Board Of Supervisors — Tuesday, October 18, 2022
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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
5. Approval of the Consent Agenda
5.1Approve the Updated Bylaws of the Lucerne Area Town Hall (LATH)
Action Item
passed on consent
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
I am requesting our Board consider the recently redrafted Bylaws of the Lucerne Area Town Hall (LATH). The Bylaws were adopted by (LATH) on September 15, 2022.
Recommended Action
Approve the Bylaws of the Lucerne Area Town Hall (LATH)
5.2Approve Amendment No. 2 to the Lease Agreement between the County of Lake and the Middletown Senior Citizens, Inc., for Lease of Buildings and Grounds located at 21256 Washington Street, Middletown, California and authorize the Chair to sign
Agreement
passed on consent
Staff memo
..Title
..Body
MEMORANDUM
DATE: October 18, 2022
TO: The Honorable Lake County Board of Supervisors
FROM: Moke Simon, District 1 Supervisor
SUBJECT: Approve Amendment No. 2 to the Lease Agreement between the County of Lake and the Middletown Senior Citizens, Inc., for Lease of Buildings and Grounds located at 21256 Washington Street, Middletown, California and authorize the Chair to sign
EXECUTIVE SUMMARY:
The Middletown Senior Center plays a critical role, offering senior citizens of Middletown a safe space to gather. It has become a place of life-giving connection for so many, and a key defense against social isolation, which can threaten the long-term health and vibrancy of our elderly population. The Middletown Senior Center also provides important nutritional support, both through meals at the Center, and by bringing food to those who are homebound.
Director Lori Tourville would like to extend the term of the Middletown Senior Center's lease of County property at 21256 Washington Street, Middletown, California. Staff has appropriately negotiated this amendment for an additional 10-year period.
I strongly support offering longer-term location security to this very important organization, and commend them for invaluable contributions to the community they serve. We can take a significant step to support their efforts by extending the term of their County lease.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness,
Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
..Recommended Action
RECOMMENDED ACTION: Approve Amendment No. 2 to the Lease Agreement between the County of Lake and the Middletown Senior Citizens, Inc., for Lease of Buildings and Grounds located at 21256 Washington Street, Middletown, California and authorize the Chair to sign.
5.3Approve Continuation of Proclamation of the Existence of a Local Emergency Due to Pervasive Tree Mortality.
Action Item
pulled on consent
Motion carried
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
The California Department of Forestry and Fire Protection found that its aerial and group surveys in Napa and Lake County revealed widespread conifer mortality leaving trees vulnerable to insect attacks and fire damage. On March 28, 2022, Governor Newsom issued Executive Order No. 7-77, that states the ongoing drought will have significant immediate impacts on communities. In response, the Lake County Risk Reduction Authority created the Lake County Tree Mortality Task Force established to investigate and address the extensive tree mortality in the County caused primarily by wildfire, drought and insect damage.
The Lake County Tree Mortality Task Force members have attended several presentations from individuals with considerable expertise in both entomology and tree mortality, including Forest
Advisor Dr. Michael Jones, an entomologist from University of California Cooperative. The overriding message was that failure to actively address tree mortality could result in the potential loss or degradation of forest habitats and associated ecological impacts, including the impact of wildlife, water and soil. And as such, create dangerous wildfire conditions that also threaten the safety of persons and property and will likely extend beyond the capacity of public safety services, personnel, equipment, and facilities of this County.
This Resolution requests the following actions from Governor Newsom; 1) Proclaim a State of Emergency in Lake County and other afflicted areas of the State, 2) Seek designation of tree mortality areas within Lake County and other afflicted areas of the State under Section 8204 of the Agriculture Act of 2014 and seek additional Federal program support; and 3) Request a Presidential Declaration of Emergency or Major Disaster for this emergency.
Recommended Action
Approve Continuation of Proclamation of the Existence of a Local Emergency Due to Pervasive Tree Mortality
On motion of Supervisor Sabatier, and by vote of the Board, approved Continuation of Proclamation of the Existence of a Local Emergency Due to Pervasive Tree Mortality. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
Clerk’s notes: Chair Crandell introduced the item to the Board.
Chair Crandell asked if anyone present wished to speak and the following people present in the Board of Supervisors Chambers spoke: Joan Moss and Natasha Robinson. No one else wished to speak and the public input portion of this item was closed.
5.4Adopt Resolution Amending Resolution No. 2202-118 Adopting Final Budget for FY 22-23 to provide a Temporary Loan from the Non-Departmental Revenue (Fund 001) to Community Development Block Gant Program Income Capital Projects Fund (Fund 936).
Report
passed on consent
Staff memo
Executive Summary
On June 14, 2022, your Board held a public hearing and adopted Resolution No. 2022-68 approving grant applications for Community Development Block Grant (CDBG) funding that included the following programs; 1) Housing Assessment and Housing Development and Implementation Strategy, 2) a Microenterprise Technical Assistance Program, and 3) Business Assistance Loan Program.
Non Departmental Revenue Budget Unit 1120 will temporarily loan the seed monies to the CDBG PI Capital Projects Fund budget unit 1796. The seed monies will be granted to eligible small businesses who applied for small business loans through the Community Development Block Grant (CDBG) loan program and once those payments are granted, the County will be reimbursed by the state. The selected applicants will make their monthly payments to Community Development Services (CDS) who will manage the small business loans and deposit the monies into a Revolving Loan Fund set up by the County. This revolving account may be utilized for additional future loans or authorized CDBG Projects.
The repayment of the loan from Non Departmental Revenue (Fund 001) to CDBG PI Capital Projects Fund (Fund 936) shall be included with revisions to the FY 2022/23 fiscal year budget.
Recommended Action
Adopt Resolution Amending Resolution No. 2202-118 Adopting Final Budget for FY 22-23 to provide a Temporary Loan from the Non-Departmental Revenue (Fund 001) to Community Development Block Gant Program Income Capital Projects Fund (Fund 936).
5.5Adopt Resolution Approving Agreement No. 22-0998-004-SF with California Department of Food and Agriculture for Compliance with the Sudden Oak Death Quarantine program for period July 1, 2022 through June 30, 2023 in The Amount of $4,695.26
Agreement
passed on consent
Staff memo
Executive Summary
I would like to ask the Board to adopt the attached Resolution approving the agreement with the California Department of Food and Agriculture (CDFA) for the Sudden Oak Death Quarantine program in Lake County from July 1, 2022 through June 30, 2023. The agreement amount is $4,695.26. The Sudden Oak Death (SOD) Agreement includes enforcement activities in support of the State Oak Mortality Disease Control regulation and State and Federal Quarantines.
Should the board adopt this resolution, please have the chair sign and return one copy of the agreement, one copy of the board resolution and return them to the Department of Agriculture for processing. A signed complete copy will be returned for your records.
Recommended Action
Adopt Resolution Approving Agreement No. 22-0998-004-SF with California Department of Food and Agriculture for Compliance with the Sudden Oak Death Quarantine program for period July 1, 2022 through June 30, 2023 in The Amount of $4,695.26
5.6Approve Amendment No. 2 to the Agreement between Sierra Vista for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Psychiatric Hospitalizations for Fiscal Years 2020-21, 2021-22, and 2022-23 for a new Contract Maximum of $81,572.00 and Authorize the Board Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
This is a multi-year agreement with an inpatient psychiatric hospital. We need to increase the contract by $454.00 for FY 2021-22 to render payment for services. In FY 2021-22 Sierra Vista served seven (7) clients with a total of 24 bed days.
Recommended Action
Approve Amendment No. 2 to the Agreement between Sierra Vista for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Psychiatric Hospitalizations for Fiscal Years 2020-21, 2021-22, and 2022-23 for a new Contract Maximum of $81,572.00 and Authorize the Board Chair to Sign.
| Estimated Cost | $81,572.00 |
|---|---|
| Amount Budgeted | $81,572.00 |
5.7(a) Adopt Resolution Authorizing the Agreement Between the County of Lake and Advocates for Human Potential for the Department of Care Health Care Services for the Period of April 19, 2022 through December 31, 2022 and Authorize the Behavioral Health Director to Sign the Agreement and (b) Waive Competitive Bidding in Accordance with Section 2-38.2 of the Lake County Code and (c) Approve the Agreement in the amount of $294,000.00 Between COAR Design Group for Facility Design Services and the County of Lake for the Behavioral Health Clearlake Facility Expansion Project and Authorize the Board Chair to Sign the Agreement.
Resolution
pulled on consent
Motion carried · 2 motions
Carried 3-1 — moved by Simon
Crandell: aye Pyska: aye Sabatier: nay Simon: aye
Crandell: aye Pyska: aye Sabatier: nay Simon: aye
Carried 3-1 — moved by Simon
Crandell: aye Pyska: aye Sabatier: nay Simon: aye
Crandell: aye Pyska: aye Sabatier: nay Simon: aye
Staff memo
Executive Summary
The Behavioral Health Services Department has long desired to expand and upgrade its facility in Clearlake to provide additional treatment space to meet the needs of the community. In 2014, the Public Works Department solicited a request for proposals for architectural engineering (A-E) services for this work, and ultimately managed a contract with an A-E firm to design an expansion of the building. The design was completed, permits were secured, and the project was solicited for construction bids. However, bids exceeded the budget and consequently the County shelved the project.
Earlier this year the Behavioral Health Services Department secured a grant for planning activities in support of expansion and revitalization of behavioral health services. The Department was awarded $130,000.00 and completed all deliverables for this grant. The parameters of the funding specify that an awardee of the grant may use all grant monies towards "pre-development" activities upon approval of an Action Plan. The work outlined in the contract from COAR Design Group constitutes pre-development. Additional funding will come from Mental Health Services Act (MHSA) Capital Facilities dollars. Completion of this work will allow the Department to apply for additional grant funds to execute the designed project through the Behavioral Health Continuum Infrastructure Program.
