Board Of Supervisors — Tuesday, July 17, 2018
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1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Consideration of Extra Items Not Appearing on the Posted Agenda
5. Current Construction Projects - Contract Change Orders
6. Approval of the Consent Agenda
6.1Adopt Proclamation designating the week of July 16 - 22, 2018 as Invasive Species Awareness Week in Lake County, CA
Proclamation
passed on consent
Staff memo
EXECUTIVE SUMMARY:
The week of July 16th - July 22nd as is designated as California Invasive Weed Awareness Week. The purpose of this week is to inform the public of noxious, invasive weeds that exist in Lake County.
Our department will be conducting the 15th Annual Weed Tour on July 19th,
9:00 A.M. - 12:00 P.M., at Anderson Marsh State Park in Lower Lake. The tour will be in and around Anderson Marsh State Park, concluding with lunch and beverages. For more information, please contact us at 263-0217.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
Adopt Proclamation Designating the week of July 16th - July 22nd as Invasive Weed Awareness Week in Lake County, CA
Original memo text
..Title
..Body
TO: The Honorable Board of Supervisors
FROM: Steve Hajik, Agricultural Commissioner and Sealer of Weights and Measures
DATE: July 17, 2018
SUBJECT: Adopt Proclamation Designating the week of July 16th - July 22nd as Invasive Weed Awareness Week in Lake County, CA
EXECUTIVE SUMMARY:
The week of July 16th - July 22nd as is designated as California Invasive Weed Awareness Week. The purpose of this week is to inform the public of noxious, invasive weeds that exist in Lake County.
Our department will be conducting the 15th Annual Weed Tour on July 19th,
9:00 A.M. - 12:00 P.M., at Anderson Marsh State Park in Lower Lake. The tour will be in and around Anderson Marsh State Park, concluding with lunch and beverages. For more information, please contact us at 263-0217.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
Adopt Proclamation Designating the week of July 16th - July 22nd as Invasive Weed Awareness Week in Lake County, CA
6.2(a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Lake County Office of Education - Safe Schools Healthy Students Program for School-Based Specialty Mental Health Services for Fiscal Year 2018-19 for a contract maximum of $250,000 and authorize the Board Chair to sign the Agreement.
Action Item
passed on consent
Staff memo
BACKGROUND AND DISCUSSION: Lake County Office of Education - Safe Schools Healthy Students Program provides specialty mental health services at the Highlands Academy in Clearlake. The children enrolled at this Academy have previously not been able to sustain placement in mainstream enrollment in the Konocti Unified School District. This program, through the continued support of Lake County Behavioral Health (LCBH), has helped to decrease rates of truancy and school suspensions, while increasing appropriate behavior while in school, active participation in academia, and improving overall school functioning. Services provided at the Highlands Academy are making a difference in these children and youths lives.
Under the Agreement, Lake County Office of Education as the approved Contractor for Lake County Office of Education - Special Education Local Plan Area (LCOE/SELPA), will provide Medi-Cal Specialty Mental Health Services to Lake County Medi-Cal beneficiaries who have been identified through LCOE/SELPA as eligible to receive services under the Educational Related Mental Health Services (ERMHS) program.
As LCBH has had a successful working relationship with LCOE and LCBH would like to continue this working relationship in order to provide specialty mental health services within the schools, LCBH is requesting to waive the formal bidding process pursuant to Lake County Code Section 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
Contract Amount: $250,000
Amount Budgeted: $900,000
FISCAL IMPACT (Narrative): The total amount budgeted for School-Based Services for Fiscal Year 2018-19 is $900,000 of which LCBH is requesting approval of the Agreement with LCOE for Fiscal Year 2018-19 for a contract maximum of $250,000.
The contract is funded through Medi-Cal reimbursement of the Federal Financial Participation (FFP) percentage (50%) and the Mental Health Services Act (MHSA) under Prevention and Early Intervention.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Lake County Office of Education - Safe Schools Healthy Students Program for School-Based Specialty Mental Health Services for Fiscal Year 2018-19 for a contract maximum of $250,000 and authorize the Board Chair to sign the Agreement.
Original memo text
.Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Todd Metcalf
Behavioral Health Administrator
DATE: July 17, 2018
SUBJECT: (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Lake County Office of Education - Safe Schools Healthy Students Program for School-Based Specialty Mental Health Services for Fiscal Year 2018-19 for a contract maximum of $250,000 and authorize the Board Chair to sign the Agreement.
EXECUTIVE SUMMARY: Attached, for your approval, is the Agreement between the County of Lake and Lake County Office of Education - Safe Schools Healthy Students Program for School-Based Specialty Mental Health Services for Fiscal Year 2018-19.
BACKGROUND AND DISCUSSION: Lake County Office of Education - Safe Schools Healthy Students Program provides specialty mental health services at the Highlands Academy in Clearlake. The children enrolled at this Academy have previously not been able to sustain placement in mainstream enrollment in the Konocti Unified School District. This program, through the continued support of Lake County Behavioral Health (LCBH), has helped to decrease rates of truancy and school suspensions, while increasing appropriate behavior while in school, active participation in academia, and improving overall school functioning. Services provided at the Highlands Academy are making a difference in these children and youths lives.
Under the Agreement, Lake County Office of Education as the approved Contractor for Lake County Office of Education - Special Education Local Plan Area (LCOE/SELPA), will provide Medi-Cal Specialty Mental Health Services to Lake County Medi-Cal beneficiaries who have been identified through LCOE/SELPA as eligible to receive services under the Educational Related Mental Health Services (ERMHS) program.
As LCBH has had a successful working relationship with LCOE and LCBH would like to continue this working relationship in order to provide specialty mental health services within the schools, LCBH is requesting to waive the formal bidding process pursuant to Lake County Code Section 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
Contract Amount: $250,000
Amount Budgeted: $900,000
FISCAL IMPACT (Narrative): The total amount budgeted for School-Based Services for Fiscal Year 2018-19 is $900,000 of which LCBH is requesting approval of the Agreement with LCOE for Fiscal Year 2018-19 for a contract maximum of $250,000.
The contract is funded through Medi-Cal reimbursement of the Federal Financial Participation (FFP) percentage (50%) and the Mental Health Services Act (MHSA) under Prevention and Early Intervention.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Lake County Office of Education - Safe Schools Healthy Students Program for School-Based Specialty Mental Health Services for Fiscal Year 2018-19 for a contract maximum of $250,000 and authorize the Board Chair to sign the Agreement.
6.3Approve Second Amendment to Agreement between the County of Lake and CALSERVE, Inc. for Service of Process for the period from July 1, 2018 through June 30, 2019 for an amount not to exceed $25,000, and authorize the Chair to sign
Agreement
passed on consent
Staff memo
FISCAL IMPACT: __ None X Budgeted __Non-Budgeted
Amount Budgeted: $25,000
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Approve Second Amendment to Agreement between the County of Lake and CALSERVE, Inc. for Service of Process for the period from July 1, 2018 through June 30, 2019 for an amount not to exceed $25,000, and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Gail Woodworth, Child Support Services Director
DATE: July 17, 2018
SUBJECT: Approve Second Amendment to Agreement between the County of Lake and CALSERVE, Inc. for Service of Process for the period from July 1, 2018 through June 30, 2019 for an amount not to exceed $25,000, and authorize the Chair to sign
EXECUTIVE SUMMARY:
The Department requests to amend the current contract for an additional year of July 1, 2018 through June 30, 2019. In the prior requests for bids, CALSERVE has been the only company to respond. This company is used for our out of county and out of state service of process. The State is currently working on a contract for service of process for all counties which would then eliminate the need for each county to have an individual contract. Our contract has a 30 day termination clause. Therefore we request the Board approve the Second Amendment to our current Agreement between the County of Lake and CALSERVE, Inc. for Professional Process Services for the period from July1, 2018 through June 30, 2019 for an amount not to exceed $25,000; and authorize the Chair to Sign.
FISCAL IMPACT: __ None X Budgeted __Non-Budgeted
Estimated Cost: $25,000
Amount Budgeted: $25,000
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Approve Second Amendment to Agreement between the County of Lake and CALSERVE, Inc. for Service of Process for the period from July 1, 2018 through June 30, 2019 for an amount not to exceed $25,000, and authorize the Chair to sign.
6.4Adopt Resolution Establishing an In-Lieu Reimbursement Method for the Lake County Juvenile Justice Commission Pursuant to Welfare and Institutions Code Section 231 and Confirming the Designation of the Juvenile Justice Commission to Serve as the Lake County Delinquency Prevention Commission
Resolution
pulled on consent
Adopted — Pass
Staff memo
Welfare and Institutions Code section 231 provides that members of a juvenile justice commission must be reimbursed by the county of appointment for their actual and necessary expenses incurred in the performance of their duties. However, a county board of supervisors may provide instead that each member of the commission be paid a maximum of twenty-five dollars ($25) per meeting, not to exceed two meetings per month.
Attached here for your Board's review and consideration is a draft resolution whereby that in-lieu-reimbursement method of twenty-five dollars ($25.00) per meeting would be implemented. The Juvenile Justice Commission requests that reimbursement using this method be made retroactive to January 1, 2018. The Commission has received no reimbursement during that time.
The Probation Department supports the request of the Commission and is able to fund said reimbursement. The attached resolution will effect that reimbursement according to the above described terms.
Additionally, many years ago, the Board of Supervisors adopted an ordinance whereby you created a Delinquency Prevention Commission and designated the Juvenile Justice Commission to serve in that capacity. The creation and continuation of a Delinquency Prevention Commission is not required under the law; it is permissive. If your Board finds that the Delinquency Prevention Commission should continue as earlier determined, you may confirm that determination in the attached resolution.
If the resolution meets with your approval, it may be offered for passage. Thank you.
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution Establishing an In-Lieu Reimbursement Method for the Lake County Juvenile Justice Commission Pursuant to Welfare and Institutions Code Section 231 and Confirming the Designation of the Juvenile Justice Commission to Serve as the Lake County Delinquency Prevention Commission
Original memo text
..Title
..Body
MEMORANDUM
TO: HONORABLE BOARD OF SUPERVISORS
FROM: ANITA L. GRANT, County Counsel
DATE: July 17, 2018
SUBJECT: Adopt Resolution Establishing an In-Lieu Reimbursement Method for the Lake County Juvenile Justice Commission Pursuant to Welfare and Institutions Code Section 231 and Confirming the Designation of the Juvenile Justice Commission to Serve as the Lake County Delinquency Prevention Commission
EXECUTIVE SUMMARY:
Welfare and Institutions Code section 231 provides that members of a juvenile justice commission must be reimbursed by the county of appointment for their actual and necessary expenses incurred in the performance of their duties. However, a county board of supervisors may provide instead that each member of the commission be paid a maximum of twenty-five dollars ($25) per meeting, not to exceed two meetings per month.
Attached here for your Board's review and consideration is a draft resolution whereby that in-lieu-reimbursement method of twenty-five dollars ($25.00) per meeting would be implemented. The Juvenile Justice Commission requests that reimbursement using this method be made retroactive to January 1, 2018. The Commission has received no reimbursement during that time.
The Probation Department supports the request of the Commission and is able to fund said reimbursement. The attached resolution will effect that reimbursement according to the above described terms.
Additionally, many years ago, the Board of Supervisors adopted an ordinance whereby you created a Delinquency Prevention Commission and designated the Juvenile Justice Commission to serve in that capacity. The creation and continuation of a Delinquency Prevention Commission is not required under the law; it is permissive. If your Board finds that the Delinquency Prevention Commission should continue as earlier determined, you may confirm that determination in the attached resolution.
If the resolution meets with your approval, it may be offered for passage. Thank you.
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution Establishing an In-Lieu Reimbursement Method for the Lake County Juvenile Justice Commission Pursuant to Welfare and Institutions Code Section 231 and Confirming the Designation of the Juvenile Justice Commission to Serve as the Lake County Delinquency Prevention Commission
Supervisor Brown offered the resolution and it was passed by rollcall vote:
Clerk’s notes: Chair Steele presented the item to the Board.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.5(a) Adopt Resolution Accepting Official Canvass of the Statewide Direct Primary Election held on June 5, 2018; Declaring Certain County Officials Duly Elected; Declaring Certain County Officials Duly Elected; and Declaring the Results of the County Measure Under the Board’s Jurisdiction; and (b) Accept the Elections Officials Certification of the official canvass of the election results with the Statement of Vote as well as the certification of results of write-in votes cast for qualified candidates Election prepared by the Registrar of Voters office
Resolution
passed on consent
approved — Pass
Carried 5-0 — moved by Simon (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
The attached resolution titled "Resolution Accepting Official Canvass of the Statewide Direct Primary Election held on June 5, 2018; Declaring Certain County Officials Duly Elected; and Declaring the Results of the County Measure Under the Board's Jurisdiction"; and the elections officials certification of the official canvass of the election results with the Statement of Vote as well as the certification of results of write-in votes cast for qualified candidates that I have attached are being submitted for your Board's approval pursuant to Section 15372 of the California Elections Code.
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:
(a) Adopt Resolution Accepting Official Canvass of the Statewide Direct Primary Election held on June 5, 2018; Declaring Certain County Officials Duly Elected; Declaring Certain County Officials Duly Elected; and Declaring the Results of the County Measure Under the Board's Jurisdiction; and
(b) Accept the Elections Officials Certification of the official canvass of the election results with the Statement of Vote as well as the certification of results of write-in votes cast for qualified candidates Election prepared by the Registrar of Voters office
Original memo text
..Title
..Body
MEMORANDUM
TO: LAKE COUNTY BOARD OF SUPERVISORS
FROM: Diane C. Fridley, Registrar of Voters
DATE: July 17, 2018
SUBJECT: (a) Adopt Resolution Accepting Official Canvass of the Statewide Direct Primary Election held on June 5, 2018; Declaring Certain County Officials Duly Elected; Declaring Certain County Officials Duly Elected; and Declaring the Results of the County Measure Under the Board's Jurisdiction; and (b) Accept the Elections Officials Certification of the official canvass of the election results with the Statement of Vote as well as the certification of results of write-in votes cast for qualified candidates Election prepared by the Registrar of Voters office
EXECUTIVE SUMMARY:
The attached resolution titled "Resolution Accepting Official Canvass of the Statewide Direct Primary Election held on June 5, 2018; Declaring Certain County Officials Duly Elected; and Declaring the Results of the County Measure Under the Board's Jurisdiction"; and the elections officials certification of the official canvass of the election results with the Statement of Vote as well as the certification of results of write-in votes cast for qualified candidates that I have attached are being submitted for your Board's approval pursuant to Section 15372 of the California Elections Code.
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:
(a) Adopt Resolution Accepting Official Canvass of the Statewide Direct Primary Election held on June 5, 2018; Declaring Certain County Officials Duly Elected; Declaring Certain County Officials Duly Elected; and Declaring the Results of the County Measure Under the Board's Jurisdiction; and
(b) Accept the Elections Officials Certification of the official canvass of the election results with the Statement of Vote as well as the certification of results of write-in votes cast for qualified candidates Election prepared by the Registrar of Voters office
On motion of Supervisor Simon, and by vote of the Board, approved Consent Agenda items 6.1 through 6.5, with the exception of item 6.4, which was pulled due to a conflict. The motion carried by the following vote:
7. Timed Items
7.19:05 A.M. - Public Input
Clerk’s notes: There was no public input.
7.39:30 A.M. PUBLIC HEARING - (Sitting concurrently as Clearlake Keys CSA#1, #3,#6,#7,#13, #16, #18, #20, #21, #22, Kelseyville County Waterworks District #3 and Lake County Sanitation District, Board of Directors) - Consideration of (a) Resolution Confirming Collections of Annual Lighting Fees; (b) Resolution Confirming Collections of Delinquent Water Fees; (c) Resolution Confirming Collections of Delinquent Water and Sewer Fees; and (d) Resolution of Delinquent Sewer Fees for Lake County Sanitation District.
Public Hearing
Adopted
Carried 5-0 — moved by Smith
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
(a) Supervisor Smith offered the Resolution and it was passed by roll call vote:
Ayes: Supervisors Simon, Smith, Scott, Brown and Steele
(b) Supervisor Smith offered the Resolution and it was passed by roll call vote:
Ayes: Supervisors Simon, Smith, Scott, Brown and Steele
(c) Supervisor Smith offered the Resolution and it was passed by roll call vote:
Ayes: Supervisors Simon, Smith, Scott, Brown and Steele
(d) Supervisor Smith offered the Resolution and it was passed by roll call vote:
Ayes: Supervisors Simon, Smith, Scott, Brown and Steele
On motion of Supervisor Smith, and by vote of the Board, approved to reopen the hearing for public comment. The motion carried by the following vote:
Ayes: Supervisors Simon, Smith, Scott, Brown and Steele
Clerk’s notes: Special Districts Administrator Jan Coppinger introduced the item. Deputy Administrator Dan Janakes presented the item to the Board. Accountant Jesus Salmeron was also present.
Chair Steele opened the public hearing and asked if anyone present wished to speak. No one wished to speak and the public hearing was closed.
A motion to reopen the public hearing was approved. Lake County Sanitation District customer Dan Mattingly protested his $800 bill. Administrator Jan Coppinger spoke regarding the past due sewer bill for Mr. Mattingly. A payment plan was put into place last year that would prevent the amount due being placed on his tax bill. Mr. Mattingly made only one payment on the payment plan and now additonal fees are due. The $800 will be placed on his tax bill.
8. Non-Timed Items
8.1Supervisors’ weekly calendar, travel and reports
8.2Consideration of Letter to the City of Lakeport in support of a ballot measure, for the November 2018 election, banning the sale of fireworks
Letter
approved — Pass
Carried 4-1 — moved by Brown (recovered from the archived minutes)
Brown: aye Scott: nay Simon: aye Smith: aye Steele: aye
Brown: aye Scott: nay Simon: aye Smith: aye Steele: aye
Staff memo
In light of the pending discussion that the Lakeport City Council is planning for July 17, 2018 regarding a ballot measure banning the sale of fireworks, I am asking that we have an item on our agenda for the same day.
I will be asking our Board to take a position in support of a ban as the sale of fireworks has clearly benefited our local schools and other non-profits, but the risks far outweigh the benefit. Having lost thousands of homes due to wildfire in the last 3 years and thousands more of our citizens being displaced as a result of the same fires, I think it incumbent upon us to do everything we can to prevent this devastation from reoccurring.
FISCAL IMPACT: __ 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:
Approve Letter to the City of Lakeport in support of a ballot measure, for the November 2018 election, banning the sale of fireworks and direct staff to provide said letter to city officials prior to their July 17, 2018, 6:00 p.m. meeting.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Rob Brown, 5th District Supervisor
DATE: July 17, 2018
SUBJECT: Consideration of Letter to the City of Lakeport in support of a ballot measure, for the November 2018 election, banning the sale of fireworks
EXECUTIVE SUMMARY:
In light of the pending discussion that the Lakeport City Council is planning for July 17, 2018 regarding a ballot measure banning the sale of fireworks, I am asking that we have an item on our agenda for the same day.
I will be asking our Board to take a position in support of a ban as the sale of fireworks has clearly benefited our local schools and other non-profits, but the risks far outweigh the benefit. Having lost thousands of homes due to wildfire in the last 3 years and thousands more of our citizens being displaced as a result of the same fires, I think it incumbent upon us to do everything we can to prevent this devastation from reoccurring.
FISCAL IMPACT: __ 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 Letter to the City of Lakeport in support of a ballot measure, for the November 2018 election, banning the sale of fireworks and direct staff to provide said letter to city officials prior to their July 17, 2018, 6:00 p.m. meeting.
On motion of Supervisor Brown, and by vote of the Board, approved the letter to the City of Lakeport in support of a ballot measure, for the November 2018 election, banning the sale of fireworks. The motion carried by the following vote:
Clerk’s notes: Supervisor Brown presented the item to the Board.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.3Consideration of Advisory Board Appointments
Lake County Resource Conservation District
Appointment
approved
Carried 5-0 — moved by Simon
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 Simon
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 Simon
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
Lake County Resource Conservation District: 3 vacancies - two (2) Member-at-Large and one (1) Supervisorial District 4
4 Applications received: Victoria Brandon - Member-at-Large
James Bridges - Member-at-Large
Merry Jo Velasquez - District 4
Gregory B. Herrington Sr. - District 4
..Recommended Action
RECOMMENDED ACTION:
Appointment of qualified advisory board members.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carolyn Purdy, Asst. Clerk of the Board
DATE: July 17, 2018
SUBJECT: Consideration of Advisory Board Appointments
EXECUTIVE SUMMARY:
Lake County Resource Conservation District: 3 vacancies - two (2) Member-at-Large and one (1) Supervisorial District 4
4 Applications received: Victoria Brandon - Member-at-Large
James Bridges - Member-at-Large
Merry Jo Velasquez - District 4
Gregory B. Herrington Sr. - District 4
..Recommended Action
RECOMMENDED ACTION:
Appointment of qualified advisory board members.
On motion of Supervisor Simon, and by vote of the Board, appointed Victoria Brandon to the Lake County Resource Conservation District. The motion carried by the following vote:
Ayes: Supervisors Simon, Smith, Scott, Brown and Steele
On motion of Supervisor Simon, and by vote of the Board, appointed James Bridges to the Lake County Resource Conservation District. The motion carried by the following vote:
Ayes: Supervisors Simon, Smith, Scott, Brown and Steele
On motion of Supervisor Simon, and by vote of the Board, appointed Merry Jo Velasquez to the Lake County Resource Conservation District. The motion carried by the following vote:
Ayes: Supervisors Simon, Smith, Scott, Brown and Steele
Clerk’s notes: Chair Steele presented the item to the Board.
Chair Steele asked if anyone present wished to speak and Victoria Brandon spoke. No one else wished to speak and the public input portion of this item was closed.
8.4(Continued from July 10, 2018) Discussion and Consideration of a County Ordinance Adding Article VII to Chapter 18 of the Lake County Code Establishing a Cannabis Business Tax
Ordinance
approved as amended — Pass
Carried 3-2 — moved by Scott (recovered from the archived minutes)
Brown: nay Scott: aye Simon: aye Smith: aye Steele: nay
Brown: nay Scott: aye Simon: aye Smith: aye Steele: nay
Staff memo
Attached here for your Board's review and consideration is a draft of an ordinance which would establish a cannabis business tax. It was the direction of your Board that such a draft be presented on July 10, 2018.
The purpose of this ordinance is to achieve the expressed intent of your Board to adopt a tax, for revenue purposes, upon cannabis businesses that engage in business in the unincorporated area of the County of Lake. Such business includes but is not limited to, cultivating, dispensing, producing, processing, preparing, storing, providing, donating, selling, or distributing medical cannabis or medical cannabis products by commercial cannabis businesses.
The draft ordinance proposes the creation of the position of Tax Administrator who would be responsible for the development of an administrative program to ensure the collection of the tax. (See Ordinance, sec. 18-64 (Z), p. 7.) Your Board has previously expressed support for the creation of such a position. Today, your Board may wish to give some consideration to the operational manner in which you wish the Tax Administrator to interface with the Treasurer-Tax Collector in the collection process.
The proposed tax rates to be imposed and the specific cannabis businesses upon which those rates are to be imposed are described in section 18-65, appearing on pages 7 - 9 of the draft ordinance.
This draft is presented on this date to receive direction as to any additions, and/or changes to be made to this draft.
Thank you.
..Recommended Action
RECOMMENDED ACTION: Direction to staff regarding proposed County Ordinance Adding Article VII to Chapter 18 of the Lake County Code Establishing a Cannabis Business Tax. If the Board has no further amendments, staff recommends approval of the first reading of the ordinance and its advancement to the next available meeting.
Original memo text
..Title
..Body
MEMORANDUM
TO: HONORABLE BOARD OF SUPERVISORS
FROM: ANITA L. GRANT, County Counsel
DATE: July 17, 2018
SUBJECT: (Continued from July 10, 2018) Discussion and Consideration of a County Ordinance Adding Article VII to Chapter 18 of the Lake County Code Establishing a Cannabis Business Tax
EXECUTIVE SUMMARY:
Attached here for your Board's review and consideration is a draft of an ordinance which would establish a cannabis business tax. It was the direction of your Board that such a draft be presented on July 10, 2018.
