Board Of Supervisors — Tuesday, November 3, 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 Designating Applicant’s Agent for Federal Funding for the Valley Fire and any other disasters for a three year period.
Resolution
passed on consent
7.2Adopt Resolution Pertaining to Tax Revenue Exchange Between the County of Lake and Clearlake Oaks County Water District (CSA #16 Paradise Valley Annexation)
Resolution
passed on consent
7.3Approve Minutes of the Board of Supervisors meetings held October 27, 2015, August 5, 2014 and July 22, 2014.
Minutes
passed on consent
7.4Adopt Resolution Appointing Directors of Certain Special District Boards in Lieu of Holding a General District Election on November 3, 2015.
Resolution
passed on consent
7.5Approval for the purchase of Rims Mapping and Rims Mobile computer software, to enhance the Sheriff's existing software suite.
Action Item
passed on consent
Motion carried
Carried 5-0 — moved by Smith
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
On motion of Supervisor Smith, and by vote of the Board, approved Consent Agenda items 7.1 through 7.5. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington
7.6Approval of the FY15 Homeland Security Grant assurances and to approve the County Administrative Officer to sign
Action Item
pulled on consent
Motion carried
Carried 5-0 — moved by Smith
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
On motion of Supervisor Smith, and by vote of the Board, approved revised FY15 Homeland Security Grant assurances and authorized the Chair to sign. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington
Clerk’s notes: County Counsel Anita Grant presented the revised Grant Assurances authorizing the County Administrative Officer to sign.
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.
8. Timed Items
8.19:05 A.M. - Public Input
Clerk’s notes: Public Input: Dante DeAmicis and Kim Carr
8.29:06 A.M. - Consideration of Continuing the Proclamation of a Local Health Emergency by the Lake County Health Officer.
Proclamation
approved
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
On motion of Supervisor Comstock, and by vote of the Board, continued the Proclamation of a Local Health Emergency by the Lake County Health Officer. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington
Clerk’s notes: Lake County Health Officer Dr. Karen Tait presented the item to the Board. Environmental Health Director Ray Ruminski provided a report in regard to clean up figures.
Chair Farrington asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.39:10 A.M. - Acceptance of $10,000 Donation from CalPine for Search and Rescue operations.
Action Item
This item was continued to November 17, 2015 at 9:10 a.m.
8.49:15 A.M. - Frank Aebly - Upper Lake District Ranger - Report/Update
Report
This item was informational only. No action was requested of the Board.
Clerk’s notes: Chair Farrington introduced Upper Lake District Ranger Frank Aebly, who gave a report to the Board.
Chair Farrington asked if anyone present wished to speak and the following people spoke: Heather Powers and Anne Praine. No one else wished to speak and the public input portion of the item was closed.
8.59:20 A.M. - HEARING - Nuisance Abatement Assessment confirmation and proposed recordation of Notice of Lien in the amount of $1,864.73, for 6326 Eleventh Ave, Lucerne CA (APN 034-152-48 - Buck Cooper and Quinna Cooper)
Action Item
approved
Carried 4-0 — moved by Steele
Brown: aye Comstock: absent Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: absent Farrington: aye Smith: aye Steele: aye
On motion of Supervisor Steele, and by vote of the Board, confirmed the assessment of $1,864.73 for nuisance abatement on property located at 6326 Eleventh Ave, Lucerne CA, also known as Assessors Parcel Number 034-152-48, and owned by Buck & Quinna Cooper and directed the Enforcement Official to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $1,864.73 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43. The motion carried by the following vote:
Ayes: Supervisors Smith, Steele, Brown, and Farrington
Absent: Supervisor Comstock
Clerk’s notes: Community Development Director Richard Coel was sworn in by the Clerk. Neither the property owner nor a representative was present.
Chair Farrington opened the hearing and Mr. Coel presented the staff report. No one else present wished to speak the the hearing was closed.
8.69:30 A.M. - HEARING - Nuisance Abatement Assessment confirmation and proposed recordation of Notice of Lien in the amount of $1,997.01, for 7095 Fairview Dr, Kelseyville CA (APN 045-151-01 -The Bank of New York Mellon)
Action Item
approved
Carried 4-0 — moved by Brown
Brown: aye Comstock: absent Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: absent Farrington: aye Smith: aye Steele: aye
On motion of Supervisor Brown, and by vote of the Board, confirmed the assessment of $1,997.01 for nuisance abatement on property located at: 7095 Fairview Dr, Kelseyville, CA, also known as Assessors Parcel Number 045-151-01, and owned by The Bank of New York Mellon and directed the Enforcement Official to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $1,997.01 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43. The motion carried by the following vote:
Ayes: Supervisors Smith, Steele, Brown, and Farrington
Absent: Supervisor Comstock
Clerk’s notes: Community Development Director Richard Coel was sworn in by the Clerk. Neither the property owner nor a representative was present.
Chair Farrington opened the hearing and Mr. Coel presented the staff report. No one else present wished to speak the the hearing was closed.
8.79:40 A.M. - HEARING - Nuisance Abatement Assessment confirmation and proposed recordation of Notice of Lien in the amount of $9,396.65, for 3120 Cherry St, Nice CA (APN 031-201-06 - Margaret Yates)
Action Item
approved
Carried 4-0 — moved by Steele
Brown: aye Comstock: absent Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: absent Farrington: aye Smith: aye Steele: aye
On motion of Supervisor Steele, and by vote of the Board, confirmed the assessment of $9,396.65 for nuisance abatement on property located at 3120 Cherry St Nice, CA, also known as Assessors Parcel Number 031-201-06, and owned by Margaret Yates and directed the Enforcement Official to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $9,396.65 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43. The motion carried by the following vote:
Ayes: Supervisors Smith, Steele, Brown, and Farrington
Absent: Supervisor Comstock
Clerk’s notes: Community Development Director Richard Coel was sworn in by the Clerk. Neither the property owner nor a representative was present.
Chair Farrington opened the hearing and Mr. Coel presented the staff report. No one else present wished to speak the the hearing was closed.
8.89:50 A.M. - HEARING - Nuisance Abatement Assessment confirmation and proposed recordation of Notice of Lien in the amount of $2,228.90, for 6815 Kelsey Creek, Kelseyville CA (APN 007-014-39 -John Vaikasas)
Action Item
approved
Carried 3-0 — moved by Smith
Brown: aye Comstock: absent Farrington: abstain Smith: aye Steele: aye
Brown: aye Comstock: absent Farrington: abstain Smith: aye Steele: aye
On motion of Supervisor Smith, and by vote of the Board, confirmed the assessment of $2,228.90 for nuisance abatement on property located at 6815 Kelsey Creek Drive, Kelseyville, CA, also known as Assessors Parcel Number 007-014-39, and owned by John Vaikasas and directed the Enforcement Official to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $2,228.90 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43. The motion carried by the following vote:
Ayes: Supervisors Smith, Steele, and Brown
Absent: Supervisor Comstock
Abstain: Supervisor Farrington
Clerk’s notes: Chair Farrington recused himself and passed the gavel to Vice-Chair Brown.
Community Development Director Richard Coel was sworn in by the Clerk. Neither the property owner nor a representative was present.
Vice-Chair Brown opened the hearing and Mr. Coel presented the staff report. No one else present wished to speak the the hearing was closed.
8.910:00 A.M. - Presentation of Lake County Library 2014/15 Annual Report from the Library Advisory Board
Report
This item was informational only. No action was requested of the Board.
Clerk’s notes: County Librarian Christopher Veach presented the report 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.
8.1011:00 A.M. ASSESSMENT APPEAL HEARING: (Sitting as the Lake County Local Board of Equalization)
Melinda Young - Application No. 37-2013 - 13537 Santa Clara Ave., Clearlake, CA (APN 037-321-360)
Peterson Tractor - Application No. 96-2013 - 2710 Eastlake Dr., Kelseyville, CA (APN 044-212-250)
Mark & Debra Watson - Application Nos. 102-2013 & 104-2013 - 3585 Highland Springs Rd., Lakeport, CA (APN 008-020-320), 850 Mathews Rd., Lakeport, CA (APN 008-020-340)
Action Item
Adopted
Carried 4-0
Brown: aye Comstock: absent Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: absent Farrington: aye Smith: aye Steele: aye
Melinda Young - Application No. 37-2013 - 13537 Santa Clara Ave., Clearlake, CA (APN 037-321-360) - Neither Ms. Young nor a representative were present. The Board confirmed timely notification of the hearing.
On motion of Member Smith, and by vote of the Board, denied the appeal without prejudice. The motion carried by the following vote:
Ayes: Members Smith, Steele, Brown, and Farrington
Absent: Member Comstock
Peterson Tractor - Application No. 96-2013 - 2710 Eastlake Dr., Kelseyville, CA (APN 044-212-250) - These appeals were not taken up as a waiver was received by the appellant.
