Board Of Supervisors — Tuesday, December 16, 2014
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1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Presentation of Animals at the Animal Care and Control Shelter
5. Consideration of Items Not Appearing on the Posted Agenda (Extra Items)
6. Current Construction Projects - Contract Change Orders
7. Approval of the Consent Agenda
7.1Approve Minutes of the Board of Supervisors meetings held July 8, 2014 and December 9, 2014.
Minutes
passed on consent
7.2Approve Amendment no. 1 to Agreement with Karen MacDougall to Research and Prepare Grant Applications for an amount not to exceed $50,000 for the period of January - December 2015
Agreement
passed on consent
Staff memo
EXECUTIVE SUMMARY:
As the Board may recall, in 2012 and 2013 the County contracted with Lake Family Resource Center (LFRC), of Kelseyville, to research grant opportunities and prepare grant applications. In 2014, the County contracted directly with one of LFRC's former sub-contractors, Karen McDougall. A summary of this work is provided below:
2012
2013
2014
3 Year Total
Approx. number of grant opportunities initially scanned:
5,200
4,000
3,500
12,700
Approx. number of opportunities screened further:
70
73
60
203
Applications prepared and submitted:
7
2
6
15
Number of grants awarded:
4
1
5
10
Amount of funding awarded:
$575,578
$150,000
$1,153,244
$1,878,822
Applications pending:
2
1
3
Total spent on contract
$44,955
$27,230
$54,258
$126,443
Return on investment
$12.80 to $1.00
$5.50 to $1.00
$21.25 to $1.00
$14.85 to $1.00
Ms. MacDougall is quite familiar with many of the grant sources and the needs of the various departments. During the last year, she has identified additional grant opportunities and proposes to closely monitor them with the intent to prepare applications in 2015 that for various reasons were postponed in 2014.
Given the return on investment of this program and Ms. MacDougall's qualifications, staff recommends amending the contract with Ms. MacDougall to continue this program for another year at the same rate of compensation as specified below:
A. On-going grant research: $1,260 monthly from January through December 2015.
B. Preparing grant applications: compensation for each application to be negotiated and approved by County Administrative Officer.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board approve the attached contract amendment with Karen MacDougall, and authorize the Chair to sign.
Attachment
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Matt Perry, County Administrative Officer
DATE: December 8, 2014
SUBJECT: Approve Amendment no. 1 to Agreement with Karen MacDougall to Research and Prepare Grant Applications for an amount not to exceed $50,000 for the period of January - December 2015
EXECUTIVE SUMMARY:
As the Board may recall, in 2012 and 2013 the County contracted with Lake Family Resource Center (LFRC), of Kelseyville, to research grant opportunities and prepare grant applications. In 2014, the County contracted directly with one of LFRC's former sub-contractors, Karen McDougall. A summary of this work is provided below:
2012
2013
2014
3 Year Total
Approx. number of grant opportunities initially scanned:
5,200
4,000
3,500
12,700
Approx. number of opportunities screened further:
70
73
60
203
Applications prepared and submitted:
7
2
6
15
Number of grants awarded:
4
1
5
10
Amount of funding awarded:
$575,578
$150,000
$1,153,244
$1,878,822
Applications pending:
2
1
3
Total spent on contract
$44,955
$27,230
$54,258
$126,443
Return on investment
$12.80 to $1.00
$5.50 to $1.00
$21.25 to $1.00
$14.85 to $1.00
Ms. MacDougall is quite familiar with many of the grant sources and the needs of the various departments. During the last year, she has identified additional grant opportunities and proposes to closely monitor them with the intent to prepare applications in 2015 that for various reasons were postponed in 2014.
Given the return on investment of this program and Ms. MacDougall's qualifications, staff recommends amending the contract with Ms. MacDougall to continue this program for another year at the same rate of compensation as specified below:
A. On-going grant research: $1,260 monthly from January through December 2015.
B. Preparing grant applications: compensation for each application to be negotiated and approved by County Administrative Officer.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board approve the attached contract amendment with Karen MacDougall, and authorize the Chair to sign.
Attachment
7.3Approve Property Tax Administration Fee Release and Settlement Agreement with the City of Clearlake in the amount of $101,232.
Agreement
passed on consent
Staff memo
EXECUTIVE SUMMARY:
On November 19, 2012 the California Supreme Court issued a decision in the case of City of Alhambra v. County of Los Angeles (2012) 55 Cal. 4th 707 relative to the manner in which counties were calculating the Property Tax Administrative Fee. Following the court decision, cities throughout the state filed claims requesting a refund of the amount of fees paid to the counties.
The City of Lakeport filed a claim and the County and City approved a settlement Agreement in September 2013. Through some confusion, the City of Clearlake did not file a claim. However, staff has had several discussions with the city staff and believes it is ethical to provide a refund to the City of Clearlake. The proposed agreement is modeled after the agreement with City of Lakeport.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board approve the "Property Tax Administration Fee Release and Settlement Agreement" with the City of Clearlake providing a refund of $101,232 covering the Fiscal Years 2009/10, 2010/11, and 2011/12
The FY 14/15 Budget includes an appropriation of this amount for this purpose.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Matt Perry, County Administrative Officer
DATE: December 8, 2014
SUBJECT: Property Tax Administration Fee Release and Settlement Agreement with the City of Clearlake
EXECUTIVE SUMMARY:
On November 19, 2012 the California Supreme Court issued a decision in the case of City of Alhambra v. County of Los Angeles (2012) 55 Cal. 4th 707 relative to the manner in which counties were calculating the Property Tax Administrative Fee. Following the court decision, cities throughout the state filed claims requesting a refund of the amount of fees paid to the counties.
The City of Lakeport filed a claim and the County and City approved a settlement Agreement in September 2013. Through some confusion, the City of Clearlake did not file a claim. However, staff has had several discussions with the city staff and believes it is ethical to provide a refund to the City of Clearlake. The proposed agreement is modeled after the agreement with City of Lakeport.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board approve the "Property Tax Administration Fee Release and Settlement Agreement" with the City of Clearlake providing a refund of $101,232 covering the Fiscal Years 2009/10, 2010/11, and 2011/12
The FY 14/15 Budget includes an appropriation of this amount for this purpose.
7.4Approve Resolution No. 14-15-12 of Lake County/City Area Planning Council (Lake APC) Amending its Conflict of Interest Code.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
The above referenced Resolution was adopted at a meeting of the Lake County/City Area Planning Council (Lake APC) on November 12, 2014, and was sent to your Board for approval.
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:
Approve Lake County/City Area Planning Council's (Lake APC's) Resolution 14-15-12, which amends their Conflict of Interest Code.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Sara Shucart
Administrative Assistant
DATE: December 4, 2014
SUBJECT: Approval of a Resolution Amending Lake County/City Area Planning Council's (Lake APC's) Conflict of Interest Code
EXECUTIVE SUMMARY:
The above referenced Resolution was adopted at a meeting of the Lake County/City Area Planning Council (Lake APC) on November 12, 2014, and was sent to your Board for approval.
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:
Approve Lake County/City Area Planning Council's (Lake APC's) Resolution 14-15-12, which amends their Conflict of Interest Code.
7.5Approve Amendment Three to the Agreement for Engineering Services for Four (4) Bridge Replacement Projects and Two (2) Bridge Rehabilitation Projects in Lake County, CA, with Quincy Engineering, Inc. in the amount not to exceed $1,249,935.91 (an increase of $144,235.91) and authorize the Chair to execute said Amendment.
Agreement
passed on consent
Staff memo
EXECUTIVE SUMMARY:
On September 27, 2011, the Department of Public Works entered into an Agreement with Quincy Engineering, Inc. for Engineering Services for Four (4) Bridge Replacement Projects and Two (2) Bridge Rehabilitation Projects in Lake County, CA.
The Agreement was modified by Amendment One and Amendment Two to allow for the completion of extra work which was required during the design phase.
This amendment will provide for extra work required for Task 5, "APE Map & Environmental Studies", Task 6, "Final Design Engineering", and Task 8, "ROW Engineering". As a result of this amendment, the contract amount will be increased for Tasks 5, 6, and 8 by $16,701.05, $101,722.50, and $25,812.36, respectively. The following summary lists outline the extra work by task and by bridge:
Summary by Task Additional Fee Not to Exceed
Task 5 - Modification to Biological Assessment (Harbin) $1,500.00
Task 5 - Positive Archeological Finding (Harbin) $747.45
Task 5 - NESHAP Compliance (All six bridges) $10,306.92
Task 5 - Environmental Approvals (Robinson and Harbin) $4,146.68
Task 6 - Geotechnical Exploration (Robinson and Harbin) $57,148.74
Task 6 - Final Design Engineering (Robinson and Harbin) $36,015.76
Task 6 - Final Design Engineering (Ackley) $8,558.00
Task 8 - Right of Way Coordination (All six bridges) $17,227.68
Task 8 - Record of Survey Option B (Mathews, Ackley, Anderson, Harbin) $8,584.68
Total $144,235.91
Summary by Bridge Additional Fee Not to Exceed
Anderson Creek Bridge at Foard Road $6,553.44
Manning Creek Bridge at Mathews Road $6,917.10
Manning Creek Bridge at Ackley Road $15,475.10
Highland Creek Bridge at Highland Springs Road $4,589.10
Robinson Creek Bridge at Mockingbird Lane $53,515.89
Harbin Creek Bridge and Harbin Springs Road $57,185.28
Total $144,235.91
It is worth noting that the majority of the increase ($97,311.18 or 67.5% of the total increase) is due to the need to change the rehabilitation approach for Robinson and Harbin bridges. It was originally intended that the new superstructure would be supported on the existing abutments and the original scope and fees were prepared accordingly. However, Quincy has concluded, with further analysis and research, that the capacity of the existing abutments to support the new superstructure cannot be verified since design plans are not available and it is not known whether the existing abutments are supported on piles or spread footings. The proposed rehabilitation approach is to construct new supports beyond the existing abutments and span over them with a new superstructure. This will require geotechnical explorations and reports, additional effort to prepare the design plans, and additional effort to update the environmental documents, as necessary.
This project is 100% funded for construction with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds.
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 the Board of Supervisors approve Amendment Three to the Agreement for Engineering Services for Four (4) Bridge Replacement Projects and Two (2) Bridge Rehabilitation Projects in Lake County, CA, with Quincy Engineering, Inc. in the amount not to exceed $1,249,935.91 (an increase of $144,235.91) and authorize the Chairman to execute said Amendment.
SD:fp
Attachment
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: December 4, 2014
SUBJECT: Approve Amendment Three to the Agreement for Engineering Services for Four (4) Bridge Replacement Projects and Two (2) Bridge Rehabilitation Projects in Lake County, CA, with Quincy Engineering, Inc. in the amount not to exceed $1,249,935.91 (an increase of $144,235.91) and authorize the Chairman to execute said Amendment
EXECUTIVE SUMMARY:
On September 27, 2011, the Department of Public Works entered into an Agreement with Quincy Engineering, Inc. for Engineering Services for Four (4) Bridge Replacement Projects and Two (2) Bridge Rehabilitation Projects in Lake County, CA.
The Agreement was modified by Amendment One and Amendment Two to allow for the completion of extra work which was required during the design phase.
This amendment will provide for extra work required for Task 5, "APE Map & Environmental Studies", Task 6, "Final Design Engineering", and Task 8, "ROW Engineering". As a result of this amendment, the contract amount will be increased for Tasks 5, 6, and 8 by $16,701.05, $101,722.50, and $25,812.36, respectively. The following summary lists outline the extra work by task and by bridge:
Summary by Task Additional Fee Not to Exceed
Task 5 - Modification to Biological Assessment (Harbin) $1,500.00
Task 5 - Positive Archeological Finding (Harbin) $747.45
Task 5 - NESHAP Compliance (All six bridges) $10,306.92
Task 5 - Environmental Approvals (Robinson and Harbin) $4,146.68
Task 6 - Geotechnical Exploration (Robinson and Harbin) $57,148.74
Task 6 - Final Design Engineering (Robinson and Harbin) $36,015.76
Task 6 - Final Design Engineering (Ackley) $8,558.00
Task 8 - Right of Way Coordination (All six bridges) $17,227.68
Task 8 - Record of Survey Option B (Mathews, Ackley, Anderson, Harbin) $8,584.68
Total $144,235.91
Summary by Bridge Additional Fee Not to Exceed
Anderson Creek Bridge at Foard Road $6,553.44
Manning Creek Bridge at Mathews Road $6,917.10
Manning Creek Bridge at Ackley Road $15,475.10
Highland Creek Bridge at Highland Springs Road $4,589.10
Robinson Creek Bridge at Mockingbird Lane $53,515.89
Harbin Creek Bridge and Harbin Springs Road $57,185.28
Total $144,235.91
It is worth noting that the majority of the increase ($97,311.18 or 67.5% of the total increase) is due to the need to change the rehabilitation approach for Robinson and Harbin bridges. It was originally intended that the new superstructure would be supported on the existing abutments and the original scope and fees were prepared accordingly. However, Quincy has concluded, with further analysis and research, that the capacity of the existing abutments to support the new superstructure cannot be verified since design plans are not available and it is not known whether the existing abutments are supported on piles or spread footings. The proposed rehabilitation approach is to construct new supports beyond the existing abutments and span over them with a new superstructure. This will require geotechnical explorations and reports, additional effort to prepare the design plans, and additional effort to update the environmental documents, as necessary.
This project is 100% funded for construction with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds.
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 the Board of Supervisors approve Amendment Three to the Agreement for Engineering Services for Four (4) Bridge Replacement Projects and Two (2) Bridge Rehabilitation Projects in Lake County, CA, with Quincy Engineering, Inc. in the amount not to exceed $1,249,935.91 (an increase of $144,235.91) and authorize the Chairman to execute said Amendment.
SD:fp
Attachment
7.6Approve Resolution authorizing the Director of Public Works to Sign a Notice of Completion for work Performed by Granite Construction Company on the Hilderbrand Drive at Saint Helena Creek Bridge Replacement Project, and authorize the Chair to sign.
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY:
The contract for the construction of the subject project, as authorized under the agreement dated June 3, 2014, was satisfactorily completed on November 21, 2014.
The attached resolution authorizing the signature of the Public Works Director on the notice of completion has been prepared for your consideration.
It is recommended that the Board approve the resolution at their next regular meeting.
