Board Of Supervisors — Tuesday, February 7, 2023
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1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Consideration of Extra Items Not Appearing on the Posted Agenda
5. Approval of the Consent Agenda
5.1Approve the Continuation of the Proclamation Declaring a Shelter Crisis Urgency Due to the Current Need for Sheltering for Those Experiencing Homelessness during the Weather and Temperature Patterns That the County of Lake has Been Experiencing
Proclamation
passed on consent
Staff memo
Executive Summary
AB 2553 provides guidance to local governing bodies for declaring a shelter crisis. The need for a shelter is crucial to provide respite and safe shelter for those experiencing homelessness. This declaration will only be utilized to help support a temporary shelter. Once an emergency has been declared, the Continuum of Care and Behavioral Health of Lake County will continue to pursue solutions for permanent shelters. The HHAP Round 4 grant application was approved by the Board of Supervisors recently in hopes to obtain funding to provide a permanent shelter in the future. Both groups are dedicated to finding solutions and ensuring that all shelters provide adequate and appropriate services to those in need.
Recommended Action
Approve Continuation of proclamation declaring a shelter crisis urgency.
5.2Approve Continuation of Proclamation of the Existence of a Local Emergency Due to Pervasive Tree Mortality.
Action Item
passed on consent
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
5.3Approve Agreement to Terminate and Release Municipal Lease with Option to Purchase Agreement No. 1995-1 (Instrument No. 95-017576 of Official Records) and Site Lease (Instrument No. 95-017577 of Official Records) between the County of Lake and MPA Leasing Corporation for property located at 15837-18th Avenue, Clearlake, CA and authorize the Chair to sign
Action Item
passed on consent
Staff memo
Executive Summary
On October 26, 2021, your Board executed a Property Exchange Agreement with the State of California involving a land swap with the State-owned Lakeport Armory located at 1431 Hoyt Avenue and the County owned vacant property located at 15837 18th Avenue, Clearlake, CA.
In preparing for the development of the vacant land, the State of California, Department of General Services discovered a Municipal Lease with Option to Purchase Agreement No. 1995-1 and Site Lease listed as exceptions on the Preliminary Report.
The State of California, Department of General Services has requested a Termination Agreement for the instruments listed above to remove these exceptions. The County and MPA Leasing Corporation, Inc. mutually acknowledge and agree that the Site Lease and Agreement have terminated and are no longer applicable to the property located at 15837 18th Avenue, Clearlake, CA.
Recommended Action
Approve Agreement to Terminate and Release Municipal Lease with Option to Purchase Agreement No. 1995-1 (Instrument No. 95-017576 of Official Records) and Site Lease (Instrument No. 95-017577 of Official Records) between the County of Lake and MPA Leasing Corporation for property located at 15837-18th Avenue, Clearlake, CA and authorize the Chair to sign.
5.4Approve Amendment No. 1 to Agreement for Professional Services between County of Lake and Karl A. Sporer, M.D. to extend an additional Sixth Months as Public Health Officer for an Amount not to exceed $6,000 a Month and Authorize Chair to Sign
Action Item
passed on consent
Staff memo
Executive Summary
On September 13, 2022, your Board appointed Karl A. Sporer, M.D. as the Public Health Officer for the County of Lake and approved the Professional Services Contract for an amount not to exceed $6,000 a month with a term ending February 28, 2023.
The County continues its recruiting efforts, however, Staff recommends extending the Professional Services from March 1, 2023 through August 31, 2023.
Recommended Action
Approve Amendment No. 1 to Agreement for Professional Services between County of Lake and Karl A. Sporer, M.D. to extend an additional Sixth Months as Public Health Officer for an Amount not to exceed $6,000 a Month and Authorize Chair to Sign.
5.5Approve Amendment No. 1 to Agreement between the County of Lake and Community Development Services to provide Community Development Block Grant Consulting Services for an additional $50,000 for Activity Delivery, as awarded in Grant #20-CDBG-12081, and authorize the Chair to sign.
Agreement
passed on consent
Staff memo
Executive Summary
On March 15, 2022, your Board awarded a 5-year term agreement to Community Development Services (CDS) to provide general administrative services for the County's Community Development Block Grant (CDBG) Program. This agreement provides services for multiple CDBG grants.
CDBG Grant #20-CDBG-12081 awarded the compensation for services as Administrative Services, and Activity Delivery in the amount of $50,000. CDBG has since combined both Administrative Services and Activity Delivery into one category titled Administrative Services.
The language in section 3. COMPENSATION of the original agreement failed to include the $50,000 Activity Delivery compensation.
Staff proposes to amend section 3. COMPENSATION of the agreement to include the $50,000 Activity Delivery amount awarded in Grant #20-CDBG-12081 as part of the compensation to Community Development Services.
Recommended Action
Approve Amendment No. 1 to Agreement between the County of Lake and Community Development Services to provide Community Development Block Grant Consulting Services for an additional $50,000 for Activity Delivery, as awarded in Grant #20-CDBG-12081, and authorize the Chair to sign.
5.6Sitting as LCAQMD Board of Directors authorize the APCO to sign the FARMER program grant agreements.
Agreement
passed on consent
Staff memo
Executive Summary
The FARMER (Funding Agricultural Reduction Measure for Emissions Reductions) Shared Allocation Pool grant program participation was authorized by this Board on August 9, 2022. After which District staff worked with the agricultural community to find viable projects to apply for this grant program. As a result of this work 7 projects were awarded funding and have have expressed interest in completing the projects. This has resulted in $392,825.80 in grant funding for these projects.
The projects have undergone review and approval by a California Air Resources Board contractor (Placer County AQMD). The projects listed below have been awarded funding by the State and are able to meet all necessary requirements of the grant program within the timeframe for this funding cycle. Authorization to enter into Grant Agreements with the applicants is requested:
Contract #
FARMER 2022-01 - Benjamin Ranching $39,906.73
FARMER 2022-02 - Suenram Ranch $32,729.82
FARMER 2022-03 - Krag $26,557.79
FARMER 2022-04 - Moorhead / Davidson $25,360.00
FARMER 2022-05 - Moorhead / Davidson $11,148.75
FARMER 2022-07 - Strickler $120,980.34
FARMER 2022-09 - Shannon $137,198.02
The above projects are funded with FARMER Year 4 funds and interest earned from FARMER year 3 funds. The agreements will not be signed until funding is received by the District. Funds should be received prior to the Board date.
Recommended Action
The Board of Directors authorize the APCO to sign the FARMER Program Grant Agreements.
5.7(a) Approve Shelter Services Agreement between the County of Lake and the University of California Davis in an amount not to exceed $154,077.25 in connection with the California for All Animals Statewide Animal Shelter Assistance Program and Authorize the Animal Care and Control Director to sign; and (b) Adopt Resolution Amending Resolution No. 2022-118 to Amend the Adopted Budget for FY 2022-2023 by Appropriating Unanticipated Revenues and Add Appropriations in Budget Unit 2711 - Animal Medical Clinic
Resolution
passed on consent
Staff memo
Executive Summary
Lake County Animal Care and Control has applied for and was awarded a $154,077.25 grant through the University of California Davis for funding a veterinarian and Community Cat surgeries. The grant is to assist Lake County Animal Care and Control in paying for a veterinarian salary and getting stray cats fixed and vaccinated in an effort to increase cat live release rates within the County.
