Board Of Supervisors — Tuesday, June 11, 2019
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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. Approval of the Consent Agenda
5.1Approve Letter of Support for S. 923 (Feinstein), a Bill to authorize a new Funding Stream for Supportive Housing Models that provide Comprehensive Services and Intensive Case Management and authorize the Chair to sign
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
As you may be aware, Senator Dianne Feinstein recently introduced S. 923, a bill that would make additional federal funds available for supportive housing.
You will recall that our Behavioral Health Director, Todd Metcalf, has recently spoken to the import of supportive housing as a tool to provide intensive services to some Lake County residents with persistent and complex needs, such as substance abuse.
After discussing S. 923 with Todd and other County staff, I recommend that our Board affirm our conceptual support of S. 923, and the great need to invest in supportive housing, with the caveat that the 25% non-federal match envisioned, as the bill presently reads, would be a hindrance to some communities, likely including Lake County, accessing these funds. The letter, as drafted, asks that Senator Feinstein work to reduce the match requirement.
As you are all aware, Homelessness is acted upon at many levels; local, regional, and beyond. Supportive housing is an important piece of these efforts. Therefore, I recommend our Board approve the attached Letter of Support for S. 923, and authorize me, as Chair, to sign.
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 Letter of Support for S. 923 (Feinstein), a bill to authorize a new funding stream for supportive housing models that provide comprehensive services and intensive Case Management and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Tina Scott, District 4 Supervisor
DATE: June 11, 2019
SUBJECT: Approve Letter of Support for S. 923 (Feinstein), a bill to authorize a new funding stream for supportive housing models that provide comprehensive services and intensive Case Management and authorize the Chair to sign
EXECUTIVE SUMMARY:
As you may be aware, Senator Dianne Feinstein recently introduced S. 923, a bill that would make additional federal funds available for supportive housing.
You will recall that our Behavioral Health Director, Todd Metcalf, has recently spoken to the import of supportive housing as a tool to provide intensive services to some Lake County residents with persistent and complex needs, such as substance abuse.
After discussing S. 923 with Todd and other County staff, I recommend that our Board affirm our conceptual support of S. 923, and the great need to invest in supportive housing, with the caveat that the 25% non-federal match envisioned, as the bill presently reads, would be a hindrance to some communities, likely including Lake County, accessing these funds. The letter, as drafted, asks that Senator Feinstein work to reduce the match requirement.
As you are all aware, Homelessness is acted upon at many levels; local, regional, and beyond. Supportive housing is an important piece of these efforts. Therefore, I recommend our Board approve the attached Letter of Support for S. 923, and authorize me, as Chair, to sign.
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 Letter of Support for S. 923 (Feinstein), a bill to authorize a new funding stream for supportive housing models that provide comprehensive services and intensive Case Management and authorize the Chair to sign.
5.2Approve Amendment No. 2 to the Agreement between the County of Lake and Clover Valley Guest Home for Adult Residential Support Services and Specialty Mental Health Services for Fiscal Year 2018-19 and authorize the Board Chair to sign the Amendment
Action Item
passed on consent
Staff memo
BACKGROUND AND DISCUSSION: Clover Valley Guest Home is a Board and Care Facility specific to the needs of older adult clients requiring placement. Clients placed at Clover Valley Guest Home are actively engaged with Lake County Behavioral Health Services (LCBHS) and can participate in their Recovery Program leading to positive outcomes and a successful return to the community. Clover Valley Guest Home has proven to be a cost-efficient alternative for care to clients ready to be transitioned from Institutes for Mental Disease (IMDs).
Due to an increase in utilization due to an additional placement at Clover Valley Guest Home, LCBHS is requesting an increase of $9,120 in the total maximum payable under the Agreement for a new contract maximum of $101,520.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Original Contract: $80,300
Amendment 1 Increase: $12,100
Amendment 2 Increase: $ 9,120
New Contract Amount: $101,520
/
FISCAL IMPACT (Narrative): LCBHS is requesting approval of the Amendment 2 to the Agreement for an increase of $9,120 in the total maximum payable under the Agreement for a new contract maximum of $101,520.
The funds for this increase will be re-allocated from unassigned funds within the same level of care.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approve Amendment 2 to the Agreement between the County of Lake and Clover Valley Guest Home for Adult Residential Support Services and Specialty Mental Health Services for Fiscal Year 2018-19 and authorize the Board Chair to sign the Amendment.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Todd Metcalf, B. S.
Behavioral Health Services Administrator
DATE: June 11, 2019
SUBJECT: Approve Amendment 2 to the Agreement between the County of Lake and Clover Valley Guest Home for Adult Residential Support Services and Specialty Mental Health Services for Fiscal Year 2018-19 and authorize the Board Chair to sign the Amendment.
EXECUTIVE SUMMARY: Attached, for your approval, is Amendment 2 to the Agreement between the County of Lake and Clover Valley Guest Home for Adult Residential Support Services and Specialty Mental Health Services for Fiscal Year 2018-19.
BACKGROUND AND DISCUSSION: Clover Valley Guest Home is a Board and Care Facility specific to the needs of older adult clients requiring placement. Clients placed at Clover Valley Guest Home are actively engaged with Lake County Behavioral Health Services (LCBHS) and can participate in their Recovery Program leading to positive outcomes and a successful return to the community. Clover Valley Guest Home has proven to be a cost-efficient alternative for care to clients ready to be transitioned from Institutes for Mental Disease (IMDs).
Due to an increase in utilization due to an additional placement at Clover Valley Guest Home, LCBHS is requesting an increase of $9,120 in the total maximum payable under the Agreement for a new contract maximum of $101,520.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Original Contract: $80,300
Amendment 1 Increase: $12,100
Amendment 2 Increase: $ 9,120
New Contract Amount: $101,520
/
FISCAL IMPACT (Narrative): LCBHS is requesting approval of the Amendment 2 to the Agreement for an increase of $9,120 in the total maximum payable under the Agreement for a new contract maximum of $101,520.
The funds for this increase will be re-allocated from unassigned funds within the same level of care.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approve Amendment 2 to the Agreement between the County of Lake and Clover Valley Guest Home for Adult Residential Support Services and Specialty Mental Health Services for Fiscal Year 2018-19 and authorize the Board Chair to sign the Amendment.
5.3Approve Amendment No. 2 to the Agreement between the County of Lake and Hilltop Recovery Services for Substance Use Disorder Residential Services for FY 2018-19, and authorize the Board Chair to sign the Amendment
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY: Attached, for your approval, is Amendment 02 to the Agreement between the County of Lake and Hilltop Recovery Services for Lake County Residents who have a need for intensive and continuing residential treatment services for Fiscal Year 2018-19. Under the Agreement, Lake County Behavioral Health Services (LCBHS) is obligated to pay $100.00 per day for a 30-60-90 day program.
BACKGROUND AND DISCUSSION: Hilltop Recovery Services (HRS) is a non-profit public benefit corporation. Hilltop's facility in Clearlake Oaks is a licensed and certified residential treatment facility which serves men in Lake County. Lake County Behavioral Health Services continues to partner with Hilltop Recovery Services in the mission to treat Lake County Residents who are dealing with alcohol and drug related problems.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Original Contract Amount: $ 60,000
Amendment 1: $ 0
Amendment 2 Increase: $ 8,100
New Contract Total: $68,100
FISCAL IMPACT (Narrative): LCBHS is requesting approval of Amendment 02 with Hilltop Recovery Services for Fiscal Year 2018-19, for an increase of $8,100 for a contract maximum of $68,100.
STAFFING IMPACT (if applicable): N/A
/
..Recommended Action
RECOMMENDED ACTION: Approve Amendment 02 to the Agreement between the County of Lake and Hilltop Recovery Services for Substance Use Disorder Residential Services for FY 2018-19, and authorize the Board Chair to sign the Amendment.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Todd Metcalf, B.S.
Behavioral Health Administrator
DATE: June 11, 2019
SUBJECT: Approve Amendment 02 to the Agreement between the County of Lake and Hilltop Recovery Services for Substance Use Disorder Residential Services for FY 2018-19, and authorize the Board Chair to sign the Amendment.
EXECUTIVE SUMMARY: Attached, for your approval, is Amendment 02 to the Agreement between the County of Lake and Hilltop Recovery Services for Lake County Residents who have a need for intensive and continuing residential treatment services for Fiscal Year 2018-19. Under the Agreement, Lake County Behavioral Health Services (LCBHS) is obligated to pay $100.00 per day for a 30-60-90 day program.