The county purchasing code, section 2-38.2, allows for exemptions from competitive bidding when the Board of Supervisors determines that competitive bidding would not be in the public's interest, either because the unique nature of the goods or services precludes competitive bidding or because competitive bidding would produce no economic benefit to the County. In coordination with Behavioral Health, the Public Services Department solicited a proposal from the same A-E firm who previously completed the project design. The negotiated scope of work is to update the prior design to meet current code requirements, as well as an assessment of the existing building to include scope items requiring upgrades or replacement that were not included in the original design. It is staff's recommendation that the Board of Supervisors make a determination that competitive bidding would not be in the public's interest, and authorize the Chair to sign the Agreement for facility design services.
Recommended Action
(a) Adopt Resolution Authorizing the Agreement Between the County of Lake and Advocates for Human Potential for the Department of Care Health Care Services for the Period of April 19, 2022 through December 31, 2022 and Authorize the Behavioral Health Director to Sign the Agreement and
(b) Waive Competitive Bidding in Accordance with Section 2-38.2 of the Lake County Code and
(c) Approve the Agreement in the amount of $294,000.00 Between COAR Design Group for Facility Design Services and the County of Lake for the Behavioral Health Clearlake Facility Expansion Project and Authorize the Board Chair to Sign the Agreement.
| Estimated Cost | $294,000.00 |
|---|---|
| Amount Budgeted | $294,000.00 |
a) Supervisor Simon offered the resolution and it passed by roll call vote:
Ayes- Supervisors: 3 - Simon, Pyska, and Crandell
Nays- Supervisor: 1 - Sabatier
Vacant- District 4 Supervisor
b) On motion of Supervisor Simon, and by vote of the Board, Waived the Competitive Bidding in Accordance with Section 2-38.2 of the Lake County Code due to no economic benefit to the County. The motion carried by the following vote:
Ayes- Supervisors: 3 - Simon, Pyska, and Crandell
Nays- Supervisor: 1 - Sabatier
Vacant- District 4 Supervisor
c) On motion of Supervisor Simon, and by vote of the Board, Approved the Agreement in the amount of $294,000.00 Between COAR Design Group for Facility Design Services and the County of Lake for the Behavioral Health Clearlake Facility Expansion Project and Authorized the Board Chair to Sign the Agreement. The motion carried by the following vote:
Ayes- Supervisors: 3 - Simon, Pyska, and Crandell
Nays- Supervisor: 1 - Sabatier
Vacant- District 4 Supervisor
Clerk’s notes: Supervisor Sabatier introduced the item to the Board. Deputy Behavioral Health Director Elise Jones and County Counsel Anita Grant 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.
5.8Adopt Resolution Authorizing Lake County Behavioral Health Services to Increase the Rates for Substance Use Disorder Drug Medi-Cal Services Effective Fiscal Year 2022-23.
Resolution
passed on consent
Staff memo
Executive Summary
Annually, the Department of Health Care Services authorizing an increase in rates for Drug Medi-Cal services to keep the pace of costs. This Resolution authorizes the Department to increase these rates in our Electronic Health Record.
This rate increase does not have a direct fiscal impact for the Department at this time. Contracted providers of DMC services may able to request a rate increase for services, to be reimbursed by DHCS.
Recommended Action
Adopt Resolution Authorizing Lake County Behavioral Health Services to Increase the Rates for Substance Use Disorder Drug Medi-Cal Services Effective Fiscal Year 2022-23.
5.9Approve Amendment No. 1 to the Agreement between County of Lake and Hilltop Recovery Services for FY 2022-23 to reflect Drug Medi-Cal Rate Changes and Authorize the Board Chair to Sign the Amendment.
Agreement
passed on consent
Staff memo
Executive Summary
The Department of Health Care Services released new rates for Drug Medi-Cal services. Hilltop Recovery Services provides Drug Medi-Cal services, and based on their budget and increasing costs are entitled to this rate increase.
This does not have a fiscal impact for the Department at this time.
Recommended Action
Approve Amendment No. 1 to the Agreement between County of Lake and Hilltop Recovery Services for FY 2022-23 to reflect Drug Medi-Cal Rate Changes and Authorize the Board Chair to Sign the Amendment.
5.10Approve Purchase Order for Heritage Oaks Hospital for Acute Inpatient Psychiatric Hospitalization and Professional Services Associated with Acute Inpatient Psychiatric Hospitalizations in the Amount of $50,000.00 and Authorize the Department Head to Sign.
Agreement
pulled 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 Acute Inpatient Psychiatric Hospitalization and Professional Services Associated with Acute Inpatient Psychiatric Hospitalizations in the Amount of $50,000.00 and Authorize the Department Head to Sign.
| Estimated Cost | $50,000.00 |
|---|---|
| Amount Budgeted | $50,000.00 |
This item was pulled and continued to a date uncertain.
Clerk’s notes: Supervisor Sabatier introduced the item to the Board. Deputy Behavioral Health Director Elise Jones presented the item to the Board. County Counsel Anita Grant 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.
5.11(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 County of Lake and Kings View Professional Services for MIS Support Services for FY 2022-23 in the amount of $158,469.00 and Authorize the Board Chair to Sign.
Agreement
pulled on consent
Carried after a failed motion · 5 motions
FAILED 2-2 — moved by Simon
Crandell: nay Pyska: aye Sabatier: nay Simon: aye
Crandell: nay Pyska: aye Sabatier: nay Simon: aye
Carried 4-0 — moved by Simon
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Carried 4-0 — moved by Simon
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Carried 3-1 — moved by Simon
Crandell: aye Pyska: aye Sabatier: nay Simon: aye
Crandell: aye Pyska: aye Sabatier: nay Simon: aye
Carried 3-1 — moved by Simon
Crandell: aye Pyska: aye Sabatier: nay Simon: aye
Crandell: aye Pyska: aye Sabatier: nay Simon: aye
Staff memo
Executive Summary
Kings View has provided professional services to support the administration of Lake County Behavioral Health Services' Electronic Health Record (E.H.R.), along with all other California Counties who use Anasazi E.H.R., since 2006. These services range from data management, state reporting, and billing. No other entity has the breadth and depth of knowledge to provide these services.
Moving forward, LCBHS will be migrating to a new E.H.R. platform with a go live date of March 1, 2023. Kings View is supporting the data migration to the new E.H.R. and is working closely with the new E.H.R. vendor to ensure a smooth transition, as they have been managing the data for the entire life of the E.H.R.
Going out to bid for this service would prevent LCBHS from joining the new E.H.R. timely and this would be profoundly detrimental to the Department. Additionally, as stated above, there is no other vendor in the state of California who is as familiar with Anasazi as Kings View is. It would not be in the best interest of the Department or the County to go out to bid for this service, especially in the middle of a data migration.
Recommended Action
(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 County of Lake and Kings View Professional Services for MIS Support Services for FY 2022-23 in the amount of $158,469.00 and Authorize the Board Chair to Sign.
| Estimated Cost | $158,469.00 |
|---|---|
| Amount Budgeted | $158,469.00 |
a) On motion of Supervisor Simon, and by vote of the Board, Waived 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. The motion failed by the following vote:
Ayes- Supervisors: 2 - Simon and Pyska
Nays- Supervisors: 2 - Sabatier and Crandell
Vacant- District 4 Supervisor
On motion of Supervisor Simon, and by vote of the Board, moved to rehear the item. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
On motion of Supervisor Simon, and by vote of the Board, moved to rescind the previous vote. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
On motion of Supervisor Simon, and by vote of the Board, Waived 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.The motion carried by the following vote:
Ayes- Supervisors: 3 - Simon, Pyska, and Crandell
Nays- Supervisor: 1 - Sabatier
Vacant- District 4 Supervisor
b) On motion of Supervisor Simon, and by vote of the Board, Approved the Agreement between County of Lake and Kings View Professional Services for MIS Support Services for FY 2022-23 in the amount of $158,469.00 and Authorized the Board Chair to Sign. The motion carried by the following vote:
Ayes- Supervisors: 3 - Simon, Pyska, and Crandell
Nays- Supervisor: 1 - Sabatier
Vacant- District 4 Supervisor
Clerk’s notes: Deputy Behavioral Health Director Elise Jones presented the item to the Board. County Counsel Anita Grant 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.
5.12Approve Board of Supervisors Minutes September 13, 2022, September 20, 2022, and October 4, 2022
Action Item
passed on consent
5.13Approve Amendment to the Purchase Amount of a New 2023 Ford Explorer for the Building & Safety Division, from $33,298.15 to $40,184.06
Action Item
passed on consent
Staff memo
Executive Summary
The Board of Supervisors will consider approving the purchase of a 2023 Ford Explorer at the increased state contract price.
The Building & Safety Division is currently staffed with three Building Inspectors and one Grading Inspector that each require a County vehicle to complete their jobs. We currently have three trucks and one SUV. Whenever the Chief Building Official or one of the Plans Examiners need to make a site visit, it is difficult to procure a vehicle to take which has left me having to take my personal car to make site visits on multiple occasions.
Two options were considered; A 4-door truck and a SUV, both with 4-wheel drive to meet the division's needs. After reviewing the specifications for both vehicles, either option would work well to complete Building & Safety Divisions tasks. The 2023 Ford Explorer's price under the state contract is around $4000 lower than the truck option.
After the Board approved the purchase for the price of $33,298.15 the state contract increased substantially for all vehicles. The new price is $40,184.06 and is still around $4000 lower than the 4-door truck option.
Recommended Action
Approve Amendment to the Purchase Amount of a New 2023 Ford Explorer for the Building & Safety Division, from $33,298.15 to $40,184.06
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 or goods or services; (b) Approve purchase of 2023 Ford Bronco Sport Base 4 Door; and (c) Authorize the Department Head/Asst. Purchasing Agent to issue a purchase order for total amount $28,899.91.
Action Item
passed on consent
Staff memo
Attachments
Quote for 2023 Ford Bronco Sport Base 4 Door
Pursuant to Lake County Code Chapter 2-39.1 (c), expenditures in excess of twenty-five thousand dollars ($25,000.00), but not exceeding fifty thousand dollars ($50,000.00) are presented to the Board for approval. Code Enforcement requests Board approval for the purchase of a replacement Code Enforcement vehicle, a 2023 Ford Bronco Sport Base 4 Door in the amount of $28,899.91.
Approximately two years ago, this Community Development Department experimented with a vehicle lease program in lieu of purchasing a new vehicle. Vehicle T0529 was a leased crew cab truck, assigned to the Code Enforcement division. The lease for T0529 has expired and the vehicle has been returned, leaving Code Enforcement with one less vehicle.
The lease program has not proven to be advantageous for Code Enforcement, outweighing the benefits of a purchased vehicle. Therefore, the purchase of a replacement vehicle is preferred for Code Enforcement to carry out its duties in an efficient and effective manner. As part of Code Enforcement's 2022-2023 budget, an amount of $37,000 was budgeted for a new vehicle.
Code Enforcement worked with County Fleet Management to purchase the requested vehicle through a state contract. This process is in-line with the requirements of County's Purchasing Ordinance.
Recommended Action
Staff recommends the Board of Supervisors approve the purchase of a replacement vehicle, 2023 Ford Bronco Sport base 4 Door in the amount of $28,899.91.
5.15Approve Continuation of Resolution Authorizing Teleconferenced Meetings during a State of Emergency Continue to Exist
Action Item
passed on consent
Staff memo
Executive Summary
Assembly Bill 361 was enacted on September 16, 2021. Assembly Bill 361 authorizes the
County to use teleconferencing for public meetings without following certain requirements of the
Brown Act. Assembly Bill 361 essentially continues, with some limitations, the ability of local governments to meet virtually during a state- proclaimed State of Emergency as local governments have been authorized to do pursuant to Executive Orders of the Governor.
On September 28, 2021, your Board adopted the attached Resolution whereby you made findings authorizing teleconferenced meetings to continue. Every 30 days during the proclaimed State of Emergency and/or the period during which state or local officials have imposed or recommended social distancing measures, the legislative body acting under the teleconference exemptions must make findings as to whether the circumstances explained above still apply. The legislative body must find that it reconsidered the circumstances of the State of Emergency and that one of the following circumstances exist:
- The emergency continues to directly impact the ability of members to safety meet in person; OR
- State or local officials continue to impose or recommend measures to propose social distancing." (Gov. Code sec. 54953(e)(3).)
Your Board may make those findings by motion and continue to allow teleconferenced meetings pursuant to AB 361 and the Resolution previously adopted.
If your Board cannot make these findings by majority vote, then it will no longer be exempt from the physical public access, quorum, and public comment opportunity rules applied to teleconferenced meetings under subsection 54953(b)(3).
Recommended Action
Approve Continuation of Resolution Authorizing Teleconfered Meetings during a State of Emergency Continue to Exist
5.16Approve Continuation of a Local Health Emergency Related to the 2019 Coronavirus (COVID-19) as Proclaimed by the Lake County Public Health Officer
Action Item
passed on consent
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
The declaration was declared on March 9, 2020, by then Public Health Officer Gary Pace, due to the introduction of COVID-19 into the County of Lake. California Health and Safety Code Section 101080 provides authority for the Health Officer to issue a declaration of local health emergency.
The authority to discontinue the local health emergency rests with your Board.
As your Board is aware, the local health emergencies for all of the wildfire disasters since 2015 have continued well beyond the threat of the immediate disaster. The emergencies are continued during the months following to enable the County's claiming of disaster costs to FEMA and to CalOES, as applicable. County Disaster Finance staff have not been able to get a definitive answer from FEMA regarding the impacts of discontinuing the local health emergency and recommends that as long as we continue to incur and claim costs relating to COVID, that the local health emergency remain active.
There are no COVID-related local restrictions associated with the local health emergency, so while the declaration can remain in place to ensure recovery of associated costs, there is no impact on the public by having it continue.
Finally, in checking with other counties regarding their comparable declarations, the vast majority responding indicated they are continuing their local health emergencies for the reasons described herein and in fact, many have tied their local health emergencies to the State of California, meaning that when the State terminates its local health emergency, the counties will follow suit.
Recommended Action
Approve Continuation of a Local Health Emergency Related to the 2019 Coronavirus (COVID-19) as Proclaimed by the Lake County Public Health Officer.
5.17Approve Continuation of a Local Health Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transport, and Disposal of Fire Debris for the LNU Complex Wildfire
Resolution
passed on consent
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
Staff requests the Board of Supervisors adopt the Resolution ratifying the declaration of a local health emergency declared by Gary Pace, M.D., Lake County Health Officer. This declaration was declared on September 9, 2020, due to the LNU Complex Wildfire in the County of Lake. California Health and Safety Code section 101080 provides authority for the Health Officer to issue a declaration of local health emergency.
Recommended Action
Approve the Continuation of a Local Health Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transport, and Disposal of Fire Debris for the LNU Complex Wildfire.
5.18a) Waive the formal bidding requirement pursuant to Lake County Code Section 38.1, as it is an extension of an annual agreement and the County Purchasing Agent has determine such action to be a cost advantage and in the best interest of the County; and b) authorize the IT Director to issue a purchase order to Zoom Video Communications, Inc. for Zoom Video Conferencing licenses in the amount of $27,581.96
Action Item
pulled on consent
Motion carried
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
County departments utilize the Zoom Video Conferencing product to conduct virtual meetings. Our yearly subscription expires on 11/13/2022. We have obtained a renewal quote for the period of 11/13/2022-11/12/2023 in the amount of $27,581.96. This agreement represents an extension of an existing annual agreement. Once invoiced, the Information Technology Department intends to issue a Various Claim Distribution Form to departments for their share of charges.
Recommended Action
a) Waive the formal bidding requirement pursuant to Lake County Code Section 38.1, as it is an extension of an annual agreement and the County Purchasing Agent has determine such action to be a cost advantage and in the best interest of the County; and b) authorize the IT Director to issue a purchase order to Zoom Video Communications, Inc. for Zoom Video Conferencing licenses in the amount of $27,581.96
On motion of Supervisor Sabatier, and by vote of the Board, Waived the formal bidding requirement pursuant to Lake County Code Section 38.1, as it is an extension of an annual agreement and the County Purchasing Agent has determine such action to be a cost advantage and in the best interest of the County; and authorized the IT Director to issue a purchase order to Zoom Video Communications, Inc. for Zoom Video Conferencing licenses in the amount of $27,581.96. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
Clerk’s notes: Supervisor Sabatier 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.
5.19Approve Continuation of a Local Emergency due to COVID-19
Action Item
passed on consent
Staff memo
Executive Summary
See attached proclamation.
Recommended Action
Approve Continuation of a Local Emergency due to COVID-19.
5.20Approve Continuation of a Local Emergency In Lake County in Response to the LNU Lightning Complex Wildfire Event
Action Item
passed on consent
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
Lake County Sheriff, Brian L. Martin, in his capacity as Director of Emergency Services, has declared a State of Emergency in Lake County, in response to conditions of extreme peril to the safety of persons and property resulting from fires related to the LNU Lightning Complex.
The Morgan Fire, which began on the 18th day of August, 2020, has already prompted evacuation of portions of southern Lake County, and rapid changes of wind conditions have required great vigilance in light of the possible need of further evacuations.
The Board of Supervisors must confirm the existence of a local emergency within seven (7) days of that date.
Recommended Action
Approve Continuation of a local emergency by offering the attached proclamation for passage
5.21Approve Continuation of an Emergency Declaration for Drought Conditions
Action Item
passed on consent
Staff memo
Executive Summary
Pursuant to Chapter 6, Article 1 of the Lake County Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when Lake County is affected by, or likely to be affected by a public calamity and the Board of Supervisors is not in session. During the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the County shall be those prescribed by state law, and by ordinance and resolutions of this County, approved by the Board of Supervisors, and by the Lake Operational Area Emergency Operations Plan, as approved by the Board of Supervisors.
On April 21, 2021, the Governor of the State of California proclaimed a State of Emergency for the Counties of Sonoma and Mendocino due to extremely low reservoir levels and drought conditions. Inasmuch, Lake County water table levels are at significantly to critically low levels and are being continuously monitored.
Based upon low water levels, the County may have to consider measures to address the water shortages. These measures may include taking steps to conserve water by practicing water conservation efforts, including, but not limited to repairing leaking plumbing, limiting non-essential watering, limiting car washing, filling bathtubs halfway or less, using high-efficient appliances, reducing shower times, only washing full loads of laundry, turning off water when brushing teeth or shaving, planting drought resistant landscaping and implementing other practices that reduce water consumption. Short or long-term solutions are costly; however, the County may be eligible for State or Federal assistance should the need arise to address drought issues if conditions persist.
Therefore, the declaration of an emergency will allow the County to qualify for funding that has been specifically set aside for drought relief purposes. Programs within the State focus on ground water management, conservation and recapture/recycle initiatives.
By declaring a local emergency, the County is taking a pro-active approach to address drought related disaster issues. In addition, with the adoption of a proclamation declaring a state of local emergency, State law requires the Board of Supervisors to review the status of the emergency at least once every 30 days.
Recommended Action
Approve the Continuation of a Proclamation of Emergency Declaration for Drought Conditions.
5.22Approve Agreement by and between the County of Lake and G.D. Nielson Construction, Inc. for Installation of Standby Generator at Hill Road Correctional Facility in the amount of $507,456 and authorize the Chair to sign the Agreement for Award of Bid No. 22-08
Agreement
passed on consent
Staff memo
Executive Summary
On September 27, 2022, your Board awarded the attached agreement for installation of a 400KW generator at the Hill Road Correctional Facility. After the award, it was discovered that the agreement was not included in the agenda packet. Although the agreement reflects the County's standard construction contract provisions, in order to facilitate an opportunity for the public to review, the agreement is being brought back to your Board for reconsideration.
As stated in the September 27th staff memorandum, bids for this project were publicly opened on Friday, September 9, 2022. Four (4) bids were received and the apparent lowest responsible bidder was G. D. Nielson Construction, Inc. The project is funded through Budget Unit 1785, Public Safety Facilities.
Staff recommends that the Board of Supervisors award the Contract for the Hill Road Correctional Facility Backup Generator Project to G.D. Nielson Construction, Inc. in the amount of $507,456.00 and authorize the Chair to sign the agreement and notice of award.
Recommended Action
Approve Agreement by and between the County of Lake and G.D. Nielson Construction, Inc. for Installation of Standby Generator at Hill Road Correctional Facility in the amount of $507,456 and authorize the Chair to sign the Agreement for Award of Bid No. 22-08.
5.23Approve Purchase Orders for the Purchase of six (6) vehicles for the Central Garage Fleet, and authorize the Public Works Director/Assistant Purchasing Agent to sign the Purchase Orders
Action Item
passed on consent
Staff memo
Executive Summary
The adopted FY 22/23 budget for the ISF Central Garage Division (BU 9905) of the Public Works Department include appropriations for the purchase of six vehicles to replace existing units already in the Central Garage Fleet. The list of vehicles to be replaced along with the individual price quotes are attached to this memorandum.
Annually, the State of California's Procurement Division, complying with legal competitive bidding requirements, solicits vehicle bids throughout the State of California. A State Contract is issued to the low bidders and the results are published and distributed to local agencies. Local agencies are given the opportunity to purchase these vehicles through the state at the same cost as the state. Due to a lack of inventory, vehicles are difficult to find, and prices have escalated significantly.
In an effort to purchase vehicles locally, vehicle make and models are identified in the State Contract and this detailed information is delivered to our local dealership to solicit their proposals on suggested or equivalent vehicles. Our local vendor advised us that they were unable to provide a price quotation for any of the vehicles.
By approving this purchase, your Board concludes that this purchase is being made in accordance with Ordinance 3109 and Section 38.4 Cooperative Purchases of Chapter 2 of the Lake County Code, which allows the County to "piggyback" on other agencies competitively awarded contracts.
Recommended Action
Staff recommends that the Board of Supervisors approve Purchase Orders for the purchase of six (6) vehicles for the Central Garage Fleet, and authorize the Public Works Director/Assistant Purchasing Agent to issue purchase orders through the Statewide Bid Contract to Downtown Ford and the Watsonville Fleet Group for the amounts shown in the attached quotations.
5.24Approve Supplemental Services Agreement Number 2 between the County of Lake and Armstrong Consultants for consulting services related to Lampson Airfield and authorize the Chair to sign the Agreement
Agreement
passed on consent
Staff memo
Executive Summary
The adopted FY 22/23 budget for the Lampson Airfield Capital Improvement (Budget Unit 3123) includes an appropriation for hiring our airport consultant, Armstrong Consultants, to perform preliminary engineering and environmental work for a proposed project to develop hangars on the south side of the existing taxiway. Today's item proposes your Board's consideration of a Supplemental Services contract for the consultant's engineering services, a copy of which is attached.
As discussed in our Department's final budget presentation last month, the development of preliminary plans and environmental reviews will position the County to utilize special Federal funding that has been created by the Bipartisan Infrastructure Law.
Recommended Action
Staff recommends that the Board of Supervisors Approve the Supplemental Services Agreement between the County of Lake and Armstrong Consultants for consulting services related to Lampson Airfield, and authorize the Chair to sign the Agreements.
5.25Approve destruction of records, paper, or document which is more than two years old or document that is not expressly required by law to be filed and preserved
Action Item
passed on consent
Staff memo
Executive Summary
The Sheriff's Department requests your Boards' approval to destroy the following records under Government Code sections 26202 and 26205 authorizing the destruction or disposition of any records, paper or document which is more than two years old or document that is not expressly required by law to be filed and preserved
Homeland Security (Office of Emergency Services) records and documents for FY15 and prior and Emergency Management Performance Grant (EMPG) records and documents for FY18 and prior.
These grants have been closed out by the State and the retention period has passed.
Recommended Action
Approve destruction of records, paper, or document which is more than two years old or document that is not expressly required by law to be filed and preserved
5.26Approve amendment 1 for the continuation of agreement with Zonehaven for SaaS software in the amount of $8,400.00 per year and a total agreement price of $25,200.00 for three years and authorize the chair to sign
Action Item
passed on consent
Staff memo
Executive Summary
The Lake County Sheriff's Office in conjunction with the Clearlake and Lakeport Police Departments began using Zonehaven in 2021 to enhance evacuation preparation during disasters. Zonehaven has predesignated zones covering the entire county making the process of designating an evacuation area quicker and safer for the community.
In 2021, the Gordon and Betty Moore Foundation provided $1,391,250 to implement the Zonehaven Wildfire Platform in several counties in California that had been heavily impacted by wildland fires including Lake County. The grant covered the cost of Zonehaven for two years. The current agreement is set to expire on March 10th, 2023.
Zonehaven provides a web based platform that Lake County residents can access to determine their individual zone and what zones are affected by an emergency. Additionally, shelter locations, road closures, temporary evacuation points and animal evacuation shelters, to name a few, are viewable on the website. This information is updated by one of the three law enforcement agencies in Lake County and is accessible by any member of the public. The system has an agency accessible side to which only authorized users (e.g. deputies, fire personnel, police, etc.) can modify zones, input information, and obtain pre-populated information regarding addresses of residents with special needs. Much of this information is confidential and potentially life saving during an emergency. The information on this side of the platform is not publicly accessible.
The Lake County Sheriff's Office is requesting approval of a three year agreement with Zonehaven to take effect on March 10th, 2023. This three year agreement reflects a price break for those counties that had been included in the Gordon and Betty Moore Foundation and sign the renewal early. The renewal price is $8,400.00 per year and a total agreement price of $25,200.00 for three years.
Funding has been requested from State OES (Office of Emergency Services) for the Homeland Grants in FY22 and will be requested in FY23 and FY24. Upon approval, funds will be allocated in the Sheriff/OES budget 2704.
Recommended Action
Approve amendment 1 for the continuation of agreement with Zonehaven for SaaS software in the amount of $8,400.00 per year and a total agreement price of $25,200.00 for three years and authorize the chair to sign
| Estimated Cost | 25,200 |
|---|
5.27Adopt Resolution to Affirm the Establishment of the Lake County Housing Commission Office Located at 16170 Main Street, Suite F, Lower Lake, CA, 95457.
Resolution
passed on consent
Staff memo
Executive Summary
The Lake County Housing Commission (LCHC) must maintain an active registration in the U.S. Government's SAM.GOV website database in order to receive funding from the Department of Housing and Urban Development. Part of the registration renewal process is to verify the physical address of the LCHC. This may be accomplished by a local government body affirming the address through a Resolution. This Resolution is presented to your board for adoption and subsequent submission to the SAM.GOV website during the registration renewal by staff at the LCHC.
Recommended Action
Staff recommends that the Board of Supervisors adopt the Resolution affirming the establishment of the Lake County Housing Commission office located at 16170 Main Street, Suite F, Lower Lake, CA, 95457
| Estimated Cost | 0 |
|---|---|
| Amount Budgeted | 0 |
5.28(Sitting as the Lake County Sanitation District Board of Directors) Authorize Special Districts Administrator/Assistant Purchasing Agent to issue a purchase order not to exceed $60,000.00 to Thomas & Associates for the purchase of a Gorman-Rupp 4” Self-Priming Sewage Pump.
Action Item
pulled on consent
Motion carried · 4 motions
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
The adopted FY 22/23 budget for Lake County Sanitation- SE Regional includes a Capital Asset appropriation for a Gorman-Rupp 4" Self-Priming Sewage Pump.
This pump will provide the ability to move water between treatment cells and sludge drying beds at the Southeast Treatment Plant. This enables staff to have options for different treatment configurations when dealing with changing influent conditions. In addition, this pump will allow staff to accommodate planned and unplanned bypass pumping at our many lift stations, allowing the stations to remain functional and avoid spills during planned maintenance or equipment failures.
Staff has reached out to four vendors for quotes with a description of the equipment needed. The range of quotes was $56,022.26 to $110,834.73. It was determined that Thomas & Associates submitted the lowest quote and their product is in conformity with the South East Treatment Plant's needs. In addition, Thomas & Associates has a positive service reputation and their equipment is trusted by our field staff.
Staff respectfully requests your Board approve the purchase order for the Gorman-Rupp 4" Self-Priming Sewage Pump from Thomas & Associates.
Recommended Action
(Sitting as the Lake County Sanitation District Board of Directors) Authorize Special Districts Administrator/Assistant Purchasing Agent to issue a purchase order not to exceed $60,000.00 to Thomas & Associates for the purchase of a Gorman-Rupp 4" Self-Priming Sewage Pump.
| Estimated Cost | $60,000 |
|---|---|
| Amount Budgeted | $70,000 |
| Additional Requested | 0 |
| Future Annual Cost | 0 |
On motion of Supervisor Sabatier, and by vote of the Board, approved consent agenda items 5.1 through 5.28 with the exception of items 5.3, 5.7, 5.11, 5.18, and 5.28 which were pulled for further discussion. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
On motion of Director Sabatier, and by vote of the Board, Authorized the Special Districts Administrator/Assistant Purchasing Agent to issue a purchase order not to exceed $60,000.00 to Thomas & Associates for the purchase of a Gorman-Rupp 4” Self-Priming Sewage Pump. The motion carried by the following vote:
Ayes- Directors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Director
On motion of Supervisor Sabatier, and by vote of the Board, moved to reconsider and reopen the Consent Agenda Items. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
On motion of Supervisor Sabatier, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.28 with the exception of items 5.3, 5.7, 5.10, 5.11, 5.18, and 5.28 which were pulled for further discussion. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
Clerk’s notes: Director Sabatier introduced the item to the Board. Special Districts Administrator Scott Harter 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. - Public Input
Clerk’s notes: Public Members Olga Martin Steele, Natasha Robinson, and Joan Moss spoke.
6.29:06 A.M. - Presentation of BluePoint Planning for the Preparation of a Countywide Parks, Recreation, and Trails Master Plan
Presentation
Staff memo
Executive Summary
Earlier this year the Public Services Department solicited proposals to analyze opportunities and constraints of the County's parks, recreation, and trails system; assess existing facilities, potential locations, recreation programs, and trail components; and develop a comprehensive countywide parks, recreation, and trails master plan. Your Board awarded the contract for this effort to BluePoint Planning, and work is now underway. The final plan will serve as an implementation tool and operational guide for management of county parks, recreation programs, and trails.
BluePoint staff, along with Public Services, would like to take a brief opportunity to "kickoff" the project with an introduction to your Board to provide an overview of the work plan and the events that will occur over the next year.
Recommended Action
Presentation only
This item was pulled and continued to a date uncertain.
6.39:30 A.M. - Public Hearing - Hearing of Notice of Violation and Notice of Nuisance and Order to Abate; Property Owner: Thomas Carter; Location: 1622 Hunter Point Rd., Upper Lake (APN 022-001-05)
Public Hearing
Motion carried
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Attachment A - Notice of Hearing
Attachment B - Site Map / Photos
Attachment C - Building Division documents
Attachment D - Notice of Expired Permit
Attachment E - Stop Work Order photos
Attachment F - Stop Work Order Letter
Attachment G - Second Stop Work Order Letter
Attachment H - Notice of Nuisance / Order to Abate
Attachment I - Notice of Non-compliance
Attachment J - Final Notice of Nuisance / Order to Abate
Attachment K - Notice of Violation and Superseding Notice of
Nuisance / Order to Abate
Attachment L - Request for Hearing / Carter Statement
Attachment M - Building Permit Fees
Executive Summary
The Board will consider the appeal of Thomas Carter pursuant to Lake County Code (LCC) Chapter 13, Article I, Section 13-7.1 - A hearing before the Board of Supervisors regarding a Notice of Nuisance and Order to Abate (NONOTA) may be requested by filing a written request for a hearing with the Lake County Community Development Department within twenty-one (21) days of service of the NONOTA. When a hearing is requested as provided for in the NONOTA, the Board shall proceed to hear the testimony.
Property Information:
Property: 1622 Hunter Point Rd, Upper Lake, CA
APN#: APN#022-001-05
Property Owner: Carter, Thomas (hereinafter, Carter)
Carter, Olivia
Ceridono, Jaime
Zoning: Rural Lands (RL)
Property Description: Property is approximately 20.43 acres, improved with:
(1) primary residence (approx. 2400 sq. ft.)
(2) accessory dwelling unit (approx. 525 sq. ft.)
(3) alleged ag-exempt barn (approx.. 1800 sq. ft.)
Basis of Investigation:
Code Enforcement received information alleging structures and/or buildings were erected or constructed with first obtaining the issuance of building permits. Code Enforcement determined that three (3) structures have been erected or constructed without first obtaining the issuance of building permits.
The appealing party, Thomas Carter (Carter) claims he did not obtain building permits, as he claims the costs of obtaining building permits increased from the period when Carter obtained an estimate ($approx. 4,000) to the period when permit fees were to be paid (approx.. $17,000).
Case History:
In 2018, the subject property was affected by the Mendo-Complex Fire and the primary structure incurred significant fire damage. Carter intending to rebuild, claims the Building Safety Division (BSD) provided an estimate of approximately $4,000 for his building permit fees. Carter's claims his insurance company disbursed funds to him based on said amount.
On 2/25/2019, Carter started the process to obtain a building permit to rebuild and submitted a building permit. At that time, only a permit was issued for the construction of a foundation.
On 12/18/2019, Carter continued with the building permit process by submitting building plans. At this time Carter learned the fees for a building permit had been increased. The technician made a notation on permit BLDG19-01826, the owner did not pay any fees and the building plans are on hold and will not go to plan check until the plan check fee is paid. (Attachment C)
On July 20, 2020, the BSD sent a "Notice of Expired Permit" to Carter. No final inspection had been performed by BSD and no Certificate of Occupancy had been issued for occupation. (Attachment D)
On October 25, 2021, the Lake County Building Safety Division posted a "Stop Work Order" for building without permits. (Attachment E)
On October 27, 2021, BSD mailed a letter to Carter stating a "Stop Work Order" was posted for not first obtaining the required building permits. (Attachment F)
On December 8, 2021, a "Second Notice" was mailed to Carter containing the same information as the letter dated 10/27/2021. (Attachment G)
On February 28, 2022, Code Enforcement issued a "Notice of Nuisance and Order to Abate" against the property for (1) failure to obtain required permits; and (2) occupying a building or structure with first obtaining issuance of a certificate of occupancy. (Attachment H)
On March 1, 2022, A Notice of Non Compliance was recorded for failure to obtain permits. (Attachment I)
On April 29, 2022, a 'Final and Last Notice of Nuisance and Order to Abate" was issued against the property for the same violations in the 2/28/2022 Notice of Nuisance and Order to Abate. . (Attachment J)
In June 2022, I (Beltramo) contacted Carter via telephone. Carter stated he did not obtain a building permit because the building permit fee increased from around $4,000 to around $17,000. Carter stated he and his insurance company contacted the BSD and were given an estimate for permits fees of around $4,000. Carter also confirmed during this conversation he built a 2400 sq. ft. primary residence; a 525 sq. ft. dwelling unit for his son; and a barn that Carter stated he received a verbal agricultural exemption from the Chief Building Official at that time. Carter stated the barn is used for making wine barrels.
LCC Chapter 5, Section 6.24 Ag. Exempt structures - an exempt Building permit shall be issued for any agricultural Building as defined in section 202 of the California Building Code, which is located on a parcel of land with an area of ten (10) or more acres being used primarily for agricultural uses;
LCC Chapter 5, Section 5-4A 2019 California Building Code, Section 202 Agricultural Building - A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public.
On June 15, 2022, Code Enforcement issued a "Notice of Violation" and a superseding "Notice of Nuisance and Order to Abate" for violations of (1) three (3) unpermitted structures; (2) failure to obtain a zoning clearance; (3) a public nuisance violation for use of land, buildings, operated or maintained contrary to the provisions of Chapter 5 and 21. (Attachment K)
On June 29, 2022, an appeal letter and request for hearing was received from Carter. Carter is appealing to the BOS to apply the fee rate that was in effect at the time of the fire. (Attachment L)
Per the BSD, Carter owes the following approximate amounts in permit fees and penalties (Attachment M):
* 2466 sq. ft. SFD and 788 Garage sq. ft. - $17,115.57 (includes penalty $10, 211.57)
* 525 sq. ft. ADU - $1,981.88
* Barn (approx. 2,000 sq. ft.) $2,719.35
Recommended Action
Staff recommends the Board of Supervisors uphold the Code Enforcement Notice of Violation and Notice of Nuisance and Order to Abate and direct the property owner to pay the permit fees and any penalties, or voluntarily abate all unpermitted structures by first obtaining a demolition permit, if not done so in a period of time determined by the Board of Supervisors, direct staff to move forward with the imposition of administrative penalties and, if necessary pursue abatement of all unpermitted structures.
On motion of Supervisor Sabatier, and by vote of the Board, continued the item to the November 8, 2022 Board of Supervisors Meeting at 9:30 a.m. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
Clerk’s notes: Community Development Director Mireya Turner presented the item to the Board. County Counsel Anita Grant 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.
6.49:35 A.M. - Public Hearing - Consideration of Appeal of Notice of Nuisance and Order to Abate for 200 Hoover St., Clearlake Oaks (APN# 035-404-180); Appellant: Brett Hill
Public Hearing
Motion carried
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Attachment A - Hearing Notice
Attachment B - Property Map
Attachment C - Notice of Nuisance / Order to Abate
Attachment D - Site Photos
Attachment E - Hearing Request Form
_____________________________________________________________________________
Executive Summary
The Board will consider the appeal of Brett Hill (appellant / occupant) pursuant to Lake County Code (LCC) Chapter 13, Article I, Section 13-7.1 - A hearing before the Board of Supervisors regarding a Notice of Nuisance and Order to Abate (NONOTA) may be requested by filing a written request for a hearing with the Lake County Community Development Department within twenty-one (21) days of service of the NONOTA. When a hearing is requested as provided for in the NONOTA, the Board shall proceed to hear the testimony
Property:
Appellant: Brett Hill
Property Address: 200 Hoover St., Clearlake Oaks, CA
APN #: 035-404-180
Property Owner: Brian R. Barrington
Zoning Designation: "R1" Single Family Residential
Improvements: Vacant lot, no primary structure
Attachment B - Property Map
Facts:
On July 11, 2022, Lake County Code Enforcement issued a "Notice of Nuisance and Order to Abate" (NONOTA) against the property for violations of the Lake County Code. The property was cited for the following violations: (Attachment C)
* LCC Chapter 13, Article I, Section 13-3.1 (e) (7) - existence of garbage, rubbish, refuse, or weeds upon the premises.
* LCC Chapter 13, Article I, Section 13-3.1 (e) (8) - Any items causing an unsightly appearance which is visible from the scenic corridor or public right of way or sites of neighboring properties.
* LCC Chapter 13, Article I, Section 13-3.1 (e) (13) - Abandoned, dismantled, wrecked, or inoperable motor vehicles, motorcycles, recreational vehicles, trailers, campers, boats or parts thereof.
* LCC Chapter 13, Article I, Section 13-3.1 (e) (5) - Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of this Chapter 13 and Chapter 21.
***Although not cited, storage of a recreational vehicle and other miscellaneous items is occurring on the property in violation and/or contrary to the zoning ordinance. With no primary residence, the primary purpose of the zoning designation has not been met for the "R1" zoning designation. Storage is considered an accessory use secondary or subordinate to the primary purpose and cannot occur without the primary residence.
On August 1, 2022, a "Nuisance Abatement Hearing Request Form" was received from a tenant/representative Brett Hill (Hill) contesting the "NONOTA". The reason provided: "we have an RV on property for storage also the lot has been over with brush, debri, And I am cleaning the lot up for the property owner as it's a fire hazard. (Attachment E)
Recommended Action
Uphold the NONOTA and direct staff to move forward with the nuisance abatement procedures
On motion of Supervisor Sabatier, and by vote of the Board, denied the appeal of notice of nuisance and ordered abatement within 24 hours if the RV was not been removed and all the nuisances that were listed on the violation. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
Clerk’s notes: All members to the hearing were sworn in by the Clerk. Code Enforcement Manager Marcus Beltramo presented a PowerPoint Presentation to the Board. Appellants Brett Hill and Kimberly Bauer, County Counsel Anita Grant, and Community Development Director Mireya Turner 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.
6.510:30 A.M. - (Continued from September 27, 2022) Public Hearing - Consideration of Proposed Rezone (RZ 22-02) and Negative Declaration (IS 22-19). Applicant: Daniel Sosa. Project Location: 3774 and 3794 E. Highway 20, Nice (APNs 032-181-02 and 03).
Public Hearing
Motion carried
Carried 3-1 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: nay
Crandell: aye Pyska: aye Sabatier: aye Simon: nay
Staff memo
Exhibits: 1. Vicinity Map
2. Proposed Rezone Map
3. Draft Rezone Ordinance
4. Proposed Conditions of Approval
5. Planning Commission Staff Report and Packet
6. Planning Commission Hearing Minutes, July 14, 2022
I. EXECUTIVE SUMMARY
The applicant proposes a Rezone to change the zoning of APNs 032-181-02 and 03 from "CH-DR" Highway Commercial - Design Review to "C2-DR" Community Commercial-Design Review in order to allow retail sales of commercial cannabis. No change is needed to the General Plan designation since both existing and proposed zoning districts have the same General Plan designation (Community Commercial). The Planning Commission approved a recommendation of approval of the proposed rezone to the Board of Supervisors during a public hearing at their July 14, 2022 meeting.
II. PROJECT DESCRIPTION
Applicant/owner: Daniel Sosa
Location: 3774 & 3794 E. Highway 20, Nice, CA
A.P.N.s: 032-181-02, 032-181-03
General Plan: Community Commercial
Zoning - Existing: "CH-DR" Highway Commercial - Design Review
Zoning - Proposed: "C2-DR" Community Commercial - Design Review
Flood Zone: X
School District: Upper Lake Unified School District
Fire Protection: Northshore Fire District
Figure 1 - Zoning Map of Site and Surrounding Area
Figure 2 - Aerial Photo of Site
Source: Google Earth Pro
Project Setting
Existing Uses and Improvements: The site is developed with the Nice Market and Caf�, and a paved parking lot.
Water Supply: Public water system
Sewage Disposal: Public sewer System
Vegetation: Several native oak trees, grasses
Surrounding Uses and Zoning:
* West: "C2-DR" - Community Commercial - Design Review. The parcel is 0.68 in size and is presently vacant.
* North and East: "R1" - Low Density Residential. Small lots mostly containing single family dwellings. The lot to the south across Hudson Avenue is about 0.36 acres in size and is vacant.
* South: "CH-DR" - Highway Commercial - Design Review. Small lots containing small businesses and non-conforming dwellings. Several vacant parcels in this area as well.
Figure 3 - View of Buildings from Highway 20
Source: Google Earth Pro
II. PROJECT ANALYSIS
General Plan Conformance. The General Plan designation for the subject site is Community Commercial; this designation applies to properties zoned "CH" and "C2", so no General Plan Amendment is needed with this rezone. The proposed rezone would be consistent with the applicable General Plan goals and policies. The area contains a mixture of "C2", "CH" and "R1"-zoned land.
Community Commercial
The purpose of this land use category is to provide a full range commercial retail and service commercial establishments serving multiple neighborhoods or the entire community.
The applicant intends to sell commercial cannabis, which is not a permitted use in the "CH" zone, but is allowed in the "C2" zone. Following are pertinent sections of the General Plan Land Use Element.
* Policy LU-6.1 Diverse Economic Base. The County shall actively promote the development of a diversified economic base by continuing to promote agriculture, recreation services, and commerce...
This use will have up to six employees who will spend money locally by continued ongoing retail use of the site for retail cannabis sales. This in turn will help the local economy by having employees purchase commodities, gas, food and other items from local vendors.
Figure 4 - General Plan Designations of Site and Vicinity
Source: Lake County GIS Mapping
Upper Lake - Nice Area Plan Conformance. This proposal will remove one of the few food markets in the area. Markets within one mile of the site include the New Marina Market (Chevron Station / convenience store); a Dollar General market, and a Food Mart (Chevron Station / convenience store).
The subject site is within the Upper Lake - Nice Area Plan's boundary. The Plan does not have planning elements that pertain to rezoning land, but has a policy that applies to economic development as follows.
* Policy 5.1.1i A high priority should be given to providing service and employment opportunities locally.
The project will generate up to six employees once the rezoning occurs and the applicant is able to use the building to sell retail cannabis.
Zoning Ordinance Conformance
Article 47 - Ordinance Text Amendment and Rezoning Amendment. Certain actions are needed for approving a rezoning per Article 47, subsections 47.24 (a) and (b), as follows:
47.24 Public hearing by the Planning Commission - Recommendation to the Board of Supervisors:
(a) After the close of the public hearing, the Planning Commission shall render its final decision of the proposed rezoning amendment. Within ten (10) days of said final decision, the Planning Commission shall transmit its decision in the form of a written recommendation to the Board of Supervisors. Such recommendation shall include the reasons for the recommendation, the relationship of the proposed rezoning amendment to the Lake County General Plan, and a copy of the proposed amendment.
The Planning Commission held a hearing for Rezone (RZ 22-02) on July 14, 2022. The hearing resulted in a recommendation of "approval with conditions" to be brought before the Board of Supervisors.
Article 19 - C2 Community Commercial Zoning District: The purpose is to provide a full range of commercial retail and service establishments to communities. Retail commercial cannabis sales are a permitted use in the "C2" zoning district. Retail cannabis sales are not permitted in the CH zoning district, but are a by-right use in the C2 zoning district.
The project site is located within the "DR" Design Review combining district; however since no site improvements are proposed, no Design Review is required. Future site improvements may require design review.
On July 14, 2022, the Planning Commission recommended approval with conditions of the proposed Rezone (RZ 22-02) and adoption of the Negative Declaration (IS 22-19).
III. ENVIRONMENTAL EVALUATION
The project request is to rezone the parcels from "CH-DR" Highway Commercial - Design Review to "C2-DR" Community Commercial - Design Review. The site is already developed, and the applicant is proposing no new development in association with this rezone.
Staff evaluated the rezone for potential impacts to 21 environmental categories and determined that the rezone by itself did not cause the need for further mitigation measures. A "negative declaration" resulted from this evaluation; negative declarations do not contain mitigation measures when no further impacts to a site appear to be imminent because of a land use action occurring.
IV. RECOMMENDATION
The Planning Commission recommends the Board of Supervisors:
A. Adopt Negative Declaration (IS 22-19) for Rezone (RZ 22-02) with the following findings:
1. The rezone will have a "less than significant" impact since the site is developed and no new development is proposed.
2. The project is consistent with land uses in the vicinity.
B. Approve Rezone (RZ 22-02) with the following recommendations:
1. Find that this project is consistent with the Lake County General Plan, Upper Lake - Nice Area Plan and the Lake County Zoning Ordinance.
Sample Motions:
Negative Declaration (IS 22-19)
I move that the Board of Supervisors find the Rezone (RZ 22-02) applied for by Daniel Sosa on property located at 3774 and 3794 E. Highway 20, Nice, CA further described as APNs: 032-181-02 and 03 will not have a significant environmental impact and that the Board adopts the Negative Declaration (IS 22-19) based on the findings set forth in the memorandum dated October 18, 2022.
Rezone (RZ 22-02)
I move that the Board of Supervisors find that the Rezone (RZ 22-02) applied for by Daniel Sosa on property located 3774 and 3794 E. Highway 20, Nice, CA further described as APNs: 032-181-02 and 03 does meet the requirements of Section 47.24 of the Lake County Zoning Ordinance based on the findings listed in the memorandum dated October 18, 2022.
I move that the Ordinance by read in title only.
I offer the Ordinance.
N/A
Supervisor Simon made a motion that the Board of Supervisors find the Rezone (RZ 22-02) applied for by Daniel Sosa on property located at 3774 and 3794 E. Highway 20, Nice, CA further described as APNs: 032-181-02 and 03 will not have a significant environmental impact and that the Board adopts the Negative Declaration (IS 22-19) based on the findings set forth in the memorandum dated October 18, 2022. The motion failed for lack of a second.
On motion of Supervisor Sabatier, and by vote of the Board, denied the negative declaration (IS 22-19) due to it being insufficient. The motion carried by the following vote:
Ayes- Supervisors: 3 - Sabatier, Pyska, and Crandell
Nays- Supervisor: 1 - Simon
Vacant- District 4 Supervisor
Clerk’s notes: Associate Planner Eric Porter presented the PowerPoint Presentation to the Board. Community Development Director Mireya Turner and Mary Ann Alexander 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.
6.611:30 A.M. - Public Hearing - Consideration of Ordinance Rescinding Specified Sections of the Lake County Zoning Ordinance Relating to Early Activation
Public Hearing
Motion carried · 2 motions
Carried 4-0 — moved by Simon
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Carried 4-0 — moved by Simon
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
At the July 26, 2022 meeting, the Board adopted Ordinance 3124, an Urgency Ordinance establishing a moratorium on the issuance of Early Activation (EA) permits (Attachment 1), and adopted Resolution 2022-91, announcing the Board's intention to initiate an amendment to the Zoning Ordinance relating to EA issuance (Attachment 2). Staff was directed to obtain recommendations on the draft ordinance, from both the Cannabis Task Force and the Planning Commission.
The Cannabis Task Force met on August 1, 2022, and approved a recommendation of rescission of the EA permits. This recommendation was also approved by the Planning Commission during their meeting on August 11, 2022. The draft ordinance returned to the Board of Supervisors on August 23, 2022, however the wording of the agenda title did not allow the Board to take action at that time. This public hearing has been properly noticed and the draft ordinance is ready for your consideration (Attachment 3).
Recommended Action
Staff recommends the Board approve a first reading of the draft ordinance, in title only, and advance the ordinance to the next meeting date.
On motion of Supervisor Simon, and by vote of the Board, waived the reading of the ordinance to have it read in title only. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
On motion of Supervisor Simon, and by vote of the Board, advanced the second reading of the ordinance to the next Board of Supervisors Meeting. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
Clerk’s notes: Community Development Director Mireya Turner presented the item to the Board. County Counsel Anita Grant 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.
6.71:00 P.M. - Consideration of Retention of Specialized Legal Services to Address PG&E's Wildfire Mitigation Activities
Action Item
Motion carried
Carried 3-1 — moved by Pyska
Crandell: aye Pyska: aye Sabatier: nay Simon: aye
Crandell: aye Pyska: aye Sabatier: nay Simon: aye
Staff memo
Executive Summary
As your Board is aware, the County of Lake, and many other counties in the state, experience ongoing difficulties with certain decisions of the Pacific Gas & Electric Company (PG&E), particularly those related to PG&E's ongoing removal of trees which it determines present a safety hazard to either its crews or to its electrical equipment. Unfortunately, PG&E's reluctance to make a sustained commitment to remove those felled trees is also ongoing.
In the course of her work and commitment to reducing wildfire risk in the County, Supervisor Pyska became aware of attorney Megan Somogyi from the law firm of Downey Brand. Megan Somogyi specializes in the California Public Utilities Commission and California regulated utilities. She assists clients in a broad array of utility-related matters, including wildfires and power shutoff proceedings, utility certification and ratemaking.
Ms. Somogyi is well-known for her work on behalf of local governments to improve the manner in which electric utilities conduct wildfire mitigation activities and de-energize their power lines to reduce wildfire risk. As a result of this work, Megan is one of the foremost experts in California on the CPUC's regulation of utility wildfire prevention and proactive de-energization of power lines as it relates to local government emergency management and response.
Given Ms. Somogyi' s level of expertise, I would recommend that your Board approve the retention of Ms. Somogyi to assist the County in seeking resolution of the safety issues facing the County as a result of PG&E's failure to remove the significant number of trees it has cut down here, as well as issues the County faces in regard to PG&E's public safety power shut-offs. This level of expertise is not inexpensive as you will see from the attached Engagement Letter, but your Board can certainly place an initial limit on the maximum amount to be expended and/or may wish to consider inviting other counties to join Lake County in this endeavor and to share the cost of these legal services.
If your Board agrees to approve the Engagement Letter, you may do so by motion and authorize me to sign. Any conditions, limitations, and/or further instructions may be accomplished by motion as well.
It is my understanding that the Administrative Office has agreed to identify a funding source for this item.
Recommended Action
Approve Retention of Specialized Legal Services to address PG&E's Wildfire Mitigation Activities and Authorize County Counsel to sign.
On motion of Supervisor Pyska, and by vote of the Board, approved the engagement letter for legal services to address PG&E's wildfire mitigation activities. The motion carried by the following vote:
Ayes- Supervisors: 3 - Simon, Pyska, and Crandell
Nays- Supervisor: 1 - Sabatier
Vacant- District 4 Supervisor
Clerk’s notes: County Counsel Anita Grant introduced the item to the Board. Megan Somogyi presented the item to the Board.
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.
7. Non-Timed Items
7.1Supervisors’ weekly calendar, travel and reports
7.2Consideration of an Advocacy Letter Requesting Urgent State Action in Support of Lake County’s Tree Mortality Emergency
Action Item
Motion carried
Carried 4-0 — moved by Pyska
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
Lake County is facing an urgent and expanding Tree Mortality emergency. State support is required to manage costs associated with removal of dead and dying trees, and the following related requests have been put forth to key partners:
* $3M to Bridge CDAA Funding Gap for Immediate Dead and Dying Tree Remediation
* $145K to Co-Fund Updated LiDAR Data to Better Understand this Crisis (USGS Primary)
* Technical Assistance to Support County Efforts to Remove and Dispose of 4,000 Conifers
* Support in Holding PG&E, State and Federal Agencies Accountable for Vegetation Removal
The attached advocacy letter, and "one-page" situational summary and maps, illustrate the depth and complexity of this challenge.
We are grateful Senator McGuire, Assemblymember Aguiar-Curry, CAL FIRE and others have already demonstrated receptivity to helping Lake County confront and overcome this emergency.
The attached materials are presented in the interest of continuing our Board's discussion of Tuesday, September 20, where we considered options to request advocacy support from Rural County Representatives of California (RCRC) to fund County cost-shares related to this emergency event; as presented, the letter and one-pager can be utilized by RCRC and State partners, the California State Association of Counties (CSAC), or others that may support Lake County's requests.
Recommended Action
Approve the Advocacy Letter and Authorize the Chair to Sign.
On motion of Supervisor Pyska, and by vote of the Board, approved Advocacy Letter and authorized the Chair to Sign. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
Clerk’s notes: Supervisor Pyska 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.
7.3Consideration of County Representation for October 27 Meeting with CPUC Commissioner Darcie Houck and Rural County Representatives of California (RCRC); Discussion to Gather Board Member and Public Input in Preparation for this Meeting
Action Item
Motion carried
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
On Thursday morning, October 27, Commissioner Darcie Houck of the California Public Utilities Commission (CPUC), has agreed to meet with a small delegation from the County of Lake and representatives of RCRC, to better understand the unique challenges facing our County that intersect the work of the CPUC.
This meeting flows, in part, from recent discussions surrounding PG&E's vegetation management and wood hauling programs and practices. Given her central role in that ongoing conversation, Supervisor Pyska has agreed to attend this meeting, as one representative of your Board.
Potential topics include the following:
* PG&E Wood haul/vegetation management
* PG&E system capacity issues: Lake County is aware instances have occurred in other counties where PG&E was unable to provide electrical service to new businesses/housing/etc.
* PG&E's fast trip/EPSS program impacts
* Broadband: Lake County will soon be developing an Implementation Plan with a Consultant - are there pitfalls to avoid that have come to the CPUC's awareness?
Staff is seeking your Board's consensus regarding a second Board of Supervisors representative for this meeting, and welcomes your discussion of experiences from your Districts that will be relevant to this meeting, and topic suggestions.
Recommended Action
Appoint a 2nd Board of Supervisors Representative; discuss potential topics and experiences from your Districts relevant to this meeting.
On motion of Supervisor Sabatier, and by vote of the Board, approved Supervisor Pyska and Supervisor Crandell as the Supervisor Representatives in the discussion with CPUC regarding PG&E topics as discussed. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
Clerk’s notes: Deputy County Administrative Officer Matthew Rothstein 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.
7.4Consideration of Resolution Authorizing an Amendment to the Standard Agreement Between the County of Lake and the Department of Health Care Services for the Period of July 1, 2020 through June 30, 2023 and Authorizing the Behavioral Health Director to Sign the Amendment to the Standard Agreement.
Resolution
Staff memo
Executive Summary
This Amendment to the Standard Agreement between Lake County Behavioral Health Services and the Department of Health Care Services which outlines the responsibilities and fiscal provisions for Lake County's Drug Medi-Cal plan provides an increase in the maximum amount payable of $24,982,500.00 for a new maximum of $26,880,000.00.
This increase is solely the result of Lake County's contract with Narcotic Treatment Program Services with a Tribal 638 Clinic. Tribal 638 Clinics may charge an "All-Inclusive" rate defined by the Federal Medical Care Recovery Act, also known as the "OMB" rate. This rate is updated periodically and currently sits at $640.00 per client per day. Lake County experienced a significant utilization of these services and the increase of $24,982,500.00 to the state plan contract is a projection of the current utilization trend.
Recommended Action
Adopt Resolution Authorizing an Amendment to the Standard Agreement Between the County of Lake and the Department of Health Care Services for the Period of July 1, 2020 through June 30, 2023 and Authorizing the Behavioral Health Director to Sign the Amendment to the Standard Agreement.
Supervisor Simon offered the resolution and it passed by roll call vote:
Ayes- Supervisors: 3 - Simon, Pyska, and Crandell
Nays- Supervisor: 1 - Sabatier
Vacant- District 4 Supervisor
Clerk’s notes: Deputy Behavioral Health Director Elise Jones presented the item to the Board. Deputy Behavioral Health Director April Giambra 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.
7.5Consideration of Amendment No. 3 to the Agreement Between County of Lake and North Valley Behavioral Health, LLC. for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Psychiatric Hospitalization for Fiscal Year 2021-22 in the Amount of $911,380.00 and Authorize the Board Chair to Sign.
Agreement
Motion carried
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
This Amendment represents an increase needed to render payment for three invoices received on 08/25/2022, all for one client. Two of these invoices are for placement in North Valley from 04/01/2022 through 05/31/2022 and one is for LPS declaration and associated services. The client did not have Medi-Cal due to the fact they were incarcerated when admitted to the facility. Once the incarceration ended in late July, Medi-Cal was reinstated back to the 04/01/2022 admission date making Lake County Mental Health Plan liable for these expenses. These services are 100% reimbursable by the Department of Health Care Services.
Recommended Action
Approve Amendment No. 3 to the Agreement Between County of Lake and North Valley Behavioral Health, LLC. for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Psychiatric Hospitalization for Fiscal Year 2021-22 in the Amount of $911,380.00 and Authorize the Board Chair to Sign.
| Estimated Cost | $911,380.00 |
|---|---|
| Amount Budgeted | $911,380.00 |
On motion of Supervisor Sabatier, and by vote of the Board, approved Amendment No. 3 to the Agreement Between County of Lake and North Valley Behavioral Health, LLC. for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Psychiatric Hospitalization for Fiscal Year 2021-22 in the Amount of $911,380.00 and Authorized the Board Chair to Sign. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
Clerk’s notes: Deputy Behavioral Health Director Elise Jones 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.
7.6Consideration of (a) Waiving 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) Agreement between County of Lake and the Regents of the University of California, Davis in the amount of $510,981.00 for Early Psychosis Intervention Program Evaluation Services for FYs 2022-23 through 2025-26 and authorize the Board Chair to Sign.
Agreement
Motion carried
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
In the fall of 2020 Lake County Behavioral Health Services was awarded the Early Psychosis Intervention Plus Grant. This grant opportunity came through the Mental Health Services Oversight & Accountability Commission (MHSOAC). Lake County Behavioral Health has always provided services to young people experiencing the early onset of psychosis, as well as other behavioral or emotional challenges. This grant provides a pathway for significant expansion of services in-line with an evidence-based fidelity model.
Beyond funding, the MHSOAC partnered with the University of California, Davis, who founded the Early Psychosis Learning Health Care Network (LHCN), which is a multi-year project that connects Early Psychosis (EP) programs across California to improve early identification, diagnosis, clinical assessment, intervention effectiveness, service delivery, and health outcomes in clinics offering evidence-based specialty care to people in the early stages of a psychotic illness. Another major goal of the EP LHCN is to develop a sustainable network of California EP programs via a collaborative statewide evaluation to clarify the effect of the network and these programs on the consumers and communities that they serve. The EP LHCN is led by UC Davis in collaboration with University of California San Francisco, University of California San Diego, and multiple California Counties. The initial infrastructure has been developed using MHSA Innovation funds and thus the proposal must comply with the regulatory and funding guidelines for evaluation as stipulated by the applicable MHSA funding regulations, contract deliverables, and best practices.
The cost of these services and contract is entirely covered by grant funds.
Recommended Action
(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 County of Lake and the Regents of the University of California, Davis in the amount of $510,981.00 for Early Psychosis Intervention Program Evaluation Services for FYs 2022-23 through 2025-26 and authorize the Board Chair to Sign.
| Estimated Cost | $510,981.00 |
|---|---|
| Amount Budgeted | $510,981.00 |
On motion of Supervisor Sabatier, and by vote of the Board, waived 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 approved Agreement between County of Lake and the Regents of the University of California, Davis in the amount of $510,981.00 for Early Psychosis Intervention Program Evaluation Services for FYs 2022-23 through 2025-26 and authorized the Board Chair to Sign. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Supervisor
Clerk’s notes: Deputy Behavioral Health Director Elise Jones 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 the following Advisory Board Appointments
Lucerne Area Town Hall (LATH)
Appointment
Staff memo
Executive Summary
Lucerne Area Town Hall: One (1) Vacancy
Applicants: Christopher Blake Carreon
Melanie Lim
Recommended Action
Appoint qualified applicants to the specified advisory board.
There was Board Consensus to continue the item to the next meeting.
8. 10:00 A.M. Assessment Appeal Hearing - Sitting as the Board of Equalization
8.1Consideration of Request by the Lake County Assessor's Office to Continue the following Assessment Appeal Applications: 03-2020 through 10-2020, Earthways Foundation, Inc., a Delaware Nonprofit Corporation to the May 2, 2023 Board of Supervisors Meeting
Action Item
Motion carried
Carried 4-0 — moved by Simon
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
The Assessor is requesting a continuance from the Assessment Appeals Board under Property Tax Rule 323 for Applications for Changed Assessment numbers: 03-2020 through 10-2020.
The Tax Rule has been attached to the agenda.
On motion of Commissioner Simon, and by vote of the Board, approved the stipulation for the property described in item 8.1. The motion carried by the following vote:
Ayes- Commissioners: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Commissioner
Clerk’s notes: Assessor-Recorder Richard Ford introduced the item to the Board. Assistant Assessor-Recorder Dave Schwenger presented the item to the Board. County Counsel Anita Grant spoke.
8.2Consideration of Request by the Appellant to Continue the following Assessment Appeal Applications: No. 68-2022 Worldmark to the May 2, 2023 Board of Supervisors Meeting
Action Item
Motion carried
Carried 3-1 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: nay
Crandell: aye Pyska: aye Sabatier: aye Simon: nay
On motion of Commissioner Sabatier, and by vote of the Board, continued the assessment appeal application 68-2020 Worldmark to the May 2, 2023 Board of Supervisors Meeting with anticipation of recieving market value information. The motion carried by the following vote:
Ayes- Commissioners: 3 - Sabatier, Pyska, and Crandell
Nays- Commissioner: 1 - Simon
Vacant- District 4 Commissioner
Clerk’s notes: Assistant Assessor-Recorder Dave Schwenger presented the item to the Board. County Counsel Anita Grant and Assessor-Recorder Richard Ford spoke.
8.3Consideration of withdraw on the following Assessment Appeal Applications: a) No. 05-2021, Charles E.Bellig TRS.; and b) No. 06-2021, Lakeshore Drive, LLC; and c) No. 09-2021, Transform SR Holding Management, LLC; and d) No. 01-2021, 03-2021, Geysers Power company LLC.
Action Item
Motion carried
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
On motion of Commissioner Sabatier, and by vote of the Board, approved the withdrawal on the listed assessment appeal applications. The motion carried by the following vote:
Ayes- Commissioners: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Commissioner
Clerk’s notes: Assistant Assessor-Recorder Dave Schwenger presented the item to the Board.
8.4Consideration to Deny the following Assessment Appeal Applications on Timeliness, as no request for hearing received: a) No. 02-2021, Norman Winters Trustee; and b) No. 08-2021, Patricia Gage
Action Item
Motion carried · 2 motions
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
a) On motion of Commissioner Sabatier, and by vote of the Board, denied Assessment Appeal Application No. 02-2021, Norman Winters Trustee on Timeliness. The motion carried by the following vote:
Ayes- Commissioners: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Commissioner
b) On motion of Commissioner Sabatier, and by vote of the Board, denied Assessment Appeal Application No. 08-2021, Norman Winters Trustee on Timeliness. The motion carried by the following vote:
Ayes- Commissioners: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Commissioner
Clerk’s notes: Assistant Assessor-Recorder Dave Schwenger presented the item to the Board. County Counsel Anita Grant spoke.
8.5Consideration of Stipulation on the following Assessment Appeal Applications: No. 07-2021, Bakhtiara, Deborah Ann (TE),Karl Eric (TE)
Action Item
Motion carried
Carried 4-0 — moved by Simon
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Simon: aye
On motion of Commissioner Simon, and by vote of the Board, approved stipulation on the following Assessment Appeal Applications: No. 07-2021, Bakhtiara, Deborah Ann (TE),Karl Eric (TE). The motion carried by the following vote:
Ayes- Commissioners: 4 - Simon, Sabatier, Pyska, and Crandell
Vacant- District 4 Commissioner
Clerk’s notes: Assistant Assessor-Recorder Dave Schwenger presented the item to the Board.
9. Closed Session
9.1Conference with Legal Counsel: Significant exposure to litigation pursuant to Gov. Code sec. 54956.9 (d)(2) (e)(1) – One potential case
Action Item
9.2Conference with Legal Counsel - Existing Litigation pursuant to Gov. Code sec. 54956.9(d)(1): In re National Prescription Opiate Litigation MDL No. 2804/Case No. 17-MD-2804
Closed Session Item
9.3Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code section 54956.9(d)(1) – City of Clearlake v. County of Lake, et al
Closed Session Item