Recommended Action
(a) Approve Shelter Services Agreement between the County of Lake and the University of California Davis in an amount not to exceed $154,077.25 in connection with the California for All Animals Statewide Animal Shelter Assistance Program and Authorize the Animal Care and Control Director to sign
(b) Adopt Resolution Amending Resolution No. 2022-118 to Amend the Adopted Budget for FY 2022-2023 by Appropriating Unanticipated Revenues and Add Appropriations in Budget Unit 2711 - Animal Medical Clinic
5.8Approve Board of Supervisors Minutes September 27, 2022, December 20, 2022, January 13, 2023, January 31, 2023
Action Item
passed on consent
5.9Second Reading - Adopt Ordinance Amending Chapter 21, Article 58 and Article 68 of the Lake County Zoning Ordinance Relating to Appeals
Ordinance
passed on consent
Staff memo
Executive Summary
At the September 27, 2022, Board of Supervisors meeting, the Board adopted Resolution 2022-121, Resolution of Intention of the Lake County Board of Supervisors to Initiate an Amendment to the Zoning Ordinance Relating to Appeals. Supervisor Sabatier presented the item, noting delays in past appeal hearings due to submission of documents up to and on the day of the hearing. When an Appellant or Appellant's Representative submits documentation on the day of a hearing, and the deciding body cannot reasonably review the submission during a short break, they typically continue the hearing to a future meeting to allow for review. Requiring documents to be submitted within a reasonable time prior to the meeting would allow the deciding body sufficient time for review prior to the public hearing, avoiding delays through the continuation of the hearing to a future meeting date.
The draft Ordinance would amend Article 58 (Appeals) to add the following requirement to appeal hearings before both the Planning Commission and the Board of Supervisors and to add the following language to Article 68 to define Documentary Evidence.
The following text is recommended for addition as Section 58.27:
"Submission of Documentary Evidence and/or Written Argument. Any party wishing to provide documentary evidence and/or written argument shall submit such documentation to the Clerk of the Planning Commission no later than 96 hours prior to the date and time of the Public Hearing. Documentary evidence and/or written argument submitted after that time shall not be considered by the Planning Commission."
The following text is recommended for addition as Section 58.36:
"Submission of Documentary Evidence and/or Written Argument. Any party wishing to provide documentary evidence and/or written argument shall submit such documentation to the Clerk of the Board of Supervisors no later than 96 hours prior to the date and time of the Public Hearing. Documentary evidence and/or written argument submitted after that time shall not be considered by the Board of Supervisors."
The following text is recommended for addition to Section 68.4(d):
"10. Documentary Evidence - Any document which is offered and admitted as evidence during an Administrative Appeal, Planning Commission Appeal, or a Board of Supervisors Appeal as provided in Article 58 of Chapter 21 of the Lake County Zoning Ordinance."
The draft ordinance was considered by the Planning Commission at their meeting on November 17, 2022. They voted unanimously to recommend approval of the ordinance to the Board of Supervisors.
The Resolution of Intent (RES 2022-121) and the draft ordinance are included as Attachments 1 and 2.
Recommended Action
Adopt Ordinance Amending Chapter 21, Article 58 and Article 68 of the Lake County Zoning Ordinance Relating to Appeals.
5.10Second Reading - Adopt Ordinance Amending Chapter 5, Section 2 of the Lake County Code, Setting Forth Procedures for Expediting Permit Processing for Electric Vehicle Charging Stations, as Required by Government Code Section 65850.7 (AB 1236, 2015, Chiu)
Ordinance
passed on consent
Staff memo
Executive Summary
In 2015, the State of California adopted Assembly Bill 1236 (2015, Chiu, Codified as Government Code Section 65850.7), which requires local jurisdictions with a population less than 200,000 residents to adopt an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations on or before September 30, 2017. The ordinance shall include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review.
This process includes the establishment of a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the County's Zoning Ordinance. Section 65850.7 requires that the County's checklist may be based on the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" of the Governor's Office of Planning and Research.
Assembly Bill 1236 (2015) also clarifies that a jurisdiction shall not condition approval of a permit for an electric vehicle charging station based on the approval of an association as defined in California Civil Code, Section 4080.
Most of the procedures, such as electronic submittal and expedited processing of plans are currently in place and comply with the requirements of the Assembly Bill. Development of the checklist and adoption of the ordinance are the final outstanding items required to bring the County into compliance with AB 1236.
Recommended Action
Adopt Ordinance Amending Chapter 5, Section 2 of the Lake County Code, Setting Forth Procedures for Expediting Permit Processing for Electric Vehicle Charging Stations, as Required by Government Code Section 65850.7 (AB 1236, 2015, Chiu)
5.11Approve 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 Teleconferenced Meetings during a State of Emergency Continue to Exist
5.12Authorize Destruction of Records by the Registrar of Voters office
Action Item
passed on consent
Staff memo
Executive Summary
Government Code section 26202 provides that the Board may authorize the destruction or disposition of any record, paper or document which is more than two years old.
Divisions 15 and 17 of the Elections Code authorizes the elections official the retention and preservation of election records.
The Registrar of Voters office respectfully requests authorization to destroy the specific records attached whose destruction dates are beyond those prescribed by law.
Recommended Action
Approve the destruction of records by the Registrar of Voters office as specified in the attachment.
5.13Approve 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.
5.14Approve Contract between Lake County Health Services and Trina Maia for Physical Therapy Services in support of the California Children’s Services program (CCS) and the Medical Therapy Unit (MTU) for an amount not to exceed $10,000 and authorize the Chair to sign
Action Item
pulled on consent
Motion carried
Carried 5-0 — moved by Sabatier
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
Lake County Health Services and Trina Maia, PT, mutually terminated the contract in September 2022 for 2022-2023 fiscal year because Mrs. Maia moved out of the country. She does periodically return to California and has offered her services as long as we do not have a current Physical Therapy contract and the timing is agreed upon by Lake County Health Services. We are asking your board to approve the contract between Lake County Health Services and Trina Maia for a maximum of $10,000.
To make the currently vacant county position more desirable to applicants, we are increasing the Physical Therapist allocation from three-quarters to a full position at mid-year. Until we are able to hire a full time Physical Therapist, we will be starting the RFP process so we can continue to provide the much needed physical therapy services.
Recommended Action
Approve Contract between Lake County Health Services and Trina Maia for Physical Therapy Services in support of the California Children's Services program (CCS) and the Medical Therapy Unit (MTU) for an amount not to exceed $10,000 and authorize the Chair to sign.
On motion of Supervisor Sabatier, and by vote of the Board, Approved Contract between Lake County Health Services and Trina Maia for Physical Therapy Services in support of the California Children's Services program (CCS) and the Medical Therapy Unit (MTU) for an amount not to exceed $10,000 and authorized the Chair to sign as amended. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: Health Services Director Jonathan Portney presented the item to the Board.
Chair Pyska asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.15Approve Amendment No. 1 between Lake County Health Services and Lake County Office of Education to extend the current contract providing COVID outreach and communication to the Latino population and authorize the Chair to sign
Agreement
passed on consent
Staff memo
Executive Summary
On January 12, 2021, your Board approved an agreement between Lake County Health Services and Lake County Office of Education. By mutual agreement we would like to extend the current agreement to June 30, 2023, so they can continue to provide outreach and communication to the Latino population.
Recommended Action
Approve Amendment No. 1 between Lake County Health Services and Lake County Office of Education to extend the current contract providing COVID outreach and communication to the Latino population and authorize the Chair to sign.
5.16Approve Amendment No. 1 between Lake County Health Services and KNO’QOTI Native Wellness Inc. to extend the current contract providing COVID outreach and communication to the Native American population and authorize the Chair to sign
Agreement
pulled on consent
Motion carried
Carried 5-0 — moved by Sabatier
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
On January 5, 2021, your Board approved an agreement between Lake County Health Services and Lake County Office of Education. By mutual agreement we would like to extend the current agreement to June 30, 2023, so they can continue to provide outreach and communication to the Native American population.
Recommended Action
Approve Amendment No. 1 between Lake County Health Services and KNO'QOTI Native Wellness Inc. to extend the current contract providing COVID outreach and communication to the Native American population and authorize the Chair to sign
On motion of Supervisor Sabatier, and by vote of the Board, Approved Amendment No. 1 between Lake County Health Services and KNO'QOTI Native Wellness Inc. to extend the current contract providing COVID outreach and communication to the Native American population and authorized the Chair to sign. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: Chair Pyska introduced the item to the Board.
Chair Pyska asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.17Approve Accela Subscription Annual License Renewals from March 1, 2023 through February 29, 2024 in the amount of $33,057.85 and authorize the Board Chair to sign.
Report
passed on consent
Staff memo
Executive Summary
On January 17, 2012, your board approved the Decade Software subscription agreement with terms and conditions, including an annual licensing renewal not to exceed a five percent increase per year.
In November of 2014 Accela acquired Decade Software and continued to honor the active agreement with Health Services. Accela is currently the software used by our Environmental Health Division to record all required inspections, permitting systems, and house all data for the division.
The annual license renewal order form provides continued access to all of these services and records for all Environmental Health staff.
Recommended Action
Approve Accela Subscription Annual License Renewals from March 1, 2023 through February 29, 2024 in the amount of $33,057.85 and authorize the Board Chair to sign.
5.18Adopt Resolution Approving Agreement between the County of Lake and the Department of Health Care Services for Medi-Cal Administrative Activities (MAA) and authorize the Director of Health Services to sign.
Agreement
pulled on consent
Motion carried
Carried 5-0 — moved by Sabatier
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
This Participation Agreement between Department of Health Care Services (DHCS) and the County of Lake is to permit the Local Governmental Agency (LGA) to participate in the CMAA program under California's Medi-Cal program.
DHCS decided to change from a contract format to a Participation Agreement. This Participation Agreement will replace the currently approved MAA contract effective July 1, 2019, which your board approved on March 19, 2019.
Recommended Action
Adopt Resolution Approving Agreement between the County of Lake and the Department of Health Care Services for Medi-Cal Administrative Activities (MAA) and authorize the Director of Health Services to sign.
On motion of Supervisor Sabatier, and by vote of the Board, approved Agreement between the County of Lake and the Department of Health Care Services for Medi-Cal Administrative Activities (MAA) and authorized the Director of Health Services to sign. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: County Administrative Officer Susan Parker presented the item to the Board.
Chair Pyska asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.19Approve Continuous Leave for Christina Thomas from 2/25/2023 through 3/19/2023 and Intermittent Leave from 3/20/2023 to 6/30/2023
Action Item
passed on consent
Staff memo
Executive Summary
Christina Thomas has requested a leave of absence that extends beyond Department Leave and County Administrative Officer leave. At this time the Department of Social Services is requesting the Board of Supervisors approve continuous leave from 2/25/2023 through 3/19/2023 and intermittent leave from 3/20/2023 to 6/30/2023. The Department of Social Services requests that the Board authorize the Board of Supervisors Chair to sign the request.
Recommended Action
Approve continuous leave for Christina Thomas from 2/25/2023 through 3/19/2023 and intermittent leave from 3/20/2023 to 6/30/2023
5.20Approve Continuation of an Emergency Declaration for Drought Conditions
Action Item
pulled 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.
5.21Approve 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.
5.22Approve Continuation of a Local Emergency by the Lake County Sheriff/OES Director for the January 2023 Atmospheric River Event
Action Item
passed on consent
Staff memo
Executive Summary
Ratification of the Proclamation of a Local Emergency by the Lake County Sheriff/OES Director for the January 2023 Atmospheric River Event.
Section 6-5 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 or likely to be affected by public calamity. Such a Proclamation shall expire seven days after issuance unless confirmed and ratified by the Lake County Board of Supervisors. On this date, the Lake County Sheriff/OES Director has proclaimed a local emergency for the January 2023 Atmospheric River Event and ratification by the Lake County Board of Supervisors is needed.
Recommended Action
Approve Continuation of Local Emergency by the Lake County Sheriff/OES Director for the January 2023 Atmospheric River Event
5.23Approve Plans and Specifications for the Bartlett Springs Road at Bartlett Creek Bridge Replacement Project; Bid No. 23-02, Federal Project No: BRLO-5914(111)
Action Item
passed on consent
Staff memo
Executive Summary
The Plans and Specifications for the Bartlett Springs Road at Bartlett Creek Bridge Replacement Project are complete and a copy has been filed with the Clerk of the Board.
The construction estimate is approximately $1,917,000.
The California Department of Transportation (Caltrans) provides funds to eligible projects through the Highway Bridge Program (HBP). Therefore, this project is 100% funded for construction with Federal funds.
Note: To minimize reproduction costs, the original documents are attached to the Clerk's copy of the original cover memo and only a copy of this memo is furnished to each individual board member
Recommended Action
Staff recommends that the Board of Supervisors approve the Plans and Specifications and authorize the Public Works Director / Assistant Purchasing Agent to advertise for bids once authorization to proceed with construction phase is received from Caltrans.
5.24(a) Approve Letter of Agreement between the Lake County Sheriff's Office and the Drug Enforcement Administration (DEA) of the United States Department of Justice (DOJ) in the amount of $185,000 for the period October 1, 2022 to September 30, 2023; and (b) authorize Sheriff to sign the Agreement and (c) authorize the Chairperson to sign Workplace Certifications and Grant Assurances
Action Item
passed on consent
Staff memo
Executive Summary
The Sheriff's office requests approval of the Drug Enforcement Administration Marijuana Eradication Agreement for federal fiscal year 2022/23. This agreement is in the amount of $185,000. These funds have been allocated to the Sheriff/Marijuana budget request for Budget Unit 2203 to be used for eradication and suppression efforts.
Recommended Action
(a) Approve Letter of Agreement between the Lake County Sheriff's Office and the Drug Enforcement Administration (DEA) of the United States Department of Justice (DOJ) in the amount of $185,000 for the period October 1, 2022 to September 30, 2023; and (b) authorize Sheriff to sign the Agreement and (c) authorize the Chairperson to sign Workplace Certifications and Grant Assurances
5.25Authorize the Chairperson of the Board of Supervisors to sign the updated Certification of the Governing Body Resolutions for the Office of Emergency Services
Action Item
passed on consent
Staff memo
Executive Summary
The Sheriff's Department requests your Board's approval of the updated Certification of the Governing Body Resolutions authorizing Sheriff Rob Howe as an Authorized Agent.
Recommended Action
Authorize the Chairperson of the Board of Supervisors to sign the updated Certification of the Governing Body Resolutions for the Office of Emergency Services
5.26Approve contract with Guardian RFID for a Safety Check program in the amount of $40,485 and authorize the Chair sign the contract
Action Item
pulled on consent
Staff memo
Executive Summary
On June 7, 2022, the Sheriff's Office sent out a Request for Proposal to five different safety check technology groups. There were just two respondents, Guard 1 and Guardian RFID. A Consultant Selection Board, consisting of Deputy Probation Officer Agustin Perez. Information Systems Analyst Angel Perez, Jail Lt. Jason Findley and Retired Correctional Officer Terry Norton met and reviewed the proposals. After the initial discussion, it was determined to interview both of the respondents. Both systems are similar in nature.
Guardian RFID system is computer based software used in conjunction with mobile handheld devices dedicated to the management of inmates. The system will aid deputies in making randomized safety checks of inmates while providing them with the ability to document on the go with voice to text reporting, photos and videos. Additional features allow supervisors to easily monitor compliance of department expectations and state regulations. The Sheriff's Office is looking to lean into the use of this technology to streamline the functions of staff working inside of the jail, while improving compliance with state regulations.
Guardian RFID has a more robust and user friendly Data Analytics software program. These user friendly features will save staff time as they have to audit and search the system daily for compliance. The analytic data is a required feature as the jail is regularly audited by the Board of State and Community Corrections for compliance with state regulations. The Consultant Selection Board is recommending Guardian RFID be awarded the contract.
Funding in the amount of $40,000 is currently budgeted in the Sheriff/Jail budget 2301/62.74. Additional funds are being requested during the mid-year budget update to complete this purchase.
Recommended Action
Approve contract with Guardian RFID for a Safety Check program in the amount of $40,485 and authorize the Chair sign the contract.
| Amount Budgeted | 40,000 |
|---|
5.27(a) Approve the bid award to Dell Technologies for the purchase of 2 servers and (b) award bid to Motorola for migration services not to exceed a total of $55,000 and (c) authorize the Sheriff or his designee to sign the purchase orders.
Action Item
passed on consent
Staff memo
Executive Summary
The Lake County Sheriff's Office Body Worn Camera (BWC) and in car camera (4RE) WatchGuard video storage server is nearing end of life, requiring replacement. The system does not have a back-up server and the data storage needs to be increased based upon the anticipation of additional camera systems in the future. All video taken by the Lake County Sheriff's Office during the performance of official duties is considered public information and is releasable, in certain circumstance under California Public Records laws (6250 et al). Additionally the majority of the stored video is evidentiary and required to be stored and retained per evidence laws, made available to the Lake County District Attorney's Office for prosecution purposes and provided to defense counsel per discovery rules. If the stored video is lost due to server failure and lack of a proper back-up, the Lake County Sheriff's Office will be unable to release the lost video(s), jeopardizing the transparency of the Sheriff's Office and rights of Lake County citizens under PRA law. It would also hinder the prosecution of criminal acts and prevent a defendant from receiving a fair and effective defense.
The Department discussed two possible solutions to the WatchGuard video storage system. The current end of life server can be replaced with increased storage capacity and a back-up server can be purchased and installed or we could migrate to a cloud based server operated by WatchGuard. The migration to the cloud based WatchGuard system would alleviate the need for a back-up server. Due to the cost of migrating to a cloud based server, it was determined that replacing the server and adding a backup would be the most cost effective method of securing this data.
This is the recommended server and vendor for this purchase. The quote is made on the
NASPO competitively bid contract and is being purchased directly from Dell. Dell has applied a
75% discount from list price on these servers. This request has been reviewed and approved
by our Information Technology Director Shane French. The Motorola migration costs are a sole
source. Motorola purchased Watchguard and they are the only vendor able to access our data.
Recommended Action
(a) Approve the bid award to Dell Technologies for the purchase of 2 servers and (b) award bid to Motorola for migration services not to exceed a total of $55,000 and (c) authorize the Sheriff or his designee to sign the purchase orders.
| Estimated Cost | 52,000 |
|---|---|
| Amount Budgeted | 58,000 |
5.28(a) Waive the Competitive Bidding Pursuant to Section 38.2 due to the Unique Nature of Service; and, b) Approve Memorandum of Understanding Between Social Services and Behavioral Health Services for CalWORKs Mental Health and Substance Abuse Services in an Amount That Shall Not Exceed the California Department of Social Services (CDSS) Allocation, from July 1, 2022 to June 30, 2024, and Authorize the Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
For many years, Lake County Social Services has contracted with Lake County Behavioral Health Services (LCBHS) to provide Mental Health and Substance Abuse services to CalWORKs Welfare-to-Work clients. California Department of Social Services (CDSS) provides a yearly allocation specific to these services as part of CalWORKs Single Allocation funds. The MOU compensation language is purposely kept vague, as allocation funding varies by year, and often is not announced until mid-Fiscal Year. Funding for fiscal year 2022-2023 is a total of $443,086. While flexibility of funding allows for nontraditional or innovative services through alternative providers, services shall be provided primarily through the local mental health department. The State requires DSS and BHS to work jointly in providing services. As described in the CDSS Manual of Policy & Procedures 42-716.31: The County Welfare Department (CWD) shall provide, in conjunction with the county alcohol and drug program or a state licensed or certified nonprofit agency under contract with the county alcohol and drug program, substance abuse treatment services which shall include evaluation, treatment, employment counseling, provision of community service jobs, or other appropriate services. Therefore, the departments request to waive the competitive bidding process using the exemption described in Section 38.2(2) of the County Purchasing Ordinance #3109.
Services provided to clients who are identified and referred by Employment Services may include, but are not limited to, individual and/or group mental health counseling, substance abuse counseling, tele psych therapy, and residential treatment as determined appropriate by LCBHS.
The long-standing relationship and continued collaboration between the two County departments ensures clients receive quality services to overcome their barriers in order to achieve their goal of self-sufficiency.
Recommended Action
a) Waive the competitive bidding pursuant to section 38.2 due to the unique nature of service; and, b) Approve Memorandum of Understanding between Social Services and Behavioral Health Services for CalWORKs Mental Health and Substance Abuse Services in an amount that shall not exceed the California Department of Social Services (CDSS) Allocation, from July 1, 2022 to June 30, 2024, and authorize the Chair to sign.
| Estimated Cost | 443,086 |
|---|---|
| Amount Budgeted | 443,086 |
5.29Approve the Distribution of Excess Proceeds in the amount of $430,996.14 from Tax Defaulted Land Sale #158 held on January 29, 2021 (per R&T § 4675).
Report
passed on consent
Motion carried · 3 motions
Carried 5-0 — moved by Crandell
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Carried 5-0 — moved by Sabatier
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Carried 5-0 — moved by Sabatier
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
The following claims for excess proceeds are pending from the sales of tax defaulted property #158 held on January 29, 2021. The claims have been reviewed, found sufficient and are presented herewith for your consideration and disposition.
Recommended Action
Staff recommends that payment in the amount indicated be made to the named claimants.
On motion of Supervisor Crandell, and by vote of the Board, approved consent agenda items 5.1 through 5.29 with the exception of items 5.14, 5.20, and 5.26 which were pulled for further discussion. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
On motion of Supervisor Sabatier, and by vote of the Board, moved to reopen the consent agenda. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
On motion of Supervisor Sabatier, and by vote of the Board, approved consent agenda items 5.1 through 5.29 with the exception of items 5.14, 5.16, and 5.18. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
6. Timed Items
6.19:06 A.M. - Public Input
Clerk’s notes: Public Members Elaine Brown and Roberta Lee spoke.
6.29:10 AM - PUBLIC HEARING - a) Consideration of Adoption of Resolution of Formation Declaring Results of Majority Protest Proceedings and Renewing the Lake County Tourism Improvement District; and b) Consideration of Adoption of 2024 – 2033 Lake County Tourism Improvement District Management Plan
Public Hearing
Motion carried
Carried 5-0 — moved by Sabatier
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
On January 24, 2023, your Board held a public meeting to allow public testimony on the renewal of the Lake County Tourism Improvement District (LCTID) and levy of assessments. During this final public hearing, the Clerk to the Board of Supervisors will declare the results of the majority protest proceedings.
If written protests are received from the owners of businesses in the renewed LCTID which will pay more than fifty percent (50%) of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Board.
Petition Status: Petitions in favor of LCTID renewal were submitted by 44 lodging businesses, which represent 50.88% of the total LCTID assessment.
If the Board, following the public hearing, decides to establish the renewed LCTID, the Board shall adopt a resolution of formation. After which, your Board will adopt the 2024-2033 Lake County Tourism District Management Plan that the LCTID Board amended on December 7, 2022 with the two and one half percent (2.5%) assessment rate.
BACKGROUND
The LCTID is a benefit assessment district proposed to continue a revenue source to help fund marketing and sales promotion efforts for Lake County lodging businesses. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses. The renewed LCTID includes all lodging businesses, existing and in the future, located within the boundaries of the cities of Lakeport and Clearlake (cities), and the unincorporated areas of Lake County (County).
Lodging business owners decided to pursue renewal of the LCTID in order to continue a revenue source devoted to marketing Lake County as a tourist, meeting and event destination. If renewed, the LCTID would generate approximately $386,000 on an annual basis for promotion of travel and tourism specific to Lake County.
TOURISM IMPROVEMENT DISTRICTS
Tourism Improvement Districts (TIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the TID fund the TID, and those funds are used to provide services that are desired by and benefit the lodging businesses within the TID.
TID benefits:
> Funds cannot be diverted for other government programs;
> They are customized to fit the needs of each destination;
> They allow for a wide range of services; including: destination marketing, tourism promotion, and sales lead generation;
> They are designed, created and governed by those who will pay the assessment; and
> They provide a stable funding source for tourism promotion.
In California, TIDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of a special benefit assessment districts to raise funds within a specific geographic area. The key difference between TIDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TID.
