Board Of Supervisors — Tuesday, August 22, 2017
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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)
6. Current Construction Projects - Contract Change Orders
7. Approval of the Consent Agenda
7.1(a) Approve By-laws for the Scotts Valley Community Advisory Council; and (b) Amend Resolution 2017-27, a Resolution Establishing the Scotts Valley Community Advisory Council, for a typographical error in the body of the document (changing reference of District 5 to District 3).
Action Item
passed on consent
7.2Approve Agreement between the County of Lake and the Lake County Chamber of Commerce, from July 1, 2017 through June 30, 2018 in the amount of $45,000; and authorize the Chair to sign.
Agreement
passed on consent
7.3(a) Waive the formal bidding process, pursuant to Lake County Section 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 Manzanita House for Adult Residential Support Services and Specialty Mental Health Services for Fiscal Year 2017-18 for the amount of $120,450 and authorize the Board Chair to sign the Agreement.
Action Item
passed on consent
7.4(a) Waive the formal bidding process, pursuant to Lake County Code Section 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 Clover Valley Guest Home for Adult Residential Support Services and Specialty Mental Health Services for Fiscal Year 2017-18 for the amount of $80,300 and authorize the Board Chair to sign the Agreement.
Action Item
passed on consent
7.5(a) Waive the formal bidding process, pursuant to Lake County Code Section 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 Redwood Community Services, Inc. for SUD Perinatal Program Services for Fiscal Year 2017-18 for a contract maximum of $150,000 and authorize the Board Chair to sign the Agreement.
Action Item
passed on consent
7.6(a) Waive the formal bidding process, pursuant to Lake County Code Section 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 Catholic Charities for Specialty Mental Health Services provided at St. Vincent School for Boys for a contract maximum of $48,801 for Fiscal Year 2017-18; and authorize the Board Chair to sign the Agreement.
Action Item
passed on consent
7.7(a) Approve the District Attorney’s Equitable Sharing Agreement and Certification for the Fiscal Year July 1, 2016 to June 30, 2017 and authorize the Chair to sign; and (b) Authorize Doris Lankford to electronically submit the report.
Action Item
passed on consent
7.8Approve Contract between the County of Lake and TPX Communication for the Purchase of SIP Trunking Service in the amoutnt of $1,600 per month and Authorize the Chair to Sign.
Agreement
passed on consent
7.9(Sitting as Lake County Air Quality Management District, Board of Directors) - Approve Agreement between the Lake County Air Quality Management District and Kelseyville Unified School District for the Year 16 & Year 17 Carl Moyer Program project funding, and authorize the Chair to sign.
Agreement
passed on consent
7.10Approve Agreement between the County of Lake and Far Western Anthropological Research Group, Inc. for Archaeological Services for the Eastlake Elementary Safe Routes to School and Community Development Block Grant Project, in Clearlake Oaks, CA in an amount not to exceed $90,045.85; and authorize the Chair sign
Agreement
passed on consent
7.11Approve Agreement between the County of Lake and 4LEAF, Inc. for Construction Management Services for the Eastlake Elementary Safe Routes to School and Community Development Block Grant Project, in Clearlake Oaks, CA, in an amount not to exceed $197,416.91; and authorize the Chair to sign.
Agreement
passed on consent
7.12Approve Agreement between the County of Lake and Forensic Medical Group, Inc. for Forensic Pathology Services for the period of July 1, 2017 through June 30, 2020 with a contract maximum of $35,000 per year; and authorize the Chair to sign.
Agreement
passed on consent
7.13Approve Request to Appoint Extra Help Employees Karen Kelley and Phyllis Murphy From Eligibility Worker II to Eligibility Specialist II at Advanced Salary Step 4.
Action Item
passed on consent
7.14Approve Minutes of the Board of Supervisors meeting held June 20, 2017.
Minutes
passed on consent
approved — Pass
Carried 5-0 (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
On motion of Supervisor Steele, and by vote of the Board, approved Consent Agenda items 7.1 through 7.14. 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.
8.29:16 A.M. - (a) Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Wildfire Conditions, pertaining to the Rocky, Jerusalem and Valley Fires; and (b) Update on the Valley Fire Debris Insurance Collection Project and the Valley Fire Funding Status.
Presentation
approved — Pass
Carried 5-0 — moved by Simon (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
On motion of Supervisor Simon, and by vote of the Board, approved the Continuation of a Proclamation of a Declaration of a Local Emergency due to Wildfire Conditions, pertaining to the Rocky, Jerusalem and Valley Fires. The motion carried by the following vote:
Clerk’s notes: (a) Undersheriff Chris Macedo presented the item to the Board.
(b) County Administrative Officer Carol Huchingson presented the item to the Board and gave a status update on the debris insurance collection project for the Valley Fire.
Chair Smith asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.39:17 A.M. - Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Clayton Fire
Action Item
approved — Pass
Carried 5-0 — moved by Simon (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
On motion of Supervisor Simon, and by vote of the Board, approved the Continuation of a Proclamation of a Declaration of a Local Emergency due to Clayton Fire. The motion carried by the following vote:
Clerk’s notes: Undersheriff Chris Macedo presented the item to the Board.
Chair Smith asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.49:18 A.M. - Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to the Atmospheric River Storm
Action Item
approved — Pass
Carried 5-0 — moved by Simon (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
On motion of Supervisor Simon, and by vote of the Board, approved the Continuation of a Proclamation of a Declaration of a Local Emergency due to the Atmospheric River Storm. The motion carried by the following vote:
Clerk’s notes: Undersheriff Chris Macedo presented the item to the Board.
Chair Smith asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.59:30 A.M. - PUBLIC HEARING (Continued from June 20, 2017) Consideration of Appeal (AB 17-03) of the Planning Commission’s decision to deny the Administrative Appeal (AA 16-02) of the departmental issuance of a Categorical Exemption (CE 16-64) for the removal/replacement of a boating structure, for property located at 6460 Soda Bay Drive, Kelseyville; APNs 044-030-01, 044-040-01, 044-050-01 & 044-070-01. The project applicant is Lauri Dohring, on behalf of the Bell Haven Homeowners Association; appellant is Joan Sturges.
Public Hearing
denied — Pass
Carried 5-0 — moved by Scott (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
On motion of Supervisor Scott, and by vote of the Board, denied the appeal and sustained the Planning Commission’s decision to deny the Administrative Appeal (AA 16-02) of the departmental issuance of a Categorical Exemption (CE 16-64) for the removal/replacement of a boating structure, for property located at 6460 Soda Bay Drive, Kelseyville and directed County Counsel to prepare Findings of Fact and Decision. The motion carried by the following vote:
Clerk’s notes: Community Development Associate Planner Mireya Turner and Principal Planner Michalyn DelValle presented the item to the Board. A PowerPoint presentation was given regarding the dock replacement project.
Chair Smith asked if anyone present wished to speak. Property owner Laurie Dohring spoke. No one else wished to speak and the public input portion of this item was closed.
8.69:45 A.M. - PUBLIC HEARING Consideration of Resolution Approving a Controlled Access Highway Agreement with the State of California - State Highway Route 29
Public Hearing
Adopted — Pass
Supervisor Scott offered the Resolution and it was passed by roll call vote:
Clerk’s notes: County Counsel Anita Grant presented the item to the Board.
Chair Smith opened the public hearing and asked if anyone present wished to speak. No one wished to speak and the public hearing was closed.
8.710:00 A.M. - PUBLIC HEARING - THIS ITEM WILL BE CONTINUED TO SEPTEMBER 19, 2017 @ 10:00 A.M. (Continued from August 1, 2017 and June 27, 2017) Consideration of Proposed Ordinance Amending Article 72 of the Lake County Code to Allow the Outdoor Collective Cultivation of Medical Cannabis in "RL" Rural Lands and to Create a Certification of Compliance Process for Cannabis Cultivation
approved — Pass
Carried 5-0 — moved by Steele (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
On motion of Vice Chair Steele the Ordinance was approved. The motion carried by the following vote:
Clerk’s notes: to move to 9/19/17
9. Non-Timed Items
9ASupervisors’ weekly calendar, travel and reports
9.1Consideration of the Following Appointments:
Western Regional Town Hall, (WRTH)
Lower Lake Waterworks District One Board of Directors
Appointment
approved
Carried 5-0 — moved by Steele
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Carried 5-0 — moved by Simon
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
On motion of Supervisor Steele, and by vote of the Board, appointed the following people to the Western Regional Town Hall (WRTH): Gene Paleno, Margaret Sanders, Dana DiRicco and Claudine Pedroncelli. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
On motion of Supervisor Simon, and by vote of the Board, appointed the following people to the Lower Lake Waterworks District One Board of Directors: Charlotte Raleigh and Stacey Armstrong. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
Clerk’s notes: Chair Smith introduced the item to the Board.
