Board Of Supervisors — Tuesday, September 1, 2015
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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
7.1Adopt Resolution fixing tax rates for local agencies, general obligation bonds and other voter approved indebtedness for Fiscal Year 15/16.
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY:
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 resolution to be adopted.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Cathy Saderlund, Auditor-Controller
DATE: August 19, 2015
SUBJECT: Adopt resolution fixing tax rates for local agencies, general obligation bonds and other voter approved indebtedness for Fiscal Year 15/16.
EXECUTIVE SUMMARY:
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 resolution to be adopted.
7.2(a) Waive the competitive bidding process due to the unique and proprietary nature of the equipment; and (b) authorize the Purchasing Agent to issue a Purchase Order to Cellular Systems of California, Inc. for an ENT Call Box System 9 in the amount of $23,880.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
Staff recommends that the Board waive the competitive bidding process for purchase of an ENT Call Box System 9 throw phone due to the unique nature of this equipment meeting all the needs of the Sheriff's Office per County Code Section 2-38.2 and 38.5. This throw phone is only offered by Cellular Systems of California, Inc., to the best of my knowledge, and is unique in nature with live feed video from five different views with an unconditional warranty on the equipment and a life-time warranty on delivery (see sole source letter attached to Purchase Order)
Justification for use of this exemption is based on Section 2-38.2 and 38.5 of the County Code related to the unique nature of the goods and the fact that the throw phone is only produced by one manufacturer:
2-38.5 Purchase of patented or proprietary articles. When the County requires supplies, materials or equipment which are produced by only one (1) manufacturer, such manufacturer's make or brand shall be specified in the invitations to bid and competitive bids shall be obtained from authorized dealers or distributors of such manufacturer.
If one (1) manufacturer, dealer or distributor is the sole source of supply, the County Purchasing Agent or Assistant Purchasing Agent, as applicable, is authorized to negotiate a purchase order or contract with the manufacturer, dealer or distributor at prices and on terms most advantageous to the County.
Additionally, because the total cost of the item including sales tax is over $25,000 ($25,656.40), authorization by the Board of Supervisors to issue the purchase order is required per County Code Section 2-39.1 (f). This purchase is 100% funded through the Homeland Security Grant Program (HSGP) through the Lake County Office of Emergency Services.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends that the Board:
(a) Waive the competitive bidding process due to the unique and proprietary nature of the equipment; and (b) authorize the Purchasing Agent to issue a Purchase Order to Cellular Systems of California, Inc. for an ENT Call Box System 9 in the amount of $23,880
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Matt Perry, County Administrative Officer
Josh Jones, Deputy County Administrative Officer
DATE: September 1, 2015
SUBJECT: (a) Waive the competitive bidding process due to the unique and proprietary nature of the equipment; and (b) authorize the Purchasing Agent to issue a Purchase Order to Cellular Systems of California, Inc. for an ENT Call Box System 9 in the amount of $23,880.
EXECUTIVE SUMMARY:
Staff recommends that the Board waive the competitive bidding process for purchase of an ENT Call Box System 9 throw phone due to the unique nature of this equipment meeting all the needs of the Sheriff's Office per County Code Section 2-38.2 and 38.5. This throw phone is only offered by Cellular Systems of California, Inc., to the best of my knowledge, and is unique in nature with live feed video from five different views with an unconditional warranty on the equipment and a life-time warranty on delivery (see sole source letter attached to Purchase Order)
Justification for use of this exemption is based on Section 2-38.2 and 38.5 of the County Code related to the unique nature of the goods and the fact that the throw phone is only produced by one manufacturer:
2-38.5 Purchase of patented or proprietary articles. When the County requires supplies, materials or equipment which are produced by only one (1) manufacturer, such manufacturer's make or brand shall be specified in the invitations to bid and competitive bids shall be obtained from authorized dealers or distributors of such manufacturer.
If one (1) manufacturer, dealer or distributor is the sole source of supply, the County Purchasing Agent or Assistant Purchasing Agent, as applicable, is authorized to negotiate a purchase order or contract with the manufacturer, dealer or distributor at prices and on terms most advantageous to the County.
Additionally, because the total cost of the item including sales tax is over $25,000 ($25,656.40), authorization by the Board of Supervisors to issue the purchase order is required per County Code Section 2-39.1 (f). This purchase is 100% funded through the Homeland Security Grant Program (HSGP) through the Lake County Office of Emergency Services.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends that the Board:
(a) Waive the competitive bidding process due to the unique and proprietary nature of the equipment; and (b) authorize the Purchasing Agent to issue a Purchase Order to Cellular Systems of California, Inc. for an ENT Call Box System 9 in the amount of $23,880
7.3Approve Agreement between the County of Lake and Women's Recovery Services for FY 15/16 Alcohol and Other Drug Services, amount not to exceed $30,000, and authorize the Chair to sign.
Action Item
passed on consent
Staff memo
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: $30,000
Amount Budgeted: $30,000
Additional Requested: N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): The total amount budgeted for Women's Recovery Services for AODS services for Fiscal Year 2015-16 is $30,000. Lake County Behavioral Health is requesting approval of the Agreement for Fiscal Year 2015-16 for a contract maximum of $30,000.
Funding for this Agreement is through Federal Substance Abuse Prevention and Treatment Block Grant and Realignment funds.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Lake County Behavioral Health requests the Board approve the Agreement between the County of Lake and Women's Recovery Services for the amount of $30,000 and to authorize the Board Chair to sign the Agreement.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Linda Lovejoy, LMFT, MAC
Behavioral Health Director
DATE: September 8, 2015
SUBJECT: Agreement between the County of Lake and Women's Recovery Services for Fiscal Year 2015-16
EXECUTIVE SUMMARY: Attached, for your approval, is the Agreement between the County of Lake and Women's Recovery Services for Fiscal Year 2015-2016. Under the Agreement, Alcohol & Other Drug Services, a division of Lake County Behavioral Health (LCBH) is obligated to pay $107.00 per day for single women with no children and $124.00 a day for women with one (1) child; and $140.00 a day for women with two (2) children.
BACKGROUND AND DISCUSSION: Women's Recovery Services (WRS) was founded in 1975 with the mission of providing residential addiction treatment exclusively for women. Women's Recovery Services has been providing substance abuse treatment for women for over 35 years. Women's Recovery Services has been licensed in Addiction Treatment in the State of California since 1975.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: $30,000
Amount Budgeted: $30,000
Additional Requested: N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): The total amount budgeted for Women's Recovery Services for AODS services for Fiscal Year 2015-16 is $30,000. Lake County Behavioral Health is requesting approval of the Agreement for Fiscal Year 2015-16 for a contract maximum of $30,000.
Funding for this Agreement is through Federal Substance Abuse Prevention and Treatment Block Grant and Realignment funds.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Lake County Behavioral Health requests the Board approve the Agreement between the County of Lake and Women's Recovery Services for the amount of $30,000 and to authorize the Board Chair to sign the Agreement.
7.4Adopt Proclamation designating the month of September as Childhood Cancer Awareness Month in Lake County, CA.
Proclamation
passed on consent
7.5Adopt Proclamation designating the week of September 7 - 13, 2015 as Suicide Prevention Week in Lake County, CA.
Proclamation
passed on consent
7.6Adopt Resolution Approving the Application and Certification Statement for the Maternal, Child and Adolescent Health (MCAH) Grant with the State of California, Department of Public Health for Fiscal Year 2015 through 2016, and Authorizing the Board Chair to Sign Said Certification.
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY:
Attached for your review and approval is a request to approve a Resolution for the above-referenced MCAH Grant Program.
This program has identified the needs of the mother and child population and attempts to improve existing services. This
grant allows the Public Health Division to work on identifying, coordinating and providing health services to pregnant women
and children through collaborative planning, development and the assurance of quality prenatal and infant health care.
Should you have any questions or require additional information, please contact me at 263-1090.
FISCAL IMPACT: __ None X__Budgeted __Non-Budgeted
Estimated Cost: $105,045
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: Your Board's Approval is Requested and Recommended.
Thank you for your consideration of this request.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Jim Brown, Health Services Director
DATE: August 19, 2015
SUBJECT: Resolution Approving the Application and Certification Statement for the Maternal, Child and
Adolescent Health (MCAH) Grant with the State of California, Department of Public Health
for Fiscal Year 2015 through 2016 and Authorizing the Board Chair to Sign Said Certification
EXECUTIVE SUMMARY:
Attached for your review and approval is a request to approve a Resolution for the above-referenced MCAH Grant Program.
This program has identified the needs of the mother and child population and attempts to improve existing services. This
grant allows the Public Health Division to work on identifying, coordinating and providing health services to pregnant women
and children through collaborative planning, development and the assurance of quality prenatal and infant health care.
Should you have any questions or require additional information, please contact me at 263-1090.
FISCAL IMPACT: __ None X__Budgeted __Non-Budgeted
Estimated Cost: $105,045
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: Your Board's Approval is Requested and Recommended.
Thank you for your consideration of this request.
7.7Approve Agreement between the County of Lake and Marta Fuller, for FY 15/16 Dental Health Education and Prevention Services, in the amount of $20,000 and authorize the Chair to sign.
Agreement
passed on consent
Staff memo
EXECUTIVE SUMMARY:
Marta Fuller has been serving the children of Lake County for more than thirty five years in a Dental Disease Prevention Program. Four
years ago funding for the State's Dental Disease Prevention Program was cut. She was able to maintain doing this work with half of the
amount of funding provided by both the Lake County Office of Education and the Health Services Department. Through her work she
has provided varnishes, oral health education, plaque control, dental screenings and dental sealants.
Improving oral health care in our young children is a critical and significant need and continues to be a passion for her.
FISCAL IMPACT: __ None X__Budgeted __Non-Budgeted
Estimated Cost: $20,000
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: Your Board's approval is requested and recommended.
Thank you.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Jim Brown, Health Services Director
DATE: August 19, 2015
SUBJECT: Approval of Agreement between the County of Lake and Marta Fuller, for Dental Health Education and Prevention
Services for Fiscal Year 2015-2016
EXECUTIVE SUMMARY:
Marta Fuller has been serving the children of Lake County for more than thirty five years in a Dental Disease Prevention Program. Four
years ago funding for the State's Dental Disease Prevention Program was cut. She was able to maintain doing this work with half of the
amount of funding provided by both the Lake County Office of Education and the Health Services Department. Through her work she
has provided varnishes, oral health education, plaque control, dental screenings and dental sealants.
Improving oral health care in our young children is a critical and significant need and continues to be a passion for her.
FISCAL IMPACT: __ None X__Budgeted __Non-Budgeted
Estimated Cost: $20,000
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: Your Board's approval is requested and recommended.
Thank you.
7.8Approve Agreement between the County of Lake and 4LEAF, Inc. for Construction Inspection, Special Inspection, and Material Testing Services for Behavioral Health Clearlake Facility Expansion in Clearlake, CA, amount not to exceed $246,240, and authorize the Chair to sign.
Agreement
passed on consent
approved
Carried 4-0 — moved by Smith
Brown: absent Comstock: aye Farrington: aye Smith: aye Steele: aye
Brown: absent Comstock: aye Farrington: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY: On February 26, 2015, the Department of Public Works issued a Request for Proposals (RFP) for Construction Inspection, Special Inspection, and Material Testing Services for Behavioral Health Clearlake Facility Expansion. In response to the RFP, proposals were received from three (3) consulting firms: 4LEAF, Inc., Consolidated Engineering Laboratories, and Ruzicka Associates. A consultant selection board reviewed the proposals in accordance with the County of Lake policy for review and selection of professional consultants and selected 4LEAF, Inc. as the most qualified firm. Staff negotiated the proposed fee with 4LEAF, Inc., and they have agreed that the fee for their services will not exceed $246,240.
The Behavioral Health Department has budgeted sufficient funds for the services to be provided under this Agreement.
Staff recommends that the Board of Supervisors approve the Agreement for Construction Inspection, Special Inspection, and Material Testing Services for Behavioral Health Clearlake Facility Expansion with 4LEAF, Inc. in the amount not to exceed $246,240 and authorize the Chairman to execute said Agreement.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: 246,240
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 the Agreement for Construction Inspection, Special Inspection, and Material Testing Services for Behavioral Health Clearlake Facility Expansion with 4LEAF, Inc. in the amount not to exceed $246,240 and authorize the Chairman to execute said Agreement.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: August 17, 2015
SUBJECT: Approve Agreement between the County of Lake and 4LEAF, Inc for Construction Inspection, Special Inspection, and Material Testing Services for Behavioral Health Clearlake Facility Expansion In Clearlake, CA.
EXECUTIVE SUMMARY: On February 26, 2015, the Department of Public Works issued a Request for Proposals (RFP) for Construction Inspection, Special Inspection, and Material Testing Services for Behavioral Health Clearlake Facility Expansion. In response to the RFP, proposals were received from three (3) consulting firms: 4LEAF, Inc., Consolidated Engineering Laboratories, and Ruzicka Associates. A consultant selection board reviewed the proposals in accordance with the County of Lake policy for review and selection of professional consultants and selected 4LEAF, Inc. as the most qualified firm. Staff negotiated the proposed fee with 4LEAF, Inc., and they have agreed that the fee for their services will not exceed $246,240.
The Behavioral Health Department has budgeted sufficient funds for the services to be provided under this Agreement.
Staff recommends that the Board of Supervisors approve the Agreement for Construction Inspection, Special Inspection, and Material Testing Services for Behavioral Health Clearlake Facility Expansion with 4LEAF, Inc. in the amount not to exceed $246,240 and authorize the Chairman to execute said Agreement.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: 246,240
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 the Agreement for Construction Inspection, Special Inspection, and Material Testing Services for Behavioral Health Clearlake Facility Expansion with 4LEAF, Inc. in the amount not to exceed $246,240 and authorize the Chairman to execute said Agreement.
On motion of Supervisor Smith, and by vote of the Board, approved Consent Agenda items 7.1 through 7.8.The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele, and Farrington
Absent: Supervisor Brown
8. Timed Items
8.19:05 A.M. - Public Input
Clerk’s notes: Supervisor Steele read into the record a Proclamation designating the month of September as National Alcohol and Drug Addiction Recovery Month and presented it to staff from the Behavioral Health Department.
8.29:10 A.M. - Presentation of (a) Proclamation designating the month of September as Childhood Cancer Awareness Month in Lake County, CA; and (b) Proclamation designating the week of September 7 - 13, 2015 as Suicide Prevention Week in Lake County, CA.
Proclamation
Clerk’s notes: a) Supervisor Comstock read the proclamation into the record and presented it to staff from the Public Health Department.
b) Supervisor Smith read the proclamation into the record, noting that there was an error in the date (should read September 7-13, 2015) and presented a revised copy to staff from the Behavioral Health Department.
8.39:30 A.M. - PUBLIC HEARING - (Withdrawn in writing August 25, 2015 by Middletown Rancheria) - Consideration of Appeal of Planning Commission Approval (AB 15-03) of Minor Modification to Use Permits (MMU 15-02 & 03, IS 15-01) to construct an above ground pipeline corridor approximately 2,626 feet in length, connecting West Ford Flat Steam Field to an existing pipeline serving the Calistoga Steam Field as proposed by Calpine; located at 10350 Socrates Mine Road, Middletown; further described as APNs 013-004-15 & 013-005-07; appellant is the Middletown Rancheria of Pomo Indians of California
Public Hearing
Staff memo
EXHIBITS: A. Appeal Form Letter dated June 18, 2015
B. Planning Commission Minutes Dated June 11, 2015
C. Planning Commission Staff Report Dated May 27, 2015
D. Proposed MMU 15-02 & 15-03 & Grading Permit Conditions
I. BACKGROUND & DISCUSSION
The appellant, Middletown Rancheria of Pomo Indians of California, is appealing the Planning Commission's June 11, 2015 adoption of a Mitigated Negative Declaration and authorization for the issuance of a Complex Grading Permit (GR14-027) for construction of an above ground steam cross-tie pipeline. The project involves two minor modifications to existing use permits for Geysers Power Company, LLC. The appeal application from also states that the appeal was filed because the Planning Commission did not continue the hearing at Middletown Rancheria's request.
The appeal was filed on June 18th, 2015 and included a cover letter addressed to the Board of Supervisors from Kazhe Law Group PC, legal counsel for Middletown Rancheria, along with a detailed letter dated June 17th to the Planning Commission. Please refer to Attachment A. Since this information was filed after the Planning Commission hearing, the June 17th letter was not forwarded to the Commission but is assumed to be intended for the Board. The June 18th letter to the Board states that "the Tribe requests a thirty (30) day extension of time before the County issues the Notice of Determination on the MND to allow for meaningful consultation and completion of the analysis of the impact of the Project on tribal cultural and historical resources performed in consultation with the Tribe." Once the appeal was filed, the filing of the NOD was automatically stayed, and has yet to be filed pending the outcome of this appeal. Also, staff has been informed by representatives of Geysers Power Company that discussions have occurred between representatives of the Tribe and Geysers Power Company, including a site visit to the project area on June 19th. Staff did not participate in these discussions and felt that it was more appropriate for the two parties to meet privately to try and resolve their concerns. However, as of the writing of the Memo on August 19th, it was apparent that resolution has not been achieved and it is necessary to bring the appeal before the Board for review and consideration.
The main issue of contention between the Tribe and Geysers Power Company was the insistence by the Tribe that a Cultural Resources Agreement be required as a condition of approval of the use permit modifications. The Tribe had requested this in their comments during project review. Staff had included this in the draft minor modification conditions but immediately prior to the June 11th hearing determined that there was no legal basis in state or federal law to require a Cultural Resources Agreement. Further, the applicant does not support the imposition of a condition requiring such an agreement because it is too open ended and requirements were being included in the draft agreement prepared by the Tribe that were too onerous or beyond the scope of the applicant to control. However, the applicant stated at the hearing that they could support development of an Accidental Discovery Agreement. For more details, please refer to Attachment B, Planning Commission minutes from the June 11th hearing.
In approving the minor modifications to allow the construction of the steam cross-tie pipeline, the Planning Commission amended the condition concerning the Cultural Resources Agreement so that it is no longer a requirement, but that the "permit holder is strongly encouraged to negotiate and execute a Cultural Resources Agreement with Middletown Rancheria prior to construction."
