Board Of Supervisors — Tuesday, February 6, 2024
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To submit a written comment on any agenda item please visit: https://countyoflake.legistar.com/Calendar.aspx and click on the eComment feature linked to the meeting date. If a comment is submitted after the meeting begins, it may not be read during the meeting but will become a part of the record.
Thank you for your interest in this meeting.
1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Consideration of Extra Items Not Appearing on the Posted Agenda
4.1EXTRA ITEM: (a) Consideration of "extra" agenda item, and, (b) Consideration of Ratification of a Local Emergency by the Lake County Sheriff/OES Director for the 2024 Late January, Early February Winter Storms
Resolution
Motion carried · 2 motions
Carried 5-0 — moved by Pyska
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 Pyska
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: 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) Consideration of Ratification of the Declaration of a Local Emergency by the Lake County Sheriff/OES Director for the 2024 Late January, Early February Winter Storms.
Section 6-5 of the Lake County Code empowers the Director of Emergency Services to declare 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 February 5, 2024, the Lake County Sheriff/OES Director declared an emergency due to the 2024 Late January, Early February Winter Storms and ratification by the Lake County Board of Supervisors is needed.
Recommended Action
(a) I request that the Board take action by motion to accept this item for consideration as an "extra" agenda item.
(b) Offer the resolution confirming the existence of a local emergency
On motion of Supervisor Pyska, and by vote of the Board, approved the extra item as it came up after the posting of the agenda and needs to be taken up before the next available agenda. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Supervisor Pyska offered the resolution and it passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
On motion of Supervisor Pyska, and by vote of the Board, ratified the emergency proclamation. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: a) Lieutenant Gavin Wells presented the item to the Board. County Counsel Lloyd Guintivano spoke.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
b) Lieutenant Gavin Wells presented the item to the Board.
Chair Sabatier 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
5.1Adopt Proclamation Designating the Month of February 2024 as Black History Month and Celebrating Martin Luther King Jr.'s Birthday
Proclamation
passed on consent
5.2Approve Continuation of Emergency Proclamation Declaring a Shelter Crisis in the County of Lake
Proclamation
passed on consent
Staff memo
Executive Summary
The Board of Supervisors originally approved an emergency declaration for shelter crisis on January 24, 2023. The proclamation cited the lack of beds available for those experiencing homelessness and would assist in allowing shelters to continue as well as new shelters to be initiated.
Due to the fact that the original proclamation discussed rain and snow as being part of the reason for declaring an emergency, a revised version of the emergency declaration is being brought back to the board to approve with revised recitals.
We are still short of beds needed to provide shelter for all of those who are experiencing homelessness. However, great strides are being made at both Behavioral Health and the Continuum of Care with the support of the Board of Supervisors to make progress in what is available.
Recommended Action
Approve Continuation of Emergency Proclamation Declaring a Shelter Crisis in the County of Lake
5.3Approve 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
5.4Approve Continuation of an Emergency Declaration for Drought Conditions
Action Item
pulled on consent
Motion carried
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
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.
On motion of Supervisor Simon, and by vote of the Board, Approved Continuation of an Emergency Declaration for Drought Conditions. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Crandell, Pyska, and Sabatier
Nays- Supervisor: 1 - Green
Clerk’s notes: Supervisor Green presented the item to the Board.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.5Approve 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
5.6Approve Continuation of Proclamation declaring a Clear Lake Hitch Emergency
Proclamation
pulled on consent
Motion carried
Carried 5-0 — moved by Pyska
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
This Proclamation was adopted February 7, 2023.
Recommended Action
Approve Continuation of Proclamation declaring a Clear Lake Hitch Emergency
| Additional Requested | $100,000 |
|---|
On motion of Supervisor Pyska, and by vote of the Board, approved Continuation of Proclamation declaring a Clear Lake Hitch Emergency. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Supervisor Pyska introduced the item to the Board.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.7Approve Change of Category for Ag Advisory Committee Member Pat Scully From Crop Grower to Ag Processor.
Action Item
passed on consent
Staff memo
Executive Summary
Due to the limited number of Ag Processors in Lake County, I would like to ask the Board to change the category for Lake County Ag Advisory Committee member, Pat Scully, from Crop Grower to Ag Processor. Mr. Scully is with Scully Packing Company and this change would fill an Ag Processor vacancy.
Recommended Action
Approve Change of Category for Ag Advisory Committee Member Pat Scully From Crop Grower to Ag Processor
5.8Approve travel exceeding 1,500 miles for Jenavive Herrington, Auditor Controller/Clerk, to attend the Annual GFOA Conference in Orlando, Florida, from June 7-13, 2024
Action Item
passed on consent
Staff memo
Executive Summary
The Auditor's Office is requesting approval to send Ms. Herrington to the annual Government Finance Officers Association (GFOA) conference in June 2024. GFOA represents the entire United States and Canada. This annual conference is held in a different state each year, and it provides detailed training regarding federal, state/provincial, and local finance. The Auditor plans to attend each year because it is an opportunity to receive a wide breadth of training, CPE, and networking all within a one-week event. Although this training requires out-of-state travel, the benefit far outweighs any additional cost due to the event location.
Therefore, pursuant to 1.6 E of the County of Lake Travel Policy, we request your Board approve travel exceeding 1,500 miles, to facilitate Ms. Herrington accessing this valuable training conference.
Recommended Action
Approve travel exceeding 1,500 miles for Jenavive Herrington, Auditor Controller/Clerk, to attend the Annual GFOA Conference in Orlando, Florida,
from June 7-13, 2024.
5.9Approve California Mental Health Services Authority Participation Agreement for Data Archive Solution in the amount of $58,704.00 for Fiscal Year 2023-26 and Authorize the Board Chair to Sign.
Agreement
pulled on consent
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
As promised, the California Mental Health Services Authority (CalMHSA) has developed a data archive solution for counties that migrated to the Semi-Statewide Enterprise Health Record. This solution will migrate all our existing electronic health records into a electronic store warehouse that can be accessed by the current electronic health record. This will complete the final phase of retiring the old electronic health record, Anasazi.
This is exempt from competitive bidding as CalMHSA is a sole-source provider of this service and functionality.
Recommended Action
Approve California Mental Health Services Authority Participation Agreement for Data Archive Solution in the amount of $58,704.00 for Fiscal Year 2023-26 and Authorize the Board Chair to Sign.
| Estimated Cost | $58,704 |
|---|---|
| Amount Budgeted | $58,704 |
On motion of Supervisor Green, and by vote of the Board, Waived the competitive bidding process on the basis of Lake County Code Section 2-38.5. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
On motion of Supervisor Green, and by vote of the Board, Approved California Mental Health Services Authority Participation Agreement for Data Archive Solution in the amount of $58,704.00 for Fiscal Year 2023-26 and Authorized the Board Chair to Sign. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Behavioral Health Director Elise Jones presented the item to the Board. County Counsel Lloyd Guintivano spoke.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.10Approve Agreement Between County of Lake and Health Management Associates for Support Services for Consulting Services in the amount of $44,551 for Fiscal Year 2023-24 and Authorize the Board Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
Lake County Behavioral Health Services issued a request for proposals on September 19, 2023. Two proposals were received, reviewed, and scored by the selection panel. The panel scored the proposal from Health Management Associates the highest and unanimously endorsed their award. The contract now before the Board captures the work needed to develop a robust and comprehensive Opioid Settlement Funds expenditure plan.
Recommended Action
Approve Agreement Between County of Lake and Health Management Associates for Support Services for Consulting Services in the amount of $44,551 for Fiscal Year 2023-24 and Authorize the Board Chair to Sign.
| Estimated Cost | $44,551 |
|---|---|
| Amount Budgeted | $50,000 |
5.11Approve Agreement Between County of Lake and Victor Treatment Centers for Specialty Mental Health Services in the amount of $50,000 for Fiscal Year 2023-24 and Authorize the Board Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
Victor Treatment Centers operates many facilities for youth, including Short Term Residential Treatment Programs. A youth was placed in this facility in partnership with Child Welfare Services and as the Mental Health Plan Lake County Behavioral Health Services is responsible for the cost, which is Medi-Cal reimbursable.
Recommended Action
Approve Agreement Between County of Lake and Victor Treatment Centers for Specialty Mental Health Services in the amount of $50,000 for Fiscal Year 2023-24 and Authorize the Board Chair to Sign.
| Estimated Cost | $50,000 |
|---|---|
| Amount Budgeted | $50,000 |
5.12Approve Agreement Between County of Lake and Sutter Center Psychiatry for Acute Inpatient Psychiatric Hospital Services and Professional Services With Acute Inpatient Psychiatric Hospitalizations in the amount of $50,000 for Fiscal Year 2023-24 and Authorize the Board Chair to sign.
Agreement
passed on consent
Staff memo
Executive Summary
Lake County Behavioral Health Services continues to place clients for Acute Psychiatric Services at Sutter Psychiatric facilities. LCBHS conducted a Request for Qualifications with Sutter to ensure they remain in good standing to provide continued services.
Recommended Action
Approve Agreement Between County of Lake and Sutter Center Psychiatry for Acute Inpatient Psychiatric Hospital Services and Professional Services With Acute Inpatient Psychiatric Hospitalizations in the amount of $50,000 for Fiscal Year 2023-24 and Authorize the Board Chair to sign.
| Estimated Cost | $50,000 |
|---|---|
| Amount Budgeted | $50,000 |
5.13Approve Amendment No. 3 to the Agreement Between the County of Lake and The Lake County Office of Education for the Mental Health Student Services Act Grant Program in the amount of $1,337,266.83 for Fiscal Years 2021-26 and Authorize the Board Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
This Amendment captures the working budget for the Mental Health Student Services Act Grant Program for FY 2023-24. The budget has already been approved by the Mental Health Services Oversight and Accountability Commission, who are the funders.
