Board Of Supervisors — Tuesday, April 2, 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
5.1Appoint Administrative Analyst Marcy Harrison Interim Deputy Registrar of Voters, retroactive to March 6, 2019
Appointment
pulled on consent
approved — Pass
Carried 5-0 — moved by Sabatier (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 Sabatier, and by vote of the Board, appointed Marcy Harrison as Interim Deputy Registrar of Voters, retroactive to March 6, 2019. The motion carried by the following vote:
Clerk’s notes: A public member asked that this item be pulled for discussion. County Administrative Officer Carol Huchingson presented the item to the Board.
Chair Scott asked if anyone present wished to speak and Elizabeth Larson spoke. No one else wished to speak and the public input portion of this item was closed.
5.2Approve Amendment 1 to the Agreement between the County of Lake and Kings View Corporation for MIS Support Services for Fiscal Year 2018-19 in the amount of $73,360 and authorize the Board Chair to sign the Amendment.
Action Item
pulled on consent
Clerk’s notes: This item was pulled at the request of the department and continued to April 9, 2019.
5.3Approve Amendment 2 to the Agreement between the County of Lake and Native American Mental Health Services dba North American Mental Health Services (NAMHS) for FY 2018-19 in the amount of $300,000 and authorize the Board Chair to sign the Amendment.
Action Item
passed on consent
5.4Approve Amendment to Side Letter with the Lake County Deputy Sheriff’s Association (LCDSA) to provide Deputy Sheriffs Assigned to Patrol the Opportunity to be placed on On-Call Status Due to a Typographical Error in the Body of the Document
Letter
passed on consent
5.5Authorize County Librarian to Close All Library Branches for Staff Training on April 27, 2019
Action Item
passed on consent
5.6Approve purchase of office furniture for the Emergency Operations Center from Staples Business Advantage in the amount of $26,081.84 and authorize the Sheriff/Coroner or his designee to sign the purchase order
Action Item
pulled on consent
approved — Pass
Carried 5-0 — moved by Sabatier (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
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 Sabatier, and by vote of the Board, approved the purchase of office furniture for the Emergency Operations Center from Staples Business Advantage in the amount of $26,081.84 and authorized the Sheriff/Coroner or his designee to sign the purchase order. The motion carried by the following vote:
Clerk’s notes: Public member Brad Chapman requested this item be pulled for discussion. Undersheriff Chris Macedo 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.
5.7(a) Approve Agreement between the Lake County Sheriff's Department and U.S. Forest Service for FY 19/20 annual operating and financial plan, in the amount of $11,000 for Pillsbury Patrol; and (b) Approve Agreement between the Lake County Sheriff’s Department and U.S. Forest Service for FY19/20 annual operating and financial plan, in the amount of $19,000 for Controlled Substance Operations, and authorize the Sheriff and the Chairman to sign
Action Item
passed on consent
5.8Approve Memorandum of Understanding (MOU) and Joint Exercise of Powers Agreement (JPA) Between the County of Lake and CalSAWS and authorize the Chair to sign all three copies of each agreement
Agreement
passed on consent
5.9Approve Waiver of the 900 hour limit for Extra Help Construction Inspectors for the Anderson Springs Sewer Project, allowing Mark Dellinger to work up to 960 hours and Ray Porter to work up to 1,000 hours
Action Item
passed on consent
approved — Pass
On motion of Supervisor Sabatier, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.9, with the exception of Items 5.1, 5.2 and 5.6. 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.
6.29:11 A.M. - (a) Consideration of Continuing a Proclamation of a Local Emergency due to an Atmospheric River Event 2019; and (b) Update on the Atmospheric River Event 2019
Presentation
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
(a) On motion of Supervisor Simon, and by vote of the Board, approved the continuation of a Proclamation of a Local Emergency due to an Atmospheric River Event 2019. The motion carried by the following vote:
Clerk’s notes: (a) Undersheriff Chris Macedo 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.
(b) No updated information provided.
6.39:12 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 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 continuation of a Proclamation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires). The motion carried by the following vote:
Clerk’s notes: Undersheriff Chris Macedo 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.
6.49:13 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 Sabatier (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 Sabatier, 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: Undersheriff Chris Macedo 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.
6.59:14 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 Sabatier (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 Sabatier, 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: Undersheriff Chris Macedo 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.
6.69:15 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to Clayton Fire
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 continuation of a Proclamation of a Local Emergency due to Clayton Fire. The motion carried by the following vote:
Clerk’s notes: Undersheriff Chris Macedo 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.
6.79:16 A.M. - Consideration of Continuing a Proclamation of a Local Emergency due to the Atmospheric River Storm 2017
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 continuation of a Proclamation of a Local Emergency due to the Atmospheric River Storm 2017. The motion carried by the following vote:
Clerk’s notes: Undersheriff Chris Macedo 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.
6.89:17 A.M. - Consideration of Continuing the Declaration of a Local Health Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transportation, and Disposal of Fire Debris
Action Item
approved — Pass
Carried 5-0 — moved by Sabatier (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 Sabatier, and by vote of the Board, approved the continuation of the the Declaration of a Local Health Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transportation, and Disposal of Fire Debris. The motion carried by the following vote:
Clerk’s notes: Public Health Officer Erin Gustafson presented the item to the Board. Environmental Health Director Jasjit Kang was present and spoke. There are a total of 17 properties that still need debris clean up. Several properties will not be included in the clean up at this time and are still working with the State.
6.91:30 P.M. - Workshop regarding Possible Revisions to the Lake County Zoning Ordinance for streamlining the Cannabis Cultivation Permitting Process and a Discussion Concerning the Addition of a Permitting Process for Retail and Microbusiness
Action Item
recommended for approval
There was Board consensus to move forward with recommendations for revisions to the Lake County Zoning Ordinance to streamline the cannabis permitting process and bring back recommendations for clustering mulitple projects on large parcels.
Clerk’s notes: Community Development Director Michalyn Del Valle presented the item to the Board. Principal Planner Byron Turner and Chief Building Official Mary Jane Montana were present and spoke. A PowerPoint presentation on the proposed changes to the Zoning Ordinance was given.
Chair Scott asked if anyone present wished to speak and the following people spoke: Mike Mitzel, Lance Williams, Robert Adelman, Mike Lundegan, Damian Ramirez and Bobby Dutcher. 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 Resolution of Support in Support of a Landowner seeking to Name an Unnamed Geographical Feature located solely within the Landowner's Private Property
Resolution
Adopted — Pass
Supervisor Simon offered the Resolution and it was passed by role call vote:
Clerk’s notes: Supervisor Simon introduced the item to the Board. Landowner Gregory Van Oss was 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.
7.3Consideration of the following appointments:
Lucerne Area Town Hall (LATH)
Maternal Child Adolescent Health Advisory Board (MCAH)
Middletown Area Town Hall (MATH)
Scotts Valley Community Advisory Council
Appointment
approved
Carried 5-0 — moved by Crandell
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
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
On motion of Supervisor Crandell, and by vote of the Board, appointed Mahealani Urquiza and Kevin Waycik to the Lucerne Area Town Hall (LATH). The motion carried by the following vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
On motion of Supervisor Simon, and by vote of the Board, reappointed Kim Tangermann, Helaine Moore, Carla Ritz, Jordan O'Halloran, Daphne Colacion and Angela Knight to the Maternal Child Adolescent Health Advisory Board (MCAH). The motion carried by the following vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
On motion of Supervisor Simon, and by vote of the Board, appointed Sally Peterson, Marlene Elder, Paul Baker and Thomas Darms and reappointed Claude Brown to the Middletown Area Town Hall (MATH). The motion carried by the following vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
On motion of Supervisor Simon, and by vote of the Board, appointed Paula Mune to the Scotts Valley Community Advisory Council. The motion carried by the following vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
Clerk’s notes: Chair Scott 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.
7.4Discussion and Consideration of Industrial Hemp Cultivation Status in the County of Lake
Action Item
continued
There was Board consensus that there would not be a moratorium on hemp and to bring the item back to discuss zoning and regulations.
Clerk’s notes: Agriculture Commissioner Steve Hajik presented the item to the Board.
Chair Scott asked if anyone present wished to speak and the following people spoke: Larry Hanshue, Mike Mitzel, Lance Williams and Michael Wagner. 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
Adopted, as amended — Pass
Supervisor Brown offered the Ordinance, as amended, and it was passed by role call vote:
Clerk’s notes: County Counsel Anita Grant presented the item to the Board. Community Development Director Michalyn DelValle and Byron Turner were present and spoke. The title will be revised to the following: An Urgency Ordinance implementing a temporary growth management plan for commercial cannabis cultivation use permits.
Chair Scott asked if anyone present wished to speak and the following spoke: Cliff Ruzika, Lance Williams, Mike Mitzel and Michael Wagner. No one else wished to speak and the public input portion of this item was closed.
8. Closed Session
8.1Public Employee Evaluations
Title: Water Resources Director
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 2:59 p.m. having taken the following action:
8.2Employee Disciplinary Appeal (EDA 19-01) Pursuant to Gov. Code sec. 54957
Closed Session 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, moved to grant appeal EDA 2019-01 and approve the Boards findings. The motion carried by the following vote:
8.3Employee Disciplinary Appeal (EDA 19-02) Pursuant to Gov. Code sec. 54957
Closed Session 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, moved to grant appeal EDA 2019-02 and approve the Boards findings. The motion carried by the following vote:
8.4Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code sec. 54956.9(d)(1): Rattanavong v. County of Lake, et al.
Closed Session 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 a settlement in the matter of Rattanavong v. County of Lake in the amount of $70,642.66 plus estinguishment of the existing abatement lien. The motion carried by the following vote: