Board Of Supervisors — Tuesday, August 20, 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 Minutes of the Board of Supervisors meeting held February 26, 2019
Minutes
passed on consent
Motion carried
Carried 5-0 (recovered from the archived minutes)
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
5.2Adopt Proclamation Designating the Month of August 2019 as Breastfeeding Awareness Month in Lake County
Proclamation
passed on consent
Staff memo
Designating the Month of August 2019 as BREASTFEEDING AWARENESS MONTH in Lake County
WHEREAS, breastfeeding is recognized as the optimal way to feed infants, and infants who are breastfed for 6 months and beyond have significant lifelong health advantages over those who are not; and
WHEREAS, moms and caregivers who are successful at meeting their breastfeeding goals are more likely to be surrounded by a supportive team of family, friends, coworkers, employers, healthcare providers, childcare providers, and other members of the community; and
WHEREAS, communities which create such positive and supportive environments reap the benefits of healthier infants and parents, a more productive workforce, improved household finances, and empowered families; and
WHEREAS, the United States Breastfeeding Committee declared August National Breastfeeding Month and the World Alliance for Breastfeeding Action celebrates 26 years of global action supporting breastfeeding, with the theme, "Empower Parents, Enable Breastfeeding" focusing on supporting both parents to be empowered is vital in order to realize their breastfeeding goals.
NOW, THEREFORE, BE IT PROCLAIMED that the Lake County Board of Supervisors does hereby designate the month of August 2019, as Breastfeeding Awareness Month, and urges all citizens to work together to empower parents, enable breastfeeding, now and for the future.
..Recommended Action
RECOMMENDED ACTION: Adopt Proclamation Designating the Month of August 2019 as Breastfeeding Awareness Month in Lake County.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carolyn Purdy, Assistant Clerk of the Board
DATE: August 20, 2019
SUBJECT: Adopt Proclamation Designating the Month of August 2019 as Breastfeeding Awareness Month in Lake County
EXECUTIVE SUMMARY:
Designating the Month of August 2019 as BREASTFEEDING AWARENESS MONTH in Lake County
WHEREAS, breastfeeding is recognized as the optimal way to feed infants, and infants who are breastfed for 6 months and beyond have significant lifelong health advantages over those who are not; and
WHEREAS, moms and caregivers who are successful at meeting their breastfeeding goals are more likely to be surrounded by a supportive team of family, friends, coworkers, employers, healthcare providers, childcare providers, and other members of the community; and
WHEREAS, communities which create such positive and supportive environments reap the benefits of healthier infants and parents, a more productive workforce, improved household finances, and empowered families; and
WHEREAS, the United States Breastfeeding Committee declared August National Breastfeeding Month and the World Alliance for Breastfeeding Action celebrates 26 years of global action supporting breastfeeding, with the theme, "Empower Parents, Enable Breastfeeding" focusing on supporting both parents to be empowered is vital in order to realize their breastfeeding goals.
NOW, THEREFORE, BE IT PROCLAIMED that the Lake County Board of Supervisors does hereby designate the month of August 2019, as Breastfeeding Awareness Month, and urges all citizens to work together to empower parents, enable breastfeeding, now and for the future.
..Recommended Action
RECOMMENDED ACTION: Adopt Proclamation Designating the Month of August 2019 as Breastfeeding Awareness Month in Lake County.
5.3Adopt Resolution Approving Cooperative Agreement No. 19-0152-000-SA with the California Department of Food and Agriculture State Fuel, Lubricants and Automotive Products Program for the County of Lake.
Resolution
passed on consent
Staff memo
Should the Board adopt this Resolution, please have the chair sign and return one copy of the Agreement, one copy of the Board Resolution and return them to the Agricultural Commissioner's office for processing. A signed completed copy will be returned for your records.
FISCAL IMPACT: __None _X_ Budgeted __Non-Budgeted
Amount Budgeted: $2,475
Additional Requested: None
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution Approving cooperative Agreement No. 19-0152-000-SA with the California Department of Food and Agriculture State Fuel, Lubricants and Automotive Products Program for the County of Lake.
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Board of Supervisors
FROM: Steven Hajik, Agricultural Commissioner/Sealer of Weights and Measures
DATE: August 20, 2019
SUBJECT: Adopt Resolution Approving cooperative Agreement No. 19-0152-000-SA with the California Department of Food and Agriculture State Fuel, Lubricants and Automotive Products Program for the County of Lake
EXECUTIVE SUMMARY: I would like to ask the Board of Supervisors to adopt the attached Resolution approving the agreement with the California Department of Food and Agriculture for the State Fuels, Lubricants, and Automotive Products Program Agreement. No. 19-0152-000-SA. This agreement reimburses the county for activities that ensure correct petroleum, automotive products advertising, and labeling for Fiscal Year 2019/2020. The maximum agreement amount is $2,475 and expected county reimbursement is $2,475.
Should the Board adopt this Resolution, please have the chair sign and return one copy of the Agreement, one copy of the Board Resolution and return them to the Agricultural Commissioner's office for processing. A signed completed copy will be returned for your records.
FISCAL IMPACT: __None _X_ Budgeted __Non-Budgeted
Estimated Cost: $2,475
Amount Budgeted: $2,475
Additional Requested: None
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution Approving cooperative Agreement No. 19-0152-000-SA with the California Department of Food and Agriculture State Fuel, Lubricants and Automotive Products Program for the County of Lake.
5.4Adopt Resolution Approving Agreement No.18-0689-000-SA with the California Department of Food and Agriculture to Provide Reimbursement for Industrial Hemp Cultivation Program for Agreement Term April 30, 2019 Through June 30, 2020.
Resolution
pulled on consent
Adopted
Staff memo
EXECUTIVE SUMMARY: I would like to ask the Board to adopt the attached resolution approving the agreement with the California Department of Food and Agriculture for registering hemp growers, seed breeders, and enforcing all laws, regulations pertaining to industrial hemp. There are currently 33 hemp registrants in the County of Lake. The agreement would reimburse the county up to $2,000 for the activities listed above.
Should the Board adopt the Resolution, please have the chair sign and return one copy of the Agreement, one copy of the Board Resolution and return them to the Agricultural Commissioner's office processing. A signed complete copy will be returned for your records.
FISCAL IMPACT: __ None X _Budgeted __Non-Budgeted
Amount Budgeted: $2,000
Additional Requested: None
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Adopt Resolution Approving Agreement No.18-0689-000-SA with the California Department of Food and Agriculture to Provide Reimbursement for Industrial Hemp Cultivation Program for Agreement Term April 30, 2019 Through June 30, 2020.
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Board of Supervisors
FROM: Steven Hajik, Agricultural Commissioner/Sealer of Weights and Measures
DATE: August 20, 2019
SUBJECT: Adopt Resolution Approving Agreement No.18-0689-000-SA with the California Department of Food and Agriculture to Provide Reimbursement for Industrial Hemp Cultivation Program for Agreement Term April 30, 2019 Through June 30, 2020.
EXECUTIVE SUMMARY: I would like to ask the Board to adopt the attached resolution approving the agreement with the California Department of Food and Agriculture for registering hemp growers, seed breeders, and enforcing all laws, regulations pertaining to industrial hemp. There are currently 33 hemp registrants in the County of Lake. The agreement would reimburse the county up to $2,000 for the activities listed above.
Should the Board adopt the Resolution, please have the chair sign and return one copy of the Agreement, one copy of the Board Resolution and return them to the Agricultural Commissioner's office processing. A signed complete copy will be returned for your records.
FISCAL IMPACT: __ None X _Budgeted __Non-Budgeted
Estimated Cost: $2,000
Amount Budgeted: $2,000
Additional Requested: None
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Adopt Resolution Approving Agreement No.18-0689-000-SA with the California Department of Food and Agriculture to Provide Reimbursement for Industrial Hemp Cultivation Program for Agreement Term April 30, 2019 Through June 30, 2020.
Supervisor Sabatier offered the Resolution and it was passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Brown and Scott
Clerk’s notes: This item was pulled from the consent agenda for discussion and taken up later in the day. Agricultural Commissioner Steve Hajik presented the item to the Board.
Chair Scott asked if anyone present wished to speak and Mike Powers, Michael Green, Mary Draper and Erin McCarrick spoke. No one else wished to speak and the public input portion of this item was closed.
5.5(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; and (b) Approve the Agreement between the County of Lake and LocumTenens.com, LLC. for Telepsychiatry Services for Fiscal Year 2019-20 for a contract maximum of $330,000 and authorize the Board Chair to sign the Agreement.
Agreement
passed on consent
Staff memo
As the services provided by LocumTenens.com, LLC. are very specialized in the field. LCBHS is requesting to waive the formal bidding process, pursuant to Lake County Code Section 38.2 as it is not in the public interest due to the unique nature of goods or services.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Contract Amount: $ 330.000
Amount Budgeted: $1,662,391
FISCAL IMPACT (Narrative): The total amount budgeted for various contracts is $1,662,391. LCBHS is requesting approval of the Agreement with LocumTenens.com, LLC. for Fiscal Year 2019-20 for a contract maximum of $330,000.
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; and (b) Approve the Agreement between the County of Lake and LocumTenens.com, LLC. for Telepsychiatry Services for Fiscal Year 2019-20 for a contract maximum of $330,000 and authorize the Board Chair to sign the Agreement.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Todd Metcalf, B.S.
Behavioral Health Services Administrator
DATE: August 20, 2019
SUBJECT: (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and LocumTenens.com, LLC. for Telepsychiatry Services for Fiscal Year 2019-20 for a contract maximum of $330,000 and authorize the Board Chair to sign the Agreement.
EXECUTIVE SUMMARY: LocumTenens.com, LLC. will source, screen and present potential candidates that will provide psychiatric medication evaluations and medication management for Lake County Behavioral Health Services (LCBHS) clients. As LCBHS does not have a psychiatrist on staff at this time, LocumTenens.com, LLC., a necessary component in providing overall mental health care for Lake County Medi-Cal beneficiaries.
As the services provided by LocumTenens.com, LLC. are very specialized in the field. LCBHS is requesting to waive the formal bidding process, pursuant to Lake County Code Section 38.2 as it is not in the public interest due to the unique nature of goods or services.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Contract Amount: $ 330.000
Amount Budgeted: $1,662,391
FISCAL IMPACT (Narrative): The total amount budgeted for various contracts is $1,662,391. LCBHS is requesting approval of the Agreement with LocumTenens.com, LLC. for Fiscal Year 2019-20 for a contract maximum of $330,000.
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; and (b) Approve the Agreement between the County of Lake and LocumTenens.com, LLC. for Telepsychiatry Services for Fiscal Year 2019-20 for a contract maximum of $330,000 and authorize the Board Chair to sign the Agreement.
5.6Adopt Resolution Approving Right of Way Certification for Bartlett Springs Road over Cache Creek Bridge Rehabilitation Project, in Lake County, CA, Federal Project Number: BRLO-5914(092)
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY:
In order for federal funds to be approved, Caltrans requires that the County of Lake certify the right of way required for the Bartlett Springs Road over Cache Creek Bridge Rehabilitation Project.
Staff has prepared the attached Resolution and Right of Way Certification to certify that the County has secured the right of way required for this project.
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 Credits to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds.
Recommendation
Staff recommends that the Board of Supervisors adopt the Resolution Approving Right of Way Certification for the Bartlett Springs Road over Cache Creek Bridge Rehabilitation Project, and authorize the Public Works Director to execute the Right of Way Certification.
FISCAL IMPACT: _X_ None __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 Credits 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): N/A
..Recommended Action
RECOMMENDED ACTION:
Staff recommends that the Board of Supervisors adopt the Resolution Approving Right of Way Certification for the Bartlett Springs Road over Cache Creek Bridge Rehabilitation Project, and authorize the Public Works Director to execute the Right of Way Certification.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: August 20, 2019
SUBJECT: Adopt Resolution Approving Right of Way Certification for Bartlett Springs Road over Cache Creek Bridge Rehabilitation Project, in Lake County, CA, Federal Project Number: BRLO-5914(092)
EXECUTIVE SUMMARY:
In order for federal funds to be approved, Caltrans requires that the County of Lake certify the right of way required for the Bartlett Springs Road over Cache Creek Bridge Rehabilitation Project.