BACKGROUND AND DISCUSSION: Hilltop Recovery Services (HRS) is a non-profit public benefit corporation. Hilltop's facility in Clearlake Oaks is a licensed and certified residential treatment facility which serves men in Lake County. Lake County Behavioral Health Services continues to partner with Hilltop Recovery Services in the mission to treat Lake County Residents who are dealing with alcohol and drug related problems.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Original Contract Amount: $ 60,000
Amendment 1: $ 0
Amendment 2 Increase: $ 8,100
New Contract Total: $68,100
FISCAL IMPACT (Narrative): LCBHS is requesting approval of Amendment 02 with Hilltop Recovery Services for Fiscal Year 2018-19, for an increase of $8,100 for a contract maximum of $68,100.
STAFFING IMPACT (if applicable): N/A
/
..Recommended Action
RECOMMENDED ACTION: Approve Amendment 02 to the Agreement between the County of Lake and Hilltop Recovery Services for Substance Use Disorder Residential Services for FY 2018-19, and authorize the Board Chair to sign the Amendment.
5.4Adopt the Resolution Approving the Amendment to the Memorandum of Understanding between County of Lake and Partnership Health Plan of California (PHC) and Authorize the Behavioral Health Services Administrator to sign the Amendment to the Memorandum of Understanding.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY: PHC serves as the Managed Care Organization for Medi-Cal beneficiaries in Lake County. As such they are responsible for ensuring access to primary health care services for this population. Lake County Behavioral Health Services (LCBHS) serves as the Medi-Cal Managed Care provider for Specialty Mental Health Services through an agreement with the Department of Health Care Services.
PHC and LCBHS have reviewed our existing responsibilities under our separate agreements to provide services to Medi-Cal beneficiaries. The original document: "Memorandum of Understanding between County of Lake and Partnership Health Plan of California" was created to describe the services provided by the respective agencies and to outline protocols for the mutual referrals of clients. This protocol will not create additional responsibilities for either party so there is no anticipated financial impact.
This Amendment to the MOU with effective date of July 1, 2019 includes changes to the Supplemental Substance Abuse Fee Schedule and adds an updated Attachment D, titled "Supplemental Substance Abuse Benefit Description" and allows for the addition of Section 9.18, "Compliance with Agreement" which discusses possible administrative and/or financial sanctions and/or penalties against County if County is out of compliance with the original Agreement or any subsequent Amendments.
As there is no anticipated fiscal impact, and no additional duties are required of LCBHS, we are seeking Board of Supervisor review and approval of this document as it represents a formal protocol for inter-agency collaboration that will impact many citizens of Lake County.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
FISCAL IMPACT (Narrative): There is no fiscal impact at this time.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Adopt the Resolution Approving the Amendment to the Memorandum of Understanding between County of Lake and Partnership Health Plan of California (PHC) and Authorize the Behavioral Health Services Administrator to sign the Amendment to the Memorandum of Understanding.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Todd Metcalf, B.S.
Behavioral Health Services Administrator
DATE: June 11, 2019
SUBJECT: Adopt the Resolution Approving the Amendment to the Memorandum of Understanding between County of Lake and Partnership Health Plan of California (PHC) and Authorize the Behavioral Health Services Administrator to sign the Amendment to the MOU.
EXECUTIVE SUMMARY: PHC serves as the Managed Care Organization for Medi-Cal beneficiaries in Lake County. As such they are responsible for ensuring access to primary health care services for this population. Lake County Behavioral Health Services (LCBHS) serves as the Medi-Cal Managed Care provider for Specialty Mental Health Services through an agreement with the Department of Health Care Services.
PHC and LCBHS have reviewed our existing responsibilities under our separate agreements to provide services to Medi-Cal beneficiaries. The original document: "Memorandum of Understanding between County of Lake and Partnership Health Plan of California" was created to describe the services provided by the respective agencies and to outline protocols for the mutual referrals of clients. This protocol will not create additional responsibilities for either party so there is no anticipated financial impact.
This Amendment to the MOU with effective date of July 1, 2019 includes changes to the Supplemental Substance Abuse Fee Schedule and adds an updated Attachment D, titled "Supplemental Substance Abuse Benefit Description" and allows for the addition of Section 9.18, "Compliance with Agreement" which discusses possible administrative and/or financial sanctions and/or penalties against County if County is out of compliance with the original Agreement or any subsequent Amendments.
As there is no anticipated fiscal impact, and no additional duties are required of LCBHS, we are seeking Board of Supervisor review and approval of this document as it represents a formal protocol for inter-agency collaboration that will impact many citizens of Lake County.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
FISCAL IMPACT (Narrative): There is no fiscal impact at this time.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Adopt the Resolution Approving the Amendment to the Memorandum of Understanding between County of Lake and Partnership Health Plan of California (PHC) and Authorize the Behavioral Health Services Administrator to sign the Amendment to the Memorandum of Understanding.
5.5Adopt Resolution to Amend the Adopted Budget for FY 2019-20 by Appropriating Unanticipated Revenue in the Amount of $10,000 for Budget Unit 5321 Veterans Services in Support of Mental Health Outreach and Other Related Recovery Treatment Programs
Resolution
passed on consent
Staff memo
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION: Adopt Resolution to Amend the Adopted Budget for FY 2019-20 by Appropriating Unanticipated Revenue in the Amount of $10,000 for Budget
Unit 5321 Veterans Services in Support of Mental Health Outreach and Other Related Recovery Treatment Programs
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Denise Pomeroy, Health Services Director
DATE: June 11, 2019
SUBJECT: Adopt Resolution to Amend the Adopted Budget for FY 2019-20 by Appropriating Unanticipated Revenue in the Amount of $10,000 for Budget Unit 5321 Veterans Services in Support of Mental Health Outreach and Other Related Recovery Treatment Programs
EXECUTIVE SUMMARY:
The County of Lake, Department of Health Services, Veterans Services Division recently applied for and received additional funding from the State of California for the fiscal year 2019-2020 in the amount of $10,000.
The additional funding will be used to support the expansion and enhancement of mental health services, and outreach information for veterans.
Should you have any questions, or require additional information, please contact myself or Josefine Chester, Health Services Administrative Manager at 263-1090
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION: Adopt Resolution to Amend the Adopted Budget for FY 2019-20 by Appropriating Unanticipated Revenue in the Amount of $10,000 for Budget
Unit 5321 Veterans Services in Support of Mental Health Outreach and Other Related Recovery Treatment Programs
5.6Adopt a Resolution Authorizing Access to State, Local and Federal Criminal History Information by the County of Lake
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY:
The Human Resources office has been working toward implementing Live Scan fingerprint services for backgrounds for applicants seeking employment with the County of Lake. This should speed up the background process for applicants, cut down wait times for hiring departments, and streamline the process considerably.
In order to move forward in with the Department of Justice's Live Scan process, the Human Resources Office has presented to your Board a resolution authorizing access to state, local and federal criminal history information for the County of Lake.
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:
Staff recommends that your Board approve the resolution authorizing access to state, local and federal criminal history information by the County of Lake.
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Board of Supervisors
FROM: Pamela Nichols, Human Resources Director
DATE: June 11, 2019
SUBJECT: Consideration of Resolution Authorizing Access to State, Local and Federal Criminal History Information by the County of Lake
EXECUTIVE SUMMARY:
The Human Resources office has been working toward implementing Live Scan fingerprint services for backgrounds for applicants seeking employment with the County of Lake. This should speed up the background process for applicants, cut down wait times for hiring departments, and streamline the process considerably.
In order to move forward in with the Department of Justice's Live Scan process, the Human Resources Office has presented to your Board a resolution authorizing access to state, local and federal criminal history information for the County of Lake.
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:
Staff recommends that your Board approve the resolution authorizing access to state, local and federal criminal history information by the County of Lake.
5.7Adopt a Resolution Amending Resolution No. 2018-132 Establishing Position Allocations for Fiscal Year 2018-2019, Budget Unit 2702, Planning
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY:
This request proposes to add one Deputy Community Development Director and to establish the position within County service, enabling the CDD Director to immediately begin taking steps to fill it. The cost of this position is included in the department's approved budget for FY 2019-2020.
FISCAL IMPACT: __ None _x_ Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable): The Deputy Community Development Director position will be filled from a competitive recruitment conducted by HR.
..Recommended Action
RECOMMENDED ACTION: Adopt a Resolution Amending Resolution No. 2018-132 Establishing Position Allocations for Fiscal Year 2018-2019, Budget Unit 2702, Planning.
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Board of Supervisors
FROM: Pamela Nichols, Human Resources Director
DATE: June 11, 2019
SUBJECT: Adopt a Resolution Amending Resolution No. 2018-132 Establishing Position Allocations for Fiscal Year 2018-2019, Budget Unit 2702, Planning
EXECUTIVE SUMMARY:
This request proposes to add one Deputy Community Development Director and to establish the position within County service, enabling the CDD Director to immediately begin taking steps to fill it. The cost of this position is included in the department's approved budget for FY 2019-2020.
FISCAL IMPACT: __ None _x_ Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable): The Deputy Community Development Director position will be filled from a competitive recruitment conducted by HR.
..Recommended Action
RECOMMENDED ACTION: Adopt a Resolution Amending Resolution No. 2018-132 Establishing Position Allocations for Fiscal Year 2018-2019, Budget Unit 2702, Planning.
5.8Adopt a Resolution Amending Resolution No. 2018-132 Establishing Position Allocations for Fiscal Year 2018-2019, Budget Unit 2602, Building & Safety
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY:
This request proposes to add one half-time Deputy Building Official - Hourly / Chief Building Official - Hourly and one Code Enforcement Manager and to establish the Deputy Building Official - Hourly / Chief Building Official - Hourly positions within County service, enabling the CDD Director to immediately begin taking steps to fill both positions. The cost of these positions is included in the department's approved budget for FY 2019-2020.
FISCAL IMPACT: __ None _x_ Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: Adopt a Resolution Amending Resolution No. 2018-132 Establishing Position Allocations for Fiscal Year 2018-2019, Budget Unit 2602, Building & Safety.
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Board of Supervisors
FROM: Pamela Nichols, Human Resources Director
DATE: June 11, 2019
SUBJECT: Adopt a Resolution Amending Resolution No. 2018-132 Establishing Position Allocations for Fiscal Year 2018-2019, Budget Unit 2602, Building & Safety
EXECUTIVE SUMMARY:
This request proposes to add one half-time Deputy Building Official - Hourly / Chief Building Official - Hourly and one Code Enforcement Manager and to establish the Deputy Building Official - Hourly / Chief Building Official - Hourly positions within County service, enabling the CDD Director to immediately begin taking steps to fill both positions. The cost of these positions is included in the department's approved budget for FY 2019-2020.
FISCAL IMPACT: __ None _x_ 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: Adopt a Resolution Amending Resolution No. 2018-132 Establishing Position Allocations for Fiscal Year 2018-2019, Budget Unit 2602, Building & Safety.
5.9Approve Plans and Specifications for the Three SB1 Rehabilitation Improvement Projects; Bid No. 19-10
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
The Plans and Specifications for the Three SB1 Rehabilitation Improvement Projects are complete and a copy has been filed with the Clerk of the Board,
The Construction estimate is approximately $660,000. The project is 100% funded for construction with SB1 funds
Staff recommends that the Board of Supervisors approve the Plans and Specifications and authorize the Public Works 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 _X_Budgeted __Non-Budgeted
Amount Budgeted: $660,000
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Budgeted
STAFFING IMPACT (if applicable): NONE
..Recommended Action
RECOMMENDED ACTION: Approve Plans and Specifications and authorize the Public Works Director/ Assistant Purchasing Agent to advertise for bids.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott DeLeon, Public Works Director
DATE: June 11, 2019
SUBJECT: Approve Plans and Specifications for the Three SB1 Rehabilitation Improvement Projects; Bid No. 19-10
EXECUTIVE SUMMARY:
The Plans and Specifications for the Three SB1 Rehabilitation Improvement Projects are complete and a copy has been filed with the Clerk of the Board,
The Construction estimate is approximately $660,000. The project is 100% funded for construction with SB1 funds
Staff recommends that the Board of Supervisors approve the Plans and Specifications and authorize the Public Works 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 _X_Budgeted __Non-Budgeted
Estimated Cost: $660,000
Amount Budgeted: $660,000
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Budgeted
STAFFING IMPACT (if applicable): NONE
..Recommended Action
RECOMMENDED ACTION: Approve Plans and Specifications and authorize the Public Works Director/ Assistant Purchasing Agent to advertise for bids.
5.10Approve the Agreement between the County of Lake and Curren Consulting for Staff Augmentation Services for Department of Public Works Projects in the amount not to exceed $100,000 and authorize the Chair to sign
Agreement
passed on consent
Staff memo
EXECUTIVE SUMMARY:
The Road Repair and Accountability Act of 2017 (SB 1) is anticipated to provide additional revenues to the County for repair and rehabilitation of its transportation infrastructure. The County plans to utilize these funds, as well as, other available federal, state, and local funds, to improve its transportation infrastructure. The development and implementation of effective pavement repair and rehabilitation alternatives may, periodically, require certain expertise which the County may wish to supplement through consultant services. Such expertise may be required in assisting with prioritization and planning process, evaluating various rehabilitation/restoration alternatives and develop a recommendation for the most appropriate alternative, developing a pavement design for the selected alternative, reviewing the in-progress design plans and the final Plans, Specifications & Estimate (PS&E) package, providing technical assistance during the construction phase, performing periodic site visits during the construction phase.
Therefore, on January 16, 2019, the Department of Public Works issued a Request for Qualifications (RFQ) for Staff Augmentation Services for Department of Public Works Projects.
Statements of Qualifications (SOQs) were received from Curren Consulting and GHD Inc. as a result of the solicitation. A Consultant Selection Board reviewed the SOQs in accordance with Caltrans Local Assistance Procedures Manual (LAPM), Chapter 10, and the County of Lake policy for review and selection of professional consultants, and ranked Curren Consulting as the more-qualified firm. The on-call agreement is set for a term not to exceed five (5) years for a total not to exceed $100,000.00 for the duration of the agreement. The hourly billing rate was negotiated by the staff and is included in the agreement.
The cost of services to be rendered under this agreement will be funded through federal, state, and local funds, as appropriate.
RECOMMENDATION
Staff recommends that the Board of Supervisors approve the Agreement for Staff Augmentation Services for Department of Public Works Projects with Curren Consulting in the amount not to exceed $100,000.00 and authorize the Chair to execute said Agreement.
FISCAL IMPACT: __ None X__ Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
The cost of services to be rendered under this agreement will be funded through federal, state, and local funds, as appropriate.
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Approve the Agreement between the County of Lake and Curren Consulting for Staff Augmentation Services for Department of Public Works Projects in the amount not to exceed $100,000 and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: June 11, 2019
SUBJECT: Approve the Agreement between the County of Lake and Curren Consulting for Staff Augmentation Services for Department of Public Works Projects in the amount not to exceed $100,000 and authorize the Chair to sign
EXECUTIVE SUMMARY:
The Road Repair and Accountability Act of 2017 (SB 1) is anticipated to provide additional revenues to the County for repair and rehabilitation of its transportation infrastructure. The County plans to utilize these funds, as well as, other available federal, state, and local funds, to improve its transportation infrastructure. The development and implementation of effective pavement repair and rehabilitation alternatives may, periodically, require certain expertise which the County may wish to supplement through consultant services. Such expertise may be required in assisting with prioritization and planning process, evaluating various rehabilitation/restoration alternatives and develop a recommendation for the most appropriate alternative, developing a pavement design for the selected alternative, reviewing the in-progress design plans and the final Plans, Specifications & Estimate (PS&E) package, providing technical assistance during the construction phase, performing periodic site visits during the construction phase.
Therefore, on January 16, 2019, the Department of Public Works issued a Request for Qualifications (RFQ) for Staff Augmentation Services for Department of Public Works Projects.
Statements of Qualifications (SOQs) were received from Curren Consulting and GHD Inc. as a result of the solicitation. A Consultant Selection Board reviewed the SOQs in accordance with Caltrans Local Assistance Procedures Manual (LAPM), Chapter 10, and the County of Lake policy for review and selection of professional consultants, and ranked Curren Consulting as the more-qualified firm. The on-call agreement is set for a term not to exceed five (5) years for a total not to exceed $100,000.00 for the duration of the agreement. The hourly billing rate was negotiated by the staff and is included in the agreement.
The cost of services to be rendered under this agreement will be funded through federal, state, and local funds, as appropriate.
RECOMMENDATION
Staff recommends that the Board of Supervisors approve the Agreement for Staff Augmentation Services for Department of Public Works Projects with Curren Consulting in the amount not to exceed $100,000.00 and authorize the Chair to execute said Agreement.
FISCAL IMPACT: __ None X__ Budgeted __Non-Budgeted
Estimated Cost: $100,000
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
The cost of services to be rendered under this agreement will be funded through federal, state, and local funds, as appropriate.
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Approve the Agreement between the County of Lake and Curren Consulting for Staff Augmentation Services for Department of Public Works Projects in the amount not to exceed $100,000 and authorize the Chair to sign.
5.11Approve Budget Transfer in the Sheriff/DNA Fund for the Purchase of a Back-up Generator at the Evidence Facility due to anticipated Public Safety Power Shut-off
Action Item
pulled on consent
approved — Pass
Staff memo
FISCAL IMPACT: __ None _x_ Budgeted __Non-Budgeted
Amount Budgeted: 40,000
Additional Requested: N/A
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Funding is available in the Sheriff/DNA budget unit 2213. This request is for approval of a budget transfer, transferring funds into a fixed asset account. This purchase is from special funding sources and so no county general fund money is included for this purchase.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: The Sheriff's Department recommends approval of this budget transfer in the Sheriff/DNA fund for the purchase of a back-up generator at the Evidence Facility due to anticipated Public Safety Power Shut-off
Original memo text
..Title
..Body
MEMORANDUM
TO: Tina Scott, Chairperson, Board of Supervisors
FROM: Brian L. Martin, Sheriff/Coroner
DATE: June 11, 2019
SUBJECT: Approve budget transfer in the Sheriff/DNA fund for the purchase of a back-up generator at the Evidence Facility due to anticipated Public Safety Power Shut-off
EXECUTIVE SUMMARY: The Sheriff's Department requests approval of the attached budget transfer authorizing the transfer of funds in the Sheriff/DNA budget 2213 for the purchase of a back-up generator for its Evidence Facility. The bid has been approved by Public Services and will sign the purchase order. The purchase is allowable from the DNA budget under section 76104.6.3(C) of the penal code.
FISCAL IMPACT: __ None _x_ Budgeted __Non-Budgeted
Estimated Cost: 37,120
Amount Budgeted: 40,000
Additional Requested: N/A
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Funding is available in the Sheriff/DNA budget unit 2213. This request is for approval of a budget transfer, transferring funds into a fixed asset account. This purchase is from special funding sources and so no county general fund money is included for this purchase.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: The Sheriff's Department recommends approval of this budget transfer in the Sheriff/DNA fund for the purchase of a back-up generator at the Evidence Facility due to anticipated Public Safety Power Shut-off
On motion of Supervisor Sabatier, and by vote of the Board, approved the Budget Transfer in the Sheriff/DNA Fund for the Purchase of a Back-up Generator at the Evidence Facility due to anticipated Public Safety Power Shut-off. The motion carried by the following vote:
Clerk’s notes: Supervisor Brown pulled this item for further discussion. Sheriff Brian Martin presented the item to the Board. Public Services Director Lars Ewing was present and spoke.
Chair Scott asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.12a) Waive the formal bidding process per Ordinance #2406, Purchasing Code 38.1, as cost of service has not increased; b) Approve Contract between the County of Lake and Industrial Employers and Distributors Association for Public Authority Labor Negotiations in the Amount of $22,588 for FY 2019-2020 and authorize the Chair to Sign
Agreement
passed on consent
Staff memo
FISCAL IMPACT: __ None X_Budgeted __Non-Budgeted
Amount Budgeted: $22,588
Additional Requested: $0
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:
a) Waive the formal bidding process per Ordinance #2406, Purchasing Code 38.1, as cost of service has not increased; b) Approve Contract between the County of Lake and Industrial Employers and Distributors Association for Public Authority Labor Negotiations in the amount of $22,588, from July 1, 2019 to June 30, 2020; and authorize the Chair to sign.
Thank you for your consideration.
Attachment: 2019-20 Contract for County of Lake and Industrial Employers and Distributors Association.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Crystal Markytan, Social Services Director
DATE: June 11, 2019
SUBJECT: a) Waive the formal bidding process per Ordinance #2406, Purchasing Code 38.1, as cost of service has not increased; b) Approve Contract between the County of Lake and Industrial Employers and Distributors Association for Public Authority Labor Negotiations in the amount of $22,588, from July 1, 2019 to June 30, 2020 and authorize the Chair to sign.
EXECUTIVE SUMMARY:
Lake County Department of Social Services (LCDSS) requests to waive the formal bidding process because the cost of service has not increased, therefore it is not a beneficial choice to change contractors at this time. Industrial Employers and Distributors Association (IEDA) has provided In-Home Supportive Services (IHSS) Public Authority Labor Negotiations for many years. IEDA works with the LCDSS Director and IHSS Public Authority Board of Directors on matters pertaining to employment conditions and employer-employee relations. They have proved to be more than competent to provide the necessary services at a competitive price, which has not increased since 2011. Additionally, IEDA provides labor negotiation services to many other public agencies in California. This contract will renew services for fiscal year 2019-2020.
FISCAL IMPACT: __ None X_Budgeted __Non-Budgeted
Estimated Cost: $22,588
Amount Budgeted: $22,588
Additional Requested: $0
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:
a) Waive the formal bidding process per Ordinance #2406, Purchasing Code 38.1, as cost of service has not increased; b) Approve Contract between the County of Lake and Industrial Employers and Distributors Association for Public Authority Labor Negotiations in the amount of $22,588, from July 1, 2019 to June 30, 2020; and authorize the Chair to sign.
Thank you for your consideration.
Attachment: 2019-20 Contract for County of Lake and Industrial Employers and Distributors Association.
5.13Approve waiver of the 900 hour limit for Quagga Mussel Ramp Coordinators Edward Jones and Edwin Scotton.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
The Water Resources Department requests authorization to waive the 900-hour limit for Edward Jones and Edwin Scotton. They coordinate quagga screening and monitoring activities at boat ramps around Clear Lake. Their wages - paid from Budget Unit 8109 - are completely funded by a grant from the California Division of Boating and Waterways. Hours are not to exceed 950 each.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Amount Budgeted: $2,000.00
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
RECOMMENDED ACTION:
Approve waiver of the 900 hour limit for Quagga Mussel Ramp Coordinators Edward Jones and Edwin Scotton.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Directors, Lake County Watershed Protection District
FROM: David Cowan, Water Resources Director
DATE: June 11, 2019
SUBJECT: Approve waiver of the 900 hour limit for Quagga Mussel Ramp Coordinators Edward Jones and Edwin Scotton.
EXECUTIVE SUMMARY:
The Water Resources Department requests authorization to waive the 900-hour limit for Edward Jones and Edwin Scotton. They coordinate quagga screening and monitoring activities at boat ramps around Clear Lake. Their wages - paid from Budget Unit 8109 - are completely funded by a grant from the California Division of Boating and Waterways. Hours are not to exceed 950 each.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: $2,000.00
Amount Budgeted: $2,000.00
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
RECOMMENDED ACTION:
Approve waiver of the 900 hour limit for Quagga Mussel Ramp Coordinators Edward Jones and Edwin Scotton.
5.14Approve Minutes of the Board of Supervisors meeting held February 5, 2019
Minutes
passed on consent
approved — Pass
On motion of Supervisor Simon, and by vote of the Board, approved Consent Agenda items 5.1 through 5.14, with the exception of item 5.11 which was pulled for further discussion. The motion carried by the following vote:
6. Timed Items
6.19:05 A.M. - Public Input
Clerk’s notes: Public members Teresa and Patricia Nelson spoke. Sheriff Brian Martin, Public Services Director Lars Ewing and County Administrative Officer Carol Huchingson spoke.
7. Non-Timed Items
7.1Supervisors’ weekly calendar, travel and reports
7.2Consideration of Response to the 2018-19 Grand Jury Special Report
Action Item
approved — Pass
Staff memo
EXECUTIVE SUMMARY:
As your Board is aware, the Lake County Civil Grand Jury is an examining and investigative body that makes recommendations to improve systems, procedures, and methods of operations. A final report is created on an annual basis, documenting their Findings and Recommendations.
Your Board will recognize that delivery of this particular report, and therefore discussion of your response, comes at an uncustomary interval. The 2018-19 Civil Grand Jury believed the substance of the Findings and Recommendations documented in this Special Report required urgent action, and Judge Andrew S. Blum authorized its early release March 14, 2019. The attached response has thus been prepared to meet the 90-day statutory deadline.
Guidelines for responses are provided in the California Penal Code, sections 933 and 933.05. Appointed Department Heads are invited to respond, whereas elected officials, including your Board, are required to respond. Continuing their 2017-18 practice, the Grand Jury has required your Board to respond to specifically annotated Recommendations, as opposed to all Findings and Recommendations for this Report.
The response drafted for your consideration reflects information provided by the Department of Public Works, and reviewed by Administrative staff.
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 response to the 2018-19 Grand Jury Special Report, and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: June 11, 2019
SUBJECT: Consideration of Response to the 2018-19 Grand Jury Special Report
EXECUTIVE SUMMARY:
As your Board is aware, the Lake County Civil Grand Jury is an examining and investigative body that makes recommendations to improve systems, procedures, and methods of operations. A final report is created on an annual basis, documenting their Findings and Recommendations.
Your Board will recognize that delivery of this particular report, and therefore discussion of your response, comes at an uncustomary interval. The 2018-19 Civil Grand Jury believed the substance of the Findings and Recommendations documented in this Special Report required urgent action, and Judge Andrew S. Blum authorized its early release March 14, 2019. The attached response has thus been prepared to meet the 90-day statutory deadline.
Guidelines for responses are provided in the California Penal Code, sections 933 and 933.05. Appointed Department Heads are invited to respond, whereas elected officials, including your Board, are required to respond. Continuing their 2017-18 practice, the Grand Jury has required your Board to respond to specifically annotated Recommendations, as opposed to all Findings and Recommendations for this Report.
The response drafted for your consideration reflects information provided by the Department of Public Works, and reviewed by Administrative staff.
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 response to the 2018-19 Grand Jury Special Report, and authorize the Chair to sign.
On motion of Supervisor Simon, and by vote of the Board, approved the Response to the 2018-19 Grand Jury Special Report. The motion carried by the following vote:
Clerk’s notes: Public Works Director Scott DeLeon presented the item to the Board. County Administrative Officer Carol Huchingson spoke.
Chair Scott asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.3Consideration of a Budget Transfer from BU 7999 - Contingencies to BU 2106 - Grand Jurors to provide sufficient funding for Transportation & Travel and Per Diem expenses for the month of June, 2019
Action Item
denied — Pass
Staff memo
EXECUTIVE SUMMARY: The Administrative Office is responsible for BU 2106 - Grand Jurors, and submits monthly charges for their Transportation & Travel (account 29-50) and Per Diem expenses (account 16-00) to the Auditor for payment. The charges that were submitted by Grand Jurors for the month of May, 2019 caused account 29-50 to become overdrawn, exceeding the Grand Jury's budget approved by your Board for Fiscal Year 2018-2019.
Because there are insufficient funds remaining in the Grand Jury budget, a Budget Transfer from BU 7999 - Contingencies has been submitted for your consideration. As your Board is aware, contingency funds are set aside for emergent situations and to offset unanticipated budget shortfalls. If approved by your Board, this will be the first use of Contingencies in many years.
FISCAL IMPACT: __ None __Budgeted _x_Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approve Budget Transfer authorizing the transfer of funds from BU 7999 Contingencies Account 710.90-91 in the amount of $5000.00 to to BU 2106 Grand Jury Account 721.16-00 - $2,500.00 and 721.29-50 - $2,500.00 for jury per diem expense, transportation and travel.
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Tina Scott, Chair, Lake County Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: June 11, 2019
SUBJECT: Consideration of a Budget Transfer from BU 7999 - Contingencies to BU 2106 - Grand Jurors to provide sufficient funding for Transportation & Travel and Per Diem expenses for the month of June, 2019
EXECUTIVE SUMMARY: The Administrative Office is responsible for BU 2106 - Grand Jurors, and submits monthly charges for their Transportation & Travel (account 29-50) and Per Diem expenses (account 16-00) to the Auditor for payment. The charges that were submitted by Grand Jurors for the month of May, 2019 caused account 29-50 to become overdrawn, exceeding the Grand Jury's budget approved by your Board for Fiscal Year 2018-2019.
Because there are insufficient funds remaining in the Grand Jury budget, a Budget Transfer from BU 7999 - Contingencies has been submitted for your consideration. As your Board is aware, contingency funds are set aside for emergent situations and to offset unanticipated budget shortfalls. If approved by your Board, this will be the first use of Contingencies in many years.
FISCAL IMPACT: __ None __Budgeted _x_Non-Budgeted
Estimated Cost: $5,000
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approve Budget Transfer authorizing the transfer of funds from BU 7999 Contingencies Account 710.90-91 in the amount of $5000.00 to to BU 2106 Grand Jury Account 721.16-00 - $2,500.00 and 721.29-50 - $2,500.00 for jury per diem expense, transportation and travel.
On motion of Supervisor Sabatier, and by vote of the Board, denied the Budget Transfer from BU 7999 - Contingencies to BU 2106 - Grand Jurors to provide sufficient funding for Transportation & Travel and Per Diem expenses for the month of June, 2019. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board.
Chair Scott asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.4(Sitting as the Lake County Air Quality Management District Board of Directors) - Discussion and Consideration of Cannabis Permitting and Fees
Action Item
approved with conditions — Pass
Staff memo
EXECUTIVE SUMMARY:
The Lake County Air Quality Management District (District) maintains an active and effective air quality management program to protect the health and welfare of the populace of the Lake County Air Basin. This is a shared mission with State and Federal agencies. The District has primary responsibility for stationary air pollution sources in conformance with all District regulations and State and Federal laws. As a designated Air Basin, the District participates in several Local, State and Federal programs by law.
With the legalization of cannabis in California, the Lake County Air Quality Management District staff has been assisting the County of Lake address environmental concerns related to odor impacts from cultivation activities. Currently the State of California does not define cannabis as an agricultural crop, and thus cultivation is not exempt from odor regulation.
Starting in the Fall of 2017, the County of Lake included the requirement for cannabis operations to obtain a District Authority to Construct permit as the best method to deal with the odor issues. The ordinance does not change or affect the District's authority to regulate the industry, however it does provide a clear statement that odor is an important issue.
In response to this Board's request, we are bringing this topic forward to have a more thorough discussion of the laws that affect our operations and permitting process as well as options for this Board to consider moving forward with this industry.
The District was created by mandate of the State of California and is the primary entity responsible for the control of air pollution from all sources per California Health and Safety Code (H&SC), other than emissions from motor vehicles. Odor is defined in H&SC Section 39013 as an air pollutant.
The District funding options are defined in H&SC 40701.5 and consist of Grants, Subvention from the State, Permit Fees, and Penalties. There are other sources, but these are minimal. The District does not have a surcharge or fee on motor vehicle registrations. Subvention is utilized to cover costs associated with compliance with and enforcement of State Regulations, as well as State reporting, limited air monitoring work, and other State mandates. Penalties are used to offset costs of the burn program, educational materials, small business assistance, and some complaint investigations. Permit fees pay for the program costs associated with regulating sources of air pollution and the industry that is regulated.
The District is required to have Rules and Regulations that are complaint with State law to achieve and maintain the State and Federal Ambient Air Quality Standards in all areas affected by emission sources. District Rule Section 605 requires the applicant to submit information sufficient to describe the nature and amount of emissions, location, design,... necessary to make the analysis required by this article. The emission information is required to be analyzed prior to issuance of a permit. Due to the former illegal status of cannabis, this information is not available. We have decided to utilize Rule Section 650, which allows for emissions evaluations by either hiring a consultant or by paying the costs of the District to do the evaluation. These costs are built into the total program costs to be funded by permit fees, rather than direct billing of each source. Direct billing would put the costs of evaluating the industry wide impacts / emissions on a few sources where it is most appropriate to spread the cost out to the industry as a whole. Additionally, direct billing would add costs related to time tracking, invoicing, accounting, etc... that can be minimized by utilizing the program costs approach.
Permit programs are defined in H&SC, which states that permits can only be issued for a specified period, but can be renewed (extended) upon annual review and payment of fees. Environmental conditions fluctuate more rapidly than land use conditions, so permits are more limited and require annual reviews. District Rule Section 601 states that an Authority to Construct permits shall be valid for a period of one (1) year from the date of issuance. Most of the currently permitted cultivation operations are utilizing temporary permits, and will be transitioned to regular Authority to Construct permits on Nov. 1, which is our standard permit renewal time. Because of this, few cultivators will pay renewal fees this year, as the permit fees were already paid. The few cultivators that needed standard permits will only pay pro-rated renewal fees.
In the coming years, air monitoring and staff costs will require permit revenue, or other revenue to cover the program costs. With our experience regulating and inspecting the geothermal industry for odor issues, we know how challenging regulating odor can be. Even with proper instruments, when conditions are right, it can take weeks to track down and identify the source of an odor complaint. This work includes field work, meteorological research, modeling, mapping, and equipment calibration and maintenance, all of which are expensive and time consuming. With cannabis, we have received odor complaints related to cultivation, and it does take time to investigate those complaints. Currently we do not have monitoring equipment to help with these investigations. Fees will cover the costs to evaluate and purchase monitoring equipment.
In listening to the input from this Board, we have developed several options for this Board to consider:
1) The first is to direct staff to continue to permit cultivation activities and evaluate program costs and fees annually until the industry has stabilized.
2) The second is to direct staff to consider reduced permit fees for the cultivation industry and identify potential sources of funding to cover the costs of enforcement and source testing, or
3) Third to direct staff to put the permitting of cannabis cultivation on hold until such time as the State provides guidance, or the Board directs staff otherwise.
The last option would put odor complaints and investigations back on LCCDD staff or others. District staff would no longer respond to any cannabis cultivation related complaints or issues.
If the Board directs staff to follow Option 1, then District staff recommends reducing the highest fee category down from $15,501.64 to $6,459.01 for the coming year (subject to CPI adjustment on July 1), with all other categories being reduced or consolidated into fewer categories. The lowest fee would remain at $258.36, with the fee structure split by cultivation canopy size. Small cultivation operations would be $904.25, Medium cultivation permits would be $2,066.08, and the large operations would be $6,459.01.
If the Board directs staff to follow Option 2, then District staff is recommends temporarily reducing the fee range to $258.38 for the small cultivation operations to $2,066.88 for the large cultivation operations (subject to CPI adjustment on July 1) with the costs of enforcement of illegal operations, source testing and air monitoring, and evaluation of abatement technologies paid through other funds to be determined, such as the cannabis tax. Funding needs to cover the costs of evaluations, and could cover up to the whole cost of the permit fee as well.
As suggested, the Cultivation tax could be utilized to cover the program costs of the District, offsetting the permit fees charged to sources, or just covering the additional costs of program development over the next 5 years. Should the cannabis taxes or other funds not be received by the District, the full cost of the permitting program could then be billed.
District staff is recommending Option 1, as it is sustainable funding that would allow us to hire the staff we need, and perform the evaluations necessary for this industry. The process will be slower, as this fee level is anticipated to cover one staff person and a small amount extra starting in 2 years, as the industry growth stabilizes. Option 2 is also recommended, as long as funding is found to support the additional workload not covered by permit fees, and the District could revert to Option 1 should the cannabis tax dollars or other funding no longer be available.
..Recommended Action
RECOMMENDED ACTION:
1) That the Board of Directors determine what is in the best interest of the impacted community related to cultivation of cannabis and provide policy direction for staff to regulate or not regulate this industry and;
2) If the direction is to continue to regulate cannabis cultivation, provide a policy directive for staff to follow related to fees.
CC: Carol J. Huchingson, County Administrative Officer
Original memo text
..Title
..Body
MEMORANDUM
TO: Lake County Air Quality Management District Board of Directors
FROM: Douglas Gearhart, APCO
DATE: June 11, 2019
SUBJECT: Discussion and Consideration of Cannabis Permitting and Fees
EXECUTIVE SUMMARY:
The Lake County Air Quality Management District (District) maintains an active and effective air quality management program to protect the health and welfare of the populace of the Lake County Air Basin. This is a shared mission with State and Federal agencies. The District has primary responsibility for stationary air pollution sources in conformance with all District regulations and State and Federal laws. As a designated Air Basin, the District participates in several Local, State and Federal programs by law.
With the legalization of cannabis in California, the Lake County Air Quality Management District staff has been assisting the County of Lake address environmental concerns related to odor impacts from cultivation activities. Currently the State of California does not define cannabis as an agricultural crop, and thus cultivation is not exempt from odor regulation.
Starting in the Fall of 2017, the County of Lake included the requirement for cannabis operations to obtain a District Authority to Construct permit as the best method to deal with the odor issues. The ordinance does not change or affect the District's authority to regulate the industry, however it does provide a clear statement that odor is an important issue.
In response to this Board's request, we are bringing this topic forward to have a more thorough discussion of the laws that affect our operations and permitting process as well as options for this Board to consider moving forward with this industry.
The District was created by mandate of the State of California and is the primary entity responsible for the control of air pollution from all sources per California Health and Safety Code (H&SC), other than emissions from motor vehicles. Odor is defined in H&SC Section 39013 as an air pollutant.
The District funding options are defined in H&SC 40701.5 and consist of Grants, Subvention from the State, Permit Fees, and Penalties. There are other sources, but these are minimal. The District does not have a surcharge or fee on motor vehicle registrations. Subvention is utilized to cover costs associated with compliance with and enforcement of State Regulations, as well as State reporting, limited air monitoring work, and other State mandates. Penalties are used to offset costs of the burn program, educational materials, small business assistance, and some complaint investigations. Permit fees pay for the program costs associated with regulating sources of air pollution and the industry that is regulated.
The District is required to have Rules and Regulations that are complaint with State law to achieve and maintain the State and Federal Ambient Air Quality Standards in all areas affected by emission sources. District Rule Section 605 requires the applicant to submit information sufficient to describe the nature and amount of emissions, location, design,... necessary to make the analysis required by this article. The emission information is required to be analyzed prior to issuance of a permit. Due to the former illegal status of cannabis, this information is not available. We have decided to utilize Rule Section 650, which allows for emissions evaluations by either hiring a consultant or by paying the costs of the District to do the evaluation. These costs are built into the total program costs to be funded by permit fees, rather than direct billing of each source. Direct billing would put the costs of evaluating the industry wide impacts / emissions on a few sources where it is most appropriate to spread the cost out to the industry as a whole. Additionally, direct billing would add costs related to time tracking, invoicing, accounting, etc... that can be minimized by utilizing the program costs approach.
Permit programs are defined in H&SC, which states that permits can only be issued for a specified period, but can be renewed (extended) upon annual review and payment of fees. Environmental conditions fluctuate more rapidly than land use conditions, so permits are more limited and require annual reviews. District Rule Section 601 states that an Authority to Construct permits shall be valid for a period of one (1) year from the date of issuance. Most of the currently permitted cultivation operations are utilizing temporary permits, and will be transitioned to regular Authority to Construct permits on Nov. 1, which is our standard permit renewal time. Because of this, few cultivators will pay renewal fees this year, as the permit fees were already paid. The few cultivators that needed standard permits will only pay pro-rated renewal fees.
In the coming years, air monitoring and staff costs will require permit revenue, or other revenue to cover the program costs. With our experience regulating and inspecting the geothermal industry for odor issues, we know how challenging regulating odor can be. Even with proper instruments, when conditions are right, it can take weeks to track down and identify the source of an odor complaint. This work includes field work, meteorological research, modeling, mapping, and equipment calibration and maintenance, all of which are expensive and time consuming. With cannabis, we have received odor complaints related to cultivation, and it does take time to investigate those complaints. Currently we do not have monitoring equipment to help with these investigations. Fees will cover the costs to evaluate and purchase monitoring equipment.
In listening to the input from this Board, we have developed several options for this Board to consider:
1) The first is to direct staff to continue to permit cultivation activities and evaluate program costs and fees annually until the industry has stabilized.
2) The second is to direct staff to consider reduced permit fees for the cultivation industry and identify potential sources of funding to cover the costs of enforcement and source testing, or
3) Third to direct staff to put the permitting of cannabis cultivation on hold until such time as the State provides guidance, or the Board directs staff otherwise.
The last option would put odor complaints and investigations back on LCCDD staff or others. District staff would no longer respond to any cannabis cultivation related complaints or issues.
If the Board directs staff to follow Option 1, then District staff recommends reducing the highest fee category down from $15,501.64 to $6,459.01 for the coming year (subject to CPI adjustment on July 1), with all other categories being reduced or consolidated into fewer categories. The lowest fee would remain at $258.36, with the fee structure split by cultivation canopy size. Small cultivation operations would be $904.25, Medium cultivation permits would be $2,066.08, and the large operations would be $6,459.01.
If the Board directs staff to follow Option 2, then District staff is recommends temporarily reducing the fee range to $258.38 for the small cultivation operations to $2,066.88 for the large cultivation operations (subject to CPI adjustment on July 1) with the costs of enforcement of illegal operations, source testing and air monitoring, and evaluation of abatement technologies paid through other funds to be determined, such as the cannabis tax. Funding needs to cover the costs of evaluations, and could cover up to the whole cost of the permit fee as well.
As suggested, the Cultivation tax could be utilized to cover the program costs of the District, offsetting the permit fees charged to sources, or just covering the additional costs of program development over the next 5 years. Should the cannabis taxes or other funds not be received by the District, the full cost of the permitting program could then be billed.
District staff is recommending Option 1, as it is sustainable funding that would allow us to hire the staff we need, and perform the evaluations necessary for this industry. The process will be slower, as this fee level is anticipated to cover one staff person and a small amount extra starting in 2 years, as the industry growth stabilizes. Option 2 is also recommended, as long as funding is found to support the additional workload not covered by permit fees, and the District could revert to Option 1 should the cannabis tax dollars or other funding no longer be available.
..Recommended Action
RECOMMENDED ACTION:
1) That the Board of Directors determine what is in the best interest of the impacted community related to cultivation of cannabis and provide policy direction for staff to regulate or not regulate this industry and;
2) If the direction is to continue to regulate cannabis cultivation, provide a policy directive for staff to follow related to fees.
CC: Carol J. Huchingson, County Administrative Officer
On motion of Supervisor Simon, and by vote of the Board, directed staff to put the permitting of cannabis cultivation on hold by the Air Qualtiy Department until such time as the State provides guidance, or the Board directs staff otherwise. The motion carried by the following vote:
Clerk’s notes: Air Pollution Control Officer Doug Gearhart presented the item to the Board. A PowerPoint presentation was given on the subject of cannabis and air quality. Community Development Director Michalyn DelValle spoke.
Chair Scott asked if anyone present wished to speak and the following people spoke: Michael Green, Michael Donovan, Lance Williams, Damian Ramirez, Erin McCarrick, Jennifer Smith, Rick Mayo, John Brosnan, Bob Scala and Mary Draper. No one else wished to speak and the public input portion of this item was closed.
7.5(Continued from May 21, 2019 and April 9, 2019) Consideration of Discussion and Direction to Staff concerning the County Regulation of Industrial Hemp
Action Item
continued
Staff memo
The State of California Office of Administrative Law (OAL) recently approved Section 4900 in Title 3 of the California Code of Regulations pertaining to industrial hemp registration. The regulation enables, California Department of Food and Agriculture to open registration with county agricultural commissioners for industrial hemp cultivation.
The State has determined that Industrial Hemp is an agricultural commodity and therefore is currently permitted as a primary use within the following zoning districts:
Agricultural Preserve
Agriculture
Timberland Preserve
Rural Lands
Rural Residential
Open Space
Based on research, when Male Hemp plants are grown it poses a risk to Cannabis Cultivation where cross pollination can occur. Several other Counties have recommended that Hemp be grown at least 10 miles from Commercial Cannabis Cultivation. Research indicates that it can be difficult to distinguish between Hemp and Cannabis and therefore staff recommends that the Hemp sites be fenced for security purposes and be setback from uses that may attract children or that provide a service for children. Based on these factors, staff recommends that the Lake County Zoning Ordinance be amended to require a Zoning Permit for Industrial Hemp in the zoning districts listed above and subject to the following conditions of approval:
1. Industrial Hemp cultivation site shall:
a. Be setback a minimum of 10 miles from an approved Commercial Cannabis Site;
b. Be completely fenced with a minimum of 6 foot high solid fence;
c. Be setback a minimum of 1,000 feet from the following areas or uses:
i. Any public or private school, grades K through 12
ii. A developed park containing playground equipment
iii. A licensed child care facility or nursery school, church or youth orientated facility catering to or providing services primarily intended for minors.
RECOMMEDATION:
Staff recommends that the Board of Supervisors provide direction to staff.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Amount Budgeted: N/A
Additional Requested: N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
Provide direction to staff concerning the Lake County regulation of industrial hemp.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Michalyn DelValle, Community Development Director
DATE: June 11, 2019
SUBJECT: (Continued from May 21, 2019 and April 9, 2019) Discussion and Consideration of County Regulation of Industrial Hemp
EXHIBITS: A: APPROVED AND UNDER PROCESS CANNABIS CULTIVATION SITES
EXECUTIVE SUMMARY:
The State of California Office of Administrative Law (OAL) recently approved Section 4900 in Title 3 of the California Code of Regulations pertaining to industrial hemp registration. The regulation enables, California Department of Food and Agriculture to open registration with county agricultural commissioners for industrial hemp cultivation.
The State has determined that Industrial Hemp is an agricultural commodity and therefore is currently permitted as a primary use within the following zoning districts:
Agricultural Preserve
Agriculture
Timberland Preserve
Rural Lands
Rural Residential
Open Space
Based on research, when Male Hemp plants are grown it poses a risk to Cannabis Cultivation where cross pollination can occur. Several other Counties have recommended that Hemp be grown at least 10 miles from Commercial Cannabis Cultivation. Research indicates that it can be difficult to distinguish between Hemp and Cannabis and therefore staff recommends that the Hemp sites be fenced for security purposes and be setback from uses that may attract children or that provide a service for children. Based on these factors, staff recommends that the Lake County Zoning Ordinance be amended to require a Zoning Permit for Industrial Hemp in the zoning districts listed above and subject to the following conditions of approval:
1. Industrial Hemp cultivation site shall:
a. Be setback a minimum of 10 miles from an approved Commercial Cannabis Site;
b. Be completely fenced with a minimum of 6 foot high solid fence;
c. Be setback a minimum of 1,000 feet from the following areas or uses:
i. Any public or private school, grades K through 12
ii. A developed park containing playground equipment
iii. A licensed child care facility or nursery school, church or youth orientated facility catering to or providing services primarily intended for minors.
RECOMMEDATION:
Staff recommends that the Board of Supervisors provide direction to staff.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost: N/A
Amount Budgeted: N/A
Additional Requested: N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
Provide direction to staff concerning the Lake County regulation of industrial hemp.
There was Board direction to staff to bring back this item to discuss regulations that can be imposed including feminized seed and surety bond requirements and whether this can be applied to pending applications.
Clerk’s notes: Agriculture Commissioner Steve Hajik presented the item to the Board. Community Development Director Michalyn DelValle was present and spoke.
Chair Scott asked if anyone present wished to speak and the following people spoke: Michael Green, Lance Williams, Mary Draper, Hank Lescher, Michael Donovan, John Brosnan and Jennifer Smith. No one else wished to speak and the public input portion of this item was closed.
7.7(Sitting as Board of Directors, Lake County Watershed Protection District) Consideration of the Award of Bid No. WR 19-01 for Evaluation of Levee Culverts Project, Upper Lake, CA. in the amount of $87,927.52 and authorize the Chair to sign the Agreement and Notice of Award
Action Item
approved
Carried 5-0 — moved by Crandell
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
EXECUTIVE SUMMARY:
In December 2017, 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 ("District") for deferred maintenance of the Middle Creek Flood Control Project (Resolution No. 2017-160). The scope of this project is to clean and video inspect 40 culverts within the flood control system. The agreement with DWR anticipated that Phase I of the work would be completed by December 2018.
Grant funds were made available in May 2018, and contractor selection and other preparatory work was begun in July 2018. The District advertised the project in August 2018, but did not receive bids for the project. In February 2019, the District again advertised the project with a scope-of-work to clean and video inspect 37 culverts.
On March 01, 2019, the Water Resources Department publicly opened bids for the project. Three (3) bids were received for this project. The apparent low bidder was Lamassu Utility Services, Inc. from Benicia, California. However, all bids exceeded the amount budgeted for construction. As such, DWR requested that the project scope-of-work be reduced.
Based on consultation with DWR, eight (8) culverts were removed from the scope-of-work. Culverts were selected based on identified priorities and needs within the flood control system.
After reducing the scope-of-work, the bids were re-tabulated. The apparent low bidder was Lamassu Utility Services, Inc. from Benicia, California. Bid tabulations for both the original scope-of-work and the reduced scope-of-work are provided.
The project will be paid from Budget Unit 8108 and reimbursed by DWR. In 2017, the cost of the project was anticipated to be $82,080.00. The bid for the reduced scope-of-work was $87,927.52. 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 $8,793.00
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Amount Budgeted: $87,927.52
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
RECOMMENDED ACTION: Consideration of the Award of Bid No. WR 19-01 for Evaluation of Levee Culverts Project, Upper Lake, CA. in the amount of $87,927.52 and authorize the Chair to sign 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: June 11, 2019
SUBJECT: Consideration of the Award of Bid No. WR 19-01 for Evaluation of Levee Culverts Project, Upper Lake, CA. in the amount of $87,927.52 and authorize the Chair to sign the Agreement and Notice of Award.
EXECUTIVE SUMMARY:
In December 2017, 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 ("District") for deferred maintenance of the Middle Creek Flood Control Project (Resolution No. 2017-160). The scope of this project is to clean and video inspect 40 culverts within the flood control system. The agreement with DWR anticipated that Phase I of the work would be completed by December 2018.
Grant funds were made available in May 2018, and contractor selection and other preparatory work was begun in July 2018. The District advertised the project in August 2018, but did not receive bids for the project. In February 2019, the District again advertised the project with a scope-of-work to clean and video inspect 37 culverts.
On March 01, 2019, the Water Resources Department publicly opened bids for the project. Three (3) bids were received for this project. The apparent low bidder was Lamassu Utility Services, Inc. from Benicia, California. However, all bids exceeded the amount budgeted for construction. As such, DWR requested that the project scope-of-work be reduced.
Based on consultation with DWR, eight (8) culverts were removed from the scope-of-work. Culverts were selected based on identified priorities and needs within the flood control system.
After reducing the scope-of-work, the bids were re-tabulated. The apparent low bidder was Lamassu Utility Services, Inc. from Benicia, California. Bid tabulations for both the original scope-of-work and the reduced scope-of-work are provided.
The project will be paid from Budget Unit 8108 and reimbursed by DWR. In 2017, the cost of the project was anticipated to be $82,080.00. The bid for the reduced scope-of-work was $87,927.52. 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 $8,793.00
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Estimated Cost: $87,927.52
Amount Budgeted: $87,927.52
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
RECOMMENDED ACTION: Consideration of the Award of Bid No. WR 19-01 for Evaluation of Levee Culverts Project, Upper Lake, CA. in the amount of $87,927.52 and authorize the Chair to sign the Agreement and Notice of Award.
On motion of Supervisor Crandell, and by vote of the Board, approved the Award of Bid No. WR 19-01 for Evaluation of Levee Culverts Project, Upper Lake, CA. in the amount of $87,927.52 and authorized the Chair to sign the Agreement and Notice of Award. The motion carried by the following vote:
Ayes: Directors Simon, Sabatier, Crandell, Brown and Scott
Clerk’s notes: Water Resources Director David Cowan presented the item to the Board.
Chair Scott asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.8(Sitting as Board of Directors, Lake County Watershed Protection District) Consideration and Approval of Agreement #4600012946 between the Lake County Watershed Protection District (District) and the State of California Department of Water Resources (DWR) in the Amount of $15,000,000 for the Purchase and Maintenance of Properties as Part of the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project (Project); and Authorize the Water Resources Director to sign
Agreement
approved
Carried 5-0 — moved by Crandell
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
County Council has reviewed and approved these changes. Once approved by your Board, the funds will be used to begin purchasing flood prone properties from willing sellers in the project area, a major step toward restoring natural habitats and improving water quality in Clear Lake.
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Amount Budgeted: $15,000,000
Additional Requested:
Annual Cost: $5,000,000 per year for three years
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): The current staff allocation for the Water Resources Department does not provide for a Project Manager for the Project. The 2019-2020 Water Resources Department budget proposal includes the addition of a Water Resources Coordinator and Technician. If approved by the Board, those positions would be partially allocated to the Project. The Director will serve as the project manager in the interim.
..Recommended Action
RECOMMENDED ACTION: Consideration and Approval of Agreement #4600012946 between the Lake County Watershed Protection District (District) and the State of California Department of Water Resources (DWR) in the Amount of $15,000,000 for the Purchase and Maintenance of Properties as Part of the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project (Project); and Authorize the Water Resources Director to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Directors, Lake County Watershed Protection District
FROM: David Cowan, Water Resources Department Director
DATE: June 11, 2019
SUBJECT: Consideration and Approval of Agreement #4600012946 between the Lake County Watershed Protection District (District) and the State of California Department of Water Resources (DWR) in the Amount of $15,000,000 for the Purchase and Maintenance of Properties as Part of the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project (Project); and Authorize the Water Resources Director to sign.
EXECUTIVE SUMMARY: On July 17, 2018, your Board adopted a resolution to accept $15,000,000 in grant funds from DWR and authorizing the Water Resources Director to sign the agreement. The agreement originally presented to the Board has been modified. Changes to the new agreement are as follows:
* Clarification of funding sources - DWR will fund the Project through direct expenditure and through grants pursuant to the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act, (Wat. Code, � 79035 et seq.) (Proposition 13); and through the Disaster Preparedness and Flood Prevention Bond Act of 2006 (Pub. Resources Code, � 5096.800 et seq.) (Proposition 1E)
* Clarification of total contribution from the state - Language was changed to express that this Agreement continues the management and administration of funds granted under Agreement 400003318 which has previously funded $12,954,000 in land acquisition and maintenance as part of the Project. The state's total contribution through both agreements will be $27,954,000
* Grantee clarification - The grantee was changed from the Lake County Flood Control and Water Conservation District to the Lake County Watershed Protection District
* Removal of Cost share - $240,000 in District funds allocated to the project has been removed
County Council has reviewed and approved these changes. Once approved by your Board, the funds will be used to begin purchasing flood prone properties from willing sellers in the project area, a major step toward restoring natural habitats and improving water quality in Clear Lake.
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Estimated Cost: $15,000,000
Amount Budgeted: $15,000,000
Additional Requested:
Annual Cost: $5,000,000 per year for three years
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): The current staff allocation for the Water Resources Department does not provide for a Project Manager for the Project. The 2019-2020 Water Resources Department budget proposal includes the addition of a Water Resources Coordinator and Technician. If approved by the Board, those positions would be partially allocated to the Project. The Director will serve as the project manager in the interim.
..Recommended Action
RECOMMENDED ACTION: Consideration and Approval of Agreement #4600012946 between the Lake County Watershed Protection District (District) and the State of California Department of Water Resources (DWR) in the Amount of $15,000,000 for the Purchase and Maintenance of Properties as Part of the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project (Project); and Authorize the Water Resources Director to sign.
On motion of Supervisor Crandell, and by vote of the Board, approved Agreement #4600012946 between the Lake County Watershed Protection District (District) and the State of California Department of Water Resources (DWR) in the amount of $15,000,000 for the Purchase and Maintenance of Properties as Part of the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project (Project); and authorized the Water Resources Director to sign. The motion carried by the following vote:
Ayes: Directors Simon, Sabatier, Crandell, Brown and Scott
Clerk’s notes: Water Resources Director David Cowan presented the item to the Board. Middle Creek Restoration Coalition member Peter Wyndram was present and gave a presentation of the project including the history with maps. Mr. Wyndram reported the financial estimate was $33.8 million to complete this project. A total of $15 million has been obtained by the Water Resources department to date.
Chair Scott asked if anyone present wished to speak and John Brosnan spoke. No one else wished to speak and the public input portion of this item was closed.
8. Closed Session
8.1Public Employee Evaluations
Title: Animal Control Director
Behavioral Health Administrator
Public Works Director
Closed Session Item
8.2Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code sec. 54956.9(d)(1): County of Lake, et al. v. PG&E, et al
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 2:30 p.m. having taken no action.