Board Of Supervisors — Tuesday, November 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
5.1Adopt Proclamation Designating the Month of November 2023 as National Native American Heritage Month
Proclamation
passed on consent
Staff memo
Executive Summary
WHEREAS, Lake County has been home to people for greater than 12,000 years, and the richly diverse cultures of the seven Tribal Nations indigenous to Lake County, Middletown Rancheria of Pomo Indians of California, Koi Nation of Northern California, Big Valley Band of Pomo Indians, Scotts Valley Band of Pomo Indians, Habematolel Pomo of Upper Lake, Robinson Rancheria of Pomo Indians of California and Elem Indian Colony, have informed every aspect of our community's history. Policies and practices of the United States and earlier colonial governments deprived Indigenous People in the State of California and Lake County, specifically, of land-holdings, liberty, even life, itself; and
WHEREAS, Native Americans have helped to make our community stronger and more prosperous. On August 3, 1990, President of the United States George H. W. Bush declared the month of November as National American Indian Heritage Month, thereafter commonly referred to as Native American Heritage Month. The bill read in part that "the President has authorized and requested to call upon Federal, State and local Governments, groups and organizations and the people of the United States to observe such month with appropriate programs, ceremonies and activities"; and
WHEREAS, this landmark bill honoring America's tribal people represented a major step in the establishment of this celebration which began in 1976 when a Cherokee/Osage Indian named Jerry C. Elliott-High Eagle authored Native American Awareness Week legislation, the first historical week of recognition in the nation for native peoples. This led to 1986 with then President Ronald Reagan proclaiming November 23-30, 1986, as "American Indian Week." President Barack Obama made a Presidential Proclamation on the 31st of October of each year that each respective November would be National Native American Heritage Month. We celebrate the richness of the County's unique Tribal history and traditions and the impact Native American cultures have had on every American; and
WHEREAS, Lake County is committed to protecting the Sovereign right of Native American Tribal organizations and institutions to strengthen their own communities. In observance of Native American month, the County of Lake encourages all citizens to join in recognizing the accomplishments and contributions Native Americans have made to our County, and salutes those who have sought to honor the important role of Tribal leadership in our County's past, present and future.
NOW, THEREFORE, the Board of Supervisors of the County of Lake, do hereby proclaim the month of November 2023, National Native American Heritage Month in Lake County, California.
Recommended Action
Adopt Proclamation Designating the Month of November 2023 as National Native American Heritage Month.
5.2Adopt Proclamation Recognizing Veterans on Veterans Day
Proclamation
passed on consent
Staff memo
Executive Summary
WHEREAS, the contributions and sacrifices of the men and women who served in the Armed Forces have been vital in maintaining our freedoms and way of life; and
WHEREAS, tens of millions of Americans have served in the Armed Forces of the United States during the past century; and
WHEREAS, hundreds of thousands of Americans have given their lives while serving in the Armed Forces during the past century; and
WHEREAS, our state is home to more than 1.6 million veterans, the most of any state in the nation; and
WHEREAS, Lake County is home to approximately 4500 veterans, or approximately 7% of our county's population; and
WHEREAS, our veterans are brave and selfless individuals who, when duty called, willingly put themselves in harm's way to defend the lives and liberty of others; and
WHEREAS, their abiding patriotism and enduring devotion to the ideals on which the United States is founded can never fail to inspire us; and
WHEREAS, our veterans understand the important task before the American service men and women now keeping watch; and
NOW, THEREFORE, LET IT BE PROCLAIMED that the Board of Supervisors acknowledge the great contributions and sacrifice of our veterans to both our country and to our local communities. The Boards of Supervisors honors the contributions of our veterans to the principles of democracy, individual freedom, and human rights.
LET IT BE FURTHER PROCLAIMED that the Board of Supervisors will join the nationwide effort Operation Green Light in showing support for veterans by lighting our Lake County Courthouse in Lakeport green from November 6-12. By shining a green light, the County of Lake and our residents will let veterans know that they are seen, appreciated, and supported.
Recommended Action
Adopt Proclamation Recognizing Veterans on Veterans Day
5.3Adopt Proclamation Commending Clear Lake Gleaners and Redwood Empire Food Bank for Invaluable Community Service
Proclamation
passed on consent
Staff memo
Executive Summary
WHEREAS, Clear Lake Gleaners, located in Finley, California is Lake County's USDA Commodities distributor, the "Food Bank of Lake County"; and
WHEREAS, Clear Lake Gleaners provides consistent and quality service to Lake County residents experiencing food insecurity, including scheduled monthly food box distributions throughout Lake County, cooperation in disaster response to provide food at shelter sites and Local Assistance Centers; and
WHEREAS, Clear Lake Gleaners always answers the call to serve Lake County's most vulnerable residents with compassion and caring; and
WHEREAS, Redwood Empire Food Bank of Sonoma County likewise provides supplemental food deliveries to Lake County community members around the lake, sending four truckloads of critical food supplies each week; and
WHEREAS, the profound need for food supports in Lake County is demonstrated, for example, by Redwood Empire Food Bank serving approximately 700 households at Redbud Park each week in just 90 minutes time; and
WHEREAS, 16.5% of Lake County's residents live in poverty according to the 2020 Census; and
WHEREAS, collectively, Clear Lake Gleaners and Redwood Empire Food Bank serve approximately 21,870 individuals and 6,558 Lake County households; and
WHEREAS, current economic circumstances, food price inflation, and the end of Public Health Emergency CalFresh Emergency Allotments makes food distributions a vital key in the continued economic and food security of Lake County residents.
NOW, THEREFORE, BE IT PROCLAIMED, the Board of Supervisors of the County of Lake does hereby commend Clear Lake Gleaners and Redwood Empire Food Bank for their invaluable community service.
PASSED AND ADOPTED this 7th day of November, 2023
Recommended Action
Adopt Proclamation Commending Clear Lake Gleaners and Redwood Empire Food Bank for Invaluable Community Service
5.4Adopt Property Tax Exchange Resolution for Proposed Annexation to Konocti County Water District
Action Item
passed on consent
Staff memo
Executive Summary
Our office has received notification from the County Auditor-Controller regarding a proposed annexation to Konocti County Water District (KCWD) which has been filed with LAFCO (Project #2023-0002). The assessor parcel numbers are: 012-036-19, 012-036-11, 012-036-25, 012-036-26, 012-036-02, 012-036-29, 012-036-28, 012-036-08, 012-036-04, 012-036-05, 012-036-06, 012-037-50, 012-037-02, 012-037-44, 012-037-45, 012-037-46, 012-037-47, 012-040-15, 012-037-52, 012-037-35, 012-037-26, 012-037-27, 012-037-28, 012-037-51, 012-037-32, 012-037-37, 012-037-53, 012-037-13, 012-037-34, 012-037-33, 012-037-41, 012-037-39, 012-037-40, 012-037-38, 012-037-09, 012-037-08, 012-037-07, 012-037-06, 012-037-05, 012-037-04, 012-037-49, 012-039-22, 012-036-13, 012-036-27, 012-036-20.) A tax exchange agreement must be reached in order for this annexation to proceed.
Since the County will not be relieved of any service requirements as a result of this annexation, it would not be appropriate for the General Fund and other taxing entities to incur any loss of property tax revenue. Staff has confirmed KCWD agrees with this assessment. The proposed Resolution, attached hereto, provides for no exchange of the existing base property tax revenue or the future tax increment as a result of this annexation.
Recommended Action
Staff recommends that your Board adopt the Property Tax Exchange Resolution for Proposed Annexation to Konocti County Water District.
5.5A) Approve travel to Sacramento for Supervisor Crandell to attend the RCRC Executive Committee meeting from 11/7 to 11/8/2023 in an amount not to exceed $300; B) Approve travel to Oakland for Supervisors Pyska and Sabatier to attend the CSAC Annual Conference from 11/13 to 11/17/2023 in a total amount not to exceed $4,100, and C) Retroactively approve travel to Eureka for Supervisor Green to attend the North Coast EMS / JPA Meeting from 11/1 to 11/2/2023 in a total amount not to exceed $275.
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
Staff is requesting the Board's approval for Supervisor Crandell to attend the Rural County Representatives of California (RCRC) Executive Committee meeting in Sacramento from 11/7 to 11/8/2023. This organization advocates on behalf of rural issues at state and federal levels and provides legislative and regulatory assistance for specific rural concerns facing Lake County.
Staff is also requesting the Board's approval for Supervisors Pyska and Sabatier to attend the California State Association of Counties' (CSAC) Annual Conference in Oakland from 11/13 to 11/17/2023. This association actively develops priorities to advance change in counties throughout California. By having an active voice, the Supervisors can engage in collaborative work to improve the lives of Lake County residents and increase county government efficiencies.
