Board Of Supervisors — Tuesday, July 21, 2020
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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
5.1Approve (a) Ratification of County Administrative Officer's action to send letters to tenants of the Harbor Village Artist Cottages to offer relief of rent during the COVID-19 Health Emergency; (b) Ratification of County Administrative Officer's action to send a letter to the tenant of the Courthouse Coffee Kiosk to offer relief of rent during the COVID-19 Health Emergency; and (c) Authorization for County Administrative Officer to evaluate future needs of tenants on a continuing basis to offer rent relief when necessary
Action Item
passed on consent
5.2Approve Agreement Between County of Lake and Cobb Area County Water District for Community Development Block Grant (CDBG) Project Fund Utilization under Agreement 18-CDBG-12872 between the County of Lake and Department of Housing and Community Development
Report
passed on consent
5.3Adopt Resolution Approving County of Lake Health Services Department to submit a Renewal Application and Certification Statement for the Maternal, Child and Adolescent Health (MCAH) Grant with the State of California, Department of Public Health for Fiscal Year 2020 through 2021, in the amount of $298,367.23 and Authorizing the Board Chair to sign said Certification, and Health Services Director to sign application.
Action Item
passed on consent
5.4(a) Waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve Agreement between the County of Lake and A&P Helicopters for Fiscal Year 2020/21 in the amount of $100,000 and authorize the Chair to sign
Action Item
passed on consent
5.5Approve (a) Purchase of vehicle equipment from Precision Wireless in the amount of $67,148.97 and installation costs in the amount of $30,024.33 from the Sheriff/Pursuit Replacement Budget Unit 2217, Object Code 28.30; and (b) Authorize the Sheriff/Coroner or his designee to issue purchase orders for said purchases
Action Item
passed on consent
5.6Approve Contract Between County of Lake and North Coast Opportunities, Inc. for the Housing and Disability Advocacy Program, in the Amount of $167,162 from April 1, 2020 to June 30, 2021, and Authorize the Chair to Sign.
Agreement
passed on consent
5.8Approve the Distribution of Excess Proceeds in the amount of $365,125.41 from Tax Defaulted Land Sale #155 held on June 9, 2017 (Group 2) (per R&T §4675).
Action Item
pulled on consent
Motion carried · 2 motions
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 Scott
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 Distribution of Excess Proceeds in the amount of $365,125.41 from Tax Defaulted Land Sale #155 held on June 9, 2017 (Group 2) (per R&T §4675). The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
On motion of Supervisor Scott, and by vote of the Board, approved consent agenda items 5.1 through 5.7 with the exception of 5.8 which was pulled for further discussion. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: Supervisor Sabatier presented the item to the Board. Treasurer-Tax Collector Barbara Ringen spoke.
Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6. Timed Items
6.19:01 A.M. - PUBLIC INPUT
Report
Clerk’s notes: There was no public input.
6.29:02 A.M. - Consideration of Update on COVID-19
Presentation
Report only.
Clerk’s notes: Public Health Officer Dr. Gary Pace presented the item to the Board. Health Services Director Denise Pomeroy spoke.
Chair Simon asked if anyone present wished to speak and the following person spoke via Zoom: Michael Green. No one else wished to speak and the public input portion of this item was closed.
6.39:30 A.M. - PUBLIC HEARING - (Sitting concurrently as Clearlake Keys CSA#1, #2,#6,#7,#13, #16, #18, #20, #21, #22- Board of Supervisors, Kelseyville County Waterworks District #3 and Lake County Sanitation District - Board of Directors) -Consideration of (a) Resolution Confirming Collections of Annual Lighting Fees; (b) Resolution Confirming Collections of Delinquent Water Fees; (c) Resolution Confirming Collections of Delinquent Water and Sewer Fees; and (d) Resolution of Delinquent Sewer Fees for Lake County Sanitation District.
Public Hearing
a) Supervisor Sabatier offered the resolution and it was passed by roll call vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
b) Supervisor Sabatier offered the resolution and it was passed by roll call vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
c) Supervisor Sabatier offered the resolution and it was passed by roll call vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
d) Supervisor Sabatier offered the resolution and it was passed by roll call vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: Special Districts Administrator Jan Coppinger presented the item to the Board. County Administrative Officer Carol Huchingson and County Counsel Anita Grant spoke.
Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.410:00 A.M. - PUBLIC HEARING - Consideration of Resolution Declaring Certain Real Property Owned By the County of Lake as Surplus and Authorizing the Sale and Disposition of Portions of Said Property for the Benefit of the Public, and (b) Authorize the County Administrative Officer to Execute the Vacant Land Purchase Agreement with the Lake Transit Authority for a Sale Price of $200,000 and to Carry Out All Necessary Actions to Complete the Sale
Public Hearing
Motion carried
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) Supervisor Sabatier offered the resolution and it passed by roll call vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
b) On motion of Supervisor Sabatier, and by vote of the Board, authorized the County Administrative Officer to Execute the Vacant Land Purchase Agreement with the Lake Transit Authority for a Sale Price of $200,000 and to Carry Out All Necessary Actions to Complete the Sale. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: County Administrative Officer Carol Huchingson introduced the item to the Board. Assistant County Administrative Officer Susan Parker presented the item to the Board. Lake Transit Authority Program Manager James Sookne and Lake Transit Authority Executive Director Lisa Davey-Bates spoke.
Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.510:30 A.M. - PUBLIC HEARING - Continued from July, 7 2020 - Consider and Approve Guenoc Valley Mixed Use Planned Development Project (AM 18-04; DA 18-01, GPAP 18-01; RZ 18-01 & RZ 20-01; GPD 18-01; SD 18-01, SD 20-01, UP 18-49 and UP 20-02)
Public Hearing
Motion carried · 10 motions
Carried 4-1 — moved by Simon
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 4-1 — moved by Simon
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 4-1 — moved by Simon
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 4-1
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 4-1 — moved by Simon
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 4-1 — moved by Simon
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 4-1 — moved by Simon
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 4-1 — moved by Simon
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 4-1 — moved by Simon
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 4-1 — moved by Simon
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
(a) On motion of Supervisor Simon, and by vote of the Board, adopted the Water Supply Assessment, certify that the Final Environmental Impact Report, EIR 18-01 (FEIR) prepared for the Guenoc Valley Mixed Use Planned Development Project has been completed in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, adopt the Mitigation Monitoring and Reporting Program, and adopt the Findings of Fact and Statement of Overriding Considerations.
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(b) On motion of Supervisor Simon, and by vote of the Board, amended General Plan Policy LU 6.12 of Chapter 3, Section 3.9 (Economic Development) of the Lake Country General Plan, because it is in the public interest as it supports implementation of the Middletown Area Plan and policies of the General Plan, especially related to economic development and support for economically diverse job base, innovative resort/residential communities, agritourism opportunities and resort-related uses while at the same time protecting significant agricultural lands, open space and natural resources of the area, as further presented in the Supplemental Staff Report dated June 22, 2020 and the Memorandum dated July 1, 2020 to include the following section: “6.12.3 The provisions of LU 6.12.1 and 6.12.2 shall not apply to the Langtree/ Guenoc Special Study Area of the Middletown Area Plan”. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(c) Supervisor Simon offered the resolution and it was passed by roll call vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(d) On motion of Supervisor Simon, and by vote of the Board, approved the Zoning Ordinance Text Amendment (AM 18-04) applied for by Lotusland Land Investments Holdings, Inc. for the reasons listed in the Memorandum
dated July 17, 2020. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(e) On motion of Supervisor Simon, and by vote of the Board, moved that the reading of the Ordinance be waived and be read in title only. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(f) Supervisor Simon recommend that the Ordinance be advanced to the next agenda for a second reading. Th motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(g) On motion of Supervisor Simon, and by vote of the Board, moved that the reading of the ordinance be waived and the title only be read. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(h) Supervisor Simon offered the Ordinance and it was passed by roll call vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(i) On motion of Supervisor Simon, and by vote of the Board, approved the General Plan of Development (GPD 18-01) applied for by Lotusland Land Investments Holdings, Inc., subject to the Conditions of Approval and with the findings and reasons listed in the Environmental Impacts Report (EIR), Staff Report Packet Dated June 18, 2020, the Supplemental Staff Report dated June 22, 2020 and the Memorandum dated July 1, 2020. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(j) On motion of Supervisor Simon, and by vote of the Board, moved that the Board of Supervisors find that Major Use Permit (UP 18-49), applied for by Lotusland Land Investments Holdings, Inc., does meet the requirements of Article 15, Section 15.7 and Article 51, Section 51.4 of the Lake County Zoning Ordinance and grant the Major Use Permit for the Guenoc Valley Mixed Use Planned Development Project subject to the Conditions of Approval, and with the findings listed in the Environmental Impact Report (EIR), Staff Report Packet Dated June 18, 2020, the Supplemental Staff Report dated June 22, 2020 and the Memorandum dated July 1, 2020. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(k) On motion of Supervisor Simon, and by vote of the Board, moved to find that the Tentative Subdivision Maps (SD 18-01) applied for by Lotusland Land Investments Holdings, Inc. is in conformity with the provisions of the Subdivision Map Act and Chapter 17 of the Lake County Code and upon that basis, the Board of Supervisors approve said map, subject to the Conditions of Approval, and with the reasons and findings of approval listed in the Environmental Impact Report (EIR), Staff Report Packet Dated June 18, 2020, the Supplemental Staff Report dated June 22, 2020 and the Memorandum dated July 1, 2020. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(l) On motion of Supervisor Simon, and by vote of the Board, approved the Development Agreement (DA 18-01) applied for by Lotusland Land Investments Holdings, Inc. based on the reasons and findings of approval listed in the Environmental Impact Report (EIR), Staff Report Packet Dated June 18, 2020, the Supplemental Staff Report dated June 22, 2020 and the Memorandum dated July 1, 2020. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(m) Supervisor Simon offered the resolution as amended and it was passed by roll call vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(n) On motion of Supervisor Simon, and by vote of the Board, moved that the reading of the ordinance be waived and the title only be read. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(o) Supervisor Simon offered the Ordinance and it was passed by roll call vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(p) On motion of Supervisor Simon, and by vote of the Board, moved that the Board of Supervisors find the Tentative Subdivision Map (SD 20-01) applied for by Lotusland Land Investments Holdings, Inc. is in conformity with the provisions of the Subdivision Map Act and Chapter 17 of the Lake County Code and upon that basis, the Board of Supervisors approve said map subject to the Conditions of Approval and with the reasons and findings of approval listed in the Environmental Impact Report (EIR), Staff Report Packet Dated June 18, 2020, the Supplemental Staff Report dated June 22, 2020 and the Memorandum dated July 1, 2020.
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
(q) On motion of Supervisor Simon, and by vote of the Board, moved that the Board of Supervisors find that Major Use Permit (UP 20-02) for the community clubhouse and duplexes applied for by Lotusland Land Investments Holdings, Inc. does meet the requirements of Article 51, Section 51.4 and Article 27, Section 27.11(f) of the Lake County Zoning Ordinance and grant the Major Use Permit, UP 20-02 subject to the Conditions of Approval, and with the findings listed in the Environmental Impact Report (EIR), Staff Report Packet Dated June 18, 2020, the Supplemental Staff Report dated June 22, 2020 and the Memorandum dated July 1, 2020.
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Noes- Supervisor: 1 - Brown
Clerk’s notes: Interim Community Development Director Scott De Leon presented the item to the Board. County Counsel Anita Grant, Analytical Environmental Services Representative Ryan Sawyer, MAHA Planning and Entitlement Manager Kirsty Shelton, Design Ecologist Spencer, and Attorney Katherine Philippakis spoke. Analytical Environmental Services Representative Peter Bonavelli was present.
Chair Simon asked if anyone present wished to speak and the following people spoke via Zoom: Peter Broderick, Denise Louie, Rosemary Cordova, Marjan Kris, Sally Peterson, Tim MacDonald, Victoria Brandon, Melissa Fulton, Lisa Kaplan, and Fletcher Thorton. The following people present in the Board of Supervisors Chambers spoke: Assistant Cal Fire Chief and Chief of South Lake County Fire Protection District Paul Duncan and Joan Moss. Written Public Comment was received from the following people: Sandra Fox, Dan Gluesenkamp, Janina Hoskins, California Native Plant Society, California Wildlife Foundation, State of California Department of Justice, Denise Louie, Howell Karabel, Terry Hoberg, and Center for Bological Diversity. 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
7.2Discussion and Consideration of Microenterprise Home Kitchen Operations
Action Item
There was Board Consensus to bring the Ordinance back at a later date.
Clerk’s notes: Supervisor Crandell presented the item to the Board. Denise Pomeroy, Peter Rutig, Cheryl Bennett, and Robert Cabreros spoke.
Chair Simon 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 Updates to Return to Work Protocol
Action Item
Motion carried
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
On motion of Supervisor Sabatier, and by vote of the Board, approved additions to the COUNTY OF LAKE COVID-19 PUBLIC HEALTH EMERGENCY Return to Work - Worksite Protection Protocol, authorizing the County Administrative Office or her designee to initiate the meet and confer process with labor groups. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board.
Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.4Consideration of Letter of Opposition to SB 474 (Stern)
Action Item
Motion carried
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
On motion of Supervisor Crandell, and by vote of the Board, approved Letter of Opposition to SB 474 (Stern). The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: Assistant County Administrative Officer Susan Parker presented the item to the Board.
Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.