Trinity County Grand Jury
2006-2007
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Findings & Recommendations
8 findings
F1:
Chief and Department members: Bob Young introduced his crew. Chairman of the board and members for the HFPD and TCLS: Jim introduced the board and the clerk.
Related Recommendations (1)
R1:
Chief and Department members: Bob Young introduced his crew. Chairman of the board and members for the HFPD and TCLS: Jim introduced the board and the clerk.
F2:
Trinity LAFCO is reminded that AB 2838 (2000) requires an update to the spheres of influence (SOI) for all special districts every five years. The new boundaries and service area must be consistent with adopted spheres of influence. Conclusion: Although the annexation process and benefit assessment detailed herein contained a fairly routine set of facts for a LAFCO hearing on a special district providing only essential services of one type (fire protection, fire prevention and emergency medical response), the Grand Jury thanks the complainant for bringing to the attention of all communities in our county, how this important function which is little understood, actually involves a strong commitment to civic involvement. Responses Required: Entity Finding/Recommendation Respond in Hayfork Fire Protection District TRINITY LAFCO 60 Glen Road P.O. BOX 2819 WEAVERVILLE, CA 96093 (530) 623-1351 ext. 1-4 FAX (530) 623-1353 e mail: jjelicich@trinitycounty.org AUG 1 5 2007 TO: The Honorable James P. Woodward, Presiding Judge of the Superior Court TRINIT John Jelicich, Executive Officer, Trinity LAFC FROM: Response to Recommendations of 2006-2007 SUBJECT: Grand Jury, Special Districts Committee - Final Report Citizen Complaint re: Annexation of land for Hayfork Fire Protection District DATE: July 25, 2007 The Grand Jury Special Districts Committee has requested a written response to their final report regarding their investigation of a citizen complaint pertaining to an annexation of land to the Hayfork Fire Protection District. In my capacity as Executive Officer, my response to Findings (not numbered) and Recommendation #2, as requested by the Committee is as follows: Findings: A series of findings are made based on the Committee's review of various records. Response: I agree.
Related Recommendations (1)
R2:
This recommendation is in the process of being implemented. The issue has been discussed during LAFCO meetings. It is anticipated that the Sphere of Influence review and update for affected districts will be completed as necessary. TRINITY LAFCO 60 Glen Road P.O. BOX 2819 WEAVERVILLE, CA 96093 (530) 623-1351 ext. 1-4 FAX (530) 623-1353 e mail: jjelicich@trinitycounty.org RECEIVEDAUG 1 5 2007 TO: The Honorable James P. Woodward, Presiding Judge of the Superior Court John Jelicich, Executive Officer, Trinity LAFO FROM: SUBJECT: Response to Recommendations of 2006-2007 Grand Jury, Special Districts Committee - Final Report Citizen Complaint re: Annexation of land for Hayfork Fire Protection District DATE: July 25, 2007 The Grand Jury Special Districts Committee has requested a written response to their final report regarding their investigation of a citizen complaint pertaining to an annexation of land to the Hayfork Fire Protection District. In my capacity as Executive Officer, my response to Findings (not numbered) and Recommendation #2, as requested by the Committee is as follows:
F3:
Public Safety Facility Committee Members: Bob Mountjoy introduced the committee members. B. Summary
Related Recommendations (1)
R3:
Public Safety Facility Committee Members: Bob Mountjoy introduced the committee members. B. Summary
F4:
a. Benefit Assessment There has been some arguments on how much we decided for the benefit assessment. Jim asked if the building committee could come up with some alternatives of the assessment. 1,051 individual owners,1,573 different parcels. Murray showed us a use code on what every parcel in Hayfork. He suggests taking the sorted excel file and attach the right assessment value for each kind of parcel. Homer suggests we asses 100 per parcel that it caps out at 5 parcels. Stan says if we charge $100 per house and no more than $300 more with their other parcels. Misc. discussion on the assessment value. The more complicated the process of trying to assess their property the more people are not going to understand and then just vote out. There are two options on the table now. $100 per parcel with $500 cap. MSC to adopting the revision of the multiple parcels (Stetson/ Yates) structure. Which reads as follows.... Measure ..... (copy it to this minuets. b. Extension of Missey Dunatez contract. . She has 49 inquiries and some applications and appointments. Jim suggested that we extend for 3 months and at the end of 2 months so we can have a full report. MSC to extend her contract for 3 months and at the end of 2 months we would need a full report. (Carrothers/ Stetson) c. New pubic meeting time will be February 18th, 2006. Next regular scheduled meeting will be on Monday 13th, 2006 at 6:00 pm.
Related Recommendations (1)
R4:
a. Benefit Assessment There has been some arguments on how much we decided for the benefit assessment. Jim asked if the building committee could come up with some alternatives of the assessment. 1,051 individual owners,1,573 different parcels. Murray showed us a use code on what every parcel in Hayfork. He suggests taking the sorted excel file and attach the right assessment value for each kind of parcel. Homer suggests we asses 100 per parcel that it caps out at 5 parcels. Stan says if we charge $100 per house and no more than $300 more with their other parcels. Misc. discussion on the assessment value. The more complicated the process of trying to assess their property the more people are not going to understand and then just vote out. There are two options on the table now. $100 per parcel with $500 cap. MSC to adopting the revision of the multiple parcels (Stetson/ Yates) structure. Which reads as follows.... Measure ..... (copy it to this minuets. b. Extension of Missey Dunatez contract. . She has 49 inquiries and some applications and appointments. Jim suggested that we extend for 3 months and at the end of 2 months so we can have a full report. MSC to extend her contract for 3 months and at the end of 2 months we would need a full report. (Carrothers/ Stetson) c. New pubic meeting time will be February 18th, 2006. Next regular scheduled meeting will be on Monday 13th, 2006 at 6:00 pm.
F5:
ADJOURNMENT MSC (Carrothers/ Yates) 8:00 pm Attachment 11 TIME 23-901161901-01 DATE 08:22 5944445989 95/19/96 U S POSTAL SERVICE #0566760046 GARRETT RD HYAMPOH-CR 96846 CLERK TO AUTH TRAN # 585715 U. S. Postal Service 816 1 ROUTING SLIP To: AMERICAN EXPRESS SALE EXP ACCT, NUMBER XXXX 2 XXXXXXXXXXXX4000 3 TOTAL $549.90 4 ALL SALES FINAL DN STAMPS AND POSTAGE 5 REFUNDS FOR GUARANTEED SERVICES ONLY From: POSTMASTER WE DELIVER FOR YOU HYAMPUM CA 90048- Heylork Fire Protection District TO RAISE FUNDS FOR CONSTRUCTION, THE COMMITTEE HAS SEVERAL FUND Hayfork Fire Protection District P.O. Box 668 RAISING EVENTS PLANNED. IN ADDITION TO THESE EVENTS, THE COMMITTEE HAS Hayfork, CA 96041 APPLIED FOR NUMEROUS GRANTS FAMILY 4TH OF JULY TRINITY COUNTY FAIRGROUNDS JULY 1, 2005 Ittachment FIREMAN'S BREAKFAST Build For 57TH ANNUAL HVFD -143- BREAKFAST 7:00AM TO 10:00 AM SUNDAY
Related Recommendations (1)
R5:
ADJOURNMENT MSC (Carrothers/ Yates) 8:00 pm Attachment 11 TIME 23-901161901-01 DATE 08:22 5944445989 95/19/96 U S POSTAL SERVICE #0566760046 GARRETT RD HYAMPOH-CR 96846 CLERK TO AUTH TRAN # 585715 U. S. Postal Service 816 1 ROUTING SLIP To: AMERICAN EXPRESS SALE EXP ACCT, NUMBER XXXX 2 XXXXXXXXXXXX4000 3 TOTAL $549.90 4 ALL SALES FINAL DN STAMPS AND POSTAGE 5 REFUNDS FOR GUARANTEED SERVICES ONLY From: POSTMASTER WE DELIVER FOR YOU HYAMPUM CA 90048- Heylork Fire Protection District TO RAISE FUNDS FOR CONSTRUCTION, THE COMMITTEE HAS SEVERAL FUND Hayfork Fire Protection District P.O. Box 668 RAISING EVENTS PLANNED. IN ADDITION TO THESE EVENTS, THE COMMITTEE HAS Hayfork, CA 96041 APPLIED FOR NUMEROUS GRANTS FAMILY 4TH OF JULY TRINITY COUNTY FAIRGROUNDS JULY 1, 2005 Ittachment FIREMAN'S BREAKFAST Build For 57TH ANNUAL HVFD -143- BREAKFAST 7:00AM TO 10:00 AM SUNDAY
F6:
The territory involved in this formation is inhabited. A certified copy of the resolution approving this proposal by the Trinity County Local Agency Formation Commission is attached hereto as Exhibit "A". -147∸ Certificate of Completion HFPD - SOI & Annex. I, John Jelicich, Executive Officer of Trinity Local Agency Formation Commission, do hereby certify that I have examined the above cited resolution, the map, legal description, terms and conditions of the LAFCO approval and find that the formation is complete. The effective date of the formation is June 29, 2006. 6-29-06 Date John Alan Jelicich, Executive Officer Trinity Local Agency Formation Commission By () canne Bonomini Jeanne Bonomini, Asst. Executive Officer · 1-148- EXHIBIT "A" TRINITY LOCAL AGENCY FORMATION COMMISSION STATE OF CALIFORNIA 24TH DAY OF January, 2006 RESOLUTION NO. LAFCO-06-02 RESOLUTION APPROVING THE "ANNEXATION OF 2005" ANNEXATION TO HAYFORK FIRE PROTECTION DISTRICT (LAF-05-01) The following Resolution is now offered and read: WHEREAS, a proposal for the annexation of certain territory to the Hayfork Fire Protection District (HFPD) in the County of Trinity has been filed with the Executive Officer of this Commission pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code; and WHEREAS, the proposal is for the annexation of an area of approximately 25,200 acres, resulting in nearly all of Hayfork Valley being included within the HFPD; and WHEREAS, the Executive Officer has reviewed the proposal and prepared a report, including his
Related Recommendations (1)
R6:
The territory involved in this formation is inhabited. A certified copy of the resolution approving this proposal by the Trinity County Local Agency Formation Commission is attached hereto as Exhibit "A". -147∸ Certificate of Completion HFPD - SOI & Annex. I, John Jelicich, Executive Officer of Trinity Local Agency Formation Commission, do hereby certify that I have examined the above cited resolution, the map, legal description, terms and conditions of the LAFCO approval and find that the formation is complete. The effective date of the formation is June 29, 2006. 6-29-06 Date John Alan Jelicich, Executive Officer Trinity Local Agency Formation Commission By () canne Bonomini Jeanne Bonomini, Asst. Executive Officer · 1-148- EXHIBIT "A" TRINITY LOCAL AGENCY FORMATION COMMISSION STATE OF CALIFORNIA 24TH DAY OF January, 2006 RESOLUTION NO. LAFCO-06-02 RESOLUTION APPROVING THE "ANNEXATION OF 2005" ANNEXATION TO HAYFORK FIRE PROTECTION DISTRICT (LAF-05-01) The following Resolution is now offered and read: WHEREAS, a proposal for the annexation of certain territory to the Hayfork Fire Protection District (HFPD) in the County of Trinity has been filed with the Executive Officer of this Commission pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code; and WHEREAS, the proposal is for the annexation of an area of approximately 25,200 acres, resulting in nearly all of Hayfork Valley being included within the HFPD; and WHEREAS, the Executive Officer has reviewed the proposal and prepared a report, including his recommendation thereon, the proposal and report having been presented to and considered by this Commission; and WHEREAS, this Commission called for and held a public hearing on the proposal on January 24, 2006 and at the hearing this Commission heard and received all oral and written protests, objections and evidence which were made, presented or filed, and all persons present were given an opportunity to hear and be heard with respect to this proposal and the report of the Executive Officer; and WHEREAS, the area to be annexed lies within the Sphere of Influence of the HFPD. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Trinity Local Agency Formation Commission does hereby determine as follows:
F7:
To the extent that there are disputes regarding the meaning or implementation of these terms and conditions, Trinity LAFCO shall resolve such disputes.
Related Recommendations (1)
R7:
To the extent that there are disputes regarding the meaning or implementation of these terms and conditions, Trinity LAFCO shall resolve such disputes.
F8:
The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 56853 of the Government Code. PASSED AND ADOPTED at a regular meeting of the Trinity Local Agency Formation Commission held on the 24th day of January, 2006 by the following vote: AYES: Commissioners Roger Jaegel, Howard Freeman, Jeff Morris, Robert Winkler, Jerry Hurlbert, and Gary Seppanen. NOES: None ABSTAIN: None ABSENT: Commissioner Lyle Hymas Gary Seppaner, Chairman of the Trinity Local Agency Formation Commission, County of Trinity, State of California ATTEST: John Alan Jelicich Trinity LAFCO Executive Secretary, County of Trinity, State of California By: 1 canne Bonomini HAYFORK FIRE DISTRICT PROPOSED BOUNDARY 1/5/2006 All that land lying within the County of Trinity, State of California being in Township 30 North, Ranges 11 and 12 West, Township 31 North, Ranges 10, 11 and 12 West, and Township 32 North, Ranges 10, 11 and 12 West according to the official plats thereof, described as follows: Beginning at the Southwest corner of Section 8, T.31 N., R.12 W., M.D.M.; thence North along section lines to the Northwest corner of Section 5, T.31 N., R.12 W., M.D.M.; thence North along section lines to the Northwest corner of Section 5, T.31 N., R.12 W., M.D.M. common with the Southwest corner of Section 32, T.32 N., R.12 W., M. D. M.; thence North along section lines to the Northwest corner of the SW 1/4 of the SW 1/4 of said Section 32; thence East along 1/16 section lines to the Northeast corner of the SE 1/4 of the SE 1/4 of said Section 32.; thence South along section lines to the Southeast corner of said Section 32; thence East along township lines to the North 1/4 corner of said Section 4; thence South along mid section lines to the Northwest corner of the SW 1/4 of the SE 1/4 of said Section 4; thence East along 1/16 section lines to the Northeast corner of the SW 1/4 of Section 3, T.31 N., R.12 W., M. D. M.; thence North along 1/16 section lines to the Northwest corner of the NE 1/4 of the SW 1/4 of said Section 3; thence East along 1/16 section lines to the center of said Section 3; thence North along mid section lines to the North 1/4 corner of said Section 3; thence East along township lines to the Southwest corner of Section 35, T.32 N., R.12 W., M. D. M.; thence North along section lines to the NW corner of the SW 1/4 of the SW 1/4 of Section 26, T.32 N., R.12 W., M. D. M.; thence East along 1/64 section lines to the Northeast corner of the SE 1/4 of the SE 1/4 of the SE 1/4 of said Section 26; thence South along section lines to the Northwest corner of Section 36, T.32 N., R.12 W., M.D.M.; thence East along section lines to the Southwest corner of the SE 1/4 of the SW 1/4 of Section 30, T.32 N., R.11 W., M.D.M.; thence North along 1/16 section lines to the Northwest corner of the NE 1/4 of the NW 1/4 of said Section 30; thence East along section line to the Northeast corner of said Section 30; thence South along section line to the Northwest corner of the SW 1/4 of Section 29, T.32 N., R.11 W., M.D.M.; thence East along 1/16 section lines to the Northeast corner of the SE 1/4 of the SE 1/4 of said Section 29; thence North along section lines to the Northwest corner of the SW 1/4 of the NW 1/4 of Section 28, T.32 N., R.11 W., M.D.M.; thence East along 1/16 section lines to the Northeast corner of the SE 1/4 of the NE 1/4 of said Section 28; thence South along section lines to the Northwest corner of the SW 1/4 of the SW 1/4 of the NW 1/4 of Section 27, T.32 N., R.11 W., M.D.M.; thence East along 1/64 section lines to the Northeast corner of the SE 1/4 of the SE 1/4 of the NW 1/4 of said Section 27; thence South along mid section line to the center of said Section 27; thence East along 1/16 section lines to the Northeast corner of the NW 1/4 of the SE 1/4 of said Section 27; thence East along 1/16 section lines to the Northeast corner of the SW 1/4 of the SE 1/4 of Section 26, T.32 N., R.11 W., M.D.M.; thence East along section lines to the Southwest corner of Section 25, T.32 N., R.11 W., M.D.M.; thence North along section lines to the Northwest corner of the SW 1/4 of the SW 1/4 of the SW 1/4 of said Section 25; thence East along 1/64 section lines to the Northeast corner of the SW 1/4 of the SW 1/4 of the SW 1/4 of said Section 25; thence South along 1/64 section lines to the Southeast corner of the SW 1/4 of the SW 1/4 of the SW 1/4 of said Section 25; thence East along section lines to the Northeast corner of Section 32, T.32 N., R.10 W., M.D.M.; thence South along section lines to the Southeast corner of said Section 32; thence West along township lines to the Northeast corner of Section 6, T.31 N., R.10 W., M.D.M.; thence South along section lines to the Southeast corner of the NE 1/4 of said Section 6; thence West along mid section line to the Southwest corner of the NW 1/4 of said Section 6; thence South along township lines to the Southeast corner of Section 1, T.31 N., R.11 W., M.D.M.; thence West along section lines to the Southwest corner of the SE 1/4 of the SE 1/4 of Section 2, T.31 N., R.11 W., M.D.M.; thence North along 1/16 section lines to the Southeast corner of the SW 1/4 of the NE 1/4 of said Section 2; thence West along mid section lines to the Northeast corner of the NE 1/4 of the SW 1/4 of Section 3, T.31 N., R.11 W., M.D.M.; thence South along mid section line to the Southeast corner of the NE 1/4 of the SW 1/4 of said Section 3; thence West along 1/16 section lines to the Southwest corner of the NE 1/4 of the SW 1/4 of said Section 3; thence South along 1/16 section lines to the Northwest corner of the SE 1/4 of the NW 1/4 of Section 10, T.31 N., R.11 W., M.D.M.; thence East along 1/16 section lines to the Northeast corner of the SE 1/4 of the NW 1/4 of said Section 10; thence South along mid section line to the Southeast corner of the SE 1/4 of the NW 1/4 of said Section 10; thence West along mid section lines to the Northeast corner of the NW 1/4 of the SE 1/4 of Section 8, T.31 N., R.11 W., M.D.M.; thence West along 1/16 section lines to the Northeast corner of the SW 1/4 of the SW 1/4 of said Section 8; thence South along 1/16 section lines to the Southeast corner of the SW 1/4 of the SW 1/4 of said Section 8; thence West along section lines to the Northeast corner of Section 18, T.31 N., R.11 W., M.D.M.; thence South along section lines to the Southeast corner of the SE 1/4 of the NE 1/4 of said Section 18; thence West along mid section lines to the Northeast corner of the NE 1/4 of the NE 1/4 of Section 13, T.31 N., R.12 W., M.D.M.; thence South along township lines to the Southeast corner of the SE 1/4 of the NE 1/4 of Section 24, T.31 N., R.12 W., M.D.M.; thence West along mid section lines to the Northeast corner of the NW 1/4 of the SW 1/4 of said Section 24; thence South along 1/16 section lines to the Northwest corner of the SE 1/4 of the NW 1/4 of Section 25, T.31 N., R.11 W., M.D.M.; thence East along 1/16 section lines to the Northeast corner of the SE 1/4 of the NW 1/4 of said Section 25; thence South along mid section lines to the Northwest corner of the SW 1/4 of the SE 1/4 of Section 36, T.31 N., R.11 W., M.D.M.; thence East along 1/16 section lines to the Northeast corner of the SE 1/4 of the SE 1/4 of said Section 36; thence South along township lines to the Southeast corner of said Section 36; thence East along township lines to the Northeast corner of the NW 1/4 of the NE 1/4 of Section 1, T.30 N., R.12 W., M.D.M.; thence South along 1/16 section lines to the Northwest corner of the NE 1/4 of the NE 1/4 of Section 12, T.30 N., R.12 W., M.D.M.; thence South along township lines to the Northwest corner of Section 18, T.30 N., R.11 W., M.D.M.; thence East along section lines to the Northeast corner of Section 16, T.30 N., R.11 W., M.D.M.; thence South along section lines to the Southeast corner of said Section 16; thence West along section lines to the Northeast corner of Section 20, T.30 N., R.11 W., M.D.M.; thence South along section lines to the Southeast corner of the NE 1/4 of the NE 1/4 of Section 29, T.30 N., R.11 W., M.D.M.; thence West along 1/16 section lines to the Southwest corner of the NE 1/4 of the NE 1/4 of said Section 29; thence North along 1/16 section lines to the Northwest corner of the NE 1/4 of the NE 1/4 of said Section 29; thence West along section lines to the Southwest corner of Section 20, T.30 N., R.11 W., M.D.M.; thence North along section lines to the Southeast corner of the NE 1/4 of the NE 1/4 of Section 19, T.30 N., R.11 W., M.D.M.; thence East along 1/16 section lines to the Southwest corner of the NE 1/4 of the NE 1/4 of said Section 19; thence North along 1/16 section lines to the Northwest corner of the NE 1/4 of the NE 1/4 of said Section 19; thence West along section lines to the Southwest corner of Section 18, T.30 N., R.11 W., M.D.M.; thence North along township lines to the Southeast corner of the NE 1/4 of the SE 1/4 of Section 13, T.30 N., R.12 W., M.D.M.; thence West along 1/16 section lines to the Southwest corner of the NE 1/4 of the SE 1/4 of said Section 13; thence North along 1/16 section lines to the Southeast corner of the SW 1/4 of the NE 1/4 of said Section 13; thence West along mid section lines to the Southwest corner of the SW 1/4 of the NE 1/4 of said Section 13; thence North along mid section lines to the Southeast corner of the NE 1/4 of the NW 1/4 of said Section 13; thence West along 1/16 section lines to the Southwest corner of the NE 1/4 of the NW 1/4 of said Section 13; thence North along 1/16 section lines to the Southeast corner of the NW 1/4 of the SW 1/4 of Section 12, T.30 N., R.12 W., M.D.M.; thence West along 1/16 section lines to the Southwest corner of the NW 1/4 of the SE 1/4 of Section 11, T.30 N., R.12 W., M.D.M.; thence North along 1/16 section lines to the Northwest corner of the SW 1/4 of the NE 1/4 of said Section 11; thence East along 1/16 section lines to the Southwest corner of the NW 1/4 of the NW 1/4 of Section 12, T.30 N., R.12 W., M.D.M.; thence North along section lines to the Northwest corner of Section 1, T.30 N., R.12 W., M.D.M.; thence West along township lines to the Southwest corner of Section 36, T.31 N., R.12 W., M.D.M.; thence North along section lines to the Southeast corner of Section 26, T.31 N., R.12 W., M.D.M.; thence West along section lines to the Southwest corner of said Section 26; thence North along section lines to the Southeast corner of Section 22, T.31 N., R.12 W., M.D.M.; thence West along section lines to the Southwest corner of the SE 1/4 of the SW 1/4 of Section 21, T.30 N., R.12 W., M.D.M.; thence North along 1/16 section lines to the Northwest corner of the SE 1/4 of the NW 1/4 of said Section 21; thence East along 1/16 section lines to the Southwest corner of the NW 1/4 of the NE 1/4 of said Section 21; thence North along 1/16 section lines to the Northwest corner of the NW 1/4 of the NE 1/4 of said Section 21; thence West along section lines to the Southwest corner of Section 16, T.31 N., R.12 W., M.D.M.; thence North along section lines to the Southeast corner of Section 8, T.31 N., R.12 W., M.D.M.; thence West along section lines to the Southwest corner of said Section 8 and the Point of Beginning of this description. CIP-CA 7
Related Recommendations (1)
R8:
The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 56853 of the Government Code. PASSED AND ADOPTED at a regular meeting of the Trinity Local Agency Formation Commission held on the 24th day of January, 2006 by the following vote: AYES: Commissioners Roger Jaegel, Howard Freeman, Jeff Morris, Robert Winkler, Jerry Hurlbert, and Gary Seppanen. NOES: None ABSTAIN: None ABSENT: Commissioner Lyle Hymas Gary Seppaner, Chairman of the Trinity Local Agency Formation Commission, County of Trinity, State of California ATTEST: John Alan Jelicich Trinity LAFCO Executive Secretary, County of Trinity, State of California By: 1 canne Bonomini HAYFORK FIRE DISTRICT PROPOSED BOUNDARY 1/5/2006 All that land lying within the County of Trinity, State of California being in Township 30 North, Ranges 11 and 12 West, Township 31 North, Ranges 10, 11 and 12 West, and Township 32 North, Ranges 10, 11 and 12 West according to the official plats thereof, described as follows: Beginning at the Southwest corner of Section 8, T.31 N., R.12 W., M.D.M.; thence North along section lines to the Northwest corner of Section 5, T.31 N., R.12 W., M.D.M.; thence North along section lines to the Northwest corner of Section 5, T.31 N., R.12 W., M.D.M. common with the Southwest corner of Section 32, T.32 N., R.12 W., M. D. M.; thence North along section lines to the Northwest corner of the SW 1/4 of the SW 1/4 of said Section 32; thence East along 1/16 section lines to the Northeast corner of the SE 1/4 of the SE 1/4 of said Section 32.; thence South along section lines to the Southeast corner of said Section 32; thence East along township lines to the North 1/4 corner of said Section 4; thence South along mid section lines to the Northwest corner of the SW 1/4 of the SE 1/4 of said Section 4; thence East along 1/16 section lines to the Northeast corner of the SW 1/4 of Section 3, T.31 N., R.12 W., M. D. M.; thence North along 1/16 section lines to the Northwest corner of the NE 1/4 of the SW 1/4 of said Section 3; thence East along 1/16 section lines to the center of said Section 3; thence North along mid section lines to the North 1/4 corner of said Section 3; thence East along township lines to the Southwest corner of Section 35, T.32 N., R.12 W., M. D. M.; thence North along section lines to the NW corner of the SW 1/4 of the SW 1/4 of Section 26, T.32 N., R.12 W., M. D. M.; thence East along 1/64 section lines to the Northeast corner of the SE 1/4 of the SE 1/4 of the SE 1/4 of said Section 26; thence South along section lines to the Northwest corner of Section 36, T.32 N., R.12 W., M.D.M.; thence East along section lines to the Southwest corner of the SE 1/4 of the SW 1/4 of Section 30, T.32 N., R.11 W., M.D.M.; thence North along 1/16 section lines to the Northwest corner of the NE 1/4 of the NW 1/4 of said Section 30; thence East along section line to the Northeast corner of said Section 30; thence South along section line to the Northwest corner of the SW 1/4 of Section 29, T.32 N., R.11 W., M.D.M.; thence East along 1/16 section lines to the Northeast corner of the SE 1/4 of the SE 1/4 of said Section 29; thence North along section lines to the Northwest corner of the SW 1/4 of the NW 1/4 of Section 28, T.32 N., R.11 W., M.D.M.; thence East along 1/16 section lines to the Northeast corner of the SE 1/4 of the NE 1/4 of said Section 28; thence South along section lines to the Northwest corner of the SW 1/4 of the SW 1/4 of the NW 1/4 of Section 27, T.32 N., R.11 W., M.D.M.; thence East along 1/64 section lines to the Northeast corner of the SE 1/4 of the SE 1/4 of the NW 1/4 of said Section 27; thence South along mid section line to the center of said Section 27; thence East along 1/16 section lines to the Northeast corner of the NW 1/4 of the SE 1/4 of said Section 27; thence East along 1/16 section lines to the Northeast corner of the SW 1/4 of the SE 1/4 of Section 26, T.32 N., R.11 W., M.D.M.; thence East along section lines to the Southwest corner of Section 25, T.32 N., R.11 W., M.D.M.; thence North along section lines to the Northwest corner of the SW 1/4 of the SW 1/4 of the SW 1/4 of said Section 25; thence East along 1/64 section lines to the Northeast corner of the SW 1/4 of the SW 1/4 of the SW 1/4 of said Section 25; thence South along 1/64 section lines to the Southeast corner of the SW 1/4 of the SW 1/4 of the SW 1/4 of said Section 25; thence East along section lines to the Northeast corner of Section 32, T.32 N., R.10 W., M.D.M.; thence South along section lines to the Southeast corner of said Section 32; thence West along township lines to the Northeast corner of Section 6, T.31 N., R.10 W., M.D.M.; thence South along section lines to the Southeast corner of the NE 1/4 of said Section 6; thence West along mid section line to the Southwest corner of the NW 1/4 of said Section 6; thence South along township lines to the Southeast corner of Section 1, T.31 N., R.11 W., M.D.M.; thence West along section lines to the Southwest corner of the SE 1/4 of the SE 1/4 of Section 2, T.31 N., R.11 W., M.D.M.; thence North along 1/16 section lines to the Southeast corner of the SW 1/4 of the NE 1/4 of said Section 2; thence West along mid section lines to the Northeast corner of the NE 1/4 of the SW 1/4 of Section 3, T.31 N., R.11 W., M.D.M.; thence South along mid section line to the Southeast corner of the NE 1/4 of the SW 1/4 of said Section 3; thence West along 1/16 section lines to the Southwest corner of the NE 1/4 of the SW 1/4 of said Section 3; thence South along 1/16 section lines to the Northwest corner of the SE 1/4 of the NW 1/4 of Section 10, T.31 N., R.11 W., M.D.M.; thence East along 1/16 section lines to the Northeast corner of the SE 1/4 of the NW 1/4 of said Section 10; thence South along mid section line to the Southeast corner of the SE 1/4 of the NW 1/4 of said Section 10; thence West along mid section lines to the Northeast corner of the NW 1/4 of the SE 1/4 of Section 8, T.31 N., R.11 W., M.D.M.; thence West along 1/16 section lines to the Northeast corner of the SW 1/4 of the SW 1/4 of said Section 8; thence South along 1/16 section lines to the Southeast corner of the SW 1/4 of the SW 1/4 of said Section 8; thence West along section lines to the Northeast corner of Section 18, T.31 N., R.11 W., M.D.M.; thence South along section lines to the Southeast corner of the SE 1/4 of the NE 1/4 of said Section 18; thence West along mid section lines to the Northeast corner of the NE 1/4 of the NE 1/4 of Section 13, T.31 N., R.12 W., M.D.M.; thence South along township lines to the Southeast corner of the SE 1/4 of the NE 1/4 of Section 24, T.31 N., R.12 W., M.D.M.; thence West along mid section lines to the Northeast corner of the NW 1/4 of the SW 1/4 of said Section 24; thence South along 1/16 section lines to the Northwest corner of the SE 1/4 of the NW 1/4 of Section 25, T.31 N., R.11 W., M.D.M.; thence East along 1/16 section lines to the Northeast corner of the SE 1/4 of the NW 1/4 of said Section 25; thence South along mid section lines to the Northwest corner of the SW 1/4 of the SE 1/4 of Section 36, T.31 N., R.11 W., M.D.M.; thence East along 1/16 section lines to the Northeast corner of the SE 1/4 of the SE 1/4 of said Section 36; thence South along township lines to the Southeast corner of said Section 36; thence East along township lines to the Northeast corner of the NW 1/4 of the NE 1/4 of Section 1, T.30 N., R.12 W., M.D.M.; thence South along 1/16 section lines to the Northwest corner of the NE 1/4 of the NE 1/4 of Section 12, T.30 N., R.12 W., M.D.M.; thence South along township lines to the Northwest corner of Section 18, T.30 N., R.11 W., M.D.M.; thence East along section lines to the Northeast corner of Section 16, T.30 N., R.11 W., M.D.M.; thence South along section lines to the Southeast corner of said Section 16; thence West along section lines to the Northeast corner of Section 20, T.30 N., R.11 W., M.D.M.; thence South along section lines to the Southeast corner of the NE 1/4 of the NE 1/4 of Section 29, T.30 N., R.11 W., M.D.M.; thence West along 1/16 section lines to the Southwest corner of the NE 1/4 of the NE 1/4 of said Section 29; thence North along 1/16 section lines to the Northwest corner of the NE 1/4 of the NE 1/4 of said Section 29; thence West along section lines to the Southwest corner of Section 20, T.30 N., R.11 W., M.D.M.; thence North along section lines to the Southeast corner of the NE 1/4 of the NE 1/4 of Section 19, T.30 N., R.11 W., M.D.M.; thence East along 1/16 section lines to the Southwest corner of the NE 1/4 of the NE 1/4 of said Section 19; thence North along 1/16 section lines to the Northwest corner of the NE 1/4 of the NE 1/4 of said Section 19; thence West along section lines to the Southwest corner of Section 18, T.30 N., R.11 W., M.D.M.; thence North along township lines to the Southeast corner of the NE 1/4 of the SE 1/4 of Section 13, T.30 N., R.12 W., M.D.M.; thence West along 1/16 section lines to the Southwest corner of the NE 1/4 of the SE 1/4 of said Section 13; thence North along 1/16 section lines to the Southeast corner of the SW 1/4 of the NE 1/4 of said Section 13; thence West along mid section lines to the Southwest corner of the SW 1/4 of the NE 1/4 of said Section 13; thence North along mid section lines to the Southeast corner of the NE 1/4 of the NW 1/4 of said Section 13; thence West along 1/16 section lines to the Southwest corner of the NE 1/4 of the NW 1/4 of said Section 13; thence North along 1/16 section lines to the Southeast corner of the NW 1/4 of the SW 1/4 of Section 12, T.30 N., R.12 W., M.D.M.; thence West along 1/16 section lines to the Southwest corner of the NW 1/4 of the SE 1/4 of Section 11, T.30 N., R.12 W., M.D.M.; thence North along 1/16 section lines to the Northwest corner of the SW 1/4 of the NE 1/4 of said Section 11; thence East along 1/16 section lines to the Southwest corner of the NW 1/4 of the NW 1/4 of Section 12, T.30 N., R.12 W., M.D.M.; thence North along section lines to the Northwest corner of Section 1, T.30 N., R.12 W., M.D.M.; thence West along township lines to the Southwest corner of Section 36, T.31 N., R.12 W., M.D.M.; thence North along section lines to the Southeast corner of Section 26, T.31 N., R.12 W., M.D.M.; thence West along section lines to the Southwest corner of said Section 26; thence North along section lines to the Southeast corner of Section 22, T.31 N., R.12 W., M.D.M.; thence West along section lines to the Southwest corner of the SE 1/4 of the SW 1/4 of Section 21, T.30 N., R.12 W., M.D.M.; thence North along 1/16 section lines to the Northwest corner of the SE 1/4 of the NW 1/4 of said Section 21; thence East along 1/16 section lines to the Southwest corner of the NW 1/4 of the NE 1/4 of said Section 21; thence North along 1/16 section lines to the Northwest corner of the NW 1/4 of the NE 1/4 of said Section 21; thence West along section lines to the Southwest corner of Section 16, T.31 N., R.12 W., M.D.M.; thence North along section lines to the Southeast corner of Section 8, T.31 N., R.12 W., M.D.M.; thence West along section lines to the Southwest corner of said Section 8 and the Point of Beginning of this description. CIP-CA 7
Findings & Recommendations
12 findings
F1:
Career Technical Education (CTE), also known as vocational education and Regional Occupational Program (ROP), is funded inadequately at the three high school districts in Trinity County. Auto shop, a dynamically changing trade for mechanics, along with home economics and expanded electives have been terminated on high school campuses.
Related Recommendations (1)
R1:
Secure for students the maximum share of the $52-154 million of State budget funds in July, 2007 for Career Technology.
F2:
With an unemployment rate consistently in double digits, fee assistance for low-income students needs to be expanded. Moving young adults off public assistance & providing training is in the best interest of all taxpayers.
Related Recommendations (1)
R2:
Encourage support and education at public forums for the recently qualified ballot initiative which will cut fees for students at community colleges.
F3:
With plans in place to complete the extended education sites in Weaverville and Red Bluff during 2008, transportation will be a key factor in filling seats.
Related Recommendations (1)
R3:
Use a comprehensive regional approach to make adequate transportation available at a reasonable cost to students and lifelong learners. 3) Students are offered: Grade Levels a) Study Skills b) School to Work c) Peer Helping d) Student Success e) School on the Road 4) A student 16 or older who earns a certificate when passing CHSEE can immediately proceed to apply to a Community College. True or False? 5) Education Code Section 48800 allows students to attend Community College classes. Do you have students doing this? What grade level? Is attendance at an "outreach" campus &/or online? 6) Do you receive materials from Shasta/Tehama/Trinity Community College District? Explain. 7) Are you aware that a new "outreach" campus (approx. 4500 sq. ft.) of the above district may be available in Weaverville as soon as 2008? 8) Explain in a generic sense, a typical situation which students want addressed, related to work opportunities that are not academically oriented. 9) From this list of "vocational" campuses, do you know of any students attending? Lake College DeVry University Heald Business College ITT Tech Shasta Cosmetology School Shasta Fire Academy Skyway Beauty Academy Other - Please Name: 10) What in particular would you like to receive and put to work for students from your share of $154 million in the State budget this July for Career Technology? Thank you again for your assistance and feedback! ATTACHMENT 2 March 29, 2007 Shasta-Tehama-Trinity Joint Community College District 11555 Old Oregon Trail, PO Box 496006 Redding, CA 96049-6006 If there is documentation to be sent or additional comment on any question, please show the number of the question. Your assistance is greatly appreciated. Mail to: PO Box 1117 Weaverville, CA 96093 Sincerely, 2006-07 Trinity County Grand Jury, Special Districts & Programs Committee Questions Asked -- 1) Are you familiar with the term Career Technical Education(CTE)? If yes, have you received materials from the State of California Department of Education, other Community Colleges or a County Office of Education? Send a sample brochure if possible. Was anyone from your campus invited to the recent CTE conference held in Southern California attended by the Governor of California? The terms Vocational Education and Regional Occupational Program (ROP) have been used, and continue to be used, to identify the programs we are discussing. Use the following list to indicate (by check mark) any and all which are offered on your campuses: Yes (check) a) Automotive and Diesel Technology b) Construction Technology c) Welding Technology d) Electronic Technology e) Environmental Resources f) Fire Technology g) Industrial Technology (apprenticeship training) h) Geographic Information Systems Also, Legal Assistant Office Administration Student Development (learning community, college success, peer tutoring, career choice) Horticulture/Agriculture Culinary Arts Hospitality (internet)/Casino Management Health Occupations (division) 3) Students are offered: Grade Levels a) Worksite Learning (Readiness) b) Distance Education (ITV) c) Online Classes (Internet) d) Special Admit for Concurrent Enrollment e) Assessment Center at Extended Education Sites f) Career and Transfer Center g) Counseling (by phone) h) Student Support Services and Skills Workshops 4) A student 16 or older who earns a certificate when passing CHSEE can immediately proceed to apply to Community College. True or False? 5) Education Code Section 48800 allows students to attend Community College classes. Do you have students doing this? What grade level? Is attendance at "outreach" campus &/or online? 6) What in particular would you like to receive and put to work for students from your share of $154 million in the State budget this July for Career Technology? 7) The new "outreach" campus (approx. 4500 sq.ft.) is scheduled for availability when? Is work scheduled with local contractors & skilled laborers? When did the escrow close? 8) Briefly explain Board of Governor's Grants, scholarships and fee assistance for low-income students. Estimate what percentage apply and qualify. Which programs can be identified as moving people off assistance by providing training? 9) The Governing Board currently has seven members representing Central and Southern Shasta and Tehama Counties, plus Northeastern and Western Shasta County...what is lacking on a Board without any current representation from Trinity County? Positive/Negative example. Site/Center Supervisor, Weaverville Center position. Bond Measure A applied tax to bills of ALL parcels in Trinity County...Board used what authority? 10) The extended education site is currently called Shasta College @ Weaverville (Center). What will be the official name when the new extended education site opens? Please clarify, since past and current Board of Trustees meeting minutes use the following names: a) Weaverville Extended Education Site; b) Trinity County Center and c) Trinity Center. 11) Explain the terms "project funds be REVERTED" and "new appropriation level". For example, as anticipated for the Library Annex Project. Also, the term "new -97- · adjusted budget". 12) Concerning the Tehama College Center, when opened in Red Bluff (05/2008), can you plan for and implement (based on demand) a need to provide transportation (Tuesday & Thursday) to students in the southeastern region of Trinity County (Hayfork, Wildwood, Peanut areas)? -98- ATTACHMENT 3 4 Monthly Board Report on Construction Projects Prepared for the Board Meeting May 9, 2007 PROJECT
F4:
A student 16 or older who earns a certificate when passing CHSEE can immediately proceed to apply to a Community College. True or False?
Related Recommendations (1)
R4:
A student 16 or older who earns a certificate when passing CHSEE can immediately proceed to apply to a Community College. True or False?
F5:
Education Code Section 48800 allows students to attend Community College classes. Do you have students doing this? What grade level? Is attendance at an "outreach" campus &/or online?
Related Recommendations (1)
R5:
Education Code Section 48800 allows students to attend Community College classes. Do you have students doing this? What grade level? Is attendance at an "outreach" campus &/or online?
F6:
Do you receive materials from Shasta/Tehama/Trinity Community College District? Explain.
Related Recommendations (1)
R6:
Do you receive materials from Shasta/Tehama/Trinity Community College District? Explain.
F7:
Are you aware that a new "outreach" campus (approx. 4500 sq. ft.) of the above district may be available in Weaverville as soon as 2008?
Related Recommendations (1)
R7:
Are you aware that a new "outreach" campus (approx. 4500 sq. ft.) of the above district may be available in Weaverville as soon as 2008?
F8:
Explain in a generic sense, a typical situation which students want addressed, related to work opportunities that are not academically oriented.
Related Recommendations (1)
R8:
Explain in a generic sense, a typical situation which students want addressed, related to work opportunities that are not academically oriented.
F9:
From this list of "vocational" campuses, do you know of any students attending? Lake College DeVry University Heald Business College ITT Tech Shasta Cosmetology School Shasta Fire Academy Skyway Beauty Academy Other - Please Name:
Related Recommendations (1)
R9:
From this list of "vocational" campuses, do you know of any students attending? Lake College DeVry University Heald Business College ITT Tech Shasta Cosmetology School Shasta Fire Academy Skyway Beauty Academy Other - Please Name:
F10:
What in particular would you like to receive and put to work for students from your share of $154 million in the State budget this July for Career Technology? Thank you again for your assistance and feedback! ATTACHMENT 2 March 29, 2007 Shasta-Tehama-Trinity Joint Community College District 11555 Old Oregon Trail, PO Box 496006 Redding, CA 96049-6006 If there is documentation to be sent or additional comment on any question, please show the number of the question. Your assistance is greatly appreciated. Mail to: PO Box 1117 Weaverville, CA 96093 Sincerely, 2006-07 Trinity County Grand Jury, Special Districts & Programs Committee Questions Asked --
Related Recommendations (1)
R10:
What in particular would you like to receive and put to work for students from your share of $154 million in the State budget this July for Career Technology? Thank you again for your assistance and feedback! ATTACHMENT 2 March 29, 2007 Shasta-Tehama-Trinity Joint Community College District 11555 Old Oregon Trail, PO Box 496006 Redding, CA 96049-6006 If there is documentation to be sent or additional comment on any question, please show the number of the question. Your assistance is greatly appreciated. Mail to: PO Box 1117 Weaverville, CA 96093 Sincerely, 2006-07 Trinity County Grand Jury, Special Districts & Programs Committee Questions Asked --
F11:
Explain the terms "project funds be REVERTED" and "new appropriation level". For example, as anticipated for the Library Annex Project. Also, the term "new -97- · adjusted budget".
Related Recommendations (1)
R11:
Explain the terms "project funds be REVERTED" and "new appropriation level". For example, as anticipated for the Library Annex Project. Also, the term "new -97- · adjusted budget".
F12:
Concerning the Tehama College Center, when opened in Red Bluff (05/2008), can you plan for and implement (based on demand) a need to provide transportation (Tuesday & Thursday) to students in the southeastern region of Trinity County (Hayfork, Wildwood, Peanut areas)? -98- ATTACHMENT 3 4 Monthly Board Report on Construction Projects Prepared for the Board Meeting May 9, 2007 PROJECT
Related Recommendations (1)
R12:
Concerning the Tehama College Center, when opened in Red Bluff (05/2008), can you plan for and implement (based on demand) a need to provide transportation (Tuesday & Thursday) to students in the southeastern region of Trinity County (Hayfork, Wildwood, Peanut areas)? -98- ATTACHMENT 3 4 Monthly Board Report on Construction Projects Prepared for the Board Meeting May 9, 2007 PROJECT
Findings & Recommendations
5 findings
F1:
(Funding Sources) Grants are the main source of funding for the airports, particularly the special aviation fund (Fund 1852) and airport development and maintenance fund (Fund 1853). Four of the five county airports are eligible for federal and state funding. State grants typically fund ninety percent of eligible project costs, while Federal grants fund about ninety-seven percent of direct project costs, with county funds making up the balance in each case. Hangar rent and leases are an additional source of revenue. Hangar rental fees are generally a flat rate per year. Fifty percent of hangar rental fees go to county schools, the remainder to the county general fund. Approximately twenty-eight percent of the revenue generated goes to pay insurance premiums for the county airports.
Related Recommendations (1)
R1:
Restructure the hangar fees from a flat rate to a rate that reflects the amount of land involved in a tie down. For example, at Trinity Center, plane owners have extended their landscaping onto airport property. "One price fits all" as a chargeable rate is outmoded. Continue to pursue grant funding for the airports.
F2:
(Uses of Airport Property) At Weaverville airport, the County of Trinity has built other facilities on the airport property. These serve General Services, Juvenile Hall and Behavioral Health. No airport rental fees are paid.
Related Recommendations (1)
R2:
Non-airport uses of airport land should be charged rent, regardless of the entity renting the facilities. In the case of county departments on airport property, they should be reimbursing the airport for the use of these facilities. If other than the county used these facilities, they would be rented to other entities and bring in revenue. The airport should not be denied a possible income source.
F3:
(Weaverville Airport Relocation) Weaverville airport does not meet FAA standards and cannot be brought into compliance because of the issue of runway grade. A suitable relocation site has been chosen behind Tops Market. Trinity County Board of Supervisors (BOS) is in the process of environmental review and countywide Land Use Plan approval.
Related Recommendations (1)
R3:
Relocate the Weaverville airport to the new, proposed location. Fast-track land use approval for the new airport location. When relocated, build hangars immediately to provide lease revenue to operate the airport.
F4:
(Trinity Center Airport Expansion) The runway at Trinity Center airport does not meet all FAA requirements for use by small business jets, which are landing there.
Related Recommendations (1)
R4:
Negotiate with the U.S. Forest Service for the lease of more land to extend the runway.
F5:
(Rental Fees for Fire Crews) During the summer of 2006, Weaverville airport was completely closed to the public as it was a staging area for fire crews on the Junction Fire. Although rent was charged, it may not have been adequate to compensate for financial impacts to the county from lack of access.
Related Recommendations (1)
R5:
Review rental fees currently charged. Compare our rate structure to similar airports. Consider the countywide financial impacts when closing an airport to the public for use by U.S. Forest Service and other firefighting entities. Conclusion: The five airports serve residents throughout Trinity County. Current uses and funding sources are in need of further review to most efficiently deal with future plans for their operation. Responses Required: Entity
Findings & Recommendations
1 findings
F1:
Staff were very informative and forthcoming, providing the jury with a sample brochure, (a work in progress), being compiled by the facility staff to be used when addressing students in public schools, as was recommended by the 2005-2006 Grand Jury. A public web site is also being developed where additional information could be obtained. The committee toured most every room within the facility, with the exception of the rooms being used currently by juveniles. The facility was found to be clean and organized. The central control center is state-of-the-art and handles the entire facility, monitoring everything in and around the compound. The kitchen was clean and efficient. The Trinity County Detention Facility kitchen provides the regular meals for the Juvenile Detention Center. The facility houses male juveniles on the ground floor with female inmates occupying the upper floor. The showers were clean and provide for privacy of inmates. Inmates do the primary cleaning of the facility. The classroom was orderly and provided inmates a daily minimum of 4 1/2 hours of educational opportunity. Before admission to the facility, all inmates undergo a medical screening. A facility doctor is under contract. He makes rounds 2-3 times per week. A point system is in place offering inmates opportunities to achieve privileges for good behavior vs. punishment or lack of privileges for bad behavior. The basic rules are posted in the common room. Inmates are advised of their rights and understand the consequences of bad behavior and that privileges may be taken away.
Related Recommendations (1)
R1:
Complete usable brochure for public school contact and create a functional web site for providing basic information to the public. Conclusion: Under the supervision of the Chief Probation Officer and his staff the Juvenile Detention Center is well-managed, clean and efficiently run. Responses Required:
Findings & Recommendations
1 findings
F1:
During the 2006 calendar year the Trinity River Conservation Camp, through conservation and work projects, provided the local community with 67,984 work hours to Local, State and Federal government agencies. In addition to project and conservation work, the inmate fire crews provided 83,800 hours in fire fighting and other emergency work. It is estimated the CDCR inmates at Trinity River Conservation Camp #3 provided a cost avoidance to the taxpayers of California of $1,347,880.00. The inmate crews are available to any government agency, county, city, state or federal project. The cost per day for this crew is $200.00 which includes 17 men, supervision and some light equipment.
Related Recommendations (1)
R1:
It is recommended that the County utilize the crews to provide supplemental help (where appropriate) in community projects, i.e., fuels reduction around public structures, rehabilitation of wildfire areas, airport grounds maintenance etc., thereby saving the County funds that may be applied to other much-needed projects. Conclusion: The facilities are in excellent condition with all work being supplied by the inmates. There are extensive criteria to be met before an inmate is approved for a conservation camp. The Trinity River Conservation Camp management is to be commended for its efficiency and training in the use of inmates for worthwhile projects, which greatly help our local communities, as well as in helping the inmates be more productive citizens. Responses Required:
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Findings & Recommendations
2 findings
F1:
There is no single entity within county government called "Youth Services." While many different entities within the county (both public and private) provide a variety of programs for youth ages 12-17, these programs are run quite independently of each other. There are only minimal county services for youth and virtually no coordination of these services.
Related Recommendations (1)
R1:
A percentage of property tax revenues should be designated for coordinated and increased services for youth. Investment now will save dollars later.
F2:
While county departments work with the Office of Education, State of California and private sources to fund projects, the existing revenue sources for prevention programs for this age group is quite elusive at best and is most often at risk of being terminated. Grant monies are difficult to find and the programs last only short periods of time.
Related Recommendations (1)
R2:
Provide consistent funding for pre-judicial youth programs. Also, support more generously the few programs that are in place and expand the range of services. Conclusion: If the county invested amounts now, directly, for pre-judicial youth programs, it will save the taxpayers measurable tax dollars in the future and result in more productive young adults. Responses Required: Entity
Findings & Recommendations
5 findings
F1:
During the initial inspection, the detention facility was in a state of disrepair. Understaffed: The jail is functioning with less than 50% of its required staffing. County funding has cut staff levels at the jail by half. Current staff is young and inexperienced without adequate training. A minimum of two jailers (one man and one woman when possible) are working twelve hour shifts. This creates problems complying with the safety and procedure practices set forth by the California Code of Regulations. For example, when one officer is distributing medications only one officer is available to watch the front, book new prisoners, do head counts, answer phones and tend to any other responsibilities. Security measures are less than ideal. Potential breakouts threaten the safety of the officers, inmates and the general public.
Related Recommendations (1)
R1:
Increase staffing levels and improve training for all personnel.
F2:
Staff Morale: Trinity County deputies and correctional officers have been promised but are not currently included in the State CalPERS 3% at age 50 retirement program which is in place for most other state and county law and fire agencies. They hope to have this program in place within the next 2 years. Pay parity is below that of surrounding counties and there is limited affordable housing. Morale of the jailers is low due to the working conditions (long hours without breaks, cramped work space, overbooked jail and little public support).
Related Recommendations (1)
R2:
Start the process to access funding for the immediate repairs needed to bring the jail up to safety and health standards. Encourage county supervisors to approve the improved benefits package.
F3:
Jail Conditions: Overall, the conditions are dismal. Security procedures are being ignored or shortcut due to understaffing and overcrowding. General Services has been slow to respond when it comes to maintenance. Surveillance: There is a need to improve and update the security surveillance cameras to monitor continuously rather than every three seconds. Space: More is needed for supplies and additional prisoners. Currently the maximum jail capacity is 53 inmates. Often, there are up to 68 inmates held. Cells are intended to room 4-6 prisoners and are being used by up to 10. Ventilation system: Dust and debris is clogging the ventilation system. General Services has been unable to fix or contract a vendor to handle this problem. The air is stifling in several of the dorms, (most notably F & G), causing safety and health concerns. Exercise yard: A security risk. Numerous escape attempts have been made from here. The surveillance cameras should be mounted higher up out of reach and inclined fencing could be added to discourage going over the wall. The concrete/stucco walls are being gouged by the prisoners and as a result are crumbling and falling apart, giving prisoners hall size chunks of concrete to hit with or throw.
Related Recommendations (1)
R3:
Look into fund-raising opportunities including grants available for the county to design and build a new jail facility. The current jail is not designed to be easily modified or updated to accommodate future needs. Have physician type the prescription directions on all medications to avoid errors in distributing medicines to inmates.
F4:
Meals: The mess hall was in good operating condition and appeared to be used efficiently for staff and inmates. Two cold meals and one hot meal are served daily to inmates. Staff commented that the food serving sizes have been reduced due to budget constraints. Some prisoners have complained.
Related Recommendations (1)
R4:
No recommendation on this finding.
F5:
The Dispatch Center is modern and helps increase safety and proficiency of jail staff. It is a valuable asset to the facility and an example of using grant funding to make a difference in county departments.
Related Recommendations (1)
R5:
No recommendation on this finding. Conclusion: On March 6, 2007, a follow-up visit and interview with the jail commander by members of the Grand Jury Judicial Committee discovered that numerous repairs had been made and are ongoing within the facility. "F" Dorm repairs have been completed (plumbing leaks fixed, fixtures replaced and ventilation system repaired), and "G" Dorm repairs were currently under construction. "C" Dorm plumbing repairs have also been completed. The jail has hired two new employees but has lost three (two were relieved of duty and one left to attend the academy). There is available funding to hire three additional staff although there has been a shortage of qualified applicants applying for the positions. Considering the limits on funding, the overcrowding and disrepair of the jail, the Grand Jury feels the jail staff is doing a satisfactory job. Responses Required:
Findings & Recommendations
3 findings
F11007:
(d) "Decontamination" means the process of reducing the level of a known contaminant to a level that is deemed safe for human reoccupancy, as established pursuant to Section 25400.16 using currently available methods and processes. (e) "Department" means the Department of Toxic Substances Control. (f) "Designated local agency" means a city, county, or city and county agency designated by the local health officer to carry out all, or any portion of, responsibilities assigned to the local health officer as specified by this chapter. The local health officer may authorize any of the following to serve as a designated local agency: (1) The Certified Unified Program Agency or CUPA as certified pursuant to Chapter 6.11 (commencing with Section 25404), except in a jurisdiction where the state is acting as the CUPA pursuant to subdivision (f) of Section 25404.3. (2) The fire department or environmental health department. (3) The local agency responsible for enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13). (g) "Disposal of contaminated property" means the disposal of property that is a hazardous waste in accordance with Chapter 6.5 (commencing with Section 25100). (h) "Hazardous chemical" means a chemical that is determined by the local health officer to be toxic, carcinogenic, explosive, corrosive, or flammable that was used in the manufacture or storage of methamphetamine that is prohibited by Section 11383. (i) "Illegal methamphetamine manufacturing or storage site" or "site" means property where a person manufactures methamphetamine or stores methamphetamine or a hazardous chemical used in connection with the manufacturing or storage and in violation of Section 11383. (j) "Local health officer" means a county health officer, a city health officer, or an authorized representative of that local health officer. (k) "Methamphetamine laboratory activity" means the illegal manufacturing or storage of methamphetamine. (1) "Office" means the Office of Environmental Health Hazard Assessment. (m) "Posting" means attaching a written or printed announcement conspicuously on property that is determined to be contaminated by a methamphetamine laboratory activity or the storage of methamphetamine or a hazardous chemical. — 5 — Ch. 570 (n) "Preliminary site assessment work plan" or "PSA work plan" means a plan to conduct activities to determine the extent and level of contamination of an illegal methamphetamine manufacturing or storage site and that is prepared in accordance with the requirements of Section 25400.36. (o) "Preliminary site assessment" or "PSA" means the activities taken to determine the extent and level of contamination of an illegal methamphetamine manufacturing or storage site that are conducted in accordance with an approved PSA work plan. (p) "Preliminary site assessment report" or "PSA report" means a determination that the levels of contamination at an illegal methamphetamine manufacturing or storage site require remediation, including a recommendation for the remedial actions required for the site to meet human occupancy standards, and that is prepared in accordance with Section 25400.37. (q) (1) "Property" means any parcel of land, structure, or part of a structure where the manufacture of methamphetamine or storage of methamphetamine or a hazardous chemical that is prohibited by Section 11383, occurred, including, manufactured housing and mobilehomes. (2) Notwithstanding paragraph (1), "property" does not include any of the following: (A) A mobilehome park or manufactured housing park, as defined, respectively, in Section 798.4 or 798.6 of the Civil Code. (B) A manufactured housing community, as defined in Section 18801. (C) A mobilehome park or park, as defined, respectively, in Section 18214 or 18214.5. (D) A mobilehome or manufactured housing located in a mobilehome park, manufactured housing park, or manufactured housing community, or park, as defined in this paragraph. (3) Paragraph (2) shall become inoperative on January 1, 2008, unless a later enacted statute that is enacted before January 1, 2008, deletes or extends that date. (r) (1) "Property owner" means a person owning property by reason of obtaining it by purchase, exchange, gift, lease, inheritance, or legal action. (2) Notwithstanding paragraph (1), "property owner" does not include any of the following: (A) The manager or owner of a mobilehome park, manufactured housing park, manufactured housing community, or park, as defined in paragraph (2) of subdivision (q). (B) An agent or representative authorized to act on behalf of a manager or owner specified in subparagraph (A). (C) A person who owns a mobilehome located in a mobilehome park, manufactured housing park, manufactured housing community, or park. (3) Paragraph (2) shall become inoperative on January 1, 2008, unless a later enacted statute that is enacted before January 1, 2008, deletes or extends that date. Ch. 570 — 6 — (s) "Storage site" means any property used for the storage of a hazardous chemical or methamphetamine that is prohibited by Section 11383. (t) "Warning" means a sign posted by the local health officer conspicuously on property where methamphetamine was manufactured or stored, informing occupants that hazardous chemicals exist on the premises and that entry is unsafe. 25400.12. Any term not defined expressly by this article shall have the same meaning as defined in Chapter 6.8 (commencing with Section 25300). Article 2. Establishment of Remediation and Reoccupancy Standards 25400.16. (a) Except as provided in subdivision (c), property contaminated by methamphetamine laboratory activity is safe for human occupancy for purposes of this chapter only if the level of methamphetamine on any indoor surface is less than, or equal to, 0.1 micrograms per 100 square centimeters. (b) Except as provided in subdivision (c), if property is contaminated by methamphetamine laboratory activity that included the use of lead or mercury compounds, in addition to the requirements of subdivision (a), property is safe for human occupancy for purposes of this chapter only if both of the following standards are met with regard to that property: (1) The total level of lead is less than, or equal to, 20 micrograms per square foot. (2) The level of mercury is less than, or equal to, 50 nanograms per cubic meter in air. (c) Subdivisions (a) and (b) shall become inoperative on the effective date that the department, in consultation with the office, adopts a health-based target remediation standard for methamphetamine to determine when a property contaminated by methamphetamine laboratory activity only is safe for human occupancy, in which case any reference in this chapter to a human-occupancy standard specified in this section shall mean only the health-based target remediation standard for methamphetamine adopted by the department. (d) The department shall conduct two public workshops, one in northern California and one in southern California, for the purpose of discussing with affected stakeholders the actions needed to further implement the goals of this chapter. The department may include, as topics for discussion, possible funding sources for local governments for the purposes of implementing this chapter, whether this chapter should be revised to address the contamination of properties by the illegal manufacturing of other controlled substances, and the results of the Illegal Drug Lab Risk Reduction Project conducted by the California Environmental Protection Agency pursuant to its adopted environmental justice action plan. — 7 — Ch. Article 3. Local Health Officer Responsibilities 25400.17. (a) Notwithstanding any other provision of law, a city, county, or city and county shall comply with the uniform regulations and standards established pursuant to this chapter. ,(b) A local health officer may delegate all or part of the duties specified in this chapter to a designated local agency. (c) If a methamphetamine laboratory activity has taken place at a property, the local health officer shall assume that the methamphetamine manufacturing process has led to some degree of chemical contamination and shall take action pursuant to this chapter. 25400.18. Within 48 hours after receiving notification from a law enforcement agency of potential contamination of property by a methamphetamine laboratory activity, the local health officer shall post a written notice in a prominent location on the premises of the property. At a minimum, the notice shall include all of the following information: (a) The word "WARNING" in large bold type at the top and bottom of the notice. (b) A statement that a methamphetamine laboratory was seized on or inside the property. (c) The date of the seizure. (d) The address or location of the property including the identification of any dwelling unit, room number, apartment number, or mobilehome or manufactured home identification number. (e) The name and contact telephone number of the agency posting the property. (f) A statement specifying that hazardous substances, toxic chemicals, or other hazardous waste products may have been present and may remain on or inside the property. (g) A statement that it is unlawful for an unauthorized person to enter the contaminated portion of the property until advised that it is safe to do so by the local health officer or designated local agency. (h) A statement that a person disturbing or destroying the posted notice is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). (i) A statement that a person violating the posted notice is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). 25400.19. Within five working days after receiving a notification from a law enforcement agency of known or suspected contamination of a property by a methamphetamine laboratory activity, or upon notification from the property owner, the local health officer shall inspect the property pursuant to this section. (a) The property inspection shall include, but not be limited to, obtaining evidence of hazardous chemical use or storage and documentation of evidence of any chemical stains, cooking activity and release or spillage of hazardous chemicals used to manufacture methamphetamine. Ch. 570 — 8- (b) In conducting an inspection pursuant to this section, the local health officer may request copies of any law enforcement reports, forensic chemist reports, and any hazardous waste manifests, to evaluate all of the following: (1) The length of time the property was used as an illegal methamphetamine manufacturing or storage site. (2) The extent of the property actually used and contaminated in the manufacture of methamphetamine or the storage of methamphetamine or a hazardous chemical. (3) The chemical process that was involved in the illegal methamphetamine manufacturing. (4) The chemicals that were removed from the scene. (5) The location of the illegal methamphetamine manufacturing or storage site in relation to the habitable areas of the property. 25400.20. (a) Upon completing an inspection pursuant to Section 25400.19, the local health officer shall immediately determine whether the property is contaminated. (b) If the local health officer determines the property is contaminated, the local health officer shall take the actions specified in Section 25400.22. (c) If the local health officer determines that the property is not contaminated, within three working days after making that determination, the local health officer shall remove all notices posted pursuant to Section 25400.18 and prepare a written documentation of this determination, which shall include all of the following: (1) Findings and conclusions. (2) Name of the property owner, and, if applicable, mailing and street address of the property, or vehicle identification number, if' applicable. (3) Parcel identification number, if applicable. (d) Within 10 working days after preparing a written documentation of the determination made pursuant to subdivision (c) that the property is not contaminated, the local health officer shall send a copy of the documentation to the property owner, and to the local agency responsible for enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13). 25400.22. (a) No later than 10 working days after the date when a local health officer determines that property is contaminated pursuant to subdivision (b) of Section 25400.20, the local health officer shall do both of the following: (1) If the property is real property, record with the county recorder a lien on the property. The lien shall specify all of the following: (A) The name of the agency on whose behalf the lien is imposed. (B) The date on which the property is determined to be contaminated. (C) The legal description and the assessor's parcel number. (D) The record owner of the property. (E) The amount of the lien, which shall be the greater of two hundred dollars ($200) or the costs incurred by the local health officer in compliance with this chapter, including, but not limited to, the cost of — 9 — Ch. 570 inspection performed pursuant to Section 25400.20 and the county recorder's fee. (2) Issue to persons specified in subdivisions (d), (e), and (f) an order prohibiting the use or occupancy of the property. (b) The county recorder's fees for recording and indexing documents provided for in this subdivision shall be in the amount specified in Article 5 (commencing with Section 27360) of Chapter 6 of Part 3 of Title 3 of the Government Code. (c) The lien recorded pursuant to subdivision (a) shall have the force, effect, and priority of a judgment lien. The local health officer shall not release the lien until either of the following occurs: (1) The property owner satisfies the lien and the local health officer issues a release pursuant to Section 25400.27. (2) The hen is otherwise released under applicable law. (d) Except as otherwise specified in this section, an order issued pursuant to this section shall be served, either personally or by certified mail, return receipt requested, to all known occupants of the property and to all persons who have an interest in the property, as contained in the records of the recorder's office of the county in which the property is located. (e) If the whereabouts of the person described in subdivision (d) are unknown and cannot be ascertained by the local health officer, in the exercise of reasonable diligence, and the local health officer makes an affidavit to that effect, the local health officer shall serve the order by personal service or by mailing a copy of the order by certified mail, postage prepaid, return receipt requested, as follows: (1) The order shall be served to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located, and to all occupants of the affected unit. (2) The order shall be served at the address contained in the record of the county recorder. (f) The local health officer shall also mail a copy of the order required by this section to the address of each person or party having a recorded right, title, estate, lien, or interest in the property and to the association of a common interest development, as defined in Section 1351 of the Civil Code. (g) The order issued pursuant to this section shall include all of the following information: (1) A description of the property. (2) The parcel identification number, if applicable. (3) The vehicle identification number, if applicable. (4) A description of the local health officer's intended course of action. (5) A specification of the penalties for noncompliance with the order. (6) A prohibition on the use of all or portions of the property that are contaminated. (7) A description of the measures the property owner is required to take to decontaminate the property. Ch. 570 —10 — (8) An indication of the potential health hazards involved. (9) A statement that a property owner who fails to provide a notice or disclosure that is required by this chapter is subject to a civil penalty of up to five thousand dollars ($5,000). (h) The local health officer shall provide a copy of the order to the local building or code enforcement agency or other appropriate agency responsible for the enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13). (i) The local health officer shall post the order in a conspicuous place on the property within one working day of the date that the order is issued. Article 4. Site Assessment and Remediation 25400.25. (a) A property owner who receives an order issued pursuant to Section 25400.22 that property owned by that person is contaminated by a methamphetamine laboratory activity, a property owner who owns property that is the subject of an order posted pursuant to subdivision(i) of Section 25400.22, and a person occupying property that is the subject of the order, shall immediately vacate the affected unit that is determined to be in a hazardous zone by the local health officer. (b) No later than 30 days after receipt of an order issued pursuant to Section 25400.22, the property owner shall demonstrate to the local health officer that the property owner has retained a methamphetamine laboratory site remediation firm that is an authorized contractor to remediate the contamination caused by the methamphetamine laboratory activity. 25400.26. (a) A property owner who receives an order issued pursuant to Section 25400.22 that property owned by that person is contaminated by a methamphetamine laboratory activity, or a property owner who owns property that is the subject of an order posted pursuant to subdivision (i) of Section 25400.22, shall utilize the services of an authorized contractor to remediate the contamination caused by the methamphetamine laboratory activity, in accordance with the procedures specified in this section. (b) The property owner and the local health officer shall keep all required records documenting decontamination procedures for three years following certification that the property is habitable. (c) The property owner or the property owner's authorized contractor shall submit a preliminary site assessment work plan to the local health officer for review no later than 30 days after demonstrating to the local health officer that an authorized contractor has been retained to remediate the contamination caused by the methamphetamine laboratory activity. (d) (1) No later than 10 working days after the date the PSA work plan is submitted by the property owner, the local health officer shall review the PSA work plan to determine whether the PSA work plan complies with this chapter, including the procedures established pursuant to Section 2540035. — 11 — Ch. 570 (2) If there are any deficiencies in a submitted PSA work plan, the local health officer shall inform the property owner and authorized contractor, in writing, of those deficiencies no later than 15 days of the date that the PSA work plan was submitted to the local health officer. (3) If the local health officer approves the plan, the local health officer shall inform in writing, the property owner and authorized contractor no later than 15 days of the date that the PSA work plan was submitted to the local health officer. (e) (1) After a PSA is completed in accordance with the PSA work plan, the property owner and authorized contractor shall prepare a PSA report in accordance with Section 25400.37 and submit the PSA report to the local health officer. (2) If after a PSA is completed in accordance with a PSA work plan, and the local health officer, upon review of the PSA report, determines there is no level of contamination at a site that requires remediation, the local health officer shall take the actions specified in Section 25400.27. (f) The property owner shall complete remediation of all applicable portions of the contaminated property in accordance with this chapter no later than 90 days after the date that the PSA work plan has been approved by the local health officer. The local health officer may extend the date for completion of the remediation, in writing. 25400.27. (a) If a local health officer determines that property that has been the subject of a PSA report has been remediated in accordance with this chapter, or if the local health officer makes the determination specified in paragraph (2) of subdivision (e) of Section 25400.26, the local health officer shall issue a no further action determination. (b) For real property, within 10 working days of the date of making the determination or of receiving payment for the amount of the lien recorded pursuant to paragraph (1) of subdivision (a) of Section 25400.22, whichever is later, the local officer shall do both of the following: (1) Release the lien recorded with the county recorder. The release shall specify all of the following: (A) The name of the agency on whose behalf the lien is imposed. (B) The recording date of the lien being released. (C) The legal description and the assessor's parcel number. (D) The record owner of the property. (E) The recording instrument, or book and page, of the lien being released. (2) Send a copy of the release stating that the property was remediated in accordance with this chapter, does not violate the standard for human occupancy established pursuant to this chapter, and is habitable, to the property owner, local agency responsible for the enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13), and all recipients pursuant to this section and Section 25400.22. 25400.28. Until a property owner subject to Section 25400.25 receives a notice from a local health officer pursuant to Section 25400.27 that the Ch. 570 —12-- property identified in an order requires no further action, all of the following shall apply to that property: (a) Except as otherwise required in Section 1102.3 or 1102.3a of the Civil Code, the property owner shall notify the prospective buyer in writing of the pending order, and provide the prospective buyer with a copy of the pending order. The prospective buyer shall acknowledge, in writing, the receipt of a copy of the pending order. (b) The property owner shall provide written notice to all prospective tenants that have completed an application to rent an affected dwelling unit or other property of the remediation order, and shall provide the prospective tenant with a copy of the order. The prospective tenant shall acknowledge, in writing, the receipt of the notice and pending order before signing a rental agreement. The notice shall be attached to the rental agreement. If the property owner does not comply with this subdivision, the prospective tenant may void the rental agreement. Article 5. Remediation of Contaminated Property by a City or County 25400.30. (a) If a property owner does not initiate or complete the remediation of property in compliance with an order issued by a local health officer pursuant to this chapter, the city, county, or city and county in which the property is located may, at its discretion, take action to remediate the residually contaminated portion of the property pursuant to this chapter or may seek a court order to require the property owner to remediate the property in compliance with this chapter. (b) If a local health officer is unable to locate a property owner within 10 days after the date the local health officer issues an order pursuant to Section 25400.22, the city, county, or city and county in which the property is located may remediate the property in accordance with this article. The city or county or its contractors may remove contaminated property as part of this remediation activity. (c) If a city, county, or city and county elects to remediate contaminated property pursuant to this article, the property owner is liable for, and shall pay the city or county for, all actual costs related to the remediation, including, but not limited to, all of the following: (1) Posting and physical security of the contaminated site. (2) Notification of affected people, businesses or any other entity. (3) Actual expenses related to the recovery of cost, laboratory fees, cleanup services, removal costs, and administrative and filing fees. (d) If a property owner does not pay the city, county, or city and county for the costs of remediation specified in subdivision (c), the city, county, or city and county may record a nuisance abatement lien pursuant to Section 38773.1 of the Government Code against the property for the actual costs related to the remediation or bring an action against the property owner for the remediation costs. The nuisance abatement lien -13 — Ch. 570 shall have the effect, priority, and enforceability of a judgment lien from the date of its recordation. Article 6. Requirements for Property Assessment and Cleanup 25400.35. A local health officer shall establish a written plan consistent with this chapter outlining the procedures to be followed for conducting the remediation to property for purposes of this chapter. The procedures shall comply with this article and any regulations adopted pursuant to this chapter, and shall include, but not be limited to, procedures for the preparation of a preliminary site assessment work plan, the conduct of a preliminary site assessment to determine the extent and level of contamination, in accordance with that PSA work plan, and the preparation of a PSA report containing the results of the preliminary site assessment and recommendations for remediation to meet the occupancy standards specified in Section 25400.16. 25400.36. The PSA work plan shall include, but is not limited to, all of the following: (a) The physical location of the property. (b) A summary of the information obtained from law enforcement, the local'health officer, and other involved local agencies. The summary shall include a discussion of the information's relevance to the contamination, including areas suspected of being contaminated, and may include all of the following information: (1) Duration of laboratory operation and number of batches cooked or processed. (2) Hazardous chemicals known to have been manufactured. (3) Recipes and methods used. (4) Chemicals and equipment found, by location, used in connection with the manufacture or storage of the hazardous chemicals. (5) Location of contaminated cooking and storage areas. (6) Visual assessment of the severity of contamination inside and outside of the structure where the laboratory was located. (7) Assessment of contamination of adjacent rooms, units, apartments, or structures. (8) Disposal methods observed at or near the site, including dumping, burning, burial, venting, or drain disposal. (9) A comparison of the chemicals on the manifest with known methods of manufacture in order to identify other potential contaminants. (10) A determination as to whether the methamphetamine manufacturing method included the use of chemicals containing mercury or lead, including lead acetate, mercuric chloride, mercuric nitrate. (c) A description of the areas to be sampled and the basis for the selection of the areas. This element of the PSA work plan shall also document the decision process used in determining not to sample Ch. 570 —14— particular areas. The PSA work plan shall consider both primary and secondary areas of concern. (1) The primary areas of concern included in the work plan shall include all the following areas: (A) Any area that has obvious staining caused by the use or manufacture of hazardous chemicals. (B) Any processing or cooking area, with contamination caused by spills, boilovers, explosions, or by chemical fumes and gases created during cooking. The area may include floors, walls, ceilings, glassware, and containers, working surfaces, furniture, carpeting, draperies and other textile products, plumbing fixtures and drains, heating and air-conditioning vents. (C) Any disposal area, including such indoor areas as sinks, toilets, bathtubs, plumbing traps and floor drains, vents, vent fans, and chimney flues and such outdoor areas that may be contaminated by dumping or burning on or near soil, surface water, groundwater, sewer or storm systems, septic systems, and cesspools. (D) Chemical storage areas that may be contaminated by spills, leaks, or open containers. (2) The secondary areas of concern shall include all of the following: (A) Any location where contamination may have migrated, including hallways or other high traffic areas. (B) Common areas in multiple dwellings, and adjacent apartments or rooms, including floors, walls, ceilings, furniture, carpeting, light fixtures, blinds, draperies and other textile products. (C) Common ventilation or plumbing systems in hotels and multiple dwellings. (d) Sampling protocols, analytical methods and laboratories to use and their relevant certifications or accreditations. (e) A description of areas and items that will be remediated in lieu of sampling, if any. 25400.37. After a preliminary site assessment is completed in accordance with the PSA work plan, a PSA report shall be prepared and submitted to the local health officer. The PSA report shall be thorough and specific in reporting fmdings and recommendations and shall include all of the following: (a) The location of the site, including the street address and mailing address of the contaminated property, the owner of record and mailing address, legal description, and clear directions for locating the property. (b) A site map, including a diagram of the contaminated property. The diagram shall include floor plans of affected buildings and local drinking water wells and nearby streams or other surface waters, if potentially impacted, and shall show the location of damage and contamination and the location of sampling points used in the preliminary site assessment. All sampling point locations shall be keyed to the sampling results and remediation recommendations. -15 — Ch. 570 (c) A description of the sampling methods and analytical protocols used in the preliminary site assessment. (d) A description of the sampling results. (e) Information regarding the background samples and results obtained. (1) Specific recommendations, including methods, for remedial actions required to meet the human occupancy standards specified in Section 25400.16, including, but not limited to, any required decontamination, demolition, or disposal. (g) A plan for postremediation site assessment, including specific sampling requirements and methodologies, and locations at which samples are to be obtained. 25400.38. The PSA work plan and PSA report shall be signed and notarized by the contractor responsible for the completion of the preliminary site assessment and by a certified industrial hygienist for sufficiency and completeness. 25400.40. (a) A person shall not perform a preliminary site assessment or any remediation work pursuant to this chapter, including a decontamination, demolition, or disposal, unless the person has completed all of the following: (1) Initial training pursuant to subparagraph (A) of paragraph (3) of, or paragraph (4) of, subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations, as applicable. That training shall include elements listed pursuant to subparagraphs (A) to (G), inclusive, of paragraph (2) of subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations. (2) Annual refresher training pursuant to paragraph (8) of subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations. (3) Additional requirements as determined by the local health officer, or other applicable law. (b) Training specified in paragraphs (1) and (2) of subdivision (a) shall be certified pursuant to paragraph (6) of subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations. Article 7. Enforcement and Liability 25400.45. (a) A property owner who does not provide a notice or disclosure required by this chapter is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). A property owner shall also be assessed the full cost of all harm to public health or to the environment resulting from the property owner's failure to comply with this chapter. (b) A person who violates an order issued by a local health officer pursuant to this chapter prohibiting the use or occupancy of a property contaminated by a methamphetamine laboratory activity is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). Ch. 570 —16 — 25400.46. (a) A property owner who receives an order issued by a local health officer pursuant to Section 25400.22, or a property owner who owns property that is the subject of a notice posted pursuant to subdivision (i) of Section 25400.22, is liable for, and shall pay all of the following costs if it is determined that the property is contaminated: (1) The cost of any testing. (2) Any cost related to maintaining records with regard to the property. (3) The cost of remediating the property, including any decontamination or disposal expenses. (4) Any actual cost incurred by the local health officer or any other local or state agency resulting from the enforcement of this chapter and oversight of the implementation of the PSA work plan and the PSA report, with regard to that property. (b) A person who conducts a methamphetamine laboratory activity on or at property, and who is not the owner of that property, is liable for, and shall reimburse the owner of the property for, any cost the property owner may incur pursuant to subdivision (a). SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 3. This act shall become operative only if Senate Bill 536 of the 2005-06 Regular Session of the Legislature is enacted and becomes effective on or before January 1, 2006. Exhibit B Senate Bill' o. CHAPTER 587 An act to amend Section 25354.5 of the Health and Safety Code, relating to hazardous substances, and making an appropriation therefor. [Approved by Governor October 6, 2005. Filed with Secretary of State October 6, 2005.] LEGISLATIVE COUNSEL'S DIGEST SB 536, Bowen. Illegal Drug Lab Cleanup Account: methamphetamine. Existing law requires the Department of Toxic Substances Control to take removal actions with respect to a hazardous substance that is an illegal controlled substance, a precursor of a controlled substance, or a material intended to be used in the unlawful manufacture of a controlled substance. Existing law provides that for purposes of the hazardous waste control laws and the Carpenter-Presley-Tanner Hazardous Substance Account Act, a person who is found to have operated a site for the purposes of manufacturing an illegal controlled substance, as specified, is the generater of any hazardous substance at, or released from, the site. The department is authorized to adopt regulations to implement these provisions in consultation with local law enforcement and local environmental agencies. The department is authorized to expend funds appropriated from the Illegal Drug Lab Cleanup Account in the General Fund for this purpose. Existing law, the Budget Act of 2005, appropriates $2,073,000 from the Illegal Drug Lab Cleanup Account to the Department of Toxic Substances Control. Existing law prohibits a state agency from issuing, utilizing, or enforcing any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, that is a regulation, unless the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule is adopted as a regulation pursuant to the Administrative Procedure Act. This bill would require the department to develop sampling and analytical methods for the collection of methamphetamine residue, and by October 1, 2007, to adopt a health-based target remediation standard for methamphetamine. The bill would require the department, by October 1, 2008, to the extent that funding is available, to adopt health-based target remediation standards for iodine, methyl iodide, and phosphine, and would authorize the department to develop additional health-based target remediation standards. The bill would require the department to adopt, by October 1, 2009, investigation and cleanup procedures for use in the remediation of sites contaminated by the illegal manufacturing of — 3 — Ch. 587 department, immediate corrective action to a hazardous substance subject to this section is necessary to remedy or prevent an emergency. (2) The department shall, as soon as the information is available, report the location of any removal action that will be carried out pursuant to paragraph (1), and the time that the removal action will be carried out, to the local environmental health officer within whose jurisdiction the removal action will take place, if the local environmental officer does both of the following: (A) Requests, in writing, that the department report this information to the local environmental health officer. (B) Provides the department with a single 24-hour telephone number to which the information can be reported. (c) (1) For purposes of Chapter 6.5 (commencing with Section 25100), Chapter 6.9.1 (commencing with Section 25400.10), or this chapter, any person who is found to have operated a site for the purpose of manufacturing an illegal controlled substance or a precursor of an illegal controlled substance is the generator of any hazardous substance at, or released from, the site that is subject to removal action pursuant to this section. (2) During the removal action, for purposes of complying with the manifest requirements in Section 25160, the department, the county health department, the local environmental health officer, or their designee may sign the hazardous waste manifest as the generator of the hazardous waste. In carrying out that action, the department, the county health department, the local environmental health officer, or their designee shall be considered to have acted in furtherance of their statutory responsibilities to protect the public health and safety and the environment from the release, or threatened release, of hazardous substances, and the department, the county health department, the local environmental health officer, or their designee are not responsible parties for the release or threatened release of the hazardous substances. (3) The officer, investigator, or agency employee specified in subdivision (a) is not a responsible party for the release or threatened release of any hazardous substances at, or released from, the site. (d) The department may adopt regulations to implement this section in consultation with appropriate law enforcement and local environmental agencies. (e) (1) The department shall develop sampling and analytical methods for the collection of methamphetamine residue. (2) On or before October 1, 2007, the department, using guidance developed by the Office of Environmental Health Hazard Assessment, shall develop a health-based target remediation standard for methamphetamine. (3) On or before October 1, 2008, the department shall, to the extent funding is available, develop health-based target remediation standards for iodine, methyl iodide, and phosphine. Ch. 587 — 4 — (4) To the extent that funding is available, the department, using guidance developed by the Office of Environmental Health Hazard Assessment, may develop additional health-based target remediation standards for additional precursors and byproducts of methamphetamine. (5) On or before October 1, 2009, the department shall adopt investigation and cleanup procedures for use in the remediation of sites contaminated by the illegal manufacturing of methamphetamine. The procedures shall assure that contamination by the illegal manufacturing of methamphetamine can be remediated to meet the standards adopted pursuant to paragraphs (2) to (4), inclusive, to protect the health and safety of all future occupants of the site. (6) The department shall implement this subdivision in accordance with subdivision (d). (f) The Illegal Drug Lab Cleanup Account is hereby created in the General Fund and the department may expend any money in the account, upon appropriation by the Legislature, to carry out the removal actions required by this section and to implement subdivision (e), including, but not limited to, funding any interagency agreement entered into with the Office of Environmental Health Hazard Assessment to provide guidance services. The account shall be funded by moneys appropriated directly from the General Fund. (g) The responsibilities assigned to the department by this section apply only to the extent that sufficient funding is made available for that purpose. SEC. 2. This act shall become operative only if Assembly Bill 1078 of the 2005-06 Regular Session of the Legislature is enacted and becomes effective on or before January 1, 2006. .=' --='?"--- -- ';'"'•-).::;,.'771?,.F:.:.siy.4.::::re... —25— -26- _27_ • -28- TRINITY COUNTY BUILDING AND DEVELOPMENT SERVICES P.O. BOX 476, WEAVERVILLE, CALIFORNIA 96093 PHONE (530) 623-1354 FAX (530) 623-1353 Wyatt Paxton, Director MEMORADUM TO: James P. Woodward, Presiding Judge of Trinity Superior Court 01,_ FROM: Peter R. Hedtke, Director, Environmental Health Division CC: Wendy Tyler, Clerk of the Board DATE: August 29, 2007 RE: Response to 2007-2008 Trinity County Grand Jury Report, "Development and Environmental Committee"— "Citizen's Complaint Re: Clean-up of Former Drug Lab" In my capacity as Director of the Environmental Health Division, my responses to the committee's report items Findings, Recommendations, and Conclusion pertaining to the above-described complaint are as follows: FINDINGS: the shed was initially posted for non-entry by the Department of Justice on the day of the bust. I re-posted it after creating a new poster of our own. I inspected the property, including the septic tank, and observed no outward signs of contamination outside of the shed. All of the lab-related chemicals, containers, and equipment had been removed. I spoke with the nearby neighbors and tenants in the house (not connected with the lab), and was confident everyone in the area was aware of the matter and knew to stay out of the shed. The next door neighbors reside very close to this shed and drive by the door each time they go in and out of their property, so I knew they were keeping an eye on the site. I visited the property frequently, never seeing any sign of anyone entering the shed. Another neighbor was on the site from time to time, preparing his dry water ditch for later use, so he was around the place too. The condition and location of the shed was such that it was not an attractive nuisance. The old, dark, wooden interior of the shed was unclean and very rough, something that people or children would not generally be drawn to touch or play in. There was nothing in the shed to play with or steal, and the sign clearly gave a strong warning of danger. -29- Building Inspection Division Environmental Health Division Airports Division Public Works Design Division (530) 623-1354 (530) 623-1459 (530) 623-9585 (530) 623-1354 FAX: (530) 623-1353 FAX: (530) 623-1353 FAX: (530) 623-1353 FAX: (530) 623-1353 0 q 0 Page Two of Two Judge James P. Woodward August 29, 2007 The law does not require Environmental Health to secure the windows and doors; it is the property owner's ultimate responsibility, not the County's. However, this will be done and has been done when an imminent danger to the public is obvious and no one else takes action. Denying occupancy or the use of a house, building, facility, or public swimming pool is a common regulatory action we take. The property owners were communicative and responded to my NOTICE & ORDER, however, they encountered unanticipated obstacles that delayed the investigation and cleanup processes. After finally securing a contract with an available hazardous materials cleanup company, the owners were further delayed when the company's key person left their employment, unexpectedly cancelling the agreement. At that time, the property owners had to start the search all over for another qualified contractor, a difficult thing to find during the busy summertime. The next available, qualified company that agreed to do the job had other commitments scheduled, so the investigation and work was completed as soon as they could fit it in. This lab site was the first one addressed under AB 1078, so there was much to learn, with the unanticipated delays, as stated. Since the law does not actually direct how to clean up the property, or give an exact timeline, there is somewhat of a learning curve with the process. The next lab site case should be less difficult after having completed this one.
