Board Of Supervisors — Tuesday, August 11, 2015
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1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Non-Timed Items
4.1Discussion/Consideration of County policies and actions to address recovery from the Rocky Fire, including but not limited to, the following:
(a) Debris removal and environmental remediation in burn areas
(b) Building permit waivers and any other policies to assist fire victims
(c) Temporary shelters for fire victims
(d) Resolution amending the FY 15-16 Recommended Budget to appropriate funds for fire response and recovery
Action Item
Motion carried · 5 motions
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
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
Carried 5-0
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 Smith
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 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, directed staff to pursue a comprehensive plan initiated by a master contract with CalRecycle for debris removal (option 2), contigent upon receiving State funding under the California Disaster Assistance Act. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele, Brown and Farrington
On motion of Supervisor Smith, and by vote of the Board, confirmed the existence of a local public health emergency. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele, Brown and Farrington
On motion of Suervisor Smith, and by vote of the Board, waived the requirement to follow competitive bidding requirements as it is not in the publics interest during this time of a locally declared state of emergency. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele, Brown and Farrington
On motion of Supervisor Smith, and by vote of the Board, authorized the County Administrative Officer, as Purchasing Agent, to execute contracts associated with debris removal. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele, Brown and Farrington
On motion of Supervisor Smith, and by vote of the Board, declared existence of a local public health emergency. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele, Brown and Farrington
There was direction to staff to pursue a policy regarding waiving building permit fees and present to the Board for formal adoption at the next Board meeting.
There was Board consensus for Social Services Director Carol Huchingson to move forward as outlined in staffs memorandum to the Board.
Supervisor Steele offered the amended Resolution (Reso. No. 2015-108), amending approved recommended budget for FY 2015-16 to establish budget unit 1920 - Disaster Response and Recovery and to appropriate money in budget unit 1920, and it was passed by roll call vote:
Ayes: Supervisors Comstock, Smith, Steele, Brown and Farrington
Clerk’s notes: County Administrative Officer Matt Perry presented an update to the Board regarding the Rocky Fire which began July 29, 2015, stating over 69,000 acres have burned, 43 residents and 53 outbuildings destroyed and/or damaged.
The County has received a Federal Management Assistance Grant (FMAG) which will pay 75% of response costs. We are still awaiting confirmation of State funding which would pay 75% of the remaining 25% not covered by FMAG.
Shawn Smith from the Governors Office of Emergency Services spoke regarding the California Disaster Assistance Act being an emergency protective measure due to the health threats to the general public. Funds are provided in advance, rather than on a reimbursement basis. Mr. Smith suggested the Board direct staff to draft the debris removal policy for approval at the next Board meeting, to ensure a plan is in place when monies are awarded. The debris removal is estimated to be a $4-5 million job. Under the CDAA there is also an allocation of 10% towards administrative costs (estimated $500,000).
(a) Mr. Perry reported that the remains of structures in the burn areas contain hazardous materials and it is very important that sites be cleaned up properly and as soon as possible. There are two options for debris management:
Option 1) Residents/Property owners remove with oversight from Environmental Health Department, albeit minimal as staffing is limited. There are health risks to this option, as Environmental Health will not be able to oversee all activity. If a property owner does not remove burned remains, Code Enforcement will need to issue Order to Abate and those costs will be absorbed by the County until they can be recovered from property owners (if ever). It is likely that several structures in the burn area were unpermitted, possibly uninsured (Local Assistance Center is collecting such information).
Option 2) California Disaster Assistance Act funding would cover 100% of debris removal. While this option is the highest cost, it ensures proper cleanup and protection to the public health and safety. Right of Entry forms would need to be obtained by property owners. Staff has drafted an agreement. Code Enforcement efforts would be initiated if property owners fail to comply.
County Counsel Anita Grant confirmed the Board may consider action of either option for debris removal and environmental remediation under the proclamation of the local health emergency, as it speaks to those issues.
Mr. Perry informed the Board that a Declaration of a Local Health Emergency by the Lake County Health Officer is a requirement in order to be eligible for the State funding.
Dr. Karen Tait presented the proclamation of a local health emergency for the Boards consideration, which is required in order to apply for State funding assistance of debris removal. Health Services Director Jim Brown spoke. Environmental Health Director Ray Ruminski was present and also spoke in regard to debris removal.
Because some agencies have offered a fee waiver for building permits during circumstances like these, Community Development Director Richard Coel has drafted a preliminary policy in regard to this, however staff is not asking the Board to act on this today as specifics still need to be refined further. The waiver would only be for permitted structures (unless original construction pre-dates requirements for permit) and only for a limited period of time (6-12 months). Supervisor Brown had concerns of broad exceptions and whether language should be incorporated regarding reimbursement from insurance companies.
(b) Principal Planner Audrey Knight presented a damage assessment report to the Board.
(c) Social Services Director Carol Huchingson gave a staff report to the Board in regard to the Local Assistance Center activity and temporary shelter plans. Ms. Huchingson would like to establish a long-term care committee which would include many of the governmental agencies already involved, as well as develop a committee to determine a process for applying for funds established at the Mendo-Lake Credit Union ($10,000 so far).
(d) County Administrative Officer Matt Perry presented the item to the Board. There were two Resolution options presented to amend the budget.
Chair Farrington asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.