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State of California, County of Siskiyou Board of Supervisors Minutes, August 7, 2018

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State of California, County of Siskiyou Board of Supervisors Minutes, August 7, 2018 STATE OF CALIFORNIA, COUNTY OF SISKIYOU BOARD OF SUPERVISORS MINUTES, AUGUST 7, 2018 The Honorable Board of Supervisors of Siskiyou County, California, met in regular session this 7th day of August 2018; there being present Supervisors Lisa L. Nixon, Brandon Criss, Ed Valenzuela and Ray A. Haupt, County Administrator Terry Barber, County Counsel Edward J. Kiernan, and County Clerk and ex-Officio Clerk of the Board of Supervisors Colleen Setzer by Deputy County Clerk Wendy Winningham. The meeting was called to order by Chair Haupt. Pursuant to AB23, the Clerk announced that the Board members receive no additional compensation for sitting as members of the Siskiyou County Flood Control and Water Conservation District, County Service Area #4 and County Service Area #5. Agricultural Commissioner/Sealer of Weights James Smith led in the salute to the flag of the United States of America. Supervisor Michael N. Kobseff was present at 8:37a.m. CLOSED SESSION - Conference with labor negotiators pursuant to Government Code §54957.6, conference with legal counsel, anticipated litigation pursuant to Government Code §54956.9, initiation of litigation pursuant to Government Code §54956.9(d)(4), one case, conference with legal counsel, anticipated litigation pursuant to Government Code §54956.9, significant exposure to litigation pursuant to Government Code §54956.9(d)(2), four cases, conference with legal counsel, existing litigation pursuant to Government Code §54956.9(d)(1), ten cases, commenced at 8:30a.m., concluded at 9:55a.m., with action taken. REPORT ON CLOSED SESSION County Counsel Edward J. Kiernan announced that closed session concluded at 9:55a.m., with the following reportable action taken. With regard to item 2D, Conference with legal counsel, anticipated litigation pursuant to Government Code §54956.9, initiation of litigation pursuant to Government Code §54956.9(d)(4), one case, it was moved by Supervisor Haupt, seconded by Supervisor Nixon and unanimously carried to opt-in to the class action in Kane County, Utah v. United States, Court of Federal Claims, Case Nos. 17-1739C; 17-1991C (Consolidated) and to use class counsel Smith, Currie & Hancock LLP to represent the County. With regard to items 2F, 2G, 2H, 2I and 2J, Conference with legal counsel, existing litigation pursuant to Government Code §54956.9(d)(1), names of cases, respectively: Stanley Swenson vs. Siskiyou County, California, Siskiyou County Planning Commission et al., U.S. District Court, Eastern District of California, Case No. 2:08-CV-1675 JAM CMK PS; Keith Darrah, individually and as Trustee of the K.G. and L.C. Darrah Family 1990 Revocable Trust dated April 18, 1991 vs. County of Siskiyou; Terry Barber; Lavada Erickson; and Does 1-20. Siskiyou County Superior Court Case No. SCCVPO 11-01096; Darrah Logging, Inc., a California Corporation; Keith Darrah, individually and as Trustee of the K.G. and L.C. Darrah Family 1990 Revocable Trust dated April 18, 1991 vs. Siskiyou County; Terry Barber; Lavada Erickson; and Does 1-20. Siskiyou County Superior Court Case No. SCCVPO 13-01589; Keith Darrah, individually and as Trustee of the K.G. and L.C. Darrah Family 1990 Revocable Trust dated April 18, 1991 vs. Board of Supervisors of County of Siskiyou, and Does 1-100. Siskiyou County Superior Court Case No. SCCVCV 11-0461; Court of Appeal, Third Appellate District, Case No. C081199; and Michael Alan Clapp v. City of Dunsmuir, County of Siskiyou, et al, Siskiyou County Superior Court No. SCCVCV 10-0790, it was moved by Supervisor Kobseff, seconded by Supervisor Valenzuela and unanimously carried to substitute County Wendy Motooka, soon to be of Rivera & Associates, for counsel Robert Chalfant, who is winding down his practice to join George Hills Company. In addition, Mr. Kiernan advised that Supervisor Haupt recused himself during closed session for one exposure to litigation case and left the Board Chambers. VOLUME 75 ~ 155 ~ August 7, 2018 INVOCATION - Siskiyou County Sheriff Chaplain Linda Ripley provided the invocation. PRESENTATIONS FROM THE PUBLIC Klamath National Forest Supervisor Patty Grantham presented and summarized a seven-page packet of information, including several maps, related to local wildfire activity. Ms. Grantham provided various statistics (i.e. staffing, equipment, containment estimates, etc.) for the Natchez fire burning from Oregon into California. In addition, Ms. Grantham briefly summarized two recent vegetation management projects that were underway. Brief discussion followed between members of the Board and Ms. Grantham regarding the ongoing communication and updates between the County and the Forest Service. CONSENT AGENDA – Approved. At Supervisor Kobseff’s request, item Natural Resource’s Resolution related to the Endangered Species Program and the practice of "sue and settle", was pulled from the consent agenda for discussion. It was moved by Supervisor Criss, seconded by Supervisor Kobseff and unanimously carried, that the following consent agenda is approved, and the Chair and/or clerk authorized to execute/record any necessary documents: AGRICULTURE Approve agreement #18-0273-000-SA between California Department of Food and Agriculture and the Siskiyou County Agriculture Department to inspect all nursery stock at all producer/wholesale nursery location within the County and enforce all laws and regulation pertaining to nursery stock, with term July 1, 2018 – June 30, 2019 in the amount of $59,933 and authorize the Agricultural Commissioner to sign the agreement. ASSESSOR - RECORDER Approve Megabyte Annual Maintenance contract effective July 1, 2018, with the Chair authorized to sign. COMMUNITY DEVELOPMENT - PLANNING DIVISION Approve second addendum to Richard Tinsman’s contract and to authorize the Auditor to establish budget. COUNTY CLERK Adopt Resolution 18-78 accepting request from the Town of Fort Jones to consolidate its municipal election to be held on November 6, 2018 with the Statewide General Election, including a local measure and directing the County Clerk to conduct said election. COUNTY CLERK Adopt Resolution 18-79 accepting the request from the City of Mt Shasta to consolidate its municipal election to be held on November 6, 2018 with the Statewide General Election, including a local measure and directing the County Clerk to conduct said election. COUNTY CLERK Adopt Resolution 18-80 accepting request from the City of Dunsmuir to consolidate its municipal election to be held on November 6, 2018 with the Statewide General Election, including a local measure and directing the County Clerk to conduct said election. COUNTY CLERK Adopt Resolution 18-81 accepting the request from the City of Tulelake to consolidate its municipal election to be held on November 6, 2018 with the Statewide General Election and directing the County Clerk to conduct said election. Continued……… VOLUME 75 ~ 156 ~ August 7, 2018 CONSENT AGENDA – (continued) COUNTY CLERK Adopt Resolution 18-82 accepting the request from the City of Montague to consolidate its municipal election to be held on November 6, 2018 with the Statewide General Election and directing the County Clerk to conduct said election. COUNTY CLERK Adopt Resolution 18-83 accepting request from the City of Etna to consolidate its municipal election to be held on November 6, 2018 with the Statewide General Election and directing the County Clerk to conduct said election. COUNTY CLERK Adopt Resolution 18-84 accepting request from the City of Dorris to consolidate its municipal election to be held on November 6, 2018 with the Statewide General Election and directing the County Clerk to conduct said election. COUNTY CLERK Adopt Resolution 18-85 accepting request from the City of Yreka to consolidate its municipal election to be held on November 6, 2018 with the Statewide General Election and directing the County Clerk to conduct said election. COUNTY CLERK Adopt Resolution 18-86 accepting the request from the City of Weed to consolidate its municipal election to be held on November 6, 2018 with the Statewide General Election and directing the County Clerk to conduct said election. COUNTY CLERK Adopt Resolution 18-87 accepting the request from various special districts to consolidate their district elections to be held on November 6, 2018 with the Statewide General Election, for the purpose of electing directors and placing district measures on the ballot, and directing the County Clerk to conduct said elections. COUNTY COUNSEL Approve fifteenth addendum to professional services retention agreement with Nossaman LLP, increasing the compensation under the contract by $75,000 and authorize the Board Chair to execute same. DISTRICT ATTORNEY Approve a contribution to the Siskiyou County Community Services Council from DA-Asset Forfeitures and authorize Auditor to establish budget. GENERAL SERVICES - SANITATION Approve the ninth addendum to extend the operation of the Happy Camp Transfer Station for a one-year period from July 1, 2018 to June 30, 2019, and authorize the Chair to execute the contract. GENERAL SERVICES - TRANSPORTATION Authorize the Chair to execute the Authorized Agent Form, adopt Resolution 18-100 authorizing the County Administrator to execute all document necessary to obtain financial assistant provided by the State of Good Repair Program for the 2018/2019 cycle, authorize staff to accept the awarded funds and authorize the Auditor’s Office to establish the budget. HEALTH AND HUMAN SERVICES - BEHAVIORAL HEALTH DIVISION Approve request to delete Staff Psychologist I position
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