Mark & Debra Watson - Application Nos. 102-2013 & 104-2013 - 3585 Highland Springs Rd., Lakeport, CA (APN 008-020-320), 850 Mathews Rd., Lakeport, CA (APN 008-020-340) - These appeals were not taken up as a waiver was received by the appellant.
Clerk’s notes: Assessor-Recorder Richard Ford and Chief Deputy Assessor-Recorder Debbie Olson were sworn in by the Clerk.
9. Non-Timed Items
9.1Supervisors’ weekly calendar, travel and reports
9.2Status Reports/Updates of response and recovery efforts from OES, assisting agencies and/or community groups consequent to 2015 wildland fires.
Clerk’s notes: Recovery Coordinator Carol Huchingson gave an update to the Board. She announced that the long term recovery task force would be holding it's first meeting tonight. It is a public meeting, with the first portion covering updates from the various agencies involved, and the second portion covering public input and questions. Since they are expecting so many people to show up, the public input would initially focus on survivors, with others to follow as time permits. These meetings will be taking place on a weekly basis.
Ms. Huchingson also announced that she is in the process of establishing office hours in Middletown, most likely at the Gibson Museum, and an announcement will be made once the agreement is finalized. She reported that there are approximately 50 families staying at Konocti Harbor as well as some still in tents at the Hidden Valley Lake campground. Ms. Huchingson stated that the County's agreement with the campground ended some time ago but they are still letting people stay there for free.
Supervisor Brown stated that he had been in contact with a few of the families from the Hidden Valley campgrounds who do not wish to relocate to Konocti Harbor as this would be an inconvenience for their children who attend school in Middletown. Mr. Brown is exploring other options for them. He stated that Middletown School District has offered to bus the kids from Konocti to Middletown, but even with that option he was unable to convince them.
Ms. Huchingson also reported that she has received reports of rental price gouging of rental properties and intends to investigate.
Community Development Director Richard Coel clarified that FEMA contractors installing manufactured units are still required to obtain proper permits. He said his department has had property owners showing up trying to get permits. However, FEMA requires that the FEMA contractor who is installing the manufactured unit acquire the permit and then the County will perform a site inspection. These permits are being processed very quickly, usually right at the counter with the inspection being done the next day.
Ms. Huchingson reported that the Auditors office is tracking all of the projects being done and so far the cost is around $10 million. She also spoke on donations, saying that the County had a large warehouse full of donations as well as several distribution centers.
Chair Farrington asked if anyone present wished to speak and the following people spoke: Kimberly Carr, Joan Moss, Anne Praine, and Greg Scott. No one else wished to speak and the public input portion of the item was closed.
9.3Consideration of an Ordinance Amending Article I of Chapter 6 of the Lake County Code Relating to Emergency Organization and Functions.
Ordinance
approved
On motion of Supervisor Brown, and by vote of the Board (5 ayes) advanced the Ordinance two weeks to November 17, 2015, at 9:30 a.m.
Clerk’s notes: County Administrative Officer Matt Perry presented the item to the Board. Sheriff Brian Martin was present and also spoke.
Chair Farrington asked if anyone present wished to speak and the following people spoke: Joan Moss and Mike Dunlap. No one else wished to speak and the public input portion of the item was closed.
9.4Consideration of Resolution Amending the County of Lake's Salary and Classification Plan to Adjust the Salary of the Classification of Emergency Services Manager.
Resolution
Adopted
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.
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 Resolution Amending Resolution No. 2015-119 to Amend the FY 2015-16 Adopted Budget to Adjust Appropriations in Budget Units 1014, 2201 and 2303 and to Amend Resolution No.. 2015-120 to Amend the Position Allocation for FY 2015-16 in Budget Units 1014 and 2201.
Resolution
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.
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.
9.6Consideration of staff recommendation to rescind Ordinance No. 3034, Urgency Interim Ordinance Authorizing a Temporary Deferral of Certain Provisions of Section 21-27.3, Subdivision (P)
Action Item
approved
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
On motion of Supervisor Comstock, and by vote of the Board, rescinded Ordinance No. 3034, Urgency Interim Ordinance Authorizing a Temporary Deferral of Certain Provisions of Section 21-27.3, Subdivision (P). The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington
Clerk’s notes: Community Development Director Richard Coel presented the item to the Board.
Chair Farrington asked if anyone present wished to speak and the following people spoke: Allen Gardner, Anne Praine, Joan Moss, and Kimberly Carr. No one else 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
10.2Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code Section 54956.9(d)(1): Lakeside Heights HOA, et al. v. County of Lake
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 11:46 a.m. having taken no action.