Recommended Action
Approve Amendment No. 3 to the Agreement Between the County of Lake and The Lake County Office of Education for the Mental Health Student Services Act Grant Program in the amount of $1,337,266.83 for Fiscal Years 2021-26 and Authorize the Board Chair to Sign.
| Estimated Cost | $1,337,266.83 |
|---|---|
| Amount Budgeted | $1,337,266.83 |
5.14Approve Board of Supervisors Minutes December 8, 2023, December 12, 2023, December 19, 2023, and January 23, 2024
Action Item
passed on consent
5.15(a) Adopt Resolution Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments thereto from the 2023-2024 funding year of the State CDBG Mitigation (CB+DBG-MIT) Resilient Planning and Public Services (MIT-PPS) Program; and (b) Authorize Community Development Department (CDD) Director to submit the grant application
Resolution
passed on consent
Staff memo
Executive Summary
The Community Development Department intends to apply for $1,000,000 to HCD's CDBG MIT - Planning and Public Services Grant to support a Code Enforcement Mitigation Team.
The Code Enforcement Division proposes to use grant funds to create a Two Officer Mitigation Team - who will focus on hazardous vegetation and sub-standard housing mitigation, directly related to fire prevention and housing loss due to fire, flood, and earthquake events. This grant would fund the positions for three years.
The Code Enforcement Division currently employs four Code Officers, two assigned to traditional cases (i.e. illegal dumping, nuisance abatement through our Road Map Task Force program), two assigned to illegal cannabis cases (grant-funded) and a Code Enforcement Program Supervisor who handles abandoned vehicles and hazardous vegetation (in Riviera communities only). The division also employees a Code Enforcement Manager who supervises the officers and works the most complex, high-profiles cases and handles litigation. By recruiting, hiring and training two officers dedicated to mitigation effort, Code Enforcement will be able to make an impact on fire prevention and disaster recovery.
The Code Enforcement Mitigation team will assess the community and develop cases from community complaints, focusing their case management on hazardous vegetation education, noticing and abatement; as well as sub-standard housing violations, education, and connection to County rehabilitation funds. Staff will track our cases through data tracking software, review data monthly and report as required. Staff will assess administrative penalties and liens to property owners to recover our costs (according to current county ordinance). As with all our Code Enforcement work, we will first for property owner compliance with county code. We will educate property owners about their responsibilities, and encourage everyone to bring their property into compliance voluntarily. For sub-standard housing cases, our team will encourage and connect residents with the County's Housing Rehabilitation Fund (currently under development).
There is no match requirement for this grant. The grant application narrative and resolution are included as Attachments 1 and 2.
Recommended Action
(a) Adopt Resolution Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments thereto from the 2023-2024 funding year of the State CDBG Mitigation (CB+DBG-MIT) Resilient Planning and Public Services (MIT-PPS) Program; and (b) Authorize Community Development Department (CDD) Director to submit the grant application.
5.16Approve Purchase of one (1) Vehicle for Code Enforcement from Ford Corning, in the amount of $47,743.85, and authorize Community Development Director to issue Purchase Order
Action Item
passed on consent
Staff memo
Executive Summary
Code Enforcement requests Board approval for the purchase of a new Code Enforcement vehicle, a 2024 Ford Explorer in the amount of $47,743.85. Pursuant to Lake County Code Chapter 2-39.1 (c), expenditures in excess of twenty-five thousand dollars ($25,000.00), but not exceeding fifty thousand dollars ($50,000.00) are presented to the Board for approval.
On June 6, 2023, the Board of Supervisors authorized a resolution for program funding for the Proposition 64 Health and Safety Grant (hereinafter, Grant), which funds are utilized to support cannabis code enforcement. As part of the authorized grant, Code Enforcement budgeted for and received approval from the California Board of State and Community Corrections for the purchase of two (2) new vehicles. At this time, Code Enforcement is only purchasing one vehicle. Code Enforcement transacted the solicitation and purchase through Public Works, Fleet Maintenance, where three (3) quotes were obtained from vendors. The lowest and selected quote for Board approval was received from Ford Corning.
Recommended Action
Approve Purchase of one (1) Vehicle for Code Enforcement from Ford Corning in the amount of $47,743.85, and authorize Community Development Director to issue Purchase Order.
5.17(a) Waive the Competitive Bidding Process pursuant to section 2-38.2(2) as it is not in the public’s interest due to the unique nature of the goods or services; and (b) Approve Agreement between the County of Lake and ExamWorks, LLC for independent Medical Examinations and Peer Review Services with an amount not to exceed $25,000 per fiscal year and authorize the Chair to sign
Action Item
passed on consent
Staff memo
Executive Summary
It is the County of Lake's responsibility to determine an industrial disability retirement in accordance with Government Code sections 21154 and 21156. Disability and industrial disability determination for safety employees is made by the local safety agency. Exam Works, LLC will facilitate medical assessment services including but not limited to independent medical examinations and peer review services to obtain competent medical opinion. This will help the County of Lake determine if an Industrial Disability Retirement should be approved or denied. Exam Works has different specialist doctors and multiple locations in California.
Additionally, this vendor is closest to proximity to the County of Lake.
Attached for your Board's consideration is the agreement with ExamWorks, LLC
Recommended Action
(a) Waive the Competitive Bidding Process pursuant to section 2-38.2(2) as it is not in the public's interest due to the unique nature of the goods or services; and (b) Approve Agreement between the County of Lake and ExamWorks, LLC for Independent Medical Examinations and Peer Review Services with an amount not to exceed $25,000 per fiscal year and authorize the Chair to sign.
5.18Approve purchase order to AMS.net in the amount of $39,709.10 for Verkada camera system for the Lake County Library and Authorize the IT Director to sign the purchase order
Action Item
passed on consent
Staff memo
Executive Summary
The Lake County Library wishes to purchase a security camera system for each library branch. An RFP was issued for this purchase, and a vendor was selected by the committee.
Funding for this purchase is provided partially by the California State Library Building Forward Library Infrastructure Grant Program.
We are requesting your Board's permission to issue a purchase order to AMS.net for the purchase of the Verkada camera system in the amount of $39,709.10.
Recommended Action
Approve purchase order to AMS.net in the amount of $39,709.10 for Verkada camera system for the Lake County Library and Authorize the IT Director to sign the purchase order
5.19Approve the addition of a fixed asset titled ‘Network Datacenter Switches’ in 2023-2024 Capital Asset Listing in the amount of $24,865.95 and lower ‘Dell PowerEdge servers’ fixed asset by same amount
Agreement
passed on consent
Staff memo
Executive Summary
The Information Technology Department was allocated $100,000 for server replacements in our datacenter this fiscal year. We have purchased the servers, and have leftover funding that we would like to use for networking infrastructure upgrades to support the server connections. We have received a quote for a suitable network switch configuration that will integrate well and provide performance benefits.
We are requesting that your Board approve the addition of a fixed asset titled 'Network Datacenter Switches.' The cost of the item is $24,865.95. There are sufficient funds in account 001-1904-719.62-71 to cover this purchase; no additional funds are being requested. The purchase would be made using a competitive 'piggyback' contract vehicle.
Recommended Action
Approve the addition of a fixed asset titled 'Network Datacenter Switches' in 2023-2024 Capital Asset Listing in the amount of $24,865.95 and lower 'Dell PowerEdge servers' fixed asset by same amount.
5.20Approve Inspection Agreement with Kelseyville Christian Academy and Authorize the Chair to sign.
Agreement
passed on consent
Staff memo
Executive Summary
Pursuant to the County's approval of a Major Use Permit (MUP 21-52) for Kelseyville Christian Academy, Assessor's Parcel No. 008-061-72, the Department of Public Works intends to provide engineering services for the review of plans and specifications and the inspection of work. The attached agreement will provide for payment by the Developer for all costs of services provided by the County.
The location of the subject project is: 5808 Live Oak Drive, Kelseyville
Description of project is: Construction of frontage improvements along Live Oak Drive.
Recommended Action
We hereby request the Board of Supervisors authorize the Chair to sign the attached Inspection Agreement.
5.21Approve Plans and Specifications for the Nice-Lucerne Cutoff Asphalt Rehabilitation Project; State Project No: CRASL-5914(126), Bid No. 24-16
Action Item
passed on consent
Staff memo
Executive Summary
The Plans and Specifications for the Nice-Lucerne Cutoff Asphalt Rehabilitation Project are complete, and a copy has been filed with the Clerk of the Board.
The construction estimate is approximately $222,919.17.
The California Department of Transportation (Caltrans) provides funds to eligible projects through the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) and STIP COVID Funds. Therefore, this project is 92% funded for construction with State funds, and a local match of 8% will be provided by the Road Department to cover additional construction costs.
Recommended Action
Staff recommends that the Board of Supervisors approve the Plans and Specifications and authorize the Public Works Director / Assistant Purchasing Agent to advertise for bids once authorization to proceed with construction phase is received from Caltrans.
5.22Approve Plans and Specifications for the Hill Road PM 7.75 Landslide Repair Project; Bid No. 24-19, Federal Aid Project No: ER-(078)
Action Item
passed on consent
Staff memo
Executive Summary
The Plans and Specifications for the Hill Road PM 7.75 Landslide Repair Project are complete, and a copy has been filed with the Clerk of the Board.
The construction estimate is approximately $4,005,527.00.
The California Department of Transportation (Caltrans) provides funds to eligible projects through the Emergency Relief Program (ER). Therefore, this project is 100% funded for construction with Federal and State funds.
Recommended Action
Staff recommends that the Board of Supervisors approve the Plans and Specifications and authorize the Public Works Director / Assistant Purchasing Agent to advertise for bids once authorization to proceed with construction phase is received from Caltrans.
5.23Approve the Supplemental Services Agreement Number 4 between the County of Lake and Armstrong Consultants for consulting services related to Lampson Airfield and authorize the Chair to sign the Agreement
Agreement
passed on consent
Staff memo
Executive Summary
On October 18th, 2022, your Board approved Supplemental Services Agreement (SSA) #2 with our airport consultant, Armstrong Consultants, to perform preliminary engineering services related to a potential Hangar Development Project at Lampson Field Airport. The consultant has been working diligently on the project and both of us inadvertently missed the expiration of that contract, which was one year from the date of approval or October 18, 2023. After conferring with County Counsel, we were advised to create a new Agreement that incorporated all of the work scope of the expired SSA, and specify an "effective date" to ensure the Consultant's eligibility for reimbursement is uninterrupted. A copy of the new Agreement is attached for your information.
Recommended Action
Staff recommends that the Board of Supervisors Approve the Supplemental Services Agreement Number 4 between the County of Lake and Armstrong Consultants for consulting services related to Lampson Airfield and authorize the Chair to sign the Agreement.
5.24(Sitting as the Board of Directors, Lake County Watershed Protection District) Approve Agreement between the Lake County Watershed Protection District and Luhdorff & Scalmanini, Consulting Engineers for the preparation of the Big Valley Groundwater Sustainability Plan Annual Report and Authorize the Chair to sign the Agreement.
Agreement
passed on consent
Staff memo
Executive Summary
The Sustainable Groundwater Management Act (SGMA) requires Groundwater Sustainability Agencies (GSAs) to submit annual reports to the State Department of Water Resources (DWR) each April 1 following adoption of a groundwater sustainability plan. The report provides information on groundwater conditions and implementation of its GSP over the prior water year.
The GSP Annual Update is a comprehensive document that requires meticulous attention to detail, adherence to regulatory requirements, and effective coordination among various stakeholders. Given the complexity of the process and the pressing deadline for submission, it is imperative that we secure external services to ensure the successful completion of our Annual Update.
Staff solicited proposals from several firms, however Luhdorff & Scalmanini was the only firm to submit a proposal. Luhdorff & Scalmanini produced the Big Valley Groundwater Sustainability Plan that was approved in April 2023, and they produced Annual Reports for the Big Valley GSA in 2021 and 2022. Luhdorff & Scalmanini are uniquely qualified to produce the 2023 annual report and staff feel there is no economic benefit to re-soliciting for proposals.
Recommended Action
Approve Agreement between the Lake County Watershed Protection District and Luhdorff
& Scalmanini, Consulting Engineers for the preparation of the Big Valley Groundwater Sustainability Plan Annual Report and Authorize the Chair to sign the Agreement.
5.25Approve Change Order No. 2 Middletown Multi-Use Path Improvements Project, State Project No. ATPL – 5914(102) Bid No. 22-05 For A Decrease of $114,481.12 & A Revised Contract Amount of $1,161,688.48.
Action Item
pulled on consent
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 for the Board's review and approval is Contract Change Order (CCO) 2 for the subject project.
Contract Change Order No. 2 addresses the need to decrease costs in labor, materials, equipment, subcontractors, and trucking due to reducing the scope of work by eliminating a section of the project.
This results in a decrease of $114,459.12 to the contract amount of $1,276,149.60 for a revised contract amount of $1,161,690.48.
This project is funded 100% from the State's ATP funds and local funds. Therefore, this project is 100% funded through construction.
Recommended Action
Staff recommends approval by the Board of Supervisors of CCO 2 and that the Board authorize the Chair to execute said CCO for a decrease of $114,481.12 and a revised contract amount of $1,161,688.48.
On motion of Supervisor Simon, and by vote of the Board, Approved Change Order No. 2 Middletown Multi-Use Path Improvements Project, State Project No. ATPL - 5914(102) Bid No. 22-05 For A Decrease of $114,459.12 & A Revised Contract Amount of $1,161,690.48. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Public Works Director Scott De Leon presented the item to the Board.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.26(a) Approve Purchase of Law Enforcement Night Vision Binocular and Helmet Mounts; and (b) Authorize the Sheriff to issue a Purchase Order
Action Item
passed on consent
Staff memo
Executive Summary
During the past year the Lake County Sheriff's Office, Crisis Response Team (CRT) has tested and evaluated several monocular and binocular night vision devices. CRT tested the devices in training environments and has deployed the devices in two critical incident responses, one during a mutual aid request and one in the City of Clearlake. Both incidents required the rapid response of CRT and required the team to work in near dark conditions. The use of the devices during the Clearlake incident assist in the safe apprehension of a homicide suspect who fled the residence and was located by two deputies with the use of the night vision devices. The use of night vision devices during this incident was paramount to the safety of team members and the community.
It is the intent of the Sheriff's Office to assign the purchased night vision devices to each CRT member. These devices will be utilized not only during CRT responses, but during incidents requiring the search for missing or wanted persons during night or low light conditions. The purchase and utilization of the night vision devices will greatly enhance the safety of Sheriff's Office deputies, safety of the community and service we provided to our community.
The purchase, possession, and use of the night vision binoculars does not meet the definition of "military equipment", defined under 7070 California Government Code, (AB481).
The Sheriff's Office completed a sealed bid process, posted the Request for Quote on the Sheriff's website, County website, and sent the RFQ to seven known vendors. The Sheriff's Office received four bids. Two bids did not meet the bid specifications. Night Vision 4 Less was the lowest bid meeting the bid specifications at $106,981.88, for ten ARNVG Omni XIII un-filmed night vision devices and ten L4 G24 Helmet mounts. The Sheriff's Office intends to utilize asset forfeiture funds for the purchase of the ten-night vision devices and helmet mounts.
The Sheriff's Office recommends the Board of Supervisors accept the bid from Night Vision 4 Less and authorize the Sheriff to sign a purchase order, not to exceed $120,000, for ten ARNVG Omni XIII un-filmed night vision devices and ten L4 G24 Helmet mounts to be paid from the Sheriff's Asset Forfeiture budget 2214. Funds for this purchase are being approved as part of the mid-year budget update.
Recommended Action
(a) Approve Purchase of Law Enforcement Night Vision Binocular and Helmet Mounts; and (b) Authorize the Sheriff to issue a Purchase Order.
| Amount Budgeted | 120,000 |
|---|
5.27Approve Contract Change Order No. 1 for the CSA #2 Spring Valley Quail Trail Water Project Bid No. 22-24 to decrease the Contract by $26,186, for a revised amount of $424,610, and authorize the Chair to sign
Action Item
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
Contract Change Order No. 1 (CCO #1) balances all contract bid items to reflect actual final in-place quantities. The net change to the contract is -$26,186.00 for a final contract amount of $424,610.00. Special Districts requests that the BOS approve and sign CCO #1 for the revised contract amount.
Recommended Action
Approve Contract Change Order No. 1 for the CSA #2 Spring Valley Quail Trail Water Project Bid No. 22-24 to decrease the Contract by $26,186, for a revised amount of $424,610, and authorize the Chair to sign.
On motion of Supervisor Crandell, and by vote of the Board, approved Contract Change Order No. 1 for the CSA #2 Spring Valley Quail Trail Water Project Bid No. 22-24 to decrease the Contract by $26,186, for a revised amount of $425,610, and authorized the Chair to sign. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Special Districts Administrator Scott Harter presented the item to the Board.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.28Adopt Resolution Authorizing the Special Districts Administrator to Sign the Notice of Completion for the CSA #2 Spring Valley Water Quail Trail Water Main Replacement Project, Bid No. SD 22-24
Resolution
pulled on consent
Staff memo
Executive Summary
The work on the Spring Valley Quail Trail Water Main Replacement Project was satisfactorily completed on January 24, 2023. The project was put into suspension at that time while Special Districts worked with PG&E on their road restoration plan related to undergrounding their facilities on this road. Due to grant funding deadlines the project needs to be closed out prior to final paving being completed. Paving restoration will be completed as a requirement of the PG&E underground project.
Recommended Action
Adopt Resolution Authorizing the Special Districts Administrator to Sign the Notice of Completion for the CSA #2 Spring Valley Water Quail Trail Water Main Replacement Project, Bid No. SD 22-24.
Supervisor Crandell offered resolution and it passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Special Districts Administrator Scott Harter presented the item to the Board.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.29Approve First Amendment to Master Contract Between County of Lake and Qualified Contractors in Amounts up to $100,000, and Authorize the Chair to Sign.
Agreement
pulled on consent
Motion carried
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
This First Amendment to the Master Contract for Out-of-County Wraparound Services changes the compensation section to allow LCDSS to make agreements with qualified contractors up to $100,000. Previously, the Master Contract had only allowed agreements between $25,000 and $100,000 dollars due to an internal miscommunication. This original language places an undue restriction on the compensation limits and therefore restricts the utility of the Master Contract because the CWS Division cannot always predict Contractor compensation ahead of time. Under current purchasing guidelines, contracts under $25,000 do not need Board approval, however, it was the intention of this Master Contract to include all agreements with out-of-county facilities for wraparound placements. Therefore, we request a change to the compensation range, to ensure the Master Contract can function as intended.
Recommended Action
Approve First Amendment to Master Contract between County of Lake and Qualified Contractors in amounts up to $100,000, and authorize the Chair to sign.
On motion of Supervisor Green, and by vote of the Board, approved First Amendment to Master Contract Between County of Lake and Qualified Contractors in Amounts up to $100,000, and Authorized the Chair to Sign. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Crandell, Green, and Pyska
Nays- Supervisor: 1 - Sabatier
Clerk’s notes: Deputy Child Welfare Services Director Amber Davis presented the item to the Board.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.30(Sitting as Board of Directors Lake County Watershed Protection District) Adopt Resolution Approving the Application for Grant Funds from the Wildlife Conservation Board for the Hitch Habitat Improvement Planning and Assessment for Tule Lake, Scotts Creek and Adobe Creek Project not to exceed $2,730,970
Resolution
passed 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
Staff is requesting the Board of Directors of the Lake County Watershed Protection District (District) approve and authorize the District to submit a resolution approving the application to the California Wildlife Conservation Board (WCB), for funds to conduct a Clear Lake hitch (Lavinia exilicauda chi) "Habitat Improvement Planning and Assessment for Tule Lake, Scotts Creek and Adobe Creek". This item will both satisfy actions identified in the BOS Declared Emergency for the Clear Lake Hitch and actions identified in the US Fish and Wildlife Service Hitch Conservation Strategy.
This item is not anticipated to be controversial; therefore, we are requesting this item be placed on the consent agenda.
In September 2023, the District provided a support letter for this grant application, and since that time the grant application has received WCB Staff Recommendation to be approved by the Wildlife Conservation Board at their February 15th, 2024 board meeting.
This project includes tribal and professional partners from Big Valley Band of Pomo Indians, Flowwest Consulting, Scotts Valley Band of Pomo Indians, and Habematolel Pomo of Upper Lake. While this project is focused on assessments and planning, the products from this project will provide substantial footing for the District to be competitive for future implementation funds from state or federal sources. This project is designed so that we can apply for implementation funding in 2026/2027.
The total cost of the grant request would not exceed $2.731 Million dollars, with an approximate contributions from the District, other partners and sources of approximately $595,000.
Recommended Action
(Sitting as Board of Directors Lake County Watershed Protection District) Adopt Resolution Approving the Application for Grant Funds from the Wildlife Conservation Board for the Hitch Habitat Improvement Planning and Assessment for Tule Lake, Scotts Creek and Adobe Creek Project not to exceed $2,730,970.
On motion of Supervisor Crandell, and by vote of the Board, approved consent agenda items 5.1 through 5.30 with the exception of items 5.4, 5.6, 5.9, 5.25, 5.27, 5.28, and 5.29 which were pulled for further discussion. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
6. Timed Items
6.19:03 A.M. - Public Input
Clerk’s notes: Public Members Nancy McKay and Carol Hutchins, Community Development Director Mireya Turner, and Deputy County Administrative Officer Casey Moreno spoke.
6.29:04 A.M. - Pet of the Week
Presentation
Presentation Only.
Clerk’s notes: Animal Control Officer Serena Copas presented the pet of the week to the Board.
6.39:05 A.M. - Presentation of Proclamation Designating the Month of February 2024 as Black History Month and Celebrating Martin Luther King Jr.'s Birthday
Proclamation
This Ceremonial Item was read into the record and presented.
Clerk’s notes: Supervisor Crandell read the proclamation into the record and presented it to the Lake County Branch of the National Association for the Advancement of Colored People.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.49:10 A.M. - New and Noteworthy at the Library
Action Item
Presentation Only.
Clerk’s notes: County Librarian Christopher Veach presented the item to the Board.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.59:25 A.M. - Public Hearing - Consideration/Discussion of Naming a Certain Existing Unnamed Road – Sgt Giffy Road in Lower Lake
Public Hearing
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
On January 9, 2024, the Board of Supervisors approved a Resolution of Intent to name a certain existing unnamed road in Lower Lake. The proposed road name is Sgt Giffy Road.
The Resolution of Intent set a public hearing on this matter has been set for February 6, 2024 at 9:25 a.m. to consider public input on the proposed action.
Recommended Action
If in the absence of compelling public input to the contrary, Staff recommends that the Board of Supervisors adopt the name as proposed. This can be accomplished by a motion of the Board.
On motion of Supervisor Simon, and by vote of the Board, approved naming of an unnamed road to Sgt. Giffy road in Lower Lake. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: County Surveyor Vance Ricks presented the item to the Board. Public Works Director Scott De Leon and County Counsel Lloyd Guintivano spoke.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.69:45 A.M. – Public Hearing – Review and Consideration of Ordinance Amending Article XXVII of Chapter 2 of the Lake County Code to Address Membership of County of Lake Health Services in the Existing Partnership Health Plan of California Commission
Public Hearing
Motion carried · 2 motions
Carried 5-0 — moved by Crandell
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Carried 5-0 — moved by 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
On November 28, 2023, a presentation by Partnership Health Plan Regional Director Lynn Scuri included highlights of the Partnership Health Plan expansion and a request to amend ordinance to reflect a change in their membership by-laws.
The amendment(s) include the following changes in bolded italics:
"Sec. 2-195. Membership of Commission.
Commission representation shall be based on the number of Medi-Cal beneficiaries enrolled in the HealthPlan in that county as follows: one commissioner per zero to forty-five thousand beneficiaries; two commissioners per forty-five thousand and one to sixty thousand beneficiaries; three commissioners per more than sixty thousand and one beneficiaries.
"Sec. 2-196. Term of Office
The initial term and all terms thereafter for the Commissioners shall be for four-year periods. Nothing herein shall prohibit a person from serving more than one term. Each Commission member shall remain in office at the conclusion of that member's term until a successor member has been selected and installed into office. An office shall become vacant if a board member discontinues to function in the area from which appointed, or fails to attend three meetings in a row of the Commission."
Section 4:
This ordinance shall take effect on the ______ day of ________, 2024, and before the expiration of fifteen days after its passage it shall be published at least once in a newspaper of general circulation in the County of Lake.
The foregoing ordinance was introduced before the Board of Supervisors on the _____ day of _____________, 2024 and passed by the following vote on the ____ day of ________________, 2024.
Recommended Action
(a) Waive the reading of the ordinance and read in title only, and (b) Move to advance the ordinance on the agenda for consideration of passage.
On motion of Supervisor Crandell, and by vote of the Board, waived the reading of the ordinance to have it read in title only. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
On motion of Supervisor Crandell, and by vote of the Board, advanced the second reading to the next meeting for adoption. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Deputy Public Health Director Kim Tangermann presented the item to the Board.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.710:00 A.M. - Consideration of Presentation from the Lake County Fire Safe Council
Report
Staff memo
Executive Summary
The Lake County Fire Safe Council will be updating your Board on their work over the last year pertaining to Wildfire safety.
Recommended Action
No action, presentation only.
Clerk’s notes: This item was pulled and continued to a future agenda.
6.811:00 A.M. - Consideration of Recommendations from the Cannabis Ordinance Task Force regarding Zoning Districts and Permit Types for Various Cannabis-Related Businesses; and Request for Board Direction
Planning Item
Staff memo
Executive Summary
Since its formation by the Board of Supervisors on July 12, 2022, the Cannabis Ordinance Task Force (COTF) has met regularly, working on a number of draft ordinances which were Board priorities, and more recently, on recommendations for revising the current cannabis policy. Attached please find a list and table of recommended cannabis-related business types, the zoning districts in which those businesses could operate, and the level of permitting required. These recommendations were reviewed by the Agriculture Advisory Committee on October 10, 2023, and November 20, 2023, without any recommended changes. The Planning Commission considered the recommendations at their meeting on December 14, 2023, and did not recommend any changes, though they did request the addition of a table showing zoning district and permit levels for wineries, to aid in consideration, which has been added as Table 2 below. The materials used for reference by the COTF, Agricultural Advisory Committee, and Planning Commission are included as Attachments 1 and 2.
The COTF recommendations include agriculture, commercial, and industrial zoning districts. There are new business types and uses, existing uses in additional locations, and changes in the level of permit required. The Community Development Department offers three type of land use planning permits:
* Zoning Permit- is a ministerial permit; the application is approved if it is compliant with the regulations. Ministerial permits do not go through environmental review.
* Minor and Major Use Permits- are discretionary. Both permits include agency review, environmental review, and conditional consideration of either the Zoning Administrator (minor use permit), or Planning Commission (major use permit). For brevity, titles of zoning districts are listed below, and omitted elsewhere in this memorandum.
Base Zoning Districts included in recommendations:
APZ Agriculture Preserve Zone
A Agriculture
TPZ Timber Preserve Zone
RL Rural Lands
RR Rural Residential
SR Suburban Reserve
C1 Local Commercial
C2 Community Commercial
C3 Service Commercial
CR Resort Commercial
CH Highway Commercial
M1 Commercial and Manufacturing
M2 Heavy Industrial
MP Industrial Park
U Unclassified
PDC Planned Development Commercial
A summary of recommendations from the COTF are provided in Table 1. The recommendations from COTF are conceptual in nature. Staff requests direction from the Board of Supervisors regarding the types of cannabis-related businesses, zoning districts and permit level requirements. This direction will return to the COTF and will direct their work on development standards, specific to the types of cannabis business land uses that they Board is willing to consider in a draft ordinance at a future meeting. That draft ordinance will also be considered by the Agriculture Advisory Committee and the Planning Commission, in order to bring recommendations from those bodies, to the Board for its consideration.
Table 1, Summary of COTF Recommendations
New Business/License Type Name
Notes
COTF Recommendation
Type 5 Large Cannabis Cultivation
This is a newly available license type at the state level. It is for cultivation of over one acre of canopy. Since Lake County already allows cultivation of over one acre, the addition of Type 5 is administrative only, and will keep our Code permit titles synchronized with the state.
Allow Type 5 with an approved major use permit, in the same zoning districts where Type 3 Medium Cannabis Cultivation, is permitted.
Shared Manufacturing
This allows multiple permittees to use the same manufacturing facility, similar to how multiple food purveyors can share a commercial kitchen.
Allow this new business type to be applied to both Type 6 Non-volatile, and Type 7 Volatile Manufacturing.
Type 9 Retail Delivery Only
This would allow for a retail establishment with no storefront access
Allowing this type of business to be available to permitted cultivators. The business model discussed included tourists visiting a cultivation site, with the ability to purchase local products to be delivered to where they are staying. Additionally, increasing location options for retail could alleviate the pressure on the C2 zoning district, where community Main Streets are located.
Type 10 Retail Storefront with Onsite Consumption
The state defers to local jurisdictions regarding onsite consumption of cannabis products.
Allow onsite consumption in connection to a retail storefront establishment, as follows:
Minor Use Permit
PDC, C2;
APZ, A, TPZ, RL, RR - as incidental use to approved cultivation site;
M1, M2, MP, C3 - as incidental use to approved processing or manufacturing sites
Major Use Permit
C1, CH, CR
SR - incidental to approved cultivation site
Temporary Cannabis Special Events
This would allow for a cannabis special event, with limited onsite consumption. By state law, a cannabis special event requires a licensed event coordinator, and only licensed retailers may sell their products.
Allow temporary special events with an approved zoning permit, in all zoning districts where cannabis-related businesses are allowed (APZ, A, TPZ, RL, SR, C1, C2, C3, CR, CH, M1, M2, MP, PDC), with the exception of RR.
Existing Business Types in New Locations
Notes
COTF Recommendation
Type 4 Nursery
Currently allowed with an approved minor use permit in APZ, A, TPZ, RL, RR, and SR; and PDC with a major use permit.
Addition of M1, M2, and MP with minor use permit, and C3 with approved major use permit
Processor
Currently allowed with approved major use permit in APZ, A, TPZ, and RL
Addition of C3, M1, M2, and MP, with an approved minor use permit.
Type 6 Non-volatile Manufacturing
Currently allowed with approved major use permit in APZ, A, TPZ, RL, RR, C3, M1, M2, and PDC.
Addition of MP zoning district with a major use permit.
Type 7 Volatile Manufacturing
Currently allowed with major use permit in M2.
Addition of M1 and MP zoning districts with a major use permit.
Type 10 Retail Storefront
Currently, cannabis retail businesses are a use by right (no Planning Permit required) in C2, and with an approved major use permit in C1.
Allow retail storefront in the following zoning districts:
Minor Use Permit
C2, CR, CH, PDC;
APZ, A, TPZ, RL, RR - incidental to approved cannabis cultivation site;
C3, M1, M2, MP - incidental to approved cannabis processing or manufacturing site.
Major Use Permit
C1;
SR - incidental to approved cannabis cultivation site.
Type 11 Distributor
Currently allowed with major use permit in C3, M1, M2, and PDC
Allow with a minor use permit, as an incidental use to approved cultivation site, in APZ, A, TPZ, RL, RR, and SR.
Type 12 Microbusiness
Currently allowed with a major use permit in APZ, A, TPZ, RL, and RR
Allow with a minor use permit in C2, C3, M1, M2 and MP.
Changes in Permit Level
Notes
COTF Recommendation
Type 13 Distributor - Transport Only
This use type allows a Permittee to transport their products, and products of other licensees. Currently requires major use permit in C2, C3, M1, M2, and PDC.
Removal of use permit requirement, to be allowed only as an incidental use to approved cultivation, processing, or manufacturing site in APZ, A, TPZ, RL, RR, SR, C2, C3, M1, M2, MP, and PDC
Type 13 Distributor - Transport Only - Self Distribution License
This use type allows a Permittee to transport only their own product, to another licensee. Currently allowed with an approved minor use permit in APZ, A, TPZ, RL, RR, SR, C2, C3, M1, M2, and PDC.
Addition of MP zoning district; Removal of the minor use permit requirement, to be allowed (APZ, A, TPZ, RL, RR, SR, C2, C3, M1, M2, MP and PDC) only as an incidental use to an approved cultivation, processing, or manufacturing site.
No Changes Recommended
There are no COTF recommendations of amendments to the following cannabis business types and permit level:
Type 1, 2, and 3 - Specialty, Small and Medium Cultivation
Type N and P Manufacturing
Type 8 Cannabis Testing Laboratory
Table 2. Permit requirements for small and large wineries (includes options for wine-related and special events, tasting rooms, and retail sales) by Zoning District
Zone
Small Winery
Large Winery
APZ
MUP
UP
A
MUP
UP
TPZ
--
--
RL
MUP
UP
RR
MUP
UP
SR
UP
UP
PDC
UP*
UP*
* In PDC, the winery could be part of a Specific Plan of Development, processed as a Major Use Permit.
ENVIRONMENTAL REVIEW
The purpose of this item is to obtain Board direction of which cannabis-related businesses, zoning districts, and permit types the Board supports developing further. The Board direction will result in recommendations that will be incorporated into a future new regulatory framework. That framework, the draft ordinance, will undergo environmental review prior to consideration of adoption by the Board. At this point, recommendations are conceptual and cannot reasonably be of any impact to the environment.
Recommended Action
Staff seeks Board direction on the COTF recommendations regarding the cannabis related business types, zoning districts, and permit levels.
Direction was given to staff to bring the recommended changes back to the Cannabis Ordinance Taskforce. The summary included No change on Type 5, Type 9, Type 10, to protect high density areas from Cannabis Events, No Change to Type 4 Nursery, Processor add PDC, Type 6 Nonvolatile No Change yet, Type 7 Nonvolatile No Change, Type 10 Retail Storefront take C1 and C2 down to a minor use permit, Type 11 No Change, Type 12 Micro Business No Change, Take out C1 and C2 for the Type 9, and recommend storefronts in C1 and C2 to be open for the public to enter into and allowing delivery only in other zones.
Clerk’s notes: Community Development Director Mireya Turner presented the item to the Board. Cannabis Ordinance Taskforce Member Jennifer Smith spoke.
Chair Sabatier asked if anyone present wished to speak and the following people present in the Board of Supervisors Chambers spoke: Sarah Bodnar, Margaux Kambara, Kristen Callahan, and Michael Wagner. The following people spoke via Zoom: Nara Dahlbacka, Patty Lanier, and Erin McCarrick. 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 an Ordinance Amending the Purchasing Ordinance: Article X of Chapter Two of the Lake County Code to include increased purchasing limits, additional definitions, modify a requirement for exemptions from competitive bidding and additional procedures for informal and formal bidding
Public Hearing
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
Staff is requesting that Article X of Chapter Two of the Lake County Code be amended to increase the purchasing limits, include additional definitions, modify a requirement for exemptions from competitive bidding and additional procedures for informal and formal bidding.
Of the 35 counties we were able to obtain copies of their purchasing policies, all but 6 have significantly higher limits before requiring BOS approval. The distinction between RFP and formal bids is something that is currently missing as well as the procedures for RFP.
The following sections have the proposed changes:
Section 2-34. Definitions: (m) Purchase Order or Written Purchase Order, (n) Bid, (o) Request for Proposal (RFP), and (p) Request for Quotation (RFQ).
Section 2-36. Powers and Duties: (a-c, m, n) $25,000 is increasing to $100,000.
Section 2-38. Exemptions from Competitive Bidding.
38.2(3) is being removed and replaced with "Service provided by another governmental agency".
38.3 $25,000 increased to $50,000
Section 2-39. Solicitation Methods and Awarding Authority.
(a) $3,000 increased to $5,000
(b) $3,000 increased to $5,000, and $25,000 increased to $50,000
(c) $25,000 increased to $50,000, and $50,000 increased to $100,000
(d) $50,000 increased to $100,000
Section 2-40. Informal Solicitation and Evaluation Procedures.
40.2 is being amended to include additional procedures for an RFQ.
40.3 $3,000 increased to $5,000, $25,000 increased to $50,000, and $50,000 increased to $100,000
40.4 $50,000 increased to $100,000
Section 2-41. Soliciting and Awarding Formal Bids.
41.1 is amended to clarify procedures for bidding.
41.2 is amended to include RFP procedures and is moving former 41.2 to 41.3.
41.2 to 41.5 is moving to 41.3 to 41.6.
Section 2-42. Emergency Purchases.
42.1 $3,000 increased to $5,000
42.2 $25,000 increased to $100,000
These changes will improve efficiency and clarify informal and formal bidding for further transparency. Staff recommends your board approve the first reading of the purchasing ordinance update.
Recommended Action
Consideration of an Ordinance Amending the Purchasing Ordinance: Article X of Chapter Two of the Lake County Code to include increased purchasing limits, additional definitions, modify a requirement for exemptions from competitive bidding and additional procedures for informal and formal bidding.
On motion of Supervisor Green, and by vote of the Board, Continued the item to February 27, 2024 at 1:00 P.M. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Deputy County Administrative Officer Casey Moreno presented the PowerPoint Presentation to the Board. Assistant County Administrative Officer Stephen Carter, County Administrative Officer Susan Parker, Special District Administrator Scott Harter, Public Works Director Scott De Leon, Air Pollution Control Officer Doug Gearhart, Auditor-Controller Jenavive Herrington, and Public Services Director Lars Ewing spoke.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.101:00 P.M. - (Sitting as Lake County Sanitation District, Board of Directors) Consideration of request approving exception to Lake County Sewer Code Section 205, which would require APN 039-402-390-000 (3944 Pine Ave., Clearlake) to connect to the public sewer.
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
I was initially contacted by Mr. Eric Torbet with an inquiry about the use of a humanure composting and greywater diversion option for his property located at 3944 Pine Ave. in Clearlake in July 2021. At that time I advised him I would be supportive of a properly designed and permitted greywater diversion system however I had concerns about the humanure proposal. I directed him to the City Building department and Lake County Environmental Health to address that aspect of the proposed project. I also advised him that per our Sewer Use Ordinance, Section 205 requires a property to connect to the public sewer if within 200' feet of it. The property at 3944 Pine Ave. is fronted by a gravity sewer main and per the record drawings there is a sewer lateral stubbed out to serve the property. I advised him that I as the administrator do not have the liberty to waive that requirement and that an exception to the requirement could be requested of the Board (per Sec. 204). During that initial email exchange, I also advised him that I would not be supportive of an exception to the ordinance, noting that this innovative, potential project may be better suited to a rural setting and not one where a public sewer system was in place.
Mr. Torbet then worked with the City of Clearlake and Lake County Environmental Health to receive approval on his proposed project. Having secured approval from those agencies he formally approached the District last month requesting that an exception to the requirement to connect to the public sewer be considered by the Board.
Attached for your consideration are the following documents provided by Mr. Torbet: A December 14, 2023 letter requesting a waiver of the requirement of Section 205 of the Sewer Use Ordinance. A Humanure and Greywater Proposal providing details of the proposed project. Select sheets from the plans including the Site Plan, Floor Plan, Plumbing Plan, and Plumbing Details. Additionally, a letter of support from Lake County Public Health is also attached.
Recommended Action
Provide staff direction regarding the request to approve an exception to the Lake County Sewer Code Section 205, which would require APN 039-402-390-000 (3944 Pine Ave., Clearlake) to connect to the public sewer.
No action taken on the item.
On motion of Supervisor Simon, and by vote of the Board, moved to reopen item. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Special Districts Administrator Scott Harter presented the item to the Board. Applicant Eric Torbid and Environmental Health Director Craig Wetherbee spoke.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.111:30 P.M. - Consideration of (a) Resolution Amending Resolution No. 2023-116 to Amend the FY 2023-24 Adopted Budget by Adjusting Reserves, Fund Balance Carry Over, Revenues, and Appropriations; and (b) Resolution Amending Resolution 2023-117 to Amend the Position Allocations for FY 2023-24 to Conform to the Mid-year Budget Adjustments
Resolution
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 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
Staff has completed a collaborative mid-year review of the FY 2023-24 budget and associated staffing levels. The resulting recommendations are reflected in attachments hereto.
The mid-year budget resolution makes necessary adjustments to selected budget units to continue funding County operations through the remainder of the fiscal year. The attached Mid-Year Budget Highlights narrative provides an overview and brief summary of the status of the County's FY 2023-24 Budget at the mid-year point, as well as describing the details of the requested budget adjustments.
County Department Heads and their fiscal staff continue to monitor expenditures closely and provide the necessary information for your Board to make budget decisions. We greatly appreciate the assistance of the Department Heads and their staff in preparing this report and presenting the recommendations herein for your Board's consideration.
Recommended Action
Staff recommends your Board (a) Adopt Resolution Amending Resolution No. 2023-116 to Amend the FY 2023-24 Adopted Budget by Adjusting Reserves, Fund Balance Carry Over, Revenues, and Appropriations; and (b) Adopt Resolution Amending Resolution 2023-117 to Amend the Position Allocations for FY 2023-24 to Conform to the Mid-year Budget Adjustments
a) Supervisor Green offered the resolution and it passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
b) Supervisor Green offered the resolution and it passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
On motion of Supervisor Simon, and by vote of the Board, moved to reopen the item. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
On motion of Supervisor Green, and by vote of the Board, rescinded adoption Resolution Amending Resolution No. 2023-116 to Amend the FY 2023-24 Adopted Budget by Adjusting Reserves, Fund Balance Carry Over, Revenues, and Appropriations. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Supervisor Green offered the resolution as amended and it passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Deputy County Administrative Officer Casey Moreno presented the item to the Board. Assistant County Administrative Officer Stephen Carter spoke.
Chair Sabatier 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 Update to the 2024 Board of Supervisors 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
The Board meeting scheduled for February 13, 2024 will not have full attendance by the Board of Supervisors due to obligations for other boards/organizations that require travel.
Recommended Action
Approve update of 2024 Board of Supervisors Meeting Calendar to adjourn the February 13, 2024 meeting due to lack of quorum.
On motion of Supervisor Simon, and by vote of the Board, approved the update to the 2024 Board of Supervisors Meeting Calendar to adjourn the February 13, 2024 meeting due to lack of quorum. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: County Administrative Officer Susan Parker presented the item to the Board.
Chair Sabatier 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 Letter of Support for Middletown Rancheria of Pomo Indians of California’s Barnes Street Housing Project
Letter
Motion carried
Carried 4-0 — moved by Pyska
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: abstain
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: abstain
Staff memo
Executive Summary
Larry Galupe, Tribal Vice-Chair for the Middletown Rancheria of Pomo Indians of California is asking the Board to approve the letter of support for the submission of the grant request for additional funding for Middletown Rancheria of Pomo Indians of California's Barnes Street housing project.
The Barnes Street Project will help provide housing opportunities, serving the diverse socioeconomic needs for low-income and moderate-income households. This project will help the community meet the housing availability needs for families who experienced a severe housing shortage during the 2015 Valley Fire by providing 40 units of mixed income housing.
The letter of support is requested for upcoming grants such as the HOME-ARP (HOME American Rescue Plan Program) and AHSC (Affordable Housing and Sustainable Communities Program) grants.
Recommended Action
Approve letter of support for Middletown Rancheria of Pomo Indians of California's Barnes Street Housing Project and authorize the Chair to sign.
On motion of Supervisor Pyska, and by vote of the Board, approved Letter of Support for Middletown Rancheria of Pomo Indians of California's Barnes Street Housing Project. The motion carried by the following vote:
Ayes- Supervisors: 4 - Crandell, Green, Pyska, and Sabatier
Recused- Supervisor: 1 - Simon
Clerk’s notes: Supervisor Simon recused himself from the item. Deputy County Administrative Officer Lisa Judd presented the item to the Board.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.4Review and Consideration of Structural Changes to the Water Resources Department, and Provide Direction to Staff
Action Item
Staff memo
Executive Summary
On January 9, 2024, your board directed staff to return with cost estimates for the Water Resources Department after separation from the Public Works Department. The original proposal was to convert the Water Resources Deputy Director position into a Water Resources Director position to reduce expenses and keep the fiscal accountant under Public Works to maintain continuity. Your Board directed staff to bring back for consideration the estimate of the cost to add a new Water Resources Director position while keeping all other positions the same.
Currently, the Water Resources Department has 12 full-time equivalents (FTE) in budget unit 8107, which is supported by the department's 8 other budget units. The grants and other services provided by Water Resources currently produce sufficient revenues to support 11 of the FTE's in budget unit 8107 with the exception of 1 Program Coordinator FTE that is funded through cannabis taxes for Hitch related activities. The fiscal operations for Water Resources are handled through an accountant in budget unit 1903 Public Works Administration, which is then charged to Water Resources. Adding a Water Resources Director isn't likely to be funded through Water Resources standard practices, which means if the position is added another funding source like the general fund would need to fund the position.
On July 19, 2016, your Board decided to separate Water Resources and Public Works and hire a Water Resources Director. On July 16, 2019, the Public Works Director was named the interim Water Resources Director and finally on August 27, 2019, your Board combined the two departments.
Before the Water Resources Director position was combined with the Public Works Director the position was 27.5% lower than the Public Works Director and 20% lower than both the Public Services Director and the Special Districts Administrator. The Human Resources Department and the Administration Department worked on the job description and qualifications for the Water Resources Director position and present for your Boards consideration the grade of M57. The grade M57 is 10% lower than the Special Districts Administrator, 15% lower than the Public Services Director and 20% lower than the Public Works Director. The Air Pollution Control Officer and the Agricultural Commissioner/Sealer of Weights & Measures share the M57 grade.
Grade M57*
Step 1
Step 2
Step 3
Step 4
Step 5
Monthly
$9,914.67
$10,410.40
$10,930.40
$11,476.40
$12,050.13
Annual
$118,976.00
$124,924.80
$131,164.80
$137,716.80
$144,601.60
Annual & Benefits
$179,242.64
$187,302.61
$195,757.19
$204,634.49
$213,962.65
*Grade starting 7/1/2024.
Staff recommends grade M57 for the new Water Resources Director. The estimated additional cost of the Water Resources Director position is between $179,242.64 and $213,962.65 depending on the step level. Staff is requesting direction from your Board on whether to proceed with creating the new Water Resources Director position and having the Human Resources Department start recruitment.
Recommended Action
Review and consideration of structural changes to the water resources department and provide direction to Staff.
| Estimated Cost | $213,962.65 |
|---|---|
| Future Annual Cost | $213,962.65 |
There was Board Consensus to recruit for both Public Works and Water Resources Directors and Deputy Directors simultaneously with a Masters Degree being preferred and consensus to move forward with the proposed pay.
Clerk’s notes: County Administrative Officer Susan Parker introduced the item to the Board. Assistant County Administrative Officer Stephen Carter presented the item to the Board. Human Resources Director Pam Samac and Water Resources Director Scott De Leon spoke.
Chair Sabatier 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.
7.5(Sitting as the Lake County Air Quality Management District Board of Directors) Re-Appoint Nancy Perrin to the LCAQMD Hearing Board pursuant to Health and Safety Code
Appointment
Motion carried
Carried 5-0 — moved by Pyska
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
California Health & Safety Code Section 40801 requires one Legal Professional, one Professional Engineer, one Medical Professional, and two Public Members be represented on the Hearing Board.
Nancy Perrin has served as the Medical Member on the LCAQMD Hearing Board for the past 11 years. Prior to being appointed the Medical Member Ms. Perrin served as the Alternate Medical Member for 4 years. Ms. Perrin has an Associate in Science Degree and has 33+ years' experience as a Respiratory Care Practitioner. Ms. Perrin is a Certified Respiratory Therapist and has been employed at Adventist Health/St. Helena Hospital in Clearlake as the Program Coordinator for Pulmonary Rehabilitation for the past 9+ years and has worked with the American Lung Association, American Association for Cardiac and Pulmonary Rehabilitation, California Society for Pulmonary Rehabilitation, and Better Breather Club. Ms. Perrin's unique background with respiratory and pulmonary care gives her the ability to understand the health effects on the body. Additionally, Ms. Perrin has a good knowledge and understanding of the issues that come before the LCAQMD Hearing Board since she previously served as an Alternate Medical Member to the LCAQMD Hearing Board.
The Hearing Board has rarely met in recent years, but in prior years has met up to 8 times a year. The hearing process is both legalistic and technical in nature. Continuing Hearing Board members, as has been the case for the present Hearing Board, has helped greatly in making the process work smoothly and in the public's interest. Because of infrequent meetings, the advantages of having experienced Hearing Board members, and the fact that Ms. Perrin has indicated her willingness to continue, we ask that you reappoint her.
Staff believes the LCAQMD is fortunate to have Members with such strong credentials, history, and unique understanding of our community and environmental matters and are willing to continue to serve on the LCAQMD Hearing Board.
Recommended Action
Board of Directors re-appoint Nancy Perrin as the Medical Member to the LCAQMD Hearing Board for a three year term.
On motion of Director Pyska, and by vote of the Board, reappointed Nancy Perrin to the Lake County Air Quality Management District Board of Directors for a 3 year appointment. The motion carried by the following vote:
Ayes- Directors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Chair Sabatier introduced the item to the Board.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.6(Sitting as the Lake County Air Quality Management District Board of Directors) Consideration of Amendment to the Memorandum of Understanding (MOU) By and Between County of Mendocino and the Lake County Air Quality Management District for Air Pollution Control Officer (APCO) Duties, and a Request for Direction Regarding Updates to the Board on the MOU.
Agreement
Motion carried
Carried 5-0 — moved by Green
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
As your Board is aware, the Lake County APCO has been providing APCO services to Mendocino County while updating their job descriptions and recruiting a replacement for the retired APCO. These services have been ongoing since February, 2022. The majority of this work is performed remotely and via teleconference. After four recruitments and hiring an executive recruiter, Mendocino County was able to hire a Deputy Air Pollution Control Officer. They were hired as Deputy, as they did not have Air District specific experience, but they have good knowledge of air quality issues and management. Mendocino County Administration and Board have requested an extension of the MOU to assist in training the Deputy, in hopes they will transition to the Air Pollution Control Officer once they have the knowledge and experience needed to run a regulatory agency.
As APCO, I continue to be willing to assist Mendocino County, on a limited basis as defined in the MOU. As a Deputy has been hired and has been working for several months with good success, the MOU is amended to extend the termination date from January 31, 2024 to June 30, 2025. The day to day operations will primarily be performed by the Deputy, and I will be available to assist them as needed. The duties of the APCO will transition to training, some oversight, and signature authority to comply with regulatory requirements. I anticipate providing this Board with regular updates so you remain aware of the workload and any anticipated changes that should be discussed. This can be done via periodic memorandum to the Board Chair, or I can provide updates during a specifically scheduled Board item, or during budget or other Board Agenda items that cover general District issues. Please let me know what the preference of the Board is.
The assistance provided to Mendocino County ensures that Lake County is not adversely impacted by air pollution from Mendocino County activities that are not adequately regulated due to lack of oversight. Lake County is downwind of Mendocino County, so providing these services helps prevent impacts in Lake County.
Pursuant to the attached MOU, with the approval of your Board, the LCAQMD will extend the services of the APCO, Douglas Gearhart through June 30, 2025 with a 30 day termination option. In exchange for these services, Mendocino County will pay the Lake County Air Quality Management District the hourly rate listed in the MOU for up to a maximum of 10 hours per week. Additionally, in the case of a special project with concurrence of the APCO, Mendocino County may request an additional 10 hours in a week (total of 20 hours for one week). This Board will be notified and approval requested at the next available Board meeting.
Recommended Action
Approve the Memorandum of Understanding (MOU) Extension By and Between County of Mendocino and the Lake County Air Quality Management District for Air Pollution Control Officer (APCO) Duties through June 30, 2025.
The Board of Directors Direct District Staff to Provide Updates on the MOU at Regular Intervals (approximately every 6 months).
On motion of Director Green, and by vote of the Board, approved Memorandum of Understanding (MOU) By and Between County of Mendocino and the Lake County Air Quality Management District for Air Pollution Control Officer (APCO) Duties through June 30, 2025 and authorized the Chair to sign. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
There was board consensus to have staff return with a report.
Clerk’s notes: Air Pollution Control Officer Doug Gearhart presented the item to the Board.
Chair Sabatier 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 Second Reading of Ordinance No. 3136 Amending Section 21-3.7 of Chapter 21 of the Ordinance Code of the County of Lake by Adopting a Sectional District Zoning Map No. 3.7(b) 1.406
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
As per the Government Code Section 25131, an Ordinance Amendment shall go through two readings - the initial reading and the second one Adopting the Ordinance. On December 19, 2023, the Board of Supervisors read and adopted Ordinance No. 3136, which was not supposed to be adopted until at least 5 days after introduction, as per the usual procedure of the Government Code Section 25131.
Recommended Action
A) Rescind the approval of Ordinance No. 3136; An Ordinance Amending Section 21-3.7 of Chapter 21 of the Ordinance Code of the County of Lake by Adopting a Sectional District Zoning Map No. 3.7(b) 1.406.
B) Adopt Ordinance No. 3136; An Ordinance Amending Section 21-3.7 of Chapter 21 of the Ordinance Code of the County of lake by Adopting a Sectional District Zoning Map No. 3.7(b) 1.406.
On motion of Supervisor Green, and by vote of the Board, rescinded Ordinance No. 3136 Amending Section 21-3.7 of Chapter 21 of the Ordinance Code of the County of Lake by Adopting a Sectional District Zoning Map No. 3.7(b) 1.406. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Supervisor Green offered the resolution and it passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Community Development Director Mireya Turner presented the item to the Board. County Counsel Lloyd Guintivano spoke.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.8Consideration of Amendment No. 1 to the Agreement Between County of Lake and North Valley Behavioral Health, LLC For Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Psychiatric Hospitalization in the amount of $750,000 for Fiscal Year 2023-24 and Authorize the Board Chair to Sign.
Agreement
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
This amendment increases the contract maximum by $350,000 to cover placement for Lake County clients. Placement of clients at a North Valley facility is reserved for the most difficult to place clients. The executive team closely follows placement of individuals at this facility, due to the cost. However, for clients with complex needs and challenges North Valley offers a level of care that is much needed and unavailable virtually anywhere else.
Recommended Action
Consideration of Amendment No. 1 to the Agreement Between County of Lake and North Valley
Behavioral Health, LLC For Acute Inpatient Psychiatric Hospital Services and Professional
Services Associated with Acute Inpatient Psychiatric Hospitalization in the amount of $750,000
for Fiscal Year 2023-24 and Authorize the Board Chair to Sign.
| Estimated Cost | $750,000 |
|---|---|
| Amount Budgeted | $750,000 |
On motion of Supervisor Crandell, and by vote of the Board, approved Amendment No. 1 to the Agreement Between County of Lake and North Valley Behavioral Health, LLC For Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Psychiatric Hospitalization in the amount of $750,000 for Fiscal Year 2023-24 and Authorized the Board Chair to Sign. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Behavioral Health Director Elise Jones presented the item to the Board.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.9Consideration of California Mental Health Services Authority Participation Agreement for Interoperability Solution in the amount of $222,948.00 for Fiscal Year 2024-26 and Authorize the Board Chair to Sign.
Agreement
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
Lake County Behavioral Health Services entered into a Participation Agreement with the California Mental Health Services Authority for a Semi-Statewide Electronic Health Record with the vendor Streamline. Moving forward into the future, all Mental Health Plans are required to implement a Health Information Exchange (HIE) along with Managed Care Plans and other healthcare operations. An HIE is a way to share information about patients between health systems in real time to facilitate the best continuity of care possible. Health Information Exchanges are almost always embedded into an Electronic Health Record solution. Thus, CalMHSA has worked to develop an HIE that is embedded into the Semi-Statewide Electronic Health Record. The contract now before your Board represents the addition of a HIE solution into the current EHR. This solution is proprietary to the EHR solution and thus the competitive bidding process does not apply.
Recommended Action
Consideration of California Mental Health Services Authority Participation Agreement for Interoperability Solution in the amount of $222,948.00 for Fiscal Years 2023-26 and Authorize the Board Chair to Sign.
| Estimated Cost | $222,948.00 |
|---|---|
| Amount Budgeted | $222,948.00 |
On motion of Supervisor Green, and by vote of the Board, Waived the formal bidding requirement for mental Health Services Authority Participation Agreement for Interoperability Solution2-38.4 no cooperative purchases. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
On motion of Supervisor Green, and by vote of the Board, approved California Mental Health Services Authority Participation Agreement for Interoperability Solution in the amount of $222,948.00 for Fiscal Year 2024-26 and Authorized the Board Chair to Sign. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Behavioral Health Director Elise Jones presented the item to the Board. County Counsel Lloyd Guintivano spoke.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.10Consideration of Amendment Number 2 to the Agreement Between the County of Lake - Lake County Behavioral Health Services as Lead Administrative Entity for the Lake County Continuum of Care and Adventist Health Clear Lake Hospital, Inc. in the Amount of $443,000 for Fiscal Years 2021-2024 and authorize the Board Chair to sign
Agreement
Staff memo
Executive Summary
This is the second amendment of the agreement between Lake County Behavioral Health Services, as Lead Agency for the Lake County Continuum of Care, and Adventist Health Clear Lake for Fiscal Years 2021-2022, 2022-2023, and 2023-24 entered into on September 1, 2021 to provide Emergency Shelter and Rapid Re-Housing to those experiencing homelessness in Lake County. This agreement utilizes the special Emergency Solutions Grant - COVID (ESG-CV) that was part of the CARES Act.
This agreement modifies the original budget, shifting funds from Rapid Re-Housing to Emergency Shelter. The reason is there is a lack of available and affordable permanent housing to assist people to obtain, therefore, the funding would not have been spent in time to meet the spending deadlines imposed by requirements of the ESG-CV grant. However, funding could be utilized for Emergency Shelter for those experiencing homelessness.
The budget is also increased by $100,000. This funding was originally meant to be utilized by the City of Clearlake to address Emergency Shelter. The City of Clearlake has opted to have the funding utilized by the Hope Center, which operates as part of Adventist Health Clear Lake, to address the need. This brings the total of the agreement to $443,000.00.
This amendment also extends the termination date from September 30, 2023 to December 31, 2023 to allow for the updated invoicing to reflect the budget changes.
Recommended Action
Approve Amendment Number 2 to the Agreement Between the County of Lake - Lake County Behavioral Health Services as Lead Administrative Entity for the Lake County Continuum of Care and Adventist Health Clear Lake Hospital, Inc. in the Amount of $443,000 for Fiscal Years 2021-2024 and Authorize the Board Chair to Sign.
| Estimated Cost | $443,000 |
|---|
This item was continued to a future date.
Clerk’s notes: Behavioral Health Director Elise Jones presented the item to the Board.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.11Consideration of the following advisory board appointments:
Cobb Area Advisory Council
Fish and Wildlife Advisory Committee
Glenbrook Cemetery
Law Library Board of Trustees
Library Advisory Board
Lower Lake Cemetery District
Maternal Child and Adolescent Health
Middletown Area Town Hall
Western Region Town Hall (WRTH)
Appointment
Motion carried · 8 motions
Carried 5-0 — moved by Pyska
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 Pyska
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 Pyska
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 Pyska
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Carried 5-0 — moved by Simon
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Carried 5-0 — moved by Pyska
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Carried 5-0 — moved by Simon
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
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
Cobb Area Advisory Council: Four (4) vacancies - 3 General Membership, 1 alternate
Kenneth Schneider - General Membership
Cathleen McCarthy - General Membership
Darlene Warner - General Membership
Melton McMurrin - Alternate
Fish and Wildlife Advisory Committee: Three (3) vacancies - two (1) Tribal Government, and two (2) General Public- District 1 & 2
Sarah Ryan - Tribal Government
Glenbrook Cemetery: Three (3) vacancies - General Membership
Rob Bostock - General Membership
Frank Lincoln - General Membership
Law Library Board of Trustees: One vacancy
Dennis Fordham - Reappointment
Library Advisory Board: Four (4) vacancies - Districts 1, 2, 3, 5
Heidi Kreklau - District 2
Lower Lake Cemetery District: Two (2) vacancies - General Membership
Bob Minenna - Reappointment
Maternal Child and Adolescent Health: Five (5) vacancies - General Membership
Sabrina Andrus - General Membership
Middletown Area Town Hall: Seven (8) vacancies - Middletown Proper Seat #1, Middletown Proper Seat #2, Middletown Proper Seat #3, Northern District (Coyote Valley), Southern District, Western District (Cobb Region), Eastern District (Butts Canyon), Alternate (General Membership)
William Waite
Nanette DeDonato
Western Region Town Hall (WRTH): Two (2) vacancies - one (1) Public Member - Blue Lakes, and one (1) Public Member - Upper Lake
David Eby - Public Member - Blue Lakes
Recommended Action
Appoint Qualified Applicants
On motion of Supervisor Pyska, and by vote of the Board, appointed Darlene Warner, Cathleen McCarthy, Kennerth Schneider, and Melton McMurrin to the Cobb Area Advisory Council. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
On motion of Supervisor Pyska, and by vote of the Board, appointed Sara Ryan to the Fish and Wildlife Advisory Committee. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
On motion of Supervisor Pyska, and by vote of the Board, appointed Rob Bostock and Grank Lincoln to the Glenbrook Cemetery. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
On motion of Supervisor Pyska, and by vote of the Board, appointed Dennis Fordham to the Law Library. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
On motion of Supervisor Simon, and by vote of the Board, appointed Bob Minenna to the Lower Lake Cemetery District. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
On motion of Supervisor Pyska, and by vote of the Board, appointed Sabrina Andrus to the Maternal, Child and Adolescent Health Advisory Committee. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
On motion of Supervisor Simon, and by vote of the Board, appointed William Waite and Nanette DeDonato to the Middletown Area Town Hall. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
On motion of Supervisor Crandell, and by vote of the Board, appointed David Eby to the Western Region Town Hall. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Chair Sabatier introduced the item to the Board. County Counsel Lloyd Guintivano spoke.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.12A) Consideration of the award of a 300KW generator purchase to Leete Generators, and authorize the Public Services Director to sign the attached Purchase Order in the amount of $176,959.28; and
B) Consideration of Change Order No. 2 to the Agreement with G.D. Nielson for the Hill Road Correctional Facility Standby Generator Project 22-08 in the amount of $174,651, for a revised Agreement total of $713,145, and authorize the Chair to sign Change Order No. 2.
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
Last year a new 400kW generator was installed at the Hill Road Correctional Facility to provide supplemental emergency standby power. Prior to the installation of this new generator, an older 300kW generator (circa 1985) was the only source of backup power at the jail. Progressive expansions at the jail resulted in the old generator being undersized for the facility and therefore not able to power the entire facility during outages, and at nearly 40 years in service it is also well beyond its' useful life. In light of this, your Board previously approved a project to purchase and install a 400kW generator to supplement the old 300kW generator until such time that funding could be secured to replace the old generator. The new generator is installed and operational, with only minimal work remaining to be completed by the County's construction contractor, G.D. Nielson Construction, and the old generator remains in place.
During the course of securing permits to install the new generator, County staff was informed by the Lake County Air Quality Management District that the installation of the new generator resulted in the old generator no longer being valid for continued operation under State of California diesel emissions rules. Consequently, staff expedited the project delivery for a replacement for the old generator by, A) soliciting bids for a new 300kW generator, for which Leete Generators was the low bidder; and B) requesting a contract change order scope of work and cost to install the second generator from G.D. Nielson Construction.
The FY 23-24 mid-year budget request includes increased capital asset appropriations of $275,000 in Budget Unit 1785, Public Safety Facilities, to adequately fund the remaining project work.
Recommended Action
A) Approve the award of a 300KW generator purchase to Leete Generators, and authorize the Public Services Director to sign the attached Purchase Order in the amount of $176,959.28; and
B) Approve Change Order No. 2 to the Agreement with G.D. Nielson for the Hill Road Correctional Facility Standby Generator Project 22-08 in the amount of $174,651, for a revised Agreement total of $713,145, and authorize the Chair to sign Change Order No. 2.
a) On motion of Supervisor Green, and by vote of the Board, approved award of a 300KW generator purchase to Leete Generators, and authorized the Public Services Director to sign the attached Purchase Order in the amount of $176,959.28. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
b) On motion of Supervisor Green, and by vote of the Board, approved Change Order No. 2 to the Agreement with G.D. Nielson for the Hill Road Correctional Facility Standby Generator Project 22-08 in the amount of $174,651, for a revised Agreement total of $713,145, and authorized the Chair to sign Change Order No. 2. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Public Services Director Lars Ewing presented the item to the Board.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8. Closed Session
8.1Public Employee Appointment Pursuant to Gov. Code Section 54957(b)(1):
Interviews for Health Services Director
Appointment of Health Services Director
Closed Session Item
Motion carried
On motion of Supervisor Crandell, and by vote of the Board, appointed Anthony Arton Health Services Director effective February 5, 2024 at $137,238 annually. The motion carried by the following vote:
8.2Public Employee Evaluation:
Title: Agricultural Commissioner
Closed Session Item
8.3Public Employee Evaluation:
Title: Special Districts Administrator
Closed Session Item
8.4Conference with Legal Counsel pursuant to Gov. Code sec. 54956.9 (d) (2), (e)(3) – Claim of Robinson
Closed Session Item
8.5Conference 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
8.6Conference 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
Clerk’s notes: 4:09