Board Of Supervisors — Tuesday, September 10, 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 Resolution Expressing Support for the Lower Lake High School Homecoming Parade
Resolution
passed on consent
5.2Approve Letter of Support for Lake County Watershed Protection District's grant application for the Scotts Creek Scientific Study.
Letter
passed on consent
5.3Adopt Resolution Amending Resolution No. 2018-118 Establishing Temporary Alternative Office Hours for County offices located in and surrounding the Lake County Courthouse
Resolution
pulled on consent
Adopted — Pass
Supervisor Sabatier offered the Resolution and it was passed by roll call vote:
Clerk’s notes: This item was pulled for discussion later in the meeting. Deputy County Administrative Officer Matthew Rothstein presented the item.
Chair Scott asked if anyone present wished to speak and public citizen Joan Moss spoke. No one else wished to speak and the public input portion of this item was closed.
5.4Approve Minutes of the Board of Supervisors meeting held June 4, 2019, June 11, 2019, June 25, 2019, July 9, 2019, and August 27, 2019.
Minutes
passed on consent
5.5Adopt Resolution Approving Agreement No.19-0267-022-SF with California Department of Food and Agriculture for compliance with the Sudden Oak Death Quarantine Program for period July 1, 2019 through June 30, 2020 in the amount of $6,483.28
Resolution
passed on consent
5.6Adopt Resolution Approving Agreement No.19-0268-029-SF with the California Department of Food and Agriculture to authorize the execution of the Light Brown Apple Moth Detection Program July 1, 2019 through June 30, 2020 in the amount of $2,484.00.
Resolution
passed on consent
5.7Adopt Resolution Approving Agreement No. 19-0630-000-SA with California Department of Food and Agriculture for compliance with the Nursery Inspection program for period July1, 2019 through June 30, 2020 in the amount of $500.00.
Resolution
passed on consent
5.8(a) Authorize to Appoint David Schwenger as Interim Assistant Assessor-Recorder; and (b) Authorize to Appoint Lan Dia Janakes as Interim Chief Deputy Assessor-Recorder - Valuations
Action Item
passed on consent
Motion carried
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
Clerk’s notes: This item was pulled and continued to a future date.
5.9(a) Approve the District Attorney's Equitable Sharing Agreement and Certification for the Fiscal Year July 1, 2018 to June 30, 2019 and Authorize the Chair to Sign; and (b) Authorize Doris Lankford to Electronically Submit the Report
Action Item
passed on consent
5.10Approve Out-of-State Travel for Claudia Mendez and Crystal Martin, October 20, 2019-October 23, 2019 to the Leave No Victim Behind IV Conference in Las Vegas, NV.
Action Item
passed on consent
5.11Approve the Certification of Assurance of Compliance Form for the Victim-Witness Assistance Program for 10/1/19 through 9/30/20 and authorize the Chair to Sign.
Action Item
passed on consent
5.12Approve Annual Renewal of Veterans Subvention Program Certificate of Compliance and Medi-Cal Cost Avoidance Program Certificate and authorize the Board Chair to Sign
Action Item
passed on consent
5.13Approve Long Distance Travel for Emillie Feenan to attend the CityMatCH Maternal and Child Health Leadership Conference in Providence, RI from September 20th through 26th, 2019 in the amount of $2,500
Action Item
passed on consent
5.14(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; (b) Reconfirm Agreement for Medical Services in Lake County's Detention Facility with California Forensic Medical Group in the amount of $2,745,582 for FY 2019-2022
Agreement
passed on consent
5.15(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; (b) Approve the five-year Agreement between the County of Lake and Superion, LLC for Financial Systems hosting and migration services, with a one-time setup cost of $10,000, and $62,209.95 annual cost in year one, and authorize the Board Chair to sign
Agreement
passed on consent
5.16Adopt Resolution for Temporarily Prohibiting Parking and Authorizing Removal of Vehicles on Main Street (Between 2nd and 4th Street) in Kelseyville for the Kelseyville Pear Festival Farm to Fork Dinner and Dance, September 27, 2019.
Resolution
passed on consent
5.17Adopt Resolution for Temporarily Prohibiting Parking and Authorizing Removal of Vehicles on Various Roads in Kelseyville for the Kelseyville Pear Festival, September 27 & 28, 2019.
Resolution
passed on consent
5.18Approve the Continuation of a Local Emergency due to the Atmospheric River Event 2019.
Agreement
passed on consent
5.19Approve the Continuation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires).
Agreement
passed on consent
5.20Approve the Continuation of a Local Emergency due to the Pawnee Fire Incident.
Agreement
passed on consent
5.21Approve the Continuation of a Local Emergency due to the Sulphur Fire Incident.
Agreement
passed on consent
5.22Approve the Continuation of a Local Emergency due to the Clayton Fire.
Agreement
passed on consent
5.23Approve the Continuation of a Local Emergency due to the Atmospheric River Storm 2017.
Agreement
passed on consent
5.24(Sitting as the Lake County Sanitation District, Board of Directors) Approve Amendment #1 to the Agreement between Lake County Sanitation District and California Exterminators Alliance extending the contract for one year under the same terms and conditions in the amount of $29,348, and authorize the Chair to sign.
Agreement
passed on consent
5.25Approve the purchase of communications equipment from (a) Fisher Wireless in the estimated amount of $20,000 and; (b) County of Mendocino in the estimated amount of $12,000 and; (c) Dailey-Wells in the estimated amount of $11,000 to be installed on Mt. St. Helena and Authorize the Sheriff to sign the purchase orders
Action Item
passed on consent
5.26(Sitting as Lake County Watershed Protection District, Board of Directors) Adopt Resolution Authorizing the Lake County Watershed Protection District to File Grant Application and Signature Authorization to Execute Agreement for a California State Parks Division of Boating and Waterways Quagga and Zebra Mussel Infestation Prevention FY 2018/19 Grant Titled Clear Lake QZ Mussel Prevention Implementation Project FY 2018-19 Project.
Resolution
passed on consent
5.27(Sitting as Lake County Watershed Protection District, Board of Directors) Approve the First Amendment to an Agreement with the Regents of the University of California in the amount of $110,670 for Sediment Sampling in Clear Lake, and authorize the Chair to sign.
Agreement
passed on consent
5.28(Sitting as Lake County Watershed Protection District, Board of Directors) Adopt Resolution Authorizing Lake County Watershed Protection District to File Grant Application for the Scientific Study of the Scott's Creek Watershed.
Resolution
passed on consent
5.29ADDENDUM: Approve Side Letter to the Lake County Deputy Sheriff’s Association (LCDSA) Memorandum of Understanding (MOU) and Authorize Lead Negotiator to Sign.
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 5.29, with the exception of Item 5.3, which was pulled for discussion and 5.8, which was continued to a later date. The motion carried by the following vote:
6. Timed Items
6.19:00 A.M. - PUBLIC HEARING - Consideration of the Final Recommended Budget for Fiscal Year 2019/2020 for the County of Lake and Special Districts Governed by the Board of Supervisors
Public Hearing
Adopted
Carried 5-0 — moved by Brown
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
(a) Supervisor Brown offered the Resolution, as amended, and it was passed by roll call vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
(b) Supervisor Brown offered the Resolution and it was passed by roll call vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
(c) On motion of Supervisor Brown, and by vote of the Board, approved the continuation of the Informal Hiring Freeze for General Fund departments, delegating authority to the County Administrative Officer to waive as appropriate. The motion carried by the following vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board. For the final budget, there was discussion to reappropriate funds from the Harbor Study ($50,000), Nice Clubhouse Remodel ($50,000) and General Fund Support for Code Enforcement ($140,000) to the feasibility study planned through participation in the Potter Valley Ad Hoc Committee and Culvert Funding for the Scotts Valley Area. Public Works Director Scott DeLeon, Public Services Director Lars Ewing, Community Development Director Michalyn DelValle and Auditor-Controller Cathy Saderlund 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.
6.29:05 A.M. - Public Input
Clerk’s notes: There was no public input.
6.39:06 A.M. - Consideration of Continuation of a Local Health Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transportation, and Disposal of Fire Debris for the Mendocino Complex Fire.
Resolution
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 Local Health Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transportation, and Disposal of Fire Debris for the Mendocino Complex Fire. The motion carried by the following vote:
Clerk’s notes: Health Services Director Denise Pomeroy presented the item to the Board. Ms. Pomeroy reported that Cal Recycle has 17 properties remaining for clean up and 3 to 5 properties for abatement that will be finished by the end of October 2019. Public Services Director Lars Ewing 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.
6.59:30 A.M. - Discussion and Direction about seeking to offer voters the ability to vote on a Sales Tax Measure to Improve Roads.
Action Item
continued
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) There was Board consensus to support the Area Planning Council survey regarding a sales tax measure to improve roads in Lake County.
(b) On motion of Supervisor Sabatier, and by vote of the Board, approved to reopen the item for discussion. The motion carried by the following vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
There was Board consensus to continue this item to hear from the Lake County Deputy Sheriff's Association on their position of a sales tax measure. The survey regarding the tax measure will be placed on hold.
Clerk’s notes: (a) Supervisor Sabatier introduced the item. Public Works Director Scott DeLeon presented the item to the Board.
Chair Scott asked if anyone present wished to speak and public member Joan Moss spoke. No one else wished to speak and the public input portion of this item was closed.
(b) Later in the meeting, Supervisor Brown requested to reopen this item for further discussion.
Supervisor Brown asked that this item be continued to a future date as the Lake County Deputy Sheriff's Association is also planning a future tax measure and would like a discussion with this group.
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. Non-Timed Items
7.1Supervisors’ weekly calendar, travel and reports
7.2Consideration of Appointment of a Supervisor as an Alternate to the Eel Russian River Commission (ERRC)
Appointment
approved — Pass
Carried 5-0 — moved by Brown (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 Brown, and by vote of the Board, appointed Supervisor Sabatier as the alternate for the Eel Russian River Commission (ERRC). The motion carried by the following vote:
Clerk’s notes: Supervisor Crandell 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.
7.3Discussion and Consideration of (a) the Initial Draft of an Ordinance Amending Specified Sections of Article 1 of Chapter 3 of the Lake County Code Relating to Agriculture and Plant Protection Pertaining to Industrial Hemp; and (b) the Formation of an Ad-Hoc Committee to Consider making Recommendations to Industrial Hemp Regulations.
Action Item
recommended for approval
There was Board consensus to form an Industrial Hemp Ad-Hoc Committee to make further recommendations on the Draft Ordinance. The committee will consist of 7 members; 1 hemp cultivator, 1 cannabis cultivatior, 1 each from the Community Development Department, Agriculture Deptpartment, the Farm Bureau and 2 Supervisors (Sabatier and Brown). This will be a Brown Act compliant committee and applications will be accepted for consideration by the Board for the hemp and cannabis cultivator members. An advertisement will be placed in the Record Bee for applicants.
Clerk’s notes: Agricultural Commissioner Steve Hajik presented the item to the Board. County Counsel Anita Grant spoke.
Chair Scott asked if anyone present wished to speak and the following people spoke: Rob Shergus, Raymond Housnick, Michael Green, Mike Mitzel, Taylor, Caleb Marks, Chris Goldman, Tom Nickel, Mark Borghesani, Richard Derum, Danielle Fontanau, Erin McCarrick, Mary Draper, Jennifer Smith, Hank Lescher, Michael Wagner, Lance Williams and Jason Tourmano. No one else wished to speak and public input portion of this item was closed.
7.4Consideration of Change Order No. One for Clark Drive Pavement Repair Project; Federal Project No. BRLS-5914(025); Bid No. 18-24; for an increase of $2,251.15 and a revised contract amount of $299,578.15
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 Change Order No. One for Clark Drive Pavement Repair Project; Federal Project No. BRLS-5914(025); Bid No. 18-24; for an increase of $2,251.15 and a revised contract amount of $299,578.15. The motion carried by the following vote:
Clerk’s notes: Public Works Director Scott DeLeon 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. Closed Session
8.1Public Employee Evaluations
Title: Animal Care and Control Director
Title: County Administrative Officer
Closed Session Item
8.2Conference 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 1:55 p.m. having taken no action.