Board Of Supervisors — Tuesday, March 1, 2016
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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
6.1Approval of Contract Change Order No. 2 for Highland Springs Road at Highland Creek Bridge Replacement Project, Federal Project No. BRLO-5914(071); Bid No.15-02, in the Amount of $7,896.24 and Revise Contract Amount to $877,860.11.
Action Item
approved — Pass
Carried 5-0 — moved by Farrington (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
On motion of Supervisor Farrington, and by vote of the Board, approved Change Order No. 2 for the Highland Springs Road at Highland Springs Bridge Replacement Project, Federal Project No. BRLO-5914(071); Bid No.15-02, in the amount of $7,896.24 for a revised contract amount of $885,756.35 and authorized the Chair to sign. The motion carried by the following vote:
Clerk’s notes: Public Works Director Scott DeLeon presented the item to the Board. It was noted that the revised contract amount should be $885,756.35 and not $877,860.11 as listed on the Agenda.
Chair Brown asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.2Approval of Contract Change Order No. 3 for Highland Springs Road at Highland Creek Bridge Replacement Project, Federal Project No. BRLO-5914(071); Bid No.15-02, for a Decrease of $19,401.60 and a Revised Contract Amount of $866,354.75
Action Item
approved — Pass
Carried 5-0 — moved by Farrington (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
On motion of Supervisor Farrington, and by vote of the Board, approved Change Order No. 3 for Highland Springs Road at Highland Creek Bridge Replacement Project, Federal Project No. BRLO-5914(071); Bid No.15-02, for a decrease of $19,401.60 and a revised contract amount of $866,354.75 and authorized the Chair to sign. The motion carried by the following vote:
Clerk’s notes: Public Works Director Scott DeLeon presented the item to the Board.
Chair Brown asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7. Approval of the Consent Agenda
7.1Approve Minutes of the Board of Supervisors Meetings Held February 23, 2016, February 16, 2016 and January 26, 2016.
Minutes
pulled on consent
approved — Pass
Carried 5-0 — moved by Smith (recovered from the archived minutes)
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 the minutes of the Board of Supervisors meetings held February 16, 2016 and February 23, 2016. The motion carried by the following vote:
Clerk’s notes: This item was pulled and taken up immediately after the approval of the Consent Agenda. The minutes for the Board of Supervisors meeting held January 26, 2016 were not ready for approval.
7.2Approve Out of State Travel to Greensboro, North Carolina From March 20, 2016 Through March 25, 2016 for Sherylin Taylor, PHN, Public Health Nursing Director, Public Health Division, to Attend Robert Wood Johnson Foundation's Public Health Nurse Leaders Program (PHNLs).
Action Item
passed on consent
7.3Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and Fee Title on a Portion of a Certain Parcel (APN 008-664-010) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.
Resolution
passed on consent
7.4Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement on a Portion of a Certain Parcel (APN 008-664-120 ) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.
Resolution
passed on consent
7.5Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement on a Portion of a Certain Parcel (APN 242-042-010 ) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.
Resolution
passed on consent
7.6ERRATUM - Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and fee title on a Portion of a Certain Parcel (APN 242-041-010 ) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.
Resolution
passed on consent
7.7ERRATUM - Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and fee title on a Portion of a Certain Parcel (APN 242-041-020 ) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.
Resolution
passed on consent
7.8Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and Fee Title on a Portion of a Certain Parcel (APN 013-031-240) as Part of Bridge Replacement Project on Dry Creek Road, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.
Resolution
passed on consent
7.9Adopt Resolution Approving an Agreement for the Purchase of Fee Title on a Portion of a Certain Parcel (APN 050-471-150) as Part of Bridge Replacement Project on Foard Road, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.
Resolution
passed on consent
7.10Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and Fee Title on a Portion of a Certain Parcel (APN 050-471-090) as Part of Bridge Replacement Project on Foard Road, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.
Resolution
passed on consent
7.11Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and Fee Title on a Portion of a Certain Parcels (APN 050-471-100 & 140) as Part of Bridge Replacement Project on Foard Road, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.
Resolution
passed on consent
7.12Adopt Resolution Approving an Agreement for the Purchase of Fee Title of a Certain Parcel (APN 050-471-080) as Part of Bridge Replacement Project on Foard Road, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents
Resolution
passed on consent
approved — Pass
Carried 5-0 (recovered from the archived minutes)
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 7.2 through 7.12. The motion carried by the following vote:
8. Timed Items
8.19:05 A.M. - Public Input
Clerk’s notes: There was no public input.
8.29:15 A.M. - Consideration of Continuing the Proclamation of a Local Health Emergency by the Lake County Health Officer.
Proclamation
approved — Pass
Carried 5-0 — moved by Comstock (recovered from the archived minutes)
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 Heath Emergency by the Lake County Health Officer. The motion carried by the following vote:
Clerk’s notes: Lake County Health Officer Dr. Karen Tait presented the item to the Board.
Chair Brown asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.39:20 AM - Swearing in of New Correctional Officer Saul Arizmendi.
Ceremonial Item
Clerk’s notes: Sheriff Martin introduced new Correctional Officer Saul Arizmendi and administered the Oath of Office. Mr. Arizmendi's family members were present for the ceremony. The Board of Supervisors congratulated and welcomed Officer Arizmendi.
8.410:00 AM - Consideration of and Presentation by Tuleyome Regarding the Support for Purchase of the Silver Spur Ranch.
Action Item
approved — Pass
Carried 5-0 — moved by Steele (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
On motion of Supervisor Steele, and by vote of the Board, approved the letter of support for the Purchase of the Silver Spur Ranch. The motion carried by the following vote:
Clerk’s notes: Bob Schneider presented the item to the Board.
Chair Brown asked if anyone present wished to speak and the following people spoke: Victoria Brandon and Tom Nixon. No one else wished to speak and the public input portion of this item was closed.
8.510:05 AM - Consideration of and Presentation by Tuleyome Regarding the Establishment of a Northern Coast Range Inner Coastal Conservancy.
Action Item
approved — Pass
Supervisor Steele offered the Resolution and it was passed by roll call vote:
Clerk’s notes: Supervisor Steele introduced the item. Bob Schneider presented the item to the Board.
Chair Brown asked if anyone present wished to speak and the following people spoke: Victoria Brandon and Tom Smythe. No one else wished to speak and the public input portion of this item was closed.
9. Non-Timed Items
9.1Supervisors’ weekly calendar, travel and reports
9.2Recovery Update from Staff, Assisting Agencies and/or Community Groups, Consequent to 2015 Wildland Fires
Report
Clerk’s notes: Chair Brown gave the update as Disaster Recovery Coordinator Carol Huchingson was not available. The survey engagement reported 55% of Valley Fire Survivors planned to rebuild, 25% were unsure and remaining 20% would not rebuild.
Environmental Health Director Ray Ruminski reported that the continued debris removal with CalRecycle has scaled down. CalRecycle is following up on damage claims and working through punch lists. The County is working with commercial property owners as CalOES will not fund those efforts. Community Development is working on nuisance abatements for properties which the owners have elected to do nothing.
Community Development Director Richard Coel stated that over 70 permits have been issued to rebuild on private property. FEMA has placed over 30 mobile homes on private property.
Public Works Director Scott DeLeon informed that crews are on their second week of hazardous tree removal on private properties which jeopardize road right of way. There are a total of 459 parcels with such conditions, 85 of which have been complete and a total of 196 Right of Entry forms that have not been returned.
Chair Brown asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
9.3Consideration of Continuing the Proclamation of Emergency Declaration for Wildfire Conditions
Proclamation
approved — Pass
Carried 5-0 — moved by Comstock (recovered from the archived minutes)
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 Emergency Declaration for Wildfire Conditions. The motion carried by the following vote:
Clerk’s notes: The item was self explanatory and staff was not called upon to present.
Chair Brown asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
9.4Consideration of Use of County Property for a Dormitory for Work Crews Engaged in Rebuilding Homes for Valley Fire Survivors
Action Item
There was Board consensus to bring back proposed property options on March 15, 2016.
Clerk’s notes: Hope City representative Kevin Cox presented the nonprofit's plan to rebuild 140 homes for the Valley Fire. Their organization is requesting a location to build a dormitory structure to occupy for 3 - 5 years while the rebuild takes place. A barn style diagram was proposed for the structure. There would also be a need for RV hookups on the property. Shelly Mascari from Team Lake County also spoke, as well as Interim Public Services Director Kim Clymire. The structure to be built could ultimately serve as a 4H camp and/or event center. There was also discussion of said facility possibly being used as disaster shelter if necessary.
Community Development Director Richard Coel reiterated that the structure intending to be built by Hope City would still need to meet California Environmental Quality Act (CEQA) requirements and would be subject to building compliance codes.
Chair Brown asked if anyone present wished to speak and the following people spoke: Mike Dunlap, Jose Simon III, and Tracy Boyle. No one else present wished to speak and the public input portion of this item was closed.
9.5Consideration of various proposals to restructure the Public Works, Public Services, and Water Resources Departments
Action Item
approved with conditions — Pass
Carried 5-0 — moved by Smith (recovered from the archived minutes)
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 initiate recruitment for Public Services Director and leave all departments as is. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Matt Perry presented the Board with 6 different options and their fiscal impacts. Public Works Director Scott DeLeon, Interim Public Services Director Kim Clymire, and Assistant Public Works Director Lars Ewing also spoke.
Chair Brown asked if anyone present wished to speak and the following people spoke: Tom Nixon, Mike Dunlap and Victoria Brandon. No one else present wished to speak and the public input portion of this item was closed.
9.6Consideration of the Following Appointments:
Lake County/City Areawide Planning Council
Action Item
approved — Pass
Carried 5-0 — moved by Farrington (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
On motion of Supervisor Farrington, and by vote of the Board, appointed Rachelle Damiata to the Lake County/City Areawide Planning Council. The motion carried by the following vote:
Clerk’s notes: Chair Brown asked if anyone present wished to speak and Martin Scheel spoke. No one else wished to speak and the public input portion of this item was closed.
9.7Consideration of Request for Staff Direction to Prepare a Revised Ordinance Regarding Regulations of Taxicabs in Lake County
Action Item
There was Board consensus to have County Counsel work with the Community Develpment Department and the Sheriff's office with regard to permitting and background and submit revised ordinance to the Board.
Clerk’s notes: County Counsel Anita Grant presented the item to the Board. Community Development Director Richard Coel also spoke.
Chair Brown asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
9.8(Continued from February 23, 2016, February 16, 2016, February 2, 2016, January 19, 2016 and December 1, 2015) - Consideration of (a) Pole Attachment Agreement between the County of Lake and Pacific Bell Telephone Company; and (b) Amendment to Tower and Ground Space License Agreement between U.S. Cellular Corporation, New Cingular Wireless PCS, LLC, and the County of Lake
Agreement
This item was carried over to March 15, 2016.
Clerk’s notes: Interim Chief Deputy County Administrative Officer Jeff Rein informed the Board that the County issues have been resolved but AT&T and Crown have not yet come to an agreement, therefore final documents are not available. County Counsel Anita Grant reported that the insurance indemnifications of the County have also been resolved. Mr. Rein requested that the Item be carried over to the March 15, 2016 meeting.
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 Sec. 54956.9(d)(1): Lakeside Heights HOA, et al. v. County of Lake, et al.
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
Motion carried
Carried 4-0 — moved by Smith
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
On motion of Supervisor Smith, and by vote of the Board, approved the County's filing of an amicus brief against the Director of the California Department of State Hospitals. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele and Brown
Absent: Supervisor Farrington
10.4Public Employee Appointment pursuant to Gov. Code Section 54957(b)(1): Appointment of Interim Social Services Director.
Closed Session Item
approved
Carried 4-0 — moved by Smith
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
On motion of Supervisor Smith, and by vote of the Board, appointed Kathy Maes as Interim Social Services Director effective April 2, 2016. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele and Brown
Absent: Supervisor Farrington