The board will meet beginning at 9 a.m. Tuesday, Dec. 4, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport.
The meeting can be watched live on Channel 8 and online at https://countyoflake.legistar.com/Calendar.aspx. Accompanying board documents, the agenda and archived board meeting videos also are available at that link.
At 9:30 a.m., the board will hold a public hearing to consider draft ordinance No. 18-1007, adding Article VIII to Chapter 13 of the Lake County Code Regarding hazardous vegetation abatement in the county’s unincorporated portions. Properties in the cities of Clearlake and Lakeport would not be included.
The brief report on the item from County Counsel Anita Grant said the ordinance was initiated by Board Chair Jim Steele, whose term is up at the end of this year.
At its Nov. 6 meeting, the board considered a hazardous vegetation draft ordinance, No. 18-985, that appears to be identical to this newest ordinance.
The 16-page draft ordinance to be considered Tuesday cites the last several years of wildland fire disasters and the county’s anticipated participation in a community risk reduction authority as reasons to enact the new rules.
State law, specifically Public Resources Code section 4291, establishes defensible space requirements for owners of improved parcels who must maintain 100 feet – or to the limit of their property line – of defensible space around structures.
The draft ordinance states that Public Resources Code section 4291 may be extended beyond the property line by adoption of a local ordinance which applies specifically to unimproved parcels that are adjacent to improved properties “if an extra hazardous fire condition exists in that an owner of improved property is at risk because of fuel levels on an adjacent unimproved property and it is impossible for the improved property owner to obtain the full 100 feet of defensible space …”
The document’s findings and purpose acknowledges that Public Resources Code section 4291 “does not address hazardous vegetation abatement on unimproved parcels and the potential impact that hazardous vegetation on an unimproved parcel could have on an adjacent parcel.”
As such, the proposed ordinance seeks to “extend and supplement state law” in order to ensure defensible space is maintained on unimproved parcels adjacent to improved parcels – of five acres or less in residential areas – and along emergency access and evacuation routes, and fire access easements.
It requires removal of hazardous trees or vegetation within 100 feet of a structure – or greater as determined by the county fire official or their designated representative – as well as 100 feet from a neighboring property line or along roadways that are primary ingress and egress routes.
A minimum 10-foot-wide strip of land beyond the shoulder of roadways to a height to of 15 feet along an unimproved parcel’s boundary must be cleared.
If structures are built on a parcel after the ordinance goes into effect, the owner, occupant or any other person in control of that property shall be responsible for 50 percent of the abatement cost on the unimproved parcel.
The ordinance allows the “county fire official” to mandate larger areas of fuel management based on terrain and conditions.
Just who that county fire official would be is not stated, as the position is not included in the document’s definitions.
The county fire official is given significant authority and latitude for action in the ordinance. That individual can conduct voluntary compliance efforts and conduct inspections, send abatement letters, and even skip right to an administrative or criminal citation over abatement with some parcels.
Abatement letters will give property owners 30 calendar days from the notice of abatement to remove the vegetation. The letters will be delivered personally to the legal owners or by certified mail.
The ordinance includes an appeal process, with appeals to be submitted to the clerk of the Board of Supervisors within 30 days of the abatement notice, with a hearing to be held within 30 days of the appeal filing. The Board of Supervisors is the abatement hearing body.
If the parcel is abated, the costs – which can include everything from payments to a county fire protection district, costs for a contractor, site inspections and boundary determinations to measurements, clerical, personnal, consultants and other administrative costs – shall be charged to the property owner. If they don’t pay within 30 days of notification, the costs will be recorded against the property.
The ordinance also states that anyone who violates or fails to comply with it shall be guilty of a misdemeanor – unless the district attorney or county counsel decides to charge it as an infraction. Anyone convicted of a misdemeanor can face fines of between $100 and $1,000, up to a year in the county jail or both.
Infractions carry fines of $100 for a first violation, $200 for a second and $500 for each additional violation.
The ordinance also allows the county fire official to take civil action against property owners.
Also on the agenda Tuesday, in an untimed item, District Attorney Don Anderson is due to give a report on his expenditures in response to allegations of impropriety lodged against him by Supervisor Rob Brown.
The board had discussed the matter previously at its Nov. 20 meeting, which Anderson did not attend, as Lake County News has reported.
The full agenda follows.
CONSENT AGENDA
6.1: Approve Amendment to the Travel Policy Section 15 Subsection 4.1.C increasing the threshold for lodging expenses requiring county administrative officer approval from “in excess of $125 per night before taxes” to “in excess of $175 per night before taxes.”
6.2: Authorize the county administrative officer to execute side letters with Lake County Employee Association Units 3, 4, 5 and 10, Lake County Correctional Officers Association Unit 6, Lake County Deputy District Attorney Association Unit 8 and Lake County Deputy Sheriff Association Unit 16 to increase maximum monthly County contribution for insurance coverage from $800 per month to $1,000 per month for employees who enroll in a County sponsored medical, dental, vision insurance plan, effective Jan. 1, 2019.
6.3: Adopt Resolution of the Board of Supervisors of the County of Lake adopting an amended conflict of interest code for the county of Lake.
6.4: Adopt Resolution of the Board of Supervisors of the County of Lake approving conflict of interest codes of certain local agencies located wholly within the county.
6.5: Adopt resolution amending Resolution No. 2018-73, establishing position allocations for Fiscal Year 2018-2019, Budget Unit No. 1121, Auditor-Controller/County Clerk.
6.6: Adopt resolution authorizing the Konocti Unified School District to Issue its general obligation bonds, election of 2016, Series 2019, in an aggregate principal amount not to exceed $9,500,000 without further action of the Board of Supervisors or officers of the county.
6.7: Adopt resolution approving the application and certification statement for the State Department of Health Care Services, CMS Branch’s California Children’s Services Administration Plan Renewal Grant for FY 2018-2019 and authorize the board chair to sign said certification statement .
6.8: adopt resolution approving the application and certification statement for the State Department of Health Services, CMS Branch’s Child Health & Disability Program, Health Care Program for Children in Foster Care Program and monitoring oversight of foster children treated with psychotropic meds grant for fy 2018-2019 and authorize the board chair to sign said certification statement .
6.9: (a) Waive the competitive bid process under Ordinance No. 2406, Section 38.2 as it is not in the public interest due to the unique nature of the goods; and (b) approve the Special Districts administrator acting as the assistant purchasing agent to issue and sign a purchase order in an amount not to exceed $88,000 to Smith & Loveless Inc. for the purchase of a Everlast Series 1000 pumping station.
6.10: Adopt resolution authorizing the director of Watershed Protection District to sign a notice of completion for work performed under the agreement dated Sept. 6, 2018, for the Levee Patrol Road Gravel Repair Project. Bid No. 18-01.
6.11: Approve advance application submission of FY2019 State Homeland Security grant application in the amount of $139,563.
6.12: (a) Approve Submission of FY2018 State Homeland Security grant application in the amount of $139,563; (b) authorize the sheriff to sign the grant application and grants management assessment; and (c) authorize the chairman of the board or county administrative officer to sign the Grant Assurances, Governing Body Resolution and Federal Funding Accountability and Transparency Act financial disclosure.
6.13: Approve bid award to Rogue Jet Boatworks in the amount of $95,371 for the purchase of an aluminum patrol/rescue boat.
6.14: Approve the second amendment to the contract between the county of Lake and Regional Housing Authority for housing consultant services in the amount of $117,518, from July 1, 2017 to June 30, 2019, and authorize the chair to sign.
6.15: Adopt resolution amending the resolution establishing a geothermal impact mitigation fund and combining the Anderson Spring and Cobb Valley Committees into the Geothermal Advisory Committee.
TIMED ITEMS
7.2: 9:13 a.m.: Consideration of continuing a proclamation of a local health emergency by the Lake County health officer due to the Pawnee fire incident.
7.3, 9:14 a.m.: (a) Consideration of continuing a proclamation of a local health emergency by the Lake County health officer due to the Mendocino Complex fire.
7.4, 9:15 a.m.: Consideration of continuing a proclamation of a local emergency due to the Mendocino Complex fire incident (River and Ranch fires); and and (b) update on the Mendocino Complex - River and Ranch fires recovery.
7.5, 9:16 a.m.: Consideration of continuing a proclamation of a local emergency due to the Pawnee fire incident.
7.6, 9:17 a.m.: Consideration of continuing a proclamation of a local emergency due to the Sulphur fire incident.
7.7, 9:18 a.m.: Consideration of continuing a proclamation of a local emergency due to Clayton fire.
7.8, 9:19 a.m.: Consideration of continuing a proclamation of a local emergency due to the atmospheric river storm.
7.9, 9:30 a.m.: Public hearing, consideration of a draft ordinance adding Article VIII to Chapter 13 of the Lake County Code Regarding hazardous vegetation abatement.
UNTIMED ITEMS
8.2: Continued from Nov. 20, (a) consideration of report from the district attorney on internal controls used with respect to county credit cards, expenses, reimbursements, mileage and maintenance of county vehicles, necessary to protect the public trust; and (b) consideration of report from the district attorney on his use of limited county resources and justification to attend conferences and training himself, despite leaving office 12/31/18, with possible direction to the county administrative officer (CAO)/CalCard administrator to review and approve his expense requests in advance and/or revoke his privilege to use a CalCard.
8.3: Consideration of resolution declaring the Board of Supervisors intent to sell property not required for public use, located at 8695 Soda Bay Road, Kelseyville, California (APN 009-002-430), Pursuant to Government Code Section 25520 Et Seq.
8.4: Consideration of adoption of vehicle policy.
8.5: Consideration of fiscal crisis management plan.
8.6: Second reading, as amended, consideration of ordinance amendment, AM 18-02 to amend Chapter 21 of the Lake County Zoning Ordinance to allow Type N and P Cannabis Manufacturing License in the "C2, C3, M1, M2, and PDC" Districts subject to obtaining a Minor Use Permit, Type 6 Non-Volatile Cannabis Manufacturing License in the "APZ, A, TPZ, C3, M1, M2, and PDC" Districts subject to obtaining a Major Use Permit, Type 7 Volatile Cannabis Manufacturing License in the "M2" District subject to obtaining a Major Use Permit, Type 11 Cannabis Distributor License in the "C3, M1, M2, and PDC" Districts subject to obtaining a Major Use Permit, Type 13 Cannabis Distributor Transport Only License in the "C2, C3, M1, M2, and PDC" Districts subject to obtaining a Major Use Permit, Type 13 Cannabis Distributor Transport Only, Cannabis Self -Distribution License in the "APZ, A, TPZ, RL, RR, SR, C2, C3, M1, M2, and PDC" Districts subject to obtaining a Minor Use Permit, Cannabis Processor License in the "APZ, A, TPZ, and RL" Districts subject to obtaining a Major Use Permit, Type 8 Cannabis Testing Laboratory in the "C2, C3, M1, M2 AND PDC" Districts subject to obtaining a Minor Use Permit.
8.7: Second reading, as amended, consideration of an ordinance amending Article II of Chapter 13 of the Lake County Code regarding the abatement of garbage and refuse and establishing fines and penalties for the accumulation of garbage and other refuse.
CLOSED SESSION
9.1: Public employee appointment pursuant to Gov. Code Section 54957(b)(1): Appointment of interim registrar of voters.
9.2: Conference with legal counsel: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2)(e)(3): California River Watch.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
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