Chair Smith asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
9.2SECOND READING - Consideration of an Ordinance amending Subdivision (c) of Section 27-6 of Article 1 of Chapter 27 of the Lake County Code to Revise Fire Mitigation Fees for Cases of Locally Declared Emergencies
Ordinance
Adopted — Pass
Supervisor Steele offered Ordinance No. 3066, and it was passed by roll call vote:
Clerk’s notes: Chair Smith presented the item to the Board.
Chair Smith asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
9.3(Sitting as Lake County Watershed Protection District, Board of Directors) Consideration of a Resolution Authorizing The Lake County Watershed Protection District to Lease Properties in the Middle Creek Restoration Project Area for Agricultural Use.
Resolution
Adopted — Pass
Supervisor Steele offered the Resolution and it was passed by roll call vote:
Clerk’s notes: Water Resources Director Phil Moy presented the item to the Board.
Chair Smith asked if anyone present wished to speak. No one wished to speak and the public input portion of this item to close.
9.4Consideration of Amendment Two to the Contract between the County of Lake and the Middletown Rancheria Band of Pomo Indians for Tribal Cultural Monitoring in an amount not to exceed $250,000; and authorize the Chair to sign.
Agreement
approved — Pass
Carried 4-0 — moved by Steele (recovered from the archived minutes)
Brown: aye Scott: aye Simon: abstain Smith: aye Steele: aye
Brown: aye Scott: aye Simon: abstain Smith: aye Steele: aye
Supervisor Simon recused himself from this item due to a conflict of interest.
On motion of Supervisor Steele, and by vote of the Board, approved Amendment Two to the Contract between the County of Lake and the Middletown Rancheria Band of Pomo Indians for Tribal Cultural Monitoring in an amount not to exceed $250,000; and authorize the Chair to sign. The motion carried by the following vote:
Clerk’s notes: Public Services Director Lars Ewing presented the item to the Board.
Chair Smith 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 Resolution Approving Agreements for the Purchase of Right-of-Way for the South Main Street – Soda Bay Road Improvement Project and Authorizing the Chair to execute the purchase Agreements of Behalf of the County of Lake.
Resolution
Adopted — Pass
Supervisor Scott offered the Resolution and it was passed by roll call vote:
Clerk’s notes: County Counsel Anita Grant presented the item to the Board.
Chair Smith asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
9.6(a) Consideration and Approval of the FY 2017 Emergency Management Performance Grant application in the amount of $138,200; (b) Authorization for Sheriff Brian Martin to sign the Grant SubAward Face Sheet; and (c) Authorization for County Administrative Officer, Carol J. Huchingson, to act as the Authorized Agent on behalf of the County to sign the Governing Body Resolution and Standard Grant Assurances.
Action Item
approved
Carried 5-0 — moved by Brown
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Carried 5-0 — moved by Brown
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
(a) On motion of Supervisor Brown, and by vote of the Board, approved the FY 2017 Emergency Management Performance Grant application in the amount of $138,200. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
(b) On motion of Supervisor Brown, and by vote of the Board, authorized Sheriff Brian Martin to sign the Grant SubAward Face Sheet. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
(c) Supervisor Steele offered the Resolution and it was passed by roll call vote:
Ayes: Supervisors Simon, Steele, Scott, Brown and Smith
Clerk’s notes: Undersheriff Chris Macedo presented the item to the Board.
Chair Smith 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 the submission of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program Application in the amount of $15,565, to provide funding for an extra help employee to assist with forensic processing and data collection services; and authorize the County Administrative Officer to sign the grant documents.
Action Item
approved — Pass
Carried 5-0 — moved by Steele (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
On motion of Supervisor Steele, and by vote of the Board, approved the submission of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program Application in the amount of $15,565, to provide funding for an extra help employee to assist with forensic processing and data collection services; and authorized the County Administrative Officer to sign the grant documents. The motion carried by the following vote:
Clerk’s notes: Undersheriff Chris Macedo presented the item to the Board.
Chair Smith 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
10.1Public Employee Evaluations
Title: Air Pollution Control Officer
Closed Session Item
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: Significant Exposure to Litigation Pursuant to Gov. Code sec. 54956.9(d)(2)(e)(1): One Potential Case.
Closed Session Item
Clerk’s notes: Item 10.3 was not necessary.
10.4Conference with Legal Counsel: Decision whether to Initiate Litigation Pursuant to Gov. Code sec. 54956.9(d)(4): Two Potential Cases.
Closed Session Item
Clerk’s notes: Closed Session Extra Items: Litigation, 3 potential cases.
The Board reconvened into Regular Session at 12:24 p.m. having taken no action.