Lake County Meetings — interactive archive

Board Of Supervisors — Tuesday, September 13, 2016

9:00 AM · Board Chambers

Approved minutes (PDF)

This is the plain-text record. Open this meeting in the interactive archive for video timestamps, search and vote comparisons.

1. Call to Order

2. Moment of Silence

3. Pledge of Allegiance

4. Presentation of Animals Available for Adoption at the Animal Care and Control Shelter

5. Consideration of Items Not Appearing on the Posted Agenda (Extra Items)

5.1Consideration of Continuation of a Proclamation of a Local Health Emergency by the Lake County Health Officer Proclamation approved — Pass
no itemized roll call in the official record
On motion of Supervisor Comstock, and by vote of the Board, approved the Continuation of a Proclamation of a Local Health Emergency by the Lake County Health Officer.
Clerk’s notes: County Public Health Officer Dr. Karen Tait presented the item to the Board. This prolcamation must come in front of the Board of Supervisors every two weeks to keep the Local Health Emergency in effect. 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. Current Construction Projects - Contract Change Orders

7. Approval of the Consent Agenda

7.1Adopt Resolution fixing tax rates for local agencies, general obligation bonds, and other voter approved indebtedness for Fiscal Year 2016/17. Resolution passed on consent
7.2(a) Waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and San Sousee for Adult Residential Support and Specialty Mental Health Services for Fiscal Year 2016-17 for a contract maximum of $133,482 and authorize the Chair to sign. Action Item passed on consent
7.3(a) Waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Davis Guest Home for Adult Residential Support Services for Fiscal Year 2016-17 for a contract maximum of $35,770 and authorize the Board Chair to sign. Action Item passed on consent
7.4(a) Waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the nature of goods or services; and (b) Approve the Agreement between the County of Lake and Willow Glen Care Center for Adult Residential Support Services and Specialty Mental Health Services for Fiscal Year 2016-17 for a contract maximum of $30,000 and authorize the Chair to sign. Action Item passed on consent
7.5(a) Waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Modesto Residential Living Center, LLC for Adult Residential Support Services and Specialty Mental Health Services for Fiscal Year 2016-17 for a contract maximum of $91,250 and authorize the Chair to sign. Action Item passed on consent
7.6Lake County Behavioral Health is requesting the Board approve the Agreement between the County of Lake and Crestwood Behavioral Health for Fiscal Year 2016-17 for a contract maximum of $350,000 and is requesting the Board Chair to sign the Agreement. Action Item passed on consent
7.7(a) Waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and North Valley Behavioral Health, LLC for Acute Inpatient Psychiatric Hospital Services for Fiscal Year 2016-17 for a contract maximum of $200,000 and authorize the Chair to sign. Action Item passed on consent
7.8(a) Waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Konocti Senior Support, Inc. for Senior Support Counseling Services for Fiscal Year 2016-17 for a contract maximum of $108,378 and authorize the Chair to sign. Action Item passed on consent
7.9(a) Waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Center Point DAAC for Substance Use Disorder Residential Treatment and Detoxification Services for Fiscal Year 2016-17 for a contract maximum of $30,000 and authorize the Chair to sign. Action Item passed on consent
7.10(a) Waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Women’s Recovery Services for Substance Use Disorder Residential and Detoxification Services for Fiscal Year 2016-17 for the amount of $30,000 and authorize the Board Chair to sign the Agreement. Action Item passed on consent
7.11(a) Waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Native American Mental Health Services dba North American Mental Health Services (NAMHS) for Telepsychiatry Services for Fiscal Year 2016-17 for a contract maximum of $300,000 and authorize the Chair to sign. Action Item passed on consent
7.12(a) Waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Cerner Corporation for Anasazi Software and Support Services for Fiscal Year 2016-17 for a contract maximum of $60,000 and authorize the Chair to sign. Action Item passed on consent
7.13Approve the First Amendment to the Agreement between the County of Lake and Donald A. & Lesley J. Bordessa to extend the term of a commercial lease for The Bridge Drop-In Center through June 30, 2021 in the amount of $950 per month and authorize the Chair to sign. Action Item pulled on consent
Clerk’s notes: Consent Item 7.13 was pulled at the request of County Counsel to be taken up at a later date.
7.14Adopt Proclamation designating the month of September 2016 as Alcohol and Drug Addiction Recovery Month in Lake County. Proclamation passed on consent
7.15Approve Minutes from the Board of Supervisors meetings held on July 26, 2016 and August 9, 2016. Minutes passed on consent
BOSMinutes07262016 BOSMinutes08092016
7.16Approve Consolidation of School District Elections to be held on the same day as the statewide November 8, 2016 Consolidated General Election by other political subdivisions, in the same territory, or in territory that is in part the same Action Item passed on consent
7.17Approve Consolidation of Special District Elections to be held on the same day as the statewide November 8, 2016 Consolidated General Election by other political subdivisions, in the same territory, or in territory that is in part the same Action Item passed on consent
7.18Approve Creation of Extra Help Deputy Literacy Program Coordinator with Salary Rate Tied to Grade A13 Action Item passed on consent
7.19Adopt Resolution Rescinding Resolution No. 2016-102 and Approve Right-of-Way Certification for East Lake Elementary Safe Routes to School and CDBG Project - Federal Aid No. SR2SL-5914 (064), SRTSL-5914 (057), and SRTSL-5914 (097) Resolution passed on consent
7.20Adopt Resolution Authorizing the Department of Public Works to Submit Applications for 2016 California Department of Transportation Division of Aeronautics Airport Improvement Program Matching Grant Funds for Lampson Field and Designate the Public Works Director as the County's Official Representative Resolution passed on consent
7.21Approve the submission of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program application in the amount of $15,980, to provide funding for an extra help employee to assist with forensic processing and data collection services; and authorize County Administrative Officer Carol J. Huchingson to sign. Action Item passed on consent
7.22(a) Approve the submittal of an application for a Hazard Mitigation Grant to California Office of Emergency Services and authorize County Administrative Officer Carol Huchingson to sign; and (b) Adopt Resolution authorizing specified County officers to take actions necessary to obtain said Grant. Action Item passed on consent
7.23Adopt Resolution Granting A Request for Relief From Section 205 of the Sewer Use Ordinance to Mr. Gary Boyce for Premises Located at 3292 16th Street, Clearlake, CA., APN 038-202-3300 Resolution passed on consent approved — Pass
no itemized roll call in the official record
On motion of Supervisor Smith, and by vote of the Board, approved Consent Agenda Items 7.1 through 7.23, with the exception of 7.13, which was pulled at the request of County Counsel to be taken up at a later date. The motion carried by the following vote:

8. Timed Items

8.19:05 A.M. - Public Input
Clerk’s notes: Kevin Waycik spoke.
8.49:15 A.M. - PUBLIC HEARING - Consideration of Resolution to Vacate an Easement for Public Use, in Glenhaven, County of Lake, State of California Public Hearing continued
no itemized roll call in the official record
This agenda item was continued to September 20, 2016 at 9:15 a.m.
Clerk’s notes: Public Works Director Scott DeLeon requested a continuance to next week.
8.59:30 A.M. - PUBLIC HEARING - Consideration of Appeal of Planning Commission Denial of Minor Use Permit (MUP 16-04) for a small kennel; AB 16-03 APN 015-009-02 - Supervisor District 4 Public Hearing denied — Pass
no itemized roll call in the official record
On motion of Supervisor Farrington, and by vote of the Board, denied the appeal of Planning Commission Denial of Minor Use Permit (MUP 16-04) for a small kennel; AB 16-03 , APN 015-009-02. The proposed Findings of Fact will be brought back before the Board within 45 days. The motion carried by the following vote:
Clerk’s notes: Community Development Director Bob Massarelli presented the item to the Board. Assistant Planner Tricia Shortridge was present and gave a PowerPoint presentation of the property that would house the small kennel. Appellant James Wilson was present for the hearing with Attorney Andre Ross. Chair Brown opened the public hearing and the following people spoke: Jeff Vertrees, Rene Teverbaugh, Gary Diaz, Kimberly Thompson and Karen Edinger. No one else wished to speak and the public hearing was closed. County Counsel Anita Grant requested to reopen this item for discussion. Ms. Grant asked the Board to direct County Counsel to prepare Findings of Fact within 45 days.
8.69:45 A.M. - PUBLIC HEARING - (a) Consideration of an Urgency Ordinance Authorizing Temporary Additional Gate Fees at the Eastlake Sanitary Landfill for Debris Generated By the Clayton Fire; and (b)Consideration of Ordinance Amending Ordinance No. 2950 to Establish Additional Gate Fees at the Eastlake Sanitary Landfill for Debris Generated From a Locally Declared Disaster Public Hearing Adopted
no itemized roll call in the official record
(a) On motion of Supervisor Smith and by vote of the Board (5 ayes), waived the reading of the urgency ordinance, to be read in title only (Clerk did so). Supervisor Comstock offered Urgency Ordinance No. 3048, and it was passed by roll call vote (5 ayes). Ayes- Supervisors: 5 - Steele, Farrington, Smith, Brown and Comstock (b) On motion of Supervisor Smith and by vote of the Board (5 ayes), waived the reading of the ordinance, to be read in title only (Clerk did so). On motion of Supervisor Smith, and by vote of the Board (5 ayes), advanced the ordinance one week, to September 20, 2016. Ayes- Supervisors: 5 - Steele, Farrington, Smith, Brown and Comstock
Clerk’s notes: Public Services Director Lars Ewing presented the item to the Board. Two separate ordinances have been drafted regarding gate fees at the landfill, an urgency ordinance due to the current disaster and an ordinance to amend the existing gate fees when there is a locally declared disaster. Chair Brown opened the public hearing and Joan Moss spoke. No one else wished to speak and the public hearing was closed.
8.710:00 A.M. - PUBLIC HEARING - (Continued from August 23, 2016, July 26, 2016 and June 28, 2016) - Consideration of Appeal (AB 16-01) of Planning Commission's denial of Use Permit (15-10) to construct a new seventy-five foot (75') monopole cellular antenna; project located at 5660 Staheli Drive, Kelseyville (APN 008-050-22); applicant is Epic Wireless Group for Verizon Wireless. Public Hearing continued
no itemized roll call in the official record
This agenda item has been continued to December 13, 2016 at 10:00 a.m.
Clerk’s notes: Chair Brown provided an update regarding the interest of the Kelseyville School to host the Verizon tower and a request to continue the hearing. Paul Albritton, Counsel for Verizon Wireless spoke about the Kelseyville School location and requested that the appeal be moved ahead three months to give ample time to work with the school administration on this matter. Andrew Lesa from Epic Wireless, representing Verizon Wireless was also present.
8.810:30 A.M. - HEARING - Consideration of Notice of Nuisance and Order to Abate Unlawful Marijuana Cultivation for property located at 3940 Spring Valley Rd, Clearlake Oaks (APN 062-041-01 - Clinton Joseph Gray) Action Item approved — Pass
Carried 4-0 — moved by Comstock (recovered from the archived minutes by OCR)
Brown: aye Comstock: aye Farrington: abstain Smith: aye Steele: aye
On motion of Supervisor Comstock, and by vote of the Board, approved the Notice of Nuisance and Order to Abate Unlawful Marijuana Cultivation for property located at 3940 Spring Valley Rd, Clearlake Oaks (APN 062-041-01 - Clinton Joseph Gray). The motion carried by the following vote:
Clerk’s notes: Anthony Farrington recused himself from the hearing. Code Enforcement Officer Mike Penhall presented the item to the Board and gave a PowerPoint presentation of the property. Community Development Director Bob Massarelli was also present and spoke. Appellant Clinton Joseph Gray was present for the hearing with Attorney Andrea Sullivan. Chair Brown asked if anyone present wished to speak and the following person spoke: Jan Coppinger. 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
9.2Consideration of Letter to the Bureau of State and Corrections (BSCC) to Relinquish Jail Expansion Grant Pursuant to SB 1022 Letter approved — Pass
Carried 3-1 — moved by Steele (recovered from the archived minutes by OCR)
Brown: aye Comstock: aye Farrington: absent Smith: nay Steele: aye
On motion of Supervisor Steele, and by vote of the Board, approved the Letter to the Bureau of State and Corrections (BSCC) to Relinquish Jail Expansion Grant Pursuant to SB 1022. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board. Sheriff Brian Martin was also present and spoke. Chair Brown asked if anyone present wished to speak and the following person spoke: Nancy Ruzika. No one else wished to speak and the public input portion of this item was closed.
9.3Consideration of Ordinance amending Section 44.5 of Article VI, Section 44.6, and adding Section 44.7 of Chapter 15 to establish rules and regulations for the Kelseyville Skate Park Action Item Advanced
no itemized roll call in the official record
On motion of Supervisor Comstock, and by vote of the Board (5 ayes), waived the reading of the ordinance to be read in title only (Clerk so did). Ayes- Supervisors: 5 - Steele, Farrington, Smith, Brown and Comstock On motion of Supervisor Comstock, and by vote of the Board (5 ayes), advanced the ordinance one week to September 20, 2016. Ayes- Supervisors: 5 - Steele, Farrington, Smith, Brown and Comstock
Clerk’s notes: Public Services Director Lars Ewing 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.
9.4Consideration of Request to Appoint Kati Galvani as Deputy Public Services Director I – Administration Action Item approved — Pass
Carried 5-0 — moved by Farrington (recovered from the archived minutes by OCR)
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
On motion of Supervisor Farrington, and by vote of the Board, approved the Request to Appoint Kati Galvani as Deputy Public Services Director I – Administration. The motion carried by the following vote:
Clerk’s notes: Public Services Director Lars Ewing 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.
9.5Consideration of Approval of Plans and Specifications for the Eastlake Elementary School Safe Routes to School & CDBG Grant Project, Bid No. 16-16 Action Item approved — Pass
Carried 5-0 — moved by Steele (recovered from the archived minutes by OCR)
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
On motion of Supervisor Steele, and by vote of the Board, approved the Plans and Specifications for the Eastlake Elementary School Safe Routes to School & CDBG Grant Project, Bid No. 16-16. 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 asked to speak and the public input portion of this item was closed.
9.6Consideration of continuing the Proclamation of a Declaration of a Local Emergency due to wildfire conditions. Pertaining to Rocky, Jerusalem and Valley Fires. Report approved — Pass
Carried 5-0 (recovered from the archived minutes by OCR)
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
On motion of Supervisor Comstock, and by vote of the Board, approved the continuance of the Proclamation of a Declaration of a Local Emergency due to wildfire conditions, pertaining to Rocky, Jerusalem and Valley Fires. The motion carried by the following vote:
Clerk’s notes: Sheriff Brian Martin 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.
9.7Consideration of continuing the Proclamation of a Declaration of a Local Emergency due to the Clayton Fire Report approved — Pass
no itemized roll call in the official record
On motion of Supervisor Comstock, and by vote of the Board, approved the continuance of the Proclamation of a Declaration of a Local Emergency due to the Clayton Fire. The motion carried by the following vote:
Clerk’s notes: Sheriff Brian Martin 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.
9.8Consideration of (a) Waiving the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approval of Agreement with June Wilson-Clarkin to provide Evidenced Based Practices and Services in the Lake County Jail in the amount of $62,400 and authorize the Chair to sign. Action Item
no itemized roll call in the official record
There was Board consensus to continue with the bidding process for this contract and to send a Request for Proposal out for service. There was Board consensus to change the terms of the agreement with June Wilson-Clarkin to provide Evidenced Based Practices and Services in the Lake County Jail to a month to month contract until terminated.
Clerk’s notes: Sheriff Brian Martin presented the item to the Board. Correctional Captain Greg Hosman was also present and 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.
9.9Consideration of Approval of Engineering Services Agreement in the amount of $480,000 with Brelje & Race for the Anderson Springs Sewer Project and Authorize the Chair to Sign Report approved — Pass
Carried 5-0 — moved by Comstock (recovered from the archived minutes by OCR)
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
On motion of Supervisor Comstock, and by vote of the Board, approved the Engineering Services Agreement in the amount of $480,000 with Brelje & Race for the Anderson Springs Sewer Project and Authorize the Chair to Sign. The motion carried by the following vote:
Clerk’s notes: Special Districts Administrator Jan Coppinger 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.

10. Closed Session

10.1Conference with Labor Negotiator: (a) County Negotiators: A. Grant, S. Harry, C. Huchingson, 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 Height HOA, et al. v. County of Lake, et al. Closed Session Item
10.3Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code sec. 54956.9 (d)(1) – Bond v. County of Lake, et al. Closed Session Item
10.4Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code sec. 54956.9 (d)(1) - In the Matter of the Application of California Water Service Company, Application 15-07-015 Closed Session Item
10.5Conference with Legal Counsel: Significant Exposure to Litigation pursuant to Gov. Code Sec. 54956.9 (d)(2), (e)(5) – One Potential Case Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 2:25 p.m. having taken no action.

11. Adjournment