Board Of Supervisors — Tuesday, May 1, 2018
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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
5. Consideration of Items Not Appearing on the Posted Agenda (Extra Items)
6. Current Construction Projects - Contract Change Orders
6.1Consideration of Change Order No. One for Eastlake Elementary SRTS & CDBG Project in Clearlake Oaks, CA Bid No. 16-16, Federal Aid No. SRTSL-5914(097) for an increase of $11,860.60, for a revised contract amount of $5,165,508.14, and authorize the Chair to sign.
Action Item
approved — Pass
Carried 5-0 — moved by Smith (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 Smith, and by vote of the Board, approved Change Order No. One for Eastlake Elementary SRTS & CDBG Project in Clearlake Oaks, CA Bid No. 16-16, Federal Aid No. SRTSL-5914(097) for an increase of $11,860.60, and a revised contract amount of $5,165,508.14, 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 Steele 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
7.1Adopt Proclamation Designating the First Week of May 2018 as Wildfire Awareness Week in Lake County, CA
Proclamation
passed on consent
7.2Adopt Proclamation Designating the Month of May 2018 as Cal Fresh Awareness Month in Lake County, CA
Proclamation
passed on consent
7.3Approve Minutes of the Board of Supervisors meetings held January 23, 2018 and February 13, 2018
Minutes
passed on consent
7.4Approve Retention Schedule and Destruction of Documents
Action Item
passed on consent
7.5Adopt the Resolution approving the Standard Agreement for the No Place Like Home (NPLH) Technical Assistance Grant Award Multi-Year Agreement between the County of Lake and the Department of Housing and Community Development (DHCD) for Fiscal Year 2017-18 through Fiscal Year 2022-23 and authorize the Behavioral Health Administrator to Sign the Standard Agreement.
Resolution
passed on consent
7.6Adopt Resolution to Make Applicable to the Upper Lake Unified School District Provisions of the Education Code Permitting the Formation of School Facilities Improvement Districts
Resolution
passed on consent
7.7Adopt Resolution Authorizing the Director of Public Works Department to Sign a Notice of Completion for work performed under agreement dated July 11, 2107, for the Harbin Springs Road at Harbin Creek Bridge Replacement Project. Bid No. 17-04
Resolution
passed on consent
7.8Approve purchase of three M7 In-Vehicle Computer Systems, at a cost of $20,280.50 from Data911, an approved vendor under the State CMAS Contract.
Action Item
passed on consent
7.9Approve purchase of one M7 In-Vehicle computer system, at a cost of $6,554.61 from Data911, an approved vendor under the State CMAS Contract.
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 Agreement between the County of Lake and PJ Helicopters for Calendar Year 2018 in the amount of $60,000 and authorize the Chair to sign.
Action Item
passed on consent
7.11Approve three year Lease between Schall Investment Corp. and County of Lake for the annual amount of $31,200.00 with Consumer Price Index (CPI) adjustment increases each subsequent year during the term of the lease terminating on June 30, 2021, and authorize the Chair to sign.
Agreement
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 Smith, and by vote of the Board, approved Consent Agenda Items 7.1 through 7.11. The motion carried by the following vote:
8. Timed Items
8.19:05 A.M. - Public Input
Clerk’s notes: Liyu Shen and Konocti Harbor Manager Russ Hamill spoke.
Public Input was reopened by Chair Steele at 10:31 a.m. Eric Sklar, Dan Turbyfill, Adam Mernit and Michael Green spoke.
8.39:30 A.M. - Consideration of Proposals for Design Services for South Lakeport Water Project; and authorize Board Chair to Award contract to NEXGEN Utility Management, Inc. of Sacramento in the amount of $49,200.00
Action Item
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
On motion of Supervisor Scott, and by vote of the Board, authorized Board Chair to Award Contract to NEXGEN Utility Management, Inc. of Sacramento in the amount of $49,200 for Design Services for the South Lakeport Water Project. The motion carried by the following vote:
Clerk’s notes: Special Districts Administrator Jan Coppinger presented the item to the Board. Deputy Administrator Scott Harter was also present. County Administrative Officer Carol Huchingson also spoke.
Chair Steele 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
9.2(Continued from April 24, 2018) Consideration of Appointment of Blue Ribbon Committee members for the Rehabilitation of Clear Lake for the purposes of discussion, reviewing research, planning and providing oversight regarding the health of Clear Lake.
Appointment
recommended for approval
Carried 5-0 — moved by Smith
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 Smith
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 Scott
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
Carried 5-0 — moved by Scott
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
On motion of Supervisor Smith, and by vote of the Board, recommended appointment of Jim Steele as the BOS representative to the Blue Ribbon Committee for the Rehabilitation of Clear Lake, and Moke Simon as alternate. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Smith, Scott, Brown and Steele
On motion of Supervisor Smith, and by vote of the Board, recommended appointment of Wilda Shock as local economic development representative to the Blue Ribbon Committee for the Rehabilitation of Clear Lake, and Mark Wolfe as alternate. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Smith, Scott, Brown and Steele
On motion of Supervisor Scott, and by vote of the Board, recommended appointment of Brenna Sullivan as agriculture representative to the Blue Ribbon Committee for the Rehabilitation of Clear Lake, and Monica Rosenthal as alternate. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Smith, Scott, Brown and Steele
On motion of Supervisor Brown, and by vote of the Board, recommended appointment of Dr. Harry Lyons as environmental representative to the Blue Ribbon Committee for the Rehabilitation of Clear Lake, and Greg Giusti as alternate. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Smith, Scott, Brown and Steele
On motion of Supervisor Scott, and by vote of the Board, recommended appointment of Jan Coppinger as public water supply representative to the Blue Ribbon Committee for the Rehabilitation of Clear Lake, and Keith Ahart as alternate. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Smith, Scott, Brown and Steele
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board. Chair Steele suggested that there be an alternate for the BOS appointment. Supervisor Brown suggested that there be alternates for all of the appointments. The appointments are recommendations upon the approval of Assemblymember Aguiar-Curry and the California Natural Resources Agency.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
9.3Approve Agreement between Lake County Behavioral Health (LCBH) and Lakeport Police Department (LPD) for Crisis Responding Services and authorize the Behavioral Health Administrator to sign
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
On motion of Supervisor Scott, and by vote of the Board, approved the agreement between Lake County Behavioral Health (LCBH) and Lakeport Police Department (LPD) for Crisis Responding Services and authorized the Behavioral Health Administrator to sign. The motion carried by the following vote:
Clerk’s notes: Behavioral Health Administrator Todd Metcalf presented the item to the Board.
Chair Steele 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 a Resolution Expressing the Intent of the Board of Supervisors in Prohibiting a Cannabis Cultivation Site within 1000 Feet of a Water Sphere of Influence as Described in Lake County Ordinance No. 3073
Resolution
Adopted — Pass
Supervisor Smith offered the Resolution as amended and it was passed by roll call vote:
Clerk’s notes: County Counsel Anita Grant presented the item to the Board. Community Development Associate Planner Mireya Turner was present and spoke.
Chair Steele asked if anyone present wished to speak and the following people spoke: Eric Sklar, Adam Burnett, Frank Perez, Michael Green, Dan Turbyfill and John Brosnan. No one else wished to speak and the public input portion of this item was closed.
10. Closed Session
10.1Public Employee Evaluations
Title: County Administrative Officer
Closed Session Item
10.2Employee Grievance Complaint Pursuant to Gov. Code sec. 54957
Closed Session Item
Motion carried · 2 motions
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
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
10.3Conference with Legal Counsel: Decision whether to Initiate Litigation Pursuant to Gov. Code sec. 54956.9(d)(4): PG&E
Closed Session Item
10.4Conference with Legal Counsel: Decision whether to Initiate Litigation Pursuant to Gov. Code sec. 54956.9(d)(4): One Potential Case.
Closed Session Item
10.5Conference 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
Motion carried · 2 motions
Carried 5-0 — moved by Scott
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 Scott
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
10.2 - On motion of Supervisor Scott, and by vote of the Board, approved the Findings of Fact and Final Decision in the Employee Grievance Complaint Pursuant to Gov. Code sec. 54957, initially heard on April 24, 2018. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Smith, Scott, Brown and Steele
On motion of Supervisor Scott, and by vote of the Board, denied the Employee Grievance Complaint Pursuant to Gov. Code sec. 54957, initially heard on April 24, 2018. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Smith, Scott, Brown and Steele
Clerk’s notes: The Board reconvened into Regular Session at 12:49 p.m. having taken the following action: