Board Of Supervisors — Tuesday, September 22, 2020
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To participate in real time, please join the Zoom Meeting, by clicking the link below at 9am: https://lakecounty.zoom.us/j/99379870523?pwd=SG9lNXp0MlN3c0RVRTA0K3MycE1XZz09 Meeting ID: 993 7987 0523 Passcode: 835361 One tap mobile +16699006833,,99379870523#,,,,,,0#,,835361# US (San Jose)
To submit a written comment on any agenda item please visit https://countyoflake.legistar.com/Calendar.aspx and click on the eComment feature linked to the meeting date. If a comment is submitted after the meeting begins, it may not be read during the meeting but will become a part of the record.
Thank you for your interest in this meeting.
1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Consideration of Extra Items Not Appearing on the Posted Agenda
4.1EXTRA ITEM - (a) Consideration of “extra” agenda item, and, (b) Consideration of Additional Change to Board’s Annual Meeting Calendar for 2020
Action Item
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 Crandell
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 to take this item up as an extra, as there is a need to take immediate action and the need for action came to attention of the County subsequent to the agenda being posted. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
b) On motion of Supervisor Crandell, and by vote of the Board, adjourned the September 29, 2020 Board of Supervisors meeting. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: a) 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.
b) 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.
4.2EXTRA ITEM - (a) Consideration of “extra” agenda item, and, (b) Consideration of 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.
Action Item
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 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 to take this item up as an extra, as there is a need to take immediate action and the need for action came to attention of the County subsequent to the agenda being posted. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
b) On motion of Supervisor Sabatier, and by vote of the Board, approved 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:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: a) 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.
b) Chair Simon 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.
4.3EXTRA ITEM - (a) Consideration of “extra” agenda item, and, (b) Consideration of the Continuation of a Local Health Emergency Related to the 2019 Coronavirus (COVID-19) as Proclaimed by the Lake County Public Health Officer
Action Item
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 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 to take this item up as an extra, as there is a need to take immediate action and the need for action came to attention of the County subsequent to the agenda being posted. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
b) On motion of Supervisor Sabatier, and by vote of the Board, approved the Continuation of a Local Health Emergency Related to the 2019 Coronavirus (COVID-19) as Proclaimed by the Lake County Public Health Officer. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: a) 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.
b) Chair Simon 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.
4.4EXTRA ITEM - (a) Consideration of “extra” agenda item, and, (b) Consideration of the Continuation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires).
Action Item
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 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 to take this item up as an extra, as there is a need to take immediate action and the need for action came to attention of the County subsequent to the agenda being posted. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
b) On motion of Supervisor Sabatier, and by vote of the Board, approved the Continuation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires). The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: a) 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.
b) Chair Simon 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.
4.5EXTRA ITEM - (a) Consideration of “extra” agenda item, and, (b) Consideration of the Continuation of a Local Emergency due to the Pawnee Fire Incident.
Action Item
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 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 to take this item up as an extra, as there is a need to take immediate action and the need for action came to attention of the County subsequent to the agenda being posted. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
b) On motion of Supervisor Sabatier, and by vote of the Board, approved the Continuation of a Local Emergency due to the Pawnee Fire Incident. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: a) 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.
b) Chair Simon 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.
4.6EXTRA ITEM - (a) Consideration of “extra” agenda item, and, (b) Consideration of the Continuation of a Local Emergency due to COVID-19
Action Item
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 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 to take this item up as an extra, as there is a need to take immediate action and the need for action came to attention of the County subsequent to the agenda being posted. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
b) On motion of Supervisor Sabatier, and by vote of the Board, approved the Continuation of a Local Emergency due to COVID-19. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: a) 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.
b) Chair Simon 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.
4.7EXTRA ITEM - (a) Consideration of “extra” agenda item, and, (b) Consideration of the Continuation of a Local Emergency In Lake County in Response to the LNU Lightning Complex Wildfire Event
Action Item
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 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 to take this item up as an extra, as there is a need to take immediate action and the need for action came to attention of the County subsequent to the agenda being posted. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
b) On motion of Supervisor Sabatier, and by vote of the Board, approved the Continuation of a Local Emergency In Lake County in Response to the LNU Lightning Complex Wildfire Event. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: a) 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.
b) Chair Simon 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.
5. Approval of the Consent Agenda
5.1Adopt Proclamation Commending Bob Malley for his 10+ years of service as a Planning Commissioner
Proclamation
passed on consent
5.2Adopt Proclamation Honoring the 100th Anniversary of Disabled American Veterans
Proclamation
passed on consent
5.3Adopt Proclamation Declaring Friday, September 25, 2020 as Native American Day in Lake County, California
Proclamation
passed on consent
5.4Adopt Proclamation Commending Lydia Meraz for Heroic Actions in Saving the Life of 3-Year-Old Darius Apar
Proclamation
passed on consent
5.5Adopt Resolution Amending Resolution No. 2020-133 Adopting the Final Recommended Budget for Fiscal Year 2020-21
Resolution
passed on consent
5.6Approve Change to Board’s Annual Meeting Calendar for 2020
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 Agreement between the County of Lake and Resource Development Associates for implementation and maintenance of the Network of Care Website for Fiscal Year 2020-21 for a contract maximum of $48,000 and authorize the Board Chair to sign the Agreement
Action Item
passed on consent
5.8(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 Vista Pacifica Enterprises, Inc. for Adult Residential Support Services and Specialty Mental Health Services for Fiscal Year 2020-21 for contract maximum of $78,000 and authorize the Board Chair to sign the Agreement.
Action Item
passed on consent
5.9Adopt Resolution to Amend the Budget for FY 2020-2021 by Appropriating Unanticipated Revenue for Public Health Services and authorize the Health Services Director to sign necessary documents to secure these funds
Resolution
passed on consent
5.10(Sitting as the Kelseyville County Waterworks #3, Board of Directors) – (a) Approve Proposed Private Lateral Grant Program to Assist Property Owners For The Replacement Costs of Private Laterals to Reduce Inflow and Infiltration; and (b) Adopt Resolution canceling reserves in the amount of $15,000 to fund the program
Resolution
passed on consent
5.11(a) Adopt Resolution revising the Fiscal Year 2020-2021 Adopted Budget of the County of Lake by cancelling reserves in Fund 295 Special Districts Administration Equipment, in the amount of $30,000 to make appropriations in Budget Unit 8695, Object Code 786.62-74; (b) Authorize the Special Districts Administrator / Assistant Purchasing Agent to issue a Purchase Order not to exceed $30,000 to Industrial Electrical Company for the Purchase of a 15 KW Generator for the Special Districts Administration Building.
Resolution
passed on consent
5.12Adopt Proclamation Commending Jerry Pfann on his retirement
Proclamation
passed on consent
5.13Approve Mileage Reimbursement for Al Acrey, Quagga Mussel Monitor in the amount of $983.32 and authorize the Auditor to pay
Action Item
passed on consent
Adopted — Pass
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 Consent Agenda Items 5.1 through 5.13. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown and Simon
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 Direction to the Registrar of Voters, regarding the Referendum Against Ordinance No. 3097, “An Ordinance of the County of Lake to Provide for Graduated Levels of Enforcement of Public Health Orders Through Education and Training and the Imposition of Administrative Fines”, adopted by your Board on August 18, 2020
Action Item
Adopted — Pass
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, directed Registrar of Voters to verify the signatures on the petition against Ordinance No. 3097. 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. County Counsel Anita Grant spoke.
Chair Simon asked if anyone present wished to speak and the following people present in the Board of Supervisors Chambers spoke: Doug Meyers, Bob Michaelson, Carly Elliot, Brian Dobrowski, and Val Lancaster. The following people spoke via Zoom: Matthew Nelson, Frank Dolloso, Darrilyn Thrap, and Galaxy S9. No one else wished to speak and the public input portion of this item was closed.
