Board Of Supervisors — Tuesday, December 18, 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
5. Current Construction Projects - Contract Change Orders
5.1Consideration of Contract Change Order #8 for the Clearlake Oaks Intertie Control Valve Project, SD17-03 to confirm the revised contract price, 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 Contract Change Order #8 for the Clearlake Oaks Intertie Control Valve Project, SD17-03 to confirm the revised contract price, and authorized the Chair to sign. The motion carried by the following vote:
Clerk’s notes: Special Districts Deputy Administrator Scott Harter 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
6.1Approve Letter of Support for the Middletown Art Center's (MAC) 2019 Artists in Schools “Being Leonardo” Grant Application and Authorize the Chair to Sign.
Letter
passed on consent
6.2Adopt Proclamation Commending Diane Fridley for Her Years of Service to the County of Lake
Proclamation
passed on consent
6.3Approve Leave of Absence Request for Melinda Daunis from October 21, 2018 through January 31, 2019 and authorize the Chair to sign
Action Item
passed on consent
6.4Adopt Resolution to Support Participation in the 2020 Census and Consideration of Direction to Staff to Complete the Processes Necessary to Apply for State Funding Available to Lake County to Support Census 2020 Outreach Efforts
Resolution
passed on consent
6.5(a) Approve in Concept Revisions of Personnel Rule 1604.6, Salary Plan Administration, Pending Meet and Confer; (b) Rescind County Policy Restricting Purchase of Bottled Water for County Offices; (c) Approve Revisions of County Employee Appreciation and Team Building Policy (E.A.T.S)
Action Item
pulled on consent
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
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
(a) On motion of Supervisor Scott, and by vote of the Board, approved in concept the revisions of Personnel Rule 1604.6, Salary Plan Administration, pending Meet and Confer. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Smith, Scott, Brown and Steele
(b) On motion of Supervisor Scott, and by vote of the Board, rescinded County Policy restricting purchase of bottled water for County Offices. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Smith, Scott, Brown and Steele
(c) On motion of Supervisor Scott, and by vote of the Board, approved revisions of County Employee Appreciation and Team Building Policy (E.A.T.S). The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Smith, Scott, Brown and Steele
Clerk’s notes: This item was pulled by Supervisor Scott for discussion. County Administrative Officer Carol Huchingson presented the item to the Board.
Chair Steele asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
6.6Approve letter to CalPERS appealing decision disallowing LCDSA employees a special enrollment period based on increase in employer contribution for health care from $800 to $1,000 per employee per month, to be signed by all five Board members
Letter
passed on consent
6.7(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 Lake Family Resource Center (LFRC) for the Provision of the FEMA Based Immediate Services Program and Known as Cal Hope for Fiscal Year 2018-19, for an amount not to exceed $225,000; and authorize the Chair to sign
Agreement
passed on consent
6.8(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 Substance Use Disorder (SUD) Perinatal Intensive Outpatient (IOP) and Perinatal Outpatient Drug Free (ODF) Services Provided at H.O.M.E. for Fiscal Year 2018-19, for an amount not to exceed $30,000; and authorize the Chair to sign
Agreement
passed on consent
6.9(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. Tule House for Substance Use Disorder (SUD) Perinatal Residential Services for Fiscal Year 2018-19, for an amount not to exceed $62,000; and authorize the Chair to sign
Agreement
passed on consent
6.10Adopt Resolution Accepting Official Canvass of the Statewide General Election held on November 6, 2018; and, declaring the Results of County Measure under the Board's Jurisdiction
Resolution
passed on consent
6.11Adopt Resolution Approving County of Lake Health Services to apply for the Farm to School Grant receiving one time funding in the amount of $75,000 through the Department of Agriculture Food and Nutrition Services (USDA) for the Fiscal Years 2019-2021 and authorizing the Director of Health Services to sign application, and necessary amendments, certifications, clauses, contracts, and payment requests to said Grant Agreement on behalf of the County of Lake
Resolution
passed on consent
6.12Approve Advanced Step Hire for Dana Sturzbecher, Occupational Therapist to the County of Lake Public Health Division
Action Item
passed on consent
6.13Adopt Resolution appointing Representatives to the CSAC-EIA Insurance Authority Board of Directors
Resolution
passed on consent
6.14Approve Budget Transfer and new Capital Asset in the amount of $6,033.00 to Purchase a Parks Maintenance Landscaping Trailer and Authorize the Chair to sign.
Action Item
passed on consent
6.15Approve Amendment One to the Laboratory Services Agreement between the County of Lake and BC Laboratories, Inc. for Water Sampling, Monitoring, and Testing at the Eastlake Landfill for an annual amount not to exceed $50,000.00; and authorize the Chair to sign
Agreement
passed on consent
6.16Approve the Agreement between the County of Lake and SCS Engineers for CEQA Environmental Review and Regulatory Agency Permitting Services for the Eastlake Landfill Expansion, and authorize the Chair to sign
Agreement
passed on consent
6.17Adopt Resolution Approving Final Parcel Map – Smith & Smythe PM 15-03 and Authorizing the Chair to sign
Resolution
passed on consent
6.18Approve the Plans and Specifications for the Cycle 7 & Cycle 8 HSIP Signs and Striping Project; Bid no. 18-22, Federal Aid project no. HSIPL-5914 (104) & HSIPL-5914 (113)
Action Item
passed on consent
6.19(a) Waive the normal sealed bid process under Ordinance #2406, Section 38.2, for the purchase of four (4) Central Garage Pool Vehicles and four (4) ISF vehicles; and (b) Authorize the Public Works Director/Assistant Purchasing Agent to issue a purchase order through the Statewide Bid Contract in the amount of $104,266.94 and a purchase order to Matt Mazzei in the amount of $123,727.78
Action Item
passed on consent
6.20Authorize the Destruction of Records under Government Code sections 26202 and 26205 for the Sheriff's Department
Action Item
passed on consent
6.21(a) Adopt Resolution to Amend the Adopted Budget for FY 2018-19 by Cancelling Obligated Fund Balance to Make Available for Appropriation in Budget Unit 8482; and (b) Approve payment of outstanding General Fund loan balance in full.
Resolution
passed on consent
6.22Adopt Resolution accepting the Clearlake Oaks Intertie Control Valve Project, SD17-03, as complete and authorize the Special Districts Administrator to sign the Notice of Completion
Action Item
passed on consent
6.23Authorize the Purchase of Two Sedans and Two AWD's From Redwood Ford for $86,420.46 and authorize the Social Services Director to sign the Purchase Order and all other accompanying documents for this transaction
Action Item
passed on consent
6.24Approve First Amendment between the County of Lake and JUMP Technology Services in the Amount of $10,560 from July 1, 2016 to June 30, 2019 and authorize the Chair Sign
Agreement
passed on consent
6.25Approve the Addendum to Lease Agreement between Mobil Modular for Public Restrooms at our Lower Lake Main Office, extending the term through April 14, 2022, for an annual lease rate of $6,192 and authorize the Chair to sign
Action Item
passed on consent
approved — Pass
On motion of Supervisor Scott, and by vote of the Board, approved Consent Agenda Items 6.1 through 6.25, with the exception of 6.5, which was pulled for discussion. The motion carried by the following vote:
7. Timed Items
7.19:05 A.M. - Public Input
Clerk’s notes: Paul Kolb spoke.
7.39:12 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
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: Interim Public Health Officer Erin Gustafson presented the item to the Board. Environmental Health Director Jasjit Kang was also present and spoke. The debris cleanup is in process but not complete. Director Kang reported out of 176 properties, a total of 135 have been cleaned up for debris removal and 58 are complete to rebuild. There are a total of 13 private and 20 modified clean ups. To date there has been one abatement.
Chair Steele asked if anyone present wish to speak. No one wished to speak and the public input portion of this item was closed.
7.49:15 A.M. - Consideration of Acceptance of $11,100 Donation from the Lake County Literacy Coalition
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 acceptance of $11,100 Donation from the Lake County Literacy Coalition. The motion carried by the following vote:
Clerk’s notes: Librarian Christopher Veach presented the item to the Board. Lake County Literacy Coalition members Ginny Cholez, Jo Fay, and Pam Klier were present.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.59:20 A.M. - Discussion and Consideration of a First Amendment to the Joint Powers Agreement Creating the Lake County Community Risk Reduction Authority in order to include the Kelseyville Fire Protection District as a Member
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 First Amendment to the Joint Powers Agreement Creating the Lake County Community Risk Reduction Authority in order to include the Kelseyville Fire Protection District as a Member. The motion carried by the following vote:
Clerk’s notes: County Counsel Anita Grant 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.
7.69:30 A.M. - PUBLIC HEARING - Consideration of Appeal (AB 18-02) of the Planning Commission's Decision to Approve Use Permit (UP 17-04) and Variance (VR 18-03) for an Unmanned 70-foot tall Broad Leaf Mono-tree Wireless Telecommunication Tower and Variance to Allow 15-foot wide Access Easement; Project Location 25 and 55 Worley Drive, Lakeport (APNs 029-141-31 and 029-141-33); Applicant: Verizon Wireless (c/o Epic Wireless), Appellant: Linda Shields
Public Hearing
denied — Pass
Carried 3-2 — moved by Scott (recovered from the archived minutes)
Brown: nay Scott: aye Simon: aye Smith: aye Steele: nay
Brown: nay Scott: aye Simon: aye Smith: aye Steele: nay
On motion of Supervisor Scott, and by vote of the Board, denied Appeal, AB18-02 filed by Linda Shields of the approval of Use Permit, UP 17-04 and Variance, VR 18-03 approved by the Planning Commission on October 25, 2018 and directed County Counsel to prepare findings of fact. The motion carried by the following vote:
Clerk’s notes: All parties to the hearing were sworn in by the Clerk. Community Development Associate Planner Mark Roberts presented the item to the Board and gave a PowerPoint presentation. Director Michalyn DelValle was present and spoke. Verizon/Epic Wireless representative Andrew Leesa and Verizon Outside Counsel Paul Albritton were present and spoke.
Chair Steele opened the public hearing and the following people spoke: Peter Siltby, Duke Belcher and Jim Magliulo from Country Air Properties. The Chair announced that the meeting would go into recess for lunch at 12:20 p.m. and would reconvene at 1:30 p.m.
The meeting reconvened at 1:30 p.m. and the public hearing continued. Janice Pilcher, Karen Krisey, Joan Moss, Daniel Christensen, Chris Macedo, Brad Chatten and Appellant Linda Shields spoke. No one else wished to speak and the public hearing was closed.
7.710:00 A.M. - PUBLIC HEARING - Consideration of Appeal (AB 18-03) of Planning Commission's denial of Variance (VR 18-05) to Allow Applicant to Apply for a Use Permit to Operate a Type 1c Indoor Cannabis Cultivation License within 1,000 feet of a Drug and Alcohol Rehabilitation Facility; Project Location 14725 Catholic Church Road, Clearlake Oaks (APN 010-046-06); Applicant Liyu Shen
Public Hearing
denied — Pass
Carried 3-1 — moved by Brown (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: abstain Steele: nay
Brown: aye Scott: aye Simon: aye Smith: abstain Steele: nay
Chair Steele passed the gavel to Vice-Chair Scott to make a motion to uphold the appeal of the Planning Commission's denial of Variance (VR 18-05) to allow the applicant to apply for a use permit to operate a type 1C indoor cannabis cultivation license within 1,000 feet of a Drug and Alcohol Rehabilitation Facility. The motion failed due to a lack of second.
On motion of Supervisor Brown, and by vote of the Board, denied the appeal (AB 18-03) filed by Liyu Shen of the Variance (VR 18-05) that was denied by the Planning Commission on October 25, 2018 and directed County Counsel to prepare proposed findings of fact. The motion carried by the following vote:
Clerk’s notes: All parties to the hearing were sworn in by the Clerk. Community Development Principal Planner Byron Turner presented the item to the Board and gave a Powerpoint presentation. Director Michalyn DelValle was present and spoke. Appellant Liyu Shen was present along with Mr. Young, who will act as interpreter for this hearing.
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
8.2Consideration of Letter of Support for a grant request to CAL FIRE's California Climate Investments (CCI) Fire Prevention Grant Program
Letter
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, approved the Letter of Support for a grant request to CAL FIRE's California Climate Investments (CCI) Fire Prevention Grant Program. The motion carried by the following vote:
Clerk’s notes: Supervisor Brown 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.
8.3Reconsideration of (a) Board appointment of delegate and alternate to the Rural County Representatives (RCRC) Board of Directors for 2019; (b) Board appointment of delegate and alternate to Golden State Finance Authority (GSFA) Board of Directors for 2019; and (c) Board appointment of delegate and alternate to the Rural Counties Representatives of California Environmental Services Joint Powers Authority (ESJPA) Board of Directors for 2019
Appointment
approved
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 Smith
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 Smith, and by vote of the Board, appointed Supervisor Simon as delegate to the Rural County Representatives (RCRC) Board of Directors for 2019. An alternate for this Board will be considered at the January 8, 2019 meeting. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Smith, Scott, Brown and Steele
(b) On motion of Supervisor Smith, and by vote of the Board, appointed Supervisor Simon as delegate to Golden State Finance Authority (GSFA) Board of Directors for 2019. An alternate for this Board will be considered at the January 8, 2019 meeting. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Smith, Scott, Brown and Steele
(c) On motion of Supervisor Smith, and by vote of the Board, appointed Supervisor Simon as delegate and Public Services Director Lars Ewing as alternate to the Rural Counties Representatives of California Environmental Services Joint Powers Authority (ESJPA) Board of Directors for 2019. 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 asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.4Consideration of (a) Late travel claim for District 3 Supervisor Jim Steele in the amount of $523.02; and (b) Late mileage claim for District 3 Supervisor Jim Steele in the amount of $149.84.
Action Item
approved — Pass
Carried 4-0 — moved by Smith (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: abstain
Brown: aye Scott: aye Simon: aye Smith: aye Steele: abstain
On motion of Supervisor Smith, and by vote of the Board, approved the late travel claim in the amount of $523.02 and the late mileage claim in the amount of $149.84 for District 3 Supervisor Jim Steele. The motion carried by the following vote:
Clerk’s notes: Chair Steele recused himself from this item and turned the gavel over to Vice-Chair Scott. County Administrative Officer Carol Huchingson presented the item to the Board.
Chair Scott 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 Intent to Award Bid No. 18-13 for Propane Fueling Services
Action Item
approved
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
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
(a) On motion of Supervisor Simon, and by vote of the Board, approved to Award Bid No. 18-13 to Suburban Propane for propane fueling services and authorized the Chair to sign. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Smith, Scott, Brown and Steele
(b) On motion of Supervisor Simon, and by vote of the Board, approved the Agreement between the County of Lake and Suburban Propane for propane fueling services, and authorized the Chair to sign. 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 asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.6Consideration of a Memorandum of Understanding (MOU) Between the County of Lake and the Lake County Sheriff Management Association for the Period from January 1, 2019 through December 31, 2019
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 as amended, the Memorandum of Understanding (MOU) Between the County of Lake and the Lake County Sheriff Management Association for the Period from January 1, 2019 through December 31, 2019. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board. A revision to the MOU document will inlcude Page 12, item 4.6. correcting the date to December 31, 2019 and to include the item in the table of contents.
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 Agreement Regarding the Sale of Property Located at 3700 Country Club Drive, Lucerne, California, Between the County of Lake and the Romero Institute – New Paradigm College
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 Agreement regarding the Sale of Property Located at 3700 Country Club Drive, Lucerne, California, between the County of Lake and the Romero Institute – New Paradigm College. 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.
8.8(Second Reading) Consideration of an Ordinance Amending Article X of Chapter Two, of the Lake County Code to Revise the Local Procurement Standards to State and Federal Standards for Public Projects
Ordinance
Adopted — Pass
Supervisor Smith offered the Ordinance and it passed by roll call 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.
8.9Informational Workshop to discuss impacts and potential policy options regarding short-term rental services for temporary lodging
Report
continued
This item will be continued to January 29, 2019.
Clerk’s notes: Community Development Director Michalyn DelValle 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.
8.10Consideration of a Resolution of Intention to Develop and Implement an Ordinanace adding Article VIII to Chapter 13 of the Lake County Code regarding Hazardous Vegetation Abatement on Unimproved Parcels in the Unincorporated Areas of the County of Lake
Resolution
Adopted — Pass
Supervisor Brown offered the Resolution and it passed by roll call vote:
Clerk’s notes: County Counsel Anita Grant presented the item to the Board.
Chair Steele asked if anyone present wished to speak and Mike Kramer 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): Tabba aka Ward v. Wright, et al.
Closed Session Item
approved — Pass
Carried 4-0 — moved by Scott (recovered from the archived minutes)
Brown: absent Scott: aye Simon: aye Smith: aye Steele: aye
Brown: absent Scott: aye Simon: aye Smith: aye Steele: aye
On motion of Supervisor Scott, and by vote of the Board, approved the settlement of the matter in the amount of $35,000, inclusive of fees and costs. The motion carried by the following vote:
Clerk’s notes: The Board reconvened into Regular Session at 4:12 p.m. having taken the following action: