Board Of Supervisors — Tuesday, January 3, 2017
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1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Presentation of Animals Available for Adoption at the Animal Care and Control Shelter
5. Consideration of Items Not Appearing on the Posted Agenda (Extra Items)
6. Current Construction Projects - Contract Change Orders
7. Approval of the Consent Agenda
7.1Approve Minutes of the Board of Supervisors meeting held December 20, 2016.
Minutes
pulled on consent
Clerk’s notes: This item was pulled from Consent Agenda, as the minutes were not complete.
7.2Adopt Resolution Amending Resolution No. 2016-145 Establishing Position Allocations for Fiscal Year 2016-2017, Budget Unit No. 1012, Administrative Office.
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY:
As your Board is aware, during recommended final budget approvals for 2016-2017, one of our position allocations was changed from "Administrative Analyst I/II/Senior Deputy CAO I/II/III" to "Administrative Analyst I/II/Senior" to reflect the qualifications of staff hired into said position. However, with the recent vacancy in the Administrative Analyst I classification, I am requesting Board approval to restore the classification as it was before, to enable recruitment at the higher level.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
None - given the time it will take to recruit, salary savings will be sufficient to cover any resulting increase from hiring at the advanced level, if we are successful in doing so.
STAFFING IMPACT (if applicable):
None - allocation is presently vacant.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board Adopt Resolution Amending Resolution No. 2016-145 Establishing Position Allocations for Fiscal Year 2016-2017, Budget Unit No. 1012, Administrative Office.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol Huchingson, County Administrative Officer
DATE: January 3, 2017
SUBJECT: Adopt Resolution Amending Resolution No. 2016-145 Establishing Position Allocations for Fiscal Year 2016-2017, Budget Unit No. 1012, Administrative Office.
EXECUTIVE SUMMARY:
As your Board is aware, during recommended final budget approvals for 2016-2017, one of our position allocations was changed from "Administrative Analyst I/II/Senior Deputy CAO I/II/III" to "Administrative Analyst I/II/Senior" to reflect the qualifications of staff hired into said position. However, with the recent vacancy in the Administrative Analyst I classification, I am requesting Board approval to restore the classification as it was before, to enable recruitment at the higher level.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
None - given the time it will take to recruit, salary savings will be sufficient to cover any resulting increase from hiring at the advanced level, if we are successful in doing so.
STAFFING IMPACT (if applicable):
None - allocation is presently vacant.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board Adopt Resolution Amending Resolution No. 2016-145 Establishing Position Allocations for Fiscal Year 2016-2017, Budget Unit No. 1012, Administrative Office.
7.3Approve Recommended Changes to the Employee Appreciation and Team Building Policy (EATS).
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
As your Board is aware, with your adoption of the Final Recommended Budget for Fiscal Year 2016-2017, we reinstated the EATS policy. Department Heads and staff are already enthusiastically planning their respective teambuilding activities.
The original policy provided for EATS funds to be allocated in advance, to each applicable Budget Unit. However, with reinstatement of this program, departments that have non-General Fund (GF) sources of funding will simply charge allowable EATS expenses to object code 28.30. For departments reliant on the GF, claims will be sent to the Administrative office for processing. The changes recommended to the policy (see attached) provide for this change in process, while the concept for the EATS program remains the same.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Approve Recommended Changes to the Employee Appreciation and Team Building Policy (EATS)
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: January 3, 2017
SUBJECT: Approve Recommended Changes to the Employee Appreciation and Team Building Policy (EATS)
EXECUTIVE SUMMARY:
As your Board is aware, with your adoption of the Final Recommended Budget for Fiscal Year 2016-2017, we reinstated the EATS policy. Department Heads and staff are already enthusiastically planning their respective teambuilding activities.
The original policy provided for EATS funds to be allocated in advance, to each applicable Budget Unit. However, with reinstatement of this program, departments that have non-General Fund (GF) sources of funding will simply charge allowable EATS expenses to object code 28.30. For departments reliant on the GF, claims will be sent to the Administrative office for processing. The changes recommended to the policy (see attached) provide for this change in process, while the concept for the EATS program remains the same.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Approve Recommended Changes to the Employee Appreciation and Team Building Policy (EATS)
7.4Adopt Resolution Amending Resolution No. 2016-144 to Amend the FY 2016-17 Adopted Budget by Adjusting Revenues and Appropriations in Budget Unit 9919 – Public Liability.
Resolution
pulled on consent
Staff memo
EXECUTIVE SUMMARY:
Your Board recently authorized the acceptance of a loan from CSAC-EIA that will assist in funding defense costs related to Lakeside Heights. The loan has now been funded and since this funding was not anticipated in the budget, it needs to be appropriated by resolution.
Passage of this resolution is necessary to appropriate the unanticipated revenue. Consequently, staff recommends its approval.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution Amending Resolution No. 2016-144 to Amend the FY 2016-17 Adopted Budget by Adjusting Revenues and Appropriations in Budget Unit 9919 - Public Liability
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: December 13, 2016
SUBJECT: Adopt Resolution Amending Resolution No. 2016-144 to Amend the FY 2016-17 Adopted Budget by Adjusting Revenues and Appropriations in Budget Unit 9919 - Public Liability
EXECUTIVE SUMMARY:
Your Board recently authorized the acceptance of a loan from CSAC-EIA that will assist in funding defense costs related to Lakeside Heights. The loan has now been funded and since this funding was not anticipated in the budget, it needs to be appropriated by resolution.
Passage of this resolution is necessary to appropriate the unanticipated revenue. Consequently, staff recommends its approval.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution Amending Resolution No. 2016-144 to Amend the FY 2016-17 Adopted Budget by Adjusting Revenues and Appropriations in Budget Unit 9919 - Public Liability
Clerk’s notes: This item was pulled from Consent Agenda as it was previously adopted on December 13, 2016.
7.5(a) Waive the formal bidding process, per Ordinance #3043, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Third Amendment to the Agreement between the County of Lake and Crestwood Behavioral Health for Adult Residential Support and Specialty Mental Health Services for Fiscal Year 2015-16, an increase of $29,392 for a new contract maximum of $774,392 and authorize the Board Chair to sign.
Action Item
passed on consent
Staff memo
BACKGROUND AND DISCUSSION: Crestwood Behavioral Health has numerous facilities throughout the State of California and serves multiple Lake County Medi-Cal beneficiaries. Crestwood Behavioral Health facilities include Skilled Nursing Facilities (SNFs), Mental Health Rehabilitation Centers (MHRCs), Adult Residential Facilities (ARFs), Community Programs, and Residential Facilities for the Elderly where clients are offered a continuum of care and treatment from traditional psychiatric services to innovative recovery programs geared toward community reintegration.
A Lake County Medi-Cal beneficiary is placed at Crestwood Modesto. The beneficiary's insurance was changed by Social Security in error for the period of 7/1/15 through 11/30/15; therefore, the charges were denied by Medi-Cal when billed by Crestwood. Now that the insurance has been corrected, the charges are unbillable due to time limits.
We are requesting to waive the formal bidding process, per Ordinance #3043, Purchasing Code 38.2 as it is not in the public interest due to the unique nature of goods or services.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Current Contract Amount (With Amendment): $774,392
FISCAL IMPACT (Narrative): Due to all of the above reasons, Lake County Behavioral Health is accepting responsibility to reimburse t for the unbillable daily IMD rate of $192.10 per day in order to maintain the positive working relationship LCBH currently has with Crestwood. Funds in the amount of $29,392 will be added to the contract which was $745,000 for a new contract maximum of $774,392.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
(a) Waive the formal bidding process, per Ordinance #3043, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Third Amendment to the Agreement between the County of Lake and Crestwood Behavioral Health for Adult Residential Support and Specialty Mental Health Services for Fiscal Year 2015-16, an increase of $29,392 for a new contract maximum of $774,392 and authorize the Board Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Todd Metcalf, Interim Behavioral Health Director
DATE: January 3, 2017
SUBJECT: (a) Waive the formal bidding process, per Ordinance #3043, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Third Amendment to the Agreement between the County of Lake and Crestwood Behavioral Health for Adult Residential Support and Specialty Mental Health Services for Fiscal Year 2015-16, an increase of $29,392 for a new contract maximum of $774,392 and authorize the Board Chair to sign.
EXECUTIVE SUMMARY: Attached for your approval, is the Third Amendment to the Agreement between County of Lake and Crestwood Behavioral Health for Adult Residential Support Services for Fiscal Year 2015-16.
BACKGROUND AND DISCUSSION: Crestwood Behavioral Health has numerous facilities throughout the State of California and serves multiple Lake County Medi-Cal beneficiaries. Crestwood Behavioral Health facilities include Skilled Nursing Facilities (SNFs), Mental Health Rehabilitation Centers (MHRCs), Adult Residential Facilities (ARFs), Community Programs, and Residential Facilities for the Elderly where clients are offered a continuum of care and treatment from traditional psychiatric services to innovative recovery programs geared toward community reintegration.
A Lake County Medi-Cal beneficiary is placed at Crestwood Modesto. The beneficiary's insurance was changed by Social Security in error for the period of 7/1/15 through 11/30/15; therefore, the charges were denied by Medi-Cal when billed by Crestwood. Now that the insurance has been corrected, the charges are unbillable due to time limits.
We are requesting to waive the formal bidding process, per Ordinance #3043, Purchasing Code 38.2 as it is not in the public interest due to the unique nature of goods or services.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Current Contract Amount (With Amendment): $774,392
FISCAL IMPACT (Narrative): Due to all of the above reasons, Lake County Behavioral Health is accepting responsibility to reimburse t for the unbillable daily IMD rate of $192.10 per day in order to maintain the positive working relationship LCBH currently has with Crestwood. Funds in the amount of $29,392 will be added to the contract which was $745,000 for a new contract maximum of $774,392.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
(a) Waive the formal bidding process, per Ordinance #3043, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Third Amendment to the Agreement between the County of Lake and Crestwood Behavioral Health for Adult Residential Support and Specialty Mental Health Services for Fiscal Year 2015-16, an increase of $29,392 for a new contract maximum of $774,392 and authorize the Board Chair to sign.
7.6Approve Travel Exceeding 1,500 Miles Round Trip for Community Development Department staff (Director-Robert Massarelli, Principal Planners- Michalyn DelValle and Byron Turner) to attend the Annual National American Planning Association Conference in New York, NY, May 5-9, 2017.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
I respectfully request approval of travel for myself, Michalyn DelValle, Principal Planner for Current Planning, and Byron Turner, Principal Planner for Long Range and Environmental Planning to attend the annual national American Planning Association Conference in New York, New York May 5 through May 9, 2017. This includes the weekend which minimizes time away from the office. The various topics that will be addressed at the conference include:
� From Climate Change to Resiliency
� Contemporary Design Skills in an Interdisciplinary Work Place
� Disruptive Economic Development
� Housing and Inequality
� Leadership in Planning
� Fiscal Analysis, Municipal Finance, and the Economy
� Metrics, Public Response, and Indicators to Track Success
� New Horizons in Parks and Planning
� Planning Law
� Redevelopment Makes an Impact
� Transportation: From Mega-Projects to Personal Commuting Decisions
� Zoning: Hitting the Reset Button
Attending this conference will allow me obtain the required continuing education requirements to maintain my AICP certification. I am working with both Michalyn and Byron to obtain their AICP certification and attending this conference will assist in that effort as well as broaden their knowledge of current planning practices that can be utilized here in Lake County.
The estimated costs are per person: $1,164 for 4 nights' hotel, $735 registration, $304 airfare, plus meals. The hotel is a conference hotel.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Approve Travel Exceeding 1,500 Miles Round Trip for Community Development Department staff (Director-Robert Massarelli, Principal Planners- Michalyn DelValle and Byron Turner) to attend the Annual National American Planning Association Conference in New York, NY, May 5-9, 2017.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Robert Massarelli, AICP, Community Development Director
DATE: January 3, 20217
SUBJECT: Approve Travel Exceeding 1,500 Miles Round Trip for Community Development Department staff (Director-Robert Massarelli, Principal Planners- Michalyn DelValle and Byron Turner) to attend the Annual National American Planning Association Conference in New York, NY, May 5-9, 2017.
EXECUTIVE SUMMARY:
I respectfully request approval of travel for myself, Michalyn DelValle, Principal Planner for Current Planning, and Byron Turner, Principal Planner for Long Range and Environmental Planning to attend the annual national American Planning Association Conference in New York, New York May 5 through May 9, 2017. This includes the weekend which minimizes time away from the office. The various topics that will be addressed at the conference include:
� From Climate Change to Resiliency
� Contemporary Design Skills in an Interdisciplinary Work Place
� Disruptive Economic Development
� Housing and Inequality
� Leadership in Planning
� Fiscal Analysis, Municipal Finance, and the Economy
� Metrics, Public Response, and Indicators to Track Success
� New Horizons in Parks and Planning
� Planning Law
� Redevelopment Makes an Impact
� Transportation: From Mega-Projects to Personal Commuting Decisions
� Zoning: Hitting the Reset Button
Attending this conference will allow me obtain the required continuing education requirements to maintain my AICP certification. I am working with both Michalyn and Byron to obtain their AICP certification and attending this conference will assist in that effort as well as broaden their knowledge of current planning practices that can be utilized here in Lake County.
The estimated costs are per person: $1,164 for 4 nights' hotel, $735 registration, $304 airfare, plus meals. The hotel is a conference hotel.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Approve Travel Exceeding 1,500 Miles Round Trip for Community Development Department staff (Director-Robert Massarelli, Principal Planners- Michalyn DelValle and Byron Turner) to attend the Annual National American Planning Association Conference in New York, NY, May 5-9, 2017.
7.7Adopt Resolution Approving a Request From Lake County Health Services Department to Submit an Application for Medical Reserve Corps (MRC) Capacity Building Funds Through the National Association of County and City Health Officials (NACCHO) and Authorizing the Director of Health Services to Sign Said Application
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY:
The Health Services Emergency Preparedness Program was recently contacted by the National Association of County and City Health Officials (NACCHO) regarding a grant funding opportunity for Medical Reserve Corps (MRC) units. The funding is available through a cooperative agreement between NACCHO and the Department of Health and Human Services' Office of the Assistant Secretary for Preparedness and Response (ASPR) (grant #15 HITEP1150032-02-00). Selected MRC units will receive MRC Challenge Awards of up to $13,000.
The MRC Challenge Award is designed to encourage MRC units to identify and implement innovative projects that align with nationally recognized health initiatives, are significant at the local level and demonstrate capability within the MRC network.
The Lake County MRC attained accreditation in April of 2007 from the Office of the Surgeon General and currently has approximately 17 volunteers consisting of Registered Nurses, Dentists, Veterinarians and non-medical volunteers. The goal for Health Services is to continue to develop and train the MRC volunteers so that they are prepared to respond in the context of our local emergency response plans.
If you should have any questions, please feel free to contact either myself or Karen Tait, Health Officer, at 263-1090
FISCAL IMPACT: X__ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
None
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION: Your Board's approval is requested and recommended.
Thank you for your consideration of this request.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Denise Pomeroy, Health Services Director
DATE: January 3, 2017
SUBJECT: Adopt Resolution Approving a Request from Lake County Health Services Department to Submit an Application for Medical Reserve Corps (MRC) Capacity Building Funds Through the National Association of County and City Health Officials (NACCHO) and Authorizing the Director of Health Services to Sign Said Application
EXECUTIVE SUMMARY:
The Health Services Emergency Preparedness Program was recently contacted by the National Association of County and City Health Officials (NACCHO) regarding a grant funding opportunity for Medical Reserve Corps (MRC) units. The funding is available through a cooperative agreement between NACCHO and the Department of Health and Human Services' Office of the Assistant Secretary for Preparedness and Response (ASPR) (grant #15 HITEP1150032-02-00). Selected MRC units will receive MRC Challenge Awards of up to $13,000.
The MRC Challenge Award is designed to encourage MRC units to identify and implement innovative projects that align with nationally recognized health initiatives, are significant at the local level and demonstrate capability within the MRC network.
The Lake County MRC attained accreditation in April of 2007 from the Office of the Surgeon General and currently has approximately 17 volunteers consisting of Registered Nurses, Dentists, Veterinarians and non-medical volunteers. The goal for Health Services is to continue to develop and train the MRC volunteers so that they are prepared to respond in the context of our local emergency response plans.
If you should have any questions, please feel free to contact either myself or Karen Tait, Health Officer, at 263-1090
FISCAL IMPACT: X__ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
None
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION: Your Board's approval is requested and recommended.
Thank you for your consideration of this request.
7.8Approve Agreement Between County of Lake, Probation Department and the State of California, Franchise Tax Board from the Date of Approval Through November 30, 2019. The State Will Receive a Maximum of 15% of Collected Fines and Fees Referred to Them By Lake County Probation; and Authorize the Chief Probation Officer to Sign.
Agreement
passed on consent
Staff memo
EXECUTIVE SUMMARY:
The Lake County Probation Department is charged with collecting court ordered fines, fees and restitution. The collection process is difficult with offenders often simply refusing to pay. When an offender is on probation, failure to pay could result in a violation of probation, however, even with that consequence offenders frequently refuse to pay. The terms of fines, fees and restitution often exceed an offender's term of probation, meaning many offenders are released from probation long before their payments are completed. It becomes considerably more difficult to collect when an offender gets released from probation as, without the consequence of a probation violation, the Probation Department has a very limited ability to impose any kind of sanction for refusal to pay. It is estimated the Probation Department is currently attempting to collect on over $1,000,000 in overdue fines, fees and restitution.
This Agreement would allow the Probation Department to refer delinquent accounts to the State of California, Franchise Tax Board (FTB) for collection. The FTB has considerably more resources and authority to impose penalties for refusal to pay. Those penalties include, but are not limited to, setting up tax assessments, seizing income, filing liens or recommending criminal investigations.
There would be no additional up-front cost for the County as the Probation Department already has the software and licensing needed. The FTB would collect a fee, not to exceed 15% of any amount collected, but since only those accounts that we have been unable to collect on would be referred, any amount received by Lake County represents a profit. Not only would an increase in collected fines and fees benefit the County, but an increase in restitution collection would help the Probation Department with one of our primary goals of assisting victims with restoration. The Agreement itself does not specifically mention the 15% fee; instead under section 3 "The Maximum amount of this Agreement" it says the FTB will charge an Administration Fee in accordance with the governing R&TC (19280-19283) as amended by subsequent legislation. The relevant section, outlining the fee, of that Revenue and Taxation Code is as follows:
California Revenue and Taxation Code
19282. (a) Except as otherwise provided in subdivision (e), amounts collected under this article shall be transmitted to the Treasurer and deposited in the State Treasury to the credit of the Court Collection Account in the General Fund, which is hereby created. Amounts deposited in the Court Collection Account shall, less an amount that is equal to the costs incurred by the Franchise Tax Board in administering the program authorized by this article, be transferred by the Controller either to the county or to the state fund to which the amount due was originally owing or as otherwise directed by contractual agreement. If the amount collected is not sufficient to satisfy the amounts referred for collection pursuant to Section 19280 that are to be paid by an offender, then the amount paid shall be allocated for distribution on a pro rata basis, as defined in subdivision (d), except in counties where the board of supervisors has established a priority of payment for amounts collected under this article pursuant to Section 1203.1d of the Penal Code. The amount that is equal to the costs incurred by the Franchise Tax Board in administering the program authorized by this article shall be transferred by the Controller to the General Fund for the purpose of recovering the amount expended by the Franchise Tax Board from General Fund appropriations for the purpose of implementing and administering the program authorized by this article, and related statutes as added or amended by the act adding this article.
(b) It is the intent of the Legislature that costs to the Franchise Tax Board to administer this article for the 1997 98 fiscal year and each fiscal year thereafter not exceed 15 percent of the amount it collects pursuant to this article.
I was provided this Agreement in a State of California "Standard Agreement" format. The Agreement does not have Lake County's standard signature lines for County Counsel or Clerk of the Board. County Counsel, Anita Grant and County Administrative Officer, Carol Huchingson have both reviewed and approved of this Agreement. The Agreement format only contains a signature line for "County of Lake, by and through the Probation Department".
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
As stated, since The FTB fee represents only a percentage of previously uncollectable fines, fees and restitution, this Agreement would represent only potential revenue.
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION:
Approve Agreement between the Lake County Probation Department and the State of California Franchise Tax Board and Authorize the Chief Probation Officer to sign it.
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Board of Supervisors
FROM: Rob Howe, Chief Probation Officer
DATE: December 14, 2016
SUBJECT: Approval of Agreement Between the Lake County Probation Department and the State of California Franchise Tax Board.
EXECUTIVE SUMMARY:
The Lake County Probation Department is charged with collecting court ordered fines, fees and restitution. The collection process is difficult with offenders often simply refusing to pay. When an offender is on probation, failure to pay could result in a violation of probation, however, even with that consequence offenders frequently refuse to pay. The terms of fines, fees and restitution often exceed an offender's term of probation, meaning many offenders are released from probation long before their payments are completed. It becomes considerably more difficult to collect when an offender gets released from probation as, without the consequence of a probation violation, the Probation Department has a very limited ability to impose any kind of sanction for refusal to pay. It is estimated the Probation Department is currently attempting to collect on over $1,000,000 in overdue fines, fees and restitution.
This Agreement would allow the Probation Department to refer delinquent accounts to the State of California, Franchise Tax Board (FTB) for collection. The FTB has considerably more resources and authority to impose penalties for refusal to pay. Those penalties include, but are not limited to, setting up tax assessments, seizing income, filing liens or recommending criminal investigations.
There would be no additional up-front cost for the County as the Probation Department already has the software and licensing needed. The FTB would collect a fee, not to exceed 15% of any amount collected, but since only those accounts that we have been unable to collect on would be referred, any amount received by Lake County represents a profit. Not only would an increase in collected fines and fees benefit the County, but an increase in restitution collection would help the Probation Department with one of our primary goals of assisting victims with restoration. The Agreement itself does not specifically mention the 15% fee; instead under section 3 "The Maximum amount of this Agreement" it says the FTB will charge an Administration Fee in accordance with the governing R&TC (19280-19283) as amended by subsequent legislation. The relevant section, outlining the fee, of that Revenue and Taxation Code is as follows:
California Revenue and Taxation Code
19282. (a) Except as otherwise provided in subdivision (e), amounts collected under this article shall be transmitted to the Treasurer and deposited in the State Treasury to the credit of the Court Collection Account in the General Fund, which is hereby created. Amounts deposited in the Court Collection Account shall, less an amount that is equal to the costs incurred by the Franchise Tax Board in administering the program authorized by this article, be transferred by the Controller either to the county or to the state fund to which the amount due was originally owing or as otherwise directed by contractual agreement. If the amount collected is not sufficient to satisfy the amounts referred for collection pursuant to Section 19280 that are to be paid by an offender, then the amount paid shall be allocated for distribution on a pro rata basis, as defined in subdivision (d), except in counties where the board of supervisors has established a priority of payment for amounts collected under this article pursuant to Section 1203.1d of the Penal Code. The amount that is equal to the costs incurred by the Franchise Tax Board in administering the program authorized by this article shall be transferred by the Controller to the General Fund for the purpose of recovering the amount expended by the Franchise Tax Board from General Fund appropriations for the purpose of implementing and administering the program authorized by this article, and related statutes as added or amended by the act adding this article.
(b) It is the intent of the Legislature that costs to the Franchise Tax Board to administer this article for the 1997 98 fiscal year and each fiscal year thereafter not exceed 15 percent of the amount it collects pursuant to this article.
I was provided this Agreement in a State of California "Standard Agreement" format. The Agreement does not have Lake County's standard signature lines for County Counsel or Clerk of the Board. County Counsel, Anita Grant and County Administrative Officer, Carol Huchingson have both reviewed and approved of this Agreement. The Agreement format only contains a signature line for "County of Lake, by and through the Probation Department".
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
As stated, since The FTB fee represents only a percentage of previously uncollectable fines, fees and restitution, this Agreement would represent only potential revenue.
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION:
Approve Agreement between the Lake County Probation Department and the State of California Franchise Tax Board and Authorize the Chief Probation Officer to sign it.
7.9Approve Amendment One to Memorandum of Understanding between Special Districts and Cobb Area Water District for Water System Consolidation Feasibility Study and Authorize Chair to Sign.
Agreement
passed on consent
approved — Pass
Staff memo
EXECUTIVE SUMMARY:
On December 1, 2015, your Board approved $250,000 from Geothermal Mitigation Funds to be used for the feasibility study for consolidation of the water systems in the Cobb Mountain area. On November 22, 2016, your Board approved a memorandum of Understanding between Special Districts and Cobb Area Water District to work jointly on the feasibility study.
The Memorandum of Understanding had an administrative error that did not allow the Engineering Consultant to make draw requests for progress payments.
The Engineering contract is for a term of eight months and requires a great deal of engineering work and expense. We believe progress payments are reasonable and warranted.
The amendment also includes a provision for Cobb Area Water District to submit invoices for reimbursement of staff time dedicated to the feasibility study.
We are requesting your Board approve the amendment to the MOU and authorize the Board Chair to sign.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
None
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION: Approve Amendment No. 1 to Memorandum of Understanding between the County of Lake, Special Districts and
Cobb Area Water District for Water System Consolidation Feasibility Study and Authorize Chair to Sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Jan Coppinger, Special Districts Administrator
DATE: December 21, 2016
SUBJECT: Approve amendment #1 to Memorandum of Understanding between Special Districts and Cobb Area
Water District for Water System Consolidation Feasibility Study and Authorize Chair to Sign
EXECUTIVE SUMMARY:
On December 1, 2015, your Board approved $250,000 from Geothermal Mitigation Funds to be used for the feasibility study for consolidation of the water systems in the Cobb Mountain area. On November 22, 2016, your Board approved a memorandum of Understanding between Special Districts and Cobb Area Water District to work jointly on the feasibility study.
The Memorandum of Understanding had an administrative error that did not allow the Engineering Consultant to make draw requests for progress payments.
The Engineering contract is for a term of eight months and requires a great deal of engineering work and expense. We believe progress payments are reasonable and warranted.
The amendment also includes a provision for Cobb Area Water District to submit invoices for reimbursement of staff time dedicated to the feasibility study.
We are requesting your Board approve the amendment to the MOU and authorize the Board Chair to sign.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
None
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION: Approve Amendment No. 1 to Memorandum of Understanding between the County of Lake, Special Districts and
Cobb Area Water District for Water System Consolidation Feasibility Study and Authorize Chair to Sign.
On motion of Supervisor Steele, and by vote of the Board, approved Consent Agenda Items 7.1 through 7.9, with the exception of 7.1 and 7.4 (reasons noted on items). The motion carried by the following vote:
8. Timed Items
8.19:00 A.M. - Remarks from outgoing Supervisors Comstock and Farrington, and Presentations/Commendations thereto
Proclamation
Clerk’s notes: Outgoing Supervisor Jim Comstock addressed Board members, staff and constituents.
Outgoing Supervisor Anthony Farrington addressed Board members, staff and constituents.
Each Supervisor spoke thereafter.
Supervisor Smith read a Proclamation into the record and presented it to outgoing District 4 Supervisor Anthony Farrington.
Supervisor Steele read a Proclamation into the record and presented it to outgoing District 1 Supervisor Jim Comstock.
8.29:01 A.M. - Administer Oath of Office to District 1, District 4, and District 5 Supervisors
Ceremonial Item
Clerk’s notes: Registrar of Voters Diane Fridley administered Oath of Office to newly elected/re-elected Supervisors Moke Simon, Tina Scott and Rob Brown.
8.39:02 A.M. - Election of Chair of the Board of Supervisors and Vice-Chair of the Board of Supervisors for 2017 (outgoing Chair conducts election)
Appointment
Motion carried
Carried 5-0 — moved by Brown
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
On motion of Supervisor Brown, and by vote of the Board, elected Supervisor Jeff Smith as Chair and Supervisor Jim Steele as Vice Chair. The motion carried by the following vote:
Ayes: Supervisors Simon, Smith, Steele, Scott and Brown
Clerk’s notes: Chair Brown passed the gavel to Vice Chair Smith.
8.49:04 A.M. - (Sitting as the Lake County Board of Equalization) - Election of Chair and Vice-Chair of the Lake County Local Board of Equalization for 2017.
Appointment
Motion carried
Carried 5-0 — moved by Scott
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
On motion of Director Scott, and by vote of the Board, elected Director Smith as Chair of the Lake County Board of Equalization for 2017 and Director Steele as Vice Chair of the Board of Equalization for 2017. The motion carried by the following vote:
Ayes: Directors Simon, Steele, Scott, Brown and Smith
Clerk’s notes: County Administrative Officer Carol Huchingson spoke.
8.59:05 A.M. - (Sitting as the Lake County In-Home Supportive Services) - Election of Chair and Vice-Chair of the Lake County In-Home Supportive Services Public Authority Board of Directors for 2017.
Appointment
approved — Pass
On motion of Director Scott, and by vote of the Board, elected Director Smith as Chair and Director Steele as Vice Chair for In-Home Support Services Board of Directors. The motion carried by the following vote:
8.69:15 A.M. - Consideration of Continuation of a Proclamation of a Local Health Emergency by the Lake County Health Officer
Proclamation
approved — Pass
On motion of Supervisor Steele, and by vote of the Board, continued the Declaration of a Proclamation of a Local Health Emergency by the Lake County Health Officer. The motion carried by the following vote:
Clerk’s notes: Public Health Officer Karen Tate presented the item to the Board. Environmental Health Director Ray Ruiminski provided a brief update with regard to Clayton fire clean-up efforts, informing the Board that CalRecycle have competed 150 properties, private contractors have cleared 45. The focus will now shift to Notice of Nuisance to Abate for the remaining 13 properties.
Chair Smith asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.79:16 A.M. - Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Wildfire Conditions, pertaining to the Rocky, Jerusalem and Valley Fires
Action Item
approved — Pass
Staff memo
EXECUTIVE SUMMARY: As your Board is aware, in the afternoon of July 29, 2015 the Rocky Fire began in the area of Morgan Valley Road and continued for several weeks. This prompted the activation of the Lake OES Emergency Operations Center (EOC) and Matt Perry, County Administrative Officer/OED Director (retired) declared a Local Emergency on July 31, 2015. On August 4, 2015, your Board ratified the declaration by Resolution no. 2015-107, confirming the existence of such emergency. The dangers of this year's fire season continued on Sunday, August 9, 2015, when the Jerusalem Fire broke out, and your Board amended the declaration of a local emergency on August 18, 2015, to include the Jerusalem Fire, by Resolution no. 2015-109. On the afternoon of September 12, 2015, the Valley Fire began. This again prompted the activation of the EOC and Matt Perry County Administrative Office/OES Director (retired) declared a Local Emergency that evening. This was ratified by your Board on September 15, 2015 by Resolution no. 2015-128.
As the County seeks funding and performs recovery operations related to tree removal and other fire recovery projects for the Rocky, Jerusalem, and Valley Fires, it is advisable that we continue the declaration of an emergency to support the fire recovery process.
This declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Wildfire Conditions, pertaining to the Rocky, Jerusalem and Valley Fires
Original memo text
..Title
..Body
MEMORANDUM
TO: Rob Brown, Chairman, Board of Supervisors
FROM: Brian Martin, Sheriff/Coroner
DATE: November 15, 2016
SUBJECT: Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Wildfire Conditions, pertaining to the Rocky, Jerusalem and Valley Fires
EXECUTIVE SUMMARY: As your Board is aware, in the afternoon of July 29, 2015 the Rocky Fire began in the area of Morgan Valley Road and continued for several weeks. This prompted the activation of the Lake OES Emergency Operations Center (EOC) and Matt Perry, County Administrative Officer/OED Director (retired) declared a Local Emergency on July 31, 2015. On August 4, 2015, your Board ratified the declaration by Resolution no. 2015-107, confirming the existence of such emergency. The dangers of this year's fire season continued on Sunday, August 9, 2015, when the Jerusalem Fire broke out, and your Board amended the declaration of a local emergency on August 18, 2015, to include the Jerusalem Fire, by Resolution no. 2015-109. On the afternoon of September 12, 2015, the Valley Fire began. This again prompted the activation of the EOC and Matt Perry County Administrative Office/OES Director (retired) declared a Local Emergency that evening. This was ratified by your Board on September 15, 2015 by Resolution no. 2015-128.
As the County seeks funding and performs recovery operations related to tree removal and other fire recovery projects for the Rocky, Jerusalem, and Valley Fires, it is advisable that we continue the declaration of an emergency to support the fire recovery process.
This declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Wildfire Conditions, pertaining to the Rocky, Jerusalem and Valley Fires
On motion of Supervisor Brown, and by vote of the Board, continued the Declaration of a Proclamation of a Local Emergency due to Wildfire Conditions, pertaining to the Rocky, Jerusalem and Valley Fires. The motion carried by the following vote:
Clerk’s notes: Sheriff Martin presented the item to the Board.
Chair Smith asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.89:17 A.M. - Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Clayton Fire
Action Item
approved — Pass
Staff memo
As the County seeks funding and performs recovery operations related to tree removal and other fire recovery projects for the Clayton Fire, it is advisable that we continue the declaration of an emergency to support the fire recovery process.
This declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Clayton Fire
Original memo text
..Title
..Body
MEMORANDUM
TO: Rob Brown, Chairman, Board of Supervisors
FROM: Brian Martin, Sheriff/Coroner
DATE: November 15, 2016
SUBJECT: Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Clayton Fire
EXECUTIVE SUMMARY: As your Board is aware, in the afternoon of August 13, 2016, the Clayton Fire began in the area of Clayton Creek Rd. This prompted the activation of the Lake OES Emergency Operations Center (EOC) and Brian Martin, Lake County Sheriff, declared a Local Emergency August 14, 2016. On August 16, 2016, your Board ratified the declaration by Resolution no. 2016-825, confirming the existence of such emergency.
As the County seeks funding and performs recovery operations related to tree removal and other fire recovery projects for the Clayton Fire, it is advisable that we continue the declaration of an emergency to support the fire recovery process.
This declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Clayton Fire
On motion of Supervisor Brown, and by vote of the Board, continued the Declaraion of Local Emergency due to Clayton Fire. The motion carried by the following vote:
Clerk’s notes: Sheriff Martin presented the item to the Board.
Chair Smith asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.99:20 A.M. - Public Input
Clerk’s notes: County Administrative Officer Carol Huchingson introduced new hire Water Resources Director Phil Moy.
8.109:45 A.M. - PUBLIC HEARING - Consideration of an Ordinance Establishing Article XXVIII in Chapter 2 of the County Code Providing the Authority and Procedures for Adopting and Administering a Master Fee Schedule
Public Hearing
Motion carried · 2 motions
Carried 5-0 — moved by Steele
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Carried 5-0 — moved by Steele
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
On December 6, 2017 staff initially presented the Ordinance establishing Article XXVIII in Chapter 2 of the County Code. Prior to the second reading on December 20, 2017, staff was made aware of the requirement to present the Ordinance as a public hearing with proper notices to the public. Consequently, this Ordinance was removed from your board's agenda on December 20, 2017 and is now being brought before your board again for consideration of adoption.
In accordance with your Board's direction, staff has been engaged in the development of a Master Fee Schedule to provide the public with a convenient and transparent single source that reflects all County service fees. In order to adopt a Master Fee Schedule, it is necessary to first establish the corresponding authority and procedures. Consequently, presented for your consideration is an Ordinance which authorizes the use of a Resolution to both adopt a Master Fee Schedule and to make subsequent adjustments thereto.
Soon after the effective date of this Ordinance, staff will present the Resolution which will serve to adopt the inaugural Master Fee Schedule. Once adopted, the intent is to update the Master Fee Schedule annually as part of the budget process and other times as needed.
The proposed Ordinance also provides for automatic adjustment of state and federal fees without benefit of an amending Resolution when, in those rare occasions, it is necessary to timely apply adjustments in order to maintain compliance with said laws.
The approach envisioned by the attached Ordinance will not only provide a user-friendly document for the public but will also streamline the process of adjusting fees.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends adoption of the Ordinance Establishing Article XXVIII in Chapter 2 of the County Code providing the authority and procedures for adopting and administering the Master Fee Schedule.
This Ordinance will require the standard two readings provided your Board take action to advance the Ordinance for consideration of passage.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J Huchingson, County Administrative Officer
DATE: January 3, 2017
SUBJECT: Ordinance Establishing Article XXVIII in Chapter 2 of the County Code Providing the Authority and Procedures for Adopting and Administering a Master Fee Schedule.
EXECUTIVE SUMMARY:
On December 6, 2017 staff initially presented the Ordinance establishing Article XXVIII in Chapter 2 of the County Code. Prior to the second reading on December 20, 2017, staff was made aware of the requirement to present the Ordinance as a public hearing with proper notices to the public. Consequently, this Ordinance was removed from your board's agenda on December 20, 2017 and is now being brought before your board again for consideration of adoption.
In accordance with your Board's direction, staff has been engaged in the development of a Master Fee Schedule to provide the public with a convenient and transparent single source that reflects all County service fees. In order to adopt a Master Fee Schedule, it is necessary to first establish the corresponding authority and procedures. Consequently, presented for your consideration is an Ordinance which authorizes the use of a Resolution to both adopt a Master Fee Schedule and to make subsequent adjustments thereto.
Soon after the effective date of this Ordinance, staff will present the Resolution which will serve to adopt the inaugural Master Fee Schedule. Once adopted, the intent is to update the Master Fee Schedule annually as part of the budget process and other times as needed.
The proposed Ordinance also provides for automatic adjustment of state and federal fees without benefit of an amending Resolution when, in those rare occasions, it is necessary to timely apply adjustments in order to maintain compliance with said laws.
The approach envisioned by the attached Ordinance will not only provide a user-friendly document for the public but will also streamline the process of adjusting fees.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends adoption of the Ordinance Establishing Article XXVIII in Chapter 2 of the County Code providing the authority and procedures for adopting and administering the Master Fee Schedule.
This Ordinance will require the standard two readings provided your Board take action to advance the Ordinance for consideration of passage.
On motion of Supervisor Steele, and by vote of the Board, waived the reading of the Ordinance, having it read in title only (Clerk did so). The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
On motion of Supervisor Steele, and by vote of the Board, advanced the Ordinace to January 10, 2017. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
Clerk’s notes: County Administrative Officer Carol Huchingson and Deputy CAO Stephen Carter presented the item to the Board.
Chair Smith asked if anyone present wish to speak and Voris Brumfield spoke. No one else wished to speak and the public input portion of this item was closed.
8.1110:00 A.M. - PUBLIC HEARING - (Continued from December 13, 2016, September 13, 2016, August 23, 2016, July 26, 2016 and June 28, 2016) - Consideration of Appeal (AB 16-01) of Planning Commission's denial of Use Permit (15-10) to construct a new seventy-five foot (75') monopole cellular antenna; project located at 5660 Staheli Drive, Kelseyville (APN 008-050-22); applicant is Epic Wireless Group for Verizon Wireless.
Public Hearing
approved — Pass
Staff memo
EXHIBITS: A. Appeal Form and attached documents
B. Planning Commission Staff Report Dated December 3, 2015
C. Planning Commission meeting minutes from January 14, 2016.
D. Revised documents submitted by applicant.
E. Correspondence from surrounding property owners.
I. BACKGROUND
The applicant is appealing the decision by the Planning Commission on January 14, 2016 to deny an application for a Major Use Permit to construct a new seventy-five foot tall monopole cellular antenna disguised as an evergreen tree for the purpose of increasing cell carrier capacity in the Kelseyville area. Twelve eight foot high panel type antennae, two six-foot diameter microwave dishes and assorted required equipment would be mounted on the mono-tree antenna, while various ground based equipment would be located at the base of the antenna tower including four equipment cabinets, a 30 KW diesel powered electrical generator and a 132 gallon diesel fuel tank. A six-foot tall chain link fence with privacy slats and topped by barbed wire would surround the 2,500 square foot lease area. Access to the site would be from a twenty-foot wide non-exclusive access easement located off of Staheli Drive. As required by Article 71 of the Zoning Ordinance, the applicant has made provisions for future co-location from other cellular communication companies on the proposed mono-tree.
II. APPEAL DISCUSSION
The appeal to the above noted denial of Use Permit UP 15-10 was filed on January 20, 2016, by Andrew Lesa of Epic Wireless Group for Verizon Wireless. Along with the appeal form, Mr. Lesa attached verbiage detailing the reason for the appeal including the following purported violations of United States Code:
47 U.S.C.332(c)(7)(b)(i)(ii) which reads:
(i)"The regulation of the placement, construction and modification of personal wireless service facilities by any State or local government or instrumentality thereof-
(I) shall not unreasonably discriminate among providers of functionally equivalent services and
(II)shall not prohibit or have the effect of prohibiting the provision of personal wireless services."
(ii) "A state or local government or instrumentality thereof shall act on any request for authorization to place, construct or modify personal wireless service facilities within a reasonable period of time after the request is filed with such government or instrumentality, taking into account the nature and scope of such request."
(iii) "Any decision by a State or local government or instrumentality thereof to deny a request to place, construct or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record."
In response to the above, staff offers the following:
(i)
(I) There was no discrimination to the applicant as to other relevant applications for the installation of cellular antennas in Lake County. In fact, the Planning Commission recently approved two other sites for the installation of Verizon associated mono-tree antennae.
(II) Because the County of Lake accepted and processed Verizon's application for the proposed cellular antenna, it shows that there is no prohibition of personal wireless services by the County.
(ii) The application for the Verizon antenna site was submitted on June 2, 2015 and brought to the Planning Commission on January 14, 2016 per an agreement with Mr. Andrew Lesa, the representative for Verizon. As such, the County processed the application in a reasonable time.
(iii) In a letter dated January 14, 2016 (see attachment A), Planning staff notified the applicant Epic Wireless Group/Verizon Wireless of the denial of their application UP 15-10 to construct a seventy-five foot tall mono-tree cellular antenna. Additionally, the attached minutes of the January 14, 2016 Planning Commission meeting includes Planning Commissioner comments on why they voted to deny the above noted application.
At the Planning Commission meeting of January 14, 2016, the Planning commissioners heard comments from nine neighboring property owners objecting to the placement of the proposed mono-tree cell tower in proximity to their residences, reasons given include being an "eyesore", "negatively affect property values", "would be degrading to the area", and "was inappropriate in a small residential area." There were also concerns about the large fuel tank associated with the diesel electricity backup generator and one speaker wondered who would be maintaining the tree. There was not a representative present for Verizon who could address the above noted questions and concerns. As such, the Commission voted to deny Verizon Wireless' Use Permit application.
Subsequent to the Planning Commission's denial, planning staff identified several locations as possible alternatives to the project site that would not generate anxiety for neighboring residents. The applicant has submitted revised plans along with photo simulations for the project along with an alternative site analysis and reasons for rejection as noted below:
4695 Cole Creek Road: Suggested alternative by the County of Lake's Planning Department was rejected because the site was deemed too far south from the targeted area of the State Highway 29 corridor (see attached information supplied by applicant).
4820 Loasa Road: Suggested alternative by the County of Lake's Planning Department was rejected because the site was deemed too far north from the targeted area of the State Highway 29 corridor (see attached information supplied by applicant).
6738 Live Oak Drive: Suggested by the Kelseyville Business Association was rejected because it would require the height of the tower to be taller than the proposed tower at the Staheli Drive location and the coverage would not be as comprehensive (see attached information supplied by applicant).
Additionally, the applicant has since made minor changes to the project proposal by reducing the height of the proposed facility from seventy-five feet to sixty-four feet. Other than this, all other aspects of the project remain the same.
III. CONCLUSION
The Planning Commission denied the Major Use Permit for the construction of a seventy-five foot mono-tree cellular antenna on January 14, 2016 for property located at 5660 Staheli Drive in Kelseyville for the following reasons:
1. The Public input on the project indicated that the site location was inappropriate due to surrounding residential and rural property uses.
2. The staff report indicated that the proposed use was outside the parameters of the land use guidelines in that the proposal did not comply with the majority of Policy PFS-7.3 Siting of Telecommunications Infrastructure of the County of Lake's General Plan, which stipulates in part that: "visual impacts of wireless telecommunications facilities shall be minimized to the greatest extent possible and
* Located away from residential and open space areas; and
* When possible, are located on existing buildings, existing poles or other existing support structures; and..."
Staff noted in the Planning Commission staff report that: "the project site would not be located away from residences, as there is a small subdivision of houses to the west and an undeveloped subdivision to the north. It also will not be located away from open space areas, as surrounding properties to the east and south are sparsely developed with mostly open space surrounding them. Additionally, it is not possible to place the structure, or a similar one, on existing building, poles or other structures."
Additionally in support of number 2 above, six specific findings are required to be made to approve a major use permit. One of these findings is:
5. That the project is in conformance with the applicable provisions and policies of this code, the General Plan and any approved zoning or land use plan. As noted above, this project is not completely in conformance with Policy PFS-7.3 Siting of Telecommunications Infrastructure of the County of Lake's General Plan.
..Recommended Action
Sample Motions:
Appeal Approval
I move that the Board of Supervisors make an intended decision to grant appeal AB 16-01 and overturn the Planning Commission's denial of Use Permit UP 15-10 applied for by Epic Wireless Group for Verizon Wireless for property located at 5660 Staheli Drive in Kelseyville, and direct County Counsel to prepare findings of fact before remanding the project back to the Planning Commission for completion of the Environmental review.
Appeal Denial
I move that the Board of Supervisors make an intended decision to deny the appeal AB 16-01 and sustain the Planning Commission's denial of Use Permit UP 15-10 applied for by Epic Wireless Group for Verizon Wireless for property located at 5660 Staheli Drive in Kelseyville, and direct County Counsel to prepare findings of fact.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Robert Massarelli, Community Development Director
By Keith Gronendyke, Associate Planner
SUBJECT: (Continued from September 13, 2016, August 23, 2016, July 26, 2016 and June 28, 2016) Verizon Wireless Appeal (AB 16-01) of denial of Use Permit (15-10) Supervisorial District 4
DATE: June 8, 2016
EXHIBITS: A. Appeal Form and attached documents
B. Planning Commission Staff Report Dated December 3, 2015
C. Planning Commission meeting minutes from January 14, 2016.
D. Revised documents submitted by applicant.
E. Correspondence from surrounding property owners.
I. BACKGROUND
The applicant is appealing the decision by the Planning Commission on January 14, 2016 to deny an application for a Major Use Permit to construct a new seventy-five foot tall monopole cellular antenna disguised as an evergreen tree for the purpose of increasing cell carrier capacity in the Kelseyville area. Twelve eight foot high panel type antennae, two six-foot diameter microwave dishes and assorted required equipment would be mounted on the mono-tree antenna, while various ground based equipment would be located at the base of the antenna tower including four equipment cabinets, a 30 KW diesel powered electrical generator and a 132 gallon diesel fuel tank. A six-foot tall chain link fence with privacy slats and topped by barbed wire would surround the 2,500 square foot lease area. Access to the site would be from a twenty-foot wide non-exclusive access easement located off of Staheli Drive. As required by Article 71 of the Zoning Ordinance, the applicant has made provisions for future co-location from other cellular communication companies on the proposed mono-tree.
II. APPEAL DISCUSSION
The appeal to the above noted denial of Use Permit UP 15-10 was filed on January 20, 2016, by Andrew Lesa of Epic Wireless Group for Verizon Wireless. Along with the appeal form, Mr. Lesa attached verbiage detailing the reason for the appeal including the following purported violations of United States Code:
47 U.S.C.332(c)(7)(b)(i)(ii) which reads:
(i)"The regulation of the placement, construction and modification of personal wireless service facilities by any State or local government or instrumentality thereof-
(I) shall not unreasonably discriminate among providers of functionally equivalent services and
(II)shall not prohibit or have the effect of prohibiting the provision of personal wireless services."
(ii) "A state or local government or instrumentality thereof shall act on any request for authorization to place, construct or modify personal wireless service facilities within a reasonable period of time after the request is filed with such government or instrumentality, taking into account the nature and scope of such request."
(iii) "Any decision by a State or local government or instrumentality thereof to deny a request to place, construct or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record."
In response to the above, staff offers the following:
(i)
(I) There was no discrimination to the applicant as to other relevant applications for the installation of cellular antennas in Lake County. In fact, the Planning Commission recently approved two other sites for the installation of Verizon associated mono-tree antennae.
(II) Because the County of Lake accepted and processed Verizon's application for the proposed cellular antenna, it shows that there is no prohibition of personal wireless services by the County.
(ii) The application for the Verizon antenna site was submitted on June 2, 2015 and brought to the Planning Commission on January 14, 2016 per an agreement with Mr. Andrew Lesa, the representative for Verizon. As such, the County processed the application in a reasonable time.
(iii) In a letter dated January 14, 2016 (see attachment A), Planning staff notified the applicant Epic Wireless Group/Verizon Wireless of the denial of their application UP 15-10 to construct a seventy-five foot tall mono-tree cellular antenna. Additionally, the attached minutes of the January 14, 2016 Planning Commission meeting includes Planning Commissioner comments on why they voted to deny the above noted application.
At the Planning Commission meeting of January 14, 2016, the Planning commissioners heard comments from nine neighboring property owners objecting to the placement of the proposed mono-tree cell tower in proximity to their residences, reasons given include being an "eyesore", "negatively affect property values", "would be degrading to the area", and "was inappropriate in a small residential area." There were also concerns about the large fuel tank associated with the diesel electricity backup generator and one speaker wondered who would be maintaining the tree. There was not a representative present for Verizon who could address the above noted questions and concerns. As such, the Commission voted to deny Verizon Wireless' Use Permit application.
Subsequent to the Planning Commission's denial, planning staff identified several locations as possible alternatives to the project site that would not generate anxiety for neighboring residents. The applicant has submitted revised plans along with photo simulations for the project along with an alternative site analysis and reasons for rejection as noted below:
4695 Cole Creek Road: Suggested alternative by the County of Lake's Planning Department was rejected because the site was deemed too far south from the targeted area of the State Highway 29 corridor (see attached information supplied by applicant).
4820 Loasa Road: Suggested alternative by the County of Lake's Planning Department was rejected because the site was deemed too far north from the targeted area of the State Highway 29 corridor (see attached information supplied by applicant).
6738 Live Oak Drive: Suggested by the Kelseyville Business Association was rejected because it would require the height of the tower to be taller than the proposed tower at the Staheli Drive location and the coverage would not be as comprehensive (see attached information supplied by applicant).
Additionally, the applicant has since made minor changes to the project proposal by reducing the height of the proposed facility from seventy-five feet to sixty-four feet. Other than this, all other aspects of the project remain the same.
III. CONCLUSION
The Planning Commission denied the Major Use Permit for the construction of a seventy-five foot mono-tree cellular antenna on January 14, 2016 for property located at 5660 Staheli Drive in Kelseyville for the following reasons:
1. The Public input on the project indicated that the site location was inappropriate due to surrounding residential and rural property uses.
2. The staff report indicated that the proposed use was outside the parameters of the land use guidelines in that the proposal did not comply with the majority of Policy PFS-7.3 Siting of Telecommunications Infrastructure of the County of Lake's General Plan, which stipulates in part that: "visual impacts of wireless telecommunications facilities shall be minimized to the greatest extent possible and
* Located away from residential and open space areas; and
* When possible, are located on existing buildings, existing poles or other existing support structures; and..."
Staff noted in the Planning Commission staff report that: "the project site would not be located away from residences, as there is a small subdivision of houses to the west and an undeveloped subdivision to the north. It also will not be located away from open space areas, as surrounding properties to the east and south are sparsely developed with mostly open space surrounding them. Additionally, it is not possible to place the structure, or a similar one, on existing building, poles or other structures."
Additionally in support of number 2 above, six specific findings are required to be made to approve a major use permit. One of these findings is:
5. That the project is in conformance with the applicable provisions and policies of this code, the General Plan and any approved zoning or land use plan. As noted above, this project is not completely in conformance with Policy PFS-7.3 Siting of Telecommunications Infrastructure of the County of Lake's General Plan.
..Recommended Action
Sample Motions:
Appeal Approval
I move that the Board of Supervisors make an intended decision to grant appeal AB 16-01 and overturn the Planning Commission's denial of Use Permit UP 15-10 applied for by Epic Wireless Group for Verizon Wireless for property located at 5660 Staheli Drive in Kelseyville, and direct County Counsel to prepare findings of fact before remanding the project back to the Planning Commission for completion of the Environmental review.
Appeal Denial
I move that the Board of Supervisors make an intended decision to deny the appeal AB 16-01 and sustain the Planning Commission's denial of Use Permit UP 15-10 applied for by Epic Wireless Group for Verizon Wireless for property located at 5660 Staheli Drive in Kelseyville, and direct County Counsel to prepare findings of fact.
On motion of Supervisor Brown, and by vote of the Board, continued this item to January 24, 2017 at 10:00 a.m. The motion carried by the following vote:
Clerk’s notes: Chair Smith opened the public hearing. Clerk swore in County staff, Verizon representatives and members of the public wishing to speak.
Associate Planner Keith Gronendyke presented the item to the Board. Principal Planner Michalyn DelValle was also present and spoke. Verizon representative, Andrew Lesa of Epic Wireless and Ed Godfrey with Verizon.
Chair Smith opened public comment and the following people spoke: Joan Moss and Mary Beth Strong.
Supervisor Brown asked that the Public Hearing be continued to January 24, 2017 @ 10:00 a.m. to allow Verizon and it's representatives to meet with the Kelseyville School District.
Chair Smith closed the public hearing.
9. Non-Timed Items
9.1Supervisors’ weekly calendar, travel and reports
9.2Consideration of Chairman's recommended 2017 committee assignments for members of the Board of Supervisors
Appointment
approved — Pass
On motion of Supervisor Steele, and by vote of the Board, approved the Chairman's recommendations for 2017 committee assignments, as amended. The motion carried by the following vote:
Clerk’s notes: Supervisor Steele would like to lead Lake County Coordinating Resource Management Committee (RMC) with Supervisor Simon as alternate, vs. Supervisior Scott leading with Supervisor Steele as alternate.
It was also suggested that Supervisor Scott and Supervisor Simon be appointed to LAFCO with Supervisor Smith as an alternate, vs. Supervisor Steele and Supervisor Simon.
There was discussion surrounding the Marymount California University Long Range Planning Advisory Council, whether the committee title needed to be changed. County Administrative Officer Carol Huchingson asked the Board not take action on this committee assignment and allowing staff time to research.
There was Board consensus to remove Public Authority/IHSS.
Chair Smith asked if anyone present wished to speak and Joan Moss spoke. No one else wished to speak and the public input portion of this item was closed.
9.3Consideration of the following appointments:
Animal Control Advisory Board
Audit Committee
Child Care Planning and Development
Fish and Wildlife Advisory Council
Hartley Cemetery District
IHSS Public Authority Advisory Committee
Kelseyville Cemetery District
Law Library Board of Trustees
Maternal, Child and Adolescent Health
Spring Valley CSA #2 Advisory Board
Upper Lake Cemetery District
Vector Control District Board of Trustees
Appointment
Motion carried · 11 motions
Carried 5-0 — moved by Brown
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Carried 5-0 — moved by Brown
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Carried 5-0 — moved by Brown
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Carried 5-0 — moved by Brown
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Carried 5-0 — moved by Scott
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Carried 4-0 — moved by Scott
Brown: abstain Scott: aye Simon: aye Smith: aye Steele: aye
Brown: abstain Scott: aye Simon: aye Smith: aye Steele: aye
Carried 5-0 — moved by Brown
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Carried 5-0 — moved by Brown
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Carried 5-0 — moved by Brown
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Carried 5-0 — moved by Steele
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Carried 5-0 — moved by Brown
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
Animal Control Advisory Board: Seven (7) vacancies
Applications received: Susan A. Cannon - incumbent
Paula Werner - incumbent
Nora Star - incumbent
Victoria Chamberlin - incumbent
Audit Committee: One (1) vacancy
Applications received: Ronald Nagy - incumbent
Child Care Planning and Development Council: Seven (7) vacancies
Applications received: Angela Cuellar-Marroquin- Child Care Provider -new applicant
Gloria Bradford - Public Agency - incumbent
Mary Prather - Community Representative - incumbent
Laurie Daly - Public Agency - new applicant
Fish and Wildlife Advisory Council: Eleven (11) vacancies
Applications received: Mark Miller - new applicant
Lynette Shimek - incumbent
Richard F. Hinchcliff - incumbent
Hartley Cemetery District: Two (2) vacancies
Applications received: Audrey Lindeblad - incumbent
Lake County (IHSS) Public Authority Advisory Committee: Seven (7) vacancies
Applications received: Marilyn Johnson - incumbent
Kelseyville Cemetery District: Two (2) vacancies
Applications received: Michael Powers - incumbent
Law Library Board of Trustees: Two (2) vacancies
Applications received: Shanda Harry - incumbent
Dennis Fordham - incumbent
Maternal, Child and Adolescent Health (MCAH): Ten (10) vacancies
Applications received: Helaine Moore - incumbent
Jaleen White - incumbent
Kim Tangermann - incumbent
Spring Valley CSA #2 Advisory Board: Seven (7) vacancies
Applications received: Mark Currier - incumbent
Upper Lake Cemetery District: One (1) vacancy
Applications received: Patricia Beristianos - incumbent
Vector Control District Board of Trustees: One (1) vacancy
Applications received: Robert Bostock - incumbent
Randall Williams - new applicant
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carolyn Purdy, Asst. Clerk of the Board
DATE: December 1, 2016
SUBJECT: Consideration of Advisory Board Appointments
EXECUTIVE SUMMARY:
Animal Control Advisory Board: Seven (7) vacancies
Applications received: Susan A. Cannon - incumbent
Paula Werner - incumbent
Nora Star - incumbent
Victoria Chamberlin - incumbent
Audit Committee: One (1) vacancy
Applications received: Ronald Nagy - incumbent
Child Care Planning and Development Council: Seven (7) vacancies
Applications received: Angela Cuellar-Marroquin- Child Care Provider -new applicant
Gloria Bradford - Public Agency - incumbent
Mary Prather - Community Representative - incumbent
Laurie Daly - Public Agency - new applicant
Fish and Wildlife Advisory Council: Eleven (11) vacancies
Applications received: Mark Miller - new applicant
Lynette Shimek - incumbent
Richard F. Hinchcliff - incumbent
Hartley Cemetery District: Two (2) vacancies
Applications received: Audrey Lindeblad - incumbent
Lake County (IHSS) Public Authority Advisory Committee: Seven (7) vacancies
Applications received: Marilyn Johnson - incumbent
Kelseyville Cemetery District: Two (2) vacancies
Applications received: Michael Powers - incumbent
Law Library Board of Trustees: Two (2) vacancies
Applications received: Shanda Harry - incumbent
Dennis Fordham - incumbent
Maternal, Child and Adolescent Health (MCAH): Ten (10) vacancies
Applications received: Helaine Moore - incumbent
Jaleen White - incumbent
Kim Tangermann - incumbent
Spring Valley CSA #2 Advisory Board: Seven (7) vacancies
Applications received: Mark Currier - incumbent
Upper Lake Cemetery District: One (1) vacancy
Applications received: Patricia Beristianos - incumbent
Vector Control District Board of Trustees: One (1) vacancy
Applications received: Robert Bostock - incumbent
Randall Williams - new applicant
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
On motion of Supervisor Brown, and by vote of the Board, appointed incumbents Susan Cannon, Paula Werner, Nora Star and Victoria Chamberlin to the Animal Control Advisory Board. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
On motion of Supervisor Brown, and by vote of the Board, appointed Ronald Nagy (incumbent) to the Audit Committee. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
On motion of Supervisor Brown, and by vote of the Board, appointed Angela Cuellar-Marroquin (Child Care Provider- new applicant), Gloria Bradford (Public Agency- incumbent), Mary Prather (Community Representative- incumbent), and Laurie Daly (Public Agency- new applicant) to the Child Care Planning and Development Council. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
On motion of Supervisor Brown, and by vote of the Board, appointed Mark Miller (new applicant), Lynette Shimek (incumbent) and Richard Hinchcliff (incumbent) to the Fish and Wildlife Advisory Board. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
On motion of Supervisor Scott, and by vote of the Board, appointed Audrey Lindeblad (incumbent) to the Hartley Cemetery District Advisory Board. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
On motion of Supervisor Scott, and by vote of the Board, appointed Marilyn Johnson (incumbent) to the Lake County (IHSS) Public Authority Advisory Board. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott and Smith
Abstained: Supervisor Brown
On motion of Supervisor Brown, and by vote of the Board, appointed Michael Powers (incumbent) to the Kelseyville Cemetery District Advisory Board. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
On motion of Supervisor Brown, and by vote of the Board, appointed incumbents Shanda Harry and Dennis Fordham to the Law Library Board of Trustees Advisory Board. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
On motion of Supervisor Brown, and by vote of the Board, appointed incumbents Helaine Moore, Jaleen White and Kim Tangermann to the Maternal, Child and Adolescent Health (MCAH) Advisory Board. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
On motion of Supervisor Steele, and by vote of the Board, appointed incumbents Mark Currier, Peggy O'Day, James McDole, Edward Smith and Scott Prewett (new applicant) to the Spring Valley CSA #2 Advisory Board. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
On motion of Supervisor Brown, and by vote of the Board, appointed Robert Bostock (incumbent) to the Vector Control District Board of Trustees. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
Clerk’s notes: Chair Smith asked if anyone present wished to speak and Robert Bostock spoke. No one else wished to speak and the public input portion of this item was closed.
9.4Report from Treasurer-Tax Collector on tax sale process for delinquent properties including plans and timeline for sale to be conducted in FY 2016-17
Report
Staff memo
EXECUTIVE SUMMARY:
I am requesting that the Treasurer-Tax Collector provide an overview of the process for tax sale of delinquent properties, including plans and timeline for the next sale to be conducted during Fiscal Year 2016-2017.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
No action - informational report only
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Supervisor Smith
DATE: January 3, 2017
SUBJECT: Report from Treasurer-Tax Collector on tax sale process for delinquent properties including plans and timeline for sale to be conducted in FY 2016-17
EXECUTIVE SUMMARY:
I am requesting that the Treasurer-Tax Collector provide an overview of the process for tax sale of delinquent properties, including plans and timeline for the next sale to be conducted during Fiscal Year 2016-2017.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
No action - informational report only
This item was informational only. The Board would like a progress report on this item at the February 28, 2017 Board meeting.
Clerk’s notes: Barbara Ringen provided a report to the Board, with regard to how the tax sale works, what factors need to be considered, as well as noticing requirements and online auction options. County Administrative Officer Carol Huchingson also spoke.
Chair Smith asked if anyone present wished to speak. No one spoke and the public input portion of this item was closed.
9.5Consideration of Plan for New Board Member Training 2017 and Board of Supervisors Protocol 2017
Action Item
approved — Pass
Staff memo
EXECUTIVE SUMMARY:
As your Board is aware, in November, I attended the California State Association of Counties (CSAC) annual conference and training for new supervisors. During the sessions, I learned that many counties provide additional in-house training to new supervisors to assist in the smooth transition of new leadership. I also learned that as a supplement to their County ordinances delineating the basic rules for Board meetings, many Boards also approve a complementary document each year (the titles of which vary from "Board Procedure", "Board Order and Decorum", "Board Protocol") which establishes simple, additional ground rules for meetings, agenda items, interaction with staff, etc.
I am requesting an opportunity to review the attached draft New Board Member Training 2017 with your Board, with the intention of implementing it as soon as possible. This plan not only provides for training by my office and County Counsel, over the course of the coming months, it provides for the new supervisors to meet every department head (both elected and appointed) at their offices, to review mission, goals, mandates, budgets, challenges and to tour facilities and projects, as applicable. I have tentatively scheduled with each Department Head (names in italics are pending confirmation). The intent of this training is to assist each new supervisor in getting off to the best possible start as a decision maker and County leader and although the sessions will go on for some time, County operations are quite expansive and this will be time well spent. Although these sessions are being arranged for the new supervisors, I would also be pleased to coordinate with the department heads to make similar arrangements for the existing supervisors upon request.
In addition to training by Department Heads on County operations, the plan also details additional online training requirements and upcoming additional out-of-county CSAC training for new supervisors and in preparation for disaster.
I am also requesting an opportunity to review the attached draft Board of Supervisors Protocol 2017. As noted above, this draft includes additional ground rules for Board meetings as well as for interaction with Department Heads and staff. This draft is based on a number of examples from other Counties, on various issues that have arisen here in recent months needing clarification, and all with the intention of furthering our commitment to efficient and effective County government. It should be noted that this first draft Board Protocol is actually more concise than most of the examples reviewed. It is intended that this document would be reviewed and updated this time every year, as needed.
At the request of the outgoing Chair, I have included a section in the Protocol on Board member mileage reimbursement. The outgoing Chair has asked to continue this discussion, which was first initiated during 2016-2017 Budget Hearings. At that time, your Board requested information on Board member mileage claims for the preceding year. That information is attached hereto, along with the applicable section of the Lake County Travel Policy and Ordinance Code. This section of the protocol has been left blank pending direction from your Board.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends that your Board provide direction to staff regarding any amendments or additions, and approve the New Board Member Training 2017 by consensus so that it can commence immediately.
Staff recommends that your Board provide direction to staff regarding any amendments or additions, and approve the Board of Supervisors Protocol 2017 by motion.
Thank you for your consideration.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: January 3, 2017
SUBJECT: Consideration of Plan for New Board Member Training 2017 and Board of Supervisors Protocol 2017
EXECUTIVE SUMMARY:
As your Board is aware, in November, I attended the California State Association of Counties (CSAC) annual conference and training for new supervisors. During the sessions, I learned that many counties provide additional in-house training to new supervisors to assist in the smooth transition of new leadership. I also learned that as a supplement to their County ordinances delineating the basic rules for Board meetings, many Boards also approve a complementary document each year (the titles of which vary from "Board Procedure", "Board Order and Decorum", "Board Protocol") which establishes simple, additional ground rules for meetings, agenda items, interaction with staff, etc.
I am requesting an opportunity to review the attached draft New Board Member Training 2017 with your Board, with the intention of implementing it as soon as possible. This plan not only provides for training by my office and County Counsel, over the course of the coming months, it provides for the new supervisors to meet every department head (both elected and appointed) at their offices, to review mission, goals, mandates, budgets, challenges and to tour facilities and projects, as applicable. I have tentatively scheduled with each Department Head (names in italics are pending confirmation). The intent of this training is to assist each new supervisor in getting off to the best possible start as a decision maker and County leader and although the sessions will go on for some time, County operations are quite expansive and this will be time well spent. Although these sessions are being arranged for the new supervisors, I would also be pleased to coordinate with the department heads to make similar arrangements for the existing supervisors upon request.
In addition to training by Department Heads on County operations, the plan also details additional online training requirements and upcoming additional out-of-county CSAC training for new supervisors and in preparation for disaster.
I am also requesting an opportunity to review the attached draft Board of Supervisors Protocol 2017. As noted above, this draft includes additional ground rules for Board meetings as well as for interaction with Department Heads and staff. This draft is based on a number of examples from other Counties, on various issues that have arisen here in recent months needing clarification, and all with the intention of furthering our commitment to efficient and effective County government. It should be noted that this first draft Board Protocol is actually more concise than most of the examples reviewed. It is intended that this document would be reviewed and updated this time every year, as needed.
At the request of the outgoing Chair, I have included a section in the Protocol on Board member mileage reimbursement. The outgoing Chair has asked to continue this discussion, which was first initiated during 2016-2017 Budget Hearings. At that time, your Board requested information on Board member mileage claims for the preceding year. That information is attached hereto, along with the applicable section of the Lake County Travel Policy and Ordinance Code. This section of the protocol has been left blank pending direction from your Board.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends that your Board provide direction to staff regarding any amendments or additions, and approve the New Board Member Training 2017 by consensus so that it can commence immediately.
Staff recommends that your Board provide direction to staff regarding any amendments or additions, and approve the Board of Supervisors Protocol 2017 by motion.
Thank you for your consideration.
There was Board consensus to move forward with the New Board Member Training 2017, subject to revisions by the Department Head and/or County Administrative Officer.
On motion of Supervisor Steele, and by vote of the Board, approved the Board of Supervisors Protocol 2017. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board.
Chair Smith asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
10. Closed Session
10.1Conference with Labor Negotiator: (a) County Negotiators: A. Grant, S. Harry, C. Huchingson, K. Ferguson and S. Jansen; and (b) Employee Organizations: DDAA, DSA, LCCOA, LCEA and LCSEA
10.2Employee Disciplinary Appeal (EDA-16-04), Pursuant to Gov. Code Sec. 54957
Closed Session Item
10.3Public Employee Evaluations
Title: Special Districts Administrator
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 12:57 p.m. having taken no action.