F11383:
(t) "Warning" means a sign posted by the local health officer conspicuously on property where methamphetamine was manufactured or stored, informing occupants that hazardous chemicals exist on the premises and that entry is unsafe. 25400.12. Any term not defined expressly by this article shall have the same meaning as defined in Chapter 6.8 (commencing with Section 25300). Article 2. Establishment of Remediation and Reoccupancy Standards 25400.16. (a) Except as provided in subdivision (c), property contaminated by methamphetamine laboratory activity is safe for human occupancy for purposes of this chapter only if the level of methamphetamine on any indoor surface is less than, or equal to, 0.1 micrograms per 100 square centimeters. (b) Except as provided in subdivision (c), if property is contaminated by methamphetamine laboratory activity that included the use of lead or mercury compounds, in addition to the requirements of subdivision (a), property is safe for human occupancy for purposes of this chapter only if both of the following standards are met with regard to that property: (1) The total level of lead is less than, or equal to, 20 micrograms per square foot. (2) The level of mercury is less than, or equal to, 50 nanograms per cubic meter in air. (c) Subdivisions (a) and (b) shall become inoperative on the effective date that the department, in consultation with the office, adopts a health-based target remediation standard for methamphetamine to determine when a property contaminated by methamphetamine laboratory activity only is safe for human occupancy, in which case any reference in this chapter to a human-occupancy standard specified in this section shall mean only the health-based target remediation standard for methamphetamine adopted by the department. (d) The department shall conduct two public workshops, one in northern California and one in southern California, for the purpose of discussing with affected stakeholders the actions needed to further implement the goals of this chapter. The department may include, as topics for discussion, possible funding sources for local governments for the purposes of implementing this chapter, whether this chapter should be revised to address the contamination of properties by the illegal manufacturing of other controlled substances, and the results of the Illegal Drug Lab Risk Reduction Project conducted by the California Environmental Protection Agency pursuant to its adopted environmental justice action plan. — 7 — Ch. Article 3. Local Health Officer Responsibilities 25400.17. (a) Notwithstanding any other provision of law, a city, county, or city and county shall comply with the uniform regulations and standards established pursuant to this chapter. ,(b) A local health officer may delegate all or part of the duties specified in this chapter to a designated local agency. (c) If a methamphetamine laboratory activity has taken place at a property, the local health officer shall assume that the methamphetamine manufacturing process has led to some degree of chemical contamination and shall take action pursuant to this chapter. 25400.18. Within 48 hours after receiving notification from a law enforcement agency of potential contamination of property by a methamphetamine laboratory activity, the local health officer shall post a written notice in a prominent location on the premises of the property. At a minimum, the notice shall include all of the following information: (a) The word "WARNING" in large bold type at the top and bottom of the notice. (b) A statement that a methamphetamine laboratory was seized on or inside the property. (c) The date of the seizure. (d) The address or location of the property including the identification of any dwelling unit, room number, apartment number, or mobilehome or manufactured home identification number. (e) The name and contact telephone number of the agency posting the property. (f) A statement specifying that hazardous substances, toxic chemicals, or other hazardous waste products may have been present and may remain on or inside the property. (g) A statement that it is unlawful for an unauthorized person to enter the contaminated portion of the property until advised that it is safe to do so by the local health officer or designated local agency. (h) A statement that a person disturbing or destroying the posted notice is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). (i) A statement that a person violating the posted notice is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). 25400.19. Within five working days after receiving a notification from a law enforcement agency of known or suspected contamination of a property by a methamphetamine laboratory activity, or upon notification from the property owner, the local health officer shall inspect the property pursuant to this section. (a) The property inspection shall include, but not be limited to, obtaining evidence of hazardous chemical use or storage and documentation of evidence of any chemical stains, cooking activity and release or spillage of hazardous chemicals used to manufacture methamphetamine. Ch. 570 — 8- (b) In conducting an inspection pursuant to this section, the local health officer may request copies of any law enforcement reports, forensic chemist reports, and any hazardous waste manifests, to evaluate all of the following: (1) The length of time the property was used as an illegal methamphetamine manufacturing or storage site. (2) The extent of the property actually used and contaminated in the manufacture of methamphetamine or the storage of methamphetamine or a hazardous chemical. (3) The chemical process that was involved in the illegal methamphetamine manufacturing. (4) The chemicals that were removed from the scene. (5) The location of the illegal methamphetamine manufacturing or storage site in relation to the habitable areas of the property. 25400.20. (a) Upon completing an inspection pursuant to Section 25400.19, the local health officer shall immediately determine whether the property is contaminated. (b) If the local health officer determines the property is contaminated, the local health officer shall take the actions specified in Section 25400.22. (c) If the local health officer determines that the property is not contaminated, within three working days after making that determination, the local health officer shall remove all notices posted pursuant to Section 25400.18 and prepare a written documentation of this determination, which shall include all of the following: (1) Findings and conclusions. (2) Name of the property owner, and, if applicable, mailing and street address of the property, or vehicle identification number, if' applicable. (3) Parcel identification number, if applicable. (d) Within 10 working days after preparing a written documentation of the determination made pursuant to subdivision (c) that the property is not contaminated, the local health officer shall send a copy of the documentation to the property owner, and to the local agency responsible for enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13). 25400.22. (a) No later than 10 working days after the date when a local health officer determines that property is contaminated pursuant to subdivision (b) of Section 25400.20, the local health officer shall do both of the following: (1) If the property is real property, record with the county recorder a lien on the property. The lien shall specify all of the following: (A) The name of the agency on whose behalf the lien is imposed. (B) The date on which the property is determined to be contaminated. (C) The legal description and the assessor's parcel number. (D) The record owner of the property. (E) The amount of the lien, which shall be the greater of two hundred dollars ($200) or the costs incurred by the local health officer in compliance with this chapter, including, but not limited to, the cost of — 9 — Ch. 570 inspection performed pursuant to Section 25400.20 and the county recorder's fee. (2) Issue to persons specified in subdivisions (d), (e), and (f) an order prohibiting the use or occupancy of the property. (b) The county recorder's fees for recording and indexing documents provided for in this subdivision shall be in the amount specified in Article 5 (commencing with Section 27360) of Chapter 6 of Part 3 of Title 3 of the Government Code. (c) The lien recorded pursuant to subdivision (a) shall have the force, effect, and priority of a judgment lien. The local health officer shall not release the lien until either of the following occurs: (1) The property owner satisfies the lien and the local health officer issues a release pursuant to Section 25400.27. (2) The hen is otherwise released under applicable law. (d) Except as otherwise specified in this section, an order issued pursuant to this section shall be served, either personally or by certified mail, return receipt requested, to all known occupants of the property and to all persons who have an interest in the property, as contained in the records of the recorder's office of the county in which the property is located. (e) If the whereabouts of the person described in subdivision (d) are unknown and cannot be ascertained by the local health officer, in the exercise of reasonable diligence, and the local health officer makes an affidavit to that effect, the local health officer shall serve the order by personal service or by mailing a copy of the order by certified mail, postage prepaid, return receipt requested, as follows: (1) The order shall be served to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located, and to all occupants of the affected unit. (2) The order shall be served at the address contained in the record of the county recorder. (f) The local health officer shall also mail a copy of the order required by this section to the address of each person or party having a recorded right, title, estate, lien, or interest in the property and to the association of a common interest development, as defined in Section 1351 of the Civil Code. (g) The order issued pursuant to this section shall include all of the following information: (1) A description of the property. (2) The parcel identification number, if applicable. (3) The vehicle identification number, if applicable. (4) A description of the local health officer's intended course of action. (5) A specification of the penalties for noncompliance with the order. (6) A prohibition on the use of all or portions of the property that are contaminated. (7) A description of the measures the property owner is required to take to decontaminate the property. Ch. 570 —10 — (8) An indication of the potential health hazards involved. (9) A statement that a property owner who fails to provide a notice or disclosure that is required by this chapter is subject to a civil penalty of up to five thousand dollars ($5,000). (h) The local health officer shall provide a copy of the order to the local building or code enforcement agency or other appropriate agency responsible for the enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13). (i) The local health officer shall post the order in a conspicuous place on the property within one working day of the date that the order is issued. Article 4. Site Assessment and Remediation 25400.25. (a) A property owner who receives an order issued pursuant to Section 25400.22 that property owned by that person is contaminated by a methamphetamine laboratory activity, a property owner who owns property that is the subject of an order posted pursuant to subdivision(i) of Section 25400.22, and a person occupying property that is the subject of the order, shall immediately vacate the affected unit that is determined to be in a hazardous zone by the local health officer. (b) No later than 30 days after receipt of an order issued pursuant to Section 25400.22, the property owner shall demonstrate to the local health officer that the property owner has retained a methamphetamine laboratory site remediation firm that is an authorized contractor to remediate the contamination caused by the methamphetamine laboratory activity. 25400.26. (a) A property owner who receives an order issued pursuant to Section 25400.22 that property owned by that person is contaminated by a methamphetamine laboratory activity, or a property owner who owns property that is the subject of an order posted pursuant to subdivision (i) of Section 25400.22, shall utilize the services of an authorized contractor to remediate the contamination caused by the methamphetamine laboratory activity, in accordance with the procedures specified in this section. (b) The property owner and the local health officer shall keep all required records documenting decontamination procedures for three years following certification that the property is habitable. (c) The property owner or the property owner's authorized contractor shall submit a preliminary site assessment work plan to the local health officer for review no later than 30 days after demonstrating to the local health officer that an authorized contractor has been retained to remediate the contamination caused by the methamphetamine laboratory activity. (d) (1) No later than 10 working days after the date the PSA work plan is submitted by the property owner, the local health officer shall review the PSA work plan to determine whether the PSA work plan complies with this chapter, including the procedures established pursuant to Section
F2540035:
— 11 — Ch. 570 (2) If there are any deficiencies in a submitted PSA work plan, the local health officer shall inform the property owner and authorized contractor, in writing, of those deficiencies no later than 15 days of the date that the PSA work plan was submitted to the local health officer. (3) If the local health officer approves the plan, the local health officer shall inform in writing, the property owner and authorized contractor no later than 15 days of the date that the PSA work plan was submitted to the local health officer. (e) (1) After a PSA is completed in accordance with the PSA work plan, the property owner and authorized contractor shall prepare a PSA report in accordance with Section 25400.37 and submit the PSA report to the local health officer. (2) If after a PSA is completed in accordance with a PSA work plan, and the local health officer, upon review of the PSA report, determines there is no level of contamination at a site that requires remediation, the local health officer shall take the actions specified in Section 25400.27. (f) The property owner shall complete remediation of all applicable portions of the contaminated property in accordance with this chapter no later than 90 days after the date that the PSA work plan has been approved by the local health officer. The local health officer may extend the date for completion of the remediation, in writing. 25400.27. (a) If a local health officer determines that property that has been the subject of a PSA report has been remediated in accordance with this chapter, or if the local health officer makes the determination specified in paragraph (2) of subdivision (e) of Section 25400.26, the local health officer shall issue a no further action determination. (b) For real property, within 10 working days of the date of making the determination or of receiving payment for the amount of the lien recorded pursuant to paragraph (1) of subdivision (a) of Section 25400.22, whichever is later, the local officer shall do both of the following: (1) Release the lien recorded with the county recorder. The release shall specify all of the following: (A) The name of the agency on whose behalf the lien is imposed. (B) The recording date of the lien being released. (C) The legal description and the assessor's parcel number. (D) The record owner of the property. (E) The recording instrument, or book and page, of the lien being released. (2) Send a copy of the release stating that the property was remediated in accordance with this chapter, does not violate the standard for human occupancy established pursuant to this chapter, and is habitable, to the property owner, local agency responsible for the enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13), and all recipients pursuant to this section and Section 25400.22. 25400.28. Until a property owner subject to Section 25400.25 receives a notice from a local health officer pursuant to Section 25400.27 that the Ch. 570 —12-- property identified in an order requires no further action, all of the following shall apply to that property: (a) Except as otherwise required in Section 1102.3 or 1102.3a of the Civil Code, the property owner shall notify the prospective buyer in writing of the pending order, and provide the prospective buyer with a copy of the pending order. The prospective buyer shall acknowledge, in writing, the receipt of a copy of the pending order. (b) The property owner shall provide written notice to all prospective tenants that have completed an application to rent an affected dwelling unit or other property of the remediation order, and shall provide the prospective tenant with a copy of the order. The prospective tenant shall acknowledge, in writing, the receipt of the notice and pending order before signing a rental agreement. The notice shall be attached to the rental agreement. If the property owner does not comply with this subdivision, the prospective tenant may void the rental agreement. Article 5. Remediation of Contaminated Property by a City or County 25400.30. (a) If a property owner does not initiate or complete the remediation of property in compliance with an order issued by a local health officer pursuant to this chapter, the city, county, or city and county in which the property is located may, at its discretion, take action to remediate the residually contaminated portion of the property pursuant to this chapter or may seek a court order to require the property owner to remediate the property in compliance with this chapter. (b) If a local health officer is unable to locate a property owner within 10 days after the date the local health officer issues an order pursuant to Section 25400.22, the city, county, or city and county in which the property is located may remediate the property in accordance with this article. The city or county or its contractors may remove contaminated property as part of this remediation activity. (c) If a city, county, or city and county elects to remediate contaminated property pursuant to this article, the property owner is liable for, and shall pay the city or county for, all actual costs related to the remediation, including, but not limited to, all of the following: (1) Posting and physical security of the contaminated site. (2) Notification of affected people, businesses or any other entity. (3) Actual expenses related to the recovery of cost, laboratory fees, cleanup services, removal costs, and administrative and filing fees. (d) If a property owner does not pay the city, county, or city and county for the costs of remediation specified in subdivision (c), the city, county, or city and county may record a nuisance abatement lien pursuant to Section 38773.1 of the Government Code against the property for the actual costs related to the remediation or bring an action against the property owner for the remediation costs. The nuisance abatement lien -13 — Ch. 570 shall have the effect, priority, and enforceability of a judgment lien from the date of its recordation. Article 6. Requirements for Property Assessment and Cleanup 25400.35. A local health officer shall establish a written plan consistent with this chapter outlining the procedures to be followed for conducting the remediation to property for purposes of this chapter. The procedures shall comply with this article and any regulations adopted pursuant to this chapter, and shall include, but not be limited to, procedures for the preparation of a preliminary site assessment work plan, the conduct of a preliminary site assessment to determine the extent and level of contamination, in accordance with that PSA work plan, and the preparation of a PSA report containing the results of the preliminary site assessment and recommendations for remediation to meet the occupancy standards specified in Section 25400.16. 25400.36. The PSA work plan shall include, but is not limited to, all of the following: (a) The physical location of the property. (b) A summary of the information obtained from law enforcement, the local'health officer, and other involved local agencies. The summary shall include a discussion of the information's relevance to the contamination, including areas suspected of being contaminated, and may include all of the following information: (1) Duration of laboratory operation and number of batches cooked or processed. (2) Hazardous chemicals known to have been manufactured. (3) Recipes and methods used. (4) Chemicals and equipment found, by location, used in connection with the manufacture or storage of the hazardous chemicals. (5) Location of contaminated cooking and storage areas. (6) Visual assessment of the severity of contamination inside and outside of the structure where the laboratory was located. (7) Assessment of contamination of adjacent rooms, units, apartments, or structures. (8) Disposal methods observed at or near the site, including dumping, burning, burial, venting, or drain disposal. (9) A comparison of the chemicals on the manifest with known methods of manufacture in order to identify other potential contaminants. (10) A determination as to whether the methamphetamine manufacturing method included the use of chemicals containing mercury or lead, including lead acetate, mercuric chloride, mercuric nitrate. (c) A description of the areas to be sampled and the basis for the selection of the areas. This element of the PSA work plan shall also document the decision process used in determining not to sample Ch. 570 —14— particular areas. The PSA work plan shall consider both primary and secondary areas of concern. (1) The primary areas of concern included in the work plan shall include all the following areas: (A) Any area that has obvious staining caused by the use or manufacture of hazardous chemicals. (B) Any processing or cooking area, with contamination caused by spills, boilovers, explosions, or by chemical fumes and gases created during cooking. The area may include floors, walls, ceilings, glassware, and containers, working surfaces, furniture, carpeting, draperies and other textile products, plumbing fixtures and drains, heating and air-conditioning vents. (C) Any disposal area, including such indoor areas as sinks, toilets, bathtubs, plumbing traps and floor drains, vents, vent fans, and chimney flues and such outdoor areas that may be contaminated by dumping or burning on or near soil, surface water, groundwater, sewer or storm systems, septic systems, and cesspools. (D) Chemical storage areas that may be contaminated by spills, leaks, or open containers. (2) The secondary areas of concern shall include all of the following: (A) Any location where contamination may have migrated, including hallways or other high traffic areas. (B) Common areas in multiple dwellings, and adjacent apartments or rooms, including floors, walls, ceilings, furniture, carpeting, light fixtures, blinds, draperies and other textile products. (C) Common ventilation or plumbing systems in hotels and multiple dwellings. (d) Sampling protocols, analytical methods and laboratories to use and their relevant certifications or accreditations. (e) A description of areas and items that will be remediated in lieu of sampling, if any. 25400.37. After a preliminary site assessment is completed in accordance with the PSA work plan, a PSA report shall be prepared and submitted to the local health officer. The PSA report shall be thorough and specific in reporting fmdings and recommendations and shall include all of the following: (a) The location of the site, including the street address and mailing address of the contaminated property, the owner of record and mailing address, legal description, and clear directions for locating the property. (b) A site map, including a diagram of the contaminated property. The diagram shall include floor plans of affected buildings and local drinking water wells and nearby streams or other surface waters, if potentially impacted, and shall show the location of damage and contamination and the location of sampling points used in the preliminary site assessment. All sampling point locations shall be keyed to the sampling results and remediation recommendations. -15 — Ch. 570 (c) A description of the sampling methods and analytical protocols used in the preliminary site assessment. (d) A description of the sampling results. (e) Information regarding the background samples and results obtained. (1) Specific recommendations, including methods, for remedial actions required to meet the human occupancy standards specified in Section 25400.16, including, but not limited to, any required decontamination, demolition, or disposal. (g) A plan for postremediation site assessment, including specific sampling requirements and methodologies, and locations at which samples are to be obtained. 25400.38. The PSA work plan and PSA report shall be signed and notarized by the contractor responsible for the completion of the preliminary site assessment and by a certified industrial hygienist for sufficiency and completeness. 25400.40. (a) A person shall not perform a preliminary site assessment or any remediation work pursuant to this chapter, including a decontamination, demolition, or disposal, unless the person has completed all of the following: (1) Initial training pursuant to subparagraph (A) of paragraph (3) of, or paragraph (4) of, subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations, as applicable. That training shall include elements listed pursuant to subparagraphs (A) to (G), inclusive, of paragraph (2) of subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations. (2) Annual refresher training pursuant to paragraph (8) of subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations. (3) Additional requirements as determined by the local health officer, or other applicable law. (b) Training specified in paragraphs (1) and (2) of subdivision (a) shall be certified pursuant to paragraph (6) of subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations. Article 7. Enforcement and Liability 25400.45. (a) A property owner who does not provide a notice or disclosure required by this chapter is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). A property owner shall also be assessed the full cost of all harm to public health or to the environment resulting from the property owner's failure to comply with this chapter. (b) A person who violates an order issued by a local health officer pursuant to this chapter prohibiting the use or occupancy of a property contaminated by a methamphetamine laboratory activity is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). Ch. 570 —16 — 25400.46. (a) A property owner who receives an order issued by a local health officer pursuant to Section 25400.22, or a property owner who owns property that is the subject of a notice posted pursuant to subdivision (i) of Section 25400.22, is liable for, and shall pay all of the following costs if it is determined that the property is contaminated: (1) The cost of any testing. (2) Any cost related to maintaining records with regard to the property. (3) The cost of remediating the property, including any decontamination or disposal expenses. (4) Any actual cost incurred by the local health officer or any other local or state agency resulting from the enforcement of this chapter and oversight of the implementation of the PSA work plan and the PSA report, with regard to that property. (b) A person who conducts a methamphetamine laboratory activity on or at property, and who is not the owner of that property, is liable for, and shall reimburse the owner of the property for, any cost the property owner may incur pursuant to subdivision (a). SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 3. This act shall become operative only if Senate Bill 536 of the 2005-06 Regular Session of the Legislature is enacted and becomes effective on or before January 1, 2006. Exhibit B Senate Bill' o. CHAPTER 587 An act to amend Section 25354.5 of the Health and Safety Code, relating to hazardous substances, and making an appropriation therefor. [Approved by Governor October 6, 2005. Filed with Secretary of State October 6, 2005.] LEGISLATIVE COUNSEL'S DIGEST SB 536, Bowen. Illegal Drug Lab Cleanup Account: methamphetamine. Existing law requires the Department of Toxic Substances Control to take removal actions with respect to a hazardous substance that is an illegal controlled substance, a precursor of a controlled substance, or a material intended to be used in the unlawful manufacture of a controlled substance. Existing law provides that for purposes of the hazardous waste control laws and the Carpenter-Presley-Tanner Hazardous Substance Account Act, a person who is found to have operated a site for the purposes of manufacturing an illegal controlled substance, as specified, is the generater of any hazardous substance at, or released from, the site. The department is authorized to adopt regulations to implement these provisions in consultation with local law enforcement and local environmental agencies. The department is authorized to expend funds appropriated from the Illegal Drug Lab Cleanup Account in the General Fund for this purpose. Existing law, the Budget Act of 2005, appropriates $2,073,000 from the Illegal Drug Lab Cleanup Account to the Department of Toxic Substances Control. Existing law prohibits a state agency from issuing, utilizing, or enforcing any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, that is a regulation, unless the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule is adopted as a regulation pursuant to the Administrative Procedure Act. This bill would require the department to develop sampling and analytical methods for the collection of methamphetamine residue, and by October 1, 2007, to adopt a health-based target remediation standard for methamphetamine. The bill would require the department, by October 1, 2008, to the extent that funding is available, to adopt health-based target remediation standards for iodine, methyl iodide, and phosphine, and would authorize the department to develop additional health-based target remediation standards. The bill would require the department to adopt, by October 1, 2009, investigation and cleanup procedures for use in the remediation of sites contaminated by the illegal manufacturing of — 3 — Ch. 587 department, immediate corrective action to a hazardous substance subject to this section is necessary to remedy or prevent an emergency. (2) The department shall, as soon as the information is available, report the location of any removal action that will be carried out pursuant to paragraph (1), and the time that the removal action will be carried out, to the local environmental health officer within whose jurisdiction the removal action will take place, if the local environmental officer does both of the following: (A) Requests, in writing, that the department report this information to the local environmental health officer. (B) Provides the department with a single 24-hour telephone number to which the information can be reported. (c) (1) For purposes of Chapter 6.5 (commencing with Section 25100), Chapter 6.9.1 (commencing with Section 25400.10), or this chapter, any person who is found to have operated a site for the purpose of manufacturing an illegal controlled substance or a precursor of an illegal controlled substance is the generator of any hazardous substance at, or released from, the site that is subject to removal action pursuant to this section. (2) During the removal action, for purposes of complying with the manifest requirements in Section 25160, the department, the county health department, the local environmental health officer, or their designee may sign the hazardous waste manifest as the generator of the hazardous waste. In carrying out that action, the department, the county health department, the local environmental health officer, or their designee shall be considered to have acted in furtherance of their statutory responsibilities to protect the public health and safety and the environment from the release, or threatened release, of hazardous substances, and the department, the county health department, the local environmental health officer, or their designee are not responsible parties for the release or threatened release of the hazardous substances. (3) The officer, investigator, or agency employee specified in subdivision (a) is not a responsible party for the release or threatened release of any hazardous substances at, or released from, the site. (d) The department may adopt regulations to implement this section in consultation with appropriate law enforcement and local environmental agencies. (e) (1) The department shall develop sampling and analytical methods for the collection of methamphetamine residue. (2) On or before October 1, 2007, the department, using guidance developed by the Office of Environmental Health Hazard Assessment, shall develop a health-based target remediation standard for methamphetamine. (3) On or before October 1, 2008, the department shall, to the extent funding is available, develop health-based target remediation standards for iodine, methyl iodide, and phosphine. Ch. 587 — 4 — (4) To the extent that funding is available, the department, using guidance developed by the Office of Environmental Health Hazard Assessment, may develop additional health-based target remediation standards for additional precursors and byproducts of methamphetamine. (5) On or before October 1, 2009, the department shall adopt investigation and cleanup procedures for use in the remediation of sites contaminated by the illegal manufacturing of methamphetamine. The procedures shall assure that contamination by the illegal manufacturing of methamphetamine can be remediated to meet the standards adopted pursuant to paragraphs (2) to (4), inclusive, to protect the health and safety of all future occupants of the site. (6) The department shall implement this subdivision in accordance with subdivision (d). (f) The Illegal Drug Lab Cleanup Account is hereby created in the General Fund and the department may expend any money in the account, upon appropriation by the Legislature, to carry out the removal actions required by this section and to implement subdivision (e), including, but not limited to, funding any interagency agreement entered into with the Office of Environmental Health Hazard Assessment to provide guidance services. The account shall be funded by moneys appropriated directly from the General Fund. (g) The responsibilities assigned to the department by this section apply only to the extent that sufficient funding is made available for that purpose. SEC. 2. This act shall become operative only if Assembly Bill 1078 of the 2005-06 Regular Session of the Legislature is enacted and becomes effective on or before January 1, 2006. .=' --='?"--- -- ';'"'•-).::;,.'771?,.F:.:.siy.4.::::re... —25— -26- _27_ • -28- TRINITY COUNTY BUILDING AND DEVELOPMENT SERVICES P.O. BOX 476, WEAVERVILLE, CALIFORNIA 96093 PHONE (530) 623-1354 FAX (530) 623-1353 Wyatt Paxton, Director MEMORADUM TO: James P. Woodward, Presiding Judge of Trinity Superior Court 01,_ FROM: Peter R. Hedtke, Director, Environmental Health Division CC: Wendy Tyler, Clerk of the Board DATE: August 29, 2007 RE: Response to 2007-2008 Trinity County Grand Jury Report, "Development and Environmental Committee"— "Citizen's Complaint Re: Clean-up of Former Drug Lab" In my capacity as Director of the Environmental Health Division, my responses to the committee's report items Findings, Recommendations, and Conclusion pertaining to the above-described complaint are as follows: FINDINGS: the shed was initially posted for non-entry by the Department of Justice on the day of the bust. I re-posted it after creating a new poster of our own. I inspected the property, including the septic tank, and observed no outward signs of contamination outside of the shed. All of the lab-related chemicals, containers, and equipment had been removed. I spoke with the nearby neighbors and tenants in the house (not connected with the lab), and was confident everyone in the area was aware of the matter and knew to stay out of the shed. The next door neighbors reside very close to this shed and drive by the door each time they go in and out of their property, so I knew they were keeping an eye on the site. I visited the property frequently, never seeing any sign of anyone entering the shed. Another neighbor was on the site from time to time, preparing his dry water ditch for later use, so he was around the place too. The condition and location of the shed was such that it was not an attractive nuisance. The old, dark, wooden interior of the shed was unclean and very rough, something that people or children would not generally be drawn to touch or play in. There was nothing in the shed to play with or steal, and the sign clearly gave a strong warning of danger. -29- Building Inspection Division Environmental Health Division Airports Division Public Works Design Division (530) 623-1354 (530) 623-1459 (530) 623-9585 (530) 623-1354 FAX: (530) 623-1353 FAX: (530) 623-1353 FAX: (530) 623-1353 FAX: (530) 623-1353 0 q 0 Page Two of Two Judge James P. Woodward August 29, 2007 The law does not require Environmental Health to secure the windows and doors; it is the property owner's ultimate responsibility, not the County's. However, this will be done and has been done when an imminent danger to the public is obvious and no one else takes action. Denying occupancy or the use of a house, building, facility, or public swimming pool is a common regulatory action we take. The property owners were communicative and responded to my NOTICE & ORDER, however, they encountered unanticipated obstacles that delayed the investigation and cleanup processes. After finally securing a contract with an available hazardous materials cleanup company, the owners were further delayed when the company's key person left their employment, unexpectedly cancelling the agreement. At that time, the property owners had to start the search all over for another qualified contractor, a difficult thing to find during the busy summertime. The next available, qualified company that agreed to do the job had other commitments scheduled, so the investigation and work was completed as soon as they could fit it in. This lab site was the first one addressed under AB 1078, so there was much to learn, with the unanticipated delays, as stated. Since the law does not actually direct how to clean up the property, or give an exact timeline, there is somewhat of a learning curve with the process. The next lab site case should be less difficult after having completed this one.
Additional Recommendations
2
Not linked to specific findings.
R1:
60 days Director of Environmental Health
R2:
. . . Exhibit A AB 1078 FLOWCHART Notice received from law enforcement or DTSC 5 working days 48 hours Post a notice Inspect the site Contaminated Not contaminated 10 working days 3 working days Issue order and record a lien Remove notice 1 working day 30 days 10 working days Post copy of order on property Owner hires authorized contractor Send copy of determination to owner/occupants/building 30 days Owner/authorized contractor prepares/submit PSA work plan to EHD for review to accept/reject plan 10 working days EHD notifies owner/contractor of review results 15 days from receipt PSA completed and report made to EHD Up to 90 days . Up to 90 days No level of contamination that requires remediation Remediation completed 10 working days 10 working days No further action determination - lien must be satisfied prior to release Assembly Bill No. 1078 CHAPTER 570 An act to add Chapter 6.9.1 (commencing with Section 25400.10) to Division 20 of the Health and Safety Code, relating to contaminated property. [Approved by Governor October 6, 2005. Filed with Secretary of State October 6, 2005.] LEGISLATIVE COUNSEL'S DIGEST AB 1078, Keene. Contaminated property: methamphetamine. (1) Existing law requires the Department of Toxic Substances Control to take removal actions with respect to a hazardous substance that is an illegal controlled substance, a precursor of a controlled substance, or a material intended to be used in the unlawful manufacture of controlled substances, and the department is authorized to expend funds appropriated from the Illegal Drug Lab Cleanup Account in the General Fund for this purpose. Existing law defines the term "county" as including a city and county. This bill would enact the "Methamphetamine Contaminated Property Cleanup Act of 2005" and define terms. The bill would specify the human occupancy standards for property that is subject to the act, which would become inoperative on the effective date when the Department of Toxic Substances Control, in consultation with the Office of Environmental Health Hazard Assessment, adopts a health-based target remediation standard for methamphetamine to determine when a property contaminated by methamphetamine laboratory activity is safe for human occupancy. The bill would require a local health officer to take specified actions after receiving notification from a law enforcement agency of potential contamination or of known or suspected contamination of property by a methamphetamine laboratory activity, thereby imposing a state-mandated local program by imposing new duties upon local agencies. The bill would authorize a local health officer to delegate all or part of the duties specified in the act to a designated local agency, as defined. The bill would require a local health officer who determines, after conducting an inspection, that property is contaminated, to issue a specified order prohibiting use or occupancy and to post the order on the property, as specified. The bill would require the local health officer to record with the county recorder a lien of $200 or the cost incurred by the local health officer, whichever is greater, on the property. The bill would require a property owner who receives an order that property owned by that person is contaminated by a methamphetamine laboratory activity, a property owner who owns property that is the subject Ch. 570 — 2 — of an order, and a person occupying the property to immediately vacate the
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.