Finally, Staff requests the Board retroactively approve Supervisor Green to attend the North Coast EMS JPA meeting in Eureka from 11/1 to 11/2/2023. Topics discussed at this meeting include comments received on the Lake County Ambulance Ordinance, Med-Net Trust Fund Utilization for Lake County Repeaters, and the Lake County Interfacility Transfer Report.
Recommended Action
A) Approve travel to Sacramento for Supervisor Crandell to attend the RCRC Executive Committee meeting from 11/7 to 11/8/2023 in an amount not to exceed $300; B) Approve travel to Oakland for Supervisors Pyska and Sabatier to attend the CSAC Annual Conference from 11/13 to 11/17/2023 in a total amount not to exceed $4,100, and C) Retroactively approve travel to Eureka for Supervisor Green to attend the North Coast EMS JPA Meeting from 11/1 to 11/2/2023 in a total amount not to exceed $275.
On motion of Supervisor Sabatier, and by vote of the Board, Approved travel to Sacramento for Supervisor Crandell to attend the RCRC Executive Committee meeting from 11/7 to 11/8/2023 in an amount not to exceed $300 and Approved travel to Oakland for Supervisors Pyska and Sabatier to attend the CSAC Annual Conference from 11/13 to 11/17/2023 in a total amount not to exceed $4,100, and Retroactively approved travel to Eureka for Supervisor Green to attend the North Coast EMS / JPA Meeting from 11/1 to 11/2/2023 in a total amount not to exceed $275. 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. 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.
5.6Sitting as the Lake County Air Quality Management District Board of Directors: Authorize the APCO to Extend the Temporary Counter Hours for the District.
Action Item
passed on consent
Staff memo
Executive Summary
The District is requesting to extend the temporary counter hours approved on April 25, 2023, due to the continuing workload increases with State Reports, illegal burning, permit issues, enforcement activities, grant programs, and other mandatory activities. District staff has been making progress, but is still unable to complete required work timely. With only 4 staff, we directly answer nearly all phone calls and we help people at our counter regularly throughout the day. The result is that staff does not have uninterrupted work time, nor do we have time for inspections, complaint response and other workload activities and tasks. This is creating delays in permitting and other projects throughout the County. We are not exceeding our statutory requirements, but we are having delays that are longer than our goals.
The initial six months of the temporary office hours was very successful. We did not receive any complaints, as we were nearly always able to accommodate the public timely.
Recommended Action
That the Board of Directors authorize the APCO to extend the closure of the District office to walk-in traffic Monday through Thursday from 8am to 10am and 4pm to 5pm, and all day Fridays for an additional six (6) months.
5.7Approve Board of Supervisors Meeting Minutes from October 17, 2023 and October 24, 2023
Action Item
passed on consent
5.8Approve Agreement Between County of Lake and New Life Health Authority dba New Life, LLC. for Substance Use Disorder Outpatient Drug Free Services, Intensive Outpatient Treatment Services, and Narcotic Treatment Program Services in the Amount of $10,000,000.00 for Fiscal Year 2023-24 and Authorize the Board Chair to Sign.
Agreement
pulled on consent
Motion carried
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
Staff memo
Executive Summary
New Life Health Authority, a Tribal 638 Clinic owned by Pinoleville Tribal Nation, provides Narcotic Treatment Program services, including methadone, to Lake County Drug Medi-Cal (DMC) beneficiaries. The services provided under this agreement come at no cost to the County, as the Pinoleville Tribe is providing the non-federal match for Medicaid reimbursement through an Intergovernmental Transfer process.
The competitive bidding process does not apply to this contract, as Lake is required to contract with any DMC provider who takes Lake County beneficiaries as the Medicaid pass-through.
Recommended Action
Approve Agreement Between County of Lake and New Life Health Authority dba New Life, LLC. for Substance Use Disorder Outpatient Drug Free Services, Intensive Outpatient Treatment Services, and Narcotic Treatment Program Services in the Amount of $10,000,000.00 for Fiscal Year 2023-24 and Authorize the Board Chair to Sign.
| Estimated Cost | $10,000,000 |
|---|---|
| Amount Budgeted | $10,000,000 |
On motion of Supervisor Crandell, and by vote of the Board, Approved Agreement Between County of Lake and New Life Health Authority dba New Life, LLC. for Substance Use Disorder Outpatient Drug Free Services, Intensive Outpatient Treatment Services, and Narcotic Treatment Program Services in the Amount of $10,000,000.00 for Fiscal Year 2023-24 and Authorized the Board Chair to Sign. 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. Behavioral Health Director Elise Jones 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.
5.9Approve closure of all Lake County Behavioral Health Services clinics and centers for a mandatory All Staff training on December 14th, 2023 from 1:00pm to 4:30pm.
Action Item
passed on consent
Staff memo
Executive Summary
Lake County Behavioral Health staff are required to participate in a training on confidentiality annually and have scheduled the training for the afternoon of Thursday, December 14th 2023.
Recommended Action
Approve closure of all Lake County Behavioral Health Services clinics and centers for a mandatory All Staff training on December 14th, 2023 from 1:00pm to 4:30pm.
5.10Adopt Resolution Authorizing the 2024-2025 Grant Project-Lake County Child Advocacy Center Program and Authorize the Chair to Sign the Grant Subaward Certification of Assurance of Compliance
Resolution
passed on consent
Staff memo
Executive Summary
The California Governor's Office of Emergency Services (CalOES) created this grant in 2018 for the purpose of funding affiliate, developing, and accredited Child Advocacy Centers in California which work with child abuse victims to reduce trauma to the children and their families by using a multidisciplinary-team approach. The Victim Witness Division of the District Attorney's Office has had its own Multi-Disciplinary Interview Center (MDIC) called "Hope House" for over 15 years. Hope House uses specialized audio/video equipment to conduct children's interviews in a less intimidating setting. Due to the nature of these situations, interviews must be conducted by a specially trained, trauma-informed professional who can build a rapport with the child, while conducting a meaningful and productive interview - this professional is also known as a Forensic Interviewer.
The project cost of $88,000 will fund a full-time Forensic Interviewer, the Interviewer's training, transcription services for the forensic interviews, maintenance of the audio/visual equipment, as well as the upkeep and improvements to Hope House. Although a match is required for this grant, CalOES approved our request to waive the customary matching of funds.
Adoption of this resolution will allow the Lake County District Attorney's Office to submit an application for the Lake County Child Advocacy Center Program and also requires the Board, after review and consideration, to authorize the Chair to sign the Grant Subaward Certification of Assurance of Compliance attached to the resolution.
Recommended Action
Adopt Resolution Authorizing the 2024-2025 Grant Project-Lake County Child Advocacy Center Program and Authorize the Chair to Sign the Grant Subaward Certification of Assurance of Compliance
5.11a) Waive the formal bidding requirement per section 2-38.1 Extension of Annual Agreements; and b) authorize the IT Director to issue a purchase order to Carahsoft Technology Corp. for Zoom Video Conferencing licenses in the amount of $30,860.90
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
County departments utilize the Zoom Video Conferencing product to conduct virtual meetings. Our yearly subscription expires on 11/12/2023. We have obtained a renewal quote for the period of 11/13/2023-11/12/2024 in the amount of $30,860.90. We are requesting that your Board waive the formal bidding requirement because this agreement represents an extension of an existing annual agreement. Once invoiced, the Information Technology Department intends to issue a Various Claim Distribution Form to departments for their share of charges.
Recommended Action
a) Waive the formal bidding requirement per section 2-38.1 Extension of Annual Agreements; and b) authorize the IT Director to issue a purchase order to Carahsoft Technology Corp. for Zoom Video Conferencing licenses in the amount of $30,860.90
On motion of Supervisor Sabatier, and by vote of the Board, Waived the formal bidding requirement per section 2-38.1 Extension of Annual Agreements and authorized the IT Director to issue a purchase order to Carahsoft Technology Corp. for Zoom Video Conferencing licenses in the amount of $30,860.90. 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. Information Technology Director Shane French 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.
5.12a) Waive the formal bidding requirement per Section 2-38.4 Cooperative Purchasing; and b) authorize the IT Director to issue purchase orders to Carahsoft Technology Corp. for Center for Internet Security’s Endpoint Security Service for an amount not to exceed $70,422.00.
Action Item
passed on consent
Staff memo
Executive Summary
The Information Technology Department wishes to enhance the security of Information Systems in the County. One way we can greatly increase security of systems is to leverage a product suite known as Managed Detection and Response (MDR). MDR allows for 24/7 professional monitoring of our Information Systems by a trusted third party along with advanced detection and prevention of malware and other cybersecurity threats.
The Center for Internet Security (CIS) is a nonprofit organization that offers various cybersecurity products to state and local government agencies, including their MDR product, Endpoint Security Service (ESS). After reviewing a number of MDR products, we wish to partner with CIS because they offer a product that is most tailored to the needs of our County.
We are asking that your Board waive the formal bidding requirement because the ESS product is available on the NASPO ValuePoint Cooperative Purchasing contract (Section 2-38.4).
Recommended Action
a) Waive the formal bidding requirement per Section 2-38.4 Cooperative Purchasing; and b) authorize the IT Director to issue purchase orders to Carahsoft Technology Corp. for Center for Internet Security's Endpoint Security Service for an amount not to exceed $70,422.00
5.13Adopt Resolution Changing County-Maintained Mileage for 2022
Resolution
pulled on consent
Staff memo
Executive Summary
During May of each year, the County is required to submit to the Department of Transportation changes to the County-Maintained Road System. Due to staffing shortages, we just realized this was overlooked this year.
Staff has prepared the Resolution for your consideration. You will note during the last year, there has been a decrease of 0.22 miles to the County-Maintained Road System as per Exhibit "A" attached.
Recommended Action
Adopt Resolution Changing County-Maintained Mileage for 2022
Supervisor Simon offered the resolution and it passed by roll call 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.
5.14Adopt Resolution Appointing Directors of the Scotts Valley Water Conservation District Board In Lieu of Holding A General District Election on November 7, 2023
Resolution
passed on consent
Staff memo
Executive Summary
Elections Code Section 10515 requires the Registrar of Voters to submit a certificate of facts to the Board of Supervisors when the number of persons who have filed a Declaration of Candidacy for director does not exceed the number of offices of director to be filled at a general district election. To comply with Section 10515, I am submitting the resolution titled "Resolution Appointing Directors of the Scotts Valley Water Conservation District Boards In Lieu of Holding a General District Election on November 7, 2023" to your Board with the names of person(s) who filed a Declaration of Candidacy for said District and is not required to hold an election because there are no more nominees than there are vacancies.
Your Board may accept the District Board of Director's recommendations or appoint any other qualified person(s) to serve as Director.
Recommended Action
Adopt Resolution Appointing Director of the Scotts Valley Water Conservation District Board In Lieu of Holding A General District Election on November 7, 2023.
5.15Adopt Resolution Amending Position Allocations for FY24, Budget Unit 8695, Special Districts Administration Deleting One Utility Worker I/II and Adding One Water/Wastewater Treatment Plant Operator Trainee/I/II/III
Resolution
passed on consent
Staff memo
Executive Summary
Special Districts Administration has shifted responsibility for some service areas internally between Utility Areas, each overseen by a Utility Area Superintendent. That internal shifting led to discussions among senior field staff and our administration and a determination that the new configuration would be better served by having an additional Treatment Plant Operator and one less Utility Worker I/II in Utility Area 1. Any impact to the budget is anticipated to be minor as there is a small differential between salary schedules with the TPO being approximately the same at entry level and slightly higher at higher tiers.
We're requesting the Board adopt the attached resolution amending the position allocations for Budget Unit 8695 to reduce the Utility Worker I/II number to 11 and increase the TPO Trainee/I/II/III allocation to 9.
Recommended Action
Adopt Resolution Amending Position Allocations for FY24, Budget Unit 8695, Special Districts Administration Deleting One Utility Worker I/II and Adding One Water/Wastewater Treatment Plant Operator Trainee/I/II/III
5.16Authorize One-time Purchase of Clothing Items in Excess of Amount Provided by Uniform and Clothing Purchase Policy in a total amount not to exceed $1,600
Action Item
passed 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 Uniform and Clothing Purchase Policy was last updated in April of 2021. At that time former CAO Huchingson and her staff solicited input from department heads about the policy, including maximum cost amounts. Special Districts provided feedback and recommendations on costs for some of the items based on 2021 current prices. A recommendation was also provided requesting that the Maximum Cost amounts in the policy be tied to an index (CPI, etc.) so that the allotted cost would keep current with the increasing cost of goods and to avoid a need to revisit the policy after a few years. That recommendation for an index was not incorporated, and the costs of goods has outpaced the allotted maximum cost for some items.
As we prepare to head into winter we've obtained quotes for Safety Jackets, Safety Pants, Jacket/windbreaker, and Steel-toed Muck Boots so staff is properly outfitted to work in inclement weather conditions. Quotes were obtained from responsive local vendors and additional pricing was checked with various online vendors as well. The table below highlights the items we are requesting consideration for. It identifies the item, current maximum cost, the range of costs we were quoted, our requested one-time maximum cost authorization, and the quantity we'd like to purchase. Safety jackets will be purchased from a local vendor, the muck boots did not have a responsive local vendor and will be purchased from an online source.
Item
Current Maximum Cost
Range of Quotes (w/o tax or shipping)
Requested one time maximum cost
Quantity
Safety Jacket
150
149.99 - 169.99
175
4
Steel-toed Muck Boots
150
145.00 - 159.99
175
5
Recommended Action
Authorize One-time Purchase of Clothing Items in Excess of Amount Provided by Uniform and Clothing Purchase Policy in a total amount not to exceed $1,600
On motion of Supervisor Sabatier, and by vote of the Board, approved consent agenda items 5.1 through 5.16 with the exception of items 5.5, 5.8, 5.11, and 5.13 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
Clerk’s notes: There was no public input to consider.
6.29:07 A.M. - Pet of the Week
Presentation
Presentation Only.
Clerk’s notes: Animal Control Officer Daniel Gard 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. - Presentation of Proclamation Designating the Month of November 2023 as National Native American Heritage Month
Proclamation
Staff memo
Executive Summary
WHEREAS, Lake County has been home to people for greater than 12,000 years, and the richly diverse cultures of the seven Tribal Nations indigenous to Lake County, Middletown Rancheria of Pomo Indians of California, Koi Nation of Northern California, Big Valley Band of Pomo Indians, Scotts Valley Band of Pomo Indians, Habematolel Pomo of Upper Lake, Robinson Rancheria of Pomo Indians of California and Elem Indian Colony, have informed every aspect of our community's history. Policies and practices of the United States and earlier colonial governments deprived Indigenous People in the State of California and Lake County, specifically, of land-holdings, liberty, even life, itself; and
WHEREAS, Native Americans have helped to make our community stronger and more prosperous. On August 3, 1990, President of the United States George H. W. Bush declared the month of November as National American Indian Heritage Month, thereafter commonly referred to as Native American Heritage Month. The bill read in part that "the President has authorized and requested to call upon Federal, State and local Governments, groups and organizations and the people of the United States to observe such month with appropriate programs, ceremonies and activities"; and
WHEREAS, this landmark bill honoring America's tribal people represented a major step in the establishment of this celebration which began in 1976 when a Cherokee/Osage Indian named Jerry C. Elliott-High Eagle authored Native American Awareness Week legislation, the first historical week of recognition in the nation for native peoples. This led to 1986 with then President Ronald Reagan proclaiming November 23-30, 1986, as "American Indian Week." President Barack Obama made a Presidential Proclamation on the 31st of October of each year that each respective November would be National Native American Heritage Month. We celebrate the richness of the County's unique Tribal history and traditions and the impact Native American cultures have had on every American; and
WHEREAS, Lake County is committed to protecting the Sovereign right of Native American Tribal organizations and institutions to strengthen their own communities. In observance of Native American month, the County of Lake encourages all citizens to join in recognizing the accomplishments and contributions Native Americans have made to our County, and salutes those who have sought to honor the important role of Tribal leadership in our County's past, present and future.
NOW, THEREFORE, the Board of Supervisors of the County of Lake, do hereby proclaim the month of November 2023, National Native American Heritage Month in Lake County, California.
Recommended Action
Presentation of Proclamation Designating the Month of November 2023 as National Native American Heritage Month
This Ceremonial Item was read into the record and presented.
Clerk’s notes: Supervisor Simon read the proclamation into the record and presented it to the Lake County Community.
Chair Pyska asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.49:09 A.M. - Presentation of Proclamation Recognizing Veterans on Veterans Day
Proclamation
Staff memo
Executive Summary
WHEREAS, the contributions and sacrifices of the men and women who served in the Armed Forces have been vital in maintaining our freedoms and way of life; and
WHEREAS, tens of millions of Americans have served in the Armed Forces of the United States during the past century; and
WHEREAS, hundreds of thousands of Americans have given their lives while serving in the Armed Forces during the past century; and
WHEREAS, our state is home to more than 1.6 million veterans, the most of any state in the nation; and
WHEREAS, Lake County is home to approximately 4500 veterans, or approximately 7% of our county's population; and
WHEREAS, our veterans are brave and selfless individuals who, when duty called, willingly put themselves in harm's way to defend the lives and liberty of others; and
WHEREAS, their abiding patriotism and enduring devotion to the ideals on which the United States is founded can never fail to inspire us; and
WHEREAS, our veterans understand the important task before the American service men and women now keeping watch; and
NOW, THEREFORE, LET IT BE PROCLAIMED that the Board of Supervisors acknowledge the great contributions and sacrifice of our veterans to both our country and to our local communities. The Boards of Supervisors honors the contributions of our veterans to the principles of democracy, individual freedom, and human rights.
LET IT BE FURTHER PROCLAIMED that the Board of Supervisors will join the nationwide effort Operation Green Light in showing support for veterans by lighting our Lake County Courthouse in Lakeport green from November 6-12. By shining a green light, the County of Lake and our residents will let veterans know that they are seen, appreciated, and supported.
Recommended Action
Adopt Proclamation Recognizing Veterans on Veterans Day
This Ceremonial Item was read into the record and presented.
Clerk’s notes: Supervisor Sabatier read the proclamation into the record and presented it to Lake County Veterans. Chris Taliaferro 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.
6.59:10 A.M. - Presentation of Proclamation Commending Clear Lake Gleaners and Redwood Empire Food Bank for Invaluable Community Service
Proclamation
Staff memo
Executive Summary
WHEREAS, Clear Lake Gleaners, located in Finley, California is Lake County's USDA Commodities distributor, the "Food Bank of Lake County"; and
WHEREAS, Clear Lake Gleaners provides consistent and quality service to Lake County residents experiencing food insecurity, including scheduled monthly food box distributions throughout Lake County, cooperation in disaster response to provide food at shelter sites and Local Assistance Centers; and
WHEREAS, Clear Lake Gleaners always answers the call to serve Lake County's most vulnerable residents with compassion and caring; and
WHEREAS, Redwood Empire Food Bank of Sonoma County likewise provides supplemental food deliveries to Lake County community members around the lake, sending four truckloads of critical food supplies each week; and
WHEREAS, the profound need for food supports in Lake County is demonstrated, for example, by Redwood Empire Food Bank serving approximately 700 households at Redbud Park each week in just 90 minutes time; and
WHEREAS, 16.5% of Lake County's residents live in poverty according to the 2020 Census; and
WHEREAS, collectively, Clear Lake Gleaners and Redwood Empire Food Bank serve approximately 21,870 individuals and 6,558 Lake County households; and
WHEREAS, current economic circumstances, food price inflation, and the end of Public Health Emergency CalFresh Emergency Allotments makes food distributions a vital key in the continued economic and food security of Lake County residents.
NOW, THEREFORE, BE IT PROCLAIMED, the Board of Supervisors of the County of Lake does hereby commend Clear Lake Gleaners and Redwood Empire Food Bank for their invaluable community service.
PASSED AND ADOPTED this 7th day of November, 2023
Recommended Action
Presentation Only.
This Ceremonial Item was read into the record and presented.
Clerk’s notes: Supervisor Sabatier read the proclamation into the record and presented it to Clear Lake Gleaners and Redwood Empire Food Bank. Clear Lake Gleaners Representative Bev and Deputy Social Services Director Racheal Dillman-Parsons 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.
6.69:15 A.M. - Discussion and Direction to Staff Regarding Food Insecurity in Lake County
Action Item
Staff memo
Executive Summary
As you will be aware, recent years have highlighted a profound and growing need for supplemental food support (above and beyond that provided by the CalFresh program) in Lake County. Clear Lake Gleaners and Redwood Empire Food Bank both provide invaluable service to Lake County residents, and both organizations have highlighted concerns the need in Lake County greatly outpaces financial and other resources available. We have a need to work with both entities, to ensure supplemental food is sustainably made available to those Lake County residents who most need it. Redwood Empire and Gleaners staff have reported approximately 21,870 unique people, in total, are receiving supplemental food services in Lake County.
Chair Pyska, Department of Social Services and Administrative Office staff and I recently met with Clear Lake Gleaners and Redwood Empire Food Bank. Representatives from Senator McGuire and Assemblymember Aguiar-Curry's offices joined, as well. Further conversation and work are needed to ensure effective ongoing partnership.
Prior to acting further, we wanted to bring this critical discussion to the full Board. Next steps will likely include discussion with the California Department of Social Services, and working to ensure the right combination of State and Federal resources is developed to support the ongoing need. We look forward to this discussion, and anticipate representatives from Clear Lake Gleaners and Redwood Empire Food Bank will join.
Background
Clear Lake Gleaners (Lake County's official Food Bank) has been in existence since 1986 and is staffed by approximately 150 volunteers. While their home site is in Finley, they provide food at 8-9 sites around the lake. Initially, 120 people picked up food allotments from the Gleaners every two weeks; that number has grown to 550, on average, and more than 800 people are expected at the Finley site over Thanksgiving. Some will be aware, Clear Lake Gleaners is planning to expand their warehouse operations. However, funds provided to them from Federal and State funds are not sufficient to feed all of those in need in Lake County, at this time.
Redwood Empire Food Bank has been in existence since 1987. While they are officially the Food Bank for Sonoma County, they serve those in need throughout Northern California, including 9 Lake County locations with at least monthly distributions. Their largest distribution is Redbud Park, in Clear Lake, where they have served approximately 700 households/week. In the past year, they have provided $6.6 million worth of food in Lake County alone. The cost to their organization was $2.4 million, and no State or Federal funds have been provided to support these Lake County distributions.
Recommended Action
Direction to staff to continue conversations regarding food insecurity in Lake County, in collaboration with Clear Lake Gleaners, Redwood Empire Food Bank and State and Federal Partners, as needed.
There was Board consensus to continue the work to find funding for food banks and to donate $5,000 from discretionary funds of Supervisor Pyska, Supervisor Green, Supervisor Crandell, and Supervisor Simon to both the Redwood Empire Food Bank and the Lake County Gleaners and an additional $5,000 from Supervisor Green's discretionary fund for the remodel of the new Gleaners location.
Clerk’s notes: Supervisor Sabatier presented the item to the Board. Redwood Empire Food Bank Representative Allison Goodwin, Deputy Social Services Director Rachael Dillman-Parsons, and Clear Lake Gleaners Food Bank Representative Bev spoke.
Chair Pyska asked if anyone present wished to speak and the following person spoke via Zoom: David Goodwin. The following person present in the Board of Supervisors Chambers spoke: Joan Moss. No one else wished to speak and the public input portion of this item was closed.
6.79:30 A.M. - HEARING - Consideration of Appeal of Notice of Nuisance and Order to Abate (NONOTA) for 11630 Beryl Way, Clearlake Oaks (APN 035-262-33); Property Owner: Aura Thomas (AKA Aura Palma): Hearing Requested by Arlene Fox, on behalf of Ms. Thomas
Action Item
Motion carried
Carried 4-1 — moved by Crandell
Crandell: aye Green: nay Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: nay Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
Property Details:
Property Address: 11630 Beryl Way, Clearlake Oaks, CA
Assessor Parcel#: 035-262-33
Zoning District: "R1" Single Family Residential
Acres (estimated): 0.50
Property Owner: Aura Thomas aka Aura Palma
Appellant: Arlene Fox (mother to Aura Thomas)
Supervisorial District: 3 (Crandell)
County Witness(es):
Lead Code Officer: Norman Valdez, Code Enforcement Supervisor
Chris Colen, Code Enforcement Officer
Evidence:
Attachments
A - Request for Hearing - Arlene Fox
B - Hearing Notice
C - Site Photos
D - Notice of Nuisance and Order to Abate
On September 13, 2023, Code Enforcement received a verbal request from the property owner, Aura Thomas (AKA Aura Palma) to appeal a Notice of Nuisance and Order to Abate (NONOTA), dated, September 5, 2023). Aura Palma is currently in the custody of the California Department of Corrections and Rehabilitation. On October 2, 2023, the Lake County Community Development Department received a written request from appellant Arlene Fox (Appellant) for a hearing before the Board of Supervisors in response to a (NONOTA) issued against the property located at 11630 Beryl Way, Clearlake Oaks (property). Appellant provided the following reason why the property should not be considered a public nuisance: (Attachment A):
"Property owner is incarcerated. This is known to Lake County Code Enforcement, District Attorney, Sheriff's office, etc. County Counsel knows as well. This abatement is a conflict of interest for Lake County to handle. I want my abatement procedures transferred to Napa County (no previous of current proceedings in Napa. Sonoma and Mendocino both have conflicts of interest for property owner.) Per the 6 (illegible) (sixth amendment (illegible) (illegible) February, 2023, my constitutional right to representation not being upheld. In light of this and my inability to be present in court proceedings, I request a transfer."
On October 20, 2023, a "Hearing Notice" was mailed out to the addresses listed on the Hearing Request Form and per the information found on the California Department of Corrections and Rehabilitation inmate information website. The notice included a hearing date, time, and alternative ways to participate in the hearing. Pursuant to Lake County Code Chapter 13, Article I, Section 13-7.3 7.3 "The notice shall state the date, time and place of the hearing (which in no event shall be sooner than ten (10) days from the date of mailing and posting such notice unless mutually agreed to by the property owner or responsible party and the Enforcement Official). (Attachment B)
Background
Between August 23, 2023 and October 11, 2023, Lake County Code Enforcement (LCCE) conducted site inspections and documented the cited violations by taking photos. (Attachment C)
On September 5, 2023, LCCE determined seven (7) violation(s) of the Lake County Code existed on the property. A NONOTA was issued against and posted at the property and certified mailed to the address of the property owners current location. The NONOTA cited the following violations: (Attachment D)
* LCC, Chapter 13, Article I, Section 13-3.1 (e) (3) - Attractive Nuisance Dangerous
* LCC, Chapter 13, Article I, Section 13-3.1 (e) (4) - Condition dangerous to human life, unsafe, detrimental to public health or safety
* LCC, Chapter 13, Article I, Section 13-3.1 (e) (5) - Use of land or premises maintained contrary to the provisions of LCC Chapter 21 (Zoning Ordinance)
* LCC, Chapter 13, Article I, Section 13-3.1 (e) (8) - Unsightly appearance visible from scenic corridor or neighboring properties or which provides harborage for rats and/or vermin, or creates other potential health hazard or public nuisance
* LCC, Chapter 13, Article I, Section 13-3.1 (e) (13) - Inoperable Vehicles
* LCC Chapter 5, Article I, Section 5-4A; 2022 CA Building Code Section 116 - Unsafe Structures
* LCC Chapter 5, Article VII, Section 5-33 and 5-34 - Vacant Structure
Recommended Action
Staff recommends the Board uphold the Notice of Nuisance and Order to Abate and direct staff to move forward with the abatement process within thirty (30) days, if the violations are not abated by the property owner.
On motion of Supervisor Crandell, and by vote of the Board, moved uphold the Notice of Nuisance and Order to Abate and direct staff to move forward with the abatement process within thirty (30) days, if the violations are not abated by the property owner. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Crandell, and Pyska
Nays- Supervisor: 1 - Green
There was Board consensus to look at further options with County Counsel.
Clerk’s notes: Community Development Director Mireya Turner introduced the item to the Board. Code Enforcement Officer Norman Valdez presented the item to the Board. County Counsel Lloyd Guintivano spoke.
Chair Pyska asked if anyone present wished to speak and the following person present in the Board of Supervisors Chambers spoke: Arlene Fox. No one else wished to speak and the public input portion of this item was closed.
6.811:00 A.M. - Presentation on CDBG Economic Development Grants and Planned Façade Improvements Program
Presentation
Staff memo
Executive Summary
The Community Development Block Grant (CDBG) program is designed to provide assistance through revitalization and improving economic opportunities with a high degree of flexibility for application of funds. The California Office of Housing and Community Development (HCD) administers the State's allocation of CDBG funds for eligible municipalities, which are non-entitlement jurisdictions - cities with populations under 50,000 and counties with populations under 200,000 in unincorporated areas that do not participate in the US Department of Housing and Urban Development direct CDBG program.
Community Development Services, based in Kelseyville, is the County's CDBG contractor. They were established in 1997, have obtained over $100 million for economic development clients, and have administered a significant amount of CDBG funding. They are the contractor for Lake County's CDBG Coronavirus (CV)-1, CDBG CV 2, CDBG CV 3, and CDBG grants for business loans programs and microenterprise assistance.
The Lake County CDBG Microenterprise program provides technical assistance to small and start up businesses through one-on-one consultations and workshops. Areas of assistance include preparing a business plan and financial forecasts, financial literacy, preparation to access financing, marketing plan development, social media, QuickBooks training, and credit building and repair. CDS has conducted four microenterprise workshops in 2023 and plans to conduct two more in 2024. CDS has also facilitated eight small business loans from these four CDBG funding sources, which have supported 36 jobs in Lake County.
It's anticipated that HCD will issue the 2024 CDBG Notice of Funding Allocation in January 2024. CDS in conjunction with the County is planning to submit for up to $1,500,000 for fa�ade improvements, small business loans, job creation, and technical assistance. The fa�ade improvement grants would be between $5,000 - $40,000 for small businesses in Lake County. The program payment structure would be primarily reimbursement with 25% of funding provided upfront. Eligible costs include fa�ade, landscape, and signage improvements that face and are visible from the public right-of-way. If possible, fa�ade improvement funding will be evenly split between supervisor districts and preference given to applicants located near other applicants.
Recommended Action
Consideration and possible direction from Board of Supervisors.
Presentation Only.
Clerk’s notes: Deputy County Administrative Officer Ben Rickleman introduced the item to the Board. CDBG Representative Jeff Lucas presented the PowerPoint Presentation to the Board. County Administrative Officer Susan Parker 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.
6.911:30 A.M. - Public Hearing - Consideration of Planning Commission’s Recommendation of Approval of a Modification (MMU 22-01) to a Tentative Subdivision Map (SD 06-01) for Valley Oaks Land and Development Inc.; location: 18426 S. Highway 29 and 18765 Hartmann Road, Middletown (APNs: 014-260-51 and 014-260-24)
Public Hearing
Motion carried · 2 motions
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
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
1 - Vicinity Map
2 - Original Tentative Subdivision Map for SD 06-01, Valley Oaks
3 - Amended Tentative Subdivision Map for SD 06-01 showing Oak Meadow Drive Access
4 - Staff Report from the June 8, 2023 Planning Commission hearing with the following attachments:
a. Subdivision Conditions of Approval
b. Modification Conditions of Approval
c. Final Environmental Impact Report (FEIR) 2019 Addendum
d. Agency Comments
5 - Planning Commission Minutes from June 8, 2023 Meeting
I. EXECUTIVE SUMMARY
The applicant requests approval of a Modification to Subdivision (SD 06-01) to use 18765 Hartmann Road (APN 014-260-24) as a primary access, and eventually as a drainage area for the relocation of Coyote Creek, a Class II seasonal stream located east of the Valley Oaks commercial area. On June 8, 2023, the Planning Commission made a unanimous decision to recommend approval of this modification to the Board of Supervisors. Because the original subdivision was approved by the Board of Supervisors, the modification must be considered by the Board of Supervisors (Article 60, "Expiration, Revocation, or Modification of Permits and Reapplication"; subsection 60.21, "Modification of Permits". Subsections (a) and (b)).
II. PROJECT BACKGROUND
The approved tentative map shows an access leading directly to the State Highway 29 / Hartmann Road roundabout. However, the applicant was unable to receive approval by Caltrans for the access to the roundabout which connects the commercial portion of the development to Highway 29. This modification proposes an alternative access route that relocates the road access to 'Oak Meadow Drive', which then connects with Hartmann Road.
This alternative route was analyzed under the California Environmental Quality Act (CEQA) document for the Grocery Outlet project (UP 19-09), which required an Addendum to the original adopted Final Environmental Impact Report (FEIR). The Oak Meadow Drive alternate route requires the use of a lot that was not part of the approved tentative subdivision map. The alternative route has received an encroachment permit from the County of Lake Public Works Department.
Since Oak Meadow will be the primary access to not only Grocery Outlet, but the entire subdivision until the connection with the roundabout is approved by CalTrans, the Oak Meadow Drive access needs to be included as being a part of the Valley Oaks Development.
Condition no. II.6 of Subdivision (Parcel) Map (PM 21-31) for Valley Oaks states: A note shall be placed on the Final Parcel Map stating Oak Meadow Dive is "Not a County Maintained Road"
Currently the tentative subdivision map revision remains substantially non-compliant with the approved permitted subdivision because the new access was not included as part of the originally approved application. This modification would adjust the access to the subdivision.
Project Description
Project Title: Modification to Valley Oaks Tentative Vesting Subdivision Map
Permit Number: MMU 22-01
Owner / Applicant: Valley Oaks Land and Development Inc.
Project Location, Parcel Numbers: 18426 S. State Highway 29, Middletown; 014-260-51
18765 Hartmann Road, Middletown; 014-260-24 (access lot)
Parcel Sizes: 47.16 acres (014-260-51)
13.24 acres (014-260-24)
FIGURE 1 - VICINITY MAP
Source: Material Submitted by Applicant, 2022
General Plan Designation: APN: 014-260-51: Agriculture, Public Facilities
APN: 014-260-24: Suburban Reserve, Low Density Residential, Public Facilities, Resource Conservation
Zoning: APN 014-260-51: Split; "O-FF-SC-FW", Open Space-Floodway Fringe- Scenic Combining-Floodway; "PDR-FF-SC", Planned Development Residential-Floodway Fringe-Scenic Combining; "PDC-FF", Planned Development Commercial-Floodway Fringe
APN 014-260-24: Split; "O-FF-FW-WW", Open Space-Floodway Fringe-Floodway-Waterway, and "C2-DR-FF-FW-WW", Community Commercial-Design Review-Floodway Fringe-Floodway-Waterway
Flood Zone: "AE" Floodway and "AO" Special Flood Hazard Area
FIGURE 2 - SUBDIVISION MAP
Source: Materials Submitted by Applicant
Surrounding Zoning and Land Use
* North: Split; "O-FF-SC-FW", Open Space-Floodway Fringe-Scenic Combining-Floodway, and "PDR-FF-SC-FW", Planned Development Residential-Floodway Fringe-Scenic Combining-Floodway. The parcel is �103.11 acres in size and is part of Valley Oaks Development.
* North: Split; "A-FF-FW-WW", Agriculture-Floodway Fringe-Floodway-Waterway; "R1-FF-FW-RD-WW", Single Family Residential-Floodway Fringe-Floodway-Residential Design Combining-Waterway, and "C2-DR-FF-FW-WW", Community Commercial-Design Review-Floodway Fringe-Floodway-Waterway. Property is �23.92 acres and is developed with a dwelling.
* South: The parcels to the south are zoned "O", Open Space and "A" Agriculture. The parcel sizes range from �0.44 acres to �169.46 acres.
* West: The parcels to the west are "RR" Rural Residential, "SR" Suburban Reserve, "C1" Local Commercial "C2" Community Commercial, "C3" Service Commercial District. The parcels range from approximately 0.44 acres to greater than 32 acres.
* East: The parcel to the east is split-zoned "C2-DR-FF-FW-WW", Community Commercial-Design Review-Floodway Fringe-Floodway-Waterway; "A-FF-FW-RD-WW", Agriculture-Floodway Fringe-Floodway-Waterway-Residential Design Combining-Waterway, and "R1-FF-FW-RD-WW", Single Family Residential-Floodway Fringe-Floodway-Waterway-Residential Design Combining-Waterway.
FIGURE 3 - ZONING OF SITE AND VICINITY
Source: Lake County GIS Mapping 2023
III. PROJECT ANALYSIS
General Plan Conformity
This section is limited to General Plan goals and policies that relate to the addition of APN 014-260-24 for use as an access into the Valley Oaks development.
Goal LU-1: To encourage the overall economic and social growth of the County while maintaining its quality of life standards.
* Policy LU-1.5 Mixed Use Development: The County shall actively support the development of mixed use projects as a means to reduce travel distances and create neighborhood environments that offer a range of residential options.
APN 014-260-24 contains Oak Meadow Drive that provides access into the Valley Oaks development. Valley Oaks is a mixture of commercial and residential development that is undeveloped at present time with the exception of the Grocery Outlet building. The parcel is not proposed to be a development lot; the purpose of this lot is limited to providing an access and eventually for re-channeling Coyote Creek, a seasonal stream and drainage channel in this location.
Middletown Area Plan
Objective 5.1.5 Encourage comprehensive economic development efforts for the long-term benefit of the Planning Area aimed at increasing local employment opportunities.
* Policy 5.1.5c: Increase local employment opportunities in order to provide an adequate number of jobs to support the local population.
This modification is instrumental in providing access into Valley Oaks, a mixed-use development. Future commercial development will bring jobs into this overall area, which will benefit the local population through the purchase of commodities, housing and other local products and employment opportunities for local residents.
Zoning Ordinance Conformity
Article 19, Community Commercial (C2). The purpose of the C2 zoning district is to provide a full range of commercial retail and service establishments to communities.
The affected portion of the project parcel is zoned "C2", Community Commercial; no commercial development is proposed on this parcel. A condition of approval has been added that requires a CEQA review that considers the cumulative impacts of all commercial development prior to any development occurring on the commercially-zoned APN 014-260-36. A re-assessment of the FEIR would be required for new development on APN 014-260-24 prior to any new development other than access and future realignment of Coyote Creek, which will be assessed further at such time when the drainage realignment is imminent.
Article 24, Open Space (O). The purpose of the 'O' zoning district is to provide a zoning district to preserve, protect, and enhance public and private lands for their resource production potential and environmentally sensitive animal and plant habitat; while providing access to publicly owned lands and reducing land use conflicts by limiting uses incompatible with the purposes of this district. The following regulations shall apply in all "O" districts.
The southern portion of APN 014-260-24 across Hartmann Road is zoned 'O', Open Space; this portion of the project parcel is not part of this project.
Article 35, Floodway Combining (FW). The purpose of the Floodway Combining overlay zone is to provide land use regulations for properties situated in floodways, and along creeks and streams to ensure for an adequate open corridor to safeguard against the effects of bank erosion, channel shifts, increased runoff or other threats to life and property; and to prevent property damage and safeguard the health, safety and general welfare of the people by allowing the passage of the one hundred (100) year flood.
The southern portion of APN 014-260-24 is within the Putah Creek floodway, a year-round stream. The portion of APN 014-260-24 located within the floodway is zoned 'O', Open Space, and the portion of the lot that is located in the floodway is not buildable based on current County, State and Federal regulations. The portion of APN 014-260-24 that contains Oak Meadow Drive is located in the AE flood zone but is not within the floodway.
Article 36, Floodway Fringe (FF). The purpose of the Floodway Fringe zoning overlay district is to provide land use regulations for properties and their improvements situated in the floodplain to ensure protection from hazards and damage which may result from flood waters.
The entire APN 014-260-24 is within a mapped flood plain with the southern portion of the lot located in the Putah Creek floodway. Development on that portion of APN 014-260-24 is not proposed.
Article 37 Waterway (WW). The purpose of this zoning designation is to protect, preserve, and restore significant riparian systems, streams and their riparian, aquatic and woodland habitats, including but not limited to protecting water quality; erosion control through best management practices, and protecting the public health and safety.
As previously stated, the southern portion of APN 014-260-24 is within the Putah Creek floodway, a year-round stream. Coyote Creek, an intermittent Class II stream, runs to the north of the road extension for Oak Meadow Drive. No development may occur within the Putah Creek floodway per County, State and Federal Regulations. Coyote Creek, a seasonal water channel, will be realigned at a later date and is not part of this modification proposal.
Article 53, Design Review Combining District (DR). The purpose of the "DR" combining district is to insure aesthetic compatibility between uses, protect and enhance property values, protect scenic qualities, and promote community character through use of community design manuals. This district is intended to be established at the request of an original developer or a substantial segment of the population of an area. Within the "DR" Design Review combining district, all uses of land shall comply with the regulations of the base zoning district and with the additional regulations of "DR" combining district.
No development on APN 014-260-24 is proposed.
IV. ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) guideline Section 15162 requires agencies to evaluate the environmental effects of proposed land use and actions. On March 3, 2020, an Addendum to the FEIR was adopted by the Board of Supervisors in conjunction with the appeal of the major use permit for Grocery Outlet. This Addendum included the access that connects Hartmann Road with Oak Meadow Drive, and which leads into the commercial portion of the Valley Oaks Development.
When making a determination that an EIR may be changed through an Addendum, the following requirements must be addressed.
15164. ADDENDUM TO AN EIR OR NEGATIVE DECLARATION
(a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.
(b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
(c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
(d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project.
(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. (CEQA Guidelines 2023).
An addendum to the Final Environmental Impact Report (FEIR) was prepared by the County for the Grocery Outlet store. The Addendum referenced the site plans submitted for Grocery Outlet, which included the access that is under consideration in this modification. The Board of Supervisors adopted the Addendum when the Major Use Permit appeal was denied by the Board of Supervisors.
CEQA section 15162 lists four conditions that would cause the project to need a new EIR rather than an Addendum. These four conditions involve significant changes to a project that might further impact sensitive species. The lead agency, Lake County, has the ability to determine whether the CEQA evaluation needs to rise to the level of a new EIR, an Addendum to an EIR, a Negative Deciaration, or if no further CEQA review is necessary. In this case the road was evaluated under the Addendum to the original FEIR for Valley Oaks.
Subsection (c) is primarily advisory regarding procedure.
The Board of Supervisors is being asked to adopt the previously-adopted Addendum to CEQA that accompanied the Grocery Outlet major use permit, UP 19-09.
The addendum contains a description on the decision not to prepare a subsequent EIR for Grocery Outlet, as well as for the Oak Meadow Drive access.
