Board Of Supervisors — Tuesday, November 18, 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
7.1Adopt Resolution Adopting the Standard Agreement for the County Mental Health Plan Performance Contract Between the County of Lake and the Department of Health Care Services for Fiscal Year 2014-15 and Authorizing the Interim Behavioral Health Director to sign the Agreement.
Report
passed on consent
7.2Approve out-of-state travel to Las Vegas, Nevada, for two detectives to attend the California Homicide Investigator's Association training.
Report
passed on consent
7.3Approve out-of-state travel for one (1) Sheriff's Sergeant to travel to Virginia to conduct an internal investigation.
Action Item
passed on consent
7.4Waive competitive bidding requirement to purchase seven (7) WatchGuard Mobile Audio Visual (MAV) units due to the selected units being available from a sole source and that competitive bidding would produce no economic benefit to the County and authorize the Sheriff/Coroner/Assistant Purchasing Agent to issue a purchase order to WatchGuard in the amount of $59,275.50 for this purchase.
Report
passed on consent
approved — Pass
Carried 4-0 (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: absent Rushing: aye Smith: aye
On motion of Supervisor Smith, and by vote of the Board, approved Consent Agenda Items 7.1 - 7.4. The motion carried by the following vote:
8. Timed Items
8.19:05 A.M. - Public Input
Clerk’s notes: The following members of the public spoke: Thomas Wahl, Cheryl Cole, Toni Lewis, Terri Larsen, Milos Leubner, Larry Anderson.
8.29:10 A.M. - Consideration of letter of commendation to Middletown Central Park Association for securing a high school rodeo in Middletown.
Proclamation
approved — Pass
Carried 4-0 — moved by Comstock (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: absent Rushing: aye Smith: aye
On motion of Supervisor Comstock, and by vote of the Board, approved the letter of commendation for Middletown Central Park Association. The motion carried by the following vote:
Clerk’s notes: Supervisor Comstock presented the item to the Board. Central Park Associations' Arena Director Kevin Tighe was present to accept the letter of commendation. He also spoke.
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.
8.39:15 A.M. - Consideration of Proposal from the Lake County Fish and Wildlife Advisory Committee to fund purchase of materials and equipment.
Report
approved — Pass
Carried 4-0 — moved by Comstock (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: absent Rushing: aye Smith: aye
On motion of Supervisor Comstock, and by vote of the Board, approved the Fish and Wildlife Advisory Committees request to allocate $2,000 from BU 2701 to purchase the inserts for safety vests for the Game Wardens in Lake County. These items would remain property of the County and be on loan to State employees working here in Lake County. The motion carried by the following vote:
Clerk’s notes: U.C. Cooperative Extension Director Greg Giusti presented the item to the Board; also present were Department of Fish and Wildlife Wardens: Doug Willson and Tim Little.
Chair Rushing asked is anyone present wished to speak and the following people spoke: Unidentified man (1), Interim Undersheriff Macedo, Joan Moss, Thomas Wahl. No one else present wished to speak and the public input portion of this item was closed.
8.49:30 A.M. - Presentation of draft Paper Subdivision Management Plan and consideration of request for direction.
Presentation
Staff was unanimously directed by the Board to work with County Counsel on developing a plan to solicit donations, obtain proper CEQA noticing, as well as map out logistics on accepting roads for public use and further refine the plan to bring it back to the Board for adoption.
Clerk’s notes: Community Development Director Richard Coel presented the item to the Board, Assistant Planner Mireya Turner, Chuck Lamb and Holly Harris were also present. County Administrative Officer Matt Perry and Deputy County Administrative Officer Alan Flora also spoke.
Chair Rushing asked if anyone present wished to speak on this item and the following people spoke: Bob Gardner, Larry Anderson, Joan Moss, Thomas Wahl, Public Services Director Caroline Chavez. No one else present wished to speak and the public input portion of this item was closed.
8.510:15 A.M. - Carried over from October 28, 2014 - Consideration of Staff Recommendation to close the Historic Courthouse Museum on Sundays and on Labor Day (First Monday in September).
Report
approved — Pass
Carried 3-1 — moved by Smith (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Rushing: nay Smith: aye
Brown: aye Comstock: aye Farrington: absent Rushing: nay Smith: aye
On motion of Supervisor Smith, and by vote of the Board, approved the closure of the Historic Courthouse Museum on Sundays and on Labor Day (first Monday in September) and revisit this decision in March 2015. The motion carried by the following vote:
Clerk’s notes: Public Services Director Caroline Chavez 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.
