geotourism Project which is a collaboration between Sierra Business Council, Sierra Nevada Conservancy and National Geographic Society; is defined as tourism that sustains or enhances the geographical character of a place (environment, culture, aesthetics, heritage and well-being of residents). Presents information on what a project supporter is; states the project partners and residents of the Sierra Nevada are working to create a National Geographic map that features destinations unique to the region (restaurants, shops, museums, trails and events) and volunteer and recreational opportunities. Website: www.SierraNevadaGeotourism.org.

SPEAKERS: Sierra Nevada Conservancy Representative Linda Hansen.

Discussion is held. The Board agrees to participate in this project and requests a resolution be brought back for adoption on July 12.

HEALTH AND SOCIAL SERVICES - ENVIRONMENTAL HEALTH SUBJECT: Poultry production/slaughtering for retail sales at certified farmers’ markets. ACTION REQUESTED: Information only.

Lassen County Director of Environmental Health Alan Jones: Presents history and mission of Lassen County’s Environmental Health Department. Reports the California (CA) Retail Food Code (a portion of California Health and Safety Code) says all retail food facilities must be inspected and all food provided at a retail food facility must come from an approved source. Certified farmers’ markets are considered retail food facilities and fall under the jurisdiction of the California Retail Food Act.

He reviewed the code after an inquiry on poultry sales; was informed there was an exemption in the CA Food and Agriculture Code which allows small volume producers of poultry to sell them on their property or at certified farmers markets. States this is in conflict to the CA Health and Safety Code in that all food products must come from an approved source. Discussed with County Counsel Rick Crabtree who stated the CA Food and Agriculture Code did not exempt any poultry growers from the CA Health and Safety Code. CA Health and Safety Code is a separate code and cannot be exempted by another code. Lassen County Public Health Officer Dr. Kenneth Korver concurred. Has researched other counties: Yolo, Butte, Placer and Nevada Counties confirmed they do not allow the exemption, they require certification. Dr. Douglas Hepper (Branch Chief of the Meat, Poultry and Egg Safety Branch of the California Department of Food and Agriculture [CDFA]) stated in email that he does not consider an un-inspected poultry grower that has the exemption under this code to be an approved source. Lassen Land and Trails Trust (overseer of Susanville and Janesville certified farmers market) was informed of the findings that anyone that proposes to sell poultry at the local farmers markets must have their meat certified. The only way to certify poultry growing in the United States and California is either at USDA certification or Food and Agriculture Department certification or the meat is processed in a facility that has certification. The two regulations that apply are the CA Food and Agriculture Code and the California Retail Food Code.

Lassen County Public Health Officer Dr. Kenneth Korver: Presents information stating there are certain things that can be allowed under health requirements and some that cannot be allowed. A producer can sell live chickens, can take orders and sell from their house; they cannot kill chickens and put in a package for sale. It is the job of environmental agencies to determine what is safe and what is not safe. The Board of Supervisors have final right to this; the Health Department’s job is to present the scientific reasons why they do not recommend that and why they say that is not an approved source. If the Board allowed the exemption then they are the agency that would be responsible. He highly recommends the Board not allow that.

Jason Meadows (Trails End Farm): Distributes information to the Board including the California Agriculture Code dealing with poultry. Quotes information on exemptions relating to poultry sales at farmers’ markets; states information from the California Conference of Directors of Environmental Health is not State law. Requests the Board to tell the Health Department that the CA Agriculture Code is an applicable law and that they meet that because they are acceptable as an approved source. Has not had a complaint or single health issue in 10 years of selling poultry, 7 years at the farmers’ market. States they have professional farm liability insurance.

Extensive discussion is held.

Mr. Jones: In response to questions, states the California Conference of Directors of Environmental Health represents all 58 counties and several cities; this is the guideline put out by them; it is not state law.

Supervisors feel this process is similar to recent burn barrel and sprinkler system changes that were presented by associations. Concerns are stated regarding how a different producer treats their poultry.

Further discussion is held. The Board requests this item be brought back July 12 as an action item and that County Counsel review all information provided.

CONSENT CALENDAR ACTION: Take the noted action on the following Consent Calendar items: MOVED BY: Pyle SECONDED BY: Hanson UNANIMOUS: Yes

COUNTY CLERK ITEM - MINUTES ACTION: Approve Revised Minutes of April 19, 2011.

HEALTH AND SOCIAL SERVICES ITEM - ADMINISTRATION ACTION: Approve payment of invoice from Suniga Investigations for personnel investigations, in the amount of $11,638.14.

MISCELLANEOUS CORRESPONDENCE ITEMS ACTION: Receive and file the following correspondence: a. Application for Alcoholic Beverage License - Chuck's Railroad Room, 403 Ash Street, Westwood, California. b. Lassen County Fair Advisory Board meeting minutes of May 10, 2011. c. Lassen County Planning Commission and the Technical Advisory Committee (TAC) revised monthly meeting schedule for 2011 and application deadlines. d. Lassen County Alcohol & Drug Advisory Board meeting agenda for June 27, 2011 and minutes of May 9, 2011.

BOARD OF SUPERVISORS LETTER OF SUPPORT ACTION: Approve letter of support for Assembly Bill 44 (Galgiani and Logue) Inmates: release: notification and authorize the Chairman to sign with copies to Regional Council of Rural Counties (RCRC) and California State Association of Counties (CSAC). MOVED BY: Dahle SECONDED BY: Wosick UNANIMOUS: Yes

NORTHERN CALIFORNIA EMERGENCY MEDICAL SERVICES, INC. (NORCAL EMS) ACTION: Appoint Brian Dahle as Alternate Board member to Northern California Emergency Medical Services, Inc. MOVED BY: Pyle SECONDED BY: Hanson UNANIMOUS: Yes

SUPERVISOR PYLE ACTION: Adopt Resolution No. 11-024 affirming the commitment of the County of Lassen to water rights holders in the course of watershed restoration and management projects. MOVED BY: Pyle SECONDED BY: Hanson UNANIMOUS: Yes

EXPENDITURE APPROVAL ACTION: Approve requests. 1) Request by Supervisor Dahle to designate $250 to Little Valley Fire Protection District. (June 21, 2011) 2) Request by Supervisor Dahle to designate $250 to Northwest Lassen Fire Protection District. (June 21, 2011) 3) Request by Supervisor Dahle to designate $250 to Big Valley Fire Protection District. (June 21, 2011) 4) Request by Supervisor Dahle to designate $250 to Pitt River Rod & Gun Club. (June 21, 2011) 5) Request by Supervisor Dahle to designate $500 to Stones-Bengard Community Services District. (June 21, 2011) 6) Request by Supervisor Dahle to designate $500 to Mt. Valley Health Center for community wellness program. (June 21, 2011) MOVED BY: Pyle SECONDED BY: Hanson UNANIMOUS: Yes

PUBLIC WORKS DEPARTMENT AVIATION SUBJECT: Fiscal Year 2011/2012 Aviation Capital Outlay Budget Adoption. ACTION: Approve the Capital Outlay portion of the 2011/2012 Fiscal Year Aviation Budget in the amount of $540,000. MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes

CAPITAL PROJECTS BUDGET (Incorrectly listed as AVIATION on Agenda) SUBJECT: Fiscal Year 2011/2012 Budget Adoption for the County Park Projects within the Capital Projects Budget. FINAL AMENDED ACTION: Approve the portion of the 2011/2012 Fiscal Year Capital Projects Budget - Fund 150-1501 for the Park Bond Projects in the amount of $495,516 to continue construction projects. A short term loan is to be made from Prison Mitigation Funds or other suitable reserve accounts that are to be repaid as soon as State Parks money is paid to the County. MOVED BY: Dahle SECONDED BY: Pyle UNANIMOUS: Yes

ROAD SUBJECT: Fiscal Year 2011/2012 Partial Budget Adoption for Road Department. ACTION: Approve the Fiscal Year 2011/2012 Partial Road Budget in the amount of $10,822,000 ($1,255,000 Road Operating and $9,627,000 Road Construction). MOVED BY: Pyle SECONDED BY: Hanson UNANIMOUS: Yes

COUNTY CLERK - MINUTES ACTION: Approve Minutes of June 21, 2011. MOVED BY: Dahle SECONDED BY: Wosick UNANIMOUS: No AYES: Pyle, Wosick, Dahle, Hanson ABSTENTIONS: Chapman NOES: None ABSENTEES: None

INFORMATION FOR THE BOARD CAO Stone: 1) Attended Lassen Economic Development Council meeting with Supervisor Hanson June 16; has held initial meeting with some members of the Council to discuss how to move forward with private non-profit organization for economic development. 2) Presents information on email received from California State Association of Counties (CSAC) County Administrators’ Organization regarding proposed changes the State is trying to make to the Community Corrections Partnership planning process. 3) Supervisor Wosick: Asks when the tax sharing discussion would be held. CAO Stone: Hopes to put on July 19 agenda; he will be out of town on July 12. Is scheduled to meet with County Counsel Crabtree, Auditor Karen Fouch and Treasurer / Tax Collector Richard Egan to discuss financial ramifications of what has been proposed. Discussion is held. 4) CAO Stone: Will meet with Superintendent Waddell regarding the Roosevelt Pool site. 5) Discussion is held regarding signs to the Susanville Ranch Park. 5) Supervisor Chapman: Reports that Trail Coordinator Joel Rathje has already submitted a nomination of the Susanville Ranch Park to the Geotourism Project. 6) CAO Stone: Compliments Planning Department staff for looking for a workable solution regarding the Amen/Oney project. 7) CAO Stone: Reports the Chamber of Commerce did a great job on the Main Street Cruise; he entered his Army truck. 8) CAO Stone: Also attended the Blue Grass Festival at the Fairgrounds. Reports the fairgrounds looked wonderful; compliments Fair Manager Jim Wolcott. Receipts for money spent locally during the Festival were collected for a raffle; receipts showed about $40,000 spent during event.

ADJOURNMENT IN MEMORY There being no further business, the meeting is adjourned at 2:29 a.m. in memory of Marlene Wood.

______Chairman of the Board of Supervisors

ATTEST:

______Susan Osgood, Deputy Clerk of the Board