Board Of Supervisors — Tuesday, October 16, 2018
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1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Consideration of Extra Items Not Appearing on the Posted Agenda
4.1EXTRA ITEM - Discussion and Consideration of County Response to Recent PG&E Shut-Offs
Action Item
not acted on
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 to take this item up as an extra for the reasons stated. The motion carried by the following vote:
Ayes: Supervisors Simon, Smith, Scott, Brown and Steele
(b) No action was taken.
Clerk’s notes: (a) Supervisor Brown presented the item to the Board. This item came up after the posted agenda.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
(b) PG&E Representatives Brian Bottari and Herman G. Hernandez were present. Mr. Bottari reported that the PG&E Public Safety Shut-off Program started this year as a protocol for safety due to utility sparked wildfires.
Chair Steele asked if anyone present wished to speak and the following person spoke: Sheriff Brian Martin. No one else wished to speak and the public input portion of this item was closed.
5. Current Construction Projects - Contract Change Orders
5.1Consideration of Contract Change Order No. 2 for Mockingbird Lane at Robinson Creek Bridge Replacement Project, Federal Project No. BRLO-5914(105); Bid No. 18-01
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, approved Contract Change Order No. 2 for Mockingbird Lane at Robinson Creek Bridge Replacement Project, Federal Project No. BRLO-5914(105); Bid No. 18-01. 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.
6. Approval of the Consent Agenda
6.1Adopt Proclamation Designating the Month of October 2018 as Domestic Violence Awareness Month in Lake County
Proclamation
passed on consent
6.2Adopt Proclamation Designating the Week of October 7 - 13, 2018 as National 4-H Week in Lake County, CA
Proclamation
passed on consent
6.3Adopt Resolution Setting Rate of Pay for Election Officers for the November 6, 2018 Statewide General Election Pursuant to Section 12310 of the Elections Code
Resolution
passed on consent
6.4(Sitting as the Lake County Sanitation District, Board of Directors) Approve purchase of budgeted 30KW Trailer Mounted Generator Set for LACOSAN Southeast and authorize Special Districts Administrator acting as the Assistant Purchasing Agent to issue and sign purchase order not to exceed $30,450.00
Action Item
passed on consent
6.5(Sitting as the Lake County Sanitation District, Board of Directors) Approve purchase of budgeted 35KW 120/240V 3 Phase Diesel Generator for LACOSAN Northwest and authorize Special Districts Administrator acting as the Assistant Purchasing Agent to issue and sign purchase order not to exceed $27,160.00
Action Item
passed on consent
6.6(Sitting as the Lake County Sanitation District, Board of Directors) Approve purchase of budgeted 125KW 480V 3 Phase Stationary Diesel Generator for Middletown Sewer and authorize Special Districts Administrator acting as the Assistant Purchasing Agent to issue and sign purchase order not to exceed $40,954.81
Action Item
passed on consent
6.7Approve Aeronautical Activities Permit at Lampson Field Airport between the County of Lake and Westgate Petroleum for Fiscal Year 2018/2019, and authorize the Chair to sign
Agreement
passed on consent
6.8Approve Aeronautical Activities Permit at Lampson Field Airport between the County of Lake and Steve's Aircraft for Fiscal Year 2018 / 2019, and authorize the Chair to sign
Action Item
passed on consent
6.9Approve Agreement Between the County of Lake and California Department of Transportation (Caltrans) for Sharing Cost of Joint State Highway / County Maintained Roads Electrical Facilities
Agreement
passed on consent
6.10Adopt Proclamation of Intent to Participate in the Great California Shakeout and Work toward becoming a Safer Community
Proclamation
passed on consent
6.11Approve Mortuary Services agreements between the County of Lake and Jones Mortuary and Jones and Lewis Mortuary, and authorize the Chair to sign
Action Item
passed on consent
6.12(a) Approve the issuance of a Purchase Order to Hillside Powersports Marine for a 2017 Yamaha Dual Sport Motorcycle in the amount of $7,350; and (b) Approve budget transfer in the amount of $7,350 from 2201/1.13 to 62.72
Action Item
passed on consent
6.13Review and Approve MOU between North Coast EMS and the County of Lake for the use of Naloxone by Sheriff’s Office personnel
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 Scott, and by vote of the Board, approved Consent Agenda items 6.1 throuh 6.13. The motion carried by the following vote:
7. Timed Items
7.19:05 A.M. - Public Input
Clerk’s notes: Dee Schroy spoke.
7.39:13 A.M. - Consideration of Continuing a Proclamation of a Local Health Emergency by the Lake County Health Officer due to the Pawnee Fire Incident
Proclamation
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 the continuation of a Proclamation of a Local Health Emergency by the Lake County Health Officer due to the Pawnee Fire Incident. The motion carried by the following vote:
Clerk’s notes: Interim Public Health Officer Erin Gustafson presented the item to the Board. Environmental Health Director Jasjit Kang was present and spoke. Mr. Kang gave an update on the Pawnee Fire as of October 13, 2018. There are 14 properties ready for debris removal through the State clean up program and 2 private clean ups.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.49:14 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; and (b) Status Report on Mendocino Complex Fire also known as the River and Ranch Fires
Proclamation
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 Local Health Emergency by the Lake County Health Officer due to the Mendocino Complex Fire. The motion carried by the following vote:
Clerk’s notes: (a) Interim Public Health Officer Erin Gustafson presented the item to the Board. Environmental Health Director Jasjit Kang was present and spoke. Mr. Kang reported that debris removal has been completed on 19 sites.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
(b) Recovery Coordinator Nathan Spangler reported that FEMA has approved a rental assistance program.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.59:15 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires)
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, approved the continuation of a Proclamation of a Local Emergency due to the Mendocino Complex Fire Incident. The motion carried by the following vote:
Clerk’s notes: Sheriff Brian Martin 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.
7.69:16 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to the Pawnee Fire Incident
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 the continuation of a Proclamation of a Local Emergency due to the Pawnee Fire Incident. The motion carried by the following vote:
Clerk’s notes: Sheriff Brian Martin 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.
7.79:17 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to the Sulphur Fire Incident
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 the continuation of a Proclamation of a Local Emergency due to the Sulphur Fire Incident. The motion carried by the following vote:
Clerk’s notes: Sheriff Brian Martin 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.
7.89:18 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to Clayton Fire
Action Item
Adopted — 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 Local Emergency due to Clayton Fire. The motion carried by the following vote:
Clerk’s notes: Sheriff Brian Martin 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.
7.99:19 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to the Atmospheric River Storm
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, approved the continuation of a Proclamation of a Local Emergency due to the Atmospheric River Storm. The motion carried by the following vote:
Clerk’s notes: Sheriff Brian Martin 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.
8. Non-Timed Items
8.1Supervisors’ weekly calendar, travel and reports
8.2Discussion/Preparation for White House Conference with California Local Leaders
Action Item
not acted on
Discussion only.
Clerk’s notes: Supervisor Scott presented the item to the Board. County Administrative Officer Carol Huchingson spoke. Social Services Director Crystal Markytan was also present and spoke. Topics discussed to prepare for the conference were: Section 8 Housing, Geothermal Energy, Cannabis, Fire Reduction, Tree Mortality, the Middle Creek Restoration project and Libraries.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.3(a) Consideration of Nomination by the Lakeport Fire Protection District to their Lakeport Fire Protection District, Board of Directors; and (b) Discussion of Board of Supervisors appointments to the Lakeport Fire Protection District Board of Directors
Appointment
approved
FAILED 2-3 — moved by Scott
Brown: nay Scott: aye Simon: aye Smith: nay Steele: nay
Brown: nay Scott: aye Simon: aye Smith: nay Steele: nay
Carried 3-2 — moved by Brown
Brown: aye Scott: nay Simon: nay Smith: aye Steele: aye
Brown: aye Scott: nay Simon: nay Smith: aye Steele: aye
On motion of Supervisor Scott, and by vote of the Board, moved to appoint the Lakeport Fire Protection District's nominee, Gary Hill to the Lakeport Fire Protection Distrcit, Board of Directors. The motion failed by the following vote:
Ayes: Supervisors Simon and Scott
Nays: Supervisors Smith, Brown, and Steele
On motion of Supervisor Brown, and by vote of the Board, moved to defer action on the appointment, form a Committe to meet with the Fire District and the City of Lakeport for further discussion and bring the item back to the Board on November 6, 2018. The motion carried by the following vote:
Ayes: Supervisors Smith, Brown, and Steele
Nays: Supervisors Simon and Scott
Clerk’s notes: Supervisor Scott introduced the item to the Board. County Counsel Anita Grant explained the relationship of the Board of Supervisors to the Lakeport Fire Protection District Board of Directors. Fire Chief Doug Hutchison spoke.
Chair Steele asked if anyone present wished to speak and Greg Scott spoke. No one else wished to speak and the public input portion of this item was closed.
8.4Consideration of Board appointment to CSAC Board of Directors for 2019
Appointment
approved — Pass
Carried 5-0 — moved by Brown (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 Brown, and by vote of the Board, appointed Supervisor Simon as the delegate and Supervisor Scott as the alternate for the CSAC Board of DIrectors for 2019. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Carol Huchingson 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.
8.5Consideration of Second Amendment to the Second Agreement with Golden State Finance Authority for Residence Emergency Disaster Assistance and authorize the Board Chair to sign
Agreement
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 the Second Amendment to the Second Agreement with Golden State Finance Authority for Residence Emergency Disaster Assistance and authorized the Board Chair to sign. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Carol Huchingson 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.
8.6(a) Discussion/Consideration of next steps for filling the Registrar of Voters position and/or restructuring the elections function; and (b) Consideration/Approval of changes to the ROV job specification
Action Item
not acted on
Discussion only.
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board. Registrar of Voters Diane Fridley spoke. Ms. Fridley would like to volunteer to be part of the consolidation plan as discussed.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.7Consideration of the Creation of and Participation in the Lake County Risk Reduction Authority
Action Item
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
Chair Steele passed the gavel to make a motion. On motion of Chair Steele, and by vote of the Board, approved the creation of and participation in the Lake County Risk Reduction Authority. The motion carried by the following vote:
Clerk’s notes: Chair Steele introduced the item. County Counsel Anita Grant presented the item to the Board. Lake County Fire District Chiefs Doug Hutchison, Mike Wink and Mike Ciancio were also present.
Chair Steele asked if anyone present wished to speak and the following people spoke: Gene Paleno and Joan Moss. No one else wished to speak and the public input portion of this item was closed.
8.8Consideration of Agreement between the County of Lake and Chabot-Las Positas Community College District for Title IV-E Training in the amount not to exceed $1,000,000 from September 20, 2018 through June 30, 2019; and authorize the Chair 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 the County of Lake and Chabot-Las Positas Community College District for Title IV-E Training in the amount not to exceed $1,000,000 from September 20, 2018 through June 30, 2019; and authorized the Chair to sign. The motion carried by the following vote:
Clerk’s notes: Social Services Director Crystal Markytan presented the item to the Board.
Chair Steele asked if anyone present wished to speak and Joan Moss spoke. No one else wished to speak and the public input portion of this item was closed.
9. Closed Session
9.1Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code sec. 54956.9(d)(1): Crail and Field v. County of Lake
Closed Session Item
9.2Conference with Legal Counsel: Decision whether to initiate litigation pursuant to Gov. Code Sec. 54956.9(d)(4): PG&E
Closed Session Item
approved
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 Scott, and by vote of the Board, authorized the County Administrative Officer to execute the agreement with Baron and Budd to represent the County in this matter. The legal services provided by Baron and Budd shall be compensable solely on a contingency fee basis. The motion carried by the following vote:
Ayes: Supervisors Simon, Smith, Scott, Brown and Steele
Clerk’s notes: The Board reconvened into Regular Session at 12:24 p.m. having taken the following action:
9.3Public Employee Evaluations
Title: Community Development Director
Closed Session Item