The purpose of this ordinance is to achieve the expressed intent of your Board to adopt a tax, for revenue purposes, upon cannabis businesses that engage in business in the unincorporated area of the County of Lake. Such business includes but is not limited to, cultivating, dispensing, producing, processing, preparing, storing, providing, donating, selling, or distributing medical cannabis or medical cannabis products by commercial cannabis businesses.
The draft ordinance proposes the creation of the position of Tax Administrator who would be responsible for the development of an administrative program to ensure the collection of the tax. (See Ordinance, sec. 18-64 (Z), p. 7.) Your Board has previously expressed support for the creation of such a position. Today, your Board may wish to give some consideration to the operational manner in which you wish the Tax Administrator to interface with the Treasurer-Tax Collector in the collection process.
The proposed tax rates to be imposed and the specific cannabis businesses upon which those rates are to be imposed are described in section 18-65, appearing on pages 7 - 9 of the draft ordinance.
This draft is presented on this date to receive direction as to any additions, and/or changes to be made to this draft.
Thank you.
..Recommended Action
RECOMMENDED ACTION: Direction to staff regarding proposed County Ordinance Adding Article VII to Chapter 18 of the Lake County Code Establishing a Cannabis Business Tax. If the Board has no further amendments, staff recommends approval of the first reading of the ordinance and its advancement to the next available meeting.
On motion of Supervisor Scott, and by vote of the Board, approved the ordinance as amended, which would remove cultivation and include all other commercial cannabis business and return to the Board on July 24, 2018 for the first reading. The motion carried by the following vote:
Clerk’s notes: County Counsel Anita Grant presented the item to the Board. County Administrative Officer Carol Huchingson spoke. Registrar of Voters Diane Fridley and Community Development Director Michalyn DelValle were present.
Chair Steele asked if anyone present wished to speak and the following people spoke: Robert Adelman, Michael Dogwin, Mike Mitzel, Craig Shell, Bobby Dutcher, Bob Scalla, Michael Green, Cliff Ruzika, Lance Williams and Tony Perkins. No one else wished to speak and the public input portion of this item was closed.
8.5Discussion and Consideration of a Draft Ordinance Effecting Administrative Fines for Violations of Lake County Code Relating to Adult-Use Cannabis Operations
Ordinance
continued
Staff memo
Attached here is a draft of a possible ordinance to effect the imposition of certain administrative fines for violations of provisions of the Lake County Code related to adult-use cannabis operations.
This draft provides the opportunity for your Board to provide more specific direction to staff once you have considered the framework provided here.
There are certain limitations to local government's authority to exact fines and penalties and I am happy to review those limitations with your Board at the time you consider this item.
Thank you.
..Recommended Action
RECOMMENDED ACTION: Direction to staff.
Original memo text
..Title
..Body
MEMORANDUM
TO: HONORABLE BOARD OF SUPERVISORS
FROM: ANITA L. GRANT, County Counsel
DATE: July 17, 2018
SUBJECT: Discussion and Consideration of a Draft Ordinance Effecting Administrative Fines for Violations of Lake County Code Relating to Adult-Use Cannabis Operations
EXECUTIVE SUMMARY:
Attached here is a draft of a possible ordinance to effect the imposition of certain administrative fines for violations of provisions of the Lake County Code related to adult-use cannabis operations.
This draft provides the opportunity for your Board to provide more specific direction to staff once you have considered the framework provided here.
There are certain limitations to local government's authority to exact fines and penalties and I am happy to review those limitations with your Board at the time you consider this item.
Thank you.
..Recommended Action
RECOMMENDED ACTION: Direction to staff.
The Board gave direction to staff to revise the ordinance as discussed and return to the Board for a first reading.
Clerk’s notes: County Counsel Anita Grant presented the item to the Board.
Chair Steele asked if anyone present wished to speak and the following people spoke: Tony Perkins, Michael Green and Robert Adelman. No one else wished to speak and the public input portion of this item was closed.
8.6Consideration of Amendment to Agreement between the County of Lake and Clean Lakes, Inc. to Treat Nuisance Aquatic Vegetation in 2018 and 2019 for a total not to exceed $397,000 and authorize the Chair to sign
Agreement
approved — Pass
Carried 5-0 — moved by Smith (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
For the last seven years, the Board of Supervisors has set aside funding to abate nuisance aquatic vegetation in Clear Lake. The program is funded by income from geothermal energy.
