Board Of Supervisors — Tuesday, June 21, 2022
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Due to the COVID-19 crisis, meetings of the Lake County Board of Supervisors will be available for participation virtually via Zoom. Live video of all Board of Supervisors meetings is broadcast online, at: https://countyoflake.legistar.com/Calendar.aspx
Thank you for your interest in this meeting.
Pet of the Week
Public Input
To participate in real time, please join the Zoom Meeting, by clicking the link below at 9am: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://lakecounty.zoom.us/j/98063106695?pwd=dUtQNEdsaUh1WnlnaTVUT3E0MklCdz09 Passcode: 027825 Or One tap mobile: +16699006833,,98063106695#,,,,*027825# US (San Jose) +13462487799,,98063106695#,,,,*027825# US (Houston) Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 Webinar ID: 980 6310 6695 Passcode: 027825 International numbers available: https://lakecounty.zoom.us/u/anCRJaYji Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) or 162.255.36.11 (US East) Webinar ID: 980 6310 6695 Passcode: 027825 SIP: 98063106695@zoomcrc.com Passcode: 027825
Due to the COVID-19 crisis, meetings of the Lake County Board of Supervisors will be available for participation virtually via Zoom. Live video of all Board of Supervisors meetings is broadcast online, at: https://countyoflake.legistar.com/Calendar.aspx
Thank you for your interest in this meeting.
Pet of the Week
Public Input
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 Recognizing the Friends of Boggs Mountain for Outstanding Contributions to Outdoor Recreation and Economic Development in Lake County
Proclamation
passed on consent
Staff memo
Executive Summary
As your Board is aware, the Friends of Boggs Mountain has been a dedicated and focused charitable organization making a meaningful difference for Lake County for two decades.
Their commitment to re-establishing Boggs Mountain Demonstration State Forest as a premier outdoor recreation destination in the aftermath of the Valley Fire, which destroyed all 24 miles of the then-existing trail network and 90% of the forest, has been particularly extraordinary.
Today, it is my great privilege to recognize the Friends of Boggs Mountain and Debbie St. Cyr of Redwood Trail Alliance for their resilience and remarkable contributions. Their dedication is an example and inspiration for all looking to accomplish big things in Lake County.
Recommended Action
Adopt Proclamation Recognizing the Friends of Boggs Mountain for Outstanding Contributions to Outdoor Recreation and Economic Development in Lake County
5.2Adopt Proclamation Recognizing the Girl Scouts of Lake County, CA
Proclamation
passed on consent
Staff memo
Executive Summary
Today, it is my privilege to recognize the Girl Scouts of Lake County, CA and present certificates to the Silver Award recipients: Alayna Boyd, Emily Anderson and Clara Anderson-Reyes of Kelseyville CA.
Recommended Action
Adopt Proclamation Recognizing the Girl Scouts of Lake County, CA.
5.3Adopt Resolution Establishing 2022-2023 Appropriations Limit for the County of Lake and Special Districts Governed by the Board of Supervisors
Resolution
passed on consent
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
As required by Government Code �7910 and in accordance with Article XIII B of the California State Constitution, I submit for your review and approval the annual calculation of the appropriations limit of County and Special Districts under your authority.
Additional background information provided:
In 1979 California voters approved Proposition 4, also known as the GANN initiative. Proposition 4 added Article XIIIB to the California State Constitution, which subsequently resulted in the addition of Division 9 (beginning with section 7900) to Title I of Government Code. This addition to government code requires that the governing body of a local jurisdiction establish a tax appropriation limit each year using established factors and criteria. Proposition 111 approved by voters in June 1990 amended Article XIIIB and expanded the factors and criteria for limit calculations.
The appropriation limit becomes the maximum for which a jurisdiction may spend based on the proceeds of tax that they receive in any given fiscal year. The County and the Special Districts under your Board authority have maintained compliance with annually established limit. The limit and the subject to limit calculations are performed by the Auditor-Controller's Office and are available for review at any time.
I respectfully request your review and approval of the Resolution Establishing 2022-2023 Appropriations Limits for the County of Lake and Special Districts Governed by the Board of Supervisors.
Recommended Action
Adopt Resolution Establishing 2022-2023 Appropriations Limit for the County of Lake and Special Districts Governed by the Board of Supervisors
5.4Approve Amendment No. 2 to the Agreement Between County of Lake and the Lake County Office of Education for the Safe Schools Program Increasing the Contract Maximum to $300,000.00 for FY 2021-22 and Authorize the Board Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
Lake County Behavioral Health Services has grown the partnership with the Lake County Office of Education to provide more services to the most vulnerable children in our community attending the Clearlake Creativity School. Thus, the contract must be increased to accommodate this growth. These services are fully reimbursable by the Department of Health Care Services under Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) funding, as all Specialty Mental Health Services under this contract are being provided to people under the age of 18 with Serious Emotional Disturbances.
Recommended Action
Approve Amendment No. 2 to the Agreement Between County of Lake and the Lake County Office of Education for the Safe Schools Program Increasing the Contract Maximum to $300,000.00 for FY 2021-22 and Authorize the Board Chair to Sign.
| Estimated Cost | $300,000.00 |
|---|---|
| Amount Budgeted | $300,000.00 |
5.5Approve the Agreement Between County of Lake and North Valley Behavioral Health, LLC for Fiscal Years 2022-23 in the Amount of $400,000.00 and Authorize the Board Chair to Sign the Agreement.
Agreement
passed on consent
Staff memo
Executive Summary
Lake County Behavioral Health Services issued a Request for Proposals for Adult Residential Treatment Services for all levels of care. North Valley Behavioral Health Services (NVBHS) did not respond to this RFP, however, LCBHS continues to have a need to contract with NVBHS for the placement of individuals subject to California Penal Code 1370: https://codes.findlaw.com/ca/penal-code/pen-sect-1370-01.html and those individuals on Murphy's Conservatorships. On 05/17/2022 the Board approved contracting with providers of services who did not respond to the RFP process but with whom LCBHS continues to have a need to contract to meet client needs (item 5.10).
Recommended Action
Approve the Agreement Between County of Lake and North Valley Behavioral Health, LLC for Fiscal Years 2022-23 in the Amount of $400,000.00 and Authorize the Board Chair to Sign the Agreement.
| Estimated Cost | $400,000.00 |
|---|---|
| Amount Budgeted | $400,000.00 |
5.6Approve Purchase Order for Sutter Center for Psychiatry for Acute Inpatient Psychiatric Hospital Services in the Amount of $50,000.00 for FY 2021-22 and Authorize Lake County Behavioral Health Services Department Head to Sign the Purchase Order.
Action Item
passed on consent
Staff memo
Executive Summary
Lake County Behavioral Health Services, as the County Mental Health Plan, must render payment to acute inpatient psychiatric hospitals providing services to Lake County beneficiaries. Lake County Behavioral Health Services did issue a Request for Proposals for these services and did not receive any responses, though continues to need to provide these services for beneficiaries. Lake County Behavioral Health Services continues to monitor the list of available inpatient psychiatric hospitals managed by the Department of Health Care Services. Psychiatric Inpatient bed availability remains limited throughout the state of California.
Recommended Action
Approve Purchase Order for Sutter Center for Psychiatry for Acute Inpatient Psychiatric Hospital Services in the Amount of $50,000.00 for FY 2021-22 and Authorize Lake County Behavioral Health Services Department Head to Sign the Purchase Order.
| Estimated Cost | $50,000.00 |
|---|---|
| Amount Budgeted | $50,000.00 |
5.7Approve Purchase Order for Heritage Oaks Hospital for Acute Inpatient Psychiatric Hospital Services in the Amount of $30,000.00 for FY 2021-22 and Authorize Lake County Behavioral Health Services Department Head to Sign the Purchase Order.
Action Item
passed on consent
Staff memo
Executive Summary
Lake County Behavioral Health Services, as the County Mental Health Plan, must render payment to acute inpatient psychiatric hospitals providing services to Lake County beneficiaries. Lake County Behavioral Health Services did issue a Request for Proposals for these services and did not receive any responses, though continues to need to provide these services for beneficiaries. Lake County Behavioral Health Services continues to monitor the list of available inpatient psychiatric hospitals managed by the Department of Health Care Services. Psychiatric Inpatient bed availability remains limited throughout the state of California.
Recommended Action
Approve Purchase Order for Heritage Oaks Hospital for Psychiatry for Acute Inpatient Psychiatric Hospital Services in the Amount of $50,000.00 for FY 2021-22 and Authorize Lake County Behavioral Health Services Department Head to Sign the Purchase Order.
| Estimated Cost | $50,000.00 |
|---|---|
| Amount Budgeted | $50,000.00 |
5.8Approve Agreement Between County of Lake and the Lake County Office of Education for the Safe Schools Healthy Students Program in the Amount of $300,000.00 for Fiscal Year 2022-23 and Authorize the Board Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
This Agreement represents an ongoing partnership between the Lake County Office of Education and the County in the provision of specialty mental health services (SMHS) to some of the most vulnerable youth in our County. Clearlake Creativity School has been providing SMHS to students since 2011. These services are critical to ensuring students with special emotional and behavioral needs thrive and succeed. Clearlake Creativity School is one of two school sites in the County that is Medi-Cal site certified, meaning Medi-Cal reimbursable SMHS services can be provided there, the other site being Hance School.
These services are eligible for 100% reimbursement by the Medi-Cal, as they fall under the scope of Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services.
Recommended Action
Approve Agreement Between County of Lake and the Lake County Office of Education for the Safe Schools Healthy Students Program in the Amount of $300,000.00 for Fiscal Year 2022-23 and Authorize the Board Chair to Sign.
| Estimated Cost | $300,000.00 |
|---|---|
| Amount Budgeted | $300,000.00 |
5.9Approve Board of Supervisors Minutes April 26, 2022
Action Item
passed on consent
5.10Approve Late Travel Claims in the amount of $765 for the Community Development Department
Action Item
passed on consent
Staff memo
Executive Summary
On January 3, 2022, Community Development Department (CDD) staff members from the Building and Code Division attending PC 832 Arrest and Citation training in Sacremento, CA. Staff submitted the appropriate request for reimbursement of travel expenses of $755, however due to the resignation of the CDD Account Technician, the request was not processed within the appropriate timeframe. CDD is seeking the approval of the request for reimbursement.
Employee
Training
Date of Training
location
Reimbursement Requested
Tod Elliot
PC832
1/3/22 - 1/7/22
Sacramento
$153.00
Jack Smalley
PC832
1/3/22 - 1/7/22
Sacramento
$153.00
Tina Ransburg
PC832
1/3/22 - 1/7/22
Sacramento
$153.00
Marcus Beltramo
PC832
1/3/22 - 1/7/22
Sacramento
$153.00
Norman Valdez
PC832
1/3/22 - 1/7/22
Sacramento
$153.00
Total
$765.00
Recommended Action
Approve Late Travel Claims in the amount of $765 for the Community Development Department
5.11Second reading of An Ordinance Rescinding Lake County Ordinance No. 3093
Action Item
pulled on consent
Staff memo
Executive Summary
The first reading was June 14, 2022. This is the second reading of this Ordinance.
Recommended Action
Second Reading of Ordinance Rescinding Lake County Ordinance No. 3093
Supervisor Sabatier, offered the Ordinance and it was passed by a roll call vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska, and Crandell
Clerk’s notes: Public Member Joan Moss pulled the item from the Consent Agenda. County Counsel Anita Grant presented the item to the Board. Public Member Joan Moss spoke.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.12Second reading of An Ordinance Rescinding Lake County Ordinance No. 3094
Action Item
pulled on consent
Staff memo
Executive Summary
The first reading was June 14, 2022. This is the second reading of this Ordinance.
Recommended Action
Second Reading of Ordinance Rescinding Lake County Ordinance No. 3094
Supervisor Sabatier, offered the Ordinance and it was passed by a roll call vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska, and Crandell
Clerk’s notes: Public Member Joan Moss pulled the item from the Consent Agenda. County Counsel Anita Grant presented the item to the Board. Public Member Joan Moss spoke.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.13Second reading of An Ordinance Rescinding Lake County Ordinance No. 3095
Action Item
passed on consent
Staff memo
Executive Summary
The first reading was June 14, 2022. This is the second reading of this Ordinance.
Recommended Action
Second Reading of Ordinance Rescinding Lake County Ordinance No. 3095
5.14Approve Late Travel Claim for Registrar of Voters, Maria Valadez, in the amount of $28.08 for CSAC Training held in Ukiah and Authorize the Auditor-Controller to Process Payment.
Report
passed on consent
Staff memo
Executive Summary
The Registrar of Voters office requests the approval for a late travel claim for Registrar of Voters, Maria Valadez, in the amount of twenty-eight dollars and eight cents ($28.08).
The Registrar of Voters attended a CSAC Training in Ukiah on April 7, 2022 and due to unforeseen circumstances paperwork was not submitted until after the 60 day timeframe had been exceeded and requests your Board authorize the Auditor-Controller to process payment in the amount of $28.08.
Recommended Action
Approve Late Travel Claim for Registrar of Voters, Maria Valadez, in the amount of $28.08 for CSAC Training held in Ukiah and Authorize the Auditor-Controller to Process Payment.
5.15Approve the California Mutual Aid County and Intra-Medical Health Regional and Cooperative Agreement for Emergency Medical and Health Disaster Services
Action Item
pulled on consent
Motion carried
Carried 5-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
On March 17, 2020, Health Services received approval from your Board to enter the Emergency Medical Services Authority (EMSA), California Mutual Aid Region II Intra-Region Cooperative Agreement for Emergency Medical and Health Disaster Assistance.
This Agreement allowed all sixteen, Region II coastal counties to fulfill or request needed mutual aid resources and equipment to prevent and combat emergencies requiring public health response. The Region II agreement also eliminated the time consuming process of creating individual MOU's, or agreements after disasters, and assisted in expediting FEMA reimbursement for any services, equipment, or supplies delivered via mutual aid.
Recently EMSA revised this agreement to represent all California counties under one agreement, update the ambulance strike team rate table, and include a COVID-19 Inter-Facilities transfer rate of hospital to alternative care site.
In support of Health Service's continuing efforts to proactively organize and prepare for any local emergency or disaster requiring the department's response, we respectfully request approval of this agreement and request Board Chair's signature.
Recommended Action
Approve the California Mutual Aid County and Intra-Medical Health Regional and Cooperative Agreement for Emergency Medical and Health Disaster Services, and Request Board Chair to Sign
On motion of Supervisor Sabatier, and by vote of the Board, Approved the California Mutual Aid County and Intra-Medical Health Regional and Cooperative Agreement for Emergency Medical and Health Disaster Services. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska, and Crandell
Clerk’s notes: Public Member Joan Moss pulled the item from the Consent Agenda. County Counsel Anita Grant presented the item to the Board.
Chair Crandell introduced the item to the Board.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.16Approve Amendment One to Agreement for Abatement Services of Sunken/Abandoned Vessels between the County of Lake and All in One Auto Repair and Towing, to extend the Agreement through June 30, 2023
Action Item
passed on consent
Staff memo
Executive Summary
The Lake County Watershed Protection District (District) publically issued a Request for Quotes
(RFQ, 21-14) for the subject project on September 15, 2021. One (1) Proposal was received and after review and consideration, it was determined All In One Auto Repair and Towing. (Contractor) submitted a thorough and responsive bid.
The project is fully funded from monies awarded to the District on June 9th 2021 through the Cannabis Tax Internal Grant Program. The funds awarded totaled $30,000.
On November 16, 2021 the District and Contractor entered into an Agreement for Abatement Services of Sunken/Abandoned Vessels (Attachment 1).
There is approximately $20,000 remaining in awarded funds which the District would like to continue to expend for these abatement services. The following amendment extends this agreement for an additional year (from June 30, 2022 to June 30, 2023). All other terms and conditions of the agreement shall remain the same.
Recommended Action
Staff recommends that the Board of Supervisors acting as the Board of Directors of the Lake County Watershed Protection District approve the Amendment to the Agreement with All In One Auto Repair and Towing for the Abatement Services Of Sunken/Abandoned Vessels RFQ Number 21-14 and Authorize Chair of the Board of Directors of the Watershed Protection District to sign the Amendment.
5.17Approve First Amendment to the Lease Agreement Between County of Lake and Schall Investments, Corp. for the Property Located at 805 & 809 S. Main Street, Lakeport, CA 95453, in the Amount of $34,020 per Fiscal Year, from July 1, 2022 to June 30, 2023, and Authorize the Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
Social Services has leased the office space located at 805 & 809 S. Main Street, Lakeport, California since November 1, 2008, which currently contains our Child Welfare Services (CWS) Annex and conference room. The First Amendment will renew the term for 1 year, and update the Landlord mailing address, however, there is no rent increase.
Consistent with our previous lease, as well as with our other building leases, we have agreed to complete all necessary repairs. Social Services has occupied this building since 2008, we are well aware of the condition of the building, and have no concerns related to this.
Recommended Action
Approve First Amendment to the Lease Agreement between County of Lake and Schall Investments, Corp. for the property located at 805 & 809 S. Main Street, Lakeport, CA 95453, in the amount of $34,020 per fiscal year, from July 1, 2022 to June 30, 2023, and authorize the Chair to sign.
| Estimated Cost | $34,020 |
|---|---|
| Amount Budgeted | $34,020 |
5.18Approve Agreement Between the Kelseyville County Water Works District #3 and LACO Associates, Inc. for Engineering and Design Services for the Live Oak Drive Water Line Replacement Project for an Amount Not to Exceed One Hundred Thousand Six Hundred Ninety Five Dollars and No Cents ($100,695.00), and Authorize the Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
The Live Oak Drive Water Line Replacement Project consists of the design and replacement of approximately 1,100 feet of existing water main along Live Oak Drive in Kelseyville, CA. The project will also include the replacement of water main stubs on Oak Street and a stub to the east approximately 130 feet north of Brotherson Street. The project will include replacement of all valves, hydrants and water services.
Engineering design will be fully funded by an IRWM (Integrated Regional Water Management) grant. A Request for Proposals was distributed to thirty (30) firms and we received two (2) proposals; LACO Associates, Inc. of Ukiah, CA and BKF Engineers of Santa Rosa, CA. A Consultant Selection Board (CSB) was convened in accordance with County policy and the recommendation of the CSB was to begin negotiations with the highest ranked firm, LACO Associates, Inc. Negotiations have completed and an agreeable scope and price has been identified and incorporated into the proposed agreement for services. Attached for your consideration is an agreement for the Engineering Design Services for the project.
Recommended Action
Approve Agreement Between Kelseyville County Waterworks District #3 and LACO Associates, Inc. for Engineering and Design Services for the Live Oak Drive Water Line Replacement Project for an Amount not to Exceed One Hundred Thousand Six Hundred Ninety Five Dollars and No Cents ($100,695.00), and Authorize the Special Districts Administrator, Acting as the Assistant Purchasing Agent to Sign.
5.19Approve letter of support and Disadvantaged Community waiver of match to the application for the 2022 Nonpoint Source Grant Program and Authorize the Lake County Board of Supervisors to Sign
Action Item
pulled on consent
Motion carried · 2 motions
Carried 5-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Carried 5-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
The Lake County Watershed Protection District ("District") is applying for a planning grant through the State Water Board Nonpoint Source Grant Program, which received funds through the US EPA Clean Water Act 319 section. If awarded, this grant will support the development of "The Lake County Watershed-Based Nonpoint Stormwater Management Plan" (herein referred to as "The Plan", and has previously been referred to as a "Storm Water Resources Plan"), that will incorporate existing data and community input to provide guidance on potential projects that will improve storm water quality and utilize storm water as a valuable resource. Unlike the existing Urban Storm Water Management Plan (created in 2003), The Plan to be developed with these State Water Board grant funds will apply to the entire county, not just urban centers.
For this grant program, the State Water Board requires a 25% match or a request for a match waiver. The current stormwater funding allocated to the District and Water Resources (i.e. Blue Ribbon Committee Implementation funds and internal County contributing funds) are not applicable for the 25% match, therefore a match waiver request is needed. The match waiver request can be submitted in the form of a Letter of Support from representatives of the area to be served by The Plan and rationale for why the service area is a qualified Disadvantaged Community (DAC, as defined by the Water Code and qualified under specific Census Median Household Income categories).
We have provided the letter of support (attached), and Disadvantaged Community Census justification within the text. The District kindly request that the Board of Supervisors consider supporting this grant application and authorize the Board to sign the Letter of Support which will be included in the grant application to be submitted June 24, 2022
Recommended Action
Approve letter of support and Disadvantaged Community waiver of match to the application for the 2022 Nonpoint Source Grant Program and Authorize the Lake County Board of Supervisors to Sign
On motion of Supervisor Sabatier, and by vote of the Board, Approved a letter of support and Disadvantaged Community waiver of match to the application for the 2022 Nonpoint Source Grant Program and Authorize the Lake County Board of Supervisors to Sign. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska, and Crandell
On motion of Supervisor Sabatier, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.10, 5.13 and 5.14, 5-16 through 5.18 with the exception of item 5.11, 5.12, 5.15, and 5.19 which were pulled for further discussion. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska, and Crandell
Clerk’s notes: Director of Public Works Scott De Leon presented the item to the Board.
Chair Crandell 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
6.19:05 A.M.- Lake County Animal Care and Control
6.29:06 A.M. - Public Input
Clerk’s notes: Public Member Greg Bianichni spoke.
6.39:07 A.M. - a) Presentation of Proclamation Recognizing the Friends of Boggs Mountain for Outstanding Contributions to Outdoor Recreation and Economic Development in Lake County; and b) Presentation of a Plaque Honoring Debbie St. Cyr for Extraordinary Dedication to Bringing Back Boggs
Proclamation
Staff memo
Executive Summary
As your Board is aware, the Friends of Boggs Mountain has been a dedicated and focused charitable organization making a meaningful difference for Lake County for two decades.
Their commitment to re-establishing Boggs Mountain Demonstration State Forest as a premier outdoor recreation destination in the aftermath of the Valley Fire, which destroyed all 24 miles of the then-existing trail network and 90% of the forest, has been particularly extraordinary.
Today, it is my great privilege to recognize the Friends of Boggs Mountain and Debbie St. Cyr of Redwood Trail Alliance for their resilience and remarkable contributions. Their dedication is an example and inspiration for all looking to accomplish big things in Lake County.
Recommended Action
(a) Presentation of a Proclamation Recognizing the Friends of Boggs Mountain for Outstanding Contributions to Outdoor Recreation and Economic Development in Lake County; (b) Presentation of a Plaque Honoring Debbie St. Cyr for Extraordinary Dedication to Bringing Back Boggs
Presentation Only.
This Ceremonial Item was read into the record and presented.
Clerk’s notes: Girl Scout Camille Pyska read the Proclamation into the record and presented a plaque to Debbie St.Cyr. Debbie St.Cyr presented a PowerPoint Presentation to the Board.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.49:10 A.M. - Presentation of Proclamation Recognizing the Girl Scouts of Lake County, CA
Proclamation
Staff memo
Executive Summary
Today, it is my privilege to recognize the Girl Scouts of Lake County, CA and present certificates to the Silver Award recipients: Alayna Boyd, Emily Anderson and Clara Anderson-Reyes of Kelseyville CA.
Recommended Action
Ceremonial item only. No action.
This Ceremonial Item was read into the record and presented.
Clerk’s notes: Supervisor Pyska read the Proclamation into the record and presented it to The Girl Scouts of Lake County.
Chair Crandell asked if anyone present wished to speak and the following person in the Board of Supervisors Chamber spoke: Linda Breeding
This Ceremonial Item was read into the record and presented
6.59:30 A.M. - Public Hearing on Account and Proposal Assessment for 13204 Second Street, Clearlake Oaks, CA.
Public Hearing
Motion carried
Carried 5-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
On motion of Supervisor Sabatier, and by vote of the Board, confirmed the assessment of $13,325.84, and directed staff to Record a Notice of Lien against the property. After recordation, it shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments. The cost of abatement services are $11,940.00. The administrative costs on this case amounted to $1,385.84. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
Clerk’s notes: All members to the hearing were sworn in by the Clerk. Code Enforcement Manager Marcus Beltramo and Code Enforcement Officer Tina Ransberg presented the item to the Board.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.69:45 A.M. - Presentation on California Advancing and Innovating Medi-Cal (CalAIM)
Report
Staff memo
Executive Summary
To Apprise and Inform the Lake County Board of Supervisors of Upcoming State-Level Changes to Medi-Cal Beneficiaries' Programs and Service Delivery.
Recommended Action
None. Information only.
Presentation Only.
Clerk’s notes: Behavioral Health Director Todd Metcalf presented the item. Behavioral Health Program Manager Scott Abbott, and Sheriff Brian Martin spoke.
Chair Crandell asked if anyone present wished to speak and the following person present in the Board of Supervisors Chambers spoke: Joan Moss. No one else wished to speak and the public input portion of this item was closed.
6.710:15 A.M. - Lake County Department of Health Services Monthly Update
Action Item
Staff memo
Executive Summary
On a monthly basis, Lake County Public Health Officer, Dr. Erik McLaughlin, requests an opportunity to update your Board and the public on matters pertaining to the health, safety, and well-being of our community.
Alternate Public Health leaders may provide the Public Health update contingent upon public awareness need.
Recommended Action
Presentation Only.
Presentation Only.
Clerk’s notes: Health Services Director Jonathan Portney Presented the item to the Board. Larry Karsteadt Director of North Coast Systems EMS spoke.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.810:45 A.M. - a) Consideration of request to waive fees for the appeal of the Planning Commissions decision for Major Use Permit UP 19-19 MOMBACHO MOUNTAIN ORGANICS, LLC (DAN WESTPHAL & KATHY MCGUIRE) located at 9205 Mombacho Road, Kelseyville, CA and 9261 Wildcat Road, Kelseyville, CA on May 26, 2022 due to hardship; and b) Consideration of policy regarding the consideration of requests for reduction or waiver of certain land use appeal filing fees
Action Item
Motion carried
Carried 5-0 — moved by Simon
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
a) Joan Moss requests the fees be waived for her appeal application due to financial hardship and inability to pay the $1,136.30 filing fee.
For consideration today is only the waiving of the fees. If your Board decides to waive the fees I will send the application to the planning department and it will return before your Board as a Public Hearing.
Attached is Ms. Moss's Appeal Application which states her reasons for appeal.
b) An individual has presented a request for a waiver of the filing fee required by the County for the filing of an appeal of a land use decision to the Board of Supervisors. That request was presented to the County Administrative Office and to the Community Development Department and has been forwarded on for your Board's consideration at your regularly scheduled meeting on June 21, 2022.
When I was queried as to the existence of a County policy related to the reduction or waiver of such filing fees based upon extreme financial hardship, I discovered that the County has no formal policy.
Also, for your Board's June 21, 2022 meeting and in conjunction with the specific request referenced above, I have prepared for your review and consideration a draft policy which could be used uniformly to address such waiver/reduction requests. It is my understanding that while some counties make no provision for the waiver or reduction of filing fees for a land use appeal, the majority of counties allowing for fee waiver or reduction have adopted a policy very similar to the draft presented to you today. The draft establishes criteria for eligibility and leaves the ultimate decision to the County Administrative Officer with recommendations from the Community Development Department. That mechanism is employed in order to ensure, to the greatest extent possible, the privacy of the individual making the request for a reduction in or waiver of such fees.
Recommended Action
Consider Waiving fees for the appeal of the Planning Commission's decision for Major Use Permit UP 19-19 MOMBACHO MOUNTAIN ORGANICS, LLC (DAN WESTPHAL & KATHY MCGUIRE) located at 9205 Mombacho Road, Kelseyville, CA and 9261 Wildcat Road, Kelseyville, CA on June 2, 2022 due to hardship
Approve policy regarding the consideration of requests for reduction or waiver of certain land use appeal filing fees
a) On motion of Supervisor Simon, and by vote of the Board, denied the Consideration of request to waive fees for the appeal of the Planning Commissions decision for Major Use Permit UP 19-19 MOMBACHO MOUNTAIN ORGANICS, LLC (DAN WESTPHAL & KATHY MCGUIRE) located at 9205 Mombacho Road, Kelseyville, CA and 9261 Wildcat Road, Kelseyville, CA on May 26, 2022 due to hardship. The motion carried by the following vote:
Ayes - Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
b) No action taken.
Clerk’s notes: a) County Administrative officer Susan Parker presented the item to the Board. County Counsel Anita Grant spoke.
Chair Crandell asked if anyone present wished to speak. The following public members spoke: Joan Moss, Michael Wagner. Public Members spoke via Zoom: Craig Litwin, Dan Westphal. No one else wished to speak and the public input portion of this item was closed.
b) County Counsel Anita Grant presented the item to the Board.
Chair Crandell asked if anyone present wished to speak. The following people present in the Board of Supervisors Chambers spoke: Trey Sherryl, Michael Wagner. The following members spoke via Zoom: Craig Litwin. 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 Transient Occupancy Tax - Voluntary Collection Agreements
Action Item
Staff memo
Executive Summary
Your Board has previously supported efforts to ensure that short term rentals throughout the County are properly registered and paying the required Transient Occupancy Taxes (TOT). The Lake County Tourism Improvement District (LCTID) has explored options that could ensure online platforms, primarily Airbnb and VRBO, would automatically collect and remit the required TOT. Through the Voluntary Collection Agreement (VCA) with these platforms, they will require their operators to collect the tax through the standard listing process. At this time, operators using these platforms have to build the tax into their advertised price, which has raised concerns that they are facing unfair competition from unregistered operators.
On April 12, 2022, your Board directed staff to simultaneously pursue both Voluntary Collection Agreements (VCA) and undertake another effort to identify all currently unregistered short-term rental operators. After a preliminary review, staff believes this approach is not feasible.
In order to pursue the identification of the unregistered operators it will be necessary to issue a Request for Proposals (RFP), as there are now multiple software providers of the services previously utilized through Granicus - Host Compliance. This RFP would need to be written under the premise that there will not be a VCA in place.
Since a requirement of the VCA's has been a condition not to pursue back taxes owed by those operators covered in the VCA, it will be necessary to complete both the investigation and enforcement actions associated with all unregistered operators prior to negotiating a VCA. Given further limitations on staff capacity, coupled with the need for an RFP, this could potentially take 12-18 months to complete. After the VCAs are implemented it would likely be necessary to conduct another RFP after we determine what type of software model is appropriate going forward. The loss of automatically collected revenue and County staff time during this period would likely not outweigh the benefit that would be gained from entering into a VCA sooner.
If your Board still ultimately intends to enter into VCAs, staff would recommend proceeding directly with those agreements.
Recommended Action
Direct staff to return with proposed Voluntary Collection Agreements.
The Board gave direction for staff to move forward with the voluntary tax collection agreements.
Clerk’s notes: County Tax Administrator Patrick Sullivan introduced the item to the Board.
Chair Crandell 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 Cannabis Equity Grant Applications Processing
Action Item
Motion carried
Carried 5-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
On January 28, 2022, the Governor's Office of Business and Economic Development (GO-Biz) announced its intent to award $1,941,121.72 after completing the review of the County's Cannabis Equity Grant application submitted in December. This is Type II funding to implement the Cannabis Local Equity Plan (LEP). It is eligible for use as direct grants to qualified cannabis related applicants and licensees. This is in addition to the $888,173.18 awarded last year, providing a total of $2,829,294.90 for program funding.
On May 27, 2022, the County's first local grant application period closed. Staff received approximately 49 applications. Given the timeframes involved, and the complexities in payment processing experienced by other jurisdictions, staff recommends that the focus be on paying County related taxes and fees. These can be paid directly to the applicable department through the grant funds, which helps ensure both the verification and payment process are streamlined. If your Board agrees with this assessment, staff can return to GO-Biz and request a modification to allow this, which they have indicated an openness to in past discussion.
In previous discussions with your Board, staff indicated that the maximum initial award would be $25,000. Given the number of applications and amount of funds now available, staff would recommend your Board consider that initial awards be up $50,000 depending upon need.
A second consideration is that permit revocation proceedings could potentially be initiated against a permit holder this year for failure to pay taxes. Your Board may wish to prevent any such action while an equity grant application is pending review.
Staff recommends your Board provide direction.
Recommended Action
Direct staff to permit initial awards up to $50,000 and request budget modification with GO-Biz. Direct staff to take necessary steps to ensure no permit revocation action is initiated against a pending applicant for failure to pay a tax bill.
On motion of Supervisor Sabatier, and by vote of the Board, increased the maximum initial award from grant Cannabis Local Equity Plan $25,000 to $50,000. The motion carried by the following vote:
Ayes - Supervisors: 5 - Supervisor Simon, Sabatier, Scott, Pyska, and Crandell
Direction was give to staff to focus on funds that can be quickly dispersed as in Taxes and Permit fees
and to increase the funding to $50,000.
Clerk’s notes: Tax Administrator Patrick Sullivan presented the item to the Board.
Chair Crandell asked if anyone present wished to speak and the following people in the Board of Supervisors Chamber spoke: Michael Wagner. No one else wished to speak and the public input portion of this item was closed.
7.4Consideration of the following Advisory Board Appointments:
Lucerne Area Town Hall
Appointment
Motion carried
Carried 5-0 — moved by Simon
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
Lucerne Area Town Hall: 1 (One) Vacancies
Application received: Kurt McKelvey
Recommended Action
Appoint qualified applicants to the specified advisory board.
On motion of Supervisor Simon, and by vote of the Board, appointed Kurt McKelvey to the Lucerne Area Town Hall. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska, and Crandell
Clerk’s notes: Chair Crandell presented the item to the Board.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.5Consideration of Appointments to the Commercial Cannabis Ordinance Task Force
Action Item
Staff memo
Executive Summary
On June 7, 2022, the County of Lake Board of Supervisors approved an application form available to the public to be considered for a position in a Task Force to draft Article 73 of the Lake County Municipal Code Chapter 21 - the Zoning Ordinance. Article 73 will address the regulations and requirements for obtaining a conditional use permit for commercial cannabis activities. Completed applications are currently being received, and Community Development staff is requesting to review these application forms.
The Task Force includes:
(1) Tribal Member
(1) Lake County Cannabis Alliance
(2) Community Members (1) from NE/NW (1) from SE/SW
(1) Farm Bureau
(1) Agricultural Commissioner
(1) Cannabis Industry
Recommended Action
Appoint Qualified Applicants to the Commercial Cannabis Ordinance Task Force
There was a Board consensus to receive applications for the Commercial Cannabis Ordinance Task Force until July 6, 2022 by 5:00 P.M. and return with the item on the July 12, 2022 Board of Supervisors Meeting.
Clerk’s notes: Community Development Director Mary Darby presented the item to the Board. Assistant Clerk of the Board Johanna DeLong spoke.
Chair Crandell asked if anyone present wished to speak. The following people spoke in the Board of Supervisors Chambers: Michael Wagner. The following people spoke via Zoon: Autumn Karcey, Jennifer Smith, Richard Derum, Chris Jennings, and Erin McCarrick. No one else wished to speak and the public input portion of this item was closed.
7.6Consideration of Proposed Findings of Fact and Decision in the Appeal of David Hughes Appeal AB 21-05 (Lake Vista Farms)
Action Item
Motion carried · 2 motions
Carried 4-1 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: nay Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: nay Simon: aye
Carried 4-1 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: nay Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: nay Simon: aye
Staff memo
Executive Summary
Pursuant to your Board's statement of Intended Decision in the above matter on May 10, 2022, I have prepared the attached Findings of Fact and Decision to support your Board's intended decision. At that time, there was a majority vote of your Board to grant the appeal (four votes to grant the appeal, one vote to deny the appeal).
If the Findings of Fact are acceptable to you, I would recommend that you take the following two actions:
1. Move to approve the Findings of Fact and authorize the Chair to Sign; and
2. Move to grant the appeal.
Recommended Action
1. Move to approve the Findings of Fact and authorize the Chair to Sign; and
2. Move to grant the appeal.
On motion of Supervisor Sabatier, and by vote of the Board, to approve the proposed Findings of Fact and Decision in the Appeal of David Hughes Appeal AB 21-05 (Lake Vista Farms) with the amended as suggested by Supervisor Sabatier. The motion carried by the following vote:
Ayes - Supervisors: 4 Supervisors Simon, Sabatier, Pyska, and Crandell
Nays - Supervisors: 1 Supervisor Scott
On motion of Supervisor Sabatier, and by vote of the Board, Granted the appeal. The motion carried by the following vote:
Ayes - Supervisors: 4 Supervisors Simon, Sabatier, Pyska, and Crandell
Nays - Supervisors: 1 Supervisor Scott
Clerk’s notes: County Counsel Anita Grant presented the item to the Board.
Chair Crandell 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 Award of Bid for the Cooper Creek at Witter Springs Road Bridge Replacement Project,Bid No. 22-03, Federal Aid Project No. BRLO-5914(078) to West Coast Contractors, of Coos Bay, Oregon in the Amount of $1,492,809.74
Action Item
Motion carried
Carried 5-0 — moved by Simon
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
The Purchasing Department publicly opened bids for the subject project on Thursday, April 14, 2022. Three (3) bids were received and the apparent lowest responsible bidder was West Coast Contractors, of Coos Bay, Oregon. Please refer to the attached bid tabulation.
The project is fully funded from the Federal Highway Bridge Program (HBP) and Toll Credits. The scope of the project is the replacement of an existing Functionally Obsolete temporary baily bridge with a new permanent bridge.
Recommended Action
Staff recommends that the Board of Supervisors award the Contract for the Cooper Creek at Witter Springs Road Bridge Replacement Project to West Coast Contractors in the amount of $1,492,809.74 and authorize the Chair to execute the Agreement and execute the attached Notice of Award.
On motion of Supervisor Simon, and by vote of the Board, Approved award of Bid for the Cooper Creek at Witter Springs Road Bridge Replacement Project, Bid No. 22-03, Federal Aid Project No. BRLO-5914(078) to West Coast Contractors, of Coos Bay, Oregon in the Amount of $1,492,809.74 and authorized the chair to execute the agreement and execute the attached notice of award. The motion carried by the following vote:
Ayes - Supervisors: 5 - Supervisors Simon, Sabatier, Scott, Pyska, and Crandell
Clerk’s notes: Public Works Director Scott De Leon introduced the item to the Board.
Chair Crandell 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 Evaluation:
Title: Public Works / Water Resources Director
Closed Session Item
8.2Public Employee Evaluation:
Title: Public Health Officer
Closed Session Item
The Board accepted the resignation, effective immediately, of the Public Health Officer.