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
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
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
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
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
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
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
(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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.