On May 23, 2017 your Board approved a three-year agreement between the County of Lake and Clean Lakes, Inc. to control vegetation in designated boating lanes and shorelines in Clear Lake. However, the agreement allocated funding only for 2017. The new agreement allocates funding for the remainder of the contract period with no more than $397,000 to be expended in 2018 and 2019, based on projected geothermal income.
Funds will be used to treat approximately 260 acres or 0.01% of the lakes total surface area. Treatment areas are selected based on several conditions, including: density of nuisance plants, recreational uses, shoreline dwelling density, business interests and shoreline habitat. Clean Lakes Inc. utilizes GPS-based hydro acoustic mapping to ensure accuracy of application location, rate, and to measure efficacy before and after treatment. Water Resources staff works closely with Clean Lakes Inc. to evaluate performance, efficacy of treatment and compliance with the County's Aquatic Pesticide NPDES permit and County's own permitting program, and monitoring requirements.
FISCAL IMPACT: __ None _X_ Budgeted __Non-Budgeted
Amount Budgeted: $397,000
Additional Requested: None
Annual Cost (if planned for future years): $206,000 in 2018 and $191,000 in 2019
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION: Staff recommends approval of Amendment to Agreement between the County of Lake and Clean Lakes, Inc. to Treat Nuisance Aquatic Vegetation in 2018 and 2019 for a total not to exceed $397,000 and authorize the Chair to Sign
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: David Cowan, Water Resources Director
DATE: July 17, 2018
SUBJECT: Consideration of Amendment to an Agreement between the County of Lake and Clean Lakes, Inc. to Treat Nuisance Aquatic Vegetation in 2018 and 2019 for a total not to exceed $397,000 and authorize the Chair to Sign
EXECUTIVE SUMMARY:
For the last seven years, the Board of Supervisors has set aside funding to abate nuisance aquatic vegetation in Clear Lake. The program is funded by income from geothermal energy.
On May 23, 2017 your Board approved a three-year agreement between the County of Lake and Clean Lakes, Inc. to control vegetation in designated boating lanes and shorelines in Clear Lake. However, the agreement allocated funding only for 2017. The new agreement allocates funding for the remainder of the contract period with no more than $397,000 to be expended in 2018 and 2019, based on projected geothermal income.
Funds will be used to treat approximately 260 acres or 0.01% of the lakes total surface area. Treatment areas are selected based on several conditions, including: density of nuisance plants, recreational uses, shoreline dwelling density, business interests and shoreline habitat. Clean Lakes Inc. utilizes GPS-based hydro acoustic mapping to ensure accuracy of application location, rate, and to measure efficacy before and after treatment. Water Resources staff works closely with Clean Lakes Inc. to evaluate performance, efficacy of treatment and compliance with the County's Aquatic Pesticide NPDES permit and County's own permitting program, and monitoring requirements.
FISCAL IMPACT: __ None _X_ Budgeted __Non-Budgeted
Estimated Cost: $462,085
Amount Budgeted: $397,000
Additional Requested: None
Annual Cost (if planned for future years): $206,000 in 2018 and $191,000 in 2019
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION: Staff recommends approval of Amendment to Agreement between the County of Lake and Clean Lakes, Inc. to Treat Nuisance Aquatic Vegetation in 2018 and 2019 for a total not to exceed $397,000 and authorize the Chair to Sign
On motion of Supervisor Smith, and by vote of the Board, approved the amendment to the agreement between the County of Lake and Clean Lakes, Inc. to Treat Nuisance Aquatic Vegetation in 2018 and 2019 for a total not to exceed $397,000 and authorized the Chair to sign. The motion carried by the following vote:
Clerk’s notes: Water Resources Director David Cowan presented the item to the Board.
Chair Steele asked if anyone present wished to speak and Tony Perkins spoke. No one else wished to speak and the public input portion of this item was closed.
9. Closed Session
9.1Public Employee Evaluations
Title: Special Districts Administrator
Closed Session Item
9.2Conference with Legal Counsel: Existing Litigation Pursuant to Gov. Code sec. 54956.9(d)(1): LCCOA v. County of Lake, et al.
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 12:57 p.m. having taken no action.