MANAGEMENT DISTRICT PLAN
The initial Management District Plan dated September 8, 2022, included a proposed assessment rate of three percent (3%). However, during the petition drive lodging business owners indicated a greater level of support for an assessment rate of two and one-half of one percent (2.5%). The 94 law allows for the proposed assessment to be revised only by reducing, and only at the final hearing, so the attached Management District Plan dated December 7, 2022, has been revised to reduce the proposed assessment rate to two and one-half of one percent (2.5%).
The Management District Plan dated December 7, 2022 (Attachment 1) includes the proposed boundary of the LCTID, a service plan and budget and a proposed means of governance. The LCTID will include all lodging businesses, existing and in the future, located within the boundaries of the cities of Lakeport and Clearlake (cities), and the unincorporated areas of Lake County (County).
The annual assessment rate is two and one half percent (2.5%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any federal or state officer or employee when on official business; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and stays at a campsite in a unit of the state park system or any facility operated by a local government entity. During the ten (10) year term, the assessment rate may be increased annually by the LCTID Owners' Association upon approval from the Board of Supervisors by a maximum of one half of one percent (0.5%) of gross room rental revenue per year. The total assessment rate may not exceed five percent (5%). The assessment rate may also be decreased, but shall not drop below the initial assessment rate of two and one half percent (2.5%). Any proposed assessment rate increase or decrease approved by the Owners' Association shall be included in the annual report, and shall not be effective until approved by the Board of Supervisors.
The LCTID will have a ten (10) year life, beginning January 1, 2024, or as soon as possible thereafter, and end ten (10) years from its start date. Once per year beginning on the anniversary of LCTID renewal there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the LCTID.
The County and cities will be responsible for collecting the assessment on a monthly or quarterly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the LCTID. The County and cities shall take all reasonable efforts to collect the assessments from each lodging business. The County and cities shall be paid a fee equal to two percent (2%) of the amount of assessment collected to cover its costs of collection and administration.
LCTID RENEWAL PROCESS
December 13, 2022 RESOLUTION OF INTENTION HEARING (COMPLETED)
Upon the submission of a written petition, signed by the business owners in the renewed LCTID who will pay more than fifty percent (50%) of the assessments proposed to be levied, the Board of Supervisors may initiate proceedings to renew a district by the adoption of a resolution expressing its intention to renew a district.
Petition Status: Petitions in favor of LCTID renewal were submitted by 44 lodging businesses, which represent 50.88% of the total LCTID assessment. This majority petition allows the Board to initiate proceedings for LCTID renewal at the December 13, 2022 meeting.
December 14, 2022 NOTICE (COMPLETED)
The 94 Law requires the County to mail written notice to the owners of all businesses proposed to be within the LCTID. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest LCTID renewal.
December 20, 2022 RESOLUTION REQUESTING CONSENT (COMPLETED)
Upon adoption of the Resolution of Intention, the Board of Supervisors must request consent from all jurisdictions to be included in the renewed LCTID. Consent must be received from the jurisdictions prior to the final public hearing for their jurisdiction to be included in the renewed LCTID.
January 2023 RESOLUTIONS GRANTING CONSENT (COMPLETED)
Upon adoption of the Resolution Granting Consent, the County can move forward with the LCTID renewal process, and shall include the cities of Lakeport and Clearlake in the LCTID.
January 24, 2023 PUBLIC MEETING (COMPLETED)
Allow public testimony on the renewal of the LCTID and levy of assessments. No Board action required.
February 7, 2023 FINAL PUBLIC HEARING
If written protests are received from the owners of businesses in the renewed LCTID which will pay more than fifty percent (50%) of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Board.
If the Board, following the public hearing, decides to establish the renewed LCTID, the Board shall adopt a resolution of formation.
Recommended Action
a) Adopt Resolution of Formation declaring results of majority protest proceedings and renewing the Lake County Tourism Improvement District and b) Adopt 2024 - 2033 Lake County Tourism Improvement District Management Plan.
Supervisor Sabatier offered the resolution and it passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
On motion of Supervisor Sabatier, and by vote of the Board, moved to approve 2024 to 2033 Lake County Tourism Improvement District Management Plan. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: Executive Director of Visit Lake County Brian Fisher presented the item to the Board. Civitas Representative Emily Brown spoke.
Chair Pyska asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.39:15 A.M. - Lake County Health Services Public Health Update
Action Item
Staff memo
Executive Summary
On a bi-monthly basis, Lake County Health Services Director Jonathan Portney, requests an opportunity to update your Board and the public on matters pertaining to health, safety, and well-being of our community.
Alternate Public Health leaders may provide Public Health updates contingent upon public awareness need.
Recommended Action
No action, report only
Presentation Only.
Clerk’s notes: Dr. Karl Sporer introduced the item to the Board. Director of Nursing Philip Wagner presented the item to the Board.
Chair Pyska asked if anyone present wished to speak. No one wished to speak and the public input portion of this item
6.49:30 A.M. - Presentation of Report on the Road Map Task Force 2022 Activities
Report
Staff memo
Executive Summary
Lake County Sheriff's Office (LCSO) and Lake County Community Development Department, Code Enforcement Division (CDD) will provide the Board with a statistical report on the activities of the Road Map Task Force in the Clearlake Oaks area.
History:
The Road Map Task Force is a pilot program approved by the Lake County Board of Supervisors on August 31, 2021, with a budget of approximately $800,000. The purpose of the pilot program is to revitalize and secure the Clearlake Oaks neighborhoods, by identifying and maximizing available resources throughout the pilot area to reduce crime and blight, promote public safety, and enhance community beautification to increase the quality-of-life for Lake County residents, business owners, visitors, and students. On April 26, 2022, The Lake County Board of Supervisors gave approval that the Road Map Task Force may move forward to finalize the revitalization goals for the community of Clearlake Oaks.
Report:
CDD will provide a power point presentation; and LCSO will provide a separate power point presentation.
Statistics:
Lake County Sheriff's Office (LCSO)
From January 1, 2022 to December 31, 2022, the LCSO contacted and/or investigated over 200 properties. The following statistics have been provided by the LCSO for this period:
* Total cases 189
* Arrests 94
* Search warrants written 52
* Firearms seized 44
* Fentanyl seized 671.2 grams (1.5 pounds)
* Methamphetamine seized 2,934.6 grams (6.5 pounds)
* Ketamine seized 12 pounds, 5.8 ounces
* Heroin seized 61 grams
* Processed marijuana bud 11,071 pounds
* Marijuana plants eradicated/destroyed 37,889
* Dollar amount seized through asset forfeiture 114,073
* Vehicles seized through asset forfeiture 2 -Ford Raptor (KBB $75,000)
Toyota Tacoma (KBB $50,000)
Community Development Department - Code Enforcement Division
From January 1, 2022 to December 1, 2022, CDD is reporting the following statistics:
* Total cases setup 211
* Closed cases 121
* Open cases with notices 68
* Open cases in process 22
* Abatements 3 - (in process)
* Demolition(s) 1 - (voluntary)
Recommended Action
No action is required. CDD Staff anticipates as the pilot program continues, the Board and the Clearlake Oaks community will see more desired results. Staff welcomes any feedback, suggestions, direction from the Board in moving forward with the operations in the Clearlake Oaks, Road Map Task Force area.
Clerk’s notes: Community Development Director Mireya Turner pulled the item and continued it to the February 28, 2023 Board of Supervisors Meeting.
6.510:00 A.M. - Consideration of (a) Resolution Amending Resolution No. 2022-118 to Amend the FY 2022-23 Adopted Budget by Adjusting Reserves, Fund Balance Carry Over, Revenues, and Appropriations; and (b) Resolution Amending Resolution 2022-119 to Amend the Position Allocations for FY 2022-23 to Conform to the Mid-year Budget Adjustments
Action Item
Staff memo
Executive Summary
Staff has completed a collaborative mid-year review of the FY 2022-23 budget and associated staffing levels. The resulting recommendations are reflected in attachments hereto.
The mid-year budget resolution makes necessary adjustments to selected budget units to continue funding County operations through the remainder of the fiscal year. The attached Mid-Year Budget Highlights narrative provides an overview and brief summary of the status of the County's FY 2022-23 Budget at the mid-year point, as well as describing the details of the requested budget adjustments.
County Department Heads and their fiscal staff continue to monitor expenditures closely and provide the necessary information for your Board to make budget decisions. We greatly appreciate the assistance of the Department Heads and their staff in preparing this report and presenting the recommendations herein for your Board's consideration.
Recommended Action
Staff recommends your Board (a) Adopt Resolution Amending Resolution No. 2022-118 to Amend the FY 2022-23 Adopted Budget by Adjusting Reserves, Fund Balance Carry Over, Revenues, and Appropriations; and (b) Adopt Resolution Amending Resolution 2022-119 to Amend the Position Allocations for FY 2022-23 to Conform to the Mid-year Budget Adjustments.
Clerk’s notes: This item was pulled and continued to the February 28, 2023 Board of Supervisors Meeting.
6.611:45 A.M. - Lake County Health Services Tobacco Education and Prevention Program Update
Action Item
Staff memo
Executive Summary
Liberty Francis, Health Programs Coordinator for the Tobacco Education and Prevention Program will present to your Board, the health impacts of tobacco us in our county. Topics will include:
1. Tobacco Retail License Draft requested from 12/17/2019 Board presentation
California Flavored Tobacco Ban, Senate Bill 793 (with potential support Greg Damron, Blue Zones Lake County)
Tobacco Product Waste
Product Placement and advertising support documents provided by (NorCal4health - JoAnn Saccato/ Amber Wier
2. Smoke- And Tobacco-Free Outdoor Areas Model Ordinance
County parks and County buildings and workplaces
3. Smoke-Free Multi-Unit Housing
Dian Kiser, Ph.D.
Health and Social Policy Institute / Communities Addressing Nicotine
4. Questions and comment
Supported by all presenters including Jay McCubbery, Ph.D. Tobacco Free North Coast
Recommended Action
No action, report only
There was Board Consensus to bring back a Tobacco Retail Ordinance.
Clerk’s notes: Health Services Program Support Specialist Liberty Francis presented the item to the Board. Greg Damron, Joanne Saccato, Dian Kiser, Jay McCubbery, Amber Wier, and Community Development Director Mireya Turner spoke.
Chair Pyska asked if anyone present wished to speak and the following people spoke via Zoom: Jay Martinez and Bart Levenson. The following person present in the Board of Supervisors Chambers spoke: Ana Santana. No one else wished to speak and the public input portion of this item was closed.
6.71:15 P.M. - Presentation and Discussion Regarding Clear Lake Hitch and Other Fish Species, by Fred Feyrer, United States Geological Survey (USGS)
Action Item
Staff memo
Executive Summary
The U.S. Geological Survey, California Water Science Center, has been monitoring the Clear Lake Hitch population since 2017. Funding for the work has been provided by the U.S. Fish and Wildlife Service. Clear Lake Hitch abundance has declined 96% between 2017 and 2022.
There is evidence in the data that other fishes in Clear Lake are also in decline. Declines in abundance are associated with poor recruitment of juvenile fish into the populations. Causes of the poor recruitment are unknown but likely involve a combination of factors occurring within streams and within Clear Lake.
Fred Feyrer will be presenting on the scientific findings of work conducted by USGS in Clear Lake regarding the Clear Lake Hitch population levels.
In this presentation there will be discussion on the decline of the Clear Lake Hitch as well as other fish species, both native and invasive throughout Clear Lake & its tributaries.
Recommended Action
Presentation Only.
Presentation Only.
Clerk’s notes: Water Resources Director Scott DeLeon introduced the item to the Board. United States Geological Surveys Representative Fred Feyrer presented a PowerPoint Presentation to the Board.
Chair Pyska asked if anyone present wished to speak and the following people present in the Board of Supervisors Chambers spoke: Sarah Ryan, Broc Zoller, Michael Wagner, Chris McCloud, Elaine Brown, Rebecca Harper, Patricia Franklin. The following people spoke via Zoom: Angela Amal, Phil Moy, Fred Briones, Laurie Monserrat, Meg Townsend, and Haji Warf. No one else wished to speak and the public input portion of this item was closed.
6.81:30 P.M. - (Continued from January 10, 2023 and January 24, 2023) Consideration of Draft Proclamation declaring a Clear Lake Hitch Emergency
Proclamation
Motion carried
Carried 5-0 — moved by Green
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
The Clear Lake hitch, or chi, is a native fish species whose rapid population decline has been accelerated by the statewide drought emergency, competing water demands, legacy environmental impacts, predation by non-native fish, and many other complex factors. While the chi was listed as "threatened" in 2014 under the California Endangered Species Act, that listing and subsequent state, federal and local actions have not been sufficient to protect the fishery.
On Jan. 24, 2023, your board heard extensive written and oral testimony regarding the status of the Clear Lake hitch, along with concerns about some emergency actions proposed in recent weeks by native sovereign nations within Lake County, government agencies and commissions. Because that discussion spanned nearly five hours, covering multiple subjects, consideration of a draft emergency proclamation was continued by board consensus to the Feb. 7 board meeting. An updated draft incorporating feedback from multiple agencies and interested parties is attached for discussion purposes and possible action, along with the original draft version from Jan. 24. Another draft resolution, which removed all of the requests or "asks" found in the original draft, was circulated for discussion but is not presented here because it is not a preferred option.
Several attachments are included with this memo to provide background information, including all of the multimedia slides presented at the Jan. 24 meeting. The hearing is viewable on the county's digital channels, including YouTube: https://www.youtube.com/watch?v=Si7xIiWgE2c. No presentations are scheduled today, but some of the Jan. 24 presenters are planning to attend and may be available to answer questions. Additional public input is expected and encouraged.
Background
In April 2022, a stipulated agreement was filed in U.S. District Court, Northern District of California, which settled litigation filed in 2021 by the Center for Biological Diversity ("Center"), an environmental advocacy organization, against the U.S. Fish and Wildlife Service ("USFWS"). Under the terms of that settlement, USFWS agreed to reconsider its 2020 decision that listing the Clear Lake hitch as "endangered" was not warranted at that time. However, because USFWS is not expected to complete its review before January 2025, and given the dire picture painted by population data, concerns about the short-term viability of the species persist.
Following presentations to the California Fish and Game Commission by representatives of several native sovereign nations within Lake County, in November 2022 the commission's president sent a letter to the USFWS director requesting the Clear Lake hitch be listed as "endangered" on an emergency basis. This request was expanded upon in a December 2022 letter sent by four native sovereign nations and the Center. While USFWS has not yet acted on the emergency listing requests, state and federal chi recovery efforts have accelerated rapidly:
? On Dec. 8, 2022, an emergency summit was convened at Big Valley Rancheria through the cooperative efforts of native sovereign nations, the California Department of Fish and Wildlife, and state, federal and local agencies.
? On Jan. 13, 2023, the county received a letter from the California Department of Fish and Wildlife requesting the county to take certain emergency actions.
? On Jan. 19, the California Fish and Game Commission sent a letter expressing support for the Lake County Watershed Protection District's participation in hitch recovery efforts. Among other requests, the commission asked the district to manage spring flows in Adobe Creek and to "formally acknowledge the emergency status of the Clear Lake hitch."
? On Jan. 25, the Blue Ribbon Commission for the Rehabilitation of Clear Lake sent a letter to Gov. Newsom and other state and federal officials expressing its support for emergency efforts to save the Clear Lake hitch, including emergency listing under the federal Endangered Species Act, and offering to provide neutral, third-party facilitation services.
? The State Water Resources Control Board has conducted several virtual and in-person "listening sessions" in Lake County, most recently on Feb. 1, as it weighs whether hitch-protective voluntary actions and/or emergency regulations are needed this year.
Certainly, it is encouraging to see new focus being applied to long-term chi recovery efforts, but it is concerning that no coordinated, short-term plan exists for the critical 2023 spawning season. While it is reasonable to expect that several chi-beneficial action items will come before your board in future weeks and months, the scope, purpose and total cost of those items is unknown. Further, the county is not able to instantly analyze or respond to the agency requests received, nor has the county identified resources to plan, fund and execute rapid-response chi activities.
Accordingly, the emergency proclamation before your board today does not pretend to address, much less answer, questions that have been raised regarding the roles and responsibilities of the County of Lake and the many departments, agencies and commissions that the county oversees. Rather, it attempts to provide broad direction to sister governmental agencies and other parties without committing them, or the county itself, to any specific plan, project or course of action. Most, if not all, of the proposed board requests have been vetted in consultation with agency representatives to ensure they are reasonable, actionable and limited in scope and purpose.
Emergency proclamations can be useful tools to draw attention and funding to important issues. The co-sponsors understand that the draft proclamation(s) presented today will be subject to discussion, debate and possible amendment by members of the board following public input. Whatever the outcome of that debate, we wish to thank everyone who contributed their ideas.
Purchasing Considerations (check all that apply): ? Not applicable
? Fully Article X.- and/or Consultant Selection Policy-Compliant (describe process undertaken in "Executive Summary")
? Section 2-38 Exemption from Competitive Bidding (rationale in "Executive Summary," attach documentation, as needed)
? Other (Please describe in Executive Summary)
? Well-being of Residents ? Public Safety ? Disaster Prevention, Preparedness, Recovery
? Economic Development ? Infrastructure ? County Workforce
? Community Collaboration ? Business Process Efficiency ? Clear Lake
Recommended Action
a) Approve proclamation declaring a Clear Lake hitch emergency, as presented today with preferred, consensus language incorporating ideas and feedback from multiple sources, or
b) Approve proclamation declaring a Clear Lake hitch emergency, as presented originally with only minor modifications, or
c) Approve proclamation declaring a Clear Lake hitch emergency, as may be amended following public input and board discussion, or
d) Postpone consideration to a future date, or
e) Take no action
| Additional Requested | $100,000 |
|---|
On motion of Supervisor Green, and by vote of the Board, approved Proclamation declaring a Clear Lake Hitch Emergency as presented with preferred consensus language as presented by County Counsel. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: Supervisor Green presented the item to the Board. County Counsel Anita Grant spoke.
Chair Pyska asked if anyone present wished to speak and the following people present in the Board of Supervisors Chambers spoke: Chris McCloud, Felipe La Luz, Rebecca Harper, Alicia Cosianos, Ron Zoller, Joanne Saccato, Joseph Webber, Robert Gerry, Sherry Treppa, Jonathan Walters, Michael Wagner, Justin Fedrickson, Sarah Ryan, Pat Scully, Daniella Santana, Jennine Fifer, Toni Scully, Sharron Zoller, and Will Wiess. The following people spoke via Zoom: Sarah Mussulman, Haji Warf, Kelly Anderson, Angela Amal, Laurie Monserrat, Meg Townsend, and Fred Briones. 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 Discussion and Action regarding Short Term Administrative Support for the Monthly Risk Reduction Authority (RRA) Meeting
Action Item
Motion carried
Carried 4-1 — moved by Simon
Crandell: aye Pyska: aye Sabatier: nay Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: nay Scott: aye Simon: aye
Staff memo
Executive Summary
The Lake County Community Risk Reduction Authority Joint Powers Agreement (RRA) was originally created in 2018. The RRA was formed to support the entire Lake County community through the effective use of the authority of local governments, implement programs offering low-or no-cost risk reduction resources to the public, the development of funding to implement and maintain such programs.
North Coast Opportunities (NCO) has been supporting the administrative functions of the Lake County Community Risk Reduction Authority. Beginning this month, NCO will no longer be available
Recommended Action
Direction to staff.
On motion of Supervisor Simon, and by vote of the Board, approved short term support from the Administration Office for the Risk Reduction. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Scott, Pyska and Crandell
Nays- Supervisor: 1 - Sabatier
Clerk’s notes: County Administrative Officer Susan Parker presented the item to the Board. County Counsel Anita Grant spoke.
Chair Pyska asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.3Consideration and Discussion Involving the Recruitment Process for Filling the Vacancy Created by the County Counsel’s Retirement Announcement
Action Item
Staff memo
Executive Summary
On January 25, 2023, your Board received County Counsel Anita Grant's intention to retire on March 24, 2023 after 31 years in the County Counsel's Office, 17 years of which she served as County Counsel. Staff proposes the following two options for your Board's consideration.
Options:
1. Promotional only recruitment - 5 day recruitment used to establish an eligibility list in which qualification for application is limited to current permanent and extra help employees in county service.
2. Open recruitment - 10 day recruitment which is a competitive process used to establish an eligibility list in which any qualified applicant may participate.
Recommended Action
Approve _______________ recruitment and direct staff to proceed.
There was Board consensus to Open Recruitment for the County Counsel position for 10 days.
Clerk’s notes: County Administrative Officer Susan Parker presented the item to the Board. Human Resources Director Pam Samac and County Counsel Anita Grant spoke.
Chair Pyska 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 the Behavioral Health Services Director to Sign the Drug Medi-Cal Organized Delivery System Regional Model Implementation Plan and Submission to the Department of Health Care Services.
Resolution
Staff memo
Executive Summary
On April 26, 2022, the Lake County Behavioral Health Services Department presented to the Board of Supervisors on the Drug Medi-Cal Organized Delivery System. The Board voted to join the Regional Model of the Organized Delivery System, currently in place with Partnership Healthplan of California. After months of work, Lake County Behavioral Health Services presents the implementation plan for these services, with an anticipated effective date, if approved, of July 1, 2023.
Recommended Action
Adopt Resolution to effectuate Lake County Behavioral Health Services' Regional Model Organized Delivery System Implementation Plan and Authorize the Behavioral Health Director to sign and submit the plan to the Department of Health Care Services for approval.
Supervisor Crandell offered the resolution and it passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: Behavioral Health Director Todd Metcalf presented the item to the Board. Deputy Behavioral Health Director Elise Jones and Deputy Behavioral Health Director April Giambra spoke.
Chair Pyska asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.5(a) Consideration of Presentation on Lake County Opioid Settlement Funds by Lake County Behavioral Health and Health Services Departments, (b) Approval to use a portion of funds towards the match for the Behavioral Health Continuum Infrastructure Program Round 6 and (c) Board and public feedback regarding proposed uses for funding.
Report
Motion carried
Carried 4-1 — moved by Simon
Crandell: aye Green: aye Pyska: aye Sabatier: nay Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: nay Simon: aye
Staff memo
Executive Summary
On July 21, 2021, a $26 billion offer to settle was made by opioid manufacturer Janssen Pharmaceuticals and the "big three" distributers: McKesson, AmerisourceBergen, and Cardinal Health. California will receive approximately $2.05 billion of this settlement over the next 18 years. The majority of this money is to be used for opioid abatement activities. Pursuant to Government Code, Title 2, Division 3, Part 2, Chapter 6, Article 2, Section 12534, the Opioid Settlements Fund (OSF) was created in the State Treasury. Funds from J&D settlement agreements and funds received from any other future judgments ?or settlements allocated to the state for state opioid remediation, shall be deposited into the OSF. Lake County received $897,310.78. Lake County will establish an advisory subcommittee through Health Service's SafeRx program and the SafeRx Coalition.
Recommended Action
Approve portion of Opioid Settlement Funds for use as contribution to BHCIP match for Lake County Behavioral Health Services and authorize Lake County Health Service's SafeRx program to establish a subcommittee to make recommendations regarding use of remaining funding.
a) Presentation Only.
b) On motion of Supervisor Simon, and by vote of the Board, Approved portion of Opioid Settlement Funds for use as contribution to BHCIP match for Lake County Behavioral Health Services and authorized Lake County Health Service’s SafeRx program to establish a subcommittee to make recommendations regarding use of remaining funding. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Crandell, Green, and Pyska
Nays- Supervisor: 1 - Sabatier
Clerk’s notes: Deputy Behavioral Health Director Elise Jones presented a PowerPoint Presentation to the Board. Deputy Behavioral Health Director April Giambra, Behavioral Health Fiscal Manager Christine Andrus, Deputy Public Health Director Kim Tangerman, and Assistant County Administrative Officer Stephen Carter spoke.
Chair Pyska 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 the following Advisory Board Appointment:
Appointment
Motion carried · 4 motions
Carried 5-0 — moved by Sabatier
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Carried 5-0 — moved by Crandell
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Carried 5-0 — moved by Sabatier
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Carried 5-0 — moved by Simon
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
Child Care Planning and Development Council: Seven (6) vacancies - one (1) Consumer, two (2) Public Agency, two (1) Community Representative, one (1) Discretionary Appointee, and one (1) Child Care Provider
Samantha Bond - Reappointment (Public Agency)
Emergency Medical Care Committee: Fifteen (15) vacancies - two (2) Hospitals - Sutter-Lakeside & Redbud Hospitals, one (1) Community College District, four (4) Consumer Interested Group, two (2) ER Affiliated-Medical Care Coordinator, one (1) EMT Representatives, four (4) Fire Departments, and one (1) Paramedic Representative
Jen Baker
Jean Muller
Law Library Board of Trustees: One (1) vacancy - one (1) Public Member
Dennis Fordham
Maternal, Child and Adolescent Health (MCAH) Advisory Board: Six (6) Vacancies - General Membership
Samantha Bond - Reappointment
Middletown Area Town Hall
Monica Rosenthal - Reappointment (Middletown Proper Seat #1)
Julia Bono - Alternate (General Membership)
William Waite - Alternate (General Membership)
Recommended Action
Appoint qualified applicants to the specified advisory board.
On motion of Supervisor Sabatier, and by vote of the Board, appointed Samantha Bond to the Child Care Planning and Development Council. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
There was Board consensus to continue the Emergency Medical Care Committee appointments to a future date.
On motion of Supervisor Crandell, and by vote of the Board, appointed Dennis Fordham to the Law Library Board of Trustees. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
On motion of Supervisor Sabatier, and by vote of the Board, appointed Samantha Bond to Maternal Child and Adolescent Health Committee. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
On motion of Supervisor Simon, and by vote of the Board, appointed Monica Rosenthal and William Waite to the Middletown Area Town Hall. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: Chair Pyska introduced the item to the Board.
Chair Pyska asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.7(a) Consideration of Creation of Section 19 of the “Board of Supervisors, County of Lake, CA, Policies and Procedures Manual,” and; b) Consideration of Approval of Section 19.1 Acceptable Use Policy
Action Item
Motion carried
Carried 4-1 — moved by Sabatier
Crandell: aye Green: nay Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: nay Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
The County of Lake does not currently have a formalized Acceptable Use Policy in place. Currently, new employees are asked to sign the 'Rules and Regulations for Internet and Email Use' document. This document is limited in scope and lacks some of the requirements and details typically found in an Acceptable use Policy.
The purpose of this policy is to clearly communicate what actions and activities are, and are not, appropriate for employees and contractors using County Information Systems.
I am recommending your Board authorize the creation of a new policy manual section (Section 19) that will contain this and future Information Technology related policies.
Additionally, I am recommending that your Board approve the attached Acceptable Use Policy as Section 19.1.
Recommended Action
By motion, authorize creation of Section 19 of the "Board of Supervisors, County of Lake, CA, Policies and Procedures Manual."
By motion, approve Section 19.1 Acceptable Use Policy.
On motion of Supervisor Sabatier, and by vote of the Board, approved Creation of Section 19 of the "Board of Supervisors, County of Lake, CA, Policies and Procedures Manual," and; b) Consideration of Approval of Section 19.1 Acceptable Use Policy as amended. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Crandell, and Pyska
Nays- Supervisor: 1 - Green
Clerk’s notes: Information Technology Director Shane French presented the item to the Board. County Counsel Anita Grant spoke.
Chair Pyska asked if anyone present wished to speak and the following person spoke via Zoom: Betsy Cawn. No one else wished to speak and the public input portion of this item was closed.
7.8Consideration of Update on Lake County Recreation Center Efforts
Presentation
Staff memo
Executive Summary
On September 20, 2022, your Board received a presentation summarizing the results of a study exploring the feasibility of developing a public recreation center and/or swimming pool in Lake County. The study was the product of a multi-year effort between the County, the City of Clearlake, and the City of Lakeport, and included public input, site selection, program development, conceptual design, capital and operating cost estimates, organizational management options, and partnership opportunities. Both the interim and final feasibility studies are included as attachments to this staff report. After receiving the presentation your Board directed staff to continue participation for future project development and to further investigate a joint powers authority (JPA).
On October 19, 2022, representatives from the County and the two cities met to receive a presentation from consultants with similar JPA expertise, namely Jones Hall Law and NHA Municipal Advisors. The slides from that presentation are included as an attachment to this staff report. The consensus of the meeting was to move the concept forward with a JPA for a countywide recreation agency and also to conduct preliminary polling to gather more refined data about public support for the idea. A draft joint powers agreement is currently under review by the three jurisdictions, and a polling strategy is in development.
Recreation facilities of the sort envisioned by the feasibility study will require significant capital and operational financing. Potential funding mechanisms above and beyond direct facility use revenue include jurisdiction contributions, other partnering agency contributions, state and federal requests, grants, donations, and joint use agreements. It is likely that a funding gap will exist even after a successful campaign to generate funding from the previously mentioned sources. One apparent method to fill the funding gap would be for the JPA, if approved, to form a countywide Mello-Roos community facilities district (CFD) and place a ballot measure for voter approval of a special tax that could pay for debt service on authorized bonds and operation costs associated with the recreation facilities.
Similar presentations were given by city staff to Lakeport and Clearlake city councils last week. Consideration of the JPA by your Board and the two city councils is tentatively planned for the end of February.
Recommended Action
Update only; direction to staff
Direction was given to staff to bring back an item to create a recreation JPA.
Clerk’s notes: Public Services Director Lars Ewing presented the item to the Board.
Chair Pyska asked if anyone present wished to speak and the following person spoke via Zoom: Mr. Pettus. No one else wished to speak and the public input portion.
7.9Consideration of Agreement between the County of Lake and the California State Franchise Tax Board; and authorize the Treasurer-Tax Collector to sign.
Agreement
Motion carried
Carried 5-0 — moved by Green
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
The Lake County Tax Collector is charged with collecting court ordered fines. This agreement allows the Tax Collector Department to refer delinquent accounts to the State of California, Franchise Tax Board (FTB) for collection.
There would be no additional up-front cost for the County. The FTB would collect a fee, not to exceed 15% of any amount collected, only on accounts we are unable to collect on and are referred. The 15% fee is referenced in Revenue and Taxation Code section 19282 (a) & (b).
The Treasurer-Tax Collector requests authorization to use court ordered debt collection services provided by the California Franchise Tax Board through January 31, 2026 in accordance with the attached Agreement number 54919.
Our office was provided this Agreement in a State of California "Standard Agreement" format. The Agreement does not have Lake County's standard signature lines for County Counsel or Clerk of the Board. County Counsel, Anita Grant, has reviewed and approved the Agreement. The Agreement format only contains a signature line for "Lake County Tax Collector".
Staff recommends approval of the agreement and authorization for the Treasurer-Tax Collector to sign.
Recommended Action
Approve Agreement between the County of Lake and the California State Franchise Tax Board; and authorize the Treasurer-Tax Collector to sign.
On motion of Supervisor Green, and by vote of the Board, approved Agreement between the County of Lake and the California State Franchise Tax Board and authorized the Treasurer-Tax Collector to sign. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Green, Pyska, and Crandell
Clerk’s notes: Treasurer-Tax Collector Patrick Sullivan presented the item to the Board.
Chair Pyska asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8. Closed Session
8.1Public Employee Evaluation:
Title: Child Support Services
Closed Session Item
Clerk’s notes: This item was pulled and continued to a future date.
8.2Public Employee Evaluation:
Title: Animal Control
Closed Session Item
Clerk’s notes: This item was pulled and continued to a future date.