The June 17th letter from the appellant's legal counsel states that the proposed Mitigated Negative Declaration is "inadequate with respect to assessing the impact of the proposed undertaking on certain cultural & historical resources within and adjacent to the project area." However, no clear information or evidence supporting this claim is provided, other than the Tribe's desire to enter into consultations concerning this matter. There was no legal requirement for the applicant or the county to enter into consultations for this project, as the application processing and hearing before the Planning Commission pre-dated the effective date of Assembly Bill 52. Even if this project where subject to the requirements of AB 52 which took effect on July 1st, there is no requirement contained within the new law that require Cultural Resource Agreements. AB 52's focus is on assuring that consultations occur for all new discretionary project proposals, when requested by a tribe, during the initial project review period.
The Cultural Resources Survey Report for this project was completed in December of 2014 by Alta Archaeological Consulting, LLC. The Registered Professional Archaeologist who prepared the Report, Alex DeGregory, communicated with Middletown Rancheria's Tribal Historic Preservation Officer via email on July 30th and 31st of 2014 concerning the proposed project area. This communications was approximately six (6) months prior the minor Modification applications being submitted to the County. Communications between Planning Division staff and the Tribal Historic Preservation Officer occurred in January, February and May of this year with the Tribe expressing concerns with the project area, requesting and receiving a copy of the Cultural Resources Survey Report, and requesting that a condition be included in the permit modifications requiring the applicant to enter into a Cultural Resource Agreement with Middletown Rancheria.
There have been Nine (9) previous cultural resource studies completed within 1/2 mile of the proposed project area between 1976 and 1997. The Cultural Resources Survey Report prepared for this project, which included a field reconnaissance of the project area, did not identify any cultural resources within the proposed project site. The Tribe has not provided any specific information that there are any known resources within the specific project site.
II. RECOMMENDATIONS
Staff recommends that the Board of Supervisors deny the appeal of Middletown Rancheria, (AB 15-03) for the following reasons:
1. There is no legal basis to require the applicant to enter into a tribal monitoring agreement.
2. No evidence has been provided to indicating that cultural resources are present within the project development area, which was studied by a Registered Archaeologist.
3. Based upon the foregoing, the Planning Commission's adoption of a Mitigated Negative Declaration for this project was appropriate.
..Recommended Action
RECOMMENDED ACTION:
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Richard Coel, Community Development Director
Prepared by: Mark Roberts, Assistant Planner II
DATE: August 18, 2015
SUBJECT: AB 15-03; Appeal of Planning Commission Approval of Minor Modifications (MMU15-02 & 03) to Use Permits (UP 87-41 &UP93-15); Initial Study (IS15-01) & Grading Permit (GR14-027) APN's 013-004-15 & 013-005-07
Supervisor District 1
EXHIBITS: A. Appeal Form Letter dated June 18, 2015
B. Planning Commission Minutes Dated June 11, 2015
C. Planning Commission Staff Report Dated May 27, 2015
D. Proposed MMU 15-02 & 15-03 & Grading Permit Conditions
I. BACKGROUND & DISCUSSION
The appellant, Middletown Rancheria of Pomo Indians of California, is appealing the Planning Commission's June 11, 2015 adoption of a Mitigated Negative Declaration and authorization for the issuance of a Complex Grading Permit (GR14-027) for construction of an above ground steam cross-tie pipeline. The project involves two minor modifications to existing use permits for Geysers Power Company, LLC. The appeal application from also states that the appeal was filed because the Planning Commission did not continue the hearing at Middletown Rancheria's request.
The appeal was filed on June 18th, 2015 and included a cover letter addressed to the Board of Supervisors from Kazhe Law Group PC, legal counsel for Middletown Rancheria, along with a detailed letter dated June 17th to the Planning Commission. Please refer to Attachment A. Since this information was filed after the Planning Commission hearing, the June 17th letter was not forwarded to the Commission but is assumed to be intended for the Board. The June 18th letter to the Board states that "the Tribe requests a thirty (30) day extension of time before the County issues the Notice of Determination on the MND to allow for meaningful consultation and completion of the analysis of the impact of the Project on tribal cultural and historical resources performed in consultation with the Tribe." Once the appeal was filed, the filing of the NOD was automatically stayed, and has yet to be filed pending the outcome of this appeal. Also, staff has been informed by representatives of Geysers Power Company that discussions have occurred between representatives of the Tribe and Geysers Power Company, including a site visit to the project area on June 19th. Staff did not participate in these discussions and felt that it was more appropriate for the two parties to meet privately to try and resolve their concerns. However, as of the writing of the Memo on August 19th, it was apparent that resolution has not been achieved and it is necessary to bring the appeal before the Board for review and consideration.
The main issue of contention between the Tribe and Geysers Power Company was the insistence by the Tribe that a Cultural Resources Agreement be required as a condition of approval of the use permit modifications. The Tribe had requested this in their comments during project review. Staff had included this in the draft minor modification conditions but immediately prior to the June 11th hearing determined that there was no legal basis in state or federal law to require a Cultural Resources Agreement. Further, the applicant does not support the imposition of a condition requiring such an agreement because it is too open ended and requirements were being included in the draft agreement prepared by the Tribe that were too onerous or beyond the scope of the applicant to control. However, the applicant stated at the hearing that they could support development of an Accidental Discovery Agreement. For more details, please refer to Attachment B, Planning Commission minutes from the June 11th hearing.
In approving the minor modifications to allow the construction of the steam cross-tie pipeline, the Planning Commission amended the condition concerning the Cultural Resources Agreement so that it is no longer a requirement, but that the "permit holder is strongly encouraged to negotiate and execute a Cultural Resources Agreement with Middletown Rancheria prior to construction."
The June 17th letter from the appellant's legal counsel states that the proposed Mitigated Negative Declaration is "inadequate with respect to assessing the impact of the proposed undertaking on certain cultural & historical resources within and adjacent to the project area." However, no clear information or evidence supporting this claim is provided, other than the Tribe's desire to enter into consultations concerning this matter. There was no legal requirement for the applicant or the county to enter into consultations for this project, as the application processing and hearing before the Planning Commission pre-dated the effective date of Assembly Bill 52. Even if this project where subject to the requirements of AB 52 which took effect on July 1st, there is no requirement contained within the new law that require Cultural Resource Agreements. AB 52's focus is on assuring that consultations occur for all new discretionary project proposals, when requested by a tribe, during the initial project review period.
The Cultural Resources Survey Report for this project was completed in December of 2014 by Alta Archaeological Consulting, LLC. The Registered Professional Archaeologist who prepared the Report, Alex DeGregory, communicated with Middletown Rancheria's Tribal Historic Preservation Officer via email on July 30th and 31st of 2014 concerning the proposed project area. This communications was approximately six (6) months prior the minor Modification applications being submitted to the County. Communications between Planning Division staff and the Tribal Historic Preservation Officer occurred in January, February and May of this year with the Tribe expressing concerns with the project area, requesting and receiving a copy of the Cultural Resources Survey Report, and requesting that a condition be included in the permit modifications requiring the applicant to enter into a Cultural Resource Agreement with Middletown Rancheria.
There have been Nine (9) previous cultural resource studies completed within 1/2 mile of the proposed project area between 1976 and 1997. The Cultural Resources Survey Report prepared for this project, which included a field reconnaissance of the project area, did not identify any cultural resources within the proposed project site. The Tribe has not provided any specific information that there are any known resources within the specific project site.
II. RECOMMENDATIONS
Staff recommends that the Board of Supervisors deny the appeal of Middletown Rancheria, (AB 15-03) for the following reasons:
1. There is no legal basis to require the applicant to enter into a tribal monitoring agreement.
2. No evidence has been provided to indicating that cultural resources are present within the project development area, which was studied by a Registered Archaeologist.
3. Based upon the foregoing, the Planning Commission's adoption of a Mitigated Negative Declaration for this project was appropriate.
..Recommended Action
RECOMMENDED ACTION:
No action was taken.
Clerk’s notes: Chair Farrington announced that this appeal was withdrawn by the applicant.
9. Non-Timed Items
9.1Supervisors’ weekly calendar, travel and reports
9.2(Carried over from August 18, 2015, and August 25, 2015) - Consideration of Resolution Designating Applicant’s Agent for California Disaster Assistance Act Funding for Wildland Fires in Lake County, CA.
Resolution
Adopted
Staff memo
EXECUTIVE SUMMARY:
On July 29, 2015, the Rocky Fire ignited eventually leading to the burning of over 69,000 acres and destroying 43 homes and 53 outbuildings. On July 30, 2015, acting as Director of Emergency Services, I declared a local emergency. Due to the numerous wildfires across the state, including the Rocky Fire, Governor Brown issued a Proclamation of a State of Emergency on July 31, 2015.
On August 9, 2015, the Jerusalem Fire ignited consuming over 25,000 acres and destroying 6 homes and 21 outbuildings (as of 8/21/15 was 97% contained).
The State has secured a federal Fire Management Assistance Grant (FMAG) for the WIldland Fires which pays for 75% of eligible fire suppression costs. On August 4, 2015, I sent a letter to the Governor's Office of Emergency Services (Cal OES) requesting financial assistance under the California Disaster Assistance Act ("CDAA"). The CDAA pays for 75% of the remaining 25% of the fire suppression costs. Our request for CDAA also asked for 100% of certain recovery costs such as debris removal and temporary shelter of residents who lost their homes. On August 27, 2015 Governor Brown issued an executive order authorizing CDAA funding for the Wildfires in Lake County.
Staff has prepared a formal application for CDAA funds and a resolution designating certain county staff to sign the related documents.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board adopt the Resolution Designating the Applicant's Agent for CDAA funds and subsequent submission of application to Cal OES.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Matt Perry, County Administrative Officer
DATE: August 28, 2015
SUBJECT: Resolution Designating Applicant's Agent for California Disaster Assistance Act Funding for the Wildland Fires
EXECUTIVE SUMMARY:
On July 29, 2015, the Rocky Fire ignited eventually leading to the burning of over 69,000 acres and destroying 43 homes and 53 outbuildings. On July 30, 2015, acting as Director of Emergency Services, I declared a local emergency. Due to the numerous wildfires across the state, including the Rocky Fire, Governor Brown issued a Proclamation of a State of Emergency on July 31, 2015.
On August 9, 2015, the Jerusalem Fire ignited consuming over 25,000 acres and destroying 6 homes and 21 outbuildings (as of 8/21/15 was 97% contained).
The State has secured a federal Fire Management Assistance Grant (FMAG) for the WIldland Fires which pays for 75% of eligible fire suppression costs. On August 4, 2015, I sent a letter to the Governor's Office of Emergency Services (Cal OES) requesting financial assistance under the California Disaster Assistance Act ("CDAA"). The CDAA pays for 75% of the remaining 25% of the fire suppression costs. Our request for CDAA also asked for 100% of certain recovery costs such as debris removal and temporary shelter of residents who lost their homes. On August 27, 2015 Governor Brown issued an executive order authorizing CDAA funding for the Wildfires in Lake County.
Staff has prepared a formal application for CDAA funds and a resolution designating certain county staff to sign the related documents.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board adopt the Resolution Designating the Applicant's Agent for CDAA funds and subsequent submission of application to Cal OES.
Supervisor Comstock offered the Resolution and it was passed by roll call vote (5 ayes).
Clerk’s notes: County Administrative Officer Matt Perry presented the item to the Board and announced that the Governor had issued an Executive Order enabling the California Disaster Assistance Act (CDAA) to provide funding to Lake County.
Social Services Director Carol Huchingson, who is also heading up the recovery committee, spoke and inquired of Mr. Perry whether the funding from CDAA would cover temporary shelters. Mr. Perry said he would read the Order and clarify.
Chair Farrington asked if the County would have to cover 25% of the costs, as the State will only cover 75%. Mr. Perry stated that the County has asked for a waiver of the 25% and he will follow up on that request.
Chair Farrington asked if anyone present wished to speak. No one present wished to speak and the public input portion of the item was closed.
9.3Consideration of a) Continuing the Proclamation of Emergency Declaration for Drought Conditions; and, b) Continuing the Proclamation of Emergency Declaration for Wildfire Conditions
Proclamation
continued
Carried 5-0 — moved by Comstock
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Carried 5-0 — moved by Comstock
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
Drought Update
On March 4, 2014, your board proclaimed a local emergency, continuing the emergency thirteen times, and on June 23, 2015, your board proclaimed a continued local emergency due to ongoing drought conditions. 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, the County saw impacts to local agriculture and has brought about extreme fire danger county-wide which has resulted in unprecedented fire continues with devastating impacts.
Though local water rights curtailments have been lifted, the compliance order in place for Hidden Valley Lake's Community Service District ("CSD") remains in place until the CSD can address its junior water rights. In addition, several additional local water districts are either seeking or in the process of receiving grant funding to mitigate system issues related to the drought. Lake OES continues to work with local water districts, the State Water Resources Control Board, the State Department of Water Resources and the California Governor's Office of Emergency Services ("Cal OES") regarding potential funding and solutions.
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.
Wildfire Update
In the afternoon on July 29, 2015, the Rocky Fire began in the area of Morgan Valley Road and continued for several weeks, resulting in nearly 70,000 acres burned, more than 43 homes destroyed, poor air quality county-wide, and a public health emergency declaration due to the hazards associated with burn debris. This prompted the activation of the Lake OES Emergency Operations Center ("EOC") and the Declaration of a Local Emergency by the County Administrative Officer on July 31, 2015. August 4, 2015, your Board ratified the declaration by resolution 2015-107, confirming the existence of such emergency. The dangers of this year's fire season continued on Sunday, August 9, 2015, when the Jerusalem Fire broke out, resulting in over 25,000 acres burned, more than 6 homes destroyed and compounded the public health emergency due to debris, and your board amended the ratification of a declaration of a local emergency on August 18, 2015, to include the Jerusalem Fire and others that may result during this emergency. Damage assessments concluded Lake County suffered approximately $12 million in damages, and a formal request to the Governor's Office has been made for financial and technical assistance from the State of California to facilitate recovery.
As the County seeks funding and assistance to perform debris removal for the Rocky and Jerusalem Fires, and prepares for the potential of other significant events during this extreme fire danger, it is imperative that we continue the declaration of an emergency to support the local recovery process and remain vigilant in these conditions.
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 a) extend the Proclamation of a Declaration of a Local Emergency due to drought conditions; and, b) extend the Proclamation of a Declaration of a Local Emergency due to wildfire conditions.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Marisa Chilafoe, Emergency Services Manager
DATE: August 21, 2015
SUBJECT: Consideration of a) Continuing the Proclamation of Emergency Declaration for Drought Conditions; and, b) Continuing the Proclamation of Emergency Declaration for Wildfire Conditions
EXECUTIVE SUMMARY:
Drought Update
On March 4, 2014, your board proclaimed a local emergency, continuing the emergency thirteen times, and on June 23, 2015, your board proclaimed a continued local emergency due to ongoing drought conditions. 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, the County saw impacts to local agriculture and has brought about extreme fire danger county-wide which has resulted in unprecedented fire continues with devastating impacts.
Though local water rights curtailments have been lifted, the compliance order in place for Hidden Valley Lake's Community Service District ("CSD") remains in place until the CSD can address its junior water rights. In addition, several additional local water districts are either seeking or in the process of receiving grant funding to mitigate system issues related to the drought. Lake OES continues to work with local water districts, the State Water Resources Control Board, the State Department of Water Resources and the California Governor's Office of Emergency Services ("Cal OES") regarding potential funding and solutions.
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.
Wildfire Update
In the afternoon on July 29, 2015, the Rocky Fire began in the area of Morgan Valley Road and continued for several weeks, resulting in nearly 70,000 acres burned, more than 43 homes destroyed, poor air quality county-wide, and a public health emergency declaration due to the hazards associated with burn debris. This prompted the activation of the Lake OES Emergency Operations Center ("EOC") and the Declaration of a Local Emergency by the County Administrative Officer on July 31, 2015. August 4, 2015, your Board ratified the declaration by resolution 2015-107, confirming the existence of such emergency. The dangers of this year's fire season continued on Sunday, August 9, 2015, when the Jerusalem Fire broke out, resulting in over 25,000 acres burned, more than 6 homes destroyed and compounded the public health emergency due to debris, and your board amended the ratification of a declaration of a local emergency on August 18, 2015, to include the Jerusalem Fire and others that may result during this emergency. Damage assessments concluded Lake County suffered approximately $12 million in damages, and a formal request to the Governor's Office has been made for financial and technical assistance from the State of California to facilitate recovery.
As the County seeks funding and assistance to perform debris removal for the Rocky and Jerusalem Fires, and prepares for the potential of other significant events during this extreme fire danger, it is imperative that we continue the declaration of an emergency to support the local recovery process and remain vigilant in these conditions.
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 a) extend the Proclamation of a Declaration of a Local Emergency due to drought conditions; and, b) extend the Proclamation of a Declaration of a Local Emergency due to wildfire conditions.
a) County Administrative Officer Matt Perry presented the item to the Board.
Chair Farrington asked if anyone present wished to speak. No one present wished to speak and the public input portion of the item was closed.
On motion of Supervisor Comstock, and by vote of the Board, continued the Proclamation of Emergency Declaration for Drought Conditions. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington
b) County Administrative Officer Matt Perry presented the item to the Board.
Chair Farrington asked if anyone present wished to speak. No one present wished to speak and the public input portion of the item was closed.
On motion of Supervisor Comstock, and by vote of the Board, continued the Proclamation of Emergency Declaration for Drought Conditions. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington
9.4Consideration of Consolidation of School District Elections
Action Item
Motion carried
Carried 5-0 — moved by Comstock
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
The following attached Resolutions are being submitted for the Board's approval pursuant to Section 10400 et seq. of the Elections Code, State of California:
"RESOLUTION OF THE BOARD OF TRUSTEES OF THE MENDOCINO-LAKE COMMUNITY COLLEGE DISTRICT CONSTI-TUTING SPECIFICATIONS OF ELECTION ORDER AND REQUEST FOR CONSOLIDATION RESOLUTION 04-15-01"
"LAKE COUNTY BOARD OF EDUCATION RESOLUTION NO. 1415-11 CONSTITUTING SPECIFICATIONS OF ELECTION ORDER AND REQUEST FOR CONSOLIDATION"
"RESOLUTION 14/15-22 RESOLUTION OF THE BOARD OF TRUSTEES OF THE KELSEYVILLE UNIFIED SCHOOL DISTRICT CONSTITUTING SPECIFICATIONS OF ELECTION ORDER AND REQUEST FOR CONSOLIDATION"
"RESOLUTION OF THE BOARD OF TRUSTEES OF THE LAKEPORT UNIFIED SCHOOL DISTRICT CONSTITUTING SPECIFICATIONS OF ELECTION ORDER AND REQUEST FOR CONSOLIDATION RESOLUTION NO. 04-15-02"
"RESOLUTION OF THE BOARD OF TRUSTEES OF THE LUCERNE ELEMENTARY SCHOOL DISTRICT CONSTITUTING SPECIFI-CATIONS OF ELECTION ORDER AND REQUEST FOR CONSOLIDATION RESOLUTION #10 2014/2015"
"RESOLUTION NO. 04-15-01 RESOLUTION OF THE BOARD OF TRUSTEES OF THE UPPER LAKE UNION HIGH SCHOOL DISTRICT CONSTITUTING SPECIFICATIONS OF ELECTION ORDER AND REQUEST FOR CONSOLIDATION"
"RESOLUTION OF THE BOARD OF TRUSTEES OF THE UPPER LAKE UNION ELEMENTARY SCHOOL DISTRICT CONSTITUTING SPECIFICATIONS OF ELECTION ORDER AND REQUEST FOR CONSOLIDATION RESOLUTION #2014/2015.04"
Attachments
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:
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Board of Supervisors
FROM: Diane Fridley, Registrar of Voters
DATE: September 1, 2015
SUBJECT: Consideration of Consolidation of School District Elections
EXECUTIVE SUMMARY:
The following attached Resolutions are being submitted for the Board's approval pursuant to Section 10400 et seq. of the Elections Code, State of California:
"RESOLUTION OF THE BOARD OF TRUSTEES OF THE MENDOCINO-LAKE COMMUNITY COLLEGE DISTRICT CONSTI-TUTING SPECIFICATIONS OF ELECTION ORDER AND REQUEST FOR CONSOLIDATION RESOLUTION 04-15-01"
"LAKE COUNTY BOARD OF EDUCATION RESOLUTION NO. 1415-11 CONSTITUTING SPECIFICATIONS OF ELECTION ORDER AND REQUEST FOR CONSOLIDATION"
"RESOLUTION 14/15-22 RESOLUTION OF THE BOARD OF TRUSTEES OF THE KELSEYVILLE UNIFIED SCHOOL DISTRICT CONSTITUTING SPECIFICATIONS OF ELECTION ORDER AND REQUEST FOR CONSOLIDATION"
"RESOLUTION OF THE BOARD OF TRUSTEES OF THE LAKEPORT UNIFIED SCHOOL DISTRICT CONSTITUTING SPECIFICATIONS OF ELECTION ORDER AND REQUEST FOR CONSOLIDATION RESOLUTION NO. 04-15-02"
"RESOLUTION OF THE BOARD OF TRUSTEES OF THE LUCERNE ELEMENTARY SCHOOL DISTRICT CONSTITUTING SPECIFI-CATIONS OF ELECTION ORDER AND REQUEST FOR CONSOLIDATION RESOLUTION #10 2014/2015"
"RESOLUTION NO. 04-15-01 RESOLUTION OF THE BOARD OF TRUSTEES OF THE UPPER LAKE UNION HIGH SCHOOL DISTRICT CONSTITUTING SPECIFICATIONS OF ELECTION ORDER AND REQUEST FOR CONSOLIDATION"
"RESOLUTION OF THE BOARD OF TRUSTEES OF THE UPPER LAKE UNION ELEMENTARY SCHOOL DISTRICT CONSTITUTING SPECIFICATIONS OF ELECTION ORDER AND REQUEST FOR CONSOLIDATION RESOLUTION #2014/2015.04"
Attachments
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:
On motion of Supervisor Comstock, and by vote of the Board, approved Consolidation of School District Elections. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington
Clerk’s notes: Registrar of Voters Diane Fridley presented the item to the Board.
Chair Farrington asked if anyone present wished to speak. No one present wished to speak and the public input portion of the item was closed.
9.5Consideration of Consolidation of Community Services District, Fire Protection District, and Water District Elections
Action Item
Motion carried
Carried 5-0 — moved by Steele
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
The following attached Resolutions are being submitted for the Board's approval pursuant to Section 10400 et seq. of the Elections Code, State of California whereby districts may request that their district election be consolidated with elections called to be held on the same day as the General District Election by other political subdivisions, in the same territory, or in territory that is in part the same:
RESOLUTION NO. 07-14-2015 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE ANDERSON SPRINGS COMMUNITY SERVICES DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
RESOLUTION NO. 2015-1 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE BUTLER-KEYS COMMUNITY SERVICES DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
RESOLUTION NO. 2016-1 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE KELSEYVILLE FIRE PROTECTION DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
RESOLUTION NO. 15-0702 -- "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE LAKE COUNTY FIRE PROTECTION DISTRICT TO CONSOLIDATE ELECTIONS WITH THE GENERAL DISTRICT ELECTION"
RESOLUTION NO. 2016-03 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH LAKE COUNTY FIRE PROTECTION DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
RESOLUTION NO. 15-07-01 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE BUCKINGHAM PARK WATER DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
RESOLUTION NO. 15-16-01 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE CALLAYOMI COUNTY WATER DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
RESOLUTION NO. 15-10 -- "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CLEARLAKE OAKS COUNTY WATER DISTRICT ELECTION CONSOLIDATION"
RESOLUTION NO. 2-15 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE COBB AREA COUNTY WATER DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
RESOLUTION NO. 15-02 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE KONOCTI COUNTY WATER DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
**THE BOARD OF DIRECTORS OF THE SCOTTS VALLEY WATER CONSERVATION DISTRICT FAILED TO SUBMIT A RESOLUTION OF CONSOLIDATION**
RESOLUTION NO. 2015-002 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE UPPER LAKE COUNTY WATER DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
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:
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Board of Supervisors
FROM: Diane Fridley, Registrar of Voters
DATE: September 1, 2015
SUBJECT: Consolidation of Community Services District, Fire Protection District, and Water District Elections
EXECUTIVE SUMMARY:
The following attached Resolutions are being submitted for the Board's approval pursuant to Section 10400 et seq. of the Elections Code, State of California whereby districts may request that their district election be consolidated with elections called to be held on the same day as the General District Election by other political subdivisions, in the same territory, or in territory that is in part the same:
RESOLUTION NO. 07-14-2015 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE ANDERSON SPRINGS COMMUNITY SERVICES DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
RESOLUTION NO. 2015-1 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE BUTLER-KEYS COMMUNITY SERVICES DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
RESOLUTION NO. 2016-1 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE KELSEYVILLE FIRE PROTECTION DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
RESOLUTION NO. 15-0702 -- "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE LAKE COUNTY FIRE PROTECTION DISTRICT TO CONSOLIDATE ELECTIONS WITH THE GENERAL DISTRICT ELECTION"
RESOLUTION NO. 2016-03 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH LAKE COUNTY FIRE PROTECTION DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
RESOLUTION NO. 15-07-01 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE BUCKINGHAM PARK WATER DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
RESOLUTION NO. 15-16-01 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE CALLAYOMI COUNTY WATER DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
RESOLUTION NO. 15-10 -- "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CLEARLAKE OAKS COUNTY WATER DISTRICT ELECTION CONSOLIDATION"
RESOLUTION NO. 2-15 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE COBB AREA COUNTY WATER DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
RESOLUTION NO. 15-02 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE KONOCTI COUNTY WATER DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
**THE BOARD OF DIRECTORS OF THE SCOTTS VALLEY WATER CONSERVATION DISTRICT FAILED TO SUBMIT A RESOLUTION OF CONSOLIDATION**
RESOLUTION NO. 2015-002 -- "RESOLUTION OF THE BOARD OF DIRECTORS OF THE UPPER LAKE COUNTY WATER DISTRICT COUNTY OF LAKE, STATE OF CALIFORNIA"
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:
On motion of Supervisor Steele, and by vote of the Board, approved Consolidation of Community Services District, Fire Protection District, and Water District Elections. The motion carried by the following vote:
Ayes: Comstock, Smith, Steele, Brown, and Farrington
Clerk’s notes: Registrar of Voters Diane Fridley presented the item to the Board.
Chair Farrington asked if anyone present wished to speak. No one present wished to speak and the public input portion of the item was closed.
9.6Approve Agreement Between County of Lake, Probation Department and the Superior Court of California for the Operation of a Veterans Treatment Court from April 1, 2015 through April 30, 2017. The Superior Court will pay the County of Lake a Maximum of $176,000.00 under this Agreement; and authorize the Chief Probation Officer to sign.
Agreement
Motion carried
Carried 5-0 — moved by Comstock
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
As part of the Budget Act of 2014, the Legislature allocated $15 million from the Recidivism Reduction Fund for a competitive grant program to be administered by the Judicial Council of California. The funds were designated for the courts to use in the administration and operation of programs and practices known to reduce offender recidivism and enhance public safety. Lake County Superior Court submitted a proposal to implement a Veterans Treatment Court in collaboration with Lake County Probation, the Lake County District Attorney's Office, the Lake County Sheriff's Office, Behavioral Health, Lake Legal Defense Services and the Lake County Veterans Services Office.
The Lake County Superior Court was awarded $439,613 to implement a Veterans Treatment Court. $176,000 was designated to fund one full time deputy probation officer position for the two year term of the agreement as well as a two month planning phase.
The Lake County Probation Department is currently fulfilling the requirements of the grant and, if approved by the Board, would be reimbursed for services already provided and funded for future service under the term of the agreement.
I was provided with this agreement in a Superior Court of California "Standard Agreement" format. The agreement does not have Lake County's standard signature lines for County Counsel or Clerk of the Board. County Counsel, Anita Grant, and County Administrative Officer, Matt Perry, have both reviewed this agreement. The format only contains signature lines for the Presiding Superior Court Judge, Stephen O. Hedstrom and the Chief Probation Officer, Rob Howe.
Please consider this my request for the Board of Supervisors to approve the agreement and authorize the Chief Probation Officer to sign it.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
If approved, this would fund one full time deputy probation officer for the term of the agreement.
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Request the Board of Supervisors to approve the agreement and authorize the Chief Probation Officer, Rob Howe to sign and execute it.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Rob Howe, Chief Probation Officer
DATE: August 18, 2015
SUBJECT: Approve agreement between the Lake County Superior Court and County of Lake, Probation Department
EXECUTIVE SUMMARY:
As part of the Budget Act of 2014, the Legislature allocated $15 million from the Recidivism Reduction Fund for a competitive grant program to be administered by the Judicial Council of California. The funds were designated for the courts to use in the administration and operation of programs and practices known to reduce offender recidivism and enhance public safety. Lake County Superior Court submitted a proposal to implement a Veterans Treatment Court in collaboration with Lake County Probation, the Lake County District Attorney's Office, the Lake County Sheriff's Office, Behavioral Health, Lake Legal Defense Services and the Lake County Veterans Services Office.
The Lake County Superior Court was awarded $439,613 to implement a Veterans Treatment Court. $176,000 was designated to fund one full time deputy probation officer position for the two year term of the agreement as well as a two month planning phase.
The Lake County Probation Department is currently fulfilling the requirements of the grant and, if approved by the Board, would be reimbursed for services already provided and funded for future service under the term of the agreement.
I was provided with this agreement in a Superior Court of California "Standard Agreement" format. The agreement does not have Lake County's standard signature lines for County Counsel or Clerk of the Board. County Counsel, Anita Grant, and County Administrative Officer, Matt Perry, have both reviewed this agreement. The format only contains signature lines for the Presiding Superior Court Judge, Stephen O. Hedstrom and the Chief Probation Officer, Rob Howe.
Please consider this my request for the Board of Supervisors to approve the agreement and authorize the Chief Probation Officer to sign it.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
If approved, this would fund one full time deputy probation officer for the term of the agreement.
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Request the Board of Supervisors to approve the agreement and authorize the Chief Probation Officer, Rob Howe to sign and execute it.
On motion of Supervisor Comstock, and by vote of the Board, approved the Agreement Between County of Lake, Probation Department and the Superior Court of California for the Operation of a Veterans Treatment Court from April 1, 2015 through April 30, 2017, with the Superior Court to pay the County of Lake a Maximum of $176,000.00, and authorized the Chief Probation Officer to sign. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington
Clerk’s notes: Chief Probation Officer Rob Howe presented the item to the Board.
Chair Farrington asked if anyone present wished to speak. No one present wished to speak and the public input portion of the item was closed.
10. Closed Session
10.1Conference with Labor Negotiator: (a) County Negotiators: A. Grant, S. Harry, M. Perry, K. Ferguson and S. Jansen; and (b) Employee Organizations: DDAA, DSA, LCCOA, LCEA and LCSEA