Board Of Supervisors — Tuesday, August 22, 2023
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Thank you for your interest in this meeting.
1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Consideration of Extra Items Not Appearing on the Posted Agenda
4.1a) Consideration of “extra” agenda item; and b) Consideration of Regional Resilience Planning Grant Application
Action Item
Motion carried · 2 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
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
(a) This item is being submitted as an "extra" agenda item. The justification for this request to consider an item not on the posted agenda is as follows:
The Community Development Department intends to apply for $650,000 to Governor's Office of Planning and Research to fund the updates of our Safety and Housing Elements.
The Community Development Department has requested a special item on the agenda due to the deadline of August 29th, 2023 to apply for the Regional Resiliency Planning and Implementation Grant. The next available Board of Supervisors Meeting is scheduled as a Special Meeting on August 29th, 2023, which may or may not take place. If this item is not approved before august 29th, 2023, the Community Development Department will miss the opportunity to apply.
This item came to my attention subsequent to the posting of the current agenda and there is a need to take action before the next agenda.
(b) Updating the safety and housing elements of Lake County's general plan will play a pivotal role in advancing the county's long-term climate resiliency efforts. The updated safety element will incorporate climate data and risk assessments to prioritize safety measures, disaster preparedness, and emergency response strategies, ensuring the county is better equipped to handle climate-related hazards. The updated housing element will prioritize climate-resilient housing and infrastructure, promoting energy-efficient and sustainable designs while ensuring access to affordable and safe housing options for vulnerable communities. Community engagement will be emphasized to address specific challenges and foster social equity. Aligning the general plan with regional and state climate resiliency plans will foster a coordinated approach. Access to funding opportunities and partnerships will further support Lake County's efforts in building a resilient and sustainable future in the face of climate change. These comprehensive updates will safeguard lives, protect property, and contribute to a thriving community resilient to climate challenges.
There is no match requirement for this grant.
Recommended Action
(a) I request that the Board take action by motion to accept this item for consideration as an "extra" agenda item.
(b) approve the RRPG application and authorize CDD Director to submit the application
a) On motion of Supervisor Sabatier, due to the timing of the posting of the agenda and the need to finalize the grant prior to 8-29, moved to approve the extra item on the agenda. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
b) On motion Sabatier, and by vote of the Board, approved RRPG Application and Authorized the Community Development Director to submit the application. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: a) Assistant County Administrative Officer Stephen Carter introduced the item to the Board. Community Development Director Mireya Turner 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.
b) Community Development Director Mireya Turner introduced the item to the Board. Deputy Community Development Director Shannon Walker Smith 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. Approval of the Consent Agenda
5.1Approve Concession Agreement for Coffee Kiosk Services by and between the County of Lake and MIX Lakeport, LLC in the amount of $200 per month 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
The lease for the previous vendor at the Courthouse Coffee Kiosk ended June 30, 2023. After receiving notice of non-renewal from the vendor in April 2023, Requests for Proposals (RFP) for Coffee and Retail Food Services in the Lake County Courthouse were sent out May 12, 2023. MIX Lakeport, which currently operates a highly successful business in Lakeport was identified as the winning bidder.
MIX Lakeport's proposal includes an expanded menu with coffee, tea and meal replacement drinks, as well as breakfast options. The business owner has arranged with the previous vendor to purchase the existing kiosk set up. As with previous contracts, the rent is $200 per month and the agreement includes a provision of water, electrical, and wastewater service by the County.
Recommended Action
Approve Concession Agreement for Coffee Kiosk Services by and between the County of Lake and MIX Lakeport, LLC in the amount of $200 per month and authorize the Chair to sign.
On motion of Supervisor Sabatier, and by vote of the Board, approved Concession Agreement for Coffee Kiosk Services by and between the County of Lake and MIX Lakeport, LLC in the amount of $200 per month 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: Supervisor Sabatier introduced the item to the Board. Assistant County Administrative Officer Stephen Carter presented the item to the Board. County Counsel Lloyd Guintivano and MIX owner Josh Hourtal 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.
5.2(a) Approve Partnership Agreement between the County of Lake, the Lake County Risk Reduction Authority Joint Powers Authority (RRA), and the Lake County Resource Conservation District (RCD) for the Planning for an Equitable Climate Safe Lake Project, and authorize Chair to sign; (b) Approve Grant Agreement between the County of Lake and the Governor’s Office of Planning and Research for work performed under the Adaptation Planning Grant Program, and authorize County Administrative Officer or Designee to act as grant signatories; (c) Approve Agreement between the County of Lake and the RRA for Services under the Adaptation Planning Grant Program not to exceed $52,083 and authorize the Chair to sign; and (d) Approve Agreement between the County of Lake and the RCD for Services under the Adaptation Planning Grant Program not to exceed $161,183 and authorize the Chair to sign
Agreement
pulled on consent
Motion carried · 4 motions
Carried 4-1 — moved by Simon
Crandell: aye Green: nay Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: nay Pyska: aye Sabatier: aye Simon: aye
Carried 4-1 — moved by Simon
Crandell: aye Green: nay Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: nay Pyska: aye Sabatier: aye Simon: aye
Carried 4-1 — moved by Simon
Crandell: aye Green: nay Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: nay Pyska: aye Sabatier: aye Simon: aye
Carried 4-1 — moved by Simon
Crandell: aye Green: nay Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: nay Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
In March 2023, the submission of an Adaptation Planning Grant Program application to the Governor's Office of Planning and Research (OPR) with the County of Lake as lead applicant was approved by your Board. The grant application was successfully awarded pending submission of a signed Partnership Agreement between the County of Lake and the Lake County Risk Reduction Authority JPA (RRA) and the Lake County Resource Conservation District (RCD), including the Lake County FireSafe Council and subcontractors of the RCD.
Before OPR will execute the Grant Agreement, the executed Partnership Agreement must be submitted. The pending grant award is in the amount of $649,350.00 and will be used to fund:
� Funding for a County-wide Climate Adaptation Plan and Emergency Evacuation Route Plan
� Funding administrative support for the Chief Climate Resiliency Officer and the RRA
� Funding to support the work of the RRA and the Lake County Fire Safe Council
Attached for your consideration is the requested Partnership Agreement between the County of Lake, the Lake County Risk Reduction Authority Joint Powers Authority (RRA), and the Lake County Resource Conservation District (RCD), Grant Agreement with CAO as signatory, Agreement between the County and the Lake County Risk Reduction Authority Joint Powers Authority (RRA) and Agreement between the County and the Lake County Resource Conservation District (RCD).
Recommended Action
(a) Approve Partnership Agreement between the County of Lake, the Lake County Risk Reduction Authority Joint Powers Authority (RRA), and the Lake County Resource Conservation District (RCD) for the Planning for an Equitable Climate Safe Lake Project, and authorize Chair to sign;
(b) Approve Grant Agreement between the County of Lake and the Governor's Office of Planning and Research for work performed under the Adaptation Planning Grant Program, and authorize County Administrative Officer or Designee to act as grant signatories;
(c) Approve Agreement between the County of Lake and the RRA for Services under the Adaptation Planning Grant Program not to exceed $52,083 and authorize the Chair to sign;
(d) Approve Agreement between the County of Lake and the RCD for Services under the Adaptation Planning Grant Program not to exceed $161,183 and authorize the Chair to sign.
a) On motion of Supervisor Simon, and by vote of the Board, Approved Partnership Agreement between the County of Lake, the Lake County Risk Reduction Authority Joint Powers Authority (RRA), and the Lake County Resource Conservation District (RCD) for the Planning for an Equitable Climate Safe Lake Project, and authorized Chair to sign. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Crandell, and Pyska
Nays- Supervisor: 1 - Green
b) On motion of Supervisor Simon, and by vote of the Board, Approved Grant Agreement between the County of Lake and the Governor’s Office of Planning and Research for work performed under the Adaptation Planning Grant Program, and authorized County Administrative Officer or Designee to act as grant signatories. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Crandell, and Pyska
Nays- Supervisor: 1 - Green
c) On motion of Supervisor Simon, and by vote of the Board, Approved Agreement between the County of Lake and the RRA for Services under the Adaptation Planning Grant Program not to exceed $52,083 and authorized the Chair to sign. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Crandell, and Pyska
Nays- Supervisor: 1 - Green
d) On motion of Supervisor Simon, and by vote of the Board, Approved Agreement between the County of Lake and the RCD for Services under the Adaptation Planning Grant Program not to exceed $161,183 and authorized the Chair to sign. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Crandell, and Pyska
Nays- Supervisor: 1 - Green
Clerk’s notes: Supervisor Simon introduced the item to the Board. Chief Climate Resiliency Officer Terre Logsdon presented the item to the Board. County Counsel Lloyd Guintivano spoke.
5.3(a) Approve the Purchase of an Animal Control Box in the amount of $30,776.15 and (b) authorize the Animal Care and Control Director or his designee to issue a Purchase Order
Action Item
pulled on consent
Staff memo
Executive Summary
Animal Care and Control was granted an extraordinary request for $45,000 that was allocated into the Animal Care and Control budget 2703, object code 62.74 for the capital asset purchase of a replacement Animal Control Box.
Animal Care and Control is scheduled to get a replacement truck this fiscal year for one of its aging trucks. The current box scheduled to be placed on the new truck is beyond life expectancy and requires constant maintenance. It is no longer cost efficient to maintain this box. Six vendors were contacted with two being non-responsive and two no longer making boxes.
Two bids were received for the Animal Control Box. Diamond Truck Body was the low bidder in the amount $38,184.85. This bid includes the box itself and the installation of the box.
Please approve the purchase of these items and authorize the Animal Care and Control Director or his designee to issue a purchase order.
Recommended Action
The Animal Care and Control Department recommends (a) approval of the Purchase of the Animal Control Box from Diamond Truck Body in the amount of $38,184.85 and (b) authorize the Animal Care and Control Director or his designee to issue a Purchase Order.
| Estimated Cost | $38,184.85 |
|---|---|
| Amount Budgeted | $45,000 |
Clerk’s notes: This item was pulled and continued to a future date.
5.4Adopt Resolution Authorizing the Standard Agreement Between the County of Lake and the Department of Health Care Services for Drug Medi-Cal Services for the Period of July 1, 2023 through June 30, 2027 and Authorizing the Behavioral Health Director to Sign the Standard Agreement and the Contractor Certification Clause.
Resolution
pulled on consent
Staff memo
Executive Summary
Lake County Behavioral Health Services acts as the County Drug Medi-Cal plan, acting as a direct service provider and pass-through for Medicaid and Medicare reimbursable Substance Use Disorder Treatment Services. This agreement reflects a renewal of our contract with the Department of Health Care Services for Drug Medi-Cal. The previous agreement spanned July 1, 2020 through June 30, 2023. The present agreement will span from July 1, 2023 through June 30, 2027 and represents $133,800,000 worth of services that may be provided and reimbursed during this time, or $33,450,000 per year. This represents a $7,835,000 increase per year from the previous performance agreement. This increase is due to CalAIM payment reform and resulting increased rates for services.
Recommended Action
Adopt Resolution Authorizing the Standard Agreement Between the County of Lake and the Department of Health Care Services for Drug Medi-Cal Services for the Period of July 1, 2023 through June 30, 2027 and Authorizing the Behavioral Health Director to Sign the Standard Agreement and the Contractor Certification Clause.
Clerk’s notes: This item was pulled and continued to a future date.
5.5Approve Agreement Between County of Lake and Community Behavioral Health for Specialty Mental Health Services for Fiscal Years 2023-24, 2024-25, and 2025-26 in the amount of $600,000.00 and Authorize the Board Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
Lake County Behavioral Health Services went out to bid for Telepsychiatry and/or Locum Tenens services in April 2023. The Request for Proposals closed in May and the Department received eight (8) proposals for review. LCBHS convened a panel to review the proposals consisting of staff from the Probation, Social Services, and County Admin. Departments. This contract represents the only Agreement resulting from the RFP. This contract will help us expand the provision of in-person psychiatry services.
The Department wishes to remain silent on funding for FY 2024-25 and 2025-26, as that will ensure maximum flexibility to build services as needed. Services provided through this contract are fully Medicaid and MediCare reimbursable.
Recommended Action
Approve Agreement Between County of Lake and Community Behavioral Health for Specialty Mental Health Services for Fiscal Years 2023-24, 2024-25, and 2025-26 in the amount of $600,000.00 and Authorize the Board Chair to Sign.
| Estimated Cost | $600,000 |
|---|---|
| Amount Budgeted | $600,000 |
5.6Approve 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.
5.7Approve Continuation of Proclamation declaring a Clear Lake Hitch Emergency
Proclamation
passed on consent
Staff memo
Executive Summary
This Proclamation was adopted February 7, 2023.
Recommended Action
Approve Continuation of Proclamation declaring a Clear Lake Hitch Emergency
| Additional Requested | $100,000 |
|---|
5.8Approve 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
5.9Approve 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.
5.10Approve 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
5.11Approve Continuation of Proclamation of the Existence of a Local Emergency Due to Low Elevation Snow and Extreme Cold
Action Item
passed on consent
Staff memo
Executive Summary
Please see attached proclamation.
Recommended Action
Approve Continuation of Proclamation of the Existence of a Local Emergency Due to Low Elevation Snow and Extreme Cold
5.12Approve Board of Supervisors Minutes for August 15, 2023
Minutes
passed on consent
5.13Approve Amendment One to Engagement Letter for Investigative Services Between the County of Lake and Van Dermyden Makus Law Corporation
Agreement
passed on consent
Staff memo
Executive Summary
On April 24, 2023, your Board approved the Engagement Letter for Investigative Services between the County of Lake and Van Dermyden Makus Law Corporation to perform an impartial personnel investigation with costs not to exceed $25,000. Based on the costs incurred to date, Van Dermyden Makus Law Corporation anticipates that the total costs of the investigation may reach $65,000, so the amendment proposes to increase the cap of investigation costs not to exceed $65,000.
This agreement is exempt from competitive bidding procedures pursuant to Lake County Code Section 2-39.2 and Section 1.C.2 of the County's Consultant Selection Policy.
Recommended Action
Approve Amendment One to Engagement Letter for Investigative Services Between the
County of Lake and Van Dermyden Makus Law Corporation, and Authorize the Chair to
Sign, conditioned on the Van Dermyden Makus Law Corporation's Execution of Said
Amendment Document.
5.14(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 $320,000.00 to Giuffre Bros. Cranes, Inc. for the purchase of a Manitex 1970C Crane Truck.
Action Item
passed on consent
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
The adopted FY 23/24 budget for Lake County Sanitation- SE Regional includes a Capital Asset appropriation for a 19-Ton Boom Truck.
The current Boom Truck at the Southeast Facility, SD47 was purchased in 2009 and has reached the end of its useful life and needs to be replaced. The Boom truck is a critical piece of equipment for the Southeast fleet. The boom truck is used for repairs to the multiple lift stations by lifting and moving motors and pumps.
Staff has reached out to three vendors for quotes with a description of the equipment needed. The range of quotes was $284,183.60 to $352,189.75. It was determined that Giuffre Bros. Cranes, Inc. submitted the lowest quote, and their product is in conformity with the South East Treatment Plant's needs.
Staff respectfully requests your Board approve the purchase order for the Manitex 1970C Crane Truck from Giuffre Bros. Cranes, Inc.
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 $320,000.00 to Giuffre Bros. Cranes, Inc. for the purchase of a Manitex 1970C Crane Truck.
| Estimated Cost | $284,183.60 |
|---|---|
| Amount Budgeted | $320,000.00 |
| Additional Requested | 0 |
| Future Annual Cost | 0 |
5.15(a) Waive the Competitive Bid Process per Section 2-38.4, Cooperative Purchases, of the County Code and (b) Approve Purchase Orders for the Purchase of three (3) vehicles for Special Districts and authorize the Special Districts Administrator/Assistant Purchasing Agent to sign the PO's
Action Item
passed on consent
Staff memo
Executive Summary
The current FY budget provides for a vehicle to replace RSD01 (a 2007 Ford Ranger with over 183,000 miles) which has become too costly to maintain. This will be for one of our Connection Technicians. The budget also provides for a replacement to RSD02 (a 2000 Ford Expedition with over 104,000 miles) which is un-repairable. This replacement will be assigned to the Special Districts Administration office. Additionally, the budget provides for the purchase of a new utility truck for our Northwest area to replace RSD32 (a 2006 Ford F350 Super Duty with over 173,000 miles) which is no longer repairable.
The proposed replacements were all quoted through the State contract (cooperative purchases) to Central Garage. Quotes for the proposed vehicles are attached for review
Recommended Action
(a) Waive the Competitive Bid Process per Section 2-38.4, Cooperative Purchases, of the County Code and (b) Approve Purchase Orders for the Purchase of three (3) vehicles for Special Districts and authorize the Special Districts Administrator/Assistant Purchasing Agent to sign the PO's
5.16Sitting as the Board of Directors for the Lake County Watershed Protection District a) Approve the Purchase and Sale Agreement with Christine Reck for Property within the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project and b) authorize the Chair of the Board of Directors to sign the Purchase and Sale Agreement
Action Item
passed on consent
Staff memo
Executive Summary
Our consultant Monument Inc. has reached an agreement for the purchase of a property known as Assessor's Parcel Number 201-010-050 owned by Christine Reck. The purchase of this property will be a step closer toward the development of the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project.
The purchase of parcel 201-010-050 totals $23,900.00 and is being completed using grant funds provided by the State of California, Department of Water Resources, and the Flood Corridor Program following the provisions required by the Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970.
The appraisal was prepared by a third party hired by our consultant, Monument Inc., with review and approval by the State of California, Department of Water Resources Real Estate Division. The Purchase and Sale Agreement are attached for your review and approval.
Recommended Action
Sitting as the Board of Directors for the Lake County Watershed Protection District a) Approve the Purchase and Sale Agreement with Christine Reck for Property within the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project and b) authorize the Chair of the Board of Directors to sign the Agreement.
| Estimated Cost | 23,900.00 |
|---|
5.17Sitting as the Board of Directors for the Lake County Watershed Protection District a)Approve the Purchase and Sale Agreement with Gregory Michael Narvaez for Properties within the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project and b) authorize the Chair of the Board of Directors to sign the Purchase and Sale Agreement
Agreement
passed on consent
Staff memo
Executive Summary
Our consultant Monument Inc. has reached an agreement for the purchase of a portion of properties known as Assessor's Parcel Numbers 003-055-09 & 004-013-02 owned by Gregory Michael Narvaez. The purchase of these properties will be a step closer toward the development of the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project.
The purchase of parcels 003-055-09 & 004-013-02 totals $531,400.00 and is being completed using grant funds provided by the State of California, Department of Water Resources, and the Flood Corridor Program following the provisions required by the Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970.
The appraisal was prepared by a third party hired by our consultant, Monument Inc., with review and approval by the State of California, Department of Water Resources Real Estate Division. The Purchase and Sale Agreement is attached for your review and approval.
Recommended Action
Sitting as the Board of Directors for the Lake County Watershed Protection District a) Approve the Purchase and Sale Agreement with Gregory Michael Narvaez for Properties within the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project and b) authorize the Chair of the Board of Directors to sign the Agreement.
| Estimated Cost | $531,400.00 |
|---|
5.18Sitting as the Board of Directors for the Lake County Watershed Protection District a) Approve Purchase and Sale Agreement with Linda Ruth Chandler for Property within the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project and authorize the Chair of the Board of Directors to sign the Purchase and Sale Agreement and B) Approve the Well House Easement Deed and authorize the Chair of the Board of Directors to sign the Well House Easement Deed
Action Item
passed on consent
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
Our consultant Monument Inc. has reached an agreement for the purchase of property known as Assessor's Parcel Number 201-010-02 owned by Linda Ruth Chandler. The purchase of this property will be a step closer toward the development of the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project.
The purchase of parcel 201-010-02 totals $152,600.00 and is being completed using grant funds provided by the State of California, Department of Water Resources, and the Flood Corridor Program following the provisions required by the Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970.
The appraisal was prepared by a third party hired by our consultant, Monument Inc., with review and approval by the State of California, Department of Water Resources Real Estate Division. The Purchase Agreement is attached for your review and approval.
Included in the purchase of parcel 201-010-02 is an easement to the existing well on the parcel. County Counsel has reviewed and approved the Well House Easement Deed, which will allow Linda Ruth Chandler access to the well house once the County has purchased the parcel. The County Surveyor has also approved the plans along with the California Department of Water Resources.
Recommended Action
Sitting as the Board of Directors for the Lake County Watershed Protection District a) Approve Purchase and Sale Agreement with Linda Ruth Chandler for Property within the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project and authorize the Chair of the Board of Directors to sign the Purchase and Sale Agreement and B) Approve the Well House Easement Deed and authorize the Chair of the Board of Directors to sign the Well House Easement Deed
| Estimated Cost | 152,600.00 |
|---|
On motion of Supervisor Green, and by vote of the Board, approved consent agenda items 5.1 through 5.18 with the exception of items 5.1, 5.2, 5.3, and 5.4 which were pulled for further discussion. 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
Motion carried · 2 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 Sabatier
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
On motion of Supervisor Sabatier, and by vote of the Board, moved to reopen public input. 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 public input. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: Public Members Joan Moss, Yvonne Cox, Mindy Vaughn, Dianne Liviarie, and Bart Levenson spoke.
6.29:07 A.M. - Pet of the Week
Presentation
Presentation Only.
Clerk’s notes: Animal Care and Control Officer Sadie Egan presented the pet of the week 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.
6.39:08 A.M. - New and Noteworthy at the Library
Action Item
Presentation Only.
Clerk’s notes: County Librarian Christopher Veach 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.
6.49:15 A.M. - a) Consideration of Letter Requesting California Department of Public Health Reconsider State Approval of Any Positive Change’s Application to Provide Syringe Services in Lake County; and b) Discussion of other options in response to letter and direction to staff
Action Item
Staff memo
Executive Summary
On August 3, 2023, California Department of Public Health (CDPH) made Lake County aware that they had approved Any Positive Change as a state permitted Syringe Service in Lake County. As you are aware, Any Positive Change is already a Lake County approved program that provides a Syringe Exchange Program (SEP). Since 2008, Lake County passed a resolution approving of Any Positive Change providing infectious disease control measures through their SEP. On November 2, 2021 the resolution was amended which included a request for Public Health Services to work with Any Positive Change on an MOU to describe roles and responsibilities, so as to provide accountability for the program. This has not come back to the Board of Supervisors, though the public has provided many comments on their concerns for the program.
Local Law Enforcement and the Public Health Officer of Lake County responded during the consultation period. However, their concerns and remarks were ignored or entirely rejected. In addition, the general public was not made aware of this public comment period either, leaving all who have commented during our Board of Supervisor meetings unable to express themselves on the potential state licensing of Any Positive Change.
A) A letter was drafted requesting CDPH reconsider their approval of Any Positive Change and ensure meaningful consultation or allow the county to continue with the MOU process that had been started.
B) Provide other options and direction to staff in regards on how best to respond to the approval letter received on August 3, 2023.
Recommended Action
A) Approve Letter Requesting CDPH Reconsider Approval of SEP B) Direct staff to any other actions regarding the response to the August 3rd letter from CDPH.
a) No action taken.
b) Direction was given to staff to meet with the California Department of Public Health.
Clerk’s notes: Supervisors Sabatier and Crandell presented the item to the Board. Sheriff Rob Howe, Behavioral Health Director Elise Jones, and Health Services Director Jonathan Portney spoke.
Chair Pyska asked if anyone present wished to speak and the following people present in the Board of Supervisors Chambers spoke: Lakeport Police Chief Brad Rasmussen, Clearlake City Manager Alan Flora, Clearlake Police Chief Tim Hobbs, Greg Bianchinni, and Joan Moss. The following people spoke via Zoom: Dr. Rayan Aava, Gillian Parrillo, and Angela Amaral. 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
7.2a) Consideration of delegation to NACo; and b) Consideration of delegation to North Coast Opportunities
Action Item
Motion carried · 2 motions
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
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
A) NACo - Bruno Sabatier - Primary (Voting Delegate) - Jessica Pyska - Alternate (Alternate Voting Delegate)
The National Association of Counties (NACo) strengthens America's counties, serving nearly 40,000 county elected officials and 3.6 million county employees. Founded in 1935, NACo unites county officials to: advocate county priorities in federal policymaking, promote exemplary county policies and practices, nurture leadership skills and expand knowledge networks, optimize county and taxpayer resources and cost savings, and enrich the public's understanding of county government.
B) North Coast Opportunities - Jessica Pyska (Delegate)
North Coast Opportunities, Inc. (NCO) is a Community Action Agency that primarily serves the populations in Lake and Mendocino Counties. In addition, we have a few programs that provide specific services in Humboldt, Sonoma, Del Norte, Napa and Solano Counties. NCO was established in 1968 as part of President Johnson's War on Poverty, with the mission of assisting low-income and disadvantaged people to become self-reliant. NCO employs approximately 250 people, has an annual budget of approximately $33 million, and has successfully managed major grants from federal, state, and foundation funders.
Recommended Action
A) Approve Supervisor Sabatier as Delegate and Supervisor Pyska as Alternate to the NACo Board; and B) Approve Supervisor Pyska as Delegate to the NCO Board as the Lake County Representative
On motion of Supervisor Green, and by vote of the Board, approved Supervisor Sabatier as delegate and Supervisor Pyska as alternate delegates to NACo. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
On motion of Supervisor Green, and by vote of the Board, approved Supervisor Pyska as delegate to North Coast Opportunities Board of Directors as the Lake County Representative. 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. 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.
7.3Consideration of Appointment to the Buckingham Park Water District Board
Appointment
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
Due to the resignation of Shannon Maurer, Director from the Buckingham Park Water District Board on May 25th 2023 whose term expires December 2024, and because the vacancy was not filled by the district within 60 days, pursuant to Government Code Section 1780(f)(l), the appointment must be made by the Lake County Board of Supervisors. The appointee will serve through December 2024. The outcome of the November 2024 General Election will determine the next Director, as a 4-year unexpired term expiring December 2028.
Buckingham Park Water District, Board of Directors
Application received: John Maurer (New applicant)
Recommended Action
Appoint qualified applicant to the Buckingham Park Water District, Board of Directors.
On motion of Supervisor Green, and by vote of the Board, appointed John Maurer as the qualified applicant to the Buckingham Park Water District Board of Directors. 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.
7.4a) Consideration of Approval to Revision to (a) Personnel Rule 1503- Sick Leave; and b) Consideration of Approval to Revision to Personnel Rule 1504- Bereavement Leave; and c) Consideration of Approval to Revision to 14. Family and Medical Leave and California Family Rights Act; and d) Consideration of Approval to New Pregnancy Disability Leave Policy.
Action Item
Motion carried · 4 motions
Carried 4-1 — moved by Green
Crandell: aye Green: aye Pyska: aye Sabatier: nay Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: nay Simon: aye
Carried 4-1 — moved by Green
Crandell: aye Green: aye Pyska: aye Sabatier: nay Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: nay Simon: aye
Carried 4-1 — moved by Green
Crandell: aye Green: aye Pyska: aye Sabatier: nay Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: nay Simon: aye
Carried 4-1 — moved by Green
Crandell: aye Green: aye Pyska: aye Sabatier: nay Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: nay Simon: aye
Staff memo
Executive Summary
Due to 2023 changes in California law, the County has the obligation to update applicable policies to conform to California law.
Human Resources has updated and created new policies to use County wide. The policies have been re-written to be employee friendly and easily understood. The policies include:
* Personnel Rule 1503 - Sick Leave (update)
* Personnel Rule 1504 - Bereavement Leave (update)
* 14. Family and Medical Leave and California Family Rights Act (update)
* Pregnancy Disability Leave Policy (New Policy)
The major changes to the policies are described below.
Personnel Rule 1503 - Sick Leve Policy
* Extended Family Members for Kin Care - "designated person"
o Designated person is defined as "a person identified by the employee at the time the employee requests paid sick days". Employees may select one "designated person" per a 12-month period.
* Extra Help employees added to sick leave policy
o Leave accrues 1 hour for every 30 hours worked, excluding overtime.
o Extra Help employee sick leave is capped at 48 hours.
o Not subject to cash out or pay out upon termination.
Personnel Rule 1504 - Bereavement Leave
* Unpaid Bereavement Leave under California Family Rights Act- 5 days unpaid
o Covered employees include permanent and extra help
* Paid Bereavement Leave under County policy - 24 hours paid or 40 hours paid due to travel over 500 miles
o Covered employees are permanent employees. Paid Bereavement Leave does not cover extra help employees
* Removed language that Bereavement leave must be used within 7 days. Per law, bereavement leave is not subject to accrual, can be used intermittently or on a continuous basis, and must be used within 3 months of the family member's death.
14. Family and Medical Leave and California Family Rights Act
* Type of family members covered under CFRA expanded to include parent-in-law and "designated person".
o "Designated person" is any individual related by blood OR whose association with the employee is equivalent to a family relationship.
* Under CFRA- Child Bonding requests, eliminate the limitation on parents working for the same employer. If both parents work for the same employer, parents do not have to split the 12 weeks of leave, each parent is entitled to 12 weeks of leave.
* All employees who take CFRA leave have the same reinstatement rights; the employer's highest-paid employee's exemption was eliminated.
Pregnancy Disability Leave
* New County policy
* HR created a stand-alone Pregnancy Disability Leave policy, since employees that do not qualify for FMLA/CFRA may still qualify for Pregnancy Disability (PDL) Leave.
* If employees qualify for FMLA and PDL, both will run concurrently
Since these changes are required by law, Meet and Confer is not required. However, Human Resources will send the proposed policies to all bargaining units.
Recommended Action
(a) Approve Revision to Personnel Rule 1503- Sick Leave; (b) Approve Revision to Personnel Rule 1504- Bereavement Leave; (c) Approve Revision to 14. Family and Medical Leave and California Family Rights Act; (d) Approve New Pregnancy Disability Leave Policy.
a) On motion of Supervisor Green, and by vote of the Board, approved the Revision of Personnel Rule 1503- Sick Leave. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Crandell, Green, and Pyska
Nays- Supervisor: 1 - Sabatier
b) On motion of Supervisor Green, and by vote of the Board, approved the revision to Personnel Rule 1504- Bereavement Leave. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Crandell, Green, and Pyska
Nays- Supervisor: 1 - Sabatier
c) On motion of Supervisor Green, and by vote of the Board, approved the revision to 14. Family and Medical Leave and California Family Rights Act. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Crandell, Green, and Pyska
Nays- Supervisor: 1 - Sabatier
d) On motion of Supervisor Green, and by vote of the Board, approved the New Pregnancy Disability Leave Policy. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Crandell, Green, and Pyska
Nays- Supervisor: 1 - Sabatier
Clerk’s notes: Human Resources Director Pam Samac introduced the item to the Board. Deputy Human Resources Director Diana Rico presented the item to the Board. County Counsel Lloyd Guintivano 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.
8. Closed Session
8.1Conference with Legal Counsel: Significant Exposure to Litigation pursuant to Gov. Code section 54956.9(d)(2), (e)(1) – One potential case
Closed Session Item
Clerk’s notes: This item was pulled from the agenda.