SHASTA COUNTY BOARD OF SUPERVISORS REGULAR MEETING

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1 10 January 15, 2013 SHASTA COUNTY BOARD OF SUPERVISORS Tuesday, January 15, 2013 REGULAR MEETING 9:00 a.m.: Chairman Kehoe called the Regular Session of the Board of Supervisors to order on the above date with the following present: District No. 1 - Supervisor Kehoe District No. 2 - Supervisor Moty District No. 3 - Supervisor Giacomini District No. 4 - Supervisor Schappell District No. 5 - Supervisor Baugh County Executive Officer - Larry Lees County Counsel - Rubin E. Cruse, Jr. Chief Deputy Clerk of the Board - Glenda Tracy Administrative Board Clerk - Linda Mekelburg INVOCATION Invocation was given by Pastor Andrew Callaway, Cow Creek Community Church. PLEDGE OF ALLEGIANCE Pledge of Allegiance to the Flag was led by Supervisor Giacomini. PUBLIC COMMENT PERIOD - OPEN TIME Jeanette Pringle and Lita Coulthart objected to a change in zoning prohibiting the outdoor growth of medical marijuana. REGULAR CALENDAR BOARD MATTERS 2012 EMPLOYEE OF THE YEAR HEALTH AND HUMAN SERVICES AGENCY-PUBLIC HEALTH COMMUNITY ORGANIZER CHRISTINE HAGGARD RESOLUTION NO At the recommendation of Health and Human Services Agency Public Health Branch Director Terri Fields-Hosler and by motion made, seconded (Baugh/Moty), and unanimously carried, the Board of Supervisors adopted Resolution No , which recognizes Health and Human Services Agency Public Health Community Organizer Christine Haggard as Shasta County s 2012 Employee of the Year.

2 January 15, ethics. Anderson City Council member Susie Baugh recognized Ms. Haggard due to her work JANUARY 2013 EMPLOYEE OF THE MONTH SENIOR DEPUTY DISTRICT ATTORNEY BENJAMIN HANNA RESOLUTION NO At the recommendation of District Attorney Stephen Carlton and Chief Deputy District Attorney Josh Lowery and by motion made, seconded (Moty/Baugh), and unanimously carried, the Board of Supervisors adopted Resolution No , which recognizes Senior Deputy District Attorney Benjamin Hanna as Shasta County s January 2013 Employee of the Month. CERTIFICATE OF RECOGNITION RICHARD FRANKS 2012 PLANNING COMMISSIONER OF THE YEAR The Board of Supervisors presented a plaque expressing appreciation to Planning Commissioner Richard (Dick) Franks, who was recently named 2012 Planning Commissioner of the Year for the northern section of the California County Planning Commissioner s Association to the Planning Commission in APPOINTMENT: PLANNING COMMISSION EUGENE (GENE) PARHAM By motion made, seconded (Giacomini/Moty), and unanimously carried, the Board of Supervisors appointed Eugene (Gene) Parham to the Shasta County Planning Commission as nominated by District 3 Supervisor Giacomini for a four-year term to January ITEMS PULLED FROM CONSENT CALENDAR Supervisor Kehoe stated the item regarding donation of a police canine and canine/handler training and the agreement with George McArthur and Christine McArthur were being pulled for discussion. CONSENT CALENDAR By motion made, seconded (Baugh/Moty), and unanimously carried, the Board of Supervisors took the following actions, which were listed on the Consent Calendar, as amended (Supervisor Baugh disclosed that, for the Waste Tire Amnesty Event grant, his wife, Suzie Baugh, is a member of the Anderson City Council, she receives a salary of $50 per month as a member of the Anderson City Council, and that neither he nor his wife have any financial interest in the agreement): Approved the minutes of the meeting held on January 8, 2013, as submitted. (Clerk of the Board) Reappointed Bob Nash to the Grazing Advisory Board for a term to expire January (Clerk of the Board) Approved and authorized the Chairman to sign a retroactive agreement with QSI 2011, Inc. d.b.a. Questys Solutions in the amount of $3, for Questys document imaging and text management software support from November 1, 2012 through October 31, (Clerk of the Board)

3 12 January 15, 2013 Approved and authorized the Chairman to sign a retroactive agreement with James Wyatt, Esq. at a rate of $170 per hour for legal services assigned by the County of Shasta from January 1, 2013 through December 31, 2015 or the completion of the matters and cases assigned by Shasta County, whichever is later. (County Counsel) Appointed Carla Serio as the Director of Environmental Health effective January 17, (Support Services) Approved and authorized the Chairman to sign an amendment, effective the date of signing, to the agreement with VOTC, Inc. d.b.a. Visions of the Cross to expand authorized alcohol and other drug treatment services to include outpatient services, increasing maximum compensation by $100,000 per fiscal year (for a new total not to exceed $165,000 per fiscal year) and retaining the original term through June 30, 2013, with two automatic one-year renewals; and an agreement with VOTC, Inc., d.b.a. Visions of the Cross in an amount not to exceed $100,000 per fiscal year to provide perinatal residential and outpatient alcohol and other drug treatment services from the date of signing through June 30, 2013, with two automatic one-year renewals. (Health and Human Services Agency (HHSA)-Adult Services) Adopted Resolution No , which approves and authorizes the Chairman to sign a retroactive Community Action Agency Community Services Block Grant (CSBG) agreement and any subsequent amendments with the California Department of Community Services and Development in the amount of $76,184 for the period January 1, 2013 through December 31, 2013 to provide services to persons living in poverty; approves and authorizes the Chairman to sign the Contractor Certification form; and approves and authorizes the Director of Housing and Community Action Programs to sign the CSBG certifications and reports. (Housing and Community Action Programs) Approved a budget amendment increasing appropriations and revenue by $50,000 in the Community Development Block Grant (CDBG) budget to prepare a business loan market analysis report. (Housing and Community Action Programs) Approved and authorized the Chairman to sign a retroactive agreement with Vigilant Canine Services International, LLC in an amount not to exceed $8,500 to purchase and train a new police canine for the period October 19, 2012 through October 18, Adopted Resolution No , which authorizes the Sheriff to sign a retroactive agreement and subsequent amendments (including retroactive) with the California Board of State and Community Corrections to administer the Anti-Drug Abuse Program in an approximate amount of $129,755 to partially fund the Shasta Interagency Narcotics Task Force for the period July 1, 2012 through June 30, 2013; approved a budget amendment decreasing revenues by $22,607 and appropriations by $31,825 in the Sheriff s budget, approved a budget amendment decreasing appropriations and revenue by $5,549 in the District Attorney budget and by $11,830 in the Probation budget; and authorized the Auditor-Controller to pay claims for expenses related to the grant, including participating agency costs. (Sheriff/District Attorney/Probation) For the Swede Creek Road at Little Cow Creek Bridge Replacement Project, approved plans and specifications, and directed the Public Works Director to advertise for bids; and authorized opening of bids on or after February 14, 2013 at 11:00 a.m. (Public Works) Adopted Resolution No , which approves and authorizes the Director of Resource Management to sign and submit a regional application to the California Department of Resources, Recycling, and Recovery (CalRecycle) on behalf of the County of Shasta and the Cities of Anderson and Shasta Lake for a Waste Tire Amnesty Event grant for Fiscal Year ; authorizes the County of Shasta to act as the lead agency on its own behalf and for its participating jurisdictions (the Cities of Anderson and Shasta Lake); authorizes expenditures and the Auditor-Controller to pay claims for expenditures; and approves and

4 January 15, authorizes the Director of Resource Management to sign all necessary grant-related documents, including the grant agreement in an approximate amount of $100,000 and payment requests. (Community Education Section) Approved an amendment to Shasta County Fire Department Procedure 5.10, Volunteer Response Stipend, to increase the stipend from $6 per call to $12 per call effective July 1, (County Fire) Approved and authorized the Chairman to sign a retroactive renewal letter of understanding in an approximate annual amount of $6,700 (due by October 1 each year) which aligns 13 local agencies in the 6 Northern California Counties of Lassen, Modoc, Shasta, Siskiyou, Tehama, and Trinity into the Shasta Cascade Regional Hazardous Materials Team for the period July 1, 2012 through June 30, 2017, with one optional five-year renewal; and approved and authorized the Shasta County Fire Warden to sign any amendments (including retroactive) to the letter of understanding. (County Fire) ACTION ON ITEMS PULLED FROM CONSENT CALENDAR SHASTA COUNTY FRIENDS OF K-9 DONATION AND TRAINING OF POLICE CANINE Sheriff Tom Bosenko expressed appreciation for the Shasta County Friends of K-9, who donated a Police Canine (K-9) and K-9/handler training, with a value of $8,500. By motion made, seconded (Schappell/Moty), and unanimously carried, the Board of Supervisors accepted donation of a police canine and canine/handler training in the amount of $8,500 from Shasta County Friends of K-9; and authorized the Auditor-Controller to make any required recording of receipt of the donation. (Sheriff) AGREEMENT: GEORGE McARTHUR AND CHRISTINE McARTHUR ASSESSOR S PARCELS NO AND LAND CONSERVATION (WILLIAMSON ACT) Assistant Director of Resource Management Rick Simon stated the agreement with George and Christine McArthur is the final step in recognizing the soil reclassification, transfer in ownership, and releasing a portion of their property from covenant restrictions. By motion made, seconded (Giacomini/Moty), and unanimously carried, the Board of Supervisors approved and authorized the Chairman to sign an agreement with George McArthur and Christine McArthur, as trustees of the 1993 George and Christine McArthur Revocable Trust, to place Assessor s Parcel No (238 acres) and a portion of Assessor s Parcel No ( acres) into the Land Conservation (Williamson) Act. (Planning Division) REGULAR CALENDAR, CONTINUED GENERAL GOVERNMENT ADMINISTRATIVE OFFICE/BOARD OF SUPERVISORS LEGISLATIVE UPDATE/SUPERVISORS REPORTS County Executive Officer (CAO) Larry Lees had no legislative update.