Recommended Action
Staff recommends that the Board of Supervisors:
Adopt the Addendum to the FEIR and approve the Modification (MMU 22-01) to Subdivision (SD 06-01) with the original and modified conditions of approval.
Sample Motion:
Adoption of FEIR Addendum
I move that the Board of Supervisors adopt the Addendum to the Final Environmental Impact Report based on findings in the Memorandum for MMU 22-01 dated November 7, 2023.
Approval of the Modification (MMU 22-01)
I move that the Board of Supervisors approve the Modification (MMU 22-01) to Tentative Vesting Subdivision for Valley Oaks (SD 06-01) based on the findings and subject to the conditions in the Staff Memorandum dated November 7, 2023.
On motion of Supervisor Simon, and by vote of the Board, moved to adopt the Addendum to the Final Environmental Impact Report based on findings in the Memorandum for MMU 22-01 dated November 7, 2023 including the findings on Page 7 of the staff report dated June 8, 2023. 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, moved that the Board of Supervisors approve the Modification (MMU 22-01) as amended to Tentative Vesting Subdivision for Valley Oaks (SD 06-01) based on the findings and subject to the conditions in the Staff Memorandum dated November 7, 2023 including the findings on Pages 7 and 8 of the staff report dated June 8, 2023. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Crandell, and Pyska
Nays- Supervisor: 1 - Green
Clerk’s notes: Community Development Director Mireya Turner introduced the item to the Board. Associate Planner Eric Porter presented the item to the Board. Applicant Rick Tooker, Deputy County Counsel Nicole Johnson, and County Counsel Lloyd Guintivano.
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. Non-Timed Items
7.1Supervisors’ weekly calendar, travel and reports
7.2Consideration of Holiday Greeting Cards for the Board of Supervisors to send to Lake County Troops in an amount not to exceed $600 and authorize County Administrative Officer or designee to purchase
Action Item
Staff memo
Executive Summary
This is a request for the purchase of holiday greeting cards to send to Lake County troops stationed away from their home. This time of year can prove to be extremely difficult for those members of the military that serve their country and are stationed away from their home and families around the holiday season. These cards will be a reminder that we appreciate their service and are thinking of them during this time.
Operation Tango Mike, whose mission is to send support and care packages to our troops, will include these cards in the Holiday packages.
Recommended Action
Approve the purchase of Holiday Greeting Cards for the Board of Supervisors to send to Lake County Troops in an amount not to exceed $600 and authorize County Administrative Officer or designee to purchase.
| Estimated Cost | $600 |
|---|---|
| Amount Budgeted | $600 |
| Additional Requested | $0 |
There was Board Consensus to contribute private funds from each Supervisor for the purchase of holiday cards for Lake County Troops.
Clerk’s notes: Chair Pyska and Supervisor Crandell presented the item to the Board.
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.
7.3Consideration of Proposed 2024 Board of Supervisors Regular Meeting Calendar
Action Item
Motion carried
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
Attached hereto, please find the proposed Board of Supervisors 2024 regular meeting calendar. The Annual Governance Workshop has been scheduled for Tuesday, January 30, 2024 (fifth Tuesday).
Meeting dates related to the Annual Budget are as follows:
* Mid-Year Budget - February 6, 2024
* Budget Hearings - June 26 & 27, 2024
* Final Budget - September 24, 2024
Recommended Action
I recommend your Board approve the proposed 2024 Board of Supervisors Regular Meeting Calendar, as presented.
On motion of Supervisor Simon, and by vote of the Board, approved the Proposed 2024 Board of Supervisors Meeting Calendar with amendments to change the January 30, 2024 governance meeting to January 23, 2024 and the Recommended Budget Hearing to June 20-21, 2024. 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. Deputy County Administrative Officer Casey Moreno 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 (a) Board Appointment of the 2024 Rural County Representatives of California (RCRC), Delegate and Alternate; (b) Board Appointment of the 2024 Golden State Connect Authority (GSCA) Board of Directors, Delegate and Alternate; (c) Board Appointment of the 2024 Golden State Finance Authority (GSFA) Board of Directors, Delegate and Alternate; and (d) Board Appointment to the 2023 RCRC Environmental Services Joint Powers Authority (ESJPA) Board of Directors, Delegate and Alternate
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 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
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 Rural County Representatives of California (RCRC) requests that your Board designate your delegate and alternate for the RCRC Board of Directors for 2024. Similarly, RCRC is requesting that your Board designate your delegate and alternate for the Golden State Finance Authority (GSFA) Board of Directors for 2024, your delegate and alternate for the California Golden State Connect Authority (GSCA) Board of Directors for 2024 and your delegate and alternate to the Board of Directors for 2024 RCRC Environmental Services Joint Powers Authority (ESJPA). See attached memos from RCRC for additional information.
The current members for the RCRC Boards are as follows:
(a) RCRC Board of Directors: Delegate - Supervisor Crandell; Alternate - Supervisor Pyska
(b) RCRC Golden State Finance Authority: Delegate - Supervisor Crandell; Alternate - Supervisor Pyska
(c) RCRC Golden State Connect Authority JPA: Delegate - Supervisor Crandell; Alternate - Supervisor Pyska
(d) RCRC Environmental Services JPA: Delegate - Supervisor Simon; Alternate - Public Services Director, Lars Ewing
Recommended Action
(a) Appoint delegate and alternate to RCRC Board of Directors for 2024.
(b) Appoint delegate and alternate to GSFA Board of Directors for 2024.
(c) Appoint delegate and alternate to GSCA Board of Directors for 2024.
(d) Appoint delegate and alternate to ESJPA Board of Directors for 2024.
On motion of Supervisor Sabatier, and by vote of the Board, appointed Supervisor Crandell as the Delegate and Supervisor Pyska as the alternate to the 2024 Rural County Representatives of California (RCRC). 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 Supervisor Crandell as the Delegate and Supervisor Pyska as the alternate to the 2024 Golden State Connect Authority (GSCA) Board of Directors. 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 Supervisor Crandell as the Delegate and Supervisor Pyska as the alternate to the 2024 Golden State Finance Authority (GSFA) Board of Directors. 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 Supervisor Simon as the Delegate and Public Services Director Lars Ewing as the alternate to the Environmental Services Joint Powers Authority (ESJPA) 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.
7.5Consideration of Appointments of a Director and Alternate to the California State Association of Counties (CSAC) Board of Directors for 2024
Action Item
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
Under provisions of the CSAC Constitution, members of the Board of Directors and alternates are elected by their respective Board of Supervisors to one-year terms of office commencing with the first official meeting of the CSAC annual conference. Any member of your Board of Supervisors is eligible for directorship.
Please note that if we do not receive your 2023-2024 nomination, your current Board representative will continue to serve on our Board of Directors. It is important to note that counties have the ability to change Board representatives and/or alternates at any point throughout the year subject to final appointment by the CSAC Executive Committee.
Enclosed is a list of current directors, along with a form for use in notifying us of your Board's
nomination.
See attached memo from CSAC for additional information.
Recommended Action
Appoint Board representatives as Director and Alternate to CSAC Board of Directors for 2024.
On motion of Supervisor Green, and by vote of the Board, appointed Supervisor Sabatier as the Primary and Supervisor Pyska as the Alternate to the California State Association of Counties (CSAC) Board of Directors for 2024. 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.
7.6Consideration of Appointment to the Lake County Vector Control District Board of Trustees
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
Please appoint Frank Lincoln to the Lake County Vector Control District Board of Trustees to fill the vacancy from the retirement of Chuck Leonard.
Recommended Action
Appoint Frank Lincoln to the Lake County Vector Control District Board of Trustees
On motion of Supervisor Green, and by vote of the Board, appointed Frank Lincoln to the Lake County Vector Control District Board of Trustees. 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.
7.7Consideration of Proposed Findings of Fact and Decision in the Appeal of Scotts Valley Energy Corporation (AB 23-01)
Action Item
Motion carried
Carried 4-0 — moved by Sabatier
Crandell: abstain Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: abstain Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
Pursuant to your Board's Statement of Intended Decision in the above matter on September 19, 2023, I have prepared the attached Findings of Fact and Decision. On September 19, 2023, your Board determined, by a vote of four to zero with one recusal, to grant this appeal in part.
If the Findings of Fact are acceptable to you, I would recommend that you take the following two actions:
Recommended Action
1. Move to approve the Findings of Fact and Decision and authorize the Chair to Sign; and
2. Move to grant the appeal in part with Condition No. III.4 to Parcel Map (PM 22-02) amended to state: "Prior to the recording of the final map, developer shall submit payment to the Department of Public Works for the half width of Red Hills Road, a County-maintained road, improvements to conform to the Lake Road Design and Construction Standard 200-A, Minor Arterial Road, or complete the required improvements."
On motion of Supervisor Sabatier, and by vote of the Board, continued the item to the November 28, 2023 Board of Supervisors Meeting at 11:00 A.M. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Green, and Pyska
Recused- Supervisor: 1 - Crandell
Clerk’s notes: Supervisor Crandell recused himself from the item. County Counsel Lloyd Guintivano presented the item to the Board. Community Development Mireya Turner spoke.
Chair Pyska asked if anyone present wished to speak and the following person present in the Board of Supervisors Chambers spoke: Tom Jordan. No one else wished to speak and the public input portion of this item was closed.
7.8Consideration of National Association of County and City Health Officials (NACCHO) Funding Opportunity to Promote Harm Reduction and Strategic Patient-Centered Care
Action Item
Motion carried
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
The Health Services Department recently became aware of a funding opportunity made available by the National Association and County and City Health Officers (NACCHO). If awarded, the $60,000 grant would facilitate focused academic work and training for healthcare providers and Emergency Services personnel in the following areas:
* Identification of harm reduction opportunities, using a patient-centered approach that promotes trauma-informed care;
* Promotion of provider engagement in harm reduction approaches, open discussion with patients on substance use, and strategically responsive supports;
* Strengthening of patient-provider relationships, empowering patients and providing low-barrier, welcoming and productive care.
This will be accomplished by partnering with Health Care Coalition members (e.g., local healthcare providers, hospitalists and Emergency Medical Services personnel) to raise awareness of the role of buprenorphine prescription in harm reduction, Narcan access, and how substance abuse-related stigma and burnout may affect optimal patient care.
Bolstering these relationships and enhancing supports available to healthcare providers and first responders will benefit every Lake County resident.
For your Board's situational awareness, Health Services staff became aware of this opportunity in the time since your last Regular Meeting, and the application deadline was Monday, November 6 (yesterday). Therefore, with the unanimous support of the departmental leadership team, the application was proactively developed and submitted.
It remains possible to withdraw our application, if your Board finds it necessary. However, the Health Services team recommends you instead affirm your support for pursuit of this funding opportunity, and Authorize the Health Services Director, Public Health Officer and/or their Designee(s) to execute all documents related to this funding opportunity, should the grant be awarded.
Recommended Action
By consensus, affirm your Board's support for Health Services' pursuit of this funding opportunity, and Authorize the Health Services Director, Public Health Officer and/or their Designee(s) to execute all documents related to this funding opportunity, should the grant be awarded. (No Resolution was required for grant application submittal)
There was Board consensus affirming Health Services pursuit of funding opportunities.
On motion of Supervisor Simon, and by vote of the Board, Authorized the Health Services Director, Public Health Officer, and/or designee to execute all documents related to obtaining the funding opportunity under the grant. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: Deputy Public Health Director Kim Tangerman 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. 10:00 A.M. Assessment Appeal Hearing - Sitting as the Board of Equalization
8.1Consideration of Withdrawal on the following Assessment Appeal Applications: a) No. 12-2022 Charles Bellig; and b) 18-2022 Lora Parrish; and c) 01-2022 Yvonne & Richard Riba; and d) 14-2021 Safeway
Action Item
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
On motion of Commissioner Sabatier, and by vote of the Commission, approved withdrawal of the Assessment Appeals including a) No. 12-2022 Charles Bellig; and b) 18-2022 Lora Parrish; and c) 01-2022 Yvonne & Richard Riba; and d) 14-2021 Safeway. The motion carried by the following vote:
Ayes- Commissioners: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: Assistant Assessor-Recorder Dave Schwenger presented the item to the Board.
8.2Consideration of Stipulation on the following Assessment Appeal Applications: a) No. 03-2022 Elizabeth Robinson; and b) 08-2022 Lyne Lajeunesse; and c) 04-2022 through 07-2022 Jessica Spencer; and d) 17-2022 Jason Tapia; and e) 13-2021 Safeway; and f) 13-2022 Subba and Nirmala Naidu
Action Item
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
On motion of Commissioner Sabatier, and by vote of the Commission approved the stipulation on the following assessment appeal applications 03-2022 Elizabeth Robinson, 08-2022 Lyne Lajeunesse, 04-2022 through 07-2022 Jessica Spencer, 17-2022 Jason Tapia, 13-2021 Safeway, 13-2022 Subba and Nirmala Naidu. The motion carried by the following vote:
Ayes- Commissioners: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: Assistant Assessor Recorder David Schwenger presented the item to the Board. Appellant Jason Tapia spoke.
8.3Consideration of Request by the Appellant to Continue the following Assessment Appeal Applications: a) No. 14-2022 Douglas Messick; and b) 19-2022 Stephen & Diane Holmstrom; and c) 16-2021 Tesla Energy; and d) 02-2022 Good Vibes Only LLC; and e) 22-2021 Worldmark to the May 14, 2024 Board of Supervisors Meeting at 10:00 A.M.
Action Item
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
On motion of Commissioner Sabatier, and by vote of the commission, approved continuation on the following Assessment Appeal Applications 14-2022 Douglas Messick, 19-2022 Stephen & Diane Holmstrom, 16-2021 Tesla Energy, 02-2022 Good Vibes Only LLC, 22-2021 Worldmark to the May 14, 2024 Board of Supervisors Meeting at 10:00 A.M. The motion carried by the following vote:
Ayes- Commissioners: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: Assistant Assessor-Recorder David Schwenger presented the item to the Board.
8.4Consideration to Deny Assessment Appeal Application No. 20-2022 Quail Run Fitness for Failure to Return Notice of Hearing
Action Item
Motion carried
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
The Notice of Hearing was sent in a timely manner via Certified Mail by the Clerk of the Board on September 15, 2023. The notice was returned by USPS and indicated that the notice was unable to be forwarded to a new address.
An attempt to contact the applicant by the phone number listed was not successful and did not allow voicemail to request a call back.
I request the appeal be denied due to lack of response from the applicant despite making multiple attempts to contact them.
Recommended Action
Deny Assessment Appeal Application No. 20-2022 Quail Run Fitness for Failure to Return Notice of Hearing.
On motion of Commissioner Simon, and by vote of the Commission, denied Assessment Appeal Application No. 20-2022 Quail Run Fitness for Failure to Return Notice of Hearing. The motion carried by the following vote:
Ayes- Commissioners: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: Assistant Assessor-Recorder David Schwenger presented the item to the Board.
8.5Consideration of Timeliness of Assessment Appeal Applications 15-2022 and 16-2022 Javier Villalobos
Action Item
Motion carried
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
Supplemental Assessment filing dates are within 60 days after the date printed on the supplemental notice or its postmark date, whichever is later. If such notice is not received within 15 days of the deadline filing date, or the property is in a county that allows for the tax bill to serve as the notice, the filing date is within 60 days of the date printed on the supplemental tax bill or its postmark date, whichever is later.
On the submitted appeal applications Mr. Villalobos indicated that the postmark date for the supplemental assessment notice was approximately 50 days past the date listed on the notice. Since a scanned copy of the envelope with the August 10, 2022 postmark date was not provided during filing, I am requesting that the Board determine if the appeal was filed timely.
If it is determined that that appeal was filed timely, either the Assessor's Office or the Applicant can request that both appeal applications be considered on May 14, 2024 to allow for time to prepare, or the appeals can be taken up at this meeting.
If it is determined that the appeals were not filed in a timely manner, the appeals can be denied due to timeliness.
Recommended Action
Determine if assessment appeal applications were filed timely.
On motion of Commissioner Simon, and by vote of the Commission, continued the appeal to May 14, 2024 at 10:00 A.M. The motion carried by the following vote:
Ayes- Commissioners: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: Assistant Assessor-Recorder David Schwenger presented the item to the Board. Appellant Javier Villalobos spoke.
8.6Consideration of the following Assessment Appeal Application: No. 09-2022 - Grauf
Action Item
Motion carried
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
On motion of Commissioner Simon, and by vote of the Board, denied Assessment Appeal Application: No. 09-2022 Grauf. The motion carried by the following vote:
Ayes- Commissioners: 5 - Simon, Sabatier, Crandell, Green, and Pyska
Clerk’s notes: Assistant Assessor-Recorder David Schwenger presented to the Board. Appellant Derek Grauf spoke.
9. Closed Session
9.1Conference with Legal Counsel: Existing litigation pursuant to Government Code section 54956.9 (d)(1): Earthways Foundation, Inc. v. County of Lake, et al
Closed Session Item
9.2Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code sec. 54956.9 (d)(1) – McCormick v. California Public Employees’ Retirement System, et al.
Closed Session Item
9.3Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code sec. 54956.9 (d)(1) – FERC Project No. 77, Potter Valley Hydroelectric Project
Closed Session Item