8.611:00 A.M. ASSESSMENT APPEAL HEARING: (Sitting as the Lake County Local Board of Equalization)
Continued from November 4, 2014 at 11:00 A.M. – SA California Group, Inc. – Application No. 200-2012 – 400 Lakeview Dr., Lakeport, CA (APN 029-201-120)
Darron & Carma Jordon – Application No. 100-2012 – 1279 Craig Ave., Lakeport, CA (APN 025-441-380)
Appelbaum Bakersfield, LLC – Application No(s). 101-2012 through 103-2012 – 8250 Orchard Dr., Kelseyville, CA (APN 044-172-310), 8200 Orchard Dr., Kelseyville, CA
(APN 044-163-010), 1895 Eastlake Dr., Kelseyville, CA (APN 044-172-320)
Craig Blencowe – Application No(s). 106-2012 through 115-2012 – 4900 State Hwy 175, Lakeport, CA (APN 007-003-660), 4820 State Hwy 175, Lakeport, CA (007-005-230), 5050 State Hwy 175, Lakeport, CA (APN 007-004-200), 5000 State Hwy 175, Lakeport, CA (007-003-650), 5250 State Hwy 175, Lakeport, CA (APN 007-004-190), 5600 State Hwy 175, Lakeport, CA (APN 007-003-640), 5673 State Hwy 175, Lakeport, CA (APN 007-002-200), 5735 State Hwy 175, Lakeport, CA (APN 007-002-190), 5595 State Hwy 175, Lakeport, CA (APN 007-003-630), 5615 State Hwy 175, Lakeport, CA (APN 007-002-180)
Gary Hubley – Application No. 128-2012 – 6705 E. Hwy 20, Lucerne, CA (APN 034-362-080)
Sonoma Pacific Home Builders – Application No. 149-2012 – 9700 State Hwy 281, Kelseyville, CA (APN 043-551-190)
Michael Edgerton – Application No. 154-2012 – 10595 Lakeshore Dr., Clearlake, CA (APN 036-231-190)
James Steil – Application No(s). 166-2012 through 170-2012 – 16756 Butts Canyon Rd., Middletown, CA (APN 014-003-830), 13655 Lower Lakeshore Dr., Clearlake, CA (APN 037-362-020), 13660 Lower Lakeshore Dr., Clearlake, CA (APN 037-361-020), 17320 Butts Canyon Rd., Middletown, CA (APN 014-140-050), 16636 Butts Canyon Rd., Middletown, CA (APN 014-003-820)
Stephan Revesz – Application No(s). 172-2012 through 176-2012 – 17432 Meadow View Dr., Hidden Valley Lake (APN 141-081-300), 17439 Meadow View Dr., Hidden Valley Lake, CA (APN 141-102-140), 18739 Deer Hollow Rd., Hidden Valley Lake, CA (APN 141-264-030), 17010 Knoll View Dr., Hidden Valley Lake, CA (APN 141-012-060), 17343 Meadow View Dr., Hidden Valley Lake, CA (APN 141-102-220)
Dirk Vanderheiden – Application No. 217-2012 – 380 Konocti Ave., Lakeport, CA (APN 025-621-030)
Gloria Hadley – Application No. 225-2012 – 4150 Genevieve St., Lakeport, CA (APN 029-181-390)
California AVIV (EmpRes Healthcare, Inc.) – Application No. 226-2012 – 1291 Craig Ave., Lakeport, CA (APN 025-441-260)
Arlene Azarcon – Application No. 228-2012 – 17193 Knollview Dr., Hidden Valley Lake, CA (APN 141-021-060)
RBC Real Estate Finance, Inc. – Application No(s). Finance 230-2012 through 235-2012 – 9719 Tenaya Way, Kelseyville, CA (APN 043-732-060), 5611 Ponca Way, Kelseyville, CA (APN 430-102-010), 9972 El Dorado Way, Kelseyville, CA (APN 043-722-060), 10204 Del Monte Way, Kelseyville, CA (APN 043-603-160), 4851 Cascade Way, Kelseyville, CA (APN 043-683-080), 9931 Fairway Dr., Kelseyville, CA (APN 043-573-030)
Action Item
Continued from November 4, 2014 at 11:00 A.M. – SA California Group, Inc. – Application No. 200-2012 – 400 Lakeview Dr., Lakeport, CA (APN 029-201-120) - At the request of the appellant, this appeal was withdrawn.
Darron & Carma Jordon – Application No. 100-2012 – 1279 Craig Ave., Lakeport, CA (APN 025-441-380) - A waiver was received for this appeal hearing.
Appelbaum Bakersfield, LLC – Application No(s). 101-2012 through 103-2012 – 8250 Orchard Dr., Kelseyville, CA (APN 044-172-310), 8200 Orchard Dr., Kelseyville, CA (APN 044-163-010), 1895 Eastlake Dr., Kelseyville, CA (APN 044-172-320) - At the request of the appellant, this appeal was withdrawn.
Craig Blencowe – Application No(s). 106-2012 through 115-2012 – 4900 State Hwy 175, Lakeport, CA (APN 007-003-660), 4820 State Hwy 175, Lakeport, CA (007-005-230), 5050 State Hwy 175, Lakeport, CA (APN 007-004-200), 5000 State Hwy 175, Lakeport, CA (007-003-650), 5250 State Hwy 175, Lakeport, CA (APN 007-004-190), 5600 State Hwy 175, Lakeport, CA (APN 007-003-640), 5673 State Hwy 175, Lakeport, CA (APN 007-002-200), 5735 State Hwy 175, Lakeport, CA (APN 007-002-190), 5595 State Hwy 175, Lakeport, CA (APN 007-003-630), 5615 State Hwy 175, Lakeport, CA (APN 007-002-180) - Neither owner nor representation were present. Vice Chair Comstock confirmed staff's attempt at notification. Staff stated that the certified letter was not picked up by appellant.
Gary Hubley – Application No. 128-2012 – 6705 E. Hwy 20, Lucerne, CA (APN 034-362-080) - Neither owner nor representation were present. Vice Chair Comstock confirmed staff's attempt at notification. Staff stated that the certified letter was not picked up by appellant.
Sonoma Pacific Home Builders – Application No. 149-2012 – 9700 State Hwy 281, Kelseyville, CA (APN 043-551-190) - At the request of the appellant, this appeal was withdrawn.
Michael Edgerton – Application No. 154-2012 – 10595 Lakeshore Dr., Clearlake, CA (APN 036-231-190) - A waiver was received for this appeal appeal hearing.
James Steil – Application No(s). 166-2012 through 170-2012 – 16756 Butts Canyon Rd., Middletown, CA (APN 014-003-830), 13655 Lower Lakeshore Dr., Clearlake, CA (APN 037-362-020), 13660 Lower Lakeshore Dr., Clearlake, CA (APN 037-361-020), 17320 Butts Canyon Rd., Middletown, CA (APN 014-140-050), 16636 Butts Canyon Rd., Middletown, CA (APN 014-003-820) - Neither owner nor representation were present. Vice Chair Comstock confirmed staff's attempt at notification Staff stated that the certified letter was not picked up by appellant.
Stephan Revesz – Application No(s). 172-2012 through 176-2012 – 17432 Meadow View Dr., Hidden Valley Lake (APN 141-081-300), 17439 Meadow View Dr., Hidden Valley Lake, CA (APN 141-102-140), 18739 Deer Hollow Rd., Hidden Valley Lake, CA (APN 141-264-030), 17010 Knoll View Dr., Hidden Valley Lake, CA (APN 141-012-060), 17343 Meadow View Dr., Hidden Valley Lake, CA (APN 141-102-220) - Neither owner nor representation were present. Vice Chair Comstock confirmed staff's attempt at notification. Staff stated that the certified letter was not picked up by appellant.
Dirk Vanderheiden – Application No. 217-2012 – 380 Konocti Ave., Lakeport, CA (APN 025-621-030) - Neither owner nor representation were present. Vice Chair Comstock confirmed staff's attempt at notification. Staff stated that the certified letter was not picked up by appellant.
Gloria Hadley – Application No. 225-2012 – 4150 Genevieve St., Lakeport, CA (APN 029-181-390) - At the request of the appellant, this appeal was withdrawn.
California AVIV (EmpRes Healthcare, Inc.) – Application No. 226-2012 – 1291 Craig Ave., Lakeport, CA (APN 025-441-260) - At the request of the appellant, this appeal was withdrawn.
Arlene Azarcon – Application No. 228-2012 – 17193 Knollview Dr., Hidden Valley Lake, CA (APN 141-021-060) - Neither owner nor representation were present. Vice Chair Comstock confirmed staff's attempt at notification. Staff stated that the certified letter was not picked up by appellant.
RBC Real Estate Finance, Inc. – Application No(s). Finance 230-2012 through 235-2012 – 9719 Tenaya Way, Kelseyville, CA (APN 043-732-060), 5611 Ponca Way, Kelseyville, CA (APN 430-102-010), 9972 El Dorado Way, Kelseyville, CA (APN 043-722-060), 10204 Del Monte Way, Kelseyville, CA (APN 043-603-160), 4851 Cascade Way, Kelseyville, CA (APN 043-683-080), 9931 Fairway Dr., Kelseyville, CA (APN 043-573-030) - Neither owner nor representation were present. Vice Chair Comstock confirmed staff's attempt at notification. Staff stated that the certified letter was not picked up by appellant.
On Motion of Member Rushing, and by vote of the Board (4 ayes, Member Farrington was ABSENT), denied the appeals without prejudice that had not been withdrawn or that the appeal hearing had not been waived.
Clerk’s notes: The Board adjourned and reconvened as the Lake County Board of Equalization.
Assessor-Recorder Doug Wacker, Chief Deputy Assessor-Recorder Debbie Olson and Administrative Assistant Sara Shucart were present and sworn in by the Clerk.
9. Non-Timed Items
9.1Supervisors’ weekly calendar, travel and reports
9.2Consideration of Continuation of Proclamation of Emergency Declaration for Drought Conditions.
Proclamation
approved — Pass
Carried 4-0 — moved by Comstock (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: absent Rushing: aye Smith: aye
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:
Clerk’s notes: Emergency Services Manager Marisa Chilafoe presented the item to the Board.
Chair Rushing asked if there was anyone present wishing to speak. No one present wished to speak and the public input portion of this item was closed.
9.3Consideration of Advisory Board appointments.
Appointment
approved — Pass
Carried 4-0 — moved by Smith (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: absent Rushing: aye Smith: aye
Carried 3-1 — moved by Comstock (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Rushing: nay Smith: aye
Brown: aye Comstock: aye Farrington: absent Rushing: nay Smith: aye
On motion of Supervisor Smith, and by vote of the Board, appointed Christopher J. Musser to County Service Area No.2 - Spring Valley Advisory Board. The motion carried by the following vote:
Clerk’s notes: The Board reviewed the application of Christopher J. Musser for County Service Area No.2 - Spring Valley Advisory 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.
9.4Consideration of Irrevocable Offer of Dedication for Roadway and Public Utility Purposes and Approval and authorization for the Chair to sign the Resolution for the Summary Vacation of a portion of Konocti Road (CR#518)
Action Item
approved — Pass
On motion of Supervisor Brown, and by vote of the Board (4 ayes, Supervisor Farrington was ABSENT), accepted the irrevocable offer of dedication for roadway/public utility purposes.
Supervisor Brown offered Resolution No. 2014-131, and it was passed by roll call vote (4 ayes, Supervisor Farrington was ABSENT).
Clerk’s notes: Public Works County Surveyor Gordon Haggit 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.
9.5Advanced from November 4, 2014 - SECOND READING - Consideration of Ordinance Separating the Water Rate Charges from the Construction Charges and Fees for CSA #21, North Lakeport Water.
Ordinance
Supervisor Smith offered Ordinance No. 3015, and it was passed by roll call vote (4 ayes, Supervisor Farrington was ABSENT).
Clerk’s notes: Chair Rushing announced this was the second reading for the proposed ordinance and asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
9.6Advanced from November 4, 2014 - SECOND READING - Consideration of Ordinance Amending the Construction Charges and Fees for CSA #21, North Lakeport Water.
Ordinance
Supervisor Brown offered Ordinance No. 3016, and it was passed by roll call vote (4 ayes, Supervisor Farrington was ABSENT).
Clerk’s notes: Chair Rushing announced this was the second reading for the proposed ordinance and asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
9.7Advanced from November 4, 2014 - SECOND READING - (Sitting as the Lake County Sanitation District Board of Directors) - PUBLIC HEARING - Consideration of Ordinance Amending Sections 706A and 706B of the Sewer Use Ordinance Pertaining to Sewer Capacity Expansion Fees for Connections to the Northwest and Southeast Regional Wastewater Facilities.
Public Hearing
Director Smith offered Ordinance No. 3017, and it was passed by roll call vote (4 ayes, Supervisor Farrington was ABSENT).
Clerk’s notes: Sitting as the Lake County Sanitation District Board of Directors - Director Rushing announced this was the second reading for the proposed ordinance and asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
9.8Advanced from November 4, 2014 - SECOND READING - (Sitting as the Lake County Sanitation District Board of Directors) - PUBLIC HEARING - Consideration of Ordinance Adding Sections 706A.1 and 706B.1 to the Sewer Use Ordinance Pertaining to Sewer Collection System Capacity Fees for Connections to the Northwest and southeast Regional Wastewater Facilities.
Public Hearing
Director Smith offered Ordinance No. 3018, and it was passed by roll call vote (4 ayes, Supervisor Farrington was ABSENT).
Clerk’s notes: Sitting as the Lake County Sanitation District Board of Directors - Director Rushing announced this was the second reading for the proposed ordinance and asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
9.9Consideration of Contracts with Lake County Waste Solutions and South Lake Refuse and Recycling for Solid Waste Handling and Recycling Services.
Agreement
Clerk’s notes: This item was carried over to December 2, 2014 @ 10am
9.10Consideration of Final Actions Relative to Eastlake Landfill Gas Project: a) Change Order No. 3; b) Resolution Amending Resolution No. 2014-111 to Amend the FY 2014-15 Adopted Budget by Adjusting Fund Balance Carry Over and Reducing Contingencies; c) Resolution Authorizing the Public Services Director to Sign a Notice of Completion For Work Performed Under Agreement For Construction of the Landfill Gas Collection and Control System.
Action Item
approved
(a) On motion of Supervisor Smith, and by vote of the Board (4 ayes, Supervisor Farrington was ABSENT), approved final reconciling change order for the Landfill Gas Collection and Control System (Bid No. 13-11), an additional amount of $6,509.50 for a total construction cost of $1,175,453.50 and authorize the Public Services Director to sign.
(b) Supervisor Smith offered Resolution No. 2014-132, and it was passed by roll call vote (4 ayes, Supervisor Farrington was ABSENT).
(c) Supervisor Smith offered Resolution No. 2014-133, and it was passed by roll call vote (4 ayes, Supervisor Farrington was ABSENT).
Clerk’s notes: Public Services Director Caoline Chavez 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.
9.11Consideration of Task Force Agreement between the Lake County Sheriff's Office and DEA Task Force Group (Oakland).
Report
approved — Pass
Carried 4-0 — moved by Smith (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: absent Rushing: aye Smith: aye
On motion of Supervisor Smith, and by vote of the Board, approved the Agreement between the Lake County Sheriff's Office and DEA Task Force Group (Oakland). The motion carried by the following vote:
Clerk’s notes: Interim Undersheriff Macedo presented the item to the Board.
Chair Rushing asked if anyone present wished to speak and Thomas Wahl spoke. No one else present wished to speak and the public input portion of this item was closed.
9.12Consideration of Resolution approving an application for funding and the execution of a grant agreement and any amendments thereto with the Board of State and Community Corrections for Edward Bryne Memorial Justice Assistance Grant (JAG) Program funds to implement Recidivism Reduction Program.
Resolution
approved
Supervisor Smith offered Resolution No. 2014-134, and it was passed by roll call vote (4 ayes, Supervisor Farrington was ABSENT).
Clerk’s notes: Interim Undersheriff Macedo 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.
9.13Consideration of letter of support for the proposal to locate a Bureau of Land Management Field Office in Lake County.
Action Item
approved — Pass
Carried 4-0 — moved by Comstock (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: absent Rushing: aye Smith: aye
On motion of Supervisor Comstock, and by vote of the Board, approved the letter of support for proposal to locate a Bureau of Land Management field office in Lake County. The motion carried by the following 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.
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, DSA, LCCOA, LCEA and LCSEA
10.2Public Employee Performance Evaluations
Title: County Counsel
Title: Health Services Director
Closed Session Item