Board Of Supervisors — Tuesday, August 21, 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
6.1Approve Increase to the Salary of Staff Services Analyst II Nathan Spangler during his Temporary Assignment as Recovery Coordinator for the River/Ranch Fires by Ten Percent, (or two steps above his normal rate)
Action Item
not acted on
Staff memo
EXECUTIVE SUMMARY:
As your Board is aware, effective August 13, 2018, Nathan Spangler, who is a Staff Services Analyst II at our Department of Social Services, has stepped up to serve as our Recovery Coordinator for the River and Ranch Fires.
In this new, temporary capacity, Nathan's duties will include but not be limited to the following:
� Serve as Lake Counties Primary Point of Contact to CalOES, FEMA and other relevant agencies for recovery-related purposes.
� Convene recovery stakeholders for regular conference calls and public meetings.
� Hold regular office areas within the burn area, making himself available to problem solve with survivors regarding their issues.
� Report regularly on the status of recovery to the Board of Supervisors, legislators, the local media, and various community and civic groups.
� Communicate regularly with the County disaster finance team informing them of new costs and infrastructure needs.
� Coordinate with the County OES manager, taking on non-emergency recovery-related tasks.
� Interface and work with the local tribal nations to address their needs and or concerns.
I am very appreciative of Nathan's willingness to step up in this way and during the course of his temporary assignment, I am requesting your approval to increase his salary by ten percent, or two steps above his normal rate as a Staff Services Analyst II.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Costs should be claimable to CDAA or FEMA (if a federal disaster is declared), leaving a County match of either 25% or 6.25%.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Approve increase to the salary of Staff Services Analyst II Nathan Spangler during his temporary assignment as Recovery Coordinator for the River/Ranch Fires by ten percent, or two steps above his normal rate.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: August 21, 2018
SUBJECT: Approve increase to the salary of Staff Services Analyst II Nathan Spangler during his temporary assignment as Recovery Coordinator for the River/Ranch Fires by ten percent, or two steps above his normal rate
EXECUTIVE SUMMARY:
As your Board is aware, effective August 13, 2018, Nathan Spangler, who is a Staff Services Analyst II at our Department of Social Services, has stepped up to serve as our Recovery Coordinator for the River and Ranch Fires.
In this new, temporary capacity, Nathan's duties will include but not be limited to the following:
� Serve as Lake Counties Primary Point of Contact to CalOES, FEMA and other relevant agencies for recovery-related purposes.
� Convene recovery stakeholders for regular conference calls and public meetings.
� Hold regular office areas within the burn area, making himself available to problem solve with survivors regarding their issues.
� Report regularly on the status of recovery to the Board of Supervisors, legislators, the local media, and various community and civic groups.
� Communicate regularly with the County disaster finance team informing them of new costs and infrastructure needs.
� Coordinate with the County OES manager, taking on non-emergency recovery-related tasks.
� Interface and work with the local tribal nations to address their needs and or concerns.
I am very appreciative of Nathan's willingness to step up in this way and during the course of his temporary assignment, I am requesting your approval to increase his salary by ten percent, or two steps above his normal rate as a Staff Services Analyst II.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Costs should be claimable to CDAA or FEMA (if a federal disaster is declared), leaving a County match of either 25% or 6.25%.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Approve increase to the salary of Staff Services Analyst II Nathan Spangler during his temporary assignment as Recovery Coordinator for the River/Ranch Fires by ten percent, or two steps above his normal rate.
This agenda item was pulled at the request of the department.
6.2(Sitting as the Lake County Watershed Protection District, Board of Directors) Award of Bid No. WR 18-01 for Levee Patrol Road Gravel Repair Project, Upper Lake, CA. in the amount of $62,884 and authorize the Water Resources Director to execute the Agreement and Notice of Award
Agreement
proposed on consent
Staff memo
In 2016 your Board adopted resolutions and approved a project agreement between the State of California Department of Water Resources (DWR) and the Lake County Watershed Protection District for Levee Patrol Road Gravel Repair. The scope of the project is the repair of 0.60 miles of levee patrol roads. The agreement with DWR stipulates that work must be completed by December 31, 2018.
Grant funds were made available in June, 2017. However, due to natural disasters and staff turnover in 2017/2018, contractor selection and other preparatory work was begun in May, 2018. On July 16, 2018, the Water Resources Department publicly opened bids for the project. One (1) bid was received from Cats4U, Inc. of Healdsburg, CA. Please refer to the attached bid tabulation.
The project will be paid from Budget Unit 8108 and reimbursed by DWR. In 2016, the cost of the project was anticipated to be $45,639.00. The lone bidder submitted a bid for $62,884.00. DWR management has indicated that they will fund the additional amount and a contract amendment is being drafted. Funding is available in Budget Unit 8108 to cover the additional cost in the event DWR funding is not approved.
The project is 90% funded by the State of California Department of Water Resources with Lake County Water Resources Department providing local match of 10%, or $6,288.40.
FISCAL IMPACT: __ None _x_ Budgeted __Non-Budgeted
Amount Budgeted: $62,884.00
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Award of Bid No. WR 18-01 for Levee Patrol Road Gravel Repair Project, Upper Lake, CA. in the amount of $62,884 and authorize the Water Resources Director to execute the Agreement and Notice of Award.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Directors, Lake County Watershed Protection District
FROM: David Cowan, Water Resources Director
DATE: August 21, 2018
SUBJECT: (Sitting as the Lake County Watershed Protection District, Board of Directors) Award of Bid No. WR 18-01 for Levee Patrol Road Gravel Repair Project, Upper Lake, CA. in the amount of $62,884 and authorize the Water Resources Director to execute the Agreement and Notice of Award
EXECUTIVE SUMMARY:
In 2016 your Board adopted resolutions and approved a project agreement between the State of California Department of Water Resources (DWR) and the Lake County Watershed Protection District for Levee Patrol Road Gravel Repair. The scope of the project is the repair of 0.60 miles of levee patrol roads. The agreement with DWR stipulates that work must be completed by December 31, 2018.
Grant funds were made available in June, 2017. However, due to natural disasters and staff turnover in 2017/2018, contractor selection and other preparatory work was begun in May, 2018. On July 16, 2018, the Water Resources Department publicly opened bids for the project. One (1) bid was received from Cats4U, Inc. of Healdsburg, CA. Please refer to the attached bid tabulation.
The project will be paid from Budget Unit 8108 and reimbursed by DWR. In 2016, the cost of the project was anticipated to be $45,639.00. The lone bidder submitted a bid for $62,884.00. DWR management has indicated that they will fund the additional amount and a contract amendment is being drafted. Funding is available in Budget Unit 8108 to cover the additional cost in the event DWR funding is not approved.
The project is 90% funded by the State of California Department of Water Resources with Lake County Water Resources Department providing local match of 10%, or $6,288.40.
FISCAL IMPACT: __ None _x_ Budgeted __Non-Budgeted
Estimated Cost: $62,884.00
Amount Budgeted: $62,884.00
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Award of Bid No. WR 18-01 for Levee Patrol Road Gravel Repair Project, Upper Lake, CA. in the amount of $62,884 and authorize the Water Resources Director to execute the Agreement and Notice of Award.
RECOMMENDED ACTION:
Award of Bid No. WR 18-01 for Levee Patrol Road Gravel Repair Project, Upper Lake, CA. in the amount of $62,884 and authorize the Water Resources Director to execute the Agreement and Notice of Award.
6.3Approve Encroachment Permit #18-26 - Temporary closure of a portion of Clear Lake between Library Park and Skylark Shores Resort from September 6 thru September 9, 2018 for the 2018 Splash-In Seaplane Show
Action Item
passed on consent
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
The Lake County Chamber of Commerce will host the Clear Lake Seaplane Splash-In Thursday September 6, 2018 thru Sunday September 9, 2018. The event will be held between 8:00 a.m. to 5:00 p.m. each day. Up to 60 seaplanes are expected to participate in this event. Some will be moored in front of the Skylark Shores Resort and others will be on display out of the water at Natural High School. A temporary metal ramp will be placed at the Natural High site on September 5 and removed on September 10.
This event will require the Board to authorize the closure of a 500 by 2,400 foot area of the lake situated between Library Park and the Skylark Shores Resort as approximated on the attached map. The area of closure is to be used for scheduled demonstrations.
Your Board has the authority to grant this temporary closure pursuant to Section 11.3 of Chapter 23 of the Clear Lake Shoreline Ordinance. This Ordinance allows your Board to authorize a closure if it 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.
Special requirements for the permit include $5,000,000 in insurance, special demarcation of the ramp area to prevent pedestrians from accessing the ramp area, and burying the ramp edges with native soil and sediment. The ramps must be removed by Noon the day after the event ends.
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 #18-26 - Temporary closure of a portion of Clear Lake between Library Park and Skylark Shores Resort from September 6 thru September 9, 2018 for the 2018 Splash-In Seaplane 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 21, 2018
SUBJECT: Approve Encroachment Permit #18-26 - Temporary closure of a portion of Clear Lake between Library Park and Skylark Shores Resort from September 6 thru September 9, 2018 for the 2018 Splash-In Seaplane Show
EXECUTIVE SUMMARY:
The Lake County Chamber of Commerce will host the Clear Lake Seaplane Splash-In Thursday September 6, 2018 thru Sunday September 9, 2018. The event will be held between 8:00 a.m. to 5:00 p.m. each day. Up to 60 seaplanes are expected to participate in this event. Some will be moored in front of the Skylark Shores Resort and others will be on display out of the water at Natural High School. A temporary metal ramp will be placed at the Natural High site on September 5 and removed on September 10.
This event will require the Board to authorize the closure of a 500 by 2,400 foot area of the lake situated between Library Park and the Skylark Shores Resort as approximated on the attached map. The area of closure is to be used for scheduled demonstrations.
Your Board has the authority to grant this temporary closure pursuant to Section 11.3 of Chapter 23 of the Clear Lake Shoreline Ordinance. This Ordinance allows your Board to authorize a closure if it 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.
Special requirements for the permit include $5,000,000 in insurance, special demarcation of the ramp area to prevent pedestrians from accessing the ramp area, and burying the ramp edges with native soil and sediment. The ramps must be removed by Noon the day after the event ends.
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 #18-26 - Temporary closure of a portion of Clear Lake between Library Park and Skylark Shores Resort from September 6 thru September 9, 2018 for the 2018 Splash-In Seaplane Show.
Attachments:
1) Course map
2) Encroachment permit
3) Special conditions
On motion of Supervisor Smith, and by vote of the Board, approved consent agenda items 6.1 through 6.3, with the exception of 6.1, which was pulled at the reequest of the department. 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.
7.29:06 A.M. - (Sitting as the Lake County Housing Commission) – Consideration of Resolution to Authorize the Executive Director of Lake County Housing Authority to Sign the Conciliation Agreement/Voluntary Compliance Agreement Between U.S. Department of Housing and Urban Development and Delfina Gonzales and Lake County Housing Commission
Resolution
Adopted
Staff memo
EXECUTIVE SUMMARY:
U.S. Department of Housing and Urban Development (HUD) created a Conciliation
Agreement/Voluntary Compliance Agreement addressing a client complaint and process of compliance. The signature of Crystal Markytan, Director of Lake County Department of Social Services and Executive Director of Lake County Housing Authority will attest to the approval and acceptance of this agreement on behalf of the Lake County Housing Commission.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Amount Budgeted: $0.00
Additional Requested: $0.00
Annual Cost (if planned for future years): Not applicable
FISCAL IMPACT (Narrative): There is no county cost associated with this contract.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution to Authorize the Executive Director of Lake County Housing Authority to Sign the Conciliation Agreement/Voluntary Compliance Agreement between U.S. Department of Housing and Urban Development and Delfina Gonzales and Lake County Housing Commission.
Thank you for your consideration.
Attachment 1: Resolution No: 1819-01
Attachment 2: Conciliation Agreement/Voluntary Compliance Agreement
Cc: Micki Dolby
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Housing Commissioners
FROM: Crystal Markytan, Social Services Director
DATE: August 21, 2018
SUBJECT: (Sitting as the Lake County Housing Commission) - Consideration of Resolution to Authorize the Executive Director of Lake County Housing Authority to Sign the Conciliation Agreement/Voluntary Compliance Agreement Between U.S. Department of Housing and Urban Development and Delfina Gonzales and Lake County Housing Commission
EXECUTIVE SUMMARY:
U.S. Department of Housing and Urban Development (HUD) created a Conciliation
Agreement/Voluntary Compliance Agreement addressing a client complaint and process of compliance. The signature of Crystal Markytan, Director of Lake County Department of Social Services and Executive Director of Lake County Housing Authority will attest to the approval and acceptance of this agreement on behalf of the Lake County Housing Commission.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: $0.00
Amount Budgeted: $0.00
Additional Requested: $0.00
Annual Cost (if planned for future years): Not applicable
FISCAL IMPACT (Narrative): There is no county cost associated with this contract.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution to Authorize the Executive Director of Lake County Housing Authority to Sign the Conciliation Agreement/Voluntary Compliance Agreement between U.S. Department of Housing and Urban Development and Delfina Gonzales and Lake County Housing Commission.
Thank you for your consideration.
Attachment 1: Resolution No: 1819-01
Attachment 2: Conciliation Agreement/Voluntary Compliance Agreement
Cc: Micki Dolby
Commissioner Smith offered the Resolution and it was passed by roll call vote:
Ayes: Commissioners Figueroa, Simon, Smith, Scott, Brown and Steele
The Lake County Housing Commission adjourned and reconvened as the Board of Supervisors.
Clerk’s notes: The Board of Supervisors adjourned and convened as the Lake County Housing Commission. Commissioner Deborah Figueroa was present.
Deputy Social Services Director Micki Dolby 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.
7.39:09 A.M. - Consideration of Continuing a Proclamation of a Local Health Emergency by the Lake County Health Officer due to the Pawnee Fire Incident
Proclamation
approved — Pass
Carried 5-0 — moved by Scott (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
EXECUTIVE SUMMARY:
A wildland fire known as the Pawnee Fire began in Lake County on June 23, 2018, originating in the Spring Valley area of Clearlake Oaks, CA, forcing area-wide evacuations, destroying multiple structures and as of this writing, burning 8,000+ acres.
As a result of the occurrence of the Pawnee Fire, a local health emergency was proclaimed by the Public Health Officer, Dr. Sara Goldgraben on June 25, 2018. Your Board must now continue the existence of the local health emergency.
Because, as the result of a schedule conflict, I am unable to attend the Board of Supervisors session in person on August 21, 2018, this memo serves as my formal recommendation to continue the Public Health Proclamation.
Lake County Health Services Department Director, Denise Pomeroy, and Environmental Health Director, Jasjit Kang, will be available to field questions on the status of the incident and clean-up activities.
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:
The County Public Health Officer, respectfully requests that your Board continue the Proclamation of a Local Health Emergency by the Lake County Health Officer due to the Pawnee Fire Incident
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Gary Pace, M.D., Interim Public Health Officer
DATE: August 21, 2018
SUBJECT: 9:09 A.M. - Consideration of the Continuation of a Proclamation of a Local Health Emergency by the Lake County Health Officer due to the Pawnee Fire Incident
EXECUTIVE SUMMARY:
A wildland fire known as the Pawnee Fire began in Lake County on June 23, 2018, originating in the Spring Valley area of Clearlake Oaks, CA, forcing area-wide evacuations, destroying multiple structures and as of this writing, burning 8,000+ acres.
As a result of the occurrence of the Pawnee Fire, a local health emergency was proclaimed by the Public Health Officer, Dr. Sara Goldgraben on June 25, 2018. Your Board must now continue the existence of the local health emergency.
Because, as the result of a schedule conflict, I am unable to attend the Board of Supervisors session in person on August 21, 2018, this memo serves as my formal recommendation to continue the Public Health Proclamation.
Lake County Health Services Department Director, Denise Pomeroy, and Environmental Health Director, Jasjit Kang, will be available to field questions on the status of the incident and clean-up activities.
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:
The County Public Health Officer, respectfully requests that your Board continue the Proclamation of a Local Health Emergency by the Lake County Health Officer due to the Pawnee Fire Incident
On motion of Supervisor Scott, and by vote of the Board, approved the continuation of a proclamation of a Local Health Emergency by the Lake County Health Officer due to the Pawnee Fire Incident. The motion carried by the following vote:
Clerk’s notes: Deputy Public Health Officer Erin Gustafson presented the item to the Board. Environmental Health Director Jasjit Kang was present and spoke. Mr. Kang reported that no soil testing has been done on the Pawnee Fire. Environmental Health can assist and coordinate with the landfill for private clean up disposal. Environmental Health Specialist Amir Gholami was present and spoke. Public Services Director Lars Ewing was present reported on the landfill protocol for debris from fire.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.49:10 A.M. - Consideration of Continuing a Proclamation of a Local Health Emergency by the Lake County Health Officer due to the Mendocino Complex Fire
Proclamation
approved — Pass
Carried 5-0 — moved by Scott (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
California Health and Safety Code section 101040 authorizes the local health officer to take any preventive measures that may be necessary to protect and preserve public health from any public hazard during an emergency. The Health Officer of Lake County finds that the Mendocino Complex Fire that started in Mendocino County on July 27, 2018, and spread to Lake County on July 28, 2018 meet the criteria for a Public Health Proclamation. The concurrent fire events have created an imminent threat to public health in Lake County in the form of severely compromised air quality, potential risk to drinking water supply, and potential for contaminated debris from household hazardous waste and materials and structural debris resulting from the potential destruction of structures and this hazardous waste debris poses a substantial present or potential hazard to human health and the environment unless its removal and disposal is performed in a manner that will protect the public health and safety.
Because, as the result of a schedule conflict, I am unable to attend the Board of Supervisors session in person on August 21, 2018, this memo serves as my formal recommendation to continue the Public Health Proclamation.
Lake County Health Services Department Director, Denise Pomeroy, and Environmental Health Director, Jasjit Kang, will be available to field questions on the status of the incident and clean-up activities.
..Recommended Action
RECOMMENDED ACTION:
The County Public Health Officer, respectfully requests that your Board continue the Proclamation of a Local Health Emergency by the Lake County Health Officer due to the Mendocino Complex Fire.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Gary Pace, M.D., Interim Public Health Officer
DATE: August 21, 2018
SUBJECT: 9:10 A.M. - (a) Consideration of Continuing a Proclamation of a Local Health Emergency by the Lake County Health Officer due to the Mendocino Complex Fire
EXECUTIVE SUMMARY:
California Health and Safety Code section 101040 authorizes the local health officer to take any preventive measures that may be necessary to protect and preserve public health from any public hazard during an emergency. The Health Officer of Lake County finds that the Mendocino Complex Fire that started in Mendocino County on July 27, 2018, and spread to Lake County on July 28, 2018 meet the criteria for a Public Health Proclamation. The concurrent fire events have created an imminent threat to public health in Lake County in the form of severely compromised air quality, potential risk to drinking water supply, and potential for contaminated debris from household hazardous waste and materials and structural debris resulting from the potential destruction of structures and this hazardous waste debris poses a substantial present or potential hazard to human health and the environment unless its removal and disposal is performed in a manner that will protect the public health and safety.
Because, as the result of a schedule conflict, I am unable to attend the Board of Supervisors session in person on August 21, 2018, this memo serves as my formal recommendation to continue the Public Health Proclamation.
Lake County Health Services Department Director, Denise Pomeroy, and Environmental Health Director, Jasjit Kang, will be available to field questions on the status of the incident and clean-up activities.
..Recommended Action
RECOMMENDED ACTION:
The County Public Health Officer, respectfully requests that your Board continue the Proclamation of a Local Health Emergency by the Lake County Health Officer due to the Mendocino Complex Fire.
On motion of Supervisor Scott, and by vote of the Board, approved the continuation of a proclamation of a Local Health Emergency by the Lake County Health Officer due to the Mendocino Complex Fire. The motion carried by the following vote:
Clerk’s notes: Deputy County Health Officer Erin Gustafson presented the item to the Board. Environmental Health Director Jasjit Kang reported on the fire debris removal. County Administrative Officer Carol Huchingson 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.
7.59:11 A.M. - (a) Consideration of Continuing a Proclamation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires); and (b) Update and Discussion on the Mendocino Complex - River and Ranch Fires Response and Recovery
Action Item
approved — Pass
Carried 5-0 — moved by Scott (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
Wildland fires known as the River Fire and the Ranch Fire erupted in Mendocino County on July 27, 2018, with considerable forward movement into Lake County causing extreme peril and leading to the evacuation of thousands of Lake County residents. As a result of the occurrence of the River and Ranch Fires, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on July 28, 2018.
The declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect.
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:
Sheriff Martin, as the County Director of Emergency Services, respectfully requests that your Board continue the Proclamation of a Local Emergency for the Mendocino Complex Fire.
Original memo text
..Title
..Body
MEMORANDUM
TO: HONORABLE BOARD OF SUPERVISORS
FROM: Brian Martin, Sheriff/Director of Emergency Services
DATE: August 21, 2018
SUBJECT: (a) Consideration of Continuing a Proclamation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires); and (b) Update and Discussion on the Mendocino Complex - River and Ranch Fires Response and Recovery
EXECUTIVE SUMMARY:
Wildland fires known as the River Fire and the Ranch Fire erupted in Mendocino County on July 27, 2018, with considerable forward movement into Lake County causing extreme peril and leading to the evacuation of thousands of Lake County residents. As a result of the occurrence of the River and Ranch Fires, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on July 28, 2018.
The declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect.
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:
Sheriff Martin, as the County Director of Emergency Services, respectfully requests that your Board continue the Proclamation of a Local Emergency for the Mendocino Complex Fire.
On motion of Supervisor Scott, and by vote of the Board, approved the continuation of a proclamation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires). The motion carried by the following vote:
Clerk’s notes: (a) Sheriff Brian Martin presented the item to the Board. The Mendocino Complex Fire has not been fully contained at this time.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
(b) Cal Fire Incident Management Team Member Bob Farias spoke. The Mendocino Complex fire is still actively burning in the forest. The fire is pushing to the north and northeast. The upcoming weather change will improve conditions. Recovery Coordinator Nathan Spangler reported that the Disaster Recovery Center (DRC) is opening at 9760 Main Street, Upper Lake today. CalOES Regional Administrator Jodi Traversaro stated the preliminary damage assessments start today. Debris clearing for household hazardous waste will be first and foremost. Registrations for FEMA taken at the Disaster Recovery Center are as follows: 82 prior registrations, 276 additional registrations and 117 registrations over the weekend at the Courthouse. A total of 41 inspections have been completed and $385,000 has been issued to survivors to date. Public Information Officer for the Small Business Association, Dave Reets discussed disaster assistance loans for underinsured, uninsured, homeowners and renters. Behavioral Health Administrator Todd Metcalf was present and spoke. FEMA will be offering crisis counseling to disaster survivors. Undersheriff Chris Macedo was present as Sheriff Martin had to be excused.
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.
7.69:12 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to the Pawnee Fire Incident
Action Item
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
A wildland fire known as the Pawnee Fire began in Lake County on June 23, 2018,
originating in the Spring Valley area of Clearlake Oaks, CA, forcing area-wide
evacuations, destroying multiple structures and burning 15,000+ acres.
As a result of the occurrence of the Pawnee Fire, a local emergency was proclaimed by
the Lake County Sheriff/Director of Emergency Services Brian Martin on June 24, 2018.
The Board of Supervisors must confirm the existence of a local emergency within seven
(7) days of that date and every thirty (30) days thereafter.
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:
Sheriff Martin, as the County Director of Emergency Services, respectfully requests that your Board Continues the Proclamation of a Local Emergency Due to the Pawnee Fire Incident.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Brian Martin, Sheriff-Coroner-Director of Emergency Services
DATE: August 21, 2018
SUBJECT: Consideration of Continuing a Proclamation of a Local Emergency due to the Pawnee Fire Incident
EXECUTIVE SUMMARY:
A wildland fire known as the Pawnee Fire began in Lake County on June 23, 2018,
originating in the Spring Valley area of Clearlake Oaks, CA, forcing area-wide
evacuations, destroying multiple structures and burning 15,000+ acres.
As a result of the occurrence of the Pawnee Fire, a local emergency was proclaimed by
the Lake County Sheriff/Director of Emergency Services Brian Martin on June 24, 2018.
The Board of Supervisors must confirm the existence of a local emergency within seven
(7) days of that date and every thirty (30) days thereafter.
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:
Sheriff Martin, as the County Director of Emergency Services, respectfully requests that your Board Continues the Proclamation of a Local Emergency Due to the Pawnee Fire Incident.
On motion of Supervisor Simon, and by vote of the Board, approved the continuation of a proclamation of a Local Emergency due to the Pawnee Fire Incident. The motion carried by the following vote:
Clerk’s notes: Undersheriff Chris Macedo 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.
7.79:13 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to the Sulphur Fire Incident
Action Item
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
A wildland fire known as the Sulphur Fire began in Lake County on October 9, 2017 at approximately 12:55 a.m., originating in the Clearlake Oaks area and progressing on to Clearlake and surrounding areas, destroying structures and burning 1800+acres. As a result of the occurrence of the Sulphur Fire, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on October 9, 2017. The declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect.
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:
Consideration of Continuation of a Proclamation of a Local Emergency Due to the Sulphur Fire Incident
Original memo text
..Title
..Body
MEMORANDUM
TO: HONORABLE BOARD OF SUPERVISORS
FROM: BRIAN MARTIN, Sheriff-Coroner-Director of Emergency Services
DATE: August 21, 2018
SUBJECT: Consideration of Continuation of a Proclamation of a Local Emergency due to the Sulphur Fire Incident
EXECUTIVE SUMMARY:
A wildland fire known as the Sulphur Fire began in Lake County on October 9, 2017 at approximately 12:55 a.m., originating in the Clearlake Oaks area and progressing on to Clearlake and surrounding areas, destroying structures and burning 1800+acres. As a result of the occurrence of the Sulphur Fire, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on October 9, 2017. The declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect.
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:
Consideration of Continuation of a Proclamation of a Local Emergency Due to the Sulphur Fire Incident
On motion of Supervisor Smith, and by vote of the Board, approved the continuation of a proclamation of a Local Emergency due to the Sulphur Fire Incident. The motion carried by the following vote:
Clerk’s notes: Undersheriff Chris Macedo presented to 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.
7.89:14 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to Clayton Fire
Action Item
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
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.
..Recommended Action
RECOMMENDED ACTION:
Consideration of Continuing a Proclamation of a Local Emergency due to Clayton Fire.
Original memo text
..Title
..Body
MEMORANDUM
TO: Jim Steele, Chairman, Board of Supervisors
FROM: Brian Martin, Sheriff/Coroner
DATE: August 21, 2018
SUBJECT: Consideration of Continuing a Proclamation 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.
..Recommended Action
RECOMMENDED ACTION:
Consideration of Continuing a Proclamation of a Local Emergency due to Clayton Fire.
On motion of Supervisor Simon, and by vote of the Board, approved the continuation of a proclamation of a Local Emergency due to Clayton Fire. The motion carried by the following vote:
Clerk’s notes: Undersheriff Chris Macedo presented to 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.
7.99:15 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to the Atmospheric River Storm
Action Item
approved — Pass
Carried 5-0 — moved by Scott (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
On motion of Supervisor Scott, and by vote of the Board, approved the continuation of a proclamation of a Local Emergency due to the Atmospheric River Storm. The motion carried by the following vote:
Clerk’s notes: Undersheriff Chris Macedo presented to 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.
7.109:30 A.M. - (Continued from August 7, 2018) - Consideration of Resolution Declaring the Results of the Majority Protest Proceedings and Establishing the Lake County Tourism Improvement District (LCTID) (THIS ITEM WILL BE CONTINUED TO SEPTEMBER 18, 2018 @ 9:30 A.M.)
Resolution
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
If established, the Lake County Tourism Improvement District (LCTID) is a benefit assessment district proposed to help fund marketing and sales promotion efforts for Lake County, Lakeport, and Clearlake lodging businesses. As your Board is aware, this approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights. The proposed LCTID includes all lodging businesses located within the boundaries of the cities of Lakeport and Clearlake and the unincorporated area of Lake County.
Local hoteliers decided to pursue formation of the LCTID in order to create a dedicated revenue source devoted to marketing Lake County as a tourist, meeting, and events destination. If established, the LCTID would generate approximately $340,000 on an annual basis for promotion of travel and tourism specific to Lake County.
TOURISM IMPROVEMENT DISTRICTS
Tourism Improvement Districts (TIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging and tourism-related business owners to organize their efforts to increase tourism. Lodging business owners within the district fund the TID through non-tax room assessments, and those funds are used to provide services that the businesses desire and that benefit the lodging businesses within the TID.
TID benefits:
� Funds cannot be diverted for other government programs
� They are customized to fit the needs of each destination
� They allow for a wide range of services; including Marketing of the Destination, Tourism Promotion Activities, and Sales Lead Generation
� They are designed, created, and governed by those who will pay the assessment
� They provide a stable funding source for tourism promotion
� Formation of a board representing lodging business owners and hoteliers
In California, TIDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area.
The Management District Plan (Attachment 1) includes the proposed boundary of the LCTID, a service plan and budget and a proposed means of governance. The LCTID will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the cities of Lakeport and Clearlake and the unincorporated area of Lake County.
The proposed LCTID will have a five (5) year life. The assessment will be implemented beginning September 1, 2018. Once per year beginning on the anniversary of LCTID formation there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the LCTID.
The County and cities will be responsible for collecting the assessment on a monthly or quarterly basis from each lodging business located in the LCTID boundaries. The County and cities shall forward the assessments to Visit Lake County California, which will have the responsibility of managing LCTID programs as provided in the Management District Plan. The County and cities shall retain a fee equal to two percent (2%) of the amount of assessment collected to cover their costs of collection and administration.
DISTRICT FORMATION PROCESS
June 19, 2018 RESOLUTION OF INTENTION HEARING (COMPLETED)
Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the Board of Supervisors may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.
Petition Status: Petitions in favor of district formation were submitted by 23 hotels, which represent 58.6% of the total LCTID assessment. This majority petition allows the Board to initiate proceedings for LCTID formation at the June 19, 2018 meeting.
RESOLUTION REQUESTING CONSENT (COMPLETED)
The Property and Business Improvement District Law of 1994 requires the County to obtain the consent of any other jurisdictions that are proposed to be included in the LCTID boundary. Adopting this resolution will formally request the consent of the cities of Lakeport and Clearlake to be included in the LCTID. Each city must grant their consent to be included in the proposed LCTID prior to the final public hearing.
June 22, 2018 NOTICE (COMPLETED)
The Property and Business Improvement District Act of 1994 requires the County mail written notice to the owners of all businesses proposed to be within the LCTID. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest LCTID formation.
July 24, 2018 PUBLIC MEETING (COMPLETED)
Allow public testimony on the establishment of the LCTID and levy of assessments. No Board action required.
August 7, 2018 FINAL PUBLIC HEARING
If written protests are received from the owners of businesses in the proposed LCTID which will pay more than fifty percent (50%) of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Board.
At the conclusion of the public hearing to establish the LCTID, the Board may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them.
If the Board, following the public hearing, decides to establish the proposed LCTID, the Board shall adopt a Resolution of Formation.
FISCAL IMPACT (Narrative):
The County will receive a fee of two percent (2%) of the amount of TID assessment collected within the unincorporated areas to cover the Auditor-Controller's costs of administration.
STAFFING IMPACT (if applicable): None
RESULT OF RECOMMENDED ACTION:
Adoption of this Resolution will result in the formation of the Lake County Tourism Improvement District.
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution Declaring the Results of the Majority Protest Proceedings and Establishing the Lake County Tourism Improvement District.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: August 21, 2018
SUBJECT: (Continued from August 7, 2018) - Consideration of Resolution Declaring the Results of the Majority Protest Proceedings and Establishing the Lake County Tourism Improvement District (LCTID) (THIS ITEM WILL BE CONTINUED TO SEPTEMBER 18, 2018 @ 9:30 A.M.)
EXECUTIVE SUMMARY:
If established, the Lake County Tourism Improvement District (LCTID) is a benefit assessment district proposed to help fund marketing and sales promotion efforts for Lake County, Lakeport, and Clearlake lodging businesses. As your Board is aware, this approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights. The proposed LCTID includes all lodging businesses located within the boundaries of the cities of Lakeport and Clearlake and the unincorporated area of Lake County.
Local hoteliers decided to pursue formation of the LCTID in order to create a dedicated revenue source devoted to marketing Lake County as a tourist, meeting, and events destination. If established, the LCTID would generate approximately $340,000 on an annual basis for promotion of travel and tourism specific to Lake County.
TOURISM IMPROVEMENT DISTRICTS
Tourism Improvement Districts (TIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging and tourism-related business owners to organize their efforts to increase tourism. Lodging business owners within the district fund the TID through non-tax room assessments, and those funds are used to provide services that the businesses desire and that benefit the lodging businesses within the TID.
TID benefits:
� Funds cannot be diverted for other government programs
� They are customized to fit the needs of each destination
� They allow for a wide range of services; including Marketing of the Destination, Tourism Promotion Activities, and Sales Lead Generation
� They are designed, created, and governed by those who will pay the assessment
� They provide a stable funding source for tourism promotion
� Formation of a board representing lodging business owners and hoteliers
In California, TIDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area.
The Management District Plan (Attachment 1) includes the proposed boundary of the LCTID, a service plan and budget and a proposed means of governance. The LCTID will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the cities of Lakeport and Clearlake and the unincorporated area of Lake County.
The proposed LCTID will have a five (5) year life. The assessment will be implemented beginning September 1, 2018. Once per year beginning on the anniversary of LCTID formation there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the LCTID.
The County and cities will be responsible for collecting the assessment on a monthly or quarterly basis from each lodging business located in the LCTID boundaries. The County and cities shall forward the assessments to Visit Lake County California, which will have the responsibility of managing LCTID programs as provided in the Management District Plan. The County and cities shall retain a fee equal to two percent (2%) of the amount of assessment collected to cover their costs of collection and administration.
DISTRICT FORMATION PROCESS
June 19, 2018 RESOLUTION OF INTENTION HEARING (COMPLETED)
Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the Board of Supervisors may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.
Petition Status: Petitions in favor of district formation were submitted by 23 hotels, which represent 58.6% of the total LCTID assessment. This majority petition allows the Board to initiate proceedings for LCTID formation at the June 19, 2018 meeting.
RESOLUTION REQUESTING CONSENT (COMPLETED)
The Property and Business Improvement District Law of 1994 requires the County to obtain the consent of any other jurisdictions that are proposed to be included in the LCTID boundary. Adopting this resolution will formally request the consent of the cities of Lakeport and Clearlake to be included in the LCTID. Each city must grant their consent to be included in the proposed LCTID prior to the final public hearing.
June 22, 2018 NOTICE (COMPLETED)
The Property and Business Improvement District Act of 1994 requires the County mail written notice to the owners of all businesses proposed to be within the LCTID. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest LCTID formation.
July 24, 2018 PUBLIC MEETING (COMPLETED)
Allow public testimony on the establishment of the LCTID and levy of assessments. No Board action required.
August 7, 2018 FINAL PUBLIC HEARING
If written protests are received from the owners of businesses in the proposed LCTID which will pay more than fifty percent (50%) of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Board.
At the conclusion of the public hearing to establish the LCTID, the Board may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them.
If the Board, following the public hearing, decides to establish the proposed LCTID, the Board shall adopt a Resolution of Formation.
FISCAL IMPACT (Narrative):
The County will receive a fee of two percent (2%) of the amount of TID assessment collected within the unincorporated areas to cover the Auditor-Controller's costs of administration.
STAFFING IMPACT (if applicable): None
RESULT OF RECOMMENDED ACTION:
Adoption of this Resolution will result in the formation of the Lake County Tourism Improvement District.
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution Declaring the Results of the Majority Protest Proceedings and Establishing the Lake County Tourism Improvement District.
On motion of Supervisor Smith, and by vote of the Board, approved to continued the item to September 18, 2018 at 9:30 a.m. . The motion carried by the following vote:
Clerk’s notes: Chair Steele presented the item to the Board. County Administrative Officer Carol Huchingson requested the item be continued to September 18, 2018.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.119:31 A.M. - Discussion and Consideration of Draft for Right to Geothermal Exploration and Development Ordinance
Action Item
continued
Staff memo
At my request, staff has drafted the attached Ordinance for our consideration which, if ultimately approved, is intended to reduce the loss to the County of our geothermal resources by limiting the circumstances under which land use conflicts with geothermal industry operations. This Ordinance would also promote a good neighbor policy, requiring notification to owners, purchasers, residents and users of properties adjacent to industry operations of the inherent potential nuisance.
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:
Discussion only.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Rob Brown, 5th District Supervisor
DATE: August 21, 2018
SUBJECT: Discussion and Consideration of Draft for Right to Geothermal Exploration and Development Ordinance
EXECUTIVE SUMMARY:
At my request, staff has drafted the attached Ordinance for our consideration which, if ultimately approved, is intended to reduce the loss to the County of our geothermal resources by limiting the circumstances under which land use conflicts with geothermal industry operations. This Ordinance would also promote a good neighbor policy, requiring notification to owners, purchasers, residents and users of properties adjacent to industry operations of the inherent potential nuisance.
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:
Discussion only.
This item will be continued to September 18, 2018 at 9:45 a.m.
7.129:45 A.M. - PUBLIC HEARING: Consideration of Application for Funding for the Cobb Area Water District Improvements to Water Systems to Improve Water Quality and Fire Suppression Capacity, known as Hill 9&10, Branding Iron Systems Improvements and Summit Area Improvements, under the 2016 Butte and Valley Wildfire Recovery Disaster Notice of Funding Availability (NOFA)
Public Hearing
Adopted — Pass
Staff memo
During the public hearing of May 9th 2017, regarding the availability of funds from the CDBG Valley Wildfire Recovery Disaster NOFA, the Board advised staff and the county CDBG consultant to prepare an application for funding for the Anderson Springs Septic to Sewer project and to prepare funding applications for improvements to the Cobb area water systems impacted by the Valley Fire. The necessary project design and costs have recently been completed for the Cobb Area improvements and are the basis for this funding application to HCD for CDBG Disaster Relief funds in the total amount of $5,597,737. The improved systems will be consolidated under the Cobb Area Water District.
Project Descriptions:
Summit Area
The proposed project involves installation of approximately 15,000 lineal feet of distribution system piping and appurtenances in three portions of the service area. The majority of the new piping is proposed to be installed in the Summit Area where the existing distribution system suffered the most damage during fire recovery efforts. It is also an area where a significant portion of the existing mains are located in inaccessible areas (backyards) and are undersized with marginal fire flow capabilities. These mains will be relocated into the roadway as part of the project. This project will provide safe drinking water and much improved fire protection and standardization for the area.
Hill 9&10 and Branding Iron
The project will consolidate the Hill 9 & 10 and Branding Iron water systems. Neither system currently has adequate storage, treatment or redundant water supplies. The project will increase system reliability by providing storage tank capacity consistent with modern water system requirements. The project will also improve water treatment to conform to current water quality regulations. The project is also intended to improve fire protection in the community.
These projects will improve the sustainability of the communities be increasing fire suppression capacity, the capacity for future growth, and safe drinking water.
The National Objective: CDBG funded projects must meet at least one of three national objectives, this project meets the benefit for low to moderate income households because the projects are in a Census Block area composed of 53% low to moderate income households.
Eligible Activity: The project is a community public facilities improvement project, without which, the homes destroyed in the Valley Fire cannot be rebuilt. The CDBG funding is necessary to fill a gap in the total project funding.
Project Budget Totals:
The grant application is in the total amount of $5,597,737. The County of Lake is applying for the CDBG DR funding and will have responsibility for ensuring the CDBG funds are utilized properly in accordance with the grant agreement between the County and HCD. The County, specifically, Special Districts, will oversee the implementation of the CDBG funding by way of a sub recipient agreement with the Cobb Area Water District. The CAWD is a small operation as indicated by the organizational chart provided with the application and the past three years audit reports. Special Districts will provide technical assistance as needed to the Cobb District as it has done throughout the consolidation feasibility and design process.
The County of Lake has experience with CDBG program administration. Special Districts has in depth experience with implementing large projects using multiple State and Federal funding sources. The County also utilizes a local consulting firm, Community Development Services, for CDBG application and administration assistance and support to County and District staff.
FISCAL IMPACT (Narrative): This is a reimbursable grant. Given the size of the projects and the limited capacity of the local jurisdictions to carry the cost of the projects until HCD reimburses for these costs, we will be requesting fund advances as necessary.
STAFFING IMPACT (if applicable): Through a sub recipient agreement, County Special District and Administrative Office staff will oversee the grant and require the CAWD comply with all CDBG reporting requirements.
..Recommended Action
RECOMMENDED ACTION:
We recommend submittal of the application for CDBG funds by Resolution for the Cobb Area water systems improvements.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: August 21, 2018
SUBJECT: PUBLIC HEARING: Consideration of Application for Funding for the Cobb Area Water District improvements to water systems to improve water quality and fire suppression capacity, known as Hill 9&10, Branding Iron Systems Improvements and Summit Area Improvements, under the 2016 Butte and Valley Wildfire Recovery Disaster Notice of Funding Availability (NOFA)
EXECUTIVE SUMMARY:
During the public hearing of May 9th 2017, regarding the availability of funds from the CDBG Valley Wildfire Recovery Disaster NOFA, the Board advised staff and the county CDBG consultant to prepare an application for funding for the Anderson Springs Septic to Sewer project and to prepare funding applications for improvements to the Cobb area water systems impacted by the Valley Fire. The necessary project design and costs have recently been completed for the Cobb Area improvements and are the basis for this funding application to HCD for CDBG Disaster Relief funds in the total amount of $5,597,737. The improved systems will be consolidated under the Cobb Area Water District.
Project Descriptions:
Summit Area
The proposed project involves installation of approximately 15,000 lineal feet of distribution system piping and appurtenances in three portions of the service area. The majority of the new piping is proposed to be installed in the Summit Area where the existing distribution system suffered the most damage during fire recovery efforts. It is also an area where a significant portion of the existing mains are located in inaccessible areas (backyards) and are undersized with marginal fire flow capabilities. These mains will be relocated into the roadway as part of the project. This project will provide safe drinking water and much improved fire protection and standardization for the area.
Hill 9&10 and Branding Iron
The project will consolidate the Hill 9 & 10 and Branding Iron water systems. Neither system currently has adequate storage, treatment or redundant water supplies. The project will increase system reliability by providing storage tank capacity consistent with modern water system requirements. The project will also improve water treatment to conform to current water quality regulations. The project is also intended to improve fire protection in the community.
These projects will improve the sustainability of the communities be increasing fire suppression capacity, the capacity for future growth, and safe drinking water.
The National Objective: CDBG funded projects must meet at least one of three national objectives, this project meets the benefit for low to moderate income households because the projects are in a Census Block area composed of 53% low to moderate income households.
Eligible Activity: The project is a community public facilities improvement project, without which, the homes destroyed in the Valley Fire cannot be rebuilt. The CDBG funding is necessary to fill a gap in the total project funding.
Project Budget Totals:
The grant application is in the total amount of $5,597,737. The County of Lake is applying for the CDBG DR funding and will have responsibility for ensuring the CDBG funds are utilized properly in accordance with the grant agreement between the County and HCD. The County, specifically, Special Districts, will oversee the implementation of the CDBG funding by way of a sub recipient agreement with the Cobb Area Water District. The CAWD is a small operation as indicated by the organizational chart provided with the application and the past three years audit reports. Special Districts will provide technical assistance as needed to the Cobb District as it has done throughout the consolidation feasibility and design process.
The County of Lake has experience with CDBG program administration. Special Districts has in depth experience with implementing large projects using multiple State and Federal funding sources. The County also utilizes a local consulting firm, Community Development Services, for CDBG application and administration assistance and support to County and District staff.
FISCAL IMPACT (Narrative): This is a reimbursable grant. Given the size of the projects and the limited capacity of the local jurisdictions to carry the cost of the projects until HCD reimburses for these costs, we will be requesting fund advances as necessary.
STAFFING IMPACT (if applicable): Through a sub recipient agreement, County Special District and Administrative Office staff will oversee the grant and require the CAWD comply with all CDBG reporting requirements.
..Recommended Action
RECOMMENDED ACTION:
We recommend submittal of the application for CDBG funds by Resolution for the Cobb Area water systems improvements.
Supervisor Brown offered the Resolution and it was passed by roll call vote:
Clerk’s notes: Contractor Jeff Lucas presented the item to the Board. Special Districts Administrator Jan Coppinger and Cobb Water Company Manager Ben Murphy were present and spoke.
Chair Steele asked if anyone present wished to speak and Tom Slate spoke. No one else wished to speak and the public input portion of this item was closed.
7.1310:00 A.M. - PUBLIC BID OPENING – (Continued from August 14, 2018) 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.
Action Item
approved
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
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
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 and Accept the Highest Responsible Bidder in Compliance with the Terms and Conditions Stated in Resolution 2018-101.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: August 21, 2018
SUBJECT: PUBLIC BID OPENING - (Continued from August 14, 2018) 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.
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 and Accept the Highest Responsible Bidder in Compliance with the Terms and Conditions Stated in Resolution 2018-101.
On motion of Supervisor Smith, and by vote of the Board, approved to close the bid on 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). The motion carried by the following vote:
Ayes: Supervisors Simon, Smith, Scott, Brown and Steele
On motion of Supervisor Steele, and by vote of the Board, accepted the bid as written from the Romero Institute in the amount of $2,500,000. The motion carried by the following vote:
Ayes: Supervisors Simon, Smith, Scott, Brown and Steele
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board. Written and oral bids will be received for this property. Deputy County Administrative Officer Stephen Carter opened and read the one sealed bid received from the Romero Institute in the amount of $2,500,000. Chair Steele asked for any oral bids of at least 5% over the proposed offer. No oral bids were received.
Chair Steele asked if anyone present wished to speak and the following people spoke: Bill Stranger and Tom Slate. No one else 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 a Resolution Adopting the Position of the County of Lake Regarding the Future of Lake Pillsbury and the Potter Valley Project on the Eel River
Resolution
Adopted, as amended — Pass
Staff memo
EXECUTIVE SUMMARY:
As you are aware, the Potter Valley Project is a hydroelectric and inter-basin water transfer project presently owned and operated by PG&E. Among its components is Scott Dam, which created Lake Pillsbury from headwaters sourced in the Mendocino National Forest.
You may also be aware that PG&E informed the Eel-Russian River Commission May 10, 2018, that they intend to sell the Potter Valley Project. This process is still in relatively early stages, but I believe it is important that our Board adopt a position statement regarding the future of the project, and particularly the maintenance of Scott Dam and Lake Pillsbury, which supports the recreation economy of North Lake County.
I am our Board's representative on the Eel-Russian River Commission and Congressman Jared Huffman's Potter Valley Project Ad Hoc Committee, both of which will be important advisory bodies on the future of the Potter Valley Project.
Any proposals to purchase the project will ultimately be submitted and reviewed through public processes by the California Public Utilities Commission and the Federal Energy Regulatory Commission, and our Board will have further opportunities to weigh in through those processes.
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:
Adopt the Resolution Adopting the Position of the County of Lake Regarding the
Future of Lake Pillsbury and the Potter Valley Project on the Eel River.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Jim Steele, District 3 Supervisor
DATE: August 21, 2018
SUBJECT: Consideration of a Resolution Adopting the Position of the County of Lake Regarding the Future of Lake Pillsbury and the Potter Valley Project on the Eel River
EXECUTIVE SUMMARY:
As you are aware, the Potter Valley Project is a hydroelectric and inter-basin water transfer project presently owned and operated by PG&E. Among its components is Scott Dam, which created Lake Pillsbury from headwaters sourced in the Mendocino National Forest.
You may also be aware that PG&E informed the Eel-Russian River Commission May 10, 2018, that they intend to sell the Potter Valley Project. This process is still in relatively early stages, but I believe it is important that our Board adopt a position statement regarding the future of the project, and particularly the maintenance of Scott Dam and Lake Pillsbury, which supports the recreation economy of North Lake County.
I am our Board's representative on the Eel-Russian River Commission and Congressman Jared Huffman's Potter Valley Project Ad Hoc Committee, both of which will be important advisory bodies on the future of the Potter Valley Project.
Any proposals to purchase the project will ultimately be submitted and reviewed through public processes by the California Public Utilities Commission and the Federal Energy Regulatory Commission, and our Board will have further opportunities to weigh in through those processes.
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 the Resolution Adopting the Position of the County of Lake Regarding the
Future of Lake Pillsbury and the Potter Valley Project on the Eel River.
Supervisor Smith offered the Resolution, as amended to include all Board signatures, and it was passed by roll call 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.
8.3Consideration of Argument in Favor of a Cannabis Business Tax Ballot Measure for the November 4, 2018 Election
Action Item
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
EXECUTIVE SUMMARY:
Earlier this month, our Board took the necessary actions to place a Cannabis Business Tax measure on the upcoming election ballot for voters to decide. I am recommending we also consider and approve an Argument in Favor of said Cannabis Business Tax measure for publication in the November 4, 2018 ballot.
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 Argument in Favor of said Cannabis Business Tax measure for the November 4, 2018 ballot.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Jim Steele, Chairman, 3rd District Supervisor
DATE: August 21, 2018
SUBJECT: Consideration of Argument in Favor of a Cannabis Business Tax ballot measure for the November 4, 2018 Election
EXECUTIVE SUMMARY:
Earlier this month, our Board took the necessary actions to place a Cannabis Business Tax measure on the upcoming election ballot for voters to decide. I am recommending we also consider and approve an Argument in Favor of said Cannabis Business Tax measure for publication in the November 4, 2018 ballot.
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 Argument in Favor of said Cannabis Business Tax measure for the November 4, 2018 ballot.
On motion of Supervisor Simon, and by vote of the Board, approved the Argument in Favor of a Cannabis Business Tax Ballot Measure for the November 4, 2018 Election. 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.
8.4Consideration of an Urgency Interim Ordinance Authorizing a Temporary Deferral of Certain Provisions of Section 21-27.3, Subdivision (P) due to the Pawnee, River and Ranch Fires
Action Item
not acted on
Staff memo
Staff is requesting the Board of Supervisors approve the attached interim urgency ordinance to defer certain provisions of the Lake County Zoning Ordinance pertaining to occupancy of recreational vehicles as temporary dwellings, due to the Pawnee, River and Ranch Fire. The Zoning Ordinance does not allow for occupancy of temporary dwellings until such time that a building permit has been issued for construction of a new home, and either the foundation or septic system is constructed. The property will need to be cleaned prior to issuance of a temporary dwelling permit.
Staff believes that a limited deferral of the existing requirement that a building permit first be obtained for the replacement home prior to approval of a temporary dwelling should be made for victims of the Pawnee, River and Ranch Fire and the site is inspected and deemed adequate for an RV occupancy. Verification of approval from the applicable water, sewer and from Environmental Heath will be required as part of the application process.
Temporary deferral of the Zoning Ordinance provisions, as recommended, will also help reduce the demand for RV park spaces, which are in short supply. Also, staff is only recommending the deferral not exceed one (1) year unless an extension of this ordinance is granted by the Board. The purpose of the deferment is to acknowledge the additional recovery time owners of may require while still ensuring that the rebuilding of these communities will ultimately be consistent with the County's General Plan and any applicable area plans. Once these property owners obtain building permits to reconstruct their homes, the normal provisions applicable to Temporary Occupancy Permits will be applied, with a Zoning Permit issued along with the building permit for the home.
Section 25123 of the California Government Code provides, in pertinent part:
"All ordinances shall become effective 30 days from the date of final passage, except the following ordinances, which shall take effect immediately:
(d) Those for the immediate preservation of the public peace, health, or safety, which shall contain a declaration of the facts constituting the urgency, and shall be passed by a four-fifths vote of the Board of Supervisors."
Findings in Support of Temporary Deferral of the Temporary Dwelling Permit Provisions of Section 21-27.3(p) of the Lake County Zoning Ordinance:
Deferral is necessary for the immediate preservation of the public peace, health and safety within the County devastated by the Pawnee, River and Ranch Fires. On-site occupancy can be accommodated safely, which will allow property owners the ability to begin recovery efforts by allowing property owners to restore their properties.
There is a shortage of local rental housing and existing recreational vehicle park capacity in Lake County. Allowing property owners to live on their parcels, when conditions are deemed safe, will reduce demand of local RV parks.
ATTACHMENT:
1. Proposed Interim Urgency Ordinance
2. Section 27.3(p) of Lake County Zoning Ordinance
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board adopt the Urgency Interim Ordinance for Deferral of the Temporary Dwelling Permit Provision due to the Pawnee, River and Ranch Fires.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Michalyn DelValle, Community Development Director
DATE: August 21, 2018
SUBJECT: Consideration of an Urgency Interim Ordinance for Deferral of the Temporary Dwelling Permit Provision due to the Pawnee, River and Ranch Fires
EXECUTIVE SUMMARY:
Staff is requesting the Board of Supervisors approve the attached interim urgency ordinance to defer certain provisions of the Lake County Zoning Ordinance pertaining to occupancy of recreational vehicles as temporary dwellings, due to the Pawnee, River and Ranch Fire. The Zoning Ordinance does not allow for occupancy of temporary dwellings until such time that a building permit has been issued for construction of a new home, and either the foundation or septic system is constructed. The property will need to be cleaned prior to issuance of a temporary dwelling permit.
Staff believes that a limited deferral of the existing requirement that a building permit first be obtained for the replacement home prior to approval of a temporary dwelling should be made for victims of the Pawnee, River and Ranch Fire and the site is inspected and deemed adequate for an RV occupancy. Verification of approval from the applicable water, sewer and from Environmental Heath will be required as part of the application process.
Temporary deferral of the Zoning Ordinance provisions, as recommended, will also help reduce the demand for RV park spaces, which are in short supply. Also, staff is only recommending the deferral not exceed one (1) year unless an extension of this ordinance is granted by the Board. The purpose of the deferment is to acknowledge the additional recovery time owners of may require while still ensuring that the rebuilding of these communities will ultimately be consistent with the County's General Plan and any applicable area plans. Once these property owners obtain building permits to reconstruct their homes, the normal provisions applicable to Temporary Occupancy Permits will be applied, with a Zoning Permit issued along with the building permit for the home.
Section 25123 of the California Government Code provides, in pertinent part:
"All ordinances shall become effective 30 days from the date of final passage, except the following ordinances, which shall take effect immediately:
(d) Those for the immediate preservation of the public peace, health, or safety, which shall contain a declaration of the facts constituting the urgency, and shall be passed by a four-fifths vote of the Board of Supervisors."
Findings in Support of Temporary Deferral of the Temporary Dwelling Permit Provisions of Section 21-27.3(p) of the Lake County Zoning Ordinance:
Deferral is necessary for the immediate preservation of the public peace, health and safety within the County devastated by the Pawnee, River and Ranch Fires. On-site occupancy can be accommodated safely, which will allow property owners the ability to begin recovery efforts by allowing property owners to restore their properties.
There is a shortage of local rental housing and existing recreational vehicle park capacity in Lake County. Allowing property owners to live on their parcels, when conditions are deemed safe, will reduce demand of local RV parks.
ATTACHMENT:
1. Proposed Interim Urgency Ordinance
2. Section 27.3(p) of Lake County Zoning Ordinance
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board adopt the Urgency Interim Ordinance for Deferral of the Temporary Dwelling Permit Provision due to the Pawnee, River and Ranch Fires.
No action necessary.
Clerk’s notes: Community Development Director Michalyn DelValle presented the item to the Board. The Governor's Executive Order B5318 states an urgency ordinance is not necessary for temporary dwellings. An Urgency Ordinance is not necessary at this time.
8.5(Second Reading) Consideration of an 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
Adopted — Pass
Staff memo
Attached hereto is an 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 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.
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Original memo text
..Title
..Body
MEMORANDUM
TO: HONORABLE BOARD OF SUPERVISORS
FROM: ANITA L. GRANT, County Counsel
DATE: August 21, 2018
SUBJECT: (Second Reading) Consideration of an 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 hereto is an 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 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.
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Supervisor Smith offered the Ordinance and it passed by roll call vote:
Clerk’s notes: County Counsel Anita Grant presented the item.
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.
8.6Consideration of Findings of Fact and Final Decision in the Appeal of Patrick Smythe of the Planning Commission's approval of Deviation DV 16-01 for Parcel Map PM 15-03 (AB 18-01)
Action Item
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
EXECUTIVE SUMMARY:
Pursuant to your Board's statement of Intended Decision in the above matter on July 10, 2018, I have prepared the attached Findings of Fact and Decision to support your Board's intended decision. At that time, your Board's vote was unanimously in favor of granting the appeal in part and denying it in part.
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
If the Findings of Fact are acceptable to you, I would recommend that you take the following two actions:
1. Move to approve the Findings of Fact and authorize the Chair to Sign; and
2. Move to grant the appeal in part and to deny it in part.
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Board of Supervisors
FROM: Anita L. Grant, County Counsel
DATE: August 21, 2108
SUBJECT: Consideration of Findings of Fact and Final Decision in the Appeal of Patrick Smythe of the Planning Commission's approval of Deviation DV 16-01 for Parcel Map PM 15-03 (AB 18-01)
EXECUTIVE SUMMARY:
Pursuant to your Board's statement of Intended Decision in the above matter on July 10, 2018, I have prepared the attached Findings of Fact and Decision to support your Board's intended decision. At that time, your Board's vote was unanimously in favor of granting the appeal in part and denying it in part.
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
If the Findings of Fact are acceptable to you, I would recommend that you take the following two actions:
1. Move to approve the Findings of Fact and authorize the Chair to Sign; and
2. Move to grant the appeal in part and to deny it in part.
On motion of Supervisor Simon, and by vote of the Board, approved in part and denied in part the Findings of Fact and Final Decision in the Appeal of Patrick Smythe of the Planning Commission's approval of Deviation DV 16-01 for Parcel Map PM 15-03 (AB 18-01). The motion carried by the following vote:
Clerk’s notes: County Counsel Anita Grant 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.
8.7Consideration of (a) the Submission of the FY18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Application in the amount of $14,255, to provide funding for an extra help employee to assist with forensic processing and data collection services; and (b) authorize the County Administrative Officer to sign all grant documents for the FY17 and FY18 JAG grants
Action Item
approved — Pass
Carried 5-0 — moved by Brown (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
EXECUTIVE SUMMARY: The Lake County Sheriff's Department is applying for a grant available from the US Department of Justice that provides funding through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $14,255.
The Sheriff's Department will use this funding for personnel to assist the Evidence Division with forensic processing and data collection services. This funding will provide the money needed for advancing technology improvements within this section of law enforcement. This work will be done by an extra help employee. The current grant has a two year grant cycle.
The FY17 Edward Byrne Memorial Justice Assistant Grant (JAG) Program Application was approved on August 22, 2017 (17-756), however the Certification of Compliance and Grant Assurance documents were not signed at that time and are attached for approval.
Please authorize the County Administrative Officer Carol J. Huchingson to sign the Grant Award and Special Conditions and provide a minute order for FY18 JAG and to sign the Grant Assurances for FY17. Each page of the grant assurances must be initialed in blue ink.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Funds will be allocated at the time of grant award. There is still discussion as to whether these funds will be released to California.
STAFFING IMPACT (if applicable): These funds provide funding for a Records Technician assigned to the Evidence Division.
..Recommended Action
RECOMMENDED ACTION: The Lake County Sheriff's Office recommends approval for the submission of the FY18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program application in the amount of $14,255, to provide funding for an extra help employee to assist with forensic processing and data collection services; and authorize the County Administrative Officer to sign all grant documents for the FY17 and FY18 JAG grants.
Original memo text
..Title
..Body
MEMORANDUM
TO: Jim Steele, Chairman, Board of Supervisors
FROM: Brian L. Martin, Sheriff/Coroner
DATE: August 21, 2018
SUBJECT: Consideration of Submission of the FY18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Application in the amount of $14,255, to provide funding for an extra help employee to assist with forensic processing and data collection services; and authorize the County Administrative Officer to sign all grant documents for the FY17 and FY18 JAG grants
EXECUTIVE SUMMARY: The Lake County Sheriff's Department is applying for a grant available from the US Department of Justice that provides funding through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $14,255.
The Sheriff's Department will use this funding for personnel to assist the Evidence Division with forensic processing and data collection services. This funding will provide the money needed for advancing technology improvements within this section of law enforcement. This work will be done by an extra help employee. The current grant has a two year grant cycle.
The FY17 Edward Byrne Memorial Justice Assistant Grant (JAG) Program Application was approved on August 22, 2017 (17-756), however the Certification of Compliance and Grant Assurance documents were not signed at that time and are attached for approval.
Please authorize the County Administrative Officer Carol J. Huchingson to sign the Grant Award and Special Conditions and provide a minute order for FY18 JAG and to sign the Grant Assurances for FY17. Each page of the grant assurances must be initialed in blue ink.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Funds will be allocated at the time of grant award. There is still discussion as to whether these funds will be released to California.
STAFFING IMPACT (if applicable): These funds provide funding for a Records Technician assigned to the Evidence Division.
..Recommended Action
RECOMMENDED ACTION: The Lake County Sheriff's Office recommends approval for the submission of the FY18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program application in the amount of $14,255, to provide funding for an extra help employee to assist with forensic processing and data collection services; and authorize the County Administrative Officer to sign all grant documents for the FY17 and FY18 JAG grants.
On motion of Supervisor Brown, and by vote of the Board, approved the Submission of the FY18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Application in the amount of $14,255, to provide funding for an extra help employee to assist with forensic processing and data collection services; and authorized the County Administrative Officer to sign all grant documents for the FY17 and FY18 JAG grants. The motion carried by the following vote:
Clerk’s notes: Sheriff Brian Martin 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.
9. Closed Session
9.1Public Employee Appointment Pursuant to Gov. Code Section 54957(b)(1):
Interviews of Interim Public Health Officer
Closed Session Item
9.2Conference 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
approved — Pass
Carried 5-0 — moved by Scott (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
The Board reconvened into Regular Session at 11:17 a.m. having taken the following action:
On motion of Supervisor Scott, and by vote of the Board, approved to initiate litigation by joining in the existing class action with other Federal PILT (Payment in Lieu of Taxes) recipients of Kane County v. United States to recover underpaid federal monies. The motion carried by the following vote: