Board Of Supervisors — Tuesday, March 26, 2019
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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. Approval of the Consent Agenda
5.1Adopt Proclamation in recognition of Vietnam Veterans Day
Proclamation
passed on consent
5.2Authorize the Advanced Salary Step for Jim Emenegger, Elections Assistant II, Extra Help, at step 6, effective immediately
Action Item
passed on consent
5.3Adopt Resolution Amending Resolution 2019-23 Declaring the Board of Supervisors Intent to Sell Property Not Required for Public Use, Located at 8695 Soda Bay Road, Kelseyville, California (APN 009-002-430), Pursuant to Government Code Section 25520 Et Seq.
Resolution
passed on consent
5.4Approve waiver of the 900 hour limitation for Animal Control employees Gabirelle Reil and Collette Hall
Action Item
passed on consent
5.5Approve Long Distance Travel for Dr. Erin Gustafson, Denise Pomeroy, Iyesha Miller, and Dean Eichelmann to Anniston, Alabama from April 14, 2019 - April 18, 2019 to attend the 2019 Health Care Coalition Response Leadership Course
Action Item
passed on consent
5.6Approve Long Distance Travel for Denise Pomeroy to Hartford, CT from April 29, 2019 - May 2, 2019 to attend the Annual Wellville Gathering
Action Item
passed on consent
5.7(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 purchase of PA-3220 firewalls and associated support and services from ePlus Technology, Inc. in the amount of $63,703.65 and authorize IT director to issue purchase order
Action Item
passed on consent
5.8Approve Advanced Step Appointment of Beverly Dodgen, Weighmaster, at Fourth Step, effective immediately
Action Item
passed on consent
5.9Adopt Resolution Supporting the Creation of a Statewide Commission on Recycling Markets
Resolution
passed on consent
5.10Approve Amendment No. 3 to Equipment Repair and Service Contract between the County of Lake and Peterson Tractor Company in the amount of $50,000 for a revised not-to-exceed amount of $275,000, and authorize the Chair to sign
Action Item
passed on consent
5.11Approve Plans and Specifications for the FMAG HMGP Culvert Replacement No. 1 Project; Bid No. 19-01, Project No: FMAG-HMGP Pilot # 5093-1-1R; Construction Estimate $493,000, and authorize the Public Works Director / Assistant Purchasing Agent to advertise for bids
Action Item
passed on consent
5.12Approve Plans and Specifications for the FMAG HMGP Culvert Replacement No. 2 Project; Bid No. 19-02, Project No: FMAG-HMGP Pilot # 5112-1-1R; Construction Estimate $347,000, and authorize the Public Works Director / Assistant Purchasing Agent to advertise for bids
Action Item
passed on consent
approved — Pass
Carried 5-0 (recovered from the archived minutes)
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
On motion of Supervisor Simon, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.12. The motion carried by the following vote:
6. Timed Items
6.19:05 A.M. - Public Input
Clerk’s notes: There was no public input.
6.39:15 A.M. - (THIS ITEM CONTINUED TO APRIL 23, 2019 @ 9:20 A.M.) PUBLIC BID OPENING – Consideration of Bids to Purchase the Property Located at 8695 Soda Bay Road in Kelseyville California (APN 009-002-430)
Action Item
approved — Pass
Carried 5-0 — moved by Simon (recovered from the archived minutes)
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
On motion of Supervisor Simon, and by vote of the Board, approved to continue the Consideration of Bids to Purchase the Property Located at 8695 Soda Bay Road in Kelseyville California (APN 009-002-430) to April 23, 2019. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board. Ms. Huchingson requested to move the item to the April 23, 2019 agenda.
Chair Scott asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.49:30 A.M. - PROTEST HEARING - (a) Proposed Creation of Zone of Benefit Clearlake Riviera within CSA No. 23, (b) Proposed Creation of Zone of Benefit Buckingham within CSA No. 23, (c) Proposed Creation of Zone of Benefit Riviera West within CSA No. 23, (d) Proposed Creation of Zone of Benefit Riviera Heights; and (e) Tabulation of Ballots for said proposed assessment
Action Item
not acted on
Administrative Analyst Marcy Harrison read the ballot results:
Clearlake Riviera votes
654 yes 56%
514 no 44%
1168 votes
Buckingham votes
250 yes 62%
152 no 38%
402 votes
Riviera West
180 yes 68%
86 no 32%
266 votes
Riviera Heights
170 yes 55%
138 no 45%
308 votes
Clerk’s notes: Chair Scott opened the Public Hearing and the following people spoke:
Riviera District - Tom Nixon, Emily Miller, Michael Goforth, Don Richen, Greg Scott, Janet Swedburg, Ken Melville and Gerald Peterson.
Buckingham District - No one wished to speak.
Riviera West District - Ray Oleva and Greg Scott.
Riviera Heights District - Henry Byrd, Debbie White, Joan Moss and Tom Nixon
No one else wished to speak and the Public Hearing was closed.
6.510:00 A.M. - PUBLIC HEARING - Consideration of Proposed Amendments (GPAP 16-05) to the Housing Element of the Lake County General Plan, Clarifying Programs and Policies based on Correspondence with the State Department of Housing and Community Development
Public Hearing
approved
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
(a) On motion of Supervisor Sabatier, and by vote of the Board, approved the Final Draft Housing Element 2014-2019, as amended, and directed staff to submit this update to the State Department of Housing and Community Development (HCD) for certification. The motion carried by the following vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
(b) On motion of Supervisor Sabatier, and by vote of the Board, approved the Negative Declaration for the 2014-2019 Housing Element, based on the Initial Study IS16-11. The motion carried by the following vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
(c) Supervisor Sabatier offered the Resolution and it was passed by roll call vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
Clerk’s notes: Community Development Director Michalyn DelValle introduced the item. Principal Planner Byron Turner presented the item to the Board.
Chair Scott asked if anyone present wished to speak and the following people spoke: Joan Moss. No one else wished to speak and the public input portion of this item was closed.
7. Non-Timed Items
7.1Supervisors’ weekly calendar, travel and reports
7.2Consideration of Amendment to Paid Emergency Leave Policy
Action Item
approved — Pass
Carried 5-0 — moved by Simon (recovered from the archived minutes)
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
On motion of Supervisor Simon, and by vote of the Board, approved the Amendment to the Paid Emergency Leave Policy. The motion carried by the following vote:
Clerk’s notes: 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.
7.3(Second Reading) - Consideration of an Ordinance Amendment, AM 19-01 to Amend Chapter 21 of the Lake County Zoning Ordinance to remove the requirement for commercial cannabis applicants to be enrolled with the Regional Water Quality Control Board as of October 1, 2019 and to remove the requirement for a Conditional Certificate of Recognition (Self Certification) of Compliance with Article 72 in order to apply for Early Activation of use
Ordinance
Adopted — Pass
Supervisor Sabatier offered the Ordinance and it was passed by roll call vote:
Clerk’s notes: Community Development Director Michalyn Del Valle presented the item to the Board. It was noted that the title of the item on the agenda should have read "Consideration of an Ordinance Amendment, AM19-01 to Amend Chapter 21 of the Lake County Zoning Ordinance to "establish" (instead of the word "remove") the requirement for commercial cannabis applicants to be entrolled with the Regional Water Quality Board as of October 1, 2019.
Chair Scott asked if anyone present wished to speak and Eric Sklar spoke. No one else wished to speak and the public input portion of this item was closed.
7.4(Second Reading) Consideration of an Ordinance adding Article VIII to Chapter 13 of the Lake County Code Regarding Hazardous Vegetation Abatement
Ordinance
Adopted — Pass
Supervisor Simon offered the Ordinance and it was passed by roll call vote:
Clerk’s notes: Chair Scott presented the item to the Board. Community Development Director Michalyn DelValle spoke.
Chair Scott asked if anyone present wished to speak and the following people spoke: Joan Moss, Charles Francis, Henry Berg and Tom Nixon. No one else wished to speak and the public input portion of this item was closed.
7.5Discussion and Consideration of a Possible Limited Moratorium Relating to the Acceptance of Pre-applications and Applications for Commercial Cannabis Cultivation Use Permits to Allow for the Expeditious Processing of Applications Already Submitted and to Allow for Review of Possible Changes to the Zoning Ordinance to more Efficiently Coordinate the Processing of Such Permits
Action Item
approved
There was Board consensus to revise the moratorium date from April 1, 2019 to May 1, 2019 and agreed to accept 12 applications per month on a first come first serve basis. The item will be brought back next week for a first reading.
Clerk’s notes: County Counsel Anita Grant presented the item to the Board. Community Development Director Michalyn DelValle and Principal Planner Byron Turner were also present and spoke.
Chair Scott asked if anyone present wished to speak and the following people spoke: Eric Sklar, Bennie Alveraz, Lance Williams and Nancy Ruzika. No one else wished to speak and the public input portion of this item was closed.
7.6Consideration of Agreement between the County of Lake and Foothill Associates for Proposition 68 Statewide Park Development and Community Revitalization Program Support Services
Agreement
approved — Pass
Carried 5-0 — moved by Simon (recovered from the archived minutes)
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
On motion of Supervisor Simon, and by vote of the Board, approved Agreement between the County of Lake and Foothill Associates for Proposition 68 Statewide Park Development and Community Revitalization Program Support Services. The motion carried by the following vote:
Clerk’s notes: Public Services Director Lars Ewing 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.
7.7Consideration of (a) Amendment Two to Agreement between the County of Lake and Lake County Waste Solutions, Inc. for Solid Waste Handling and Recycling Services; and (b) Amendment Two to Agreement between the County of Lake and South Lake Refuse Company, LLC for Solid Waste Handling and Recycling Services
Agreement
approved
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
(a) On motion of Supervisor Sabatier, and by vote of the Board, approved Amendment Two to Agreement between the County of Lake and Lake County Waste Solutions, Inc. for Solid Waste Handling and Recycling Services. The motion carried by the following vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
(b) On motion of Supervisor Sabatier, and by vote of the Board, approved Amendment Two to Agreement between the County of Lake and South Lake Refuse Company, LLC for Solid Waste Handling and Recycling Services. The motion carried by the following vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
Clerk’s notes: Public Services Director Lars Ewing presented the item to the Board.
Chair Scott asked if anyone present wished to speak and the following people spoke: Debbie White. No one else wished to speak and the public input portion of this item was closed.
7.8Consideration of (a) A change to the days and hours of operation at the Lower Lake Schoolhouse Museum and (b) A change to the hours of operation at the Gibson Museum in Middletown
Action Item
approved
Carried 5-0 — moved by Simon
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 5-0 — moved by Simon
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
(a) On motion of Supervisor Simon, and by vote of the Board, approved to change the days and hours of operation at the Lower Lake Schoolhouse Museum to Wednesday through Saturday 11:00 a.m. to 4:00 p.m. The motion carried by the following vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
(b) On motion of Supervisor Simon, and by vote of the Board, approved to change the hours of operation at the Gibson Museum in Middletown to Wednesday through Saturday 11:00 a.m. to 4:00 p.m. The motion carried by the following vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
Clerk’s notes: Public Services Director Lars Ewing presented the item to the Board. Museum Curator Clark McAbee was also present and spoke.
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. Closed Session
8.1Public Employee Evaluations
Title: Interim Public Health Officer
Closed Session Item
8.2Public Employee Appointment Pursuant to Gov. Code Section 54957(b)(1):
(a) Appointment of Public Health Officer
Closed Session Item
Motion carried
Carried 5-0
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
On motion of Simon, and by vote of the Board, appointed Erin Gustafson to Public Health Officer. The motion carried by the following vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
Clerk’s notes: The Board reconvened into Regular Session at 12:10 p.m. having taken the following action:
8.3Employee Disciplinary Appeal (EDA 19-01) Pursuant to Gov. Code sec. 54957
Closed Session Item
Clerk’s notes: Chair Scott announced that the Board would go back into Closed Session at 12:13 p.m. for the reasons stated on the agenda.
8.4Employee Disciplinary Appeal (EDA 19-02) Pursuant to Gov. Code sec. 54957
Closed Session Item
8.5Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code sec. 54956.9(d)(1): County of Lake, et al. v. PG&E, et al
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 1:32 p.m. having taken no further action.