STATE OF CALIFORNIA, COUNTY OF SISKIYOU BOARD OF SUPERVISORS MINUTES, MAY 17, 2016

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1 STATE OF CALIFORNIA, COUNTY OF SISKIYOU BOARD OF SUPERVISORS MINUTES, MAY 17, 2016 The Honorable Board of Supervisors of Siskiyou County, California, met in regular session this 17 th day of May 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 County Flood Control and Water Conservation District and County Service Area #3. County Administrator Terry Barber led in the salute to the flag of the United States of America. CLOSED SESSION - Conference with legal counsel, existing litigation pursuant to Government Code (d)(1), one case, conference with labor negotiators pursuant to Government Code , conference with legal counsel, anticipated litigation pursuant to Government Code , significant exposure to litigation pursuant to Government Code (d)(2), one case, commenced at 8:30a.m., concluded at 10:25a.m., with no action taken. REPORT ON CLOSED SESSION County Counsel Brian L. Morris announced that closed session concluded at 10:25a.m., with no reportable action taken. INVOCATION Supervisor Kobseff provided the invocation. CONSENT AGENDA Approved. It was moved by Supervisor Valenzuela, 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: ASSESSOR-RECORDER Approve End User License Agreement with AtPac Inc., for software to manage recorded documents and vital records, in an amount not to exceed $213, for a five-year term effective July 1, 2016, with the Chair authorized to sign. COUNTY ADMINISTRATOR Approve letter to the California Department of Transportation Office of Encroachment Permits supporting the Art of Survival Bicycle Ride event scheduled for May 28, GENERAL SERVICES - TRANSPORTATION Adopt Resolution authorizing the County Administrator to execute any documents necessary to obtain financial assistance provided by the Governor's Office of Homeland Security (Emergency Services) through the Transit Security Grant Program for the 2015/2016 cycle, authorize staff to accept the awarded funds and authorize the Auditor s Office to establish the budget. PUBLIC WORKS - ROAD DEPARTMENT Approve and authorize Chair to sign contract for services with Aramark Uniform Services, in an amount not to exceed $41, for the term March 1, 2016 through February 28, Continued VOLUME 74 ~ 58 ~ May 17, 2016

2 CONSENT AGENDA (continued) SISKIYOU MODOC REGIONAL DEPARTMENT OF CHILD SUPPORT SERVICES Approve Plan of Cooperation with Humboldt County Department of Child Support Services for Humboldt County to process Workers' Compensation cases for the purpose of collecting funds in child support cases, effective July 1, SHERIFF Approve agreement with College of the Siskiyous (Siskiyou Joint Community College District) authorizing the assignment of a Director to coordinate Administration of Justice program, with the College to reimburse the Sheriff's Office on a quarterly basis for 100% of the Sheriff s representative's salary, overtime and mileage for transporting the driving simulator, in an amount not to exceed $120,000 per year, $240,000 total, for the term July 1, 2015 through June 30, TREASURER-TAX COLLECTOR Approve 2016 Siskiyou County Treasurer's Investment Policy as presented. TRANSFER OF FUNDS - Court Appointed Counsel - $60,000. Resolution adopted. TRANSFER OF FUNDS -Siskiyou County Museum - $2. Resolution adopted. PRESENTATIONS FROM THE PUBLIC County resident Frank Toriello shared concerns that county taxpayers should not be responsible for the costs associated with development of an Environmental Impact Report (EIR) for the Crystal Geyser facility/project and advised of the need for a new hydrology study associated with the Crystal Geyser project, as the current hydrology study is over 20 years old. HEALTH AND HUMAN SERVICES - BEHAVIORAL HEALTH DIVISION/PERSONNEL - Discussion, direction and possible action re the following Personnel requests, Create entry-level Certified Alcohol and Drug Counselor I classification series and to change job title for five Certified Alcohol and Drug Counselor positions to Certified Alcohol and Drug Counselor II, 5.0 FTE. Approved. County Administrator Terry Barber provided an overview of the request, advising of the recruitment benefits associated with an entry-level Certified Alcohol and Drug Counselor I classification series. It was moved by Supervisor Kobseff, seconded by Supervisor Valenzuela and unanimously carried to approve the request to create a level I/II for the Certified Alcohol and Drug Counselor classification series and change the job title for five Certified Alcohol and Drug Counselors, position numbers AODC01, AODC04, AODC05, AODC08 and AODC09 to Certified Alcohol and Drug Counselor II, 5.0 FTE, effective May 22, Ms. Barber introduced Toby Reusze as the new Health and Human Services Agency Director. COMMUNITY DEVELOPMENT - Discussion, direction and possible action re authorization to negotiate and enter into a contract for environmental consultant services to prepare an Environmental Impact Report for the Crystal Geyser Use Permit project. County Administrator and County Counsel authorized to finalize contract terms and enter into contract with selected contractor and Auditor to establish the budget. Community Development Director Greg Plucker provided an overview of the request, advising of the ongoing efforts to finalize the consultant selection process following the May 9 th Request For Proposal (RFP) deadline. Mr. Plucker further advised that costs associated with development of an Environmental Impact Report (EIR) for the Crystal Geyser Use Permit project would be paid by Crystal Geyser and that work on the EIR would not begin until the County has received an initial funding deposit from Crystal Geyser. Continued VOLUME 74 ~ 59 ~ May 17, 2016

3 COMMUNITY DEVELOPMENT (continued) Following discussion between members of the Board and Mr. Plucker regarding the selected contractor (Analytical Environmental Services) and the associated consultant evaluation process, it was moved by Supervisor Valenzuela, seconded by Supervisor Kobseff and unanimously carried to authorize the County Administrative Officer and County Counsel to finalize the contract terms and to enter into the contract with selected consultant and authorize the County Auditor to establish the budget for the contract. COUNTY ADMINISTRATOR - Discussion, direction and possible action re allocation of marijuana enforcement resources and options regarding extra help and full time personnel in the Sheriff and Community Development departments. County Administrator to work with the Sheriff and District Attorney regarding the proposal to increase resources for marijuana enforcement. County Administrator directed to work with the Sheriff and District Attorney toward funding options for additional resources. Sheriff Jon Lopey and District Attorney Kirk Andrus appeared before the Board. Sheriff Lopey provided a brief overview of a proposal to enhance marijuana enforcement efforts. In response to Supervisor Valenzuela, Sheriff Lopey advised that the illicit marijuana grows being seen in the County exceed the currently allowed (under the County s ordinance) six mature/36 immature marijuana plants and could be on a scale of 50 to 100+ plants. Sheriff Lopey shared concerns that the large marijuana grows are part of drug trafficking operations. Sheriff Lopey summarized the proposal to create two additional two-officer teams in the Siskiyou Interagency Marijuana Investigation Team (SIMIT) for a total of three teams, utilizing extra-help personnel currently, and full-time personnel at a later time. Sheriff Lopey advised that the three two-officer teams would concentrate on the Klamath River Country Estates (KRCE), Shasta Vista and Mt. Shasta Forest subdivisions, although the teams would be available to address complaints/information regarding illicit grows in other parts of the County. Sheriff Lopey further advised that funding of approximately $90,000 would include one District Attorney Investigator positon and that $24,000 would be available from the Sheriff s asset forfeiture fund for overtime. Sheriff Lopey provided a brief overview of the anticipated multiagency efforts to address the impacts associated with illicit marijuana and other drugs on both private and public lands within the County. Mr. Andrus reiterated that one District Attorney Investigator would be available to work with the SIMIT teams to investigate illicit grow sites and to prosecute offenders under County Code and criminal laws. Supervisor Bennett suggested that the North Coast Regional Water Quality Control Board be contacted with regard to possible assistance, as illicit marijuana grows can negatively impact local waterways and habitat. Discussion followed between members of the Board, Sheriff Lopey, Mr. Andrus and County Administrator Terry Barber regarding additional state/federal agencies that could be contacted regarding possible assistance with the efforts and the current ongoing efforts to utilize one marijuana investigation team to investigate and follow up on citizen complaints. It was the consensus of the Board to support the Sheriff s proposal and to direct the County Administrator to continue to work with the Sheriff and District Attorney toward funding the request for additional resources. 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 Haupt and seconded by Supervisor Bennett to extend the local emergency related to drought conditions as declared by Resolution Continued VOLUME 74 ~ 60 ~ May 17, 2016

4 BOARD OF SUPERVISORS' REQUESTS - BOARD OF SUPERVISORS (continued) Following brief discussion between members of the Board, County Counsel Brian L. Morris and County Administrator Terry Barber regarding the request from the State of California to continue the County s drought declaration, the Chair called for the question and the motion carried unanimously. 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 MINUTE APPROVAL - May 10, Continued to June 7, Chair Bennett advised that this item was continued to June 7, 2016 at Deputy County Clerk Wendy Winningham s request. BOARD AND STAFF REPORTS Supervisor Criss advised of his attendance at meetings in Montague and Butte Valley related to the Sustainable Groundwater Management Act (SGMA) and facilitated by the Community Development Department, a Townhall meeting/event regarding marijuana, a Tulelake Basin Republican Womens luncheon, Butte Valley ambulance training, a Townhall meeting/event in Montague regarding Measures R, S, T and U and a Montesorri school fundraiser. Supervisor Valenzuela advised of his attendance at a senior nutrition fundraiser in Mt. Shasta, a PSA 2 Area Agency on Aging joint meeting of the Executive Board and Advisory Council and a Local Transportation Commission (LTC) meeting. Supervisor Valenzuela advised of his upcoming plans to attend Legislative Days in Sacramento. Supervisor Kobseff advised of his attendance at a meeting with Air Methods regarding air ambulance services, the County Clerk and General Services Department s budget meetings/hearings with the County Administrator, a Neighborhood Watch meeting in Carrick, the National Day of Prayer, a Search and Rescue fundraiser, the Mayten Fire Department fundraiser, a LTC meeting, a Townhall meeting/event in Big Springs regarding Measures T and U and a Rocky Mountain Elk Foundation dinner. Supervisor Kobseff shared concerns regarding upcoming legislation that could negatively impact citizens who purchase guns and/or ammunition. Supervisor Haupt advised of his attendance at various County department budget meetings/hearings with the County Administrator, a meeting with a film group concerning wildfire and forest management and the Rocky Mountain Elk Foundation banquet. Supervisor Haupt reported on the status of logging operations with regard to Westside Fire Recovery timber sales. Supervisor Bennett advised of her attendance at the meeting in Montague related to the Sustainable Groundwater Management Act (SGMA), a Yreka City Council meeting, the Search and Rescue fundraising dinner, a LTC meeting, Behavioral Health Services Director interviews, a Soroptomist meeting including a presentation on the Jail funding measure and a Townhall meeting/event in Montague regarding Measures R, S, T and U. Supervisor Bennett advised of the upcoming Armed Forces Day at the Siskiyou Golden Fairgrounds and a Horses for Heroes event. CLOSED SESSION - Conference with legal counsel, existing litigation pursuant to Government Code (d)(1), one case, conference with labor negotiators pursuant to Government Code , conference with legal counsel, anticipated litigation pursuant to Government Code , significant exposure to litigation pursuant to Government Code (d)(2), one case, commenced at 11:15a.m., concluded at 11:30a.m., with no action taken. VOLUME 74 ~ 61 ~ May 17, 2016

5 REPORT ON CLOSED SESSION Chair Bennett advised that closed session concluded at 11:30a.m., with no reportable action taken. COUNTY COUNSEL/US FISH AND WILDLIFE SERVICE - Discussion, direction and possible action re request for support of a draft Environmental Impact Statement for a conservation plan for the Upper Klamath, Clear and Tule Lakes and Lower Klamath and Bear Valley National Wildlife Refuges. Supervisor Valenzuela was absent from discussion of this item. County Counsel Brian L. Morris provided a 12-page powerpoint presentation regarding the National Wildlife Refuge (NWR) System. In response to Supervisor Bennett, U.S. Fish and Wildlife Service Refuge Complex Manager Greg Austin provided an overview of litigation that arose in 2014 during the Comprehensive Conservation Plan (CCP) process, advising of an August 1, 2016 deadline to prepare a final plan and sign a Record of Decision for the CCP. Mr. Austin further advised that the litigation centered on concerns for farming operations on wildlife refuges, although under the Kuchel Act of 1964 the Lower Klamath and Tule Lake NWRs are to be managed for both waterfowl management and agriculture production. Mr. Austin provided an overview of the efforts made to determine the types/quantities of certain food sources to properly manage waterfowl within the NWRs and to determine that farming is a compatible use on wildlife refuges. In response to Supervisor Bennett, Mr. Austin advised that invasive weeds would be addressed in the draft conservation plan process. Mr. Austin presented the powerpoint, including a history of the National Wildlife Refuge System and an overview of the refuges that comprise the Klamath Basin Refuge Complex, including the Upper Klamath, Lower Klamath, Tule Lake, Clear Lake and Bear Valley refuges. Mr. Austin summarized the goals of the National Wildlife Refuge System Improvement Act of 1997, including biological integrity/diversity and environmental health, strategic growth and Comprehensive Conservation Planning, and the appropriate compatible uses of hunting, fishing, wildlife observation, photography, environmental education and interpretation. Mr. Austin continued the powerpoint with an overview of the purpose of a CCP and the associated planning process timeline, and an overview of the specifics of the Lower Klamath and Tule Lake NWRs and their associated management alternatives. Discussion followed between members of the Board and Mr. Austin regarding efforts to utilize cattle grazing, field burning and farming as compatible uses to manage vegetation and food sources for waterfowl and improve soil conditions to benefit agriculture production and the benefits associated with a mix of standing grain fields and flood fallow parcels. Further discussion followed regarding efforts to work around endangered sucker populations, efforts to consider certain waterfowl species in each NWR in development of the CCP, issues related to predator control of the refuges, the potential impact of grain harvesting technology on certain bird species, the need to manage/maintain vegetation on levees, the need for improved maps/signage to benefit the public access to refuge areas, the deadline for comments regarding the CCP, the need to include the County s grazing policy in a comment on the CCP and the relationship of a biological opinion (for water usage) to the CCP process. It was the consensus of the Board that Supervisors Haupt and Criss develop comments on the draft Comprehensive Conservation Plan/Environmental Impact Statement (CCP/EIS) to be brought back before the Board for further consideration. Mr. Austin provided members of the Board with a CD containing additional information regarding the draft CCP/EIS. VOLUME 74 ~ 62 ~ May 17, 2016

6 DISTRICT ATTORNEY - Discussion and possible direction re District Attorney position's salary and benefits. Dropped from the agenda. Chair Bennett advised that this item was dropped from the agenda. 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 ~ 63 ~ May 17, 2016

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