Board Of Supervisors — Tuesday, September 18, 2018
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1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Consideration of Extra Items Not Appearing on the Posted Agenda
5. Current Construction Projects - Contract Change Orders
6. Approval of the Consent Agenda
6.1Adopt Proclamation Declaring September 28, 2018 as Native American Day in Lake County, California
Proclamation
passed on consent
6.2Approve Minutes of the Board of Supervisors meetings held August 21, 2018 and August 28, 2018
Minutes
passed on consent
6.3Adopt Resolution Fixing Tax Rates for Local Agencies, General Obligation Bonds and Other Voter Approved Indebtedness for Fiscal Year 18/19
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY:
Per Government Code �29100 the board shall adopt by resolution the rates of taxes on the secured roll. These rates shall not exceed the 1-percent limited specified in Article XIII A of the Constitution and Sections 93 and 100 of the Revenue and Taxation Code.
For all voter-approved indebtedness, the board shall adopt a rate sufficient to satisfy debt service requirements, including any necessary reserves. Voter-approved indebtedness rates are calculated annually by the Auditor-Controller and are available for review upon request. Those local jurisdictions surrounding Lake County with overlapping areas, such as community colleges, provide rates to the Auditor-Controller for submittal to your Board.
Submitted for your review and approval are the tax rates for the 2018/2019 property tax year.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Partial Cost Recovery
STAFFING IMPACT (if applicable): Annual process performed by Property Tax Division of Auditor-Controller/County Clerk.
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution Fixing Tax Rates for Local Agencies, General Obligation Bonds and Other Voter Approved Indebtedness for Fiscal Year 2018/19.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Cathy Saderlund
Auditor-Controller
DATE: September 10, 2018
SUBJECT: Resolution Fixing Tax Rates for Local Agencies, General Obligation Bonds and Other Voter Approved Indebtedness for Fiscal Year 2018/2019
EXECUTIVE SUMMARY:
Per Government Code �29100 the board shall adopt by resolution the rates of taxes on the secured roll. These rates shall not exceed the 1-percent limited specified in Article XIII A of the Constitution and Sections 93 and 100 of the Revenue and Taxation Code.
For all voter-approved indebtedness, the board shall adopt a rate sufficient to satisfy debt service requirements, including any necessary reserves. Voter-approved indebtedness rates are calculated annually by the Auditor-Controller and are available for review upon request. Those local jurisdictions surrounding Lake County with overlapping areas, such as community colleges, provide rates to the Auditor-Controller for submittal to your Board.
Submitted for your review and approval are the tax rates for the 2018/2019 property tax year.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Partial Cost Recovery
STAFFING IMPACT (if applicable): Annual process performed by Property Tax Division of Auditor-Controller/County Clerk.
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution Fixing Tax Rates for Local Agencies, General Obligation Bonds and Other Voter Approved Indebtedness for Fiscal Year 2018/19.
6.4Adopt Resolution Authorizing the County to Participate in the One-Time Homeless Mentally Ill Outreach and Treatment Funding Opportunity Available as a Result of SB840 (Chapter 29, Statutes of 2018)
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY: As California's Governor Brown and the California Legislature have recognized the critical need for funding at the local level to combat homelessness, $50 million dollars in one-time funding for Fiscal Year 2018-19 has been allocated to counties for Homeless Mentally Ill Outreach Treatment. Counties have been directed to leverage these funds in combination with any and all existing funding resources in order to maximize the impact of the Homeless Mentally Ill Outreach and Treatment allocation.
The County of Lake affirms the county's commitment to combatting homelessness and improving outreach and treatment for those living with severe mental illness in our communities of Lake County. The monies will be used to augment existing Mental Health Services Act housing dollars in addition to future "No Place Like Home" funds to support the construction of a 30-40 unit housing project to service homeless, mentally ill at risk individuals.
FISCAL IMPACT: __ None __Budgeted _X_Non-Budgeted
Funds Available: $200,000
FISCAL IMPACT (Narrative): These funds will be used to augment existing dollars that have been set aside for housing projects.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Adopt Resolution Authorizing the County to Participate in the One-Time Homeless Mentally Ill Outreach and Treatment Funding Opportunity Available as a Result of SB840 (Chapter 29, Statutes of 2018).
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Todd Metcalf
Behavioral Health Administrator
DATE: September 18, 2018
SUBJECT: Adopt Resolution Authorizing the County to Participate in the One-Time Homeless Mentally Ill Outreach and Treatment Funding Opportunity Available as a Result of SB840 (Chapter 29, Statutes of 2018)
EXECUTIVE SUMMARY: As California's Governor Brown and the California Legislature have recognized the critical need for funding at the local level to combat homelessness, $50 million dollars in one-time funding for Fiscal Year 2018-19 has been allocated to counties for Homeless Mentally Ill Outreach Treatment. Counties have been directed to leverage these funds in combination with any and all existing funding resources in order to maximize the impact of the Homeless Mentally Ill Outreach and Treatment allocation.
The County of Lake affirms the county's commitment to combatting homelessness and improving outreach and treatment for those living with severe mental illness in our communities of Lake County. The monies will be used to augment existing Mental Health Services Act housing dollars in addition to future "No Place Like Home" funds to support the construction of a 30-40 unit housing project to service homeless, mentally ill at risk individuals.
FISCAL IMPACT: __ None __Budgeted _X_Non-Budgeted
Funds Available: $200,000
FISCAL IMPACT (Narrative): These funds will be used to augment existing dollars that have been set aside for housing projects.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Adopt Resolution Authorizing the County to Participate in the One-Time Homeless Mentally Ill Outreach and Treatment Funding Opportunity Available as a Result of SB840 (Chapter 29, Statutes of 2018).
