STATE OF CALIFORNIA, COUNTY OF SISKIYOU BOARD OF SUPERVISORS MINUTES, AUGUST 9, 2016

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1 STATE OF CALIFORNIA, COUNTY OF SISKIYOU BOARD OF SUPERVISORS MINUTES, AUGUST 9, 2016 The Honorable Board of Supervisors of Siskiyou County, California, met in regular session this 9 th day of August 2016; there being present Supervisors Grace Bennett, Brandon Criss, Michael N. Kobseff, Ed Valenzuela and Ray A. Haupt, County Administrator Terry Barber, County Counsel Brian L. Morris 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 Bennett. Pursuant to AB23, the Clerk announced that the Board members receive no additional compensation for sitting as members of the Siskiyou Power Authority. District Attorney Kirk Andrus led in the salute to the flag of the United States of America. CLOSED SESSION - Conference with legal counsel, anticipated litigation pursuant to Government Code , significant exposure to litigation pursuant to Government Code (d)(2), one case, conference with labor negotiators pursuant to Government Code , Personnel pursuant to Government Code 54957, commenced at 8:30a.m., concluded at 10:00 a.m., with no action taken. REPORT ON CLOSED SESSION County Counsel Brian L. Morris announced that closed session concluded at 10:00a.m., with no reportable action taken. INVOCATION Supervisor Kobseff provided the invocation. CONSENT AGENDA Approved. At Supervisor Kobseff s request, item 5G Health and Human Services/Behavioral Health s request to provide stand-by pay in certain instances, was pulled from the consent agenda for discussion. At Supervisor Haupt s request, item 5H Health and Human Services/Public Health s agreement with the California Department of Public Health for the Childhood Lead Poisoning Prevention Program was pulled from the consent agenda for discussion. It was moved by Supervisor Kobseff, seconded by Supervisor Haupt and unanimously carried, that the following consent agenda is approved, and the Chair and/or clerk authorized to execute/record any necessary documents: AUDITOR-CONTROLLER Approve contract with Smith & Newell CPAs, in the amount of $47,000 for fiscal year 2016/2017 and $48,750 for fiscal year 2017/2018 for auditing services covering the 2015/2016 and 2016/2017 fiscal years. COUNTY LIBRARY Approve request to ratify grant application for the California Library Literacy Services funding, accept the $18,000 as revenue and authorize the Auditor to establish the appropriations. DISTRICT ATTORNEY Adopt Resolution authorizing the District Attorney's Office to apply for, accept and manage the County Victim Services Program grant, in the amount of $220,931 for FY 16/17 and FY 17/18, and authorize the Auditor-Controller to establish appropriations for County Victim Services grant. Continued. VOLUME 74 ~ 133 ~ August 9, 2016

2 CONSENT AGENDA (continued) GENERAL SERVICES Authorize Personnel to hire Bruce Mitzel as Extra Help General Services Technician at Step 4 of the salary range, effective September 1, 2016 (for the pay period beginning August 28, 2016). HEALTH AND HUMAN SERVICES - BEHAVIORAL HEALTH DIVISION Approve second addendum to contract with The Sail House to incorporate additional rates and language as identified in the addendum. HEALTH AND HUMAN SERVICES - BEHAVIORAL HEALTH DIVISION Approve second addendum to contract with Northern Valley Catholic Social Services, extending the term through June 30, 2017, increasing the contract by $25,000 and amending certain contract language related to training attendance. PUBLIC WORKS Approve second addendum to agreement for engagement of legal services with Radoslovich Parker Turner, PC, increasing the agreement by $80,000, to a total amount not to exceed $130,000. TRANSFER OF FUNDS - Courthouse and Grounds - $2,690. Resolution adopted. TRANSFER OF FUNDS - STAGE - $25,000. Resolution adopted. HEALTH AND HUMAN SERVICES - BEHAVIORAL HEALTH DIVISION - Approve request to compensate the Behavioral Health Services Director and Deputy Director in the form of stand-by pay when filling in for vacant Site Supervisor for after-hours crisis and/or during staff shortages, at the rates identified on the agenda worksheet. Dropped from the agenda. This item was pulled from the consent agenda at Supervisor Kobseff s request. In response to Supervisor Kobseff, Deputy County Clerk Wendy Winningham clarified that the item was to be dropped from the agenda at the County Administrator s request. It was moved by Supervisor Kobseff, seconded by Supervisor Haupt and unanimously carried that the request to compensate the Behavioral Health Services Director and Deputy Director in the form of standby pay when filling in for vacant Site Supervisor for after-hours crisis and/or during staff shortages, at the rates identified on the agenda worksheet was dropped from the agenda. HEALTH AND HUMAN SERVICES - PUBLIC HEALTH DIVISION - Approve amendment to agreement with the California Department of Public Health for the Childhood Lead Poisoning Prevention Program, increasing the compensation by $47,305 for a total not to exceed $175,333 for a term expiring June 30, Approved. This item was pulled from the consent agenda at Supervisor Haupt s request. In response to Supervisor Haupt regarding the lead poisoning prevention efforts in Siskiyou County, Director of Public Health Terri Funk and Health and Human Services Agency Director Stacey Cryer summarized various lead poisoning prevention activities. Discussion followed between members of the Board, Ms. Funk and Ms. Cryer regarding the need to be aware of possible lead contamination in lead-based paint in older homes/buildings, in candies that may be prepared in countries outside of the United States and in plumbing fixtures for drinking water. Continued.. VOLUME 74 ~ 134 ~ August 9, 2016

3 HEALTH AND HUMAN SERVICES - PUBLIC HEALTH DIVISION (continued) It was moved by Supervisor Haupt, seconded by Supervisor Kobseff and unanimously carried to approve contract amendment with the California Department of Public Health, authorizing the Board Chair to sign the amendment and authorizing the Auditor to establish budget appropriation. PRESENTATIONS FROM THE PUBLIC Sheriff John Lopey provided an update regarding recent efforts related to marijuana, including notices to abate issuance, plants, processed marijuana and other illicit drugs that were seized from private and some public lands. Additionally, Sheriff Lopey advised of working with the California Department of Fish and Wildlife regarding the potential negative environmental impacts to water and the land associated with marijuana cultivation. Community Development Director Greg Plucker provided an update regarding the Planning Department s cooperative efforts to work with the Sheriff s Department toward enforcement of the County s medical marijuana cultivation ordinance and the administrative hearing process. BOARD OF SUPERVISORS REQUESTS - BOARD OF SUPERVISORS - Presentation of Resolution honoring Terri Funk on the occasion of her retirement. Presentation only. Supervisor Valenzuela read the Resolution honoring Director of Public Health Terri Funk on the occasion of her retirement into the record. Health and Human Services Agency Director Stacey Cryer, Director of Social Services Division Kate O Shea, County Administrator Terry Barber and members of the Board congratulated Ms. Funk on her upcoming retirement. Members of the Board presented the Resolution to Ms. Funk. COUNTY ADMINISTRATOR - Discussion, direction and possible action re appointment of William (Bill) Navarre as Interim Director of the Community Development Department, effective August 14, Approved. Following an overview of the request from County Administrator Terry Barber, it was moved by Supervisor Valenzuela, seconded by Supervisor Kobseff and unanimously carried to appoint William (Bill) Navarre as Interim Director of Community Development effective August 14, PERSONNEL - Discussion, direction and possible action re draft Memorandum of Understanding with the Organized Employees of Siskiyou County - Management Unit/Professional Unit, effective August 9, Approved. County Administrator Terry Barber provided an overview of the request, advising that negotiations with the unit had been completed and agreed upon. Supervisor Haupt recused himself from the vote for this item. Following brief discussion between members of the Board, Ms. Barber and Transportation Manager Melissa Cummins regarding the time frames associated with pay/salary adjustments, it was moved by Supervisor Criss, seconded by Supervisor Bennett and carried with Supervisors Kobseff, Criss, Valenzuela and Bennett voting YES and Supervisor Haupt RECUSED to approve the successor Memorandum of Understanding with the Organized Employees of Siskiyou County Management and Professional Unit, effective August 9, 2016 and authorizes the County Administrator to approve/sign. VOLUME 74 ~ 135 ~ August 9, 2016

4 HEALTH AND HUMAN SERVICES - SOCIAL SERVICES DIVISION - Discussion, direction and possible action re request to delete one Integrated Case Worker II position, 1.0 FTE and one Integrated Case Worker III position, 1.0 FTE and create one Employment & Training Worker II, 1.0 FTE and one Employment & Training Worker III, 1.0 FTE, effective August 9, Approved. Following an overview of the request from Health and Human Services Agency Director Stacey Cryer and brief discussion regarding the ongoing process to transition various Integrated Case Worker positions to Employment & Training Worker positions, it was moved by Supervisor Kobseff, seconded by Supervisor Valenzuela and unanimously carried to approve request to delete Integrated Case Worker II, position number 2ICW13, 1.0 FTE, delete Integrated Case Worker III, positon number 3ICW06, 1.0 FTE and create one Employment & Training Worker II position, 1.0 FTE and one Employment & Training Worker III position, 1.0 FTE, effective August 9, COUNTY COUNSEL - Discussion, direction and possible action re Shasta-Trinity National Forest Schedule of Proposed Actions (SOPA) for the third quarter of In response to Supervisor Bennett, County Counsel Brian L. Morris advised that staff would provide the County s grazing policy to the various National Forests. Discussion followed between members of the Board, Mr. Morris and County Administrator Terry Barber regarding the need to comment to the Forest Service concerning the Agency s use of the Categorical Exemption (CE) process for cleaning up hazard trees and the associated log decks. It was the consensus of the Board for the County s Natural Resource Policy Specialist to provide comments related to the CE process and hazard tree removal projects. BOARD OF SUPERVISORS' REQUESTS - BOARD OF SUPERVISORS - Review status of local emergency related to drought conditions as declared by Resolution 14-35; action to extend or terminate local emergency. Local emergency extended. It was moved by Supervisor Kobseff, seconded by Supervisor Haupt and unanimously carried to extend the local emergency related to drought conditions as declared by Resolution County Administrator Terry Barber advised that the County s Office of Emergency Services and the County Fire Warden were working to develop an emergency declaration specific to the impacts from bark beetle infestations. BOARD OF SUPERVISORS' REQUESTS - BOARD OF SUPERVISORS - Review status of local emergency related to imminent threat of catastrophic wildfire as declared by Resolution ; action to extend or terminate local emergency. Local emergency extended. It was moved by Supervisor Kobseff, seconded by Supervisor Haupt and unanimously carried to extend the local emergency related to imminent threat of catastrophic wildfire as declared by Resolution Supervisor Haupt requested that additional information regarding wildfire containment (rather than only the number of lightning strikes, acres affected, etc.) be made available to the Board from the Forest Service and other agencies. APPOINTMENTS - COUNTY CLERK - Appointment of one member to unscheduled vacancy on the Behavioral Health Services Board for a term ending December 31, Continued to later date. Deputy County Clerk Wendy Winningham provided an overview of the request, advising that the Clerk s Office had not received any letters of interest in serving on the Board and requested continuance to a later date. Chair Bennett advised that this item was continued to a later date. VOLUME 74 ~ 136 ~ August 9, 2016

5 MINUTE APPROVAL - August 2, Approved. It was moved by Supervisor Kobseff, seconded by Supervisor Valenzuela and unanimously carried to approve the August 2, 2016 minutes as presented. BOARD AND STAFF REPORTS Supervisor Criss reported on his attendance at the Tulelake Irrigation District (TID) meeting regarding the Sustainable Groundwater Management Act (SGMA), a Butte Valley ambulance training, the Tulelake Fire Department s annual barbeque and advised that he spoke at the Siskiyou Water Users annual fundraiser. Supervisor Valenzuela reported on his attendance at the California State Association of Counties (CSAC) Executive Board meeting in Sacramento and advised of his attendance at a Local Transportation Commission (LTC) meeting. Supervisor Kobseff advised of his attendance at a Local Transportation Commission (LTC) meeting, the Lake Shastina Property Owners Association annual meeting and a Rocky Mountain Elk Foundation survey with California Fish and Wildlife representatives. Supervisor Haupt advised of his attendance at a Forest Service Retiree breakfast, a nano-technology meeting with Forest Service representatives, Supervisor Bennett and Supervisor-Elect Lisa Nixon, a tour of the Klamath and Scott Rivers with Natural Resource Policy Specialist Elizabeth Nielsen and Supervisor- Elect Lisa Nixon and advised that he spoke at the Siskiyou Water Users annual fundraiser. Supervisor Haupt shared concerns regarding possible revision/change to the California Department of Fish and Wildlife s 1602 regulations, advised of ongoing efforts of the Scott Valley Groundwater Advisory Committee to research the relationship between groundwater recharge rates and flows in the Scott River and provided an update regarding the Westside Fire Recovery timber harvest project. Supervisor Bennett advised of her attendance at a Local Transportation Commission (LTC) meeting and subsequent meeting with local truck drivers with Supervisor Kobseff and a nano-technology meeting with Forest Service representatives, Supervisor Haupt and Supervisor-Elect Lisa Nixon. Supervisor Bennett further advised of planning to attend an upcoming meeting of the California Court Judicial Council in San Francisco with local Court representatives regarding the new Siskiyou County Courthouse construction project funding and advised of a future meeting of the Court financial group in Sacramento. County Administrator Terry Barber advised of an upcoming conference call with the County s legislative services representative Paul Yoder. CLOSED SESSION - Conference with legal counsel, anticipated litigation pursuant to Government Code , significant exposure to litigation pursuant to Government Code (d)(2), one case, conference with labor negotiators pursuant to Government Code , Personnel pursuant to Government Code 54957, commenced at 11:13a.m., concluded at 11:35a.m., with no action taken. REPORT ON CLOSED SESSION Chair Bennett advised that closed session concluded at 11:35a.m., with no reportable action taken. OFF-AGENDA ITEM County Counsel/County Clerk Revised Resolution calling an election to submit to the electors a citizen s initiative to amend the Siskiyou County Groundwater Ordinance with the Groundwater Management Initiative. Urgency item added to the agenda. Resolution adopted. Chair Bennett and County Counsel Brian L. Morris provided a brief overview of the request. It was moved by Supervisor Criss, seconded by Supervisor Kobseff to consider an item not on the posted agenda regarding a revised Resolution calling an election to submit to the electors a citizen s initiative to amend the Siskiyou County Groundwater Ordinance with the Groundwater Management Initiative. Continued VOLUME 74 ~ 137 ~ August 9, 2016

6 OFF-AGENDA ITEM County Counsel/County Clerk (continued) Later in the meeting, Mr. Morris provided an overview of the request, advising of the need to include the ballot question language in the Resolution. In response to Supervisor Haupt, Mr. Morris advised that the groundwater initiative would include voters county-wide, including the incorporated cities. Supervisor Kobseff suggested the inclusion of citizen s initiative in the Resolution and ballot question language. In response, Mr. Morris advised that citizens was included in the Resolution title and shared concerns that the number of allowable words in the ballot question was at the permissible limit. Discussion followed between members of the Board, Mr. Morris and County Administrator Terry Barber regarding the allowable ballot question word limit, the possibility of adding the suggested verbiage, the possible impacts (i.e. to microbrewery/winery businesses) that could arise from voter approval of the groundwater management initiative, the need to make the associated impartial analysis available to the public and the potential for differing legal interpretations of the initiative language with regard to the use of groundwater. It was moved by Supervisor Bennett and seconded by Supervisor Valenzuela to adopt the Resolution calling an election to submit to the electors a citizens initiative to amend the Siskiyou County Groundwater Ordinance with the Groundwater Management Initiative, authorizing County Counsel and the County Clerk to add the verbiage citizens initiative in the ballot question language, if possible. In response to Supervisor Kobseff, Mr. Morris advised that the County (County Counsel) developed the initiative title (Groundwater Management Initiative) and that no changes should be made to the title. Following further discussion regarding the verbiage in the initiative related to groundwater basins/sources and the deadlines associated with providing arguments for/against any initiatives or ballot measures to the County Clerk, Chair Bennett called for the question and the motion to adopt Resolution carried unanimously. PUBLIC HEARINGS - COMMUNITY DEVELOPMENT - PLANNING DIVISION - Public hearing for the first reading of an ordinance reclassifying an 8.4 acre parcel (APN ) located on the west side of Old Highway 99 in the community of Grenada, from Prime Agricultural District (AG-1) to Highway Commercial (C-H); portion of Section 21 of Township 44N, Range 6W, MDB&M. First reading approved. Continued public hearing for the second reading set for September 6, 2016 at 1:30p.m. This was the time set for a public hearing for the first reading of an ordinance reclassifying an 8.4 acre parcel (APN ) located on the west side of Old Highway 99 in the community of Grenada, from Prime Agricultural District (AG-1) to Highway Commercial (C-H); portion of Section 21 of Township 44N, Range 6W, MDB&M. Chair Bennett opened the public hearing. Senior Planner Brett Walker provided a staff report, advising of the Planning Commission s review/consideration of the request and their recommendation that the Board of Supervisors adopt the Mitigated Negative Declaration and approve the ordinance first reading. Mr. Walker requested that the motion be modified to direct the Clerk to schedule a continued public hearing versus a scheduling a new public hearing (including the associated publications) for the second reading of the proposed ordinance. In response to Supervisor Kobseff regarding the possible impact of the scenic highway system on the proposed zone change, Mr. Walker advised that the scenic highway system begins further south near the City of Weed and north near Highway 3 in Yreka, but not in the community of Grenada where the zone change project is located. Continued. VOLUME 74 ~ 138 ~ August 9, 2016

7 PUBLIC HEARINGS - COMMUNITY DEVELOPMENT - PLANNING DIVISION (continued) It was moved by Supervisor Kobseff and seconded by Supervisor Haupt to introduce, waive and approve the first reading of the proposed Dancer Zone Change request to amend Zoning District Map and direct the Clerk to schedule a continued public hearing on September 6, 2016 at 1:30p.m., on adoption of the Initial Study/Mitigated Negative Declaration (SCH No ) and Mitigated Monitoring Reporting Program prepared for the project, and a second reading of the ordinance amending Zoning District Map The Clerk read the ordinance title into the record and the motion carried unanimously. ADJOURNMENT - There being no further business to come before the Board of Supervisors, the meeting was adjourned. ATTEST: COLLEEN SETZER, COUNTY CLERK Grace Bennett, Chair By: Deputy VOLUME 74 ~ 139 ~ August 9, 2016