Staff has prepared the attached Resolution and Right of Way Certification to certify that the County has secured the right of way required for this project.
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 Credits to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds.
Recommendation
Staff recommends that the Board of Supervisors adopt the Resolution Approving Right of Way Certification for the Bartlett Springs Road over Cache Creek Bridge Rehabilitation Project, and authorize the Public Works Director to execute the Right of Way Certification.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
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 Credits 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): N/A
..Recommended Action
RECOMMENDED ACTION:
Staff recommends that the Board of Supervisors adopt the Resolution Approving Right of Way Certification for the Bartlett Springs Road over Cache Creek Bridge Rehabilitation Project, and authorize the Public Works Director to execute the Right of Way Certification.
5.7Approve Submission of the FY19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Application in the amount of $14,054, to provide funding for an extra help employee to assist with forensic processing and data collection services; and authorize the Chair to sign all grant documents.
Action Item
passed on consent
Staff memo
FISCAL IMPACT (Narrative): Funds will be allocated at the time of grant award
STAFFING IMPACT (if applicable): These funds provide funding for a Records Technician assigned to the Evidence Division
..Recommended Action
RECOMMENDED ACTION: Approve Submission of the FY19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Application in the amount of $14,054, to provide funding for an extra help employee to assist with forensic processing and data collection services; and authorize the Chair to sign all grant documents.
Original memo text
..Title
..Body
MEMORANDUM
TO: Tina Scott, Chairperson, Board of Supervisors
FROM: Brian L. Martin, Sheriff/Coroner
DATE: August 20, 2019
SUBJECT: Approve Submission of the FY19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Application in the amount of $14,054, to provide funding for an extra help employee to assist with forensic processing and data collection services; and authorize the Chair to sign all grant documents
EXECUTIVE SUMMARY: The Lake County Sheriff's Department is applying for a grant available from the US Department of Justice that provides funding through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $14,054.
The Sheriff's Department will use this funding for personnel to assist the Evidence Division with forensic processing and data collection services. This funding will provide the money needed for advancing technology improvements within this section of law enforcement. This work will be done by an extra help employee. The current grant has a two year grant cycle.
Please authorize the Chairperson of the Board to sign the Grant Award and Special Conditions and provide a minute order for FY19 JAG. Each page of the grant assurances must be initialed in blue ink.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Funds will be allocated at the time of grant award
STAFFING IMPACT (if applicable): These funds provide funding for a Records Technician assigned to the Evidence Division
..Recommended Action
RECOMMENDED ACTION: Approve Submission of the FY19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Application in the amount of $14,054, to provide funding for an extra help employee to assist with forensic processing and data collection services; and authorize the Chair to sign all grant documents.
5.8Approve Contract between the County of Lake and High Country Security for Security Monitoring and Testing in the Amount of $25,425, from July 1, 2019 to June 30, 2022 and Authorize the Chair to Sign.
Agreement
passed on consent
approved — Pass
Staff memo
EXECUTIVE SUMMARY:
Lake County Department of Social Services (LCDSS) has contracted with High
Country Security for Security Monitoring and Testing since 2013. In 2016, your Board waived the requirement for the competitive bidding process due to the recent upgrade
of alarm systems, and the concern of interrupting services during that period. In May
of 2019, High Country Security was selected through the competitive bid process to continue providing services for the Department. Contractor will continue to provide 24 hour monitoring of all LCDSS security alarms, and be responsible for notifying the appropriate emergency personnel and LCDSS in the event an alarm is triggered.
This contract is late in execution due to length of the competitive bid process and selection of Contractor.