6.5(a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; (b) Approve the Agreement between the County of Lake and Frank SmithWaters for Patient Rights Advocacy for FY 2018-19 for a contract maximum of $45,000, and authorize the Board Chair to sign the Agreement.
Agreement
passed on consent
Staff memo
FISCAL IMPACT (Narrative): The total amount budgeted for Frank SmithWaters is $45,000 of which LCBH is requesting approval of the Agreement for Fiscal Year 2018-19 for a contract maximum of $45,000.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; (b) Approve the Agreement between the County of Lake and Frank SmithWaters for Patient Rights Advocacy for FY 2018-19 for a contract maximum of $45,000, and authorize the Board Chair to sign the Agreement.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Todd Metcalf
Behavioral Health Administrator
DATE: September 18, 2018
SUBJECT: SUBJECT: (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; (b) Approve the Agreement between the County of Lake and Frank SmithWaters for Patient Rights Advocacy for FY 2018-19 for a contract maximum of $45,000, and authorize the Board Chair to sign the Agreement.
EXECUTIVE SUMMARY: Attached, for your approval, is the Agreement between the County of Lake and Frank SmithWaters for Patient Rights Advocacy. Contractor is obligated to spend an average of sixty five (65) hours per month on patient rights activities for Lake County residents.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Original Contract: $45,000
Amount Budgeted: $45,000
FISCAL IMPACT (Narrative): The total amount budgeted for Frank SmithWaters is $45,000 of which LCBH is requesting approval of the Agreement for Fiscal Year 2018-19 for a contract maximum of $45,000.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; (b) Approve the Agreement between the County of Lake and Frank SmithWaters for Patient Rights Advocacy for FY 2018-19 for a contract maximum of $45,000, and authorize the Board Chair to sign the Agreement.
6.6(a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; (b) Approve the Agreement between County of Lake and Kings View Corporation for Professional Consulting Services for Fiscal Year 2018-19 for a contract maximum amount of $76,740 and to authorize the Board Chair to sign the Agreement.
Action Item
passed on consent
Staff memo
BACKGROUND AND SUMMARY: Kings View Corporation is experienced in the maintenance and utilization of the electronic health record program Anasazi which is the electronic health record utilized by Lake County Behavioral Health (LCBH). Kings View Corporation has the expertise to provide training on all aspects of this program and they will provide support services for State-mandated cost reporting for the following years:
Mental Health
Fiscal Year 14/15, 15/16, 16/17, and 17/18
Substance Use Disorder
Fiscal Years 16/17 and 17/18
Mental Health Services Act RER
Fiscal Years 16/17 and 10/11
FISCAL IMPACT: __ None X_Budgeted __Non-Budgeted
Original Contract: $76,740
Amount Budgeted: $76,740
FISCAL IMPACT (Narrative): The total amount budgeted for Kings View Corporation for Fiscal Year 2018-19 is $76,740 of which LCBH is requesting approval of the Agreement with Kings View Corporation for Fiscal Year 2018-19 for a contract maximum of $76,740.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; (b) Approve the Agreement between County of Lake and Kings View Corporation for Professional Consulting Services for Fiscal Year 2018-19 for a contract maximum amount of $76,740 and to authorize the Board Chair to sign the Agreement.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Todd Metcalf
Behavioral Health Administrator
DATE: September 18, 2018
SUBJECT: Approve the Agreement between County of Lake and Kings View Corporation for Support Services for State Mandated Cost Reporting for Fiscal Year 2018-19 in the amount of $76,740 and authorize the Board Chair to sign the Agreement.
EXECUTIVE SUMMARY: Attached, for your approval, the Agreement between County of Lake and Kings View Corporation for support services for State Mandated Cost Reporting for Fiscal Year 2018-19.
BACKGROUND AND SUMMARY: Kings View Corporation is experienced in the maintenance and utilization of the electronic health record program Anasazi which is the electronic health record utilized by Lake County Behavioral Health (LCBH). Kings View Corporation has the expertise to provide training on all aspects of this program and they will provide support services for State-mandated cost reporting for the following years:
Mental Health
Fiscal Year 14/15, 15/16, 16/17, and 17/18
Substance Use Disorder
Fiscal Years 16/17 and 17/18
Mental Health Services Act RER
Fiscal Years 16/17 and 10/11
FISCAL IMPACT: __ None X_Budgeted __Non-Budgeted
Original Contract: $76,740
Amount Budgeted: $76,740
FISCAL IMPACT (Narrative): The total amount budgeted for Kings View Corporation for Fiscal Year 2018-19 is $76,740 of which LCBH is requesting approval of the Agreement with Kings View Corporation for Fiscal Year 2018-19 for a contract maximum of $76,740.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; (b) Approve the Agreement between County of Lake and Kings View Corporation for Professional Consulting Services for Fiscal Year 2018-19 for a contract maximum amount of $76,740 and to authorize the Board Chair to sign the Agreement.
6.7Approve Plans and Specifications for the Lower Lake Maintenance Facility Project, Bid No. 18-10; and authorize the Public Services Director/Assistant Purchasing Agent to advertise for bids
Action Item
passed on consent
Staff memo
The Plans and Specifications for the construction of the Lower Lake parks maintenance facility that was destroyed in the Clayton Fire are complete and a copy has been filed with the Clerk of the Board.
Staff recommends that the Board of Supervisors approve the Plans and Specifications and authorize the Public Services Director/ Assistant Purchasing Agent to advertise for bids.
NOTE: To minimize reproduction costs, the original documents are attached to the Clerk's copy of the original cover memo and only a copy of this memo is furnished to each individual board member
FISCAL IMPACT: __ None Budgeted __Non-Budgeted
Amount Budgeted: $600,000.00
Additional Requested: 0
Annual Cost (if planned for future years): 0
FISCAL IMPACT (Narrative): The construction cost estimate is $600,000.00. Funding for the project is anticipated to be provided on by the County's insurance carrier as reimbursement for expenditures. Appropriations for the project are included in the FY 18-19 Parks and Recreation budget.
STAFFING IMPACT (if applicable): N/A
RECOMMENDED ACTION:
Approve Plans and Specifications for the Lower Lake Maintenance Facility Project, Bid No. 18-10; and authorize the Public Services Director/Assistant Purchasing Agent to advertise for bids.
Original memo text
MEMORANDUM
TO: Board of Supervisors
FROM: Lars Ewing, Public Services Director
DATE: September 18, 2018
SUBJECT: Approve Plans and Specifications for the Lower Lake Maintenance Facility Project, Bid No. 18-10; and authorize the Public Services Director/Assistant Purchasing Agent to advertise for bids
EXECUTIVE SUMMARY: corrected 9/17/18
The Plans and Specifications for the construction of the Lower Lake parks maintenance facility that was destroyed in the Clayton Fire are complete and a copy has been filed with the Clerk of the Board.
Staff recommends that the Board of Supervisors approve the Plans and Specifications and authorize the Public Services Director/ Assistant Purchasing Agent to advertise for bids.
NOTE: To minimize reproduction costs, the original documents are attached to the Clerk's copy of the original cover memo and only a copy of this memo is furnished to each individual board member
FISCAL IMPACT: __ None Budgeted __Non-Budgeted
Estimated Cost: $600,000.00
Amount Budgeted: $600,000.00
Additional Requested: 0
Annual Cost (if planned for future years): 0
FISCAL IMPACT (Narrative): The construction cost estimate is $600,000.00. Funding for the project is anticipated to be provided on by the County's insurance carrier as reimbursement for expenditures. Appropriations for the project are included in the FY 18-19 Parks and Recreation budget.
STAFFING IMPACT (if applicable): N/A
RECOMMENDED ACTION:
Approve Plans and Specifications for the Lower Lake Maintenance Facility Project, Bid No. 18-10; and authorize the Public Services Director/Assistant Purchasing Agent to advertise for bids.
6.8Approve Amendment One to the Agreement for Engineering Services for Replacement of Clover Creek Bridge at First Street (14C-0015) in Lake County, CA, with Quincy Engineering, Inc., in the amount not to exceed $420,907.51 (an increase of $58,978.41) and authorize the Chair to sign
Agreement
passed on consent
approved — Pass
Carried 5-0 — moved by Scott (recovered from the archived minutes by OCR)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
This project is 100% funded for construction with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds.
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Approve Amendment One to the Agreement for Engineering Services for Replacement of Clover Creek Bridge at First Street (14C-0015) in Lake County, CA, with Quincy Engineering, Inc., in the amount not to exceed $420,907.51 (an increase of $58,978.41) and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: September 18, 2018
SUBJECT: Approve Amendment One to the Agreement for Engineering Services for Replacement of Clover Creek Bridge at First Street (14C-0015) in Lake County, CA, with Quincy Engineering, Inc., in the amount not to exceed $420,907.51 (an increase of $58,978.41) and authorize the Chair to sign
EXECUTIVE SUMMARY:
On February 28, 2017, the County of Lake entered into an agreement with Quincy Engineering to provide preliminary and final design, environmental services, right of way, bidding, and construction assistance services in order to replace the Clover Creek Bridge at First Street (14C-0015).
As the design development has progressed, it has become evident that certain items will require further consideration and additional effort will be needed in order to address these items. Additional effort will be required in order to develop supplemental reports for cultural studies (ASR/HPSR reports) as required by Caltrans; to perform pick-up surveys which are needed in order to evaluate impacts on sidewalks, parking, and driveways; to prepare and submit a permit application to Central Valley Flood Protection Board which has determined that the project falls under their jurisdiction; and to address Central Valley Regional Water Quality Control Board requirements for Phase II Small MS4 permit through a Stormwater Control Plan and implementation of post-construction water quality treatment design.
This amendment will provide for the additional effort as described above. Caltrans has concurred with this amendment and associated costs are eligible for reimbursement. As a result of this amendment, the contract amount will be increased by a net amount of $58,978.41.
This project is 100% funded for construction with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds.
Staff recommends that the Board of Supervisors approve Amendment One to the Agreement for Engineering Services for Replacement of Clover Creek Bridge at First Street (14C-0015) in Lake County, CA, with Quincy Engineering, Inc., in the amount not to exceed $420,907.51 (an increase of $58,978.41) and authorize the Chairman to execute said Amendment.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: $58,907.51
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
This project is 100% funded for construction with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds.
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Approve Amendment One to the Agreement for Engineering Services for Replacement of Clover Creek Bridge at First Street (14C-0015) in Lake County, CA, with Quincy Engineering, Inc., in the amount not to exceed $420,907.51 (an increase of $58,978.41) and authorize the Chair to sign.
On motion of Supervisor Scott, and by vote of the Board, approved Consent Agenda Items 6.1 through 6.8. The motion carried by the following vote:
7. Timed Items
7.19:00 A.M. - THERE WILL BE A REQUEST TO CONTINUE THIS ITEM TO SEPTEMBER 25, 2018 @ 10:15 A.M. - PUBLIC HEARING - Consideration of the Final Recommended Budget for Fiscal Year 2018/2019 for the County of Lake and Special Districts Governed by the Board of Supervisors
Public Hearing
continued — Pass
Staff memo
I am pleased to present, for your consideration, the FY 2018-19 Final Recommended Budget. While the State's economic environment has improved from the time of the Great Recession, Lake County's is still severely challenged fiscally as a result of slow recovery from the recession and the unprecedented series of disasters including:
� Rocky Fire - 2015
� Jerusalem Fire - 2015
� Valley Fire - 2015
� Clayton Fire - 2016
� Winter Storm Event of 2017
� Sulphur Fire - 2017
� Pawnee Fire - 2018
� River Fire - 2018
� Ranch Fire - 2018
The County budget is also constrained by ten (10) years of stagnate revenue and the mandated increases in retirement contributions and minimum wage rates which will surpass entry level salaries and must be addressed. Consistent with recent budgets, the FY 2018-19 budget provides very little additional discretionary revenue to support new positions or new initiatives. In fact, General Fund appropriations reflect only a 3/10ths of 1% increase over the prior year. Consequently, the net County cost of General Fund budgets remains relatively unchanged from prior year(s). The cost of any new General Fund positions were, therefore, absorbed within previous year's funding levels.
While the near-term outlook may be appear bleak, the budget reflects focus on long-term solutions, addressing both budgetary and staffing requirements by investing in operational efficiencies and replenishing reserves. In order to strengthen revenue, the budget continues to emphasize the ongoing administration of the Master Fee Schedule and provides for continuation of the recently implemented grant-writing positon.
The budget provides for consultant support to identify opportunities for improved operational efficiencies in departments. The total classification and compensation study is also expected to contribute to this goal. Another essential component to enhancing operational efficiency is to invest in upgraded technological systems through our Technology Modernization Reserve.
In addition to strengthening revenue streams and identifying operational efficiencies, planning for the future also necessitates addressing future increases in the cost of retirement contributions. Although the exact fund balance is still pending at this time, our high number of vacant positions is likely to provide sufficient unassigned fund balance carryover to provide additional funding to the Pension Stabilization Reserve. While recently mandated increases in retirement contributions have been fiscally challenging, the required contributions will start increasing at an otherwise unsupportable rate beginning in FY 2019-20. Setting aside available funding now in the Pension Stabilization Reserve reflects your Board's commitment to protecting employee pensions in the years to come. Available funding for this purpose will be reflected in the mid-year budget revision.
As required by law, the Recommended Final Budget is balanced, meaning that there is sufficient revenue to support recommended appropriations. Like the FY 2017-18 Adopted Budget, the FY 2018-19 Final Recommended Budget is not structurally balanced, meaning that it reflects the use of approximately $750,000 of unreserved fund balance carryover to support on-going operational costs in the General Fund. However, consistent with your Board's commitment to incrementally reduce reliance on such one-time funds, the amount of unreserved fund balance carryover used to balance the FY 2018-19 budget is less than the amount required to balance the FY 2017-18 budget.
In the face of such unprecedented challenges, County staff continue to reflect extraordinary dedication to providing public programs and services, despite diminishing operational budgets and employee recruitment and retention issues. However, the challenges we face in the years to come are significant. I am, nonetheless, confident that with your Board's thoughtful direction, and through the efforts of your dedicated Department Heads and staff, we can confront this fiscal year with positive momentum, a time of opportunity as well as exploration of new ways of doing business.
FISCAL IMPACT (Narrative):
Your approval of this Recommended Final Budget will enable the County to meet its statutory obligations and continue operations for FY 2018-19.
..Recommended Action
RECOMMENDED ACTION:
1) Adopt the Resolution Adopting the Budget for Fiscal Year 2018-19 as detailed in the attached, incorporating any changes desired by your Board following budget hearings.
2) Adopt the Resolution Establishing New Classifications, the Effective Date Thereof and Amending the Position Allocation Chart for Fiscal Year 2018-19 to Conform to the Final Recommended Budget.
3) Adopt the Resolution Cancelling General Reserves for the FY 2018-19 Final Recommended Budget.
4) Approve Continuation of the Informal Hiring Freeze for General Fund departments, delegating authority to the County Administrative Officer to waive as appropriate.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: September 18, 2018
SUBJECT: 9:00 A.M. - PUBLIC HEARING - Consideration of the Final Recommended Budget for Fiscal Year 2018/2019 for the County of Lake and Special Districts Governed by the Board of Supervisors
EXECUTIVE SUMMARY:
I am pleased to present, for your consideration, the FY 2018-19 Final Recommended Budget. While the State's economic environment has improved from the time of the Great Recession, Lake County's is still severely challenged fiscally as a result of slow recovery from the recession and the unprecedented series of disasters including:
� Rocky Fire - 2015
� Jerusalem Fire - 2015
� Valley Fire - 2015
� Clayton Fire - 2016
� Winter Storm Event of 2017
� Sulphur Fire - 2017
� Pawnee Fire - 2018
� River Fire - 2018
� Ranch Fire - 2018
The County budget is also constrained by ten (10) years of stagnate revenue and the mandated increases in retirement contributions and minimum wage rates which will surpass entry level salaries and must be addressed. Consistent with recent budgets, the FY 2018-19 budget provides very little additional discretionary revenue to support new positions or new initiatives. In fact, General Fund appropriations reflect only a 3/10ths of 1% increase over the prior year. Consequently, the net County cost of General Fund budgets remains relatively unchanged from prior year(s). The cost of any new General Fund positions were, therefore, absorbed within previous year's funding levels.
While the near-term outlook may be appear bleak, the budget reflects focus on long-term solutions, addressing both budgetary and staffing requirements by investing in operational efficiencies and replenishing reserves. In order to strengthen revenue, the budget continues to emphasize the ongoing administration of the Master Fee Schedule and provides for continuation of the recently implemented grant-writing positon.
The budget provides for consultant support to identify opportunities for improved operational efficiencies in departments. The total classification and compensation study is also expected to contribute to this goal. Another essential component to enhancing operational efficiency is to invest in upgraded technological systems through our Technology Modernization Reserve.
In addition to strengthening revenue streams and identifying operational efficiencies, planning for the future also necessitates addressing future increases in the cost of retirement contributions. Although the exact fund balance is still pending at this time, our high number of vacant positions is likely to provide sufficient unassigned fund balance carryover to provide additional funding to the Pension Stabilization Reserve. While recently mandated increases in retirement contributions have been fiscally challenging, the required contributions will start increasing at an otherwise unsupportable rate beginning in FY 2019-20. Setting aside available funding now in the Pension Stabilization Reserve reflects your Board's commitment to protecting employee pensions in the years to come. Available funding for this purpose will be reflected in the mid-year budget revision.
As required by law, the Recommended Final Budget is balanced, meaning that there is sufficient revenue to support recommended appropriations. Like the FY 2017-18 Adopted Budget, the FY 2018-19 Final Recommended Budget is not structurally balanced, meaning that it reflects the use of approximately $750,000 of unreserved fund balance carryover to support on-going operational costs in the General Fund. However, consistent with your Board's commitment to incrementally reduce reliance on such one-time funds, the amount of unreserved fund balance carryover used to balance the FY 2018-19 budget is less than the amount required to balance the FY 2017-18 budget.
In the face of such unprecedented challenges, County staff continue to reflect extraordinary dedication to providing public programs and services, despite diminishing operational budgets and employee recruitment and retention issues. However, the challenges we face in the years to come are significant. I am, nonetheless, confident that with your Board's thoughtful direction, and through the efforts of your dedicated Department Heads and staff, we can confront this fiscal year with positive momentum, a time of opportunity as well as exploration of new ways of doing business.
FISCAL IMPACT (Narrative):
Your approval of this Recommended Final Budget will enable the County to meet its statutory obligations and continue operations for FY 2018-19.
..Recommended Action
RECOMMENDED ACTION:
1) Adopt the Resolution Adopting the Budget for Fiscal Year 2018-19 as detailed in the attached, incorporating any changes desired by your Board following budget hearings.
2) Adopt the Resolution Establishing New Classifications, the Effective Date Thereof and Amending the Position Allocation Chart for Fiscal Year 2018-19 to Conform to the Final Recommended Budget.
3) Adopt the Resolution Cancelling General Reserves for the FY 2018-19 Final Recommended Budget.
4) Approve Continuation of the Informal Hiring Freeze for General Fund departments, delegating authority to the County Administrative Officer to waive as appropriate.
On motion of Supervisor Smith, and by vote of the Board, approved to continue the item to September 25, 2018 at 10:15 a.m. The motion carried by the following vote:
Clerk’s notes: Chair Steele introduced the item. County Administrative Officer Carol Huchingson presented the item to the Board and requested a continuance to September 25, 2018 at 10:15 a.m. due to an issue that has prevented the printing of the budget books.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.29:05 A.M. - Public Input
Clerk’s notes: Judy Stelljes spoke.
7.59:10 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
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: September 18, 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 Smith, 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) Undersheriff Chris Macedo presented the item to the Board and reported that the River and Ranch fires are now at 98% containment. Recovery operations are still ongoing.
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) FEMA Division Supervisor Christine Borgioni gave an update on the recovery process of the disaster. There has been a total of 1053 FEMA registrants with $1,500,000 awarded. The Disaster Recovery Center closed Saturday and has transitioned to a Loan Outreach Center.
Disaster Coordinator Nathan Spangler reported that Right of Entry (ROE) forms are due by Sept 28th for clean up from Cal Recycle. To date, 38 ROE's have been received for the Mendocino Complex fire and 4 ROE's have been received for the Pawnee fire. The deadline for disaster unemployment is Oct 12, 2018.
Chair Steele asked if anyone present wished to speak and Sally Peterson spoke. No one else wished to speak and the public input portion of this item was closed.
7.69:11 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to the Pawnee Fire Incident
Action Item
approved — Pass
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: September 18, 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 Smith, 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: 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.
7.79:12 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to the Sulphur Fire Incident
Action Item
approved — Pass
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: September 18, 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: 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.
7.89:13 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to Clayton Fire
Action Item
approved — Pass
Staff memo
As the County seeks funding and performs recovery operations related to tree removal and other fire recovery projects for the Clayton Fire, it is advisable that we continue the declaration of an emergency to support the fire recovery process.
This declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect.
..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: September 18, 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: 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.
7.99:14 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to the Atmospheric River Storm
Action Item
approved — Pass
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: 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.
7.109:30 A.M. - THERE WILL BE A REQUEST TO CONTINUE THIS ITEM TO OCTOBER 23, 2018 @ 10:00 A.M. (Continued from August 21, 2018 and August 7, 2018) PUBLIC HEARING - Consideration of Resolution Declaring the Results of the Majority Protest Proceedings and Establishing the Lake County Tourism Improvement District (LCTID) “Resolution of Formation”
Public Hearing
continued — Pass
Carried 5-0 — moved by Smith (recovered from the archived minutes by OCR)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
Staff have been working with local lodging businesses since fall 2017 to develop a Tourism Improvement District for Lake County (LCTID). On July 24, 2018 during the Public Hearing portion of this process, a group of local hoteliers who had previously provided written petitions of support for the LCTID submitted letters to withdraw their support and to express that they felt the proposed 3% assessment would be a detriment to their ability to book hotel rooms. As the Public Hearing is not a format for extended discussion, a continuance was requested to allow time for an analysis to be written and a presentation made to these hoteliers. The contribution of tourism to Lake County's economy is without question and the discussion of how to support and grow that economic generator is more important than ever in the wake of the devastating Mendocino Complex fire which occurred within peak tourism season.
BACKGROUND:
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. 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.
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 22 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 (COMPLETED)
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.
ALTERNATIVES
The Board could choose not to adopt the Resolution Declaring the Results of the Majority Protest Proceedings and Establishing the Lake County Tourism Improvement District. Staff does not recommend this option.
FISCAL IMPACT: __ None __Budgeted 2% of the TID assessment in the unincorporated areas Non-Budgeted
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 its 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.
Hold a final hearing, declare results of majority protest proceeding, and 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: September 18, 2018
SUBJECT: (Continued from August 21, 2018 and August 7, 2018) - Consideration of Resolution Declaring the Results of the Majority Protest Proceedings and Establishing the Lake County Tourism Improvement District (LCTID) "Resolution of Formation"
EXECUTIVE SUMMARY:
Staff have been working with local lodging businesses since fall 2017 to develop a Tourism Improvement District for Lake County (LCTID). On July 24, 2018 during the Public Hearing portion of this process, a group of local hoteliers who had previously provided written petitions of support for the LCTID submitted letters to withdraw their support and to express that they felt the proposed 3% assessment would be a detriment to their ability to book hotel rooms. As the Public Hearing is not a format for extended discussion, a continuance was requested to allow time for an analysis to be written and a presentation made to these hoteliers. The contribution of tourism to Lake County's economy is without question and the discussion of how to support and grow that economic generator is more important than ever in the wake of the devastating Mendocino Complex fire which occurred within peak tourism season.
BACKGROUND:
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. 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.
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 22 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 (COMPLETED)
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.
ALTERNATIVES
The Board could choose not to adopt the Resolution Declaring the Results of the Majority Protest Proceedings and Establishing the Lake County Tourism Improvement District. Staff does not recommend this option.
FISCAL IMPACT: __ None __Budgeted 2% of the TID assessment in the unincorporated areas Non-Budgeted
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 its 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.
Hold a final hearing, declare results of majority protest proceeding, and 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 continue the item to October 23, 2018 @ 10:00 a.m. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board and requested to continue this item to October 23, 2018 at 10:00 a.m.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.119:45 A.M. - (Continued from August 21, 2018) Discussion and Consideration of Draft for Right to Geothermal Exploration and Development Ordinance
Action Item
approved
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: September 18, 2018
SUBJECT: (Continued from August 21, 2018) 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.
There was Board consensus to send the Draft Ordinance to interested parties for review and comments, to be received back to the County within 30 days for consideration.
Clerk’s notes: Supervisor Brown presented the item to the Board.
Chair Steele asked if anyone present wished to speak and Sally Peterson, Joan Clay and Joan Moss spoke. No one else wished to speak and the public input portion of this item was closed.
7.1210:00 A.M. - Discussion and Consideration of Lake Transit Hub Location Plan Study Update
Report
approved
Staff memo
On April 19, 2016, Lake Transit Authority (LTA) met with our Board to discuss plans for the design phase for a Transit Hub plan study potentially, at the County owned site in Clearlake known as APN #01004352. At that time, LTA asked the County to consider the possibility of LTA purchasing or leasing said property for this purpose and although no formal Board action was taken, staff has informally held the property pending next steps by LTA.
Recently, LTA has requested an opportunity to return to our Board to provide a status update, possibly leading to more formal action on the part of our Board on a future agenda.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION: Possible direction to staff.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Jeff Smith, District 2 Supervisor
Moke Simon, District 1 Supervisor
DATE: September 18, 2018
SUBJECT: Discussion and Consideration of Lake Transit Hub Location Plan Study Update
EXECUTIVE SUMMARY:
On April 19, 2016, Lake Transit Authority (LTA) met with our Board to discuss plans for the design phase for a Transit Hub plan study potentially, at the County owned site in Clearlake known as APN #01004352. At that time, LTA asked the County to consider the possibility of LTA purchasing or leasing said property for this purpose and although no formal Board action was taken, staff has informally held the property pending next steps by LTA.
Recently, LTA has requested an opportunity to return to our Board to provide a status update, possibly leading to more formal action on the part of our Board on a future agenda.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION: Possible direction to staff.
There was Board consensus to move forward with the Lake Transit Hub Plan and place a value on the property by a certified appraisal. Once this information has been obtained, the item will be brought back to the Board for consideration.
Clerk’s notes: Supervisor Simon introduced the item. Consultant for Lake Transit Authority (LTA) Mark Wall, from Mark Wall and Associates, presented the item to the Board. Genevieve Evans from LSC Transportation Consultants gave a PowerPoint presentation. LTA Executive Director Lisa Davey-Bates was present for any questions.
Chair Steele asked if anyone present wished to speak and Joan Moss spoke. No one else wished the speak and the public input portion of this item was closed.
8. Non-Timed Items
8.1Supervisors’ weekly calendar, travel and reports
Motion carried
Carried 4-1 — moved by Simon (recovered from the archived minutes by OCR)
Brown: nay Scott: aye Simon: aye Smith: aye Steele: aye
Brown: nay Scott: aye Simon: aye Smith: aye Steele: aye
8.2(a) Discussion of California Government Code Section 24304.2 enabling selected counties to consolidate, by ordinance, the two elected offices of Auditor-Controller (A-C) and T-TC into one elected office, Auditor-Controller-Treasurer-Tax Collector (A-C-T-TC), and possible request that legislation be drafted allowing Lake County said option; and (b) Discussion of possible amendment to Treasurer-Tax Collector (T-TC) minimum education requirements by ordinance
Action Item
approved
Staff memo
As we are all painfully aware, given the recent failure of Measure G and absent new revenue streams, our Board will be faced with many difficult decisions in the months and years to come. With this in mind, I am requesting we discuss options pertaining to consolidation of financial offices and strengthening educational requirements for the office of Treasurer-Tax Collector, as detailed below:
(a) California Government Code Sec. 24304.2 presently enables the Board of Supervisors in the counties of Mendocino, Santa Cruz, Sonoma, Trinity and Tulare, by ordinance, to consolidate the offices of the Auditor-Controller (A-C) and the T-TC into one elected office of Auditor-Controller-Treasurer-Tax Collector.
While recent election outcomes have solidified both our current elected A-C and T-TC, I am requesting an opportunity to engage in discussion with the full Board, regarding possibly requesting our state legislators take the necessary steps to add Lake County to the group of counties having the option for consolidation.
(b) Our County Ordinance Code Article XXIII, Sec. 2-166.1 mirrors the minimum education requirements for Treasurer-Tax Collector (T-TC) of California Government Code Sec. 27000.7, allowing public agency senior financial management experience to be substituted for a bachelor's, masters or doctorate degree in a related field of study.
It is within the authority of our Board to establish qualifications by amendment to ordinance, requiring future T-TC's to possess qualifications that differ from those required by the California Government Code provided that those requirements meet or exceed the California Government Code Sec. 2700.7 minimums.
The T-TC's office plays a critical role in services provided to constituents and in the financial well-being of our County. While the recent election outcome has been solidified, I believe that in the future, this office can be well served by a candidate who possesses a minimum of a bachelor's degree in a related field, as is required for many of our department head positions. I also believe that experience should not be substituted for the bachelor's degree.
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): None
..Recommended Action
RECOMMENDED ACTION:
Possible direction to staff.
CC: Barbara Ringen, T-TC
Cathy Saderlund, A-C
Pamela Nichols, HR Director
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Jim Steele, District 3 Supervisor
DATE: September 18, 2018
SUBJECT: (a) Discussion of California Government Code Section 24304.2 enabling selected counties to consolidate, by ordinance, the two elected offices of Auditor-Controller (A-C) and T-TC into one elected office, Auditor-Controller-Treasurer-Tax Collector (A-C-T-TC), and possible request that legislation be drafted allowing Lake County said option; and (b) Discussion of possible amendment to Treasurer-Tax Collector (T-TC) minimum education requirements by ordinance
EXECUTIVE SUMMARY:
As we are all painfully aware, given the recent failure of Measure G and absent new revenue streams, our Board will be faced with many difficult decisions in the months and years to come. With this in mind, I am requesting we discuss options pertaining to consolidation of financial offices and strengthening educational requirements for the office of Treasurer-Tax Collector, as detailed below:
(a) California Government Code Sec. 24304.2 presently enables the Board of Supervisors in the counties of Mendocino, Santa Cruz, Sonoma, Trinity and Tulare, by ordinance, to consolidate the offices of the Auditor-Controller (A-C) and the T-TC into one elected office of Auditor-Controller-Treasurer-Tax Collector.
While recent election outcomes have solidified both our current elected A-C and T-TC, I am requesting an opportunity to engage in discussion with the full Board, regarding possibly requesting our state legislators take the necessary steps to add Lake County to the group of counties having the option for consolidation.
(b) Our County Ordinance Code Article XXIII, Sec. 2-166.1 mirrors the minimum education requirements for Treasurer-Tax Collector (T-TC) of California Government Code Sec. 27000.7, allowing public agency senior financial management experience to be substituted for a bachelor's, masters or doctorate degree in a related field of study.
It is within the authority of our Board to establish qualifications by amendment to ordinance, requiring future T-TC's to possess qualifications that differ from those required by the California Government Code provided that those requirements meet or exceed the California Government Code Sec. 2700.7 minimums.
The T-TC's office plays a critical role in services provided to constituents and in the financial well-being of our County. While the recent election outcome has been solidified, I believe that in the future, this office can be well served by a candidate who possesses a minimum of a bachelor's degree in a related field, as is required for many of our department head positions. I also believe that experience should not be substituted for the bachelor's degree.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
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FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Possible direction to staff.
CC: Barbara Ringen, T-TC
Cathy Saderlund, A-C
Pamela Nichols, HR Director
There was Board consensus to amend, by ordinance, the minimum education requirements for the Treasurer-Tax Collector position.
There was Board consensus to direct staff to seek the legislation necessary to allow the consolidation of the Auditor-Controller and the Treasurer-Tax Collector offices.
Clerk’s notes: Chair Steele presented the item to the Board. County Administrative Officer Carol Huchingson spoke. Auditor-Controller Cathy Saderlund, Treasurer-Tax Collector Barbara Ringen and County Counsel Anita Grant spoke.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.3Consideration of Permanent Overnight Vehicle Use for District Attorney Investigators
Action Item
approved with conditions — Pass
Staff memo
b
Since the inception of the District Attorney Investigator Division in 1978, DA Investigators have for obvious reasons, been allowed to take their assigned County vehicles home and keep them overnight. Our records do not show any prior authorization from the Board regarding this matter.
The DA Investigators' County vehicles are equipped with special fittings including but not limited to red/blue lights, sirens, police radios, and gun racks. They also are equipped with semi-automatic rifles, ammunition, bullet proof vests, and other law enforcement equipment. On occasions these vehicles will also contain sensitive and expensive equipment such as the Faro 3-D laser scanner, an unmanned aerial system (drone), and television monitor.
Our DA Investigators are all on stand-by call out status. All six are subject to being called out at any time and must immediately respond to the scene of a crime or other location. Emergency call outs often include officer involved critical incidents, homicides, and other major crimes.
Frequently our Investigators travel to various out of county locations for investigative, witness transport, and training purposes. On many of these occasions these Investigators respond directly to and from their residence rather than go to the main office.
As the Board is aware, for the past several years the District Attorney's Office has had difficulty recruiting Lake County residents for the position of DA Investigator. In fact, only a few people from Lake County law enforcement have applied for the position in the past eight years. Therefore, we have had to hire investigators from out of Lake County. Of the last five investigators hired all have lived out of Lake County. Currently, three still live in Mendocino County.
Without the ability to take their assigned County vehicle home, when an Investigator is called out he/she will have to drive to the office then respond to the crime scene incident or other location he/she needs to do their work. Additionally, if the vehicles are left at the unsecured DA's parking lot the investigator would either have to leave their firearms or specialized equipment in the vehicle or nightly bring it into the secured facility. This will add compensable time in call out situations and less time for meaningful daily investigative functions. Pursuant to the provisions of the MOU, and other employment laws, the County is responsible for compensating our Investigators in such instances for time spent in transit. It should also be understood that the Investigators work a full 10-hour day and do not include travel time as part of that work day.
The District Attorney's Office submits this request in the interest of providing efficient investigative law enforcement services, making the best use of County employee time and resources, and maintaining investigative personnel.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
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Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
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..Recommended Action
RECOMMENDED ACTION: Authorize Permanent Overnight Vehicle Use for District Attorney Investigators.
Original memo text
..Title
..Body
MEMORANDUM
TO: Lake County Board of Supervisors
FROM: Don Anderson, District Attorney
DATE: September 18, 2018
SUBJECT: Consideration of Permanent Overnight Vehicle Use for District Attorney Investigators
EXECUTIVE SUMMARY:
The District Attorney's Office is requesting permission that all DA investigators be allowed to take their County vehicles home while they are not on duty. This includes the following Investigators:
Chief Investigator Bruce Smith, Willits
Investigator Jim Crane, Kelseyville
Investigator Jason Cox, Ukiah
Investigator Scott Puma, Ukiah
Investigator Denise Hinchcliff, Lakeport
Investigator Andrew Chapman, Cobb
Since the inception of the District Attorney Investigator Division in 1978, DA Investigators have for obvious reasons, been allowed to take their assigned County vehicles home and keep them overnight. Our records do not show any prior authorization from the Board regarding this matter.
The DA Investigators' County vehicles are equipped with special fittings including but not limited to red/blue lights, sirens, police radios, and gun racks. They also are equipped with semi-automatic rifles, ammunition, bullet proof vests, and other law enforcement equipment. On occasions these vehicles will also contain sensitive and expensive equipment such as the Faro 3-D laser scanner, an unmanned aerial system (drone), and television monitor.
Our DA Investigators are all on stand-by call out status. All six are subject to being called out at any time and must immediately respond to the scene of a crime or other location. Emergency call outs often include officer involved critical incidents, homicides, and other major crimes.
Frequently our Investigators travel to various out of county locations for investigative, witness transport, and training purposes. On many of these occasions these Investigators respond directly to and from their residence rather than go to the main office.
As the Board is aware, for the past several years the District Attorney's Office has had difficulty recruiting Lake County residents for the position of DA Investigator. In fact, only a few people from Lake County law enforcement have applied for the position in the past eight years. Therefore, we have had to hire investigators from out of Lake County. Of the last five investigators hired all have lived out of Lake County. Currently, three still live in Mendocino County.
Without the ability to take their assigned County vehicle home, when an Investigator is called out he/she will have to drive to the office then respond to the crime scene incident or other location he/she needs to do their work. Additionally, if the vehicles are left at the unsecured DA's parking lot the investigator would either have to leave their firearms or specialized equipment in the vehicle or nightly bring it into the secured facility. This will add compensable time in call out situations and less time for meaningful daily investigative functions. Pursuant to the provisions of the MOU, and other employment laws, the County is responsible for compensating our Investigators in such instances for time spent in transit. It should also be understood that the Investigators work a full 10-hour day and do not include travel time as part of that work day.
The District Attorney's Office submits this request in the interest of providing efficient investigative law enforcement services, making the best use of County employee time and resources, and maintaining investigative personnel.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: Authorize Permanent Overnight Vehicle Use for District Attorney Investigators.
On motion of Supervisor Simon, and by vote of the Board, approved Interim Overnight Vehicle Use for District Attorney Investigators until December 4, 2018, at which time staff will return with recommendations to revise the employee vehicle policy. The motion carried by the following vote:
Clerk’s notes: District Attorney Don Anderson presented the item to the Board. Sheriff Brian Martin spoke.
Chair Steele asked if anyone present wished to speak and Joan Moss spoke. No one else wished to speak and the public input portion of this item was closed.
9. Closed Session
9.1Conference with Legal Counsel: Significant Exposure to Litigation pursuant to Gov. Code Sec. 54956.9(d)(2)(e)(3): California River Watch
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 12:20 p.m. having taken no action.