Board Of Supervisors — Tuesday, August 14, 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 Resolution Transferring the Current Balance in the Other Post-Employment Benefits Fund (645) to the Recently Authorized Section 115 Post-Employment Benefits Trust and Authorizing Initial Investment Portfolio Option
Resolution
passed on consent
Staff memo
In order to begin addressing escalating pension costs and the challenge of ensuring that pensions are sufficiently funded, your Board recently supported the pre-funding of pension obligations by authorizing the transfer of $3 million from the Pension Stabilization Reserve to an irrevocable trust which is commonly known as "Section 115" Trust. The primary advantage of placing funds into such a Trust rather than holding them in a County fund is that in a well-managed Trust has the potential of yielding a much higher rate of return than those funds held in the County's treasury investment pool or funds held by CalPERS.
In addition to addressing rising pension costs, the Governmental Accounting Standards Board recommends that public agencies also set aside funding to support the projected cost of what is commonly referred to as "Other Post-Employment Benefits" (OPEB). The reference pertains to benefits other than standard retirement pension benefits. In Lake County, OPEB currently applies to retiree health benefits.
In recognition that these retiree health benefits may require an increasing share of County resources in years to come, in FY 2010-11 your Board directed all county departments to set aside OPEB funding. Since then, this funding has earned interest at the County treasury pool rate which has averaged less than 3/4 of 1 percent. Those OPEB contributions, with interest, now total approximately $2 million.
As with the recent transfer of pension monies referenced above, the transfer of the OPEB funding to a well-managed irrevocable trust holds the potential of yielding a much higher rate of return than those funds held in the County's treasury investment pool.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years): None
FISCAL IMPACT (Narrative):
Use of the recently adopted Section 115 will help the County begin addressing its long-term OPEB obligations. Subsequent contributions can be funded in several ways including annually earmarking a portion of one-time monies from fund balance carryover (General Fund) and/or charging departmental budgets an additional surcharge. Whatever option is utilized will impact the amount of funding remaining available for other needs.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
It is recommended that you're Board take the following actions:
Adopt Resolution Transferring the Current Balance Other Post-Employment Benefits Fund (645) to the Recently Authorized Section 115 Post-Employment Benefits Trust and Authorizing Initial Investment Portfolio Option.
ATTACHMENTS:
� Attachment A - Summary of Section 115 Trust Benefits
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: August 14, 2018
SUBJECT: Adopt Resolution Transferring the Current Balance in the Other Post-Employment Benefits Fund (645) to the Recently Authorized Section 115 Post-Employment Benefits Trust and Authorizing Initial Investment Portfolio Option
EXECUTIVE SUMMARY:
In order to begin addressing escalating pension costs and the challenge of ensuring that pensions are sufficiently funded, your Board recently supported the pre-funding of pension obligations by authorizing the transfer of $3 million from the Pension Stabilization Reserve to an irrevocable trust which is commonly known as "Section 115" Trust. The primary advantage of placing funds into such a Trust rather than holding them in a County fund is that in a well-managed Trust has the potential of yielding a much higher rate of return than those funds held in the County's treasury investment pool or funds held by CalPERS.
In addition to addressing rising pension costs, the Governmental Accounting Standards Board recommends that public agencies also set aside funding to support the projected cost of what is commonly referred to as "Other Post-Employment Benefits" (OPEB). The reference pertains to benefits other than standard retirement pension benefits. In Lake County, OPEB currently applies to retiree health benefits.
In recognition that these retiree health benefits may require an increasing share of County resources in years to come, in FY 2010-11 your Board directed all county departments to set aside OPEB funding. Since then, this funding has earned interest at the County treasury pool rate which has averaged less than 3/4 of 1 percent. Those OPEB contributions, with interest, now total approximately $2 million.
As with the recent transfer of pension monies referenced above, the transfer of the OPEB funding to a well-managed irrevocable trust holds the potential of yielding a much higher rate of return than those funds held in the County's treasury investment pool.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years): None
FISCAL IMPACT (Narrative):
Use of the recently adopted Section 115 will help the County begin addressing its long-term OPEB obligations. Subsequent contributions can be funded in several ways including annually earmarking a portion of one-time monies from fund balance carryover (General Fund) and/or charging departmental budgets an additional surcharge. Whatever option is utilized will impact the amount of funding remaining available for other needs.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
It is recommended that you're Board take the following actions:
Adopt Resolution Transferring the Current Balance Other Post-Employment Benefits Fund (645) to the Recently Authorized Section 115 Post-Employment Benefits Trust and Authorizing Initial Investment Portfolio Option.
ATTACHMENTS:
� Attachment A - Summary of Section 115 Trust Benefits
6.2Approve Contract between the County of Lake and Debra Sally, DVM for Veterinarian Services in the amount not to exceed $25,000 annually for the 18/19 Fiscal Year, and authorize the Chair to sign
Agreement
passed on consent
Staff memo
The Animal Care and Control Department has made two attempts via a Request for Proposal (RFP) to hire a new Veterinarian and RVT. Unfortunately, both times have resulted in no interest.
We do have a couple of vets, Dr. Sally being one of them, who are willing to provide one day a week of service. In light of this information, we have modified the contract to include an hourly rate so as to accommodate this change.
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 Contract between the County of Lake and Debra Sally, DVM for Veterinarian Services in the amount not to exceed $25,000 annually for the 18/19 Fiscal Year, and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: William Davidson, Animal Care and Control Director
DATE: August 14, 2018
SUBJECT: Approve Contract between the County of Lake and Debra Sally, DVM for Veterinarian Services in the amount not to exceed $25,000 annually for the 18/19 Fiscal Year, and authorize the Chair to sign
EXECUTIVE SUMMARY:
The Animal Care and Control Department has made two attempts via a Request for Proposal (RFP) to hire a new Veterinarian and RVT. Unfortunately, both times have resulted in no interest.
We do have a couple of vets, Dr. Sally being one of them, who are willing to provide one day a week of service. In light of this information, we have modified the contract to include an hourly rate so as to accommodate this change.
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 Contract between the County of Lake and Debra Sally, DVM for Veterinarian Services in the amount not to exceed $25,000 annually for the 18/19 Fiscal Year, and authorize the Chair to sign.
6.3Adopt Resolution Amending Resolution No. 2018-73 Establishing Position Allocations for Fiscal year 201-2019, Budget Unit No. 1123, Assessor
Resolution
passed on consent
Staff memo
This request is to adopt a resolution to change the position allocation schedule note stating "1 unfunded". This note was made in error, as the position is funded and the note needs to be removed to allow for hiring of the position. I appreciate your time and attention to this request.
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:
Adopt Resolution Amending Resolution No. 2018-73 Establishing Position Allocations for Fiscal year 201-2019, Budget Unit No. 1123, Assessor
Original memo text
..Title
..Body
MEMORANDUM
TO: Honorable Board of Supervisors
FROM: Richard A. Ford, Assessor-Recorder
DATE: August 14, 2108
SUBJECT: Adopt Resolution Amending Resolution No. 2018-73 Establishing Position Allocations for Fiscal year 201-2019, Budget Unit No. 1123, Assessor
EXECUTIVE SUMMARY:
This request is to adopt a resolution to change the position allocation schedule note stating "1 unfunded". This note was made in error, as the position is funded and the note needs to be removed to allow for hiring of the position. I appreciate your time and attention to this request.
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:
Adopt Resolution Amending Resolution No. 2018-73 Establishing Position Allocations for Fiscal year 201-2019, Budget Unit No. 1123, Assessor
6.4Adopt the Resolution approving the Mental Health Services Act Three-Year Program and Expenditure Plan for Fiscal Year 2017-2018 through Fiscal Year 2019-2020
Resolution
passed on consent
Staff memo
FISCAL IMPACT (Narrative): The total amount budgeted for the MHSA Three-Year Program and Expenditure Plan for Fiscal Year 2017-2018 through Fiscal Year 2019-2020 is $13,950,828.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Adopt the Resolution Approving the Mental Health Services Act (MHSA) Three-Year Program and Expenditure Plan for Fiscal Year 2017-2018 through Fiscal Year 2019-2020.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Todd Metcalf
Behavioral Health Administrator
DATE: August 14, 2018
SUBJECT: Adopt the Resolution Approving the Mental Health Services Act (MHSA) Three-Year Program and Expenditure Plan for Fiscal Year 2017-2018 through Fiscal Year 2019-2020
EXECUTIVE SUMMARY: Attached, for your review and adoption is the MHSA Three-Year Program and Expenditure Plan for Fiscal Year 2017-2018 through Fiscal Year 2019-2020.
BACKGROUND AND DISCUSSION: The Mental Health Services Act enables the Department of Health Care Services to provide increased funding, personnel and other resources to support county mental health programs and monitor progress toward statewide goals for children, transitional age youth, adults, older adults, and families. The Act addresses a broad continuum of prevention, early intervention and service needs and the necessary infrastructure, technology and training elements that will effectively support this system.
This Act imposes a 1% income tax on personal income in excess of $1 million. Much of the funding will be provided to county mental health programs to fund programs consistent with their local plans.
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Fiscal Year 2017-18: $ 5,252,655
Fiscal Year 2018-19: $ 4,826,301
Fiscal Year 2019-20: $ 3,871,872
Three Year Total: $13,950,828
FISCAL IMPACT (Narrative): The total amount budgeted for the MHSA Three-Year Program and Expenditure Plan for Fiscal Year 2017-2018 through Fiscal Year 2019-2020 is $13,950,828.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Adopt the Resolution Approving the Mental Health Services Act (MHSA) Three-Year Program and Expenditure Plan for Fiscal Year 2017-2018 through Fiscal Year 2019-2020.
6.5Approve Agreement between the County of Lake and Cal Engineering & Geology, Inc. for Engineering Services for Repair of Socrates Mine Road Landslides, Lake County, CA in the amount not to exceed $232,297.02; and authorize the Chair to sign
Agreement
passed on consent
Staff memo
On November 1, 2017, the Department of Public Works issued a Request for Qualifications (RFQ) for Engineering Services for Repair of Socrates Mine Road Landslides.
Statements of Qualifications were received from Cal Engineering & Geology, Inc., ENGEO, and MGE Engineering, Inc. as a result of the solicitation. A Consultant Selection Board (CSB) reviewed the submittals in accordance with FEMA procurement guidelines and the County of Lake policy for review and selection of professional consultants. ENGEO's submittal was deemed non-responsive since it was received via email. The CSB ranked Cal Engineering & Geology, Inc. as the more-qualified of the two responsive firms. Staff negotiated the proposed fee with Cal Engineering & Geology, Inc. and they have agreed that the fee for their services will not exceed $232,297.02.
The Federal Emergency Management Agency (FEMA) provides funding for this project. A Project Worksheet (PW) is approved for each of the two slides, for a total of $103,240.00. A new version of each PW will be approved by FEMA upon submittal of design plans at 75% stage of completion and will provide the required funding to complete design and construction.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Amount Budgeted: $232,297.02
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Approve Agreement between the County of Lake and Cal Engineering & Geology, Inc. for Engineering Services for Repair of Socrates Mine Road Landslides, Lake County, CA in the amount not to exceed $232,297.02 and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: August 14, 2018
SUBJECT: Approve Agreement between the County of Lake and Cal Engineering & Geology, Inc. for Engineering Services for Repair of Socrates Mine Road Landslides, Lake County, CA in the amount not to exceed $232,297.02 and authorize the Chair to sign
EXECUTIVE SUMMARY:
On November 1, 2017, the Department of Public Works issued a Request for Qualifications (RFQ) for Engineering Services for Repair of Socrates Mine Road Landslides.
Statements of Qualifications were received from Cal Engineering & Geology, Inc., ENGEO, and MGE Engineering, Inc. as a result of the solicitation. A Consultant Selection Board (CSB) reviewed the submittals in accordance with FEMA procurement guidelines and the County of Lake policy for review and selection of professional consultants. ENGEO's submittal was deemed non-responsive since it was received via email. The CSB ranked Cal Engineering & Geology, Inc. as the more-qualified of the two responsive firms. Staff negotiated the proposed fee with Cal Engineering & Geology, Inc. and they have agreed that the fee for their services will not exceed $232,297.02.
The Federal Emergency Management Agency (FEMA) provides funding for this project. A Project Worksheet (PW) is approved for each of the two slides, for a total of $103,240.00. A new version of each PW will be approved by FEMA upon submittal of design plans at 75% stage of completion and will provide the required funding to complete design and construction.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: $232,297.02
Amount Budgeted: $232,297.02
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Approve Agreement between the County of Lake and Cal Engineering & Geology, Inc. for Engineering Services for Repair of Socrates Mine Road Landslides, Lake County, CA in the amount not to exceed $232,297.02 and authorize the Chair to sign.
6.6Approve Amendment Three to the Agreement for Final Design and Right-of-Way Services for the South Main Street and Soda Bay Road Corridor Improvement Project in Lake County, CA, with Quincy Engineering, Inc. for an increase of $139,878.05, and an amount not to exceed $2,483,054.78; and authorize the Chair to sign
Agreement
passed on consent
Staff memo
On February 24, 2015, the Department of Public Works entered into an Agreement with Quincy Engineering, Inc. for Final Design and Right-of-Way Services for the South Main Street and Soda Bay Road Corridor Improvement Project in Lake County, CA. The Agreement was modified by Amendment One on July 7, 2015 to allow for staff substitution and sub-consultant cost reduction, and by Amendment Two on September 26, 2017 to allow for budget re-allocation and task re-assignment.
Due to the complexity of the right-of-way negotiations for a number of affected parcels and the amount of time which has been required to advance the acquisition process for these parcels, a number of appraisals and waiver valuations too dated to satisfy the State and Federal right-of-way acquisition requirements. These appraisals and waiver valuations need to be updated. Also, additional effort will be required to perform appraisal, appraisal review, and acquisition assistance services, and to prepare the right-of-way certification.
This amendment will provide for the additional effort required for various tasks. Caltrans has concurred with this amendment and associated costs are eligible for reimbursement. As a result of this amendment, the contract amount will be increased by a net amount of $139,878.05.
Funding for the project comes from a variety of sources to include the State Transportation Improvement Program (STIP), Federal Demonstration Program, Lake Area Planning Council Local Transportation Funds, County of Lake road funds, and utility company tariffs and contributions. There is currently enough funding to complete design, right-of-way and undergrounding for the complete corridor, and construct the South Main Street segment beginning at approximately the Lakeport city limits and ending at the intersection with Soda Bay Road and State Highway 175.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Amount Budgeted: 2,483,054.78
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Approve Amendment Three to the Agreement for Final Design and Right-of-Way Services for the South Main Street and Soda Bay Road Corridor Improvement Project in Lake County, CA, with Quincy Engineering, Inc. for an increase of $139,878.05, and an amount not to exceed $2,483,054.78; and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: August 14, 2018
SUBJECT: Approve Amendment Three to the Agreement for Final Design and Right-of-Way Services for the South Main Street and Soda Bay Road Corridor Improvement Project in Lake County, CA, with Quincy Engineering, Inc. for an increase of $139,878.05, and an amount not to exceed $2,483,054.78; and authorize the Chair to sign
EXECUTIVE SUMMARY:
On February 24, 2015, the Department of Public Works entered into an Agreement with Quincy Engineering, Inc. for Final Design and Right-of-Way Services for the South Main Street and Soda Bay Road Corridor Improvement Project in Lake County, CA. The Agreement was modified by Amendment One on July 7, 2015 to allow for staff substitution and sub-consultant cost reduction, and by Amendment Two on September 26, 2017 to allow for budget re-allocation and task re-assignment.
Due to the complexity of the right-of-way negotiations for a number of affected parcels and the amount of time which has been required to advance the acquisition process for these parcels, a number of appraisals and waiver valuations too dated to satisfy the State and Federal right-of-way acquisition requirements. These appraisals and waiver valuations need to be updated. Also, additional effort will be required to perform appraisal, appraisal review, and acquisition assistance services, and to prepare the right-of-way certification.
This amendment will provide for the additional effort required for various tasks. Caltrans has concurred with this amendment and associated costs are eligible for reimbursement. As a result of this amendment, the contract amount will be increased by a net amount of $139,878.05.
Funding for the project comes from a variety of sources to include the State Transportation Improvement Program (STIP), Federal Demonstration Program, Lake Area Planning Council Local Transportation Funds, County of Lake road funds, and utility company tariffs and contributions. There is currently enough funding to complete design, right-of-way and undergrounding for the complete corridor, and construct the South Main Street segment beginning at approximately the Lakeport city limits and ending at the intersection with Soda Bay Road and State Highway 175.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: 2,483,054.78
Amount Budgeted: 2,483,054.78
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Approve Amendment Three to the Agreement for Final Design and Right-of-Way Services for the South Main Street and Soda Bay Road Corridor Improvement Project in Lake County, CA, with Quincy Engineering, Inc. for an increase of $139,878.05, and an amount not to exceed $2,483,054.78; and authorize the Chair to sign.
6.7Approve Encroachment Permit #18-27 - Temporary closure of a portion of Clear Lake in front of Library Park on Saturday August 18, 2018 from 8:00 a.m. to 12:00 p.m. for single-boat, high-speed demonstration runs associated with the Hot Car and Boat Show
Action Item
passed on consent
approved — Pass
Carried 4-0 — moved by Scott (recovered from the archived minutes)
Brown: absent Scott: aye Simon: aye Smith: aye Steele: aye
Brown: absent Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
Tony Barthel proposes to host the 4th annual Hot Car and Boat Show August 17-19 to raise funds for Operation Tango Mike to benefit veterans and military. Mr. Barthel is requesting closure of a portion of Clear Lake on August 18 to allow for high-speed boat passes offshore of Library Park. Event volunteers and the Coast Guard Auxiliary will be on the lake to ensure boats do not enter the closed area. The event host will be required to execute an insurance agreement covering the County with $3,000,000 per single occurrence and $6,000,000 combined and to execute the Hold Harmless provision.
This event will require the Board to authorize closure of the portion of the lake situated approximately 500 feet offshore from Library Park and extending approximately 1 mile in a northerly direction as approximated on the attached map. The Board of Supervisors has the authority to grant this temporary closure pursuant to Section 11.3 of Chapter 23 of the Clear Lake Shoreline Ordinance if the Board finds that the proposed uses are appropriate but require special regulations or separation from other uses. In light of the scope of this event and the risks inherent therein, staff believes that this event meets those tests.
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:
Approve Encroachment Permit #18-27 - Temporary closure of a portion of Clear Lake in front of Library Park on Saturday August 18, 2018 from 8:00 a.m. to 12:00 p.m. for single-boat, high-speed demonstration runs associated with the Hot Car and Boat Show.
Attachments
1) Course map
2) Encroachment permit
3) Special conditions
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: David Cowan, Water Resources Department Director
DATE: August 14, 2018
SUBJECT: Approve Encroachment Permit #18-27 - Temporary closure of a portion of Clear Lake in front of Library Park on Saturday August 18, 2018 from 8:00 a.m. to 12:00 p.m. for single-boat, high-speed demonstration runs associated with the Hot Car and Boat Show
EXECUTIVE SUMMARY:
Tony Barthel proposes to host the 4th annual Hot Car and Boat Show August 17-19 to raise funds for Operation Tango Mike to benefit veterans and military. Mr. Barthel is requesting closure of a portion of Clear Lake on August 18 to allow for high-speed boat passes offshore of Library Park. Event volunteers and the Coast Guard Auxiliary will be on the lake to ensure boats do not enter the closed area. The event host will be required to execute an insurance agreement covering the County with $3,000,000 per single occurrence and $6,000,000 combined and to execute the Hold Harmless provision.
This event will require the Board to authorize closure of the portion of the lake situated approximately 500 feet offshore from Library Park and extending approximately 1 mile in a northerly direction as approximated on the attached map. The Board of Supervisors has the authority to grant this temporary closure pursuant to Section 11.3 of Chapter 23 of the Clear Lake Shoreline Ordinance if the Board finds that the proposed uses are appropriate but require special regulations or separation from other uses. In light of the scope of this event and the risks inherent therein, staff believes that this event meets those tests.
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 Encroachment Permit #18-27 - Temporary closure of a portion of Clear Lake in front of Library Park on Saturday August 18, 2018 from 8:00 a.m. to 12:00 p.m. for single-boat, high-speed demonstration runs associated with the Hot Car and Boat Show.
Attachments:
1) Course map
2) Encroachment permit
3) Special conditions
On motion of Supervisor Scott, and by vote of the Board, approved Consent Agenda Items 6.1 through 6.7. 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.
7.49:30 A.M. - (a) Presentation of Code Enforcement Update; and (b) Consideration of Request for Board Direction Regarding Amendments to Chapter 13 of the Lake County Code
Report
approved
Staff memo
Code Enforcement Division has prepared a Power Point Presentation on Code Enforcement duties, community statistics, code enforcement process, complaints and ongoing issues. Additionally, Staff requests Board direction on possible amendments to Chapter 13.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Request: N/A
Annual Cost (if planned for future years): N/A
..Recommended Action
RECOMMENDED ACTION:
a) Presentation only. No action required.
b) Provide direction to staff concerning possible amendments to Chapter 13 of the Lake County Code.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Michalyn DelValle, Community Development Director
DATE: August 14, 2018
SUBJECT: (a) Presentation of Code Enforcement Update; and (b) Consideration of Request for Board Direction Regarding Amendments to Chapter 13 of the Lake County Code
Code Enforcement Division has prepared a Power Point Presentation on Code Enforcement duties, community statistics, code enforcement process, complaints and ongoing issues. Additionally, Staff requests Board direction on possible amendments to Chapter 13.
FISCAL IMPACT: None
Estimated Cost: Unknown
Amount Budgeted: N/A
Additional Request: N/A
Annual Cost (if planned for future years): N/A
..Recommended Action
RECOMMENDED ACTION:
a) Presentation only. No action required.
b) Provide direction to staff concerning possible amendments to Chapter 13 of the Lake County Code.
There was Board consensus for the department to move ahead with proposed amendments to Chapter 13 of the Lake County Code and return to the Board for consideration.
Clerk’s notes: (a) Community Development Director Michalyn DelValle presented the item to the Board. Code Enforcement Officer Mike Penhall, Code Enforcement Supervisor Kathy Freeman and Chief Building Official Mary Jane Montana were present. Mr. Penhall gave a PowerPoint presentation on the Code Enforcement Update.
7.510:00 A.M. - PUBLIC BID OPENING – Consideration of Bids to Purchase the property known as the Lucerne Hotel, located at 3700 Country Club Drive, Lucerne, CA (APN’S 034-182-030 & 040, AND 034-867-010 through 070) pursuant to Government Code Section 25520 et seq. (DUE TO THE MANDATED EVACUATION OF THE CITY OF LAKEPORT DUE TO DISASTER, THE PUBLIC BID OPENING WILL BE CONTINUED TO AUGUST 21, 2018 @ 10:00 A.M.)
Action Item
approved — Pass
Carried 4-0 — moved by Scott (recovered from the archived minutes)
Brown: absent Scott: aye Simon: aye Smith: aye Steele: aye
Brown: absent Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
On July 24, 2018 your Board declared by Resolution that the property known as the Lucerne Hotel in Lucerne was surplus to the needs of the County and set a minimum bid price of $2,500,000 as well as establishing appropriate terms and conditions including payment of a real estate broker commission. August 14, 2018 was subsequently established as the date for consideration of written and oral bids by your Board.
Pursuant to Government Code � 25530 and 25531, all written bids shall be publicly opened, examined, and declared by the Board and before accepting any written bid, the Board shall call for oral bids. Oral bids are subject to the same terms and conditions as written bids and must exceed the highest responsible written bid by 5 percent and subsequent oral bids must also exceed the previous oral bid by 5 percent.
The highest bid, whether written or oral, from a responsible bidder which conforms to all terms and conditions previously specified shall be finally accepted or the Board may reject all bids. In determining which is the highest sealed proposal, the Board shall not subtract therefrom the commission, if any, which the proposal provides shall be paid to a licensed real estate broker.
If your Board should accept a final bid, an earnest money deposit of 4 percent of the purchase price shall be deposited in an escrow account by the winning bidder by 2:00 P.M. on, August 14, 2018. The earnest money deposit shall be refundable only within the first 30 days of escrow.
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 that the Board consider written and oral bids to purchase the Lucerne Hotel.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: August 14, 2018
SUBJECT: PUBLIC BID OPENING - Consideration of Bids to Purchase the property known as the Lucerne Hotel, located at 3700 Country Club Drive, Lucerne, CA (APN'S 034-182-030 & 040, AND 034-867-010 through 070) pursuant to Government Code Section 25520 et seq. (DUE TO THE MANDATED EVACUATION OF THE CITY OF LAKEPORT DUE TO DISASTER, THE PUBLIC BID OPENING WILL BE CONTINUED TO AUGUST 21, 2018 @ 10:00 A.M.)
EXECUTIVE SUMMARY:
On July 24, 2018 your Board declared by Resolution that the property known as the Lucerne Hotel in Lucerne was surplus to the needs of the County and set a minimum bid price of $2,500,000 as well as establishing appropriate terms and conditions including payment of a real estate broker commission. August 14, 2018 was subsequently established as the date for consideration of written and oral bids by your Board.
Pursuant to Government Code � 25530 and 25531, all written bids shall be publicly opened, examined, and declared by the Board and before accepting any written bid, the Board shall call for oral bids. Oral bids are subject to the same terms and conditions as written bids and must exceed the highest responsible written bid by 5 percent and subsequent oral bids must also exceed the previous oral bid by 5 percent.
The highest bid, whether written or oral, from a responsible bidder which conforms to all terms and conditions previously specified shall be finally accepted or the Board may reject all bids. In determining which is the highest sealed proposal, the Board shall not subtract therefrom the commission, if any, which the proposal provides shall be paid to a licensed real estate broker.
If your Board should accept a final bid, an earnest money deposit of 4 percent of the purchase price shall be deposited in an escrow account by the winning bidder by 2:00 P.M. on, August 14, 2018. The earnest money deposit shall be refundable only within the first 30 days of escrow.
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 the Board consider written and oral bids to purchase the Lucerne Hotel.
On motion of Supervisor Scott, and by vote of the Board, approved to continue this item to August 21, 2018 at 10:00 a.m., due to the mandated evacutation of the City of Lakeport. The motion carried by the following 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.
7.610:15 A.M. - PUBLIC BID OPENING – Consideration of Bids to Purchase the Bevins Court Properties in Lakeport, CA (APN’s 025-462-100 & 090), Pursuant to Government Code Section 25520 et seq. (Continued from August 7, 2018)
Action Item
approved — Pass
Carried 4-0 — moved by Smith (recovered from the archived minutes)
Brown: absent Scott: aye Simon: aye Smith: aye Steele: aye
Brown: absent Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
On July 10, 2018 your Board declared by Resolution that the Bevins Court properties in Lakeport was surplus to the needs of the County and set a minimum bid price of $294,000 as well as establishing appropriate terms and conditions including payment of a real estate broker commission. August 7, 2018 was subsequently established as the date for consideration of written and oral bids by your Board.
Pursuant to Government Code � 25530 and 25531, all written bids shall be publicly opened, examined, and declared by the Board and before accepting any written bid, the Board shall call for oral bids. Oral bids are subject to the same terms and conditions as written bids and must exceed the highest responsible written bid by 5 percent and subsequent oral bids must also exceed the previous oral bid by 5 percent.
The highest bid, whether written or oral, from a responsible bidder which conforms to all terms and conditions previously specified shall be finally accepted or the Board may reject all bids. In determining which is the highest sealed proposal, the Board shall not subtract therefrom the commission, if any, which the proposal provides shall be paid to a licensed real estate broker.
If your Board should accept a final bid, an earnest money deposit of 4 percent of the purchase price shall be deposited in an escrow account by the winning bidder by 2:00 P.M. on, August 14, 2018. The earnest money deposit shall be refundable only within the first 30 days of escrow.
FISCAL IMPACT: __X__None _____Budgeted _____Non-Budgeted
Amount Budgeted:
Additional Request:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT: N/A
..Recommended Action
RECOMMENDED ACTION:
Staff recommends that the Board consider written and oral bids to purchase the Bevins Court properties in Lakeport, CA.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: August 14, 2018
SUBJECT: PUBLIC BID OPENING - Consideration of Bids to Purchase the Bevins Court Properties in Lakeport, CA (APN's 025-462-100 & 090), Pursuant to Government Code Section 25520 et seq. (Continued from August 7, 2018)
EXECUTIVE SUMMARY:
On July 10, 2018 your Board declared by Resolution that the Bevins Court properties in Lakeport was surplus to the needs of the County and set a minimum bid price of $294,000 as well as establishing appropriate terms and conditions including payment of a real estate broker commission. August 7, 2018 was subsequently established as the date for consideration of written and oral bids by your Board.
Pursuant to Government Code � 25530 and 25531, all written bids shall be publicly opened, examined, and declared by the Board and before accepting any written bid, the Board shall call for oral bids. Oral bids are subject to the same terms and conditions as written bids and must exceed the highest responsible written bid by 5 percent and subsequent oral bids must also exceed the previous oral bid by 5 percent.
The highest bid, whether written or oral, from a responsible bidder which conforms to all terms and conditions previously specified shall be finally accepted or the Board may reject all bids. In determining which is the highest sealed proposal, the Board shall not subtract therefrom the commission, if any, which the proposal provides shall be paid to a licensed real estate broker.
If your Board should accept a final bid, an earnest money deposit of 4 percent of the purchase price shall be deposited in an escrow account by the winning bidder by 2:00 P.M. on, August 14, 2018. The earnest money deposit shall be refundable only within the first 30 days of escrow.
FISCAL IMPACT: __X__None _____Budgeted _____Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Request:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT: N/A
..Recommended Action
RECOMMENDED ACTION:
Staff recommends that the Board consider written and oral bids to purchase the Bevins Court properties in Lakeport, CA.
On motion of Supervisor Smith, and by vote of the Board, approved the oral bid of $294,000 received from Lake County Tribal Health. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board. Deputy County Administrative Officer Stephen Carter was also present. No written bids have been received for the Bevins Court Properties at this time. Chair Steele asked if ther were any oral bids to consider. An oral bid from Lake County Tribal Health Executive Ernesto Padilla was offered in the amount of $294,000.
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. Non-Timed Items
8.1Supervisors’ weekly calendar, travel and reports
8.2Consideration of change in Board of Supervisors Committee Assignment for Vice Chair to the Disaster Council
Appointment
approved — Pass
Carried 4-0 — moved by Smith (recovered from the archived minutes)
Brown: absent Scott: aye Simon: aye Smith: aye Steele: aye
Brown: absent Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
On August 7, 2018, our Board appointed me to serve as Chair of the Disaster Council for the remainder of my term and I am pleased to serve in this capacity. As you are aware, Supervisor Smith serves as Vice Chair to the Council and we are both leaving office in January 2018. To ensure continuity for the Council, Supervisor Smith is requesting an opportunity to discuss the possibility of appointing another Board member to serve in the capacity of Vice Chair, so there is one Board member continuing with the Council into 2019.
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:
Appoint another member of the Board to Vice Chair to the Disaster Council.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Jim Steele, 3rd District Supervisor
DATE: August 14, 2018
SUBJECT: Consideration of change in Board of Supervisors Committee Assignment for Vice Chair to the Disaster Council
EXECUTIVE SUMMARY:
On August 7, 2018, our Board appointed me to serve as Chair of the Disaster Council for the remainder of my term and I am pleased to serve in this capacity. As you are aware, Supervisor Smith serves as Vice Chair to the Council and we are both leaving office in January 2018. To ensure continuity for the Council, Supervisor Smith is requesting an opportunity to discuss the possibility of appointing another Board member to serve in the capacity of Vice Chair, so there is one Board member continuing with the Council into 2019.
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:
Appoint another member of the Board to Vice Chair to the Disaster Council.
On motion of Supervisor Smith, and by vote of the Board, appointed Supervisor Simon to serve as Vice-Chair for the Board of the Disaster Council. The motion carried by the following 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.
8.3Discussion and Consideration of a Draft Ordinance Amending Certain Sections of Chapter 13 to Establish Administrative Fines for Violations of the Lake County Code Relating to the Failure to Obtain and/or Maintain Any Permit Related to Cannabis Operations
Ordinance
Advanced
Carried 4-0 — moved by Smith
Brown: absent Scott: aye Simon: aye Smith: aye Steele: aye
Brown: absent Scott: aye Simon: aye Smith: aye Steele: aye
Carried 4-0 — moved by Smith
Brown: absent Scott: aye Simon: aye Smith: aye Steele: aye
Brown: absent Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
Attached here is a draft of a possible ordinance establishing administrative fines for violations of the Lake County Code relating to the failure to obtain and/or maintain any permit related to cannabis operations which is required, issued, and/or approved by the County.
This iteration of the draft ordinance places the penalty provisions under the existing Administrative Penalties section of Chapter 13 and offers a separate and additional corrective tool to be used by the County to ensure compliance with permitting requirements.
It is presented to your Board this date for your review and consideration.
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
This ordinance will require the standard two readings should your Board wish to take action:
First, a motion to waive the reading of the ordinance and read it in title only.
Second, a motion to advance the ordinance on the agenda for consideration of passage.
Original memo text
..Title
..Body
MEMORANDUM
TO: HONORABLE BOARD OF SUPERVISORS
FROM: ANITA L. GRANT, County Counsel
DATE: August 14, 2018
SUBJECT: Discussion and Consideration of a Draft Ordinance Amending Certain Sections of Chapter 13 to Establish Administrative Fines for Violations of the Lake County Code Relating to the Failure to Obtain and/or Maintain Any Permit Related to Cannabis Operations
EXECUTIVE SUMMARY:
Attached here is a draft of a possible ordinance establishing administrative fines for violations of the Lake County Code relating to the failure to obtain and/or maintain any permit related to cannabis operations which is required, issued, and/or approved by the County.
This iteration of the draft ordinance places the penalty provisions under the existing Administrative Penalties section of Chapter 13 and offers a separate and additional corrective tool to be used by the County to ensure compliance with permitting requirements.
It is presented to your Board this date for your review and consideration.
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
This ordinance will require the standard two readings should your Board wish to take action:
First, a motion to waive the reading of the ordinance and read it in title only.
Second, a motion to advance the ordinance on the agenda for consideration of passage.
On motion of Supervisor Smith, and by vote of the Board, waived the reading of the Ordinance to have it read it title only (Clerk did so). The motion carried by the following vote:
Ayes: Supervisors Simon, Smith, Scott and Steele
Absent: Supervisor Brown
On motion of Supervisor Smith, and by vote of the Board, advanced the ordinance to August 21, 2018 for consideration of passage. The motion carried by the following vote:
Ayes: Supervisors Simon, Smith, Scott and Steele
Absent: Supervisor Brown
Clerk’s notes: County Counsel Anita Grant presented the item to the Board. Community Development Director Michalyn DelValle and Code Enforcement Supervisor Kathy Freeman were present and spoke.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.4Consideration of Resolution to Oppose Proposition 6 in the November 2018 Election
Resolution
Adopted — Pass
Staff memo
FISCAL IMPACT: (Narrative): Adopting this Resolution will have no fiscal impact on the County. However, should Proposition 6 pass, Lake County stands to lose approximately $2.5 million dollars of additional road funding that would have been provided by the various mechanisms of SB1.
STAFFING IMPACT: (if applicable): None
RESULT OF RECOMMENDED ACTION:
Adoption of this Resolution will signal to the citizens of Lake County your Board's opposition to Proposition 6 and your support of SB1 and the additional funding it will provide to this County.
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution to Oppose Proposition 6 in the November, 2018 Election
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott DeLeon, Public Works Director
DATE: August 14, 2018
SUBJECT: Consideration of Resolution to Oppose Proposition 6 in the November 2018 Election
EXECUTIVE SUMMARY:
As your Board is aware, the State Legislature passed and the Governor approved Senate Bill 1 (SB1) in 2017, which raised the taxes on gasoline and diesel fuel sales in California. SB1 also increased vehicle registration fees and added a special user fee to owners of electric vehicles. These additional fees are specifically ear-marked for transportation needs throughout the State, and specifically for road maintenance and rehabilitation.
Recently, a proposal was developed to repeal the actions of SB1, and the proponents of that effort secured sufficient signatures to place the item on the November 2018 election. This repeal effort is known as Proposition 6, and it will effectively reverse and eliminate SB1.
The California State Association of Counties (CSAC) has encouraged their member counties to take a position against Proposition 6. The attached Resolution for your Boards consideration provides your Board the opportunity to oppose Proposition 6.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT: (Narrative): Adopting this Resolution will have no fiscal impact on the County. However, should Proposition 6 pass, Lake County stands to lose approximately $2.5 million dollars of additional road funding that would have been provided by the various mechanisms of SB1.
STAFFING IMPACT: (if applicable): None
RESULT OF RECOMMENDED ACTION:
Adoption of this Resolution will signal to the citizens of Lake County your Board's opposition to Proposition 6 and your support of SB1 and the additional funding it will provide to this County.
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution to Oppose Proposition 6 in the November, 2018 Election
Supervisor Smith offered the Resolution and it was passed by roll call vote:
Clerk’s notes: Public Works Director Scott DeLeon presented the item to the Board.
Chair Steele 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. Closed Session
9.1Conference with Legal Counsel: Decision Whether to Initiate Litigation Pursuant to Government Code section 54956.9(d)(4): County of Lake v. United States, Department of Interior
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 12:26 p.m. having taken no action.