FISCAL IMPACT: __ None X_Budgeted __Non-Budgeted
Estimated Cost: $25,425
Amount Budgeted: $25,425
Additional Requested: $0
Annual Cost (if planned for future years): $8,475
FISCAL IMPACT (Narrative):
There is no county cost associated with this contract. The cost of services from the period of July 1, 2016 to June 30, 2019 was $7,976 per fiscal year, for a total of $23,928 for the entire term of the contract.
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION:
Approve Contract between the County of Lake and High Country Security for Security Monitoring and Testing in the amount of $25,425, from July 1, 2019 to June 30, 2022 and authorize the Chair to sign
Attachments
High Country Security Contract
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Crystal Markytan, Social Services Director
DATE: August 20, 2019
SUBJECT: Approve contract between the County of Lake and High Country Security for security monitoring and testing in the amount of $25,425, from July 1, 2019 to
June 30, 2022 and authorize the Chair to sign.
EXECUTIVE SUMMARY:
Lake County Department of Social Services (LCDSS) has contracted with High
Country Security for Security Monitoring and Testing since 2013. In 2016, your Board waived the requirement for the competitive bidding process due to the recent upgrade
of alarm systems, and the concern of interrupting services during that period. In May
of 2019, High Country Security was selected through the competitive bid process to continue providing services for the Department. Contractor will continue to provide 24 hour monitoring of all LCDSS security alarms, and be responsible for notifying the appropriate emergency personnel and LCDSS in the event an alarm is triggered.
This contract is late in execution due to length of the competitive bid process and selection of Contractor.
FISCAL IMPACT: __ None X_Budgeted __Non-Budgeted
Estimated Cost: $25,425
Amount Budgeted: $25,425
Additional Requested: $0
Annual Cost (if planned for future years): $8,475
FISCAL IMPACT (Narrative):
There is no county cost associated with this contract. The cost of services from the period of July 1, 2016 to June 30, 2019 was $7,976 per fiscal year, for a total of $23,928 for the entire term of the contract.
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION:
Approve Contract between the County of Lake and High Country Security for Security Monitoring and Testing in the amount of $25,425, from July 1, 2019 to June 30, 2022 and authorize the Chair to sign
Attachments: High Country Security Contract
On motion of Supervisor Sabatier, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.8, with the exception of Item 5.4, which was pulled for discussion. The motion carried by the following vote:
6. Timed Items
6.19:05 A.M. - Public Input
Clerk’s notes: Marilyn Waites from the Redbud Audubon Chapter presented the new Lakeside Park signs. Public members Gary Buchholz, Lance Williams, Richard Derum, Erin McCarrick, and Daniel Kelly spoke.
6.39:30 A.M. - Potter Valley Project - Resolution of Intent to Participate in a Consortium Formed to Address the Region’s Water Supply and the Endangered Salmon Species in the Eel River and the Upper Russian River
Resolution
Adopted, as amended
Staff memo
Your Board has given significant consideration to whether and to what extent to support continuing efforts of the consortium comprised of the Sonoma County Water Agency, the Mendocino Inland Water and Power Commission, California Trout, Inc., and Humboldt County in regard to the Potter Valley Project. Those entities, having filed a pre-application and notice of intent in response to the solicitation of applications for licensure of the Potter Valley Project issued by the Federal Energy Regulation Commission (FERC), have entered into a project planning agreement to address the region's water supply and the endangered salmon species in the Eel River and the Upper Russian River.
Your Board has previously indicated your support of the pre-application. With this resolution, you will signify your desire to participate in the above-referenced planning agreement and your intention to pursue funding sources and potential in-kind contributions to participate in a feasibility study to be commissioned by this consortium to consider a wide range of options to effect a "Two Basin Solution" and, thereby, address the issues and concerns of all participants.
If your Board is in agreement with the language of this resolution, it may be offered for passage.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution of Intent to participate in a Consortium Formed to Address the Region's Water Supply and the Endangered Salmon Species in the Eel River and Upper Russian River.
Original memo text
..Title
..Body
MEMORANDUM
TO: HONORABLE BOARD OF SUPERVISORS
FROM: ANITA L. GRANT, County Counsel
DATE: August 20, 2019
SUBJECT: 9:30 A.M. - Potter Valley Project - Resolution of Intent to participate in a Consortium Formed to Address the Region's Water Supply and the Endangered Salmon Species in the Eel River and the Upper Russian River
EXECUTIVE SUMMARY:
Your Board has given significant consideration to whether and to what extent to support continuing efforts of the consortium comprised of the Sonoma County Water Agency, the Mendocino Inland Water and Power Commission, California Trout, Inc., and Humboldt County in regard to the Potter Valley Project. Those entities, having filed a pre-application and notice of intent in response to the solicitation of applications for licensure of the Potter Valley Project issued by the Federal Energy Regulation Commission (FERC), have entered into a project planning agreement to address the region's water supply and the endangered salmon species in the Eel River and the Upper Russian River.
Your Board has previously indicated your support of the pre-application. With this resolution, you will signify your desire to participate in the above-referenced planning agreement and your intention to pursue funding sources and potential in-kind contributions to participate in a feasibility study to be commissioned by this consortium to consider a wide range of options to effect a "Two Basin Solution" and, thereby, address the issues and concerns of all participants.
If your Board is in agreement with the language of this resolution, it may be offered for passage.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution of Intent to participate in a Consortium Formed to Address the Region's Water Supply and the Endangered Salmon Species in the Eel River and Upper Russian River.
Supervisor Crandell offered the Resolution, as amended, and it was passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Brown and Scott
Clerk’s notes: County Counsel Anita Grant presented the item to the Board. The reference to an in-kind contribution for the County will be deleted from the resolution, as this will not be allowed. The County will need the full $100,000 to be part of the study. The resolution will be amended to reflect the funding requirements as noted.
Chair Scott asked if anyone present wished to speak and the following people spoke: David Keller, Lance Williams and Carol Cinquini. No one else wished to speak and the public input portion of this item was closed.
7. Non-Timed Items
7.1Supervisors’ weekly calendar, travel and reports
7.2Discussion and Consideration of Transient Occupancy Tax Appeals
Action Item
Adopted, as amended — Pass
Staff memo
EXECUTIVE SUMMARY:
In 2016, your Board provided initial direction to staff identify unregistered lodging operators, generally vacation home rentals, and bringing them into compliance. Since that time, staff has begun identifying these rentals, and contacting their owners as well as operators previously known to the County who have become delinquent on their Transient Occupancy Tax (TOT).
There are operators who were unaware they were required to collect the tax; there are some who did collect and then stopped at some point; and there are others who have continued to collect the taxes, but have failed to remit them.
Following a determination of taxes due, an operator has the opportunity to appeal that determination to the Treasurer - Tax Collector. After the evidence is reviewed, a final determination is made. If an operator is not satisfied, they can appeal the decision to your Board by requesting a hearing. Like an administrative hearing for a Code Enforcement citation, appellants have the opportunity to present evidence and provide sworn testimony. At the conclusion, your Board's decision on the matter is final and conclusive.
The initial round of appeals to your Board will be regarding previously unregistered rentals. Operators have been asked to submit returns and payment based on the last 3 years of records per the ordinance. They generally consist of those who did not know of the tax, did not collect the tax from the occupant, and contacted staff within the timelines provided. These are not factual disputes, but requests for a waiver of interest, penalties, and sometimes the actual taxes owed. These requests are beyond the authority of the Treasurer - Tax Collector to grant as it is not authorized in the ordinance.
Your Board will begin hearing appeals on August 27, 2019, and staff is requesting discussion of policy and impacts in advance of any actual appeals.
FISCAL IMPACT: _x_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends that your Board adopt the Resolution Granting Authority to Waive Transient Occupancy Tax Interest & Penalties on Appeal by an Operator.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: August 20, 2019
SUBJECT: Discussion and Consideration of Transient Occupancy Tax Appeals
EXECUTIVE SUMMARY:
In 2016, your Board provided initial direction to staff identify unregistered lodging operators, generally vacation home rentals, and bringing them into compliance. Since that time, staff has begun identifying these rentals, and contacting their owners as well as operators previously known to the County who have become delinquent on their Transient Occupancy Tax (TOT).
There are operators who were unaware they were required to collect the tax; there are some who did collect and then stopped at some point; and there are others who have continued to collect the taxes, but have failed to remit them.
Following a determination of taxes due, an operator has the opportunity to appeal that determination to the Treasurer - Tax Collector. After the evidence is reviewed, a final determination is made. If an operator is not satisfied, they can appeal the decision to your Board by requesting a hearing. Like an administrative hearing for a Code Enforcement citation, appellants have the opportunity to present evidence and provide sworn testimony. At the conclusion, your Board's decision on the matter is final and conclusive.
The initial round of appeals to your Board will be regarding previously unregistered rentals. Operators have been asked to submit returns and payment based on the last 3 years of records per the ordinance. They generally consist of those who did not know of the tax, did not collect the tax from the occupant, and contacted staff within the timelines provided. These are not factual disputes, but requests for a waiver of interest, penalties, and sometimes the actual taxes owed. These requests are beyond the authority of the Treasurer - Tax Collector to grant as it is not authorized in the ordinance.
Your Board will begin hearing appeals on August 27, 2019, and staff is requesting discussion of policy and impacts in advance of any actual appeals.
FISCAL IMPACT: _x_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends that your Board adopt the Resolution Granting Authority to Waive Transient Occupancy Tax Interest & Penalties on Appeal by an Operator.
Supervisor Simon offered the Resolution, as amended, and it was passed by roll call vote:
Clerk’s notes: Tax Administrator Patrick Sullivan presented the item to the Board. County Administrative Officer Carol Huchingson and County Counsel Anita Grant spoke. The discussion was to amend the wording in #1 of the resolution to replace the section, "if extenuating circumstances were to be found." to "for first time operators or new innkeepers during the three year review period".
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 Change Order No. Two for Upper Lake Pedestrian Improvements for Upper Lake High, Middle & Elementary Schools Project, State Project No. ATPL-5914(103); Bid No. 18-11, for an Increase of $1,031.86 and a Revised Contract amount of $406,359.95, and authorize the Chair to sign
Action Item
approved — Pass
Carried 5-0 — moved by Crandell (recovered from the archived minutes)
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
EXECUTIVE SUMMARY:
Attached for the Board's review and approval is Contract Change Order (CCO) 2 for the subject project.
Contract Change Order No. 2 addresses the need to modify (2) two curb inlet tops. This results in an increase of $1,031.86 to the contract amount of $405,328.09 for a revised contract amount of $406,359.95.
This project is fully funded from the State's Active Transportation Program (ATP) funds. Therefore, this project is 100% state funded thru construction.
RECOMMENDATION
Staff recommends approval by the Board of Supervisors of CCO 2 and that the Board authorize the Chair to execute said CCO for an increase of $1,031.86 and a revised contract amount of $406,359.95.
FISCAL IMPACT: __ None _X_ Budgeted __Non-Budgeted
Estimate Cost: $1,031.86
Amount Budgeted: $406,359.95
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
This project is fully funded from the State's Active Transportation Program (ATP) funds. Therefore, this project is 100% state funded thru construction.
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends approval by the Board of Supervisors of CCO 2 and that the Board authorize the Chair to execute said CCO for an increase of $1,031.86 and a revised contract amount of $406,359.95.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: August 20, 2019
SUBJECT: Consideration of Change Order No. Two for Upper Lake Pedestrian Improvements for Upper Lake High, Middle & Elementary Schools Project, State Project No. ATPL-5914(103); Bid No. 18-11, for an Increase of $1,031.86 and a Revised Contract amount of $406,359.95, and authorize the Chair to sign
EXECUTIVE SUMMARY:
Attached for the Board's review and approval is Contract Change Order (CCO) 2 for the subject project.
Contract Change Order No. 2 addresses the need to modify (2) two curb inlet tops. This results in an increase of $1,031.86 to the contract amount of $405,328.09 for a revised contract amount of $406,359.95.
This project is fully funded from the State's Active Transportation Program (ATP) funds. Therefore, this project is 100% state funded thru construction.
RECOMMENDATION
Staff recommends approval by the Board of Supervisors of CCO 2 and that the Board authorize the Chair to execute said CCO for an increase of $1,031.86 and a revised contract amount of $406,359.95.
FISCAL IMPACT: __ None _X_ Budgeted __Non-Budgeted
Estimate Cost: $1,031.86
Amount Budgeted: $406,359.95
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
This project is fully funded from the State's Active Transportation Program (ATP) funds. Therefore, this project is 100% state funded thru construction.
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends approval by the Board of Supervisors of CCO 2 and that the Board authorize the Chair to execute said CCO for an increase of $1,031.86 and a revised contract amount of $406,359.95.
On motion of Supervisor Crandell, and by vote of the Board, approved Change Order No. Two for Upper Lake Pedestrian Improvements for Upper Lake High, Middle & Elementary Schools Project, State Project No. ATPL-5914(103); Bid No. 18-11, for an Increase of $1,031.86 and a Revised Contract amount of $406,359.95, and authorized the Chair to sign. The motion carried by the following vote:
Clerk’s notes: Public Works Director Scott DeLeon 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.
7.4Consideration of Change Order No. Three for Upper Lake Pedestrian Improvements for Upper Lake High, Middle & Elementary Schools Project, State Project No. ATPL-5914(103); Bid No. 18-11, for an Decrease of $3,235.52 and a Revised Contract amount of $403,124.43, and authorize the Chair to sign
Action Item
approved — Pass
Carried 5-0 — moved by Crandell (recovered from the archived minutes)
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Amount Budgeted: $403,124.43
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
This project is fully funded from the State's Active Transportation Program (ATP) funds. Therefore, this project is 100% state funded thru construction.
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends approval by the Board of Supervisors of CCO 3 and that the Board authorize the Chair to execute said CCO for a decrease of $3,235.52 and a revised contract amount of $403,124.43.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: August 20, 2019
SUBJECT: Consideration of Change Order No. Three for Upper Lake Pedestrian Improvements for Upper Lake High, Middle & Elementary Schools Project, State Project No. ATPL-5914(103); Bid No. 18-11, for an Decrease of $3,235.52 and a Revised Contract amount of $403,124.43, and authorize the Chair to sign
EXECUTIVE SUMMARY:
Attached for the Board's review and approval is Contract Change Order (CCO) 3 for the subject project.
Contract Change Order No. 3 addresses the need to delete the no parking signs and edgeline striping from the project because there is not a no parking ordinance in place. This results in a decrease of $3,235.52 to the contract amount of $406,359.95 for a revised contract amount of $403,124.43.
This project is fully funded from the State's Active Transportation Program (ATP) funds. Therefore, this project is 100% state funded thru construction.
RECOMMENDATION
Staff recommends approval by the Board of Supervisors of CCO 3 and that the Board authorize the Chair to execute said CCO for a decrease of $3,235.52 and a revised contract amount of $403,124.43.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: (-$3235.52)
Amount Budgeted: $403,124.43
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
This project is fully funded from the State's Active Transportation Program (ATP) funds. Therefore, this project is 100% state funded thru construction.
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends approval by the Board of Supervisors of CCO 3 and that the Board authorize the Chair to execute said CCO for a decrease of $3,235.52 and a revised contract amount of $403,124.43.
On motion of Supervisor Crandell, and by vote of the Board, approved Change Order No. Three for Upper Lake Pedestrian Improvements for Upper Lake High, Middle & Elementary Schools Project, State Project No. ATPL-5914(103); Bid No. 18-11, for an Decrease of $3,235.52 and a Revised Contract amount of $403,124.43, and authorized the Chair to sign. The motion carried by the following vote:
Clerk’s notes: Public Works Director Scott DeLeon 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.
8. Closed Session
8.1Conference with Legal Counsel: Decision whether to Initiate Litigation Pursuant to Gov. Code section 54956.9(d)(4): One Potential Case
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 11:05 a.m. having taken no action.