For appointment of City officers, Brooks Mitchell made a motion to keep officers as they were with Pat Whitley as Mayor and he being Vice Mayor. It was voted down by Ernie Teague, John Cussins and Mark Marin.
John moved Mark as Mayor and Ernie as Vice Mayor which was approved by those three and passed. Pat and Brooks voted no. Pat immediately told Mark, “You can take over right now.” Pat stated she’d like to see it on the ballot and have the mayor elected by the people in November rather than appointed. Attorney Gross said the question to the voters would have to be agendized for discussion.
As new mayor, Mark moved to standing committees yet had no list and on advice from Counsel, will carry it over.
Finance Director Kim Lombardi announced Ross with Good Ideas had contacted her over the available rain barrels which had been delayed for a huge order yet Loyalton’s were next in line.
There was lengthy discussion following Ernie’s reading of a letter from Richard Adcock regarding his alley way and it was decided to make a map of those with utility easements and clear the alleys.
For Fire Department Report, Chief Shawn Heywood called it “pretty quiet.” The department has a new brush truck in service and has applied for two federal grants, one a radio regional grant and one vehicle grant for a water tender. The department is now meeting every other week.
During the Finance Report, Pat “screamed fire,” with $30,000 in general checking “sounding the alarm,” and down to bare bones. She warned contingencies are for emergencies and if the City is in existence, to “tighten the purse strings.”
Ernie asked “how much in the bank,” and Kim said the total general fund is $209,503.39 including the Enterprise funds. John wanted a better way to clarify the financial reports seeing no park fund. Kim stated it would be more paperwork and compared to the County, she called it having “good software.” Cussins voted against approving the report.
Payment of bills included no invoices for USDA and totaled $100,451.62. There was heavy questioning on “Where’s the receipt for new gas meters?” Kim could give the receipts but not the invoices. In conclusion, John stated a set amount of people would do purchasing.
Discussion over supplying information in a timely fashion to the bookkeeper in regards to attorney contact for financial records had Brooks stating “A lot of legal counsel advice doesn’t stipulate what for.” Steve would give direction to codes. Brooks wants less attorney time and John wants to use Counsel more. Ernie felt there would be “not as many lawsuits” and stated that’s why Counsel was there.
Ernie told of $50,000 less on water and sewer at the park and now zero. He told of losing $12,000 on First Five and being $60,000 down and it’s hard to make that money up. Kim told of significant decline on park rentals since May last year.
Mark brought up the situation with the Loyalton Mobile Home Park, option to shut off the water and the City can’t absorb the loss. Steve Gross explained it was a master meter with special procedures and State statutes for water service. He told of the City’s ability to comply with procedures to terminate service, to provide notice and for customers to choose not to terminate service and to stop the bleeding on service.
To set up individual meters was said to be expensive, Steve stated the City has no property rights there, calling it a “bad situation.” He stated it’s not the City’s responsibility to serve individual units and by providing notice at the park, each has the opportunity to become a customer. But the problem is the City probably has to terminate service.
Pat talked about a lien on the trailer park but the County takes the money first if it sells and John agreed, the County is”not obligated to pay one red cent.”
Van Maddox, County Auditor was in the audience and explained if the property sells for more than taxes due, the remaining funds are held and liens or the bank can put in claims if all interested parties know if there are excess funds. They have one year and who gets in first helps. He advised, if it’s sold, “keep an eye on it and get a claim in as soon as possible.” Van said the County was trying to find out the State’s next step.
Mark suggested and Brooks supported the City work together with the County for a solution good for both parties. Steve said one option was if the City lien could foreclose but there would be a race between the City and County to foreclose. Van told if foreclosed, $303,000 is owed the tax collector.
From the audience, Annie Terrasas asked different costs and John said those outside city limits charge is different. Pat added the trailer court pays 1.5 the residential rate. Mark explained the city doesn’t own the water line and the park is on contract. Brooks further explained there are four lots of the park in the city; a split service. It was voted the City Public Works meet with the County. Steve suggested a Finance Committee Meeting, subject to the Brown Act.
Brooks stated the Wastewater Treatment Plant litigation had been continued to January to set a trial date. Steve has had “very little contact on that.”
Update on the old museum building had County Supervisor Paul Roen state that talk over the County renting the building had “not officially been discussed at the Board level.” Ernie suggested advertising it for rent, moved by Brooks and seconded by John and passed.
John told of needing to upgrade the 2005 telemetry at the plant which has had several failures. He quoted $8,000.
Ernie complained of at least 50 vehicles hindering snow removal last storm. Sheriff Tim Standley was asked for direction and he asked if snowplows can function and do what the City needs? John will compile a list of those which vehicles have not been moved at all during storms, making no effort. Tim said if there’s a issue, “Give a call. We’ll tow it lickety split.” The same goes for those vehicles not registered.
A burglar system was discussed but not agendized and will be continued.
Commercial cultivation and delivery of medical marijuana within city limits had Steve explain dual licenses for the State and local jurisdictions. He explained in October the State passed three new laws; tougher on referrals, commercial cultivation and delivery service. Commercial cultivated allowed cultivation by patients or care givers. To regulate commercial, the Council would have to adopt an ordinance by March 1st and can be on an urgency basis. Steve recommended discussion if the council wants to regulate commercial use within the city and if not, it’s at the mercy of the State guidelines. There is work, he noted, to remove the March 1st date. Cities and counties could take action by prohibiting commercial grows within cities and come back later and allow it rather than be precluded by no action at all. The law of delivery can regulate or prohibit dispensaries or companies to patients. He said most ordinances prohibit commercial cultivation and also prohibit delivery, stating it could be any business with many law enforcement concerns. People driving are subject to attack and robbery, Counsel said, calling it a “crime magnet” to allow delivery within a city. In general, he said law enforcement’s view is not supportive of commercial grows although there are revenue opportunities.
John asked Sheriff Tim Standley to address the issue and he spoke on what Nevada County is doing with an emergency ordinance banning growing marijuana outdoors and allowing 12 plants within boundaries, not living or quarters habitated. The sheriff said the consensus of the CA Sheriff’s Association‘s vast majority is they are going to pass prohibiting outdoor grows, noting it’s easy to drive by if marijuana is in violation.
Ernie told of the County limit of 18 plants per person; maximum four people with 72 plants. Mark: “That’s a lot of pot.” From the audience, editor Don Russell sang praises of marijuana with him “staring in Michigan.”
Supervisor Paul Roen stated the County’s last public hearing on the subject will be January 26th and it will be on the agenda for recommendation on February 2nd. The 72 plant maximum is for residential caregivers, he said. Brooks suggested an ordinance denying outside grows within City limits. John said if the active derivative isn’t that high it should be allowed. Brooks said just no dispensaries. Mark agreed with Brooks on outside grows because of stealing. Tim said Nevada County uses legislatures’ intent for severely sick and allows small amount grown indoors limited to a number of plants or square footage. He told of having dealt with 11-foot plants.
Brooks directed Counsel to prepare an ordinance prohibiting commercial grows, no outdoor and only indoors for medicinal purposes and prohibit delivery. It would be adopted as urgency since the next regular meeting is February 16th.