5 14 January 15, 2013 Supervisor Moty recently attended Sierra-Sacramento Valley Emergency Medical System Board and Northern Sacramento Valley Integrated Regional Water Management Board meetings by telephone. Supervisors reported on issues of countywide interest. ADMINISTRATIVE OFFICE MEDICAL MARIJUANA CULTIVATION County Executive Officer (CEO) Larry Lees explained that the Board of Supervisors enacted Ordinance SCC No on December 13, 2011, which set parameters on the cultivation of medical marijuana in the unincorporated areas of Shasta County. The Board of Supervisors requested a review of Shasta County Code Section , Medical Marijuana Cultivation, and its impact in Shasta County and consider amendments to Shasta County Code Chapter 17, Zoning, to further regulate the cultivation of medical marijuana. Shasta County Health Officer Dr. Andrew Deckert said that marijuana is hazardous to physical health, mental health, and community health. Public Health supports the recommendation to limit cultivation to within fully enclosed, detached accessory structures. Assistant Director of Resource Management Rick Simon stated that, due to insufficient staff, Shasta County s code enforcement officer was only able to respond to 50 percent of the 200 complaints reported in 2012 regarding alleged marijuana cultivation violations. Supervisor Schappell stated that teenage and adolescent usage of marijuana affects the brain, and he would like to see an education system to alert youth of the damage that will be done. Adult users of medical marijuana should not be restricted from their ability to purchase the product, and an advisory committee should be developed to assure fairness is addressed. In response to questions by Supervisor Baugh, Mr. Simon explained the time frame of the abatement process, noting that it can take up to several months before a hearing is accomplished. It has been being proposed that hearings be prescheduled throughout the year to allow the hearings to be held in a timelier manner. Sheriff Tom Bosenko stated numerous reports were received daily. Limited staff restricted the availability to send deputies with code enforcement officers. 10:24 a.m.: The Board of Supervisors recessed. 10:34 a.m.: The Board of Supervisors reconvened. Marcia Jones, Alexander Henderson, Joseph Kern, Jeremy Maughs, Jess Brewer, Rodney Jones, Rosemary Smith, Dr. Tammy Brazil, Hilary Criner, Nicole Nikda, Christina Fox, Rob McDonald, Steve Goodman, Tracie McWithey, Gina Munday, Susan Bryant, and Shay Duzenalk objected to a change in zoning prohibiting the outdoor growth of medical marijuana. Sobering Choice Coalition Project Director Cathy Grindstaff, Joann Owen, Cheri Beck, Kerrie Hoppes, Director of Shasta County Chemical People Betty Cunningham, Dolores Lucero, and Brooke Goforth agreed with prohibition of outdoor growth of medical marijuana. 11:55 a.m.: The Board of Supervisors recessed. 12:08 p.m.: The Board of Supervisors reconvened.

6 January 15, County Executive Officer Larry Lees noted the public will be provided additional time for input if the matter is forwarded to the Planning Commission. He discussed options for the Board of Supervisors to deliberate if the ordinance remains as written, such as to possibly increasing resources within Resource Management to determine if additional enforcement may take place, changing of violation to a lesser or greater charge, or changing the timeframes on nuisance abatement hearings. In response to questions by Supervisor Baugh, County Counsel Rubin Cruse explained that recent Court of Appeal decisions say that state law does not create a broad right to use marijuana without hindrance or inconvenience or confer an unfettered right to cultivate anywhere a person chooses. Various cities and counties have placed bans on outdoor growth of cultivation of medical marijuana. The current Shasta County Code states that violations are handled by the first violation being an infraction, the second violation is an infraction, and the third violation is a misdemeanor. One proposal is to make the first violation a misdemeanor. Supervisors Baugh, Moty, and Giacomini noted that the issue is to balance the rights of the citizens of Shasta County. Supervisor Moty expressed his support for speeding up the process of compliance and enforcement. Supervisor Moty also noted he is not in favor of requiring all medical marijuana to be grown indoors. Supervisor Schappell advocated that a community advisory board be developed to try to come to some conclusions, such as plant limitations and harsher penalties. He recommended tabling the proposed resolution to see if the curtailing of the marijuana grows is appropriate. Supervisor Giacomini suggested meeting with the cities of Redding, Anderson, and Shasta Lake to discuss some consistency with the ordinances. Supervisor Kehoe stated any advisory committee should be balanced and objective, and it should provide an analysis of the failure and successes of the present system. Mr. Cruse advised that because the recommendation of establishing an advisory committee is not on the agenda, this matter will need to return at a future meeting with staff directed to have a proposal to form a committee. Supervisor Baugh made a motion direct staff to prepare a board report regarding establishing an ad hoc advisory committee and return at a future meeting. Supervisor Moty seconded the motion. Supervisor Moty stated that establishment of a committee will cause a delay and will not resolve enforcement before the next growing season. Supervisor Schappell suggested not including the cities due to the City of Anderson having already outlawed outdoor growing, and he also suggested limiting the number of individuals participating in any advisory committee. Supervisor Baugh emphasized that any decision regarding the possible changes of the ordinance regarding the growth of medical marijuana will remain the responsibility of the Board of Supervisors, regardless of the formation of an advisory committee. Supervisors Giacomini and Kehoe requested the cities should be included in discussions regarding this matter. Supervisors Moty and Baugh said including the cities would not be helpful. Supervisor Kehoe suggested that a timeline be established for the ad hoc advisory committee. By motion made, seconded (Baugh/Moty), and unanimously carried, the Board of Supervisors directed staff to prepare a board report regarding establishing an ad hoc advisory committee and return at a future meeting.

7 16 January 15, 2013 Supervisor Baugh said the current ordinance is not adequate due to the ambiguity of which County staff enforces the violations, suggested that enforcement remain within the Resource Management department, and requested the issue of the funding be included in the future board report. Supervisor Moty made a motion to adopt a resolution to make amendments to the zoning plan in order to speed up the process of enforcement of the medical marijuana ordinance. Supervisor Giacomini seconded the motion. Mr. Lees inquired if the motion is for staff to continue working on plans for scheduling hearing dates to increase the timeframes for enforcement, which may include assisting Resource Management to possibly add additional code enforcement officer staff. Mr. Cruse advised that this will not need to be done by resolution. Supervisor Moty amended the motion to direct staff to develop plans in order that the enforcement actions occur in a timelier manner. Supervisor Giacomini seconded the amended motion. The motion passed unanimously. 1:10 p.m.: The Board of Supervisors recessed. 1:15 p.m.: The Board of Supervisors reconvened. LAW AND JUSTICE SHERIFF CALIFORNIA PUBLIC SAFETY PROCUREMENT 1033 PROGRAM HIGH MOBILITY MULTIPURPOSE WHEELED VEHICLES At the recommendation of Sheriff Tom Bosenko and by motion made, seconded (Baugh/Moty), and unanimously carried, the Board of Supervisors accepted three capital asset High Mobility Multipurpose Wheeled Vehicles (HMMWV), with a value of $47,989 each, and miscellaneous goods valued at $14, procured through the California Public Safety Procurement 1033 Program, with a combined value of $158,648.15, and authorized the Auditor- Controller to make any required recording of receipt of the assets. CLOSED SESSION ANNOUNCEMENT Chairman Kehoe announced that the Board of Supervisors would recess to a Closed Session to confer with legal counsel to discuss one case of anticipated litigation, significant exposure to litigation regarding a Claim of City of Anderson, pursuant to Government Code section , subdivision (c). Supervisor Baugh disclosed that his wife, Susie Baugh, is a member of the Anderson City Council, she receives a salary of $50 per month as a member of the Anderson City Council. 1:20 p.m.: The Board of Supervisors recessed to Closed Session. 1:27 a.m.: The Board of Supervisors recessed from Closed Session and reconvened in Open Session with all Supervisors, County Executive Officer/Clerk of the Board Larry Lees, and County Counsel Rubin Cruse, Jr. present.

8 January 15, REPORT OF CLOSED SESSION ACTIONS County Counsel Rubin Cruse, Jr. reported that the Board of Supervisors met in Closed Session to discuss anticipated litigation; however, no reportable action was taken. 1:28 a.m.: The Board of Supervisors adjourned. ATTEST: LAWRENCE G. LEES Clerk of the Board of Supervisors Chairman By Deputy