6.310:00 A.M. - Presentation of (a) Proclamation Commending Bob Malley for his 10+ years of service as a Planning Commissioner; (b) Proclamation Commending Jerry Pfann on his Retirement; (c) Proclamation Honoring the 100th Anniversary of Disabled American Veterans; and (d) Proclamation Declaring Friday, September 25, 2020 as Native American Day in Lake County, California; and (e) Proclamation Commending Lydia Meraz for Heroic Actions in Saving the Life of 3-Year-Old Darius Apar
Proclamation
These Ceremonial Items were read into the record and presented.
Clerk’s notes: a) Supervisor Sabatier read the proclamation into the Record and presented it to Bob Malley. Bob Malley 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.
b) Chair Simon read the proclamation into the record and presented it to Jerry Pfann. Chris Chwialkowski, Jerry Pfann, and Susan Krones 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.
c) Supervisor Crandell read the proclamation into the record and presented it.
Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
d) Chair Simon read the proclamation into the record and presented it.
Chair Simon asked if anyone present wished to speak and the following person spoke via Zoom: Sally Peterson. No one else wished to speak and the public input portion of this item was closed.
e) Supervisor Crandell read the proclamation into the record and presented it.
Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.410:10 A.M. - Presentation of Employee Service Awards
Ceremonial Item
Clerk’s notes: Human Resources Director Pam Samac presented a PowerPoint Presentation to the Board. Chief Probation Officer Rob Howe, Social Services Director Crystal Markytan, District Attorney Susan Krones, Public Works Director Scott DeLeon, County Administrative Officer Carol Huchingson, Health Services Director Denise Pomeroy, and Public Services Director Lars Ewing spoke.
Chair Simon asked if anyone present wished to speak and the following people spoke via Zoom: Sally Peterson, Charise Reynolds, and Mary Pagan. No one else wished to speak and the public input portion of this item was closed.
6.511:00 A.M. - PUBLIC HEARING - Consideration/Discussion of Naming Existing Unnamed Roads in the Jerusalem Valley Area of Middletown
Public Hearing
Adopted — Pass
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 Chair Simon, and by vote of the Board, approved Naming Existing Unnamed Roads in the Jerusalem Valley Area of Middletown. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown and Simon
Clerk’s notes: Public Works Director Scott De Leon presented the item to the Board. County Surveyor Gordon Haggitt spoke.
Chair Simon asked if anyone present wished to speak and the following people spoke via Zoom: Glo Anderson and Gabrielle O'Neill. No one else wished to speak and the public input portion of this item was closed.
6.611:15 A.M. - (Continued from September 1, 2020) - Presentation on Continuing Issues Regarding Treasurer/Tax Collector’s Office, Vote of No Confidence and Request for Resignation of Barbara Ringen
Presentation
The motion by Supervisor Sabatier for a vote of no confidence died due to the lack of a second.
Clerk’s notes: Supervisor Sabatier introduced the item to the Board. Treasurer-Tax Collector Barbara Ringen and County Administrative Officer Carol Huchingson spoke.
Chair Simon asked if anyone present wished to speak and the following person present in the Board of Supervisors Chambers spoke: Joan Moss. The following people spoke via Zoom: Michael Green and Richard Burk. 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
8. Closed Session
8.1Public Employee Evaluations:
Title: IT Director
Title: Social Services Director
Closed Session Item
8.2Conference with Legal Counsel: Existing Litigation pursuant to Government Code section 54956.9(d)(1) Center for Biological Diversity v. County of Lake, et al.
Closed Session 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, authorized the engagement of Miller, Starr, Regalia to provide legal consultation and defense to the County in the matters of California Native Plant Society v. County of Lake, et al. and Center for Biological Diversity v. County of Lake, et al., the expense of which shall be reimbursed by Lotusland Investment Holdings pursuant to its development agreement with the County, and authorized the County Counsel to sign. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
8.3Conference with Legal Counsel: Existing Litigation pursuant to Government Code section 54956.9(d)(1) California Native Plant Society v. County of Lake, et al.
Closed Session 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, authorized the engagement of Miller, Starr, Regalia to provide legal consultation and defense to the County in the matters of California Native Plant Society v. County of Lake, et al. and Center for Biological Diversity v. County of Lake, et al., the expense of which shall be reimbursed by Lotusland Investment Holdings pursuant to its development agreement with the County, and authorized the County Counsel to sign. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon