Board Of Supervisors — Tuesday, September 26, 2017
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1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Presentations by County Departments: (a) Animal Care & Control - Animals Available for Adoption (b) Human Resources - Current County Job Openings
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
7.1Approve Advisory Board Appointment of Margaret Sanders for the Western Regional Town Hall, (WRTH)
Appointment
passed on consent
7.2Approve Minutes of the Board of Supervisors meetings held June 27, 2017 and July 11, 2017.
Minutes
passed on consent
7.3(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 St. Helena Hospital for the Fiscal Year 2017-18 for a contract maximum of $100,000 and authorize the Board Chair to sign the Agreement.
Action Item
passed on consent
7.4Adopt Resolution to Approve Lake County's application for No Place Like Home Technical Assistance Funds, Authorize the Lake County Behavioral Health Administrator to sign and submit the funding application and Authorize the Lake County Behavioral Health Administrator to sign the resulting funding agreement with the State of California.
Resolution
passed on consent
7.5Approve Agreement between the County of Lake and Softfile Business Services, for records management services, in an amount not to exceed $50,000, and authorize the Chair to sign
Agreement
passed on consent
7.6Approve Waiver of Anti-Nepotism Policy Section 2203.1 for Celia Hoberg
Action Item
passed on consent
7.7Approve Amendment Two to Agreement between the County of Lake and Quincy Engineering Inc. for Final Design and Right-of-Way Services for the South Main Street and Soda Bay Road Corridor Improvement Project in Lake County, California for an increase of $162,843.73; and authorize the Chair to sign.
Agreement
passed on consent
7.8Authorize Blanket Approval for Long Distance Travel by Child Welfare Services Social Workers to Conduct Case Related Activities on Behalf of Juvenile and Non-Minor Dependents in Court Ordered Placement through Juvenile Court Within and/or Outside the State of California.
Action Item
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 7.8. The motion carried by the following vote:
8. Timed Items
8.19:05 A.M. - Public Input
Clerk’s notes: Simone Tatman and Kevin Cox spoke.
8.29:15 A.M. - HEARING - Consideration of Appeal of Nuisance Abatement; located at 2765 Larches Way, Clearlake Oaks (APN 062-511-15 - John Laughridge and Brenda Allen Nance)
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 to uphold the Notice and Order to Abate Unlawful Marijuana Cultivation dated August 28, 2017 for the property located at 2765 Larches Way, Clearlake Oaks (APN 062-511-15) and authorized staff to move forward with the abatement process by removal and disposal of the unlawful marijuana located on the aforementioned property. The motion carried by the following vote:
Clerk’s notes: Clerk swore in all parties to the hearing.
Community Development Code Enforcement Officer Mike Penhall 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.
8.49:44 A.M. - Consideration of Projects for Community Development Block Grant Applications under the 2016 Butte and Valley Wildfire Recovery Disaster Notice of Funding Availability (NOFA) and Direction to Staff
Report
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, authorized preparation of grant applications for the following CDBG Grant Projects: Cobb Mountain Water District Improvements up to $5,200,000; Road Repair in the amount of $200,000; and Case Managers in the amount of $200,000. Funding applications must be brought back before the Board for approval prior to submission to CDBG. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Carol Huchingson introduced the item to the Board. Contractor Jeff Lucas was present and spoke.
Chair Smith opened the public hearing and the following people spoke: Special Districts Administrator Jan Coppinger, Kevin Cox, Magdelena Valderama and Patti Bruder. No one else wished to speak and the public hearing was closed.
8.59:45 A.M. - PUBIC HEARING Consideration and Discussion of Community Development Block Grant Notice of Funding Availability
Report
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, authorized preparation of the 2017 CDBG NOFA application in the amount of $1,500,000 for the Lower Lake Water District Inter-Tie Connection. Funding applications must be brought back before the Board for approval prior to submission to CDBG. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Carol Huchingson introduced the item to the Board. Contractor Jeff Lucas presented the item to the Board.
Chair Smith opened the public hearing and the following person spoke: Todd Fiora. No one else wished to speak and the public hearing was closed.
8.610:00 A.M. - HEARING - Consideration of Appeal of Nuisance Abatement; located at 6825 Virginia, Lucerne (APN 006-342-16 - Dennis Cowels-Property Owner, Ernest Jones-Tenant )
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 to uphold the Notice and Order to Abate Unlawful Marijuana Cultivation dated September 6, 2017 and authorized staff to move forward with the abatement process by removal and disposal of the unlawful marijuana located on the aforementioned property. The motion carried by the following vote:
Clerk’s notes: Clerk swore in all parties to the hearing.
Community Development Code Enforcement Officer Mike Penhall presented the item to the Board and gave a PowerPoint presentation on the subject property.
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. Non-Timed Items
9.1Supervisors’ weekly calendar, travel and reports
9.2Consideration of Subordination Agreement with the City of Clearlake Redevelopment Agency
Agreement
approved — 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
RECOMMENDED ACTION: Based on the terms of the 1990 Agreement and the prospect that this bond refinancing will strengthen the Agency’s ability to make its pass through payments, staff recommends your Board approve the subordination of the pass-through payments and authorize the Chair to execute the attached Acknowledgment and Consent to Subordination.
Clerk’s notes: Chief Deputy County Administrative Officer Jeff Rein presented the item to the Board. City of Clearlake Finance Director Chris Becnel was present and spoke.
Chair Smith asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
9.3SECOND READING - Consideration of Ordinance Amending Article 72 of the Lake County Code to Allow the Outdoor Cultivation of Medical Cannabis in "RL" Rural Lands and to Create a Certification of Compliance Process for Cannabis Cultivation
Ordinance
approved as amended
Carried 4-1 — moved by Steele
Brown: nay Scott: aye Simon: aye Smith: aye Steele: aye
Brown: nay Scott: aye Simon: aye Smith: aye Steele: aye
Carried 4-1 — moved by Steele
Brown: nay Scott: aye Simon: aye Smith: aye Steele: aye
Brown: nay Scott: aye Simon: aye Smith: aye Steele: aye
Carried 4-1 — moved by Steele
Brown: nay Scott: aye Simon: aye Smith: aye Steele: aye
Brown: nay Scott: aye Simon: aye Smith: aye Steele: aye
On motion of Supervisor Steele, and by vote of the Board, approved as amended, the revision for the Ordinance amending Article 72 of the Lake County Code, Section 72-5 (m) 2.e to read: "If the premises is rented or leased, a copy of the written approval of the property owner(s), containing the property owner(s) notarized signature, authorizing the tenant or lessee to cultivate medical marijuana at the site, must be submitted", and remove any reference to lienholder. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott and Smith
Nay: Supervisor Brown
On motion of Supervisor Steele, and by vote of the Board, waived the reading of the ordinance, to be read in title only (Clerk did so). The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott and Smith
Nay: Supervisor Brown
On motion of Supervisor Steele, and by vote of the Board, advanced the ordinance one week, to October 3, 2017. The motion carried by the following vote:
Ayes: Supervisors Simon, Steele, Scott and Smith
Nay: Supervisor Brown
Clerk’s notes: Chair Smith presented the item to the Board and opened a discussion regarding the lienholder section on the proposed ordinance. Community Development Associate Planner Mireya Turner was also present.
Chair Smith reopened the public hearing and the following people spoke: Michael Green, Frank Perez, Richard Durham and Amelia Loomis. No one else wished to speak and the public hearing was closed.
10. Closed Session
10.1Conference with Labor Negotiator: (a) Chief Negotiator: M. Long; County Negotiators: C. Huchingson, K. Ferguson and C.Saderlund; and (b) Employee Organizations: DDAA, DSA, LCCOA, LCEA and LCSEA
10.2Public Employee Evaluations
Title: Child Support Services Director
Closed Session Item
10.3Conference with Legal Counsel: Significant Exposure to Litigation pursuant to Gov. Code sec. 54956.9 (d)(2), (e)(3) – Claim of PG&E
Closed Session Item
10.4Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code sec. 54956.9 (d)(1) – Loberg v. County of Lake, et al.
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 12:04 p.m. having taken no action.