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: Approve the resolution authorizing the Director of Public Works to sign the Notice of Completion for the Hilderbrand Drive at Saint Helena Creek Bridge Replacement Project and authorize the Chair to sign the resolution.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon
DATE: December 16, 2014
SUBJECT: Notice of Completion for Hilderbrand Drive at Saint Helena Creek Bridge Replacement Project; Bid No. 13-32
EXECUTIVE SUMMARY:
The contract for the construction of the subject project, as authorized under the agreement dated June 3, 2014, was satisfactorily completed on November 21, 2014.
The attached resolution authorizing the signature of the Public Works Director on the notice of completion has been prepared for your consideration.
It is recommended that the Board approve the resolution at their next regular meeting.
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: Approve the resolution authorizing the Director of Public Works to sign the Notice of Completion for the Hilderbrand Drive at Saint Helena Creek Bridge Replacement Project and authorize the Chair to sign the resolution.
7.7Approve permit for Steve's Aircraft to Conduct Aeronautical Activities at Lampson Airport for FY 2014- 2015 and Authorize Chair to Sign.
Action Item
passed on consent
approved — Pass
Staff memo
EXECUTIVE SUMMARY:
Fixed Based operators desiring to conduct aeronautical business activities at this airport are required to obtain an annual Aeronautical Activity Permit.
Attached for your review and consideration is the subject permit for Steve's Aircraft, a fixed base operator at Lampson Airport. The required insurance certificate and $500 annual permit fee for fiscal year 2014/2015 have been received by the County.
We respectfully request the Board's approval and authorization for the Chair to sign the attached permit.
..Recommended Action
RECOMMENDED ACTION:
We respectfully request the Board's approval and authorization for the Chair to sign the attached permit.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: December 4, 2014
SUBJECT: Aeronautical Activity Permit - Steve's Aircraft
EXECUTIVE SUMMARY:
Fixed Based operators desiring to conduct aeronautical business activities at this airport are required to obtain an annual Aeronautical Activity Permit.
Attached for your review and consideration is the subject permit for Steve's Aircraft, a fixed base operator at Lampson Airport. The required insurance certificate and $500 annual permit fee for fiscal year 2014/2015 have been received by the County.
We respectfully request the Board's approval and authorization for the Chair to sign the attached permit.
..Recommended Action
RECOMMENDED ACTION:
We respectfully request the Board's approval and authorization for the Chair to sign the attached permit.
On motion of Supervisor Smith, and by vote of the Board, approved Consent Agenda Items. 7.1 - 7.7 The motion carried by the following vote:
8. Timed Items
8.19:05 A.M. - Public Input
Clerk’s notes: John Zebelean spoke.
8.29:15 A.M. - (a) Consideration of amendment to Lake County Ordinance No. 2991, An Ordinance Adding Article Seven to Chapter Seven of the Lake County Code to Provide Support for Public, Educational, and Governmental Cable Television Access Facilities to either modify or remove the condition that the ordinance shall only become effective upon a determination by the Attorney General that the PEG fee is not a tax subject to Proposition 26; and (b) Consideration of staff recommendations to 1) approve the PEG Budget for FY 14/15 and authorize staff to issue County payment for FY 14/15 and 2) to amend the Agreement between the City of Clearlake and the County of Lake relative to operation and funding of the PEG Channel.
Ordinance
Advanced
Carried 3-2 — moved by Farrington
Brown: nay Comstock: nay Farrington: aye Rushing: aye Smith: aye
Brown: nay Comstock: nay Farrington: aye Rushing: aye Smith: aye
Carried 3-2 — moved by Farrington
Brown: nay Comstock: nay Farrington: aye Rushing: aye Smith: aye
Brown: nay Comstock: nay Farrington: aye Rushing: aye Smith: aye
Carried 5-0 — moved by Comstock
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Staff memo
EXECUTIVE SUMMARY:
Supervisor Rushing has requested the Board to consider amending Section 7.39 of the Lake County Code regarding the PEG channel to remove the condition that the 1% pass-through would become effective upon the determination by the Attorney General that the PEG fee is not a tax subject to Proposition 26. County Counsel Anita Grant has prepared an ordinance for the Boards consideration.
..Recommended Action
RECOMMENDED ACTION:
-Adopt Ordinance Amending Section 7.39 of Article Seven of Chapter Seven of the Lake County Code Establishing a Fee to Support the Public, Educational, and Government ("PEG") Access Channel to Delete the Conditional Effective Date of the Ordinance
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Matt Perry, County Administrative Officer
DATE: December 12, 2014
SUBJECT: (a) Consideration of amendment to Lake County Ordinance No. 2991, An Ordinance Adding Article Seven to Chapter Seven of the Lake County Code to Provide Support for Public, Educational, and Governmental Cable Television Access Facilities to either modify or remove the condition that the ordinance shall only become effective upon a determination by the Attorney General that the PEG fee is not a tax subject to Proposition 26; and (b) Consideration of staff recommendations to 1) approve the PEG Budget for FY 14/15 and authorize staff to issue County payment for FY 14/15 and 2) to amend the Agreement between the City of Clearlake and the County of Lake relative to operation and funding of the PEG Channel..
EXECUTIVE SUMMARY:
Supervisor Rushing has requested the Board to consider amending Section 7.39 of the Lake County Code regarding the PEG channel to remove the condition that the 1% pass-through would become effective upon the determination by the Attorney General that the PEG fee is not a tax subject to Proposition 26. County Counsel Anita Grant has prepared an ordinance for the Boards consideration.
..Recommended Action
RECOMMENDED ACTION:
-Adopt Ordinance Amending Section 7.39 of Article Seven of Chapter Seven of the Lake County Code Establishing a Fee to Support the Public, Educational, and Government ("PEG") Access Channel to Delete the Conditional Effective Date of the Ordinance
(a) On motion of Supervisor Farrington, and by vote of the Board, waived the reading of the ordinance, to be read in title only, Clerk did so. The motion carried by the following vote:
Ayes- Supervisors: 3 - Smith, Farrington and Rushing
Nayes- Supervisors: 2 - Comstock and Brown
On motion of Supervisor Farrington, and by vote of the Board, advanced the ordinance to January 6, 2015. The motion carried by the following vote:
Ayes- Supervisors: 3 - Smith, Farrington and Rushing
Nayes- Supervisors: 2 - Comstock and Brown
(b) On motion of Supervisor Comstock, and by vote of the Board, 1) approved the PEG Budget for FY 2014/15 and authorized staff to issue County payment for FY 2014/15 and 2) Directed staff to amend the Agreement between the City of Clearlake and the County of Lake relative to operation and funding of the PEG Channel. The motion carried by the following vote:
Ayes- Supervisors: 5 - Comstock, Smith, Farrington, Brown and Rushing
Clerk’s notes: (a) PEG representative and former Supervisor Ed Robey presented the item to the Board.
Chair Rushing asked if anyone present wished to speak and Shawn Swatosh spoke. No one else present wished to speak and the public input portion of this item was closed.
b) County Administrative Officer Matt Perry presented the item to the Board, Ed Robey suggested including the City of Lakeport as well as having a 2-year term of office.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
8.39:30 A.M. - HEARING - Nuisance Abatement Assessment confirmation and proposed Recordation of Lien in the amount of $18,509.02, for 19827 Bear Valley Road, Hidden Valley Lake (APN 141-722-05 - Alexander Osborn)
Action Item
approved — Pass
Staff memo
I. PROPERTY OUTLINE:
Property Owner: Alexander Osborn
Location: 19827 Bear Valley Rd, Hidden Valley Lake
APN: 141-722-05
Zoning: "R1", Single-Family Residential-Residential Design
Case #: 14-0125
II. ABATEMENT SUMMARY
On July 16, 2014, a Notice of Nuisance and Order to Abate was prepared and posted at 19827 Bear Valley Road, within the Hidden Valley Lake Subdivision, and mailed, certified to the property owner of record due to a partially burned dwelling. Several complaints had been filed by area residents. The Notice of Nuisance and Order to Abate provided Mr. Osborn with 30 days to demolish and remove the fire damaged structure and debris from the property.
On October 6, 2014 the Community Development Department obtained bids from local contractors and awarded the contract to the lowest bidder; Dixon Backhoe and General Engineering in the amount of $17,500. That contract was approved by the Board of Supervisors on October 23, 2014 and work commenced soon after and was completed November 6, 2014.
..Recommended Action
III. RECOMMENDATION:
Staff recommends the Board of Supervisors confirm the assessment of $18, 509.02 and direct staff to Record a Notice of Lien against the property. The cost to demolish the structure was $17,200.00. The administrative costs increased on this case due to the need for an abatement warrant, and amounted to $1,009.02.
Sample Motion:
I move that the assessment of $18,509.02 for nuisance abatement on property located at 19827 Bear Valley Rd, Hidden Valley Lake, CA, also known as Assessors Parcel Number 141-722-05, and owned by Alexander Osborn be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $18,509.02 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Richard Coel, Community Development Director
SUBJECT: Notice of Assessment & Lien Hearing for Alexander Osborn;
December 16, 2014 @ 9:30 AM
Supervisorial District 1
Date: December 2, 2014
ATTACHMENTS: 1. Notice of Nuisance and Order to Abate
2. Notice of Assessment
3. Proposed Notice of Lien
4. Contractor's Invoice
5. Task Sheet
I. PROPERTY OUTLINE:
Property Owner: Alexander Osborn
Location: 19827 Bear Valley Rd, Hidden Valley Lake
APN: 141-722-05
Zoning: "R1", Single-Family Residential-Residential Design
Case #: 14-0125
II. ABATEMENT SUMMARY
On July 16, 2014, a Notice of Nuisance and Order to Abate was prepared and posted at 19827 Bear Valley Road, within the Hidden Valley Lake Subdivision, and mailed, certified to the property owner of record due to a partially burned dwelling. Several complaints had been filed by area residents. The Notice of Nuisance and Order to Abate provided Mr. Osborn with 30 days to demolish and remove the fire damaged structure and debris from the property.
On October 6, 2014 the Community Development Department obtained bids from local contractors and awarded the contract to the lowest bidder; Dixon Backhoe and General Engineering in the amount of $17,500. That contract was approved by the Board of Supervisors on October 23, 2014 and work commenced soon after and was completed November 6, 2014.
..Recommended Action
III. RECOMMENDATION:
Staff recommends the Board of Supervisors confirm the assessment of $18, 509.02 and direct staff to Record a Notice of Lien against the property. The cost to demolish the structure was $17,200.00. The administrative costs increased on this case due to the need for an abatement warrant, and amounted to $1,009.02.
Sample Motion:
I move that the assessment of $18,509.02 for nuisance abatement on property located at 19827 Bear Valley Rd, Hidden Valley Lake, CA, also known as Assessors Parcel Number 141-722-05, and owned by Alexander Osborn be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $18,509.02 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.
On motion of Supervisor Comstock, and by vote of the Board, confirmed the assessment of $18,509.02 for nuisance abatement on property located at 19827 Bear Valley Rd, Hidden Valley Lake, CA, also known as Assessors Parcel Number 141-722-05, and owned by Alexander Osborn be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $18,509.02 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43. The motion carried by the following vote:
Clerk’s notes: The Clerk swore in Community Development Director Richard Coel, Chief Building Official Michael Lockett and Community Development Technician Michael Penhall.
Mr.Coel gave the staff report. Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
8.49:35 A.M. - HEARING - Nuisance Abatement Assessment confirmation and proposed Recordation of Lien in the amount of $10,623.35, for 2927 Meadow Drive, Lakeport (APN 044-471-11 - Dawn Thomas)
Action Item
approved — Pass
Staff memo
I. PROPERTY OUTLINE:
Property Owner: Dawn Thomas
Location: 2927 Meadow Dr, Lakeport
APN: 044-471-11
Zoning: "SR", Suburban Reserve District
Case #: 14-0055
II. ABATEMENT SUMMARY
As a result of several complaints being filed, on May 1, 2014 a Notice of Nuisance and Order to Abate was posted at 2927 Meadow Drive, Lakeport, and mailed, certified to the property owner of record due to excessive open and outdoor storage of junk and trash, and unregistered, non-operable vehicles. Despite communication between staff and a property management company, these nuisance conditions were not abated. A compliance inspection was performed by the Chief Building Official on June 10, 2014, who determined that the dwelling on the property was in an unsafe, uninhabitable condition. As a result, an additional Notice of Nuisance and Order to Abate was prepared, mailed certified and posted on July 29, 2014 for the substandard dwelling. The second Notice of Nuisance and Order to Abate provided the property owner of record, Ms. Thomas a deadline of September 2, 2014 to demolish the substandard dwelling and remove all of the debris and junk from the property. The condition of the dwelling was determined to be such that it was impractical to repair.
The property had been abandoned by the owner and was in a pre-foreclosure process. No work had been completed by the property management company, or owner to abate the nuisance conditions. On October 15, 2014 the Community Development Department obtained bids from local contractors and awarded the contract to the lowest bidder; Hiatt Construction in the amount of $9,800.00. Abatement was completed on November 13, 2014.
I move that the assessment of $10,623.35 for nuisance abatement on property located at 2927 Meadow Drive, Lakeport, CA, also known as Assessor's Parcel Number 044-471-11, and owned by Dawn Thomas be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $10,623.35 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.
..Recommended Action
III. RECOMMENDATION:
Staff recommends the Board of Supervisors confirm the assessment of $10,623.35 and direct staff to Record a Notice of Lien against the property. The cost of demolition and clean-up was $9,800.00. The administrative costs on this case amounted to $823.35.
Sample Motion:
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Richard Coel, Community Development Director
SUBJECT: Notice of Assessment & Lien Hearing for Dawn Thomas;
December 16, 2014 @ 9:35 AM
Supervisorial District 4
Date: December 2, 2014
ATTACHMENTS: 1. Notice of Nuisance and Order to Abate
2. Notice of Assessment
3. Proposed Notice of Lien
4. Contractor's Invoice
5. Task Sheet
I. PROPERTY OUTLINE:
Property Owner: Dawn Thomas
Location: 2927 Meadow Dr, Lakeport
APN: 044-471-11
Zoning: "SR", Suburban Reserve District
Case #: 14-0055
II. ABATEMENT SUMMARY
As a result of several complaints being filed, on May 1, 2014 a Notice of Nuisance and Order to Abate was posted at 2927 Meadow Drive, Lakeport, and mailed, certified to the property owner of record due to excessive open and outdoor storage of junk and trash, and unregistered, non-operable vehicles. Despite communication between staff and a property management company, these nuisance conditions were not abated. A compliance inspection was performed by the Chief Building Official on June 10, 2014, who determined that the dwelling on the property was in an unsafe, uninhabitable condition. As a result, an additional Notice of Nuisance and Order to Abate was prepared, mailed certified and posted on July 29, 2014 for the substandard dwelling. The second Notice of Nuisance and Order to Abate provided the property owner of record, Ms. Thomas a deadline of September 2, 2014 to demolish the substandard dwelling and remove all of the debris and junk from the property. The condition of the dwelling was determined to be such that it was impractical to repair.
The property had been abandoned by the owner and was in a pre-foreclosure process. No work had been completed by the property management company, or owner to abate the nuisance conditions. On October 15, 2014 the Community Development Department obtained bids from local contractors and awarded the contract to the lowest bidder; Hiatt Construction in the amount of $9,800.00. Abatement was completed on November 13, 2014.
I move that the assessment of $10,623.35 for nuisance abatement on property located at 2927 Meadow Drive, Lakeport, CA, also known as Assessor's Parcel Number 044-471-11, and owned by Dawn Thomas be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $10,623.35 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.
..Recommended Action
III. RECOMMENDATION:
Staff recommends the Board of Supervisors confirm the assessment of $10,623.35 and direct staff to Record a Notice of Lien against the property. The cost of demolition and clean-up was $9,800.00. The administrative costs on this case amounted to $823.35.
Sample Motion:
On motion of Supervisor Farrington, and by vote of the Board, confirmed the assessment of $10,623.35 for nuisance abatement on property located at 2927 Meadow Drive, Lakeport, CA, also known as Assessor’s Parcel Number 044-471-11, and owned by Dawn Thomas be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $10,623.35 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43. The motion carried by the following vote:
Clerk’s notes: Community Development Director Richard Coel gave the staff report. Chief Buidling Offical Michael Lockett and Community Development Technician Michael Penhall were also present.
Chair Rushing asked if anyone present wished to speak and Joan Moss spoke. No one else present wished to speak and the public input portion of this item was closed.
8.59:45 A.M. - HEARING - Notice of Abatement Assessment confirmation and proposed recordation of Lien in the amount of $10,661.00, for 9326 Glenhaven Drive, Glenhaven (APN 035-031-40 - James L. Jardine)
Action Item
approved — Pass
Staff memo
I. PROPERTY OUTLINE:
Property Owner: James L. Jardine
Location: 9326 Glenhaven Dr., Glenhaven
APN: 035-031-40
Zoning: "R1", Single-Family Residential-Residential Design
Case #: 14-0042
II. ABATEMENT SUMMARY
On March 11, 2014, a Notice of Nuisance and Order to Abate was prepared and posted at 9326 Glenhaven Drive, Glenhaven and mailed, certified to the property owner of record due to a substandard, unfinished dwelling. The unfinished dwelling had been permitted but the permit expired due to inactivity more than 10 years ago. Numerous complaints had been filed over the past 2 years by several area residents due to the deteriorating condition of the structure, which included exposed foam exterior wall surfaces with hundreds of acorns bored into it by woodpeckers. Over the years, Community Development Department staff has made several unsuccessful attempts to compel Mr. Jardine to either renew the building permit and complete the construction, or demolish the structure. However, this latest case was started in March 2014 and the administrative costs for the abatement are limited to this time period.
The Notice of Nuisance and Order to Abate posted and mailed on March 11th provided Mr. Jardine with 30 days to obtain a building permit to either repair or demolish the structure, and also provided him a deadline of April 11, 2014 to request a hearing before the Board of Supervisors to show cause why this should not be abated as a public nuisance. No hearing request was filed and no attempt to obtain a permit to repair or demolish the structure was made. While not required by the Nuisance Abatement Ordinance, staff followed up with a Courtesy Notification on April 17th, informing Mr. Jardine that the Community Development Department was moving forward with abatement and soliciting for bids from contractors. Despite additional time being provided, including delays in the bid process and efforts made by staff to seek additional bids to manage the cost of the abatement, no action was taken by the owner.
On September 17, 2014 the Community Development Department awarded a contract for $9,990.00 to a local contractor. Work commenced soon after and was completed on October 30, 2014. A portion of the retaining wall/first floor foundation wall was left in place and a fence installed above the wall for safety. Leaving this portion of the wall minimized abatement costs and maintains the lower pad.
..Recommended Action
III. RECOMMENDATION:
Staff recommends the Board of Supervisors confirm the assessment of $10,661.00 and direct staff to Record a Notice of Lien against the property. The cost to demolish the structure, remove the debris and install the fence was $9,990.00. The administrative costs on this case amounted to $671.00.
Sample Motion:
I move that the assessment of $10,661.00 for nuisance abatement on property located at 9326 Glenhaven Drive, Glenhaven, CA, also known as Assessors Parcel Number 035-031-40, and owned by James L. Jardine be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $10,661.00 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Richard Coel, Community Development Director
SUBJECT: Notice of Assessment & Lien Hearing for James L. Jardine;
December 16, 2014 @ 9:45 AM
Supervisorial District 3
Date: December 3, 2014
ATTACHMENTS: 1. Notice of Nuisance and Order to Abate
2. Courtesy Notification
3. Notice of Assessment
4. Proposed Notice of Lien
5. Contractor's Invoice
6. Task Sheet
I. PROPERTY OUTLINE:
Property Owner: James L. Jardine
Location: 9326 Glenhaven Dr., Glenhaven
APN: 035-031-40
Zoning: "R1", Single-Family Residential-Residential Design
Case #: 14-0042
II. ABATEMENT SUMMARY
On March 11, 2014, a Notice of Nuisance and Order to Abate was prepared and posted at 9326 Glenhaven Drive, Glenhaven and mailed, certified to the property owner of record due to a substandard, unfinished dwelling. The unfinished dwelling had been permitted but the permit expired due to inactivity more than 10 years ago. Numerous complaints had been filed over the past 2 years by several area residents due to the deteriorating condition of the structure, which included exposed foam exterior wall surfaces with hundreds of acorns bored into it by woodpeckers. Over the years, Community Development Department staff has made several unsuccessful attempts to compel Mr. Jardine to either renew the building permit and complete the construction, or demolish the structure. However, this latest case was started in March 2014 and the administrative costs for the abatement are limited to this time period.
The Notice of Nuisance and Order to Abate posted and mailed on March 11th provided Mr. Jardine with 30 days to obtain a building permit to either repair or demolish the structure, and also provided him a deadline of April 11, 2014 to request a hearing before the Board of Supervisors to show cause why this should not be abated as a public nuisance. No hearing request was filed and no attempt to obtain a permit to repair or demolish the structure was made. While not required by the Nuisance Abatement Ordinance, staff followed up with a Courtesy Notification on April 17th, informing Mr. Jardine that the Community Development Department was moving forward with abatement and soliciting for bids from contractors. Despite additional time being provided, including delays in the bid process and efforts made by staff to seek additional bids to manage the cost of the abatement, no action was taken by the owner.
On September 17, 2014 the Community Development Department awarded a contract for $9,990.00 to a local contractor. Work commenced soon after and was completed on October 30, 2014. A portion of the retaining wall/first floor foundation wall was left in place and a fence installed above the wall for safety. Leaving this portion of the wall minimized abatement costs and maintains the lower pad.
..Recommended Action
III. RECOMMENDATION:
Staff recommends the Board of Supervisors confirm the assessment of $10,661.00 and direct staff to Record a Notice of Lien against the property. The cost to demolish the structure, remove the debris and install the fence was $9,990.00. The administrative costs on this case amounted to $671.00.
Sample Motion:
I move that the assessment of $10,661.00 for nuisance abatement on property located at 9326 Glenhaven Drive, Glenhaven, CA, also known as Assessors Parcel Number 035-031-40, and owned by James L. Jardine be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $10,661.00 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.
On motion of Supervisor Comstock, and by vote of the Board, confirmed the assessment of $10,661.00 for nuisance abatement on property located at 9326 Glenhaven Drive, Glenhaven, CA, also known as Assessors Parcel Number 035-031-40, and owned by James L. Jardine be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $10,661.00 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43. The motion carried with the following vote:
Clerk’s notes: Community Development Director Richard Coel gave the staff report. Chief Buidling Offical Michael Lockett and Community Development Technician Michael Penhall were also present.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
8.69:55 A.M. - HEARING - Notice of Nuisance Abatement confirmation and proposed recordation of Lien in the amount of $10,586.39, for 2605 Fall Street, Nice (APN 030-234-16 - Daniel Long)
Action Item
approved — Pass
Staff memo
I. PROPERTY OUTLINE:
Property Owner: Daniel Long
Location: 2605 Fall Street, Nice
APN: 030-234-16
Zoning: "RR", Rural Residential district
Case #: 14-0144
II. ABATEMENT SUMMARY
On August 25, 2014 a Notice of Nuisance and Order to Abate was prepared and posted at 2605 Fall Street, Nice, and mailed, certified to the property owner of record due to occupancy of an RV, open & outdoor storage and illegal grading on a vacant lot associated with marijuana cultivation. There is no septic system and no water service to this lot. The Sheriff's Task Force abated the marihuana and the growers abandoned the RV. Several complaints had been filed by area residents. The Notice of Nuisance and Order to Abate provided the property owner, Mr. Long 30 days to remove the abandoned RV, and open and outdoor storage from the property and to correct the unpermitted, substandard grading.
The property owner failed to abate the nuisance conditions. On October 23, 2014 the Community Development Department obtained bids for property clean up and to correct the grading violations on the property. A contract was awarded to a local contractor for $9,020.00 to repair the grading and another local contractor in the amount of $600.00 for the removal of the abandoned RV, for a cumulative total of $9,620.00. Erosion control was also installed on the property.
The California Department of Fish and Wildlife is processing a case against the property owner due to a water diversion associated with the marijuana cultivation.
..Recommended Action
III. RECOMMENDATION:
Staff recommends the Board of Supervisors confirm the assessment of $10,586.39 and direct staff to Record a Notice of Lien against the property. The cost to repair the illegal grading was $9,020.00 and to remove the RV from the site was an additional $600.00 for a total of $9,620.00. The administrative costs amounted to $966.39. Staff also recommends that the Board authorize staff to pursue cost recovery on this case with the assistance of a collection agency, since the property.
Sample Motion:
I move that the assessment of $10,586.39 for nuisance abatement on property located at 2605 Fall Street Nice, CA, also known as Assessor's Parcel Number 030-234-16, and owned by Daniel Long be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $10,586.39 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Richard Coel, Community Development Director
SUBJECT: Notice of Assessment & Lien Hearing for Daniel Long;
December 16, 2014 @ 9:55 AM
Supervisorial District 3
Date: December 3, 2014
ATTACHMENTS: 1. Notice of Nuisance and Order to Abate
2. Notice of Assessment
3. Proposed Notice of Lien
4. Contractor's Invoice
5. Task Sheet
I. PROPERTY OUTLINE:
Property Owner: Daniel Long
Location: 2605 Fall Street, Nice
APN: 030-234-16
Zoning: "RR", Rural Residential district
Case #: 14-0144
II. ABATEMENT SUMMARY
On August 25, 2014 a Notice of Nuisance and Order to Abate was prepared and posted at 2605 Fall Street, Nice, and mailed, certified to the property owner of record due to occupancy of an RV, open & outdoor storage and illegal grading on a vacant lot associated with marijuana cultivation. There is no septic system and no water service to this lot. The Sheriff's Task Force abated the marihuana and the growers abandoned the RV. Several complaints had been filed by area residents. The Notice of Nuisance and Order to Abate provided the property owner, Mr. Long 30 days to remove the abandoned RV, and open and outdoor storage from the property and to correct the unpermitted, substandard grading.
The property owner failed to abate the nuisance conditions. On October 23, 2014 the Community Development Department obtained bids for property clean up and to correct the grading violations on the property. A contract was awarded to a local contractor for $9,020.00 to repair the grading and another local contractor in the amount of $600.00 for the removal of the abandoned RV, for a cumulative total of $9,620.00. Erosion control was also installed on the property.
The California Department of Fish and Wildlife is processing a case against the property owner due to a water diversion associated with the marijuana cultivation.
..Recommended Action
III. RECOMMENDATION:
Staff recommends the Board of Supervisors confirm the assessment of $10,586.39 and direct staff to Record a Notice of Lien against the property. The cost to repair the illegal grading was $9,020.00 and to remove the RV from the site was an additional $600.00 for a total of $9,620.00. The administrative costs amounted to $966.39. Staff also recommends that the Board authorize staff to pursue cost recovery on this case with the assistance of a collection agency, since the property.
Sample Motion:
I move that the assessment of $10,586.39 for nuisance abatement on property located at 2605 Fall Street Nice, CA, also known as Assessor's Parcel Number 030-234-16, and owned by Daniel Long be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $10,586.39 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.
On motion of Supervisor Comstock, and by vote of the Board, confirmed the assessment of $10,586.39 for nuisance abatement on property located at 2605 Fall Street Nice, CA, also known as Assessor’s Parcel Number 030-234-16, and owned by Daniel Long be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $10,586.39 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43. The motion carried by the following vote:
Clerk’s notes: Community Development Director Richard Coel gave the staff report. Chief Buidling Offical Michael Lockett and Community Development Technician Michael Penhall were also present.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
8.710:00 A.M. - HEARING - Notice of Abatement Assessment confirmation and proposed recordation of Lien in the amount of $2,277.30, for 7990 Bridge Arbor Road, Upper Lake (APN 004-083-06 - Arturo R. Gutierrez)
Action Item
approved — Pass
Staff memo
Sheet
I. PROPERTY OUTLINE:
Property Owner: Arturo P. Gutierrez
Location: 7990 Bridge Arbor Rd, Upper Lake
APN: 004-083-06
Zoning: "RR", Rural Residential District
Case #: 14-0099
II. ABATEMENT SUMMARY
On June 10, 2014, a Notice of Nuisance and Order to Abate was prepared and posted at 7990 Bridge Arbor Rd, Upper Lake, within the Robinson Rancheria Subdivision, and mailed, certified to the property owner of record due to an over-height fence built in the middle of the property associated with a marijuana grow site, along with open and outdoor storage of junk, trash & debris and inoperable vehicles stored on a vacant lot. It also appeared that the RV on the site was being occupied in association with the marijuana cultivation. Several complaints had been filed by area residents. The Notice of Nuisance and Order to Abate provided Mr. Gutierrez with 30 days to abate the nuisance conditions.
On November 7, 2014 the Community Development Department obtained and posted an inspection and abatement warrant and 24 hour notice to Mr. Gutierrez. At that time it was determined that the RV and other vehicles had been removed. However, the open and outdoor storage and fence was left on site. Upon entering into a contract with a local contractor, the fence, trash, and miscellaneous junk was removed from the property on November 8, 2014.
..Recommended Action
III. RECOMMENDATION:
Staff recommends the Board of Supervisors confirm the assessment of $2,277.30 and direct staff to Record a Notice of Lien against the property. The cost to clean up the property was $1,500.00. The administrative costs amounted to $777.30.
Sample Motion:
I move that the assessment of $2,277.30 for nuisance abatement on property located at 7990 Bridge Arbor Rd, Upper Lake, CA, also known as Assessor's Parcel Number 004-083-06, and owned by Arturo P Gutierrez be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $2,277.30 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Richard Coel, Community Development Director
SUBJECT: Notice of Assessment & Lien Hearing for Arturo P Gutierrez;
December 16, 2014 @ 10:00 AM
Supervisorial District 3
Date: December 3, 2014
ATTACHMENTS: 1. Notice of Nuisance and Order to Abate
2. Notice of Assessment
3. Proposed Notice of Lien
4. Contractor's Invoice
5. Task Sheet
I. PROPERTY OUTLINE:
Property Owner: Arturo P. Gutierrez
Location: 7990 Bridge Arbor Rd, Upper Lake
APN: 004-083-06
Zoning: "RR", Rural Residential District
Case #: 14-0099
II. ABATEMENT SUMMARY
On June 10, 2014, a Notice of Nuisance and Order to Abate was prepared and posted at 7990 Bridge Arbor Rd, Upper Lake, within the Robinson Rancheria Subdivision, and mailed, certified to the property owner of record due to an over-height fence built in the middle of the property associated with a marijuana grow site, along with open and outdoor storage of junk, trash & debris and inoperable vehicles stored on a vacant lot. It also appeared that the RV on the site was being occupied in association with the marijuana cultivation. Several complaints had been filed by area residents. The Notice of Nuisance and Order to Abate provided Mr. Gutierrez with 30 days to abate the nuisance conditions.
On November 7, 2014 the Community Development Department obtained and posted an inspection and abatement warrant and 24 hour notice to Mr. Gutierrez. At that time it was determined that the RV and other vehicles had been removed. However, the open and outdoor storage and fence was left on site. Upon entering into a contract with a local contractor, the fence, trash, and miscellaneous junk was removed from the property on November 8, 2014.
..Recommended Action
III. RECOMMENDATION:
Staff recommends the Board of Supervisors confirm the assessment of $2,277.30 and direct staff to Record a Notice of Lien against the property. The cost to clean up the property was $1,500.00. The administrative costs amounted to $777.30.
Sample Motion:
I move that the assessment of $2,277.30 for nuisance abatement on property located at 7990 Bridge Arbor Rd, Upper Lake, CA, also known as Assessor's Parcel Number 004-083-06, and owned by Arturo P Gutierrez be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $2,277.30 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.
On motion of Supervisor Comstock, and by vote of the Board, confirmed the assessment of $2,277.30 for nuisance abatement on property located at 7990 Bridge Arbor Rd, Upper Lake, CA, also known as Assessor’s Parcel Number 004-083-06, and owned by Arturo P Gutierrez be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $2,277.30 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.. The motion carried by the following vote:
Clerk’s notes: Community Development Director Richard Coel gave the staff report. Chief Buidling Offical Michael Lockett and Community Development Technician Michael Penhall were also present.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
8.810:05 A.M. - Presentation of update on Code Enforcement Program
Report
Staff memo
SUMMARY
Community Development Department staff will be providing your Board with an update on the Code Enforcement Program activities for the time period between July 1 and December 15, 2014. We are currently in the recruitment process for the Code Enforcement Officer and Code Enforcement Program Supervisor positions for which your Board has committed funding. Despite limited staffing, the Department continues to make steady progress with the Program. Staff will provide a Power Point Presentation on December 16th that includes statistical information on cases closed, voluntary compliance, numbers of inspection and abatement warrants obtained and so forth.
..Recommended Action
This item is informational only. No action is requested of the Board.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Richard Coel, Community Development Director
Michael Lockett, Chief Building Official
Mike Penhall, Community Development Technician
SUBJECT: Code Enforcement Program Update
December 16, 2014 BOS Agenda, 10:00AM
DATE: December 3, 2014
SUMMARY
Community Development Department staff will be providing your Board with an update on the Code Enforcement Program activities for the time period between July 1 and December 15, 2014. We are currently in the recruitment process for the Code Enforcement Officer and Code Enforcement Program Supervisor positions for which your Board has committed funding. Despite limited staffing, the Department continues to make steady progress with the Program. Staff will provide a Power Point Presentation on December 16th that includes statistical information on cases closed, voluntary compliance, numbers of inspection and abatement warrants obtained and so forth.
..Recommended Action
This item is informational only. No action is requested of the Board.
This item was informational only. No Board action was required.
Clerk’s notes: Community Developement Director Richard Coel gave the presentation to the Board. Chief Building Official Michael Lockett and Community Developement Technician Michael Penhall were also present. Mr.Penhall reported on statistics of Code Enforcement. Mr.Lockett reported on Cost Recovery.
Chair Rushing asked if anyone present wished to speak and Joan Moss spoke. No one else present wished to speak and the public input portion of this item was closed.
8.910:15 A.M. - PUBLIC HEARING - Consideration of proposed Ordinance Regarding Transitional and Supportive Housing, Emergency Shelters, Granny Units Age Restrictions, Reduction of Parking Standards for Multi-family Housing Units, Increase Affordable Housing in R3 Zoning District and Allow Density Bonuses for Very Low Income Affordable Housing Projects
Public Hearing
approved — Pass
Staff memo
ATTACHMENTS: A. Planning Commission Staff Report
B. Proposed Ordinance as Recommended by Planning Commission
C. Existing Zoning Ordinance Sections with Recommended Changes
D. Draft Planning Commission Minutes from October 23, 2014
I. DISCUSSION
Staff presented draft Zoning Ordinance Amendments to the Planning Commission on October 23, 2014 that propose amendments to the Lake County Zoning Ordinance Sections pertaining to:
* Emergency Shelters
* Transitional housing
* Supportive housing
* Granny Unit age restrictions
* Reduce parking standards for multi-family housing units
* Reduced permit standard for affordable housing in the R3 zoning district
* Density bonuses for very low income affordable housing projects
Please refer to the Planning Commission Staff Report (Attachment A) for a detailed description of these proposed amendments along with the reasoning behind them. Also, please refer to Attachment C, which includes copies of the applicable sections of the Zoning Ordinance and the proposed revisions depicted by bold, italicized, highlighted font and Strikethrough font.
The Planning Commission reviewed these proposed revisions and recommended a minor change to the Emergency Shelter Management provision within Section 27.2(y)11 (see page 27-26 of Attachment C) to allow for the option of a designated volunteer to be on site and on duty instead of just limiting this to a facility manager, since shelters may not always have paid staff available, particularly during overnight hours.
The proposed ordinance change related to removing the age restriction currently imposed by the Granny Units terms and conditions also resulted in a recommendation by the Planning Commission. The Zoning Ordinance currently restricts the use of a granny unit such that one of the occupants is required to be age 60 or older. This requirement is not enforced by staff because it cannot be practically enforced. The Planning Commission supports the removal of the age restriction but also expressed their concern about continuing to refer to these units as Granny Units if the age limit is removed. The Commission suggested that the name be changed to align with the California Building Code, which includes provisions for Efficiency Dwelling Units. Staff has discussed this issue with the Chief Building Official and has determined that referring to Granny Units as "Efficiency Dwelling Units" under the Building Code could have unintended consequences in terms of floor plan and size limitations. Staff is also concerned that changing the name of Granny Units will add to confusion given that the Zoning Ordinance also allows for Residential Second Units in several zoning districts on larger parcels, and therefore a clear distinction between these two types of housing needs could become more blurred. Staff also feels that in order to avoid confusion for contractors, developers and realtors and others who regularly conducted business with the County, the name should not be changed.
..Recommended Action
II. RECOMMENDATION
Staff and the Planning Commission recommend that the Board of Supervisors:
A. Find that the proposed text amendments to the Lake County Zoning Ordinance is exempt from the California Environmental Quality Act pursuant to � 15061(b)(3) of the CEQA Guidelines with the following findings:
1. The project is consistent with the Lake County General Plan and Zoning Ordinance.
2. This project will not have a significant effect on the environment.
3. The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
B. Recommend that the Board of Supervisors approve the proposed Zoning Ordinance text amendments for the following reasons.
1. This proposal is consistent with the Lake County General Plan and Zoning Ordinance.
2. This proposal is necessary to implement policies of the Lake County Housing Element that will assist with development of affordable housing, while protecting the health and safety and welfare of the County.
3. The project will not result in any significant adverse environmental impacts, and the project is exempt from CEQA.
Sample Motions:
Zoning Ordinance Text Amendment Approval
I move that the reading of the ordinance be waived and the title only be read.
I offer the ordinance.*
* (It is permissible to instead move that the ordinance be advanced on the agenda for consideration.)
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Richard Coel, Community Development Director
Prepared by: Michalyn DelValle, Senior Planner
DATE: December 3, 2014
SUBJECT: Proposed Amendments to Zoning Ordinance; AM 14-01, CE 14-34
ATTACHMENTS: A. Planning Commission Staff Report
B. Proposed Ordinance as Recommended by Planning Commission
C. Existing Zoning Ordinance Sections with Recommended Changes
D. Draft Planning Commission Minutes from October 23, 2014
I. DISCUSSION
Staff presented draft Zoning Ordinance Amendments to the Planning Commission on October 23, 2014 that propose amendments to the Lake County Zoning Ordinance Sections pertaining to:
* Emergency Shelters
* Transitional housing
* Supportive housing
* Granny Unit age restrictions
* Reduce parking standards for multi-family housing units
* Reduced permit standard for affordable housing in the R3 zoning district
* Density bonuses for very low income affordable housing projects
Please refer to the Planning Commission Staff Report (Attachment A) for a detailed description of these proposed amendments along with the reasoning behind them. Also, please refer to Attachment C, which includes copies of the applicable sections of the Zoning Ordinance and the proposed revisions depicted by bold, italicized, highlighted font and Strikethrough font.
The Planning Commission reviewed these proposed revisions and recommended a minor change to the Emergency Shelter Management provision within Section 27.2(y)11 (see page 27-26 of Attachment C) to allow for the option of a designated volunteer to be on site and on duty instead of just limiting this to a facility manager, since shelters may not always have paid staff available, particularly during overnight hours.
The proposed ordinance change related to removing the age restriction currently imposed by the Granny Units terms and conditions also resulted in a recommendation by the Planning Commission. The Zoning Ordinance currently restricts the use of a granny unit such that one of the occupants is required to be age 60 or older. This requirement is not enforced by staff because it cannot be practically enforced. The Planning Commission supports the removal of the age restriction but also expressed their concern about continuing to refer to these units as Granny Units if the age limit is removed. The Commission suggested that the name be changed to align with the California Building Code, which includes provisions for Efficiency Dwelling Units. Staff has discussed this issue with the Chief Building Official and has determined that referring to Granny Units as "Efficiency Dwelling Units" under the Building Code could have unintended consequences in terms of floor plan and size limitations. Staff is also concerned that changing the name of Granny Units will add to confusion given that the Zoning Ordinance also allows for Residential Second Units in several zoning districts on larger parcels, and therefore a clear distinction between these two types of housing needs could become more blurred. Staff also feels that in order to avoid confusion for contractors, developers and realtors and others who regularly conducted business with the County, the name should not be changed.
..Recommended Action
II. RECOMMENDATION
Staff and the Planning Commission recommend that the Board of Supervisors:
A. Find that the proposed text amendments to the Lake County Zoning Ordinance is exempt from the California Environmental Quality Act pursuant to � 15061(b)(3) of the CEQA Guidelines with the following findings:
1. The project is consistent with the Lake County General Plan and Zoning Ordinance.
2. This project will not have a significant effect on the environment.
3. The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
B. Recommend that the Board of Supervisors approve the proposed Zoning Ordinance text amendments for the following reasons.
1. This proposal is consistent with the Lake County General Plan and Zoning Ordinance.
2. This proposal is necessary to implement policies of the Lake County Housing Element that will assist with development of affordable housing, while protecting the health and safety and welfare of the County.
3. The project will not result in any significant adverse environmental impacts, and the project is exempt from CEQA.
Sample Motions:
Zoning Ordinance Text Amendment Approval
I move that the reading of the ordinance be waived and the title only be read.
I offer the ordinance.*
* (It is permissible to instead move that the ordinance be advanced on the agenda for consideration.)
On motion of Supervisor Farrington, and by vote of the Board (5 ayes), adopted the findings and waived the reading of the Ordinance having it read in title only, Clerk did so.
Supervisor Farrington offered Ordinance 3021, it was passed by roll call vote:
Clerk’s notes: Chair Rushing announced this was a Public Hearing. Community Development Director Rick Coel and Senior Planner Michalyn DelValle presented the proposed changes to the Board.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public hearing was closed.
8.1010:45 A.M. - HEARING - Consideration of appeal of Notice of Nuisance and Order to Abate for 10300 Rocky Creek Road, Lower Lake (APN 012-069-42 - Joshua Beaman)
Action Item
approved — Pass
Staff memo
I. PROPERTY OUTLINE:
Property Owner: Joshua Beaman
Mailing Address: 1200 Willow Street, Calistoga, CA 94515
Location: 10300 Rocky Creek Road, Lower Lake
APN: 012-069-42
Zoning: "RL", Rural Lands
Case #: 14-0205
ATTACHMENTS: 1. Notice of Nuisance and Order to Abate posted 10/03/2014
2. Notice of Hearing before B.O.S.
3. Nuisance Abatement Hearing Request Form
4. Vicinity Map
II. OVERVIEW
On October 3, 2014 a Notice of Nuisance and Order to Abate was posted on property located at 10300 Rocky Creek Road, Lower Lake for construction/occupancy of an unpermitted dwelling. Community Development Department staff was contacted by the Sheriff's Task Force as a result of cultivation of marijuana on this property which had no record of building permits for a dwelling. On October 27, 2014, a Nuisance Abatement Hearing Request Form was received via certified mail by the Community Development Department (Attachment 3) expressing reasons why the property should not be considered a public nuisance. While the hearing request deadline provided by the Notice and Order was October 24th, the postmark of the certified letter was October 22nd; therefore staff accepted the filing of this hearing request as timely.
On December 3, 2014 staff prepared and mailed a Notice of Hearing to the property owner and also sent a copy of the notice and this staff report to the owner via email, informing him of this hearing date.
III. DISCUSSION
The Nuisance Abatement Hearing Request Form (Attachment 3) does not include any reasons for why the property owner believes there are no violations of the applicable County Codes, California Health and Safety Code and California Building Code that cited in the Notice of Nuisance and Order to Abate.
There is no record of a building permit for the dwelling, which appears to have been constructed sometime around 2008. The dwelling does not have a perimeter foundation and may not meet fire code requirements. Although the Assessor's Office has been assessing the construction improvements on the property, this does not "legalize" the dwelling. Also, a septic permit has not been obtained from the Environmental Health Division for the residence. The only records on file with Environmental Health for this property are a site evaluation and a well permit.
The violations on this property included construction of a small metal accessory building, a metal fence for the marijuana cultivation area that is at least 8 feet high, storage of a commercial truck that had expired tags, and miscellaneous items. No residential accessory uses are allowed on the property because the dwelling was never permitted, and there is no agricultural use to justify the approval of the metal building.
During a phone conversation with staff on October 17, 2014, the property owner indicated that he was going to register the commercial truck. However, the Zoning Ordinance does not allow for storage of vehicles on vacant land, and even if the dwelling is permitted and inspected, commercial trucks cannot be stored on property zoned Rural Lands.
..Recommended Action
IV. RECOMMENDATION:
Staff recommends the Board of Supervisors uphold the Notice of Nuisance and Order to Abate dated October 3, 2014. The order allowed the property owner to voluntarily abate the nuisance conditions by November 4, 2014. The property owner should be provided with no more than 30 days (January 16, 2015) to either secure proper building and health department permits for the unpermitted dwelling and septic system, or secure a demolition permit and demolish the unpermitted residence, properly abandon the septic system, and also to removing the over height fence and junk from the property. If building and health permits are obtained, work should commence immediately with all work to bring the dwelling to code completed within six (6) months. 10300 Rocky Creek Road, Lower Lake
SAMPLE MOTION:
I move that the Board of Supervisors uphold the Notice of Nuisance and Order to Abate dated October 3, 2014 for nuisance conditions at 10300 Rocky Creek Road, Lower Lake, CA, also known as Assessor's Parcel Number 012-069-42, and authorize staff to abate the nuisance conditions on, or after January 7, 2015 fails to complete the abatement. All costs associated with this abatement case shall become a charge against the property.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Richard Coel, Community Development Director
SUBJECT: Nuisance Abatement Hearing for Joshua Beaman
December 16, 2014 @ 10:45 A.M. Agenda Item
Supervisorial District 3
Date: December 3, 2013
I. PROPERTY OUTLINE:
Property Owner: Joshua Beaman
Mailing Address: 1200 Willow Street, Calistoga, CA 94515
Location: 10300 Rocky Creek Road, Lower Lake
APN: 012-069-42
Zoning: "RL", Rural Lands
Case #: 14-0205
ATTACHMENTS: 1. Notice of Nuisance and Order to Abate posted 10/03/2014
2. Notice of Hearing before B.O.S.
3. Nuisance Abatement Hearing Request Form
4. Vicinity Map
II. OVERVIEW
On October 3, 2014 a Notice of Nuisance and Order to Abate was posted on property located at 10300 Rocky Creek Road, Lower Lake for construction/occupancy of an unpermitted dwelling. Community Development Department staff was contacted by the Sheriff's Task Force as a result of cultivation of marijuana on this property which had no record of building permits for a dwelling. On October 27, 2014, a Nuisance Abatement Hearing Request Form was received via certified mail by the Community Development Department (Attachment 3) expressing reasons why the property should not be considered a public nuisance. While the hearing request deadline provided by the Notice and Order was October 24th, the postmark of the certified letter was October 22nd; therefore staff accepted the filing of this hearing request as timely.
On December 3, 2014 staff prepared and mailed a Notice of Hearing to the property owner and also sent a copy of the notice and this staff report to the owner via email, informing him of this hearing date.
III. DISCUSSION
The Nuisance Abatement Hearing Request Form (Attachment 3) does not include any reasons for why the property owner believes there are no violations of the applicable County Codes, California Health and Safety Code and California Building Code that cited in the Notice of Nuisance and Order to Abate.
There is no record of a building permit for the dwelling, which appears to have been constructed sometime around 2008. The dwelling does not have a perimeter foundation and may not meet fire code requirements. Although the Assessor's Office has been assessing the construction improvements on the property, this does not "legalize" the dwelling. Also, a septic permit has not been obtained from the Environmental Health Division for the residence. The only records on file with Environmental Health for this property are a site evaluation and a well permit.
The violations on this property included construction of a small metal accessory building, a metal fence for the marijuana cultivation area that is at least 8 feet high, storage of a commercial truck that had expired tags, and miscellaneous items. No residential accessory uses are allowed on the property because the dwelling was never permitted, and there is no agricultural use to justify the approval of the metal building.
During a phone conversation with staff on October 17, 2014, the property owner indicated that he was going to register the commercial truck. However, the Zoning Ordinance does not allow for storage of vehicles on vacant land, and even if the dwelling is permitted and inspected, commercial trucks cannot be stored on property zoned Rural Lands.
..Recommended Action
IV. RECOMMENDATION:
Staff recommends the Board of Supervisors uphold the Notice of Nuisance and Order to Abate dated October 3, 2014. The order allowed the property owner to voluntarily abate the nuisance conditions by November 4, 2014. The property owner should be provided with no more than 30 days (January 16, 2015) to either secure proper building and health department permits for the unpermitted dwelling and septic system, or secure a demolition permit and demolish the unpermitted residence, properly abandon the septic system, and also to removing the over height fence and junk from the property. If building and health permits are obtained, work should commence immediately with all work to bring the dwelling to code completed within six (6) months. 10300 Rocky Creek Road, Lower Lake
SAMPLE MOTION:
I move that the Board of Supervisors uphold the Notice of Nuisance and Order to Abate dated October 3, 2014 for nuisance conditions at 10300 Rocky Creek Road, Lower Lake, CA, also known as Assessor's Parcel Number 012-069-42, and authorize staff to abate the nuisance conditions on, or after January 7, 2015 fails to complete the abatement. All costs associated with this abatement case shall become a charge against the property.
On motion of Supervisor Comstock, and by vote of the Board, upheld the Notice of Nuisance and Order to Abate dated October 3, 2014 for nuisance conditions at 10300 Rocky Creek Road, Lower Lake, CA, also known as Assessor’s Parcel Number 012-069-42, and authorized staff to abate the nuisance conditions on, or after January 30, 2015, if owner fails to make substantial progress toward completion of the abatement. All costs associated with this abatement case shall become a charge against the property. The motion carried by the following vote:
Clerk’s notes: Appellants Joshua Beaman and Anna Morgan were present and sworn in by the Clerk.
Community Development Director Rick Coel gave the staff report.
Mr. Beaman responded.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
8.1111:00 A.M. - Status Report, Direction to Staff and Consideration of Any Board Action Regarding Potential Landslide at Lakeside Heights as it relates to affecting Hill Road and access to the hospital.
Report
Staff memo
EXECUTIVE SUMMARY:
I would like to reserve time on the agenda to receive a report from staff regarding the status of a potential landslide at Lakeside Heights to cover the following issues:
1. Conditions of hillside material.
2. Any actions that can be taken to prevent the landslide.
3. Actions to address public safety concerns and ensure access to the hospital.
4. Any possible grants to address the safety concerns.
5. Consideration of Declaration of State of Emergency to facilitate immediate response in the event of road closure of Hill Road East due to the potential landslide.
..Recommended Action
RECOMMENDED ACTION:
I request the Board to consider any appropriate action to maintain Hill Road East as an entrance to the hospital.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Anthony Farrington, District 4 Supervisor
DATE: December 8, 2014
SUBJECT: Status Report, Direction to staff and consideration of any Board action regarding potential landslide at Lakeside Heights.
EXECUTIVE SUMMARY:
I would like to reserve time on the agenda to receive a report from staff regarding the status of a potential landslide at Lakeside Heights to cover the following issues:
1. Conditions of hillside material.
2. Any actions that can be taken to prevent the landslide.
3. Actions to address public safety concerns and ensure access to the hospital.
4. Any possible grants to address the safety concerns.
5. Consideration of Declaration of State of Emergency to facilitate immediate response in the event of road closure of Hill Road East due to the potential landslide.
..Recommended Action
RECOMMENDED ACTION:
I request the Board to consider any appropriate action to maintain Hill Road East as an entrance to the hospital.
There was Board consensus to direct staff to seek grant funds.
Clerk’s notes: This item was brought to the Board at the request of Supervisor Farrington. Public Works Director Scott De Leon presented the item. Emergency Services Manager Marisa Chilafoe and Community Development Director Richard Coel were also present and spoke.
8.1211:30 A.M. - Consideration of Agreement between the County of Lake and Lake Defense Services for the provision of Public Defender Services.
Agreement
Motion carried
Carried 5-0 — moved by Comstock
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Staff memo
EXECUTIVE SUMMARY:
As directed by your Board, staff, along with Supervisors Farrington and Brown, have negotiated a new agreement with Angela Carter, representing a new legal entity, Lake Defense, Inc. (LDI), to provide public defender services. The previous agreement with Lake Legal Defense Services was used as a basis for the new agreement with several revisions including the following:
1. Succession. In the event that Angela Carter, as president of the corporation, is unable to fulfill the duties to administer the program, a member of the corporation shall be authorized to act on the corporation's behalf.
2. Transparency. Upon request of the County Administrative Officer, sample sub-contracts and a summary accounting of LDI's expenses shall be provided.
3. Sub-contractor qualifications. The County retains the right to review the qualifications of any subcontract attorney or proposed subcontract attorney and retains sole discretion to reject or preclude any subcontract attorney from providing services pursuant to the Agreement.
4. Performance standards. The previous Agreement included several performance standards that are include in the new Agreement as well. Furthermore, the new Agreement includes the following: "Failure on the part of Contractor to monitor and take corrective action as to any subcontractor who repeatedly fails to make required court appearances, repeatedly relies upon other counsel to make court appearances on his/her behalf, and/or who repeatedly engages in unprofessional conduct shall be considered a material breach if this Agreement."
5. Death Penalty (Capital) cases. The previous agreement required the County to pay for a second attorney in the penalty phase of a capital case once the District Attorney declared he was seeking the death penalty. The rate of pay was $50 per hour for pre-trail work and $100 per hour while in trial. The new Agreement changes the activation of this clause to approval by the Superior Court and changes the rate of pay to $75 per hour for both for pre-trial work and in trial work.
6. Termination for Good Cause. The previous Agreement included several actions by Contractor which could trigger a material breach and lead to termination by the County. The new Agreements adds the following: "Unprofessional conduct which causes discredit to the County and/or discredit to the County's provision of legal services for indigent criminal defendants." Furthermore, the sub-contracts are now required to include the same grounds for termination.
7. Transition upon termination. The new Agreement includes the following provision: "During any period of time if this Agreement is terminated prior to the full and satisfactory completion of Contractor's performance under this Agreement, and prior to the effective date of an agreement with a successor contractor and/or the implementation of a new program for the provision of indigent criminal legal defense services, Contractor shall ensure that each and every subcontract it enters into for the provision of indigent legal defense services contains a provision whereby the subcontractor shall agree to cooperate fully with the County to effectuate an orderly transition of the provision of indigent criminal legal services."
8. Insurance. The insurance coverage has been increased from $300,000 to $1,000,000.
The new agreement provides for a continuation of the same level of services (i.e. eight attorneys to handle felonies, four attorneys to handle misdemeanors, two attorneys to handle juvenile delinquency cases and two investigators) and same level of conflict counsel (i.e. 7 levels for felonies and 6 levels for misdemeanors and juvenile cases)
The eighth felony attorney sub-contractor is still necessary to handle multiple defendant cases and to address cases arising from the passage of Proposition 47. The same amount of compensation of $86,375 per month is provided. The term of Agreement is through September 30, 2016.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board approve the "Indigent Criminal Legal Defense Services Agreement between the County of Lake and Lake Defense, Inc." and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Matt Perry, County Administrative Officer
DATE: December 11, 2014
SUBJECT: Consideration of Agreement with Lake Defense Inc. of Provide Public Defender Services
EXECUTIVE SUMMARY:
As directed by your Board, staff, along with Supervisors Farrington and Brown, have negotiated a new agreement with Angela Carter, representing a new legal entity, Lake Defense, Inc. (LDI), to provide public defender services. The previous agreement with Lake Legal Defense Services was used as a basis for the new agreement with several revisions including the following:
1. Succession. In the event that Angela Carter, as president of the corporation, is unable to fulfill the duties to administer the program, a member of the corporation shall be authorized to act on the corporation's behalf.
2. Transparency. Upon request of the County Administrative Officer, sample sub-contracts and a summary accounting of LDI's expenses shall be provided.
3. Sub-contractor qualifications. The County retains the right to review the qualifications of any subcontract attorney or proposed subcontract attorney and retains sole discretion to reject or preclude any subcontract attorney from providing services pursuant to the Agreement.
4. Performance standards. The previous Agreement included several performance standards that are include in the new Agreement as well. Furthermore, the new Agreement includes the following: "Failure on the part of Contractor to monitor and take corrective action as to any subcontractor who repeatedly fails to make required court appearances, repeatedly relies upon other counsel to make court appearances on his/her behalf, and/or who repeatedly engages in unprofessional conduct shall be considered a material breach if this Agreement."
5. Death Penalty (Capital) cases. The previous agreement required the County to pay for a second attorney in the penalty phase of a capital case once the District Attorney declared he was seeking the death penalty. The rate of pay was $50 per hour for pre-trail work and $100 per hour while in trial. The new Agreement changes the activation of this clause to approval by the Superior Court and changes the rate of pay to $75 per hour for both for pre-trial work and in trial work.
6. Termination for Good Cause. The previous Agreement included several actions by Contractor which could trigger a material breach and lead to termination by the County. The new Agreements adds the following: "Unprofessional conduct which causes discredit to the County and/or discredit to the County's provision of legal services for indigent criminal defendants." Furthermore, the sub-contracts are now required to include the same grounds for termination.
7. Transition upon termination. The new Agreement includes the following provision: "During any period of time if this Agreement is terminated prior to the full and satisfactory completion of Contractor's performance under this Agreement, and prior to the effective date of an agreement with a successor contractor and/or the implementation of a new program for the provision of indigent criminal legal defense services, Contractor shall ensure that each and every subcontract it enters into for the provision of indigent legal defense services contains a provision whereby the subcontractor shall agree to cooperate fully with the County to effectuate an orderly transition of the provision of indigent criminal legal services."
8. Insurance. The insurance coverage has been increased from $300,000 to $1,000,000.
The new agreement provides for a continuation of the same level of services (i.e. eight attorneys to handle felonies, four attorneys to handle misdemeanors, two attorneys to handle juvenile delinquency cases and two investigators) and same level of conflict counsel (i.e. 7 levels for felonies and 6 levels for misdemeanors and juvenile cases)
The eighth felony attorney sub-contractor is still necessary to handle multiple defendant cases and to address cases arising from the passage of Proposition 47. The same amount of compensation of $86,375 per month is provided. The term of Agreement is through September 30, 2016.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board approve the "Indigent Criminal Legal Defense Services Agreement between the County of Lake and Lake Defense, Inc." and authorize the Chair to sign.
On motion of Supervisor Comstock, and by vote of the Board, approved the agreement as amended between the County of Lake and Lake Defense Services for the provision of Public Defender Services. The motion carried by the following vote:
Ayes- Supervisors: 5 - Comstock, Smith, Farrington, Brown and Rushing
Clerk’s notes: County Administrative Officer Matt Perry presented the item to the Board. Angela Carter of Lake Defense, Inc. requested clarification surrounding indemnification of subcontractors. County Counsel Anita Grant pointed out the areas in the contract that addressed her concerns and suggested a slight wording change in the area of the contractor involving the insurance of subcontractors (second paragraph of section 7 on page 22) as well as clarification on good cause on page 20.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
9. Non-Timed Items
9.1Supervisors’ weekly calendar, travel and reports
9.2Consideration of Memorandum of Understanding between the County of Lake and the Lake County Correctional Officers' Association for Calendar Years 2014-2015.
Action Item
Adopted — Pass
Staff memo
EXECUTIVE SUMMARY:
Presented for approval by your Board is a Memorandum of Understanding by and between the Lake County Correctional Officers Association (LCCOA) and the County of Lake for calendar years 2014-2015. Based on the Board's overall priorities of maintaining a balanced budget, maintaining existing service levels, and not reducing employee benefits, the County was able to reach an agreement with the LCCOA. Based upon current and near future economic indicators, the County is not able to afford a cost of living increase. Nevertheless, the Board has committed one-time funding to partially offset rising employee health care costs with a healthcare stipend for each year of the MOU. The agreement covers the 2014-2015 calendar years. The specific changes and additions to the MOU, which have been previously approved by the Board and negotiated with LCCOA, are listed below:
1) The County to provide a $1,000 annual healthcare stipend for each year of the agreement for a total of $2,000. The first $1,000 to be paid within 90 days of the executed agreement and the second payment to be paid between July 1, 2015 and September 1, 2015.
2) Employees with the rank of Correctional Officer I, II, and Correctional Sergeant shall receive a uniform/equipment of $100 per month for a total of $1,200 per year. Correctional Aides shall continue to receive $600 per year as a uniform allowance. The County will no longer provide new equipment under the employee list below upon ratification of the MOU and eligible employees will begin providing their own equipment on the following list within one-year, pursuant to minimum standards established by the Sheriff:
Items provided by County: Items provided by Employee:
1. Chemical agents/Pepper spray 1. Class A & B uniforms
2. Batons 2. Winter Coat
3. Handcuffs 3. Key Holder
4. Patches 3. Standard Gun Holster
5. Body Armor 4. Magazine and/or Speed Loader Case
6. Standard Duty Weapon 5. Baton Holder
7. Stab Vest 6. Handcuff case
8. Radio 7. Rain gear
9. Taser 8. Duty Belt, Inner Belt, Belt Keepers
10. Cut down knife 9. Cut-down Knife Holder
11. Badge 10. Pepper Spray Holder
12. ID Card 11. Handcuff Case
13. Flashlight 12. Flashlight Holder
13. Guard one Holder
14. Glove Holder
3) Newly hired employees shall receive the entire first year's annual uniform/equipment allowance of $1,600 upon appointment. Employees that fail to complete their first year will have to reimburse the County on a pro-rated basis.
4) Two year agreement through December 31, 2015.
5) Removal of the Me Too Clauses.
6) Codify the current manner of bidding for shifts/overtime, which is seniority based.
7) The Communication Operator Trainer shall receive a 2.5% increase to base pay for the term of the assignment. The number of Communication Operator Trainers shall be limited to no more than two (2) at any one time.
8) The LCCOA will provide all safety personnel that honorably retire a retirement identification badge and a flat badge within sixty (60) days of retirement.
9) Within sixty (60) days after the ratification and adoption of the MOU, the County and LCCOA shall meet and confer on the implementation of an "On Duty Fitness Program".
10) The MOU, for each year of the agreement, includes 16 hours of Personal Leave time for employees in lieu of a Cost of Living Adjustment.
11) The MOU to include and clarify that employees may transfer both Comp Time (pursuant to the existing MOU) and Vacation Time (pursuant to existing County Policy) to another employee for emergency leave.
12) Provide an additional $5.00 per shift to an employee when assigned as the Lead Communications Operator, which is consistent with the recommendations of the Classification and Compensation Committee.
13) Correctional Sergeants shall receive up to 40 hours of cash in lieu of sick leave hours in any one fiscal year for those hours accrued over 500.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board adopt the attached resolution to adopt the Memorandum of Understanding and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Christopher Shaver, Deputy Administrative Officer
Alan D. Flora, Deputy Administrative Officer
Shanda Harry, Deputy County Counsel
DATE: December 11, 2014
SUBJECT: Memorandum of Understanding with the Lake County Correctional Officers Association and the County of Lake for Calendar Years 2014-2015
EXECUTIVE SUMMARY:
Presented for approval by your Board is a Memorandum of Understanding by and between the Lake County Correctional Officers Association (LCCOA) and the County of Lake for calendar years 2014-2015. Based on the Board's overall priorities of maintaining a balanced budget, maintaining existing service levels, and not reducing employee benefits, the County was able to reach an agreement with the LCCOA. Based upon current and near future economic indicators, the County is not able to afford a cost of living increase. Nevertheless, the Board has committed one-time funding to partially offset rising employee health care costs with a healthcare stipend for each year of the MOU. The agreement covers the 2014-2015 calendar years. The specific changes and additions to the MOU, which have been previously approved by the Board and negotiated with LCCOA, are listed below:
1) The County to provide a $1,000 annual healthcare stipend for each year of the agreement for a total of $2,000. The first $1,000 to be paid within 90 days of the executed agreement and the second payment to be paid between July 1, 2015 and September 1, 2015.
2) Employees with the rank of Correctional Officer I, II, and Correctional Sergeant shall receive a uniform/equipment of $100 per month for a total of $1,200 per year. Correctional Aides shall continue to receive $600 per year as a uniform allowance. The County will no longer provide new equipment under the employee list below upon ratification of the MOU and eligible employees will begin providing their own equipment on the following list within one-year, pursuant to minimum standards established by the Sheriff:
Items provided by County: Items provided by Employee:
1. Chemical agents/Pepper spray 1. Class A & B uniforms
2. Batons 2. Winter Coat
3. Handcuffs 3. Key Holder
4. Patches 3. Standard Gun Holster
5. Body Armor 4. Magazine and/or Speed Loader Case
6. Standard Duty Weapon 5. Baton Holder
7. Stab Vest 6. Handcuff case
8. Radio 7. Rain gear
9. Taser 8. Duty Belt, Inner Belt, Belt Keepers
10. Cut down knife 9. Cut-down Knife Holder
11. Badge 10. Pepper Spray Holder
12. ID Card 11. Handcuff Case
13. Flashlight 12. Flashlight Holder
13. Guard one Holder
14. Glove Holder
3) Newly hired employees shall receive the entire first year's annual uniform/equipment allowance of $1,600 upon appointment. Employees that fail to complete their first year will have to reimburse the County on a pro-rated basis.
4) Two year agreement through December 31, 2015.
5) Removal of the Me Too Clauses.
6) Codify the current manner of bidding for shifts/overtime, which is seniority based.
7) The Communication Operator Trainer shall receive a 2.5% increase to base pay for the term of the assignment. The number of Communication Operator Trainers shall be limited to no more than two (2) at any one time.
8) The LCCOA will provide all safety personnel that honorably retire a retirement identification badge and a flat badge within sixty (60) days of retirement.
9) Within sixty (60) days after the ratification and adoption of the MOU, the County and LCCOA shall meet and confer on the implementation of an "On Duty Fitness Program".
10) The MOU, for each year of the agreement, includes 16 hours of Personal Leave time for employees in lieu of a Cost of Living Adjustment.
11) The MOU to include and clarify that employees may transfer both Comp Time (pursuant to the existing MOU) and Vacation Time (pursuant to existing County Policy) to another employee for emergency leave.
12) Provide an additional $5.00 per shift to an employee when assigned as the Lead Communications Operator, which is consistent with the recommendations of the Classification and Compensation Committee.
13) Correctional Sergeants shall receive up to 40 hours of cash in lieu of sick leave hours in any one fiscal year for those hours accrued over 500.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board adopt the attached resolution to adopt the Memorandum of Understanding and authorize the Chair to sign.
RECOMMENDED ACTION:
Staff recommends your Board adopt the attached resolution to adopt the Memorandum of Understanding and authorize the Chair to sign.
Clerk’s notes: Deputy County Administrative Officer Alan Flora presented the item to the Board.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
9.3Consideration of Memorandum of Understanding between the County of Lake and the Lake County Safety Employees' Association from July 1, 2013 to December 31, 2015.
Action Item
Adopted — Pass
Staff memo
1) Agreement covers July 1, 2013 through December 31, 2015 and will be based on calendar year.
2) No inclusion of the "Me Too" Clauses within the MOU.
3) Healthcare stipend of $1,000 provided annually for all members, pro-rated for half of calendar year 2013, and full amount for calendar years 2014 and 2015, for a total of $2,500 per employee. Payments to be made in two increments, first within 90 days of execution of the MOU ($1,500), and the final payment of $1,000 by September 1, 2015.
4) Range Master incentive pay of $1,500 per year.
5) Personal Leave days of 16 hours per year, in lieu of a COLA, for a total of 40 hours available during the term of the MOU. (2.5 years x 16 hours = 40 hours)
6) Advanced Training differential of 2.5% to base pay that is determined on a point system.
7) Increase the Comp Time accrual limit to 200 hours.
8) County shall provide proper fitting body armor, ballistic vests and stab vests for JCOs, with the inclusion of a mandated wear policy.
9) An employee at Juvenile Hall assigned as a Facilities Training Officer, shall receive an additional 2.5% of his/her base pay during the term of such assignment. The Chief shall determine the number of FTO's at any one time.
10) An employee assigned as a Field Training Officer, shall receive an additional 2.5% during the term of the assignment. The Chief shall determine the number of FTO's at any one time.
11) When an employee is certified bilingual, in a language determined necessary by the Chief Probation Officer, an employee shall receive an additional 2.5% of his/her base pay for all hours worked.
12) A twelve step (seven steps added to existing five steps) salary schedule with step advancement based on merit, rather than only time in service, and elimination of longevity steps.
13) Sign up for shifts by Juvenile Correctional Officers shall be based on seniority with the inclusion of a provision that maintains management rights.
14) When an employee has submitted a written request for time off 30-days in advance, a response shall be provided within seven (7) days, and if approved, said time off shall only be rescinded to meet unanticipated departmental needs of an emergency nature.
15) Employees who are called back to work shall be credited with a minimum of four (4) hours at time and a half.
16) Supervisors shall call employees back based on seniority in classification.
17) In the event an employee is denied two requests to take a vacation within a calendar year, the employee shall be allowed to carry-over accrued vacation in excess of the maximum allowed.
18) The County and LCSEA to meet and discuss an agreement on an appropriate fitness program. This will be done during the term of this agreement.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board adopt the attached resolution to adopt the Memorandum of Understanding and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Christopher Shaver, Deputy Administrative Officer
Alan D. Flora, Deputy Administrative Officer
Shanda Harry, Deputy County Counsel
DATE: December 11, 2014
SUBJECT: Memorandum of Understanding with Lake County Safety Employees Association and the County of Lake from July 1, 2013 to December 31, 2015
EXECUTIVE SUMMARY:
Presented for approval by your Board is a Memorandum of Understanding by and between the Lake County Safety Employees Association (LCSEA) and the County of Lake from July 1, 2013 through December 31, 2015. This is the initial MOU for the LCSEA as the employees in this Unit were formerly part of the Lake County Employees Association; and, the County was able to reach agreement with the LCSEA based on the Board's overall priorities of maintaining a balanced budget, maintaining existing service levels, and not reducing employee benefits. It should also be noted that upon adoption of an ordinance by the Board of Supervisors the classifications of Welfare Fraud Investigators will also be part of this Unit. They are currently in the Deputy Sheriffs Association. At this point in time, based on current and near future economic indicators, the County is not able to afford a cost of living increase. Nevertheless, the Board has committed one-time funding to partially offset rising employee healthcare costs with a healthcare stipend for each year of the MOU. The agreement covers from July 1, 2013 to December 31, 2015 and is based upon calendar years. The specific changes and additions to the MOU, which have been previously approved by the Board and negotiated with LCSEA, are listed below:
1) Agreement covers July 1, 2013 through December 31, 2015 and will be based on calendar year.
2) No inclusion of the "Me Too" Clauses within the MOU.
3) Healthcare stipend of $1,000 provided annually for all members, pro-rated for half of calendar year 2013, and full amount for calendar years 2014 and 2015, for a total of $2,500 per employee. Payments to be made in two increments, first within 90 days of execution of the MOU ($1,500), and the final payment of $1,000 by September 1, 2015.
4) Range Master incentive pay of $1,500 per year.
5) Personal Leave days of 16 hours per year, in lieu of a COLA, for a total of 40 hours available during the term of the MOU. (2.5 years x 16 hours = 40 hours)
6) Advanced Training differential of 2.5% to base pay that is determined on a point system.
7) Increase the Comp Time accrual limit to 200 hours.
8) County shall provide proper fitting body armor, ballistic vests and stab vests for JCOs, with the inclusion of a mandated wear policy.
9) An employee at Juvenile Hall assigned as a Facilities Training Officer, shall receive an additional 2.5% of his/her base pay during the term of such assignment. The Chief shall determine the number of FTO's at any one time.
10) An employee assigned as a Field Training Officer, shall receive an additional 2.5% during the term of the assignment. The Chief shall determine the number of FTO's at any one time.
11) When an employee is certified bilingual, in a language determined necessary by the Chief Probation Officer, an employee shall receive an additional 2.5% of his/her base pay for all hours worked.
12) A twelve step (seven steps added to existing five steps) salary schedule with step advancement based on merit, rather than only time in service, and elimination of longevity steps.
13) Sign up for shifts by Juvenile Correctional Officers shall be based on seniority with the inclusion of a provision that maintains management rights.
14) When an employee has submitted a written request for time off 30-days in advance, a response shall be provided within seven (7) days, and if approved, said time off shall only be rescinded to meet unanticipated departmental needs of an emergency nature.
15) Employees who are called back to work shall be credited with a minimum of four (4) hours at time and a half.
16) Supervisors shall call employees back based on seniority in classification.
17) In the event an employee is denied two requests to take a vacation within a calendar year, the employee shall be allowed to carry-over accrued vacation in excess of the maximum allowed.
18) The County and LCSEA to meet and discuss an agreement on an appropriate fitness program. This will be done during the term of this agreement.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board adopt the attached resolution to adopt the Memorandum of Understanding and authorize the Chair to sign.
Supervisor Farrington offered the Resolution and it was passed by roll call vote:
Clerk’s notes: Deputy County Administrative Officer Alan Flora presented the item to the Board.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
9.4Ratification of Director of Emergency Services declaration of a local emergency due to the winter storm.
Resolution
Staff memo
EXECUTIVE SUMMARY:
Heavy rains throughout the night of December 10 and into the morning of December 11 caused flooding and road closures throughout Lake County. This prompted activation of the Emergency Operations Center at 7:00 am on December 11. As Director of Emergency Services, I signed the attached proclamation declaring a local emergency on December 11, 2014 at 9:45 am.
This action is authorized pursuant to Lake County Code Section 6-5.1. This Code Section also requires your Board to ratify my action within 7 days.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board ratify the proclamation declaring a local emergency due to winter storm on December 11.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Matt Perry, County Administrative Officer
DATE: December 12, 2014
SUBJECT: Ratification of Proclamation Declaring a Local Emergency Due to the Winter Storm
EXECUTIVE SUMMARY:
Heavy rains throughout the night of December 10 and into the morning of December 11 caused flooding and road closures throughout Lake County. This prompted activation of the Emergency Operations Center at 7:00 am on December 11. As Director of Emergency Services, I signed the attached proclamation declaring a local emergency on December 11, 2014 at 9:45 am.
This action is authorized pursuant to Lake County Code Section 6-5.1. This Code Section also requires your Board to ratify my action within 7 days.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board ratify the proclamation declaring a local emergency due to winter storm on December 11.
Supervisor Comstock offered the Resolution and it was passed by roll call vote:
Ayes- Supervisors: 5 - Comstock, SMith, Farrington, Brown and Rushing
Clerk’s notes: Emergency Services Manager Marisa Chilafoe presented the item to the Board.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
9.5Consideration of Continuing the Proclamation of Emergency Declaration for Drought Conditions.
Proclamation
Motion carried
Carried 5-0 — moved by Comstock
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Staff memo
EXECUTIVE SUMMARY:
On March 4, 2014, your board proclaimed a state of local emergency due to ongoing drought conditions, and has extended the proclamation eight times since. Pursuant to State law, your Board is required to review the status of the declared emergency every 30 days.
As your board is aware, the severity of this year's drought became apparent as our community water systems, private wells and natural resources struggled to maintain adequate water supply, was complicated by the extreme effects of the lake's algae, and the County saw impacts to local agriculture. Though our current conditions have improved with recent rains, there is much work to be done to prepare for another drought year impacting Lake County.
To support this effort, the ad hoc Drought Task Force formed by the Lake County Office of Emergency Services ("Lake OES"), which met four times over the summer, will meet again in January to begin planning outreach and conservation efforts for the coming year, as well as to closely monitor conditions, and coordinate the County's response efforts if necessary, engaging local water purveyors, State, Tribal and local officials in identifying solutions.
In addition, we would like to provide your Board with the following additional updates:
� The Governor's Office of Emergency Services ("Cal OES") continues to conduct bi-weekly drought conference calls in order to monitor conditions statewide and assist local government with solutions and potential funding sources.
� The State Water Resources Control Board ("SWRCB") has passed State-wide conservation regulations for Rural Water Suppliers which remain in effect until April 2015.
� The SWRCB, Drinking Water Program has been actively supporting community water systems with information and solutions for maintaining systems, and participating in the local Drought Task Force.
� Though local water rights curtailments have been lifted, the compliance order issued for the Hidden Valley Lake Community Service District ("CSD") remains in place until the CSD can address its junior water rights. Lake OES continues to work with Hidden Valley Lake CSD, the SWRCB and Cal OES regarding the systems status.
� The Burn Ban for Lake County was lifted on December 1st, with Cal Fire also officially ending fire hazard season.
� State and local law enforcement agencies and code enforcement continue to deal with water theft and abuse county-wide.
� Lake County Environmental Health will take the lead on collecting private residential dry-well reporting, through a voluntary survey provided by the State.
� Winter weather forecasts indicate below average conditions. Even with normal precipitation and snow pack levels (which is not anticipated), conditions will not fully recharge reservoir, well and lake levels for the following summer. Thus, we must prepare for another drought year in 2015.
Given the circumstances, the County continues to seek State or Federal assistance for impacted systems as drought conditions persist and weather forecasts predict continued drought conditions. Therefore, continuing the declaration of an emergency and maintaining a proactive approach to drought response is critical for area water purveyors in maintaining the health and safety of their customers - Lake County residents and tourists - and protecting our local economy. Continuing the declaration of an emergency is also required to allow the County to seek funding specifically designated for drought relief purposes, and other assistance that might be required.
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):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board extend the Proclamation of a Declaration of a Local Emergency due to drought conditions.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Marisa Chilafoe, Emergency Services Manager
DATE: December 8, 2014
SUBJECT: Continuing the Proclamation of Emergency Declaration for Drought Conditions
EXECUTIVE SUMMARY:
On March 4, 2014, your board proclaimed a state of local emergency due to ongoing drought conditions, and has extended the proclamation eight times since. Pursuant to State law, your Board is required to review the status of the declared emergency every 30 days.
As your board is aware, the severity of this year's drought became apparent as our community water systems, private wells and natural resources struggled to maintain adequate water supply, was complicated by the extreme effects of the lake's algae, and the County saw impacts to local agriculture. Though our current conditions have improved with recent rains, there is much work to be done to prepare for another drought year impacting Lake County.
To support this effort, the ad hoc Drought Task Force formed by the Lake County Office of Emergency Services ("Lake OES"), which met four times over the summer, will meet again in January to begin planning outreach and conservation efforts for the coming year, as well as to closely monitor conditions, and coordinate the County's response efforts if necessary, engaging local water purveyors, State, Tribal and local officials in identifying solutions.
In addition, we would like to provide your Board with the following additional updates:
� The Governor's Office of Emergency Services ("Cal OES") continues to conduct bi-weekly drought conference calls in order to monitor conditions statewide and assist local government with solutions and potential funding sources.
� The State Water Resources Control Board ("SWRCB") has passed State-wide conservation regulations for Rural Water Suppliers which remain in effect until April 2015.
� The SWRCB, Drinking Water Program has been actively supporting community water systems with information and solutions for maintaining systems, and participating in the local Drought Task Force.
� Though local water rights curtailments have been lifted, the compliance order issued for the Hidden Valley Lake Community Service District ("CSD") remains in place until the CSD can address its junior water rights. Lake OES continues to work with Hidden Valley Lake CSD, the SWRCB and Cal OES regarding the systems status.
� The Burn Ban for Lake County was lifted on December 1st, with Cal Fire also officially ending fire hazard season.
� State and local law enforcement agencies and code enforcement continue to deal with water theft and abuse county-wide.
� Lake County Environmental Health will take the lead on collecting private residential dry-well reporting, through a voluntary survey provided by the State.
� Winter weather forecasts indicate below average conditions. Even with normal precipitation and snow pack levels (which is not anticipated), conditions will not fully recharge reservoir, well and lake levels for the following summer. Thus, we must prepare for another drought year in 2015.
Given the circumstances, the County continues to seek State or Federal assistance for impacted systems as drought conditions persist and weather forecasts predict continued drought conditions. Therefore, continuing the declaration of an emergency and maintaining a proactive approach to drought response is critical for area water purveyors in maintaining the health and safety of their customers - Lake County residents and tourists - and protecting our local economy. Continuing the declaration of an emergency is also required to allow the County to seek funding specifically designated for drought relief purposes, and other assistance that might be required.
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):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board extend the Proclamation of a Declaration of a Local Emergency due to drought conditions.
On motion of Supervisor Comstock and by vote of the Board, extended the proclamation of declaration of local emergency due to drought conditions. The motion carried by the following vote:
Ayes- Supervisors: 5 - Comstock, Smith, Farrington, Brown and Rushing
Clerk’s notes: Emergency Services Manager Marisa Chilafoe presented the item to the Board.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
9.6Consideration of Extension of “Fee Waiver and Deferral Policy for Economic Development Projects” through June 30, 2015.
Action Item
Motion carried
Carried 4-1 — moved by Comstock
Brown: aye Comstock: aye Farrington: aye Rushing: nay Smith: aye
Brown: aye Comstock: aye Farrington: aye Rushing: nay Smith: aye
Staff memo
EXECUTIVE SUMMARY:
As your Board will recall, in December 2011 your Board adopted a policy of temporary fee waivers and deferrals designed to help promote the creation, survival, and expansion of local businesses by providing upfront cost savings for projects that meet certain job creation, job retention, and/or tax generating criteria. Each subsequent year, your Board extended the policy for another year.
Since Lake County is still recovering from the Great Recession, with an unemployment rate of over 8%, staff recommends your Board approve the extension of this policy through June 30, 2015. Rick Coel, Community Development Director, has other proposals that he would like to present to the Board. Extending the policy for 6 months will allow time for the ad-hoc permitting policy committee, which includes Mr. Coel, Supervisors Brown and Comstock, and I to meet and evaluate the current policy and develop any alternatives.
In calendar year 2014, a total of $8,003 in fees was waived for 5 applications. While the planning fees for large projects are not significant when considering the total cost of the project, it is one incentive the County can offer, continuing to send the message that Lake County encourages economic investment.
The FY 2014/15 Adopted Budget includes the use of prior year carry over monies to offset any potential loss of revenue that may result from continuing this fee waiver policy.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board, sitting concurrently as the Lake County Sanitation District Board of Directors, approve the extension of the "Fee Waiver and Deferral Policy for Economic Development Projects," through June 30, 2015.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Matt Perry, County Administrative Officer
DATE: December 8, 2014
SUBJECT: Consideration of Extension of "Fee Waiver and Deferral Policy for Economic Development Projects" through June 30, 2015
EXECUTIVE SUMMARY:
As your Board will recall, in December 2011 your Board adopted a policy of temporary fee waivers and deferrals designed to help promote the creation, survival, and expansion of local businesses by providing upfront cost savings for projects that meet certain job creation, job retention, and/or tax generating criteria. Each subsequent year, your Board extended the policy for another year.
Since Lake County is still recovering from the Great Recession, with an unemployment rate of over 8%, staff recommends your Board approve the extension of this policy through June 30, 2015. Rick Coel, Community Development Director, has other proposals that he would like to present to the Board. Extending the policy for 6 months will allow time for the ad-hoc permitting policy committee, which includes Mr. Coel, Supervisors Brown and Comstock, and I to meet and evaluate the current policy and develop any alternatives.
In calendar year 2014, a total of $8,003 in fees was waived for 5 applications. While the planning fees for large projects are not significant when considering the total cost of the project, it is one incentive the County can offer, continuing to send the message that Lake County encourages economic investment.
The FY 2014/15 Adopted Budget includes the use of prior year carry over monies to offset any potential loss of revenue that may result from continuing this fee waiver policy.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board, sitting concurrently as the Lake County Sanitation District Board of Directors, approve the extension of the "Fee Waiver and Deferral Policy for Economic Development Projects," through June 30, 2015.
On motion of Supervisor Comstock, and by vote of the Board, approved the extension of "Fee Waiver and Deferral Policy for Economic Development Projects" through June 30, 2015. The motion carried by the following vote:
Ayes- Supervisors:4 - Comstock, Smith, Farrington and Brown
Nayes- Supervisors:1 - Rushing
Clerk’s notes: County Administrative Officer Matt Perry presented the item to the Board.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
9.7Consideration of Approval and First Reading of an Ordinance Revising County Code Chapter 14, Article II, Division 2, Section 14-56.3
Report
Motion carried
Carried 5-0 — moved by Smith
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Staff memo
EXECUTIVE SUMMARY:
Background
In January 2014 a petition was submitted requesting that the Lake County Board of Supervisors move the classifications of Welfare Fraud Investigator and Supervising Welfare Fraud Investigator from the Lake County Deputy Sheriff Association (LCDSA) into the Lake County Safety Employees Association (LCSEA).
The Employee Relations Officer determined that the petition was filed in accordance with all of the provisions of Chapter 14 of the Lake County Code of Ordinances, that the petition had merit, and that the Employee Relations Officer would bring to your Board a request to amend County Code Chapter 14, Article II, Division 2, Section 14-56.3 item (i) to achieve this change.
Justification
The nature of peace officer powers in 830.35 is more closely aligned to those of Probation Officers and other Safety positions than it is to peace officers described by 830.1.
Additionally, this change has the support of both the LCSEA and the LCDSA.
Timing
This matter has taken longer than anticipated to bring to your Board as a result of prior adjustments that had been made in the LCDSA unit to CalPERS contributions and salary. Before the Employee Relations Officer could support the movement of these classifications, she wanted to ensure that if the change is made by your Board that both the LCDSA and LCSEA understood that the Welfare Fraud Investigators and Supervising Welfare Fraud Investigators would transfer into the new unit:
1) with their current salary
2) with their current contribution to CalPERS even if this contribution differs from the contribution for other classifications within LCSEA
and that the salary and CalPERS contributions would be in force until and unless another agreement for salary and/or CalPERS contribution is negotiated specifically for these classifications.
The Employee Relations Officer now has information from County Counsel that those assurances have been obtained in writing from both the LCDSA and the LCSEA.
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):
..Recommended Action
RECOMMENDED ACTION:
The Employee Relations Officer recommends that your Board approve the first reading of the ordinance amending County Code Chapter 14, Article II, Division 2, Section 14-56.3, item (i) and schedule the second reading of the ordinance for the January 6, 2015 Board of Supervisors meeting agenda.
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Board of Supervisors
FROM: Kathy Ferguson
Employee Relations Officer/Human Resources Director
DATE: December 12, 2014
SUBJECT: Consideration of Approval and First Reading of an Ordinance Revising County Code Chapter 14, Article II, Division 2, Section 14-56.3
cc: Teddi Walker, LCSEA; Mike Minton, OE3; John Drewrey, LCDSA
EXECUTIVE SUMMARY:
Background
In January 2014 a petition was submitted requesting that the Lake County Board of Supervisors move the classifications of Welfare Fraud Investigator and Supervising Welfare Fraud Investigator from the Lake County Deputy Sheriff Association (LCDSA) into the Lake County Safety Employees Association (LCSEA).
The Employee Relations Officer determined that the petition was filed in accordance with all of the provisions of Chapter 14 of the Lake County Code of Ordinances, that the petition had merit, and that the Employee Relations Officer would bring to your Board a request to amend County Code Chapter 14, Article II, Division 2, Section 14-56.3 item (i) to achieve this change.
Justification
The nature of peace officer powers in 830.35 is more closely aligned to those of Probation Officers and other Safety positions than it is to peace officers described by 830.1.
Additionally, this change has the support of both the LCSEA and the LCDSA.
Timing
This matter has taken longer than anticipated to bring to your Board as a result of prior adjustments that had been made in the LCDSA unit to CalPERS contributions and salary. Before the Employee Relations Officer could support the movement of these classifications, she wanted to ensure that if the change is made by your Board that both the LCDSA and LCSEA understood that the Welfare Fraud Investigators and Supervising Welfare Fraud Investigators would transfer into the new unit:
1) with their current salary
2) with their current contribution to CalPERS even if this contribution differs from the contribution for other classifications within LCSEA
and that the salary and CalPERS contributions would be in force until and unless another agreement for salary and/or CalPERS contribution is negotiated specifically for these classifications.
The Employee Relations Officer now has information from County Counsel that those assurances have been obtained in writing from both the LCDSA and the LCSEA.
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):
..Recommended Action
RECOMMENDED ACTION:
The Employee Relations Officer recommends that your Board approve the first reading of the ordinance amending County Code Chapter 14, Article II, Division 2, Section 14-56.3, item (i) and schedule the second reading of the ordinance for the January 6, 2015 Board of Supervisors meeting agenda.
On motion of Supervisor Smith, and by vote of the Board (5 ayes). waived the reading of the ordinance having it read in title only, Clerk did so.
On motion of Supervisor Smith, and by vote of the Board, advanced the ordinance to January 6, 2015. The motion carried by the following vote:
Ayes- Supervisors: 5 - Comstock, Smith, Farrington, Brown and Rushing
Clerk’s notes: Human Resources Director Kathy Ferguson presented the item to the Board.
Chair Rushing asked if anyone present wished to speak on this item. No one present wished to speak and the public input portion of this item was closed.
9.8Consideration of a Resolution amending Resolution No. 2014-112 establishing position allocations for Fiscal Year 2014-2015, Budget Unit No. 5321, Veteran Services Office.
Resolution
Staff memo
EXECUTIVE SUMMARY:
The Veteran Services Office currently has one time Subvention funding to support a request to add one Veteran Services Representative I/II. This allocation will be in place until the one-time funding for this allocation is exhausted.
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: Recommended Board Action:
Your Board's approval is requested and recommended for the following:
1. Approve the request to add one Veteran Services Representative I/II until the one time funding is exhausted.
Thank you for your continued support.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Jim Brown, Health Services Director
DATE: December 2, 2014
SUBJECT: Resolution Amending Resolution No. 2014-112 Establishing Position Allocations for Fiscal Year 2014-2015,
Budget Unit No. 5321, Veteran Services Office
EXECUTIVE SUMMARY:
The Veteran Services Office currently has one time Subvention funding to support a request to add one Veteran Services Representative I/II. This allocation will be in place until the one-time funding for this allocation is exhausted.
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: Recommended Board Action:
Your Board's approval is requested and recommended for the following:
1. Approve the request to add one Veteran Services Representative I/II until the one time funding is exhausted.
Thank you for your continued support.
Supervisor Comstock offered the Resolution, and it was passed by roll call vote:
Ayes- Supervisors: 5 - Comstock, Smith, Farrignton, Brown and Rushing
Clerk’s notes: County Administrative Officer Matt Perry presented the item to the Board.
Chair Rushing asked if anyone present wished to speak on this item. No one present wished to speak and the public input portion of this item was closed.
9.9Consideration of Resolution order approving final parcel map and the signing of the final parcel map (Martinez PM 14-01).
Action Item
Adopted — Pass
Staff memo
EXECUTIVE SUMMARY:
The subject Final Parcel Map is being presented to the Board of Supervisors for acceptance and approval. This Parcel Map consists of two (2) parcels, the areas being 77.39 and 60.91 acres in size. The property is located along Highway 20 approximately 2 miles east of the Highway 20 and Hwy 53 intersection. The current Assessor's Parcel No. is 006-012-85. The address is 17575 E. State Highway 20, Clearlake Oaks.
The accompanying resolution will approve and accept subject Final Parcel Map, and will also accept the irrevocable offers of dedication, as shown on said map as follows:
1) A 1 foot wide non-access strip as shown.
2) A public roadway and public utility easement shown as Jesus Court. Jesus Court will not be accepted into the County maintained road system, but will be privately maintained.
Water to these newly created parcels will be provided by private individual wells and sewage disposal will be by private septic system
..Recommended Action
RECOMMENDED ACTION:
Your favorable consideration of this resolution will facilitate the final action of subject Parcel Map prior to recording.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: December 3, 2014
SUBJECT: Consideration of Final Parcel Map - Martinez
EXECUTIVE SUMMARY:
The subject Final Parcel Map is being presented to the Board of Supervisors for acceptance and approval. This Parcel Map consists of two (2) parcels, the areas being 77.39 and 60.91 acres in size. The property is located along Highway 20 approximately 2 miles east of the Highway 20 and Hwy 53 intersection. The current Assessor's Parcel No. is 006-012-85. The address is 17575 E. State Highway 20, Clearlake Oaks.
The accompanying resolution will approve and accept subject Final Parcel Map, and will also accept the irrevocable offers of dedication, as shown on said map as follows:
1) A 1 foot wide non-access strip as shown.
2) A public roadway and public utility easement shown as Jesus Court. Jesus Court will not be accepted into the County maintained road system, but will be privately maintained.
Water to these newly created parcels will be provided by private individual wells and sewage disposal will be by private septic system
..Recommended Action
RECOMMENDED ACTION:
Your favorable consideration of this resolution will facilitate the final action of subject Parcel Map prior to recording.
Supervisor Farrington offered the Resolution and it was passed by roll call vote:
Clerk’s notes: County Surveyor Gordon Haggitt presented the item to the Board.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
9.10Consideration of proposal to lift Urgency Ordinance for CSA #6, Finley Water System
Report
Motion carried
Carried 5-0 — moved by Farrington
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Staff memo
EXECUTIVE SUMMARY:
On July 22, 2014 Finley Water System, County Service Area #6 (CSA #6) was placed under an urgency ordinance for mandatory water conservation. The source of water for CSA #6 is Kelseyville County Waterworks, District #3. The urgency ordinance was initiated when well levels began to drop and water use was escalating. In July, critically low water table levels were threatening the water wells. To protect the water system from not being able to supply the community with minimum drinking water needs, and to comply with a State mandate to reduce water consumption by 20%, the urgency ordinance (Ordinance #3010) was implemented.
Although the drought is not over, temperatures and consumption levels have dropped. Analysis of the production, consumption and condition of the wells indicates that the urgency ordinance with surcharges is not necessary at this time.
CSA #6 will remain in stage 1 of the Drought Management Plan. Stage 1, calls for voluntary conservation, and the production and consumption will continue to be monitored closely.
If at any time it appears that there may be a threat to the water system's ability to provide minimum drinking water needs to the community we will return to your Board with a new urgency ordinance.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
Not applicable
STAFFING IMPACT (if applicable):
Not applicable
..Recommended Action
RECOMMENDED ACTION:
We are requesting your Board make a declaration that the conditions requiring Finley Water System, CSA #6 no longer exist and move the water district from Stage 4 of the Drought Management Plan, to Stage 1. By making this declaration Urgency Ordinance #3010 will terminate and no longer be in effect.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Mark Dellinger, Administrator
Jan Coppinger, Compliance Coordinator
DATE: December 16, 2014
SUBJECT: Consideration of Proposal to Lift Urgency Ordinance for County Service Area #6, Finley Water
EXECUTIVE SUMMARY:
On July 22, 2014 Finley Water System, County Service Area #6 (CSA #6) was placed under an urgency ordinance for mandatory water conservation. The source of water for CSA #6 is Kelseyville County Waterworks, District #3. The urgency ordinance was initiated when well levels began to drop and water use was escalating. In July, critically low water table levels were threatening the water wells. To protect the water system from not being able to supply the community with minimum drinking water needs, and to comply with a State mandate to reduce water consumption by 20%, the urgency ordinance (Ordinance #3010) was implemented.
Although the drought is not over, temperatures and consumption levels have dropped. Analysis of the production, consumption and condition of the wells indicates that the urgency ordinance with surcharges is not necessary at this time.
CSA #6 will remain in stage 1 of the Drought Management Plan. Stage 1, calls for voluntary conservation, and the production and consumption will continue to be monitored closely.
If at any time it appears that there may be a threat to the water system's ability to provide minimum drinking water needs to the community we will return to your Board with a new urgency ordinance.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
Not applicable
STAFFING IMPACT (if applicable):
Not applicable
..Recommended Action
RECOMMENDED ACTION:
We are requesting your Board make a declaration that the conditions requiring Finley Water System, CSA #6 no longer exist and move the water district from Stage 4 of the Drought Management Plan, to Stage 1. By making this declaration Urgency Ordinance #3010 will terminate and no longer be in effect.
On motion of Supervisor Farrington, and by vote of the Board, declared that certain conditions in the Finley Water System, CSA #6 no longer exist and move the water district from Stage 4 of the Drought Management Plan, to Stage 1, terminating Urgency Ordinance #3010. The motion carried by the following vote:
Ayes- Supervisors: 5 - Comstock, Smith, Farrington, Brown and Rushing
Clerk’s notes: Special Districts Administrator Mark Dellinger and Compliance Coordinator Jan Coppinger presented the item to the Board.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
9.11(Sitting as Kelseyville County Waterworks District #3) - Consideration of Proposal to lift Urgency Conservation Ordinance for Kelseyville County Waterworks #3
Report
Motion carried
Carried 5-0 — moved by Farrington
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Staff memo
EXECUTIVE SUMMARY:
On July 22, 2014 Kelseyville County Waterworks #3 was placed under an urgency ordinance for mandatory water conservation. The urgency ordinance was initiated when well levels began to drop and water use was escalating. In July, critically low water table levels were threatening the water wells. To protect the water system from not being able to supply the community with minimum drinking water needs, and to comply with a State mandate to reduce water consumption by 20%, the urgency ordinance (Ordinance #3012) was implemented.
Although the drought is not over, temperatures and consumption levels have dropped. Analysis of the condition of the wells indicates that the urgency ordinance with surcharges is not necessary at this time.
Kelseyville County Water Works #3 will remain in stage 1 of the Drought Management Plan. Stage 1, calls for voluntary conservation, and the production and consumption will continue to be monitored closely.
If at any time it appears that there may be a threat to the water system's ability to provide minimum drinking water needs to the community we will return to your Board with a new urgency ordinance.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
Not applicable
STAFFING IMPACT (if applicable):
Not applicable
..Recommended Action
RECOMMENDED ACTION:
We are requesting your Board make a declaration that the conditions requiring Kelseyville County Water Works District #3 no longer exist and move the water district from Stage 4 of the Drought Management Plan, to Stage 1. By making this declaration, Urgency Ordinance #3012 will terminate and no longer be in effect.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Directors, Kelseyville County Waterworks District #3
FROM: Mark Dellinger, Administrator
Jan Coppinger, Compliance Coordinator
DATE: December 16, 2014
SUBJECT: Consideration of Proposal to Lift Urgency Conservation Ordinance at Kelseyville County Waterworks #3
EXECUTIVE SUMMARY:
On July 22, 2014 Kelseyville County Waterworks #3 was placed under an urgency ordinance for mandatory water conservation. The urgency ordinance was initiated when well levels began to drop and water use was escalating. In July, critically low water table levels were threatening the water wells. To protect the water system from not being able to supply the community with minimum drinking water needs, and to comply with a State mandate to reduce water consumption by 20%, the urgency ordinance (Ordinance #3012) was implemented.
Although the drought is not over, temperatures and consumption levels have dropped. Analysis of the condition of the wells indicates that the urgency ordinance with surcharges is not necessary at this time.
Kelseyville County Water Works #3 will remain in stage 1 of the Drought Management Plan. Stage 1, calls for voluntary conservation, and the production and consumption will continue to be monitored closely.
If at any time it appears that there may be a threat to the water system's ability to provide minimum drinking water needs to the community we will return to your Board with a new urgency ordinance.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
Not applicable
STAFFING IMPACT (if applicable):
Not applicable
..Recommended Action
RECOMMENDED ACTION:
We are requesting your Board make a declaration that the conditions requiring Kelseyville County Water Works District #3 no longer exist and move the water district from Stage 4 of the Drought Management Plan, to Stage 1. By making this declaration, Urgency Ordinance #3012 will terminate and no longer be in effect.
On motion of Director Farrington, and by vote of the Board, declared that certain conditions in the Kelseyville County Water Works District #3 no longer exist and move the water district from Stage 4 of the Drought Management Plan, to Stage 1, terminating Urgency Ordinance #3012. The motion carried by the following vote:
Ayes- Directors: 5 - Comstock, Smith, Farrington, Brown and Rushing
Clerk’s notes: (Sitting as the Kelseyville County Waterworks District #3 Board of Directors) - Special Districts Administrator Mark Dellinger and Compliance Coordinator Jan Coppinger presented the item to the Board.
Chair Rushing asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
10. Closed Session
10.1Conference with Labor Negotiator: (a) County Negotiators: A. Grant, S. Harry, M. Perry, A. Flora and C. Shaver; and (b) Employee Organizations: DDAA, LCCOA, LCEA and LCSEA
10.2Conference with Legal Counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9(d)(1): Fowler & Ford v. County of Lake.
Closed Session Item
10.3Conference with Legal Counsel: Decision whether to initiate litigation pursuant to Gov. Code Sec. 54956.9(d)(4): One potential case.
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 12:23 p.m. having taken no action.