Board Of Supervisors — Tuesday, September 10, 2024
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Thank you for your interest in this meeting.
1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Consideration of Extra Items Not Appearing on the Posted Agenda
4.1EXTRA ITEM: (a) Consideration of “extra” agenda item, and (b) Consideration of Proclamation of a Local Health Emergency by the Lake County Health Officer for the Boyles Fire
Proclamation
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 Green
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
(a) 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) I am recommending your Board adopt the Proclamation of a Local Health Emergency by the Lake County Health Officer for the Boyles Fire.
Recommended Action
(a) I request that the Board take action by motion to accept this item for consideration as an "extra" agenda item.
(b) Adopt the Proclamation of a Local Health Emergency by the Lake County Health Officer for the Boyles Fire.
On motion of Supervisor Pyska, and by vote of the Board, approved taking this item up as an 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
On motion of Supervisor Green, and by vote of the Board, Proclamation of a Local Health Emergency by the Lake County Health Officer for the Boyles Fire. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
5. Approval of the Consent Agenda
5.1Approve training funding by Supervisor-elect Rasmussen in an amount not to exceed $2,000 and direct Administration staff to coordinate payment(s) for the Nov. 18 and Dec. 9, 2024, training and orientation modules of the New Supervisors Institute
Action Item
passed on consent
Staff memo
Executive Summary
As your board is aware, the California State Association of Counties (CSAC) offers training for new county supervisors through its nonprofit arm, the California Counties Foundation, and the William "Bill" Chiat Institute for Excellence in County Government. The first of three training modules will be held in person Nov. 18, 2024, at the CSAC annual meeting in Pasadena, with a second virtual session scheduled for Dec. 9, 2024.
Former Lakeport police Chief Brad Rasmussen was duly elected to the seat of District 4 county supervisor in the March 5, 2024, presidential primary election, as declared by Resolution 2024-38 approved on April 9, 2024. Mr. Rasmussen will assume office on or about Jan. 7, 2025.
Pursuant to California Government Code Sec. 25208.4, your board may expend county funds for training and orientation of supervisors-elect who have not yet assumed office, provided such expenditures are authorized by ordinance. Ordinance No. 1605 (1986) added Sec. 2-3C to Article I of Chapter 2 of the Lake County Code, pertaining to the training of newly elected supervisors.
As codified, the ordinance requires a supervisor-elect to make a formal request of the Board of Supervisors to be eligible to receive funding for training and orientation before assuming office. Supervisor-elect Rasmussen has provided a letter formally requesting such funding, which is presented here for your board's consideration and recommended approval.
Recommended Action
Approve training funding by Supervisor-elect Rasmussen in an amount not to exceed $2,000 and direct Administration staff to coordinate payment(s) for the Nov. 18 and Dec. 9, 2024, training and orientation modules of the New Supervisors Institute
5.2Adopt a Resolution Approving an Agreement with California Department of Food and Agricultural Industrial Hemp Cultivation Program Agreement No. 24-0417-000-SA for July 1, 2024, through June 30, 2026, in the Amount of $9,327.50
Resolution
passed on consent
Staff memo
Executive Summary
I would like to ask the Board to adopt the attached resolution approving the Industrial Hemp resolution agreement with the California Department of Food and Agriculture. This agreement reimburses the County for registering hemp producers, enforcement activity for non-compliant plantings, public outreach, and reimbursement for mileage and supplies about industrial hemp. The agreement would reimburse the County up to $9,327.50 for the above-mentioned activities. This agreement term is from July 1, 2024, through June 30, 2026.
Should the Board adopt the Resolution, please have the chair sign and return one copy of the Agreement, and one copy of the Board Resolution and return them to the Agricultural Commissioner's office for processing. A signed complete copy will be returned for your records.
Recommended Action
Adopt a Resolution Approving an Agreement with the California Department of Food and Agricultural Industrial Hemp Cultivation Agreement No. 24-0417-000-SA for July 1, 2024, through June 30, 2026, in the Amount of $9,327.50
5.3Adopt Resolution Fixing Tax Rates for Local Agencies, General Obligation Bonds and Other Voter Approved Indebtedness for Fiscal Year 2024/2025
Resolution
passed on consent
Staff memo
Executive Summary
Per Government Code �29100 the board shall adopt by resolution the rates of taxes on the secured roll. These rates shall not exceed the 1-percent limited specified in Article XIII A of the Constitution and Sections 93 and 100 of the Revenue and Taxation Code.
For all voter-approved indebtedness, the board shall adopt a rate sufficient to satisfy debt service requirements, including any necessary reserves. Voter-approved indebtedness rates are calculated annually by the Auditor-Controller and are available for review upon request. Those local jurisdictions surrounding Lake County with overlapping areas, such as community colleges, provide rates to the Auditor-Controller for submittal to your Board.
Submitted for your review and approval are the tax rates for the 2024/25 property tax year.
Recommended Action
Adopt Resolution Fixing Tax Rates for Local Agencies, General Obligation Bonds and Other Voter Approved Indebtedness for Fiscal Year 2024/2025.
5.4Approve Amendment No. 2 to the Agreement between County of Lake and Crisis Support Services of Alameda County for After Hours Crisis Support Services in the amount of $90,200 for Fiscal Year 2023-24 and authorize the Chair to sign
Agreement
pulled on consent
Staff memo
Executive Summary
After review, the Department's fiscal team has determined that an increase of $800 is needed to close out the 2023-24 FY with this contractor. Alameda County After Hours Crisis Support bills based on call volume.
Moving into FY 2024-2025 we will no longer be utilizing this contractor for this service, as it has been taken over internally by our Mobile Crisis Response Team.
Recommended Action
Approve Amendment No. 2 to the Agreement between County of Lake and Crisis Support Services of Alameda County for After Hours Crisis Support Services in the amount of $90,200 for Fiscal Year 2023-24 and authorize the Chair to sign.
| Estimated Cost | $90,200 |
|---|---|
| Amount Budgeted | $90,200 |
This item was pulled and continued to a future agenda.
Clerk’s notes: Chair Sabatier introduce the item to the Board. Behavioral Health Director Elise Jones 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.
5.5Approve Board of Supervisors Meeting Minutes August 13, 2024 and August 20, 2024
Action Item
passed on consent
5.6Approve Second Reading of an Ordinance to Regulate Smoking and Commercial Tobacco Use in the unincorporated areas of Lake County
Action Item
pulled on consent
Staff memo
Executive Summary
The first reading of the ordinance was on August 27, 2024. This is the second reading.
Recommended Action
Approve Second Reading of an Ordinance to Regulate Smoking and Commercial Tobacco Use in the unincorporated areas of Lake County
Supervisor Pyska offered the ordinance and it passed by roll call vote:
Ayes- Supervisors: 4 - Simon, Crandell, Pyska, and Sabatier
Nays- Supervisor: 1 - Green
Clerk’s notes: Supervisor Green 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.
5.7(a) Waive the formal bidding process, pursuant to Lake County Code Section 2-38.4, Cooperative Purchases, and (b) Authorize the IT Director to issue Purchase orders to Dell Marketing L.P. for Microsoft 365 Apps for Enterprise licenses in the amount of $127,677.72
Action Item
passed on consent
Staff memo
Executive Summary
The County of Lake utilizes Microsoft 'Apps for Enterprise' licenses for collaboration, word processing, presentations, and other functions. Our contract with Microsoft for these licenses is renewed on a yearly basis. This year's installment is coming due at the end of September 2024. The County purchases all Microsoft licenses on the competitively bid (piggyback) Riverside Microsoft Contract.
We are requesting a waiving of the formal bidding requirement because this purchase will be made on the Riverside contract.
For awareness, a separate item will be coming to your Board requesting the purchase of upgrade licenses so that we can complete our migration to M365 Exchange Online and Microsoft Teams.
Recommended Action
(a) Waive the formal bidding process, pursuant to Lake County Code Section 2-38.4, Cooperative Purchases, and (b) Authorize the IT Director to issue a purchase order to Dell Marketing L.P. for Microsoft 365 Apps for Enterprise licenses in the amount of $127,677.72.
5.8(a) Waive the formal bidding process, pursuant to Lake County Code Section 2-38.4, Cooperative Purchases, and (b) Authorize the IT Director to issue a purchase order to Dell Marketing L.P. for Microsoft 365 G3 ‘Step up’ licenses in the amount of $28,890.00
Action Item
passed on consent
Staff memo
Executive Summary
For Fiscal Year 2024-2025, the Information Technology Department requested funding to implement Microsoft Office G3 licensing, which your Board approved. We have begun a project to migrate from our on-premise e-mail system, and implement Microsoft Teams. This project will require Microsoft 365 G3 licensing. We purchase all Microsoft Licensing on the competitively bid Riverside County EA contract. We are requesting a waiving of the formal bidding requirement because the purchase will be made on this piggyback contract. We will be purchasing licenses in tranches of up to 250 licenses as the project progresses and will return to your Board for authorization as the project progresses.
We are requesting your Board to approve the purchase of these 'Step up' licenses, which upgrade our current 'Apps for Enterprise' licenses to Microsoft 365 G3 licenses.
Recommended Action
(a) Waive the formal bidding process, pursuant to Lake County Code Section 2-38.4, Cooperative Purchases, and (b) Authorize the IT Director to issue a purchase order to Dell Marketing L.P. for Microsoft 365 G3 'Step up' licenses in the amount of $28,890.00.
5.9Approve Two Rental Agreements for Hangar Space at Lampson Field Airport with Mr. Kevin Soto and Authorize the Chair to Execute the Agreements
Agreement
pulled on consent
Motion carried
Carried 5-0 — moved by Green
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
Two hanger spaces are located at Lampson Field Airport and owned by the County. Mr. Kevin Soto and another person leased the spaces until April 30, 2024. Mr. Soto has continued to occupy the spaces.
The Public Works Director wishes to lease the spaces to Mr. Soto at $300 per month and $500 per month. Based on the rents at the Ukiah Airport and the condition of the building, the rental rates are reasonable.
The term commenced on May 1, 2023 and will terminate on May 1, 2033 (10 years). Each rental agreement may be terminated by giving the other party notice in writing at least 45 days' notice next prior to the date when such termination shall become effective.
Recommended Action
Staff recommends that the Board approve the Two Rental Agreements for Hangar Space at Lampson Field Airport with Mr. Kevin Soto and Authorize the Chair to Execute the Agreements.
On motion of Supervisor Green, and by vote of the Board, approved Two Rental Agreements for Hangar Space at Lampson Field Airport with Mr. Kevin Soto and Authorized the Chair to Execute the Agreements as amended by county counsel to include the addresses. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Public Works Director Glen March 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 Renewal of the Lease Agreement between the County of Lake and Skypark Properties, LLC for the Lampson Field Airport Pilots’ Lounge and Authorize the Public Works Director to Sign the Renewal Letter
Action Item
pulled on consent
Staff memo
Executive Summary
On November 5, 2019, the County of Lake Board of Supervisors approved a commercial lease agreement of the 720 sq. ft. building at 900 Skypark Drive between the County of Lake (County) and Skypark Properties, LLC (Skypark) dated November 5, 2019 (Agreement), to use as a pilots' lounge. The original three-year term was from October 15, 2019 to October 15, 2022. The lease amount was one thousand dollars ($1,000) per month for the first three-year period. The total lease amount for the first three years was approximately $36,000 (years 1, 2, and 3).
The Agreement allows for the County to extend the lease agreement for two-year periods with an annual increase of 3% each year the Agreement is renewed by the County. The Agreement requires the County to notify Skypark at least one-month prior to the end of the existing lease term.
On June 20, 2022, the Public Works Director requested a two-year extension to the Agreement. The total lease amount for the first two-year extension is approximately $25,090 (years 4 and 5).
The Public Works Director wishes to extend the lease agreement for an additional two-year period. The Agreement requires that the lease amount increase 3% each year of the renewal periods, therefore, the monthly lease amount for the first year of the extension will be $1,092.72 and the second year of the extension will be $1,125.51. The total lease amount for the second extension will be approximately $26,619 (years 6 and 7). The total lease amount for seven years will be approximately $87,709.
The costs of the lease are paid from County General Funds.
Recommended Action
Staff recommends that the Board approve the renewal of the lease agreement for the pilots' lounge located at 900 Skypark Drive between the County and Skypark and authorize the Public Works Director to sign the renewal letter.
No action taken.
Clerk’s notes: Public Works Director Glen March 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.
5.11Approve the retirement of Lake County Sheriff’s Office Narcotic K-9 Raider to his handler Deputy Matthew McCabe for the cost of $1.00 per DSA section 2.6.5
Action Item
passed on consent
Staff memo
Executive Summary
The Lake County Sheriff's Office has found it necessary to retire Narcotic K-9 Raider. This is due to the age of this K-9. Raider will be retired and assigned to his handler, Deputy Matthew McCabe.
Under section 2.6.5 of the DSA MOU, the handler has the right to purchase this canine for $1.00. Deputy McCabe has been caring for this animal and will assume all responsibility for Raider at this time. Deputy McCabe will be exercising his right of first refusal to purchase Raider for $1.00.
Recommended Action
Approve the retirement of Lake County Sheriff's Office Narcotic K-9 Raider to his handler Deputy Matthew McCabe for the cost of $1.00 per DSA section 2.6.5
5.12a) Waive the Formal Bidding Process Pursuant to County Ordinance 3109 Section 2-38 Due to 38.2 (2) the Unique Nature of Services; and, b) Approve Contract Between County of Lake and North Coast Opportunities, Inc. for Emergency Childcare Bridge Program, from July 1, 2024 to June 30, 2027, and Authorize the Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
The Emergency Child Bare Bridge Program (Bridge Program), through North Coast Opportunities Inc., allows resource families to have access to childcare services while a foster child is placed in their care. This program helps to eliminate one of the largest barriers to retaining families, which is limited access to childcare for foster parents. In addition to the emergency childcare vouchers, funds will go towards providing a childcare navigator to facilitate and assist with placement and allow access to trauma-informed care training for providers. Funding for the Bridge Program provided by the California Department of Social Services (CDSS) varies per Fiscal Year. Using flexible language for Compensation terms allows the program to continue uninterrupted. Funding for FY 23/24 totaled $140,230, and future allocations are expected to vary slightly, however, official funding amounts are ultimately unknown until details are released by the State.
Lake County Ordinance 3109 established competitive purchasing requirements for all contracts and purchases. Furthermore, section 2-38.2(3)(B) details that competitive bidding is required every 3 years. Due to CDSS regulation and State Welfare Code, the Emergency Child Care Bridge Program Contract is exempt from this specific bidding requirement because NCO, Inc., as the local Child Care Resource and Referral (R&R) agency, must provide these services. According to WIC 10219(a), the R&R agency that has been authorized to serve our County is required to maintain a partnership and contract with Social Services to provide Child Care Navigation and Trauma-Informed Training and Coaching, unless deemed infeasible by the R&R agency.
In FY 23/24 the Bridge Program successfully assisted 20 individual children by providing childcare assistance. The span of resource utilization varied from a few months to an entire year of assistance. The Bridge Program is most commonly used to assist during the transition of becoming a resource family, and it allows for the proper preparations to be made within the household to ensure a stable environment is available for children.
Recommended Action
a) Waive the Formal Bidding Process Pursuant to County Ordinance 3109 Section 28.2 due to 38.2 (2) the unique nature of services; and, b) Approve Contract between County of Lake and North Coast Opportunities, Inc. for Emergency Childcare Bridge Program, from July 1, 2024 to June 30, 2027, and authorize the Chair to sign.
| Estimated Cost | $140,230 |
|---|---|
| Amount Budgeted | $140,230 |
5.13a) Waive the Formal Bidding Process Pursuant to County Ordinance 3110 Section 38.1 due to extension of annual agreements; and, b) Approve Contract Between County of Lake and The Regents of the University of California for Training Services, in the Amount of $365,500.00 Per Fiscal Year from July 1, 2024 to June 30, 2025, and Authorize the Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
The University of California Davis Campus (UC Davis) provides essential training, including all related materials, for Social Services (DSS) employees. Trainings cover various topics including Civil Rights, Welfare Fraud- Prevention and Detection, Accounting and Fiscal trainings, and even Field Safety Training. Many of these courses are required to comply with State regulations. The trainings not required by State law provide valuable information that would not be readily available or cost effective without the UC Davis contract. Because most trainings are held at DSS, there are no venue costs to provide, and no meal, travel, or lodging reimbursements are necessary for employees attending. Furthermore, DSS and UC Davis adapted to COVID-19 regulations and transitioned trainings into an online platform, which increases flexibility and allows more employees to attend trainings. This contract (#230505) includes a total of 86 units of training.
Social Services issued a Request for Proposals (RFP) in July of 2022 for training services, and UC Davis was the only entity to submit a bid. As per the County's purchasing ordinance 3109 section 38.2, bidding was effective for three years when the contract was first initiated by LCDSS's Admin division. Thus, new bidding was not started in 2024.
Additionally, according to 38.1 Extension of Annual Agreements, bidding is not required in instances where the cost of services has not increased. The daily rate for this contract is $4,250.00, the same amount as the previous 23-24 agreement with UC Davis.
Recommended Action
a) Waive the Formal Bidding Process Pursuant to County Ordinance 3110 Section 38.1 due to extension of annual agreements; and, b) Approve Contract between County of Lake and The Regents of the University of California for Training Services, in the amount of $365,500.00 per fiscal year from July 1, 2024 to June 30, 2025, and authorize the Chair to sign.
| Estimated Cost | $365,500.00 |
|---|---|
| Amount Budgeted | $365,500,.00 |
5.14Approve Contract Between County of Lake and Chabot-Las Positas Community College District for Title IV-E Training, in the Amount of $1,000,000 from July 1, 2024 to June 30, 2027, and Authorize the Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
Chabot-Las Positas Community College District will design and conduct trainings that fulfill the requirements for Title IV-E federally funded training programs. The Title IV-E training shall be facilitated by the Contractor, and is available to eligible resource families, more commonly referred to as foster parents and families, upon request by Social Services. Chabot-Las Positas does not conduct training, however, many of the local trainings are provided through their subcontract with Redwood Community Services. This training is required to abide by state legislation under the Welfare Institution Code's Division 9, Part 4, Chapter 5, Article 2, Sections 16519.5 - 16519.7, which detail the responsibility of Child Welfare Services to ensure the increased expectations and knowledge required of resource families, staff, and community partners are satisfactory under the Resource Family Approval Program. The services provided by Chabot-Las Positas under this agreement help Social Services utilize essential Federal funding.
Social Services issued an RFP on April 1, 2024. Chabot was the only agency that submitted a proposal.
Recommended Action
Approve Contract between County of Lake and Chabot-Las Positas Community College District for Title IV-E Training, in the amount of $1,000,000 from July 1, 2024 to June 30, 2027, and authorize the Chair to sign.
| Estimated Cost | $1,000,000 |
|---|---|
| Amount Budgeted | $1,000,000 |
5.15(Sitting as the Lake County Watershed Protection District Board of DIrectors) Approve the Award of Bid No. 25-0693 for 2024 Levee Patrol Road Gravel Repair Project, Upper Lake, CA. between Lake County Watershed Protection District and Coleman Construction, LLC in the amount of $163,812.64 and authorize the Chair to sign the Agreement
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 4-1 — moved by Crandell
Crandell: aye Green: aye Pyska: aye Sabatier: nay Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: nay Simon: aye
Staff memo
Executive Summary
The Lake County Watershed Protection District is responsible for maintaining the Middle Creek Flood Control Project located near Upper Lake. Maintenance activities include periodic re-graveling of the levee patrol roads. Earlier this year, the District entered into an Agreement with California Department of Water Resources (DWR Agreement Number 4600015914 & 2023-FSRP2021-NA09-01) and the Resolution Authorizing the District to Accept Funds (Resolution 2024-22) was approved by the Lake County Board of Supervisors. The scope of work for the project generally consists of embankment repair of levee slope and buildup of subgrade to approximately 0.30 miles of levee; subgrade preparation, purchase, delivery, spread, and compaction of aggregate base to approximately 1.27 miles of levee patrol roads. The agreement with DWR stipulates that work must be completed by December 2025.
Grant funds were made available in May 2024. On August 15, 2024, the Water Resources Department publicly opened bids for the project. Two (2) responsive and responsible bids were received. The lowest bidder was Wylatti Resource Management from Covelo, CA. However, County of Lake Code of Ordinances, Chapter 2 Article X Purchasing Section 2- 41.5, Local Vendor Preference, provides a 10% preference for contractors from Lake County. When the Local Vendor Preference is applied, the lowest bidder selected was Coleman Construction from Upper Lake, CA. Please refer to the attached bid tabulation.
Recommended Action
(Sitting as the Lake County Watershed Protection District Board of DIrectors) Approve the Award of Bid No. 25-0693 for 2024 Levee Patrol Road Gravel Repair Project, Upper Lake, CA. between Lake County Watershed Protection District and Coleman Construction, LLC in the amount of $163,812.64 and authorize the Chair to sign the Agreement.
On motion of Supervisor Green, and by vote of the Board, approved consent agenda items 5.1 through 5.15 with the exception of items 5.4, 5.6, 5.9, 5.10, and 5.15 which were pulled for further discussion. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
On motion of Director Crandell, and by vote of the Board, Approved the Award of Bid No. 25-0693 for 2024 Levee Patrol Road Gravel Repair Project, Upper Lake, CA. between Lake County Watershed Protection District and Coleman Construction, LLC in the amount of $163,812.64 and authorized the Chair to sign the Agreement. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Crandell, Green, and Pyska
Nays- Supervisor: 1 - Sabatier
Clerk’s notes: Supervisor Crandell introduced the item to the Board. Habematolel Band of Pomo Indians Representative Robert Geary, Water Resources Director Pawan Upadhyay, and Water Resources Program Manager Linda Rosas Bill spoke.
Chair Sabatier asked if anyone present wished to speak and the following person spoke via Zoom: Kyle Bill. No one else wished to speak and the public input portion of this item was closed.
6. Timed Items
6.19:02 A.M. - Public Input
Clerk’s notes: There was no public input.
6.29:03 A.M. - Pet of the Week
Presentation
Presentation Only.
Clerk’s notes: Animal Care and Control Officer Joel Saldana presented the pet of the week to the Board.
6.39:15 A.M. - Public Hearing (Sitting as the Lake County Sanitation District Board of Directors) Consideration of an Ordinance Amending Sewer Use Ordinance, (Appendix A), of the Lake County Ordinance Code increasing Sewer Use Fees for the Northwest Regional Sewer System
Public Hearing
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 4-1 — moved by Green
Crandell: nay Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: nay Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
Pursuant to Article XII (D) of the California Constitution, the Lake County Sanitation District (LACOSAN) is proposing to increase current sewer rates for Northwest Regional Sewer. If adopted, the increases for the sewer service fees will be effective on or after November 15, 2024, and July 1 each year thereafter in the five-year planning period with no additional required action or notice by the District. A Rate Setting analysis developed by Lechowicz & Tseng Municipal Consultants in coordination with District Staff for Financial Planning, Revenue Requirements, and Rate Setting Analysis was accepted by the Board of Directors at a regularly scheduled meeting of the Board on June 18, 2024.
In compliance with California Proposition 218, Article XIIID property owners that are included in the sewer system were mailed a letter informing the rate payers that a proposed rate increase is being considered, the basis on which the fees and charges were calculated, the public hearing date at least 45 days after mailing the letter to the property owners the time and place the District will hear all protests to the rate increase and the protest procedure. This letter was mailed on July 26, 2024.
Before taking final action on the proposed ordinance to increase the sewer charges and fees the Board of Directors, acting on behalf of LACOSAN Northwest Regional will hold a public hearing for final public testimony, hearing protests, tabulation of any protests submitted, and taking final action on the charges and fees increase. If, after the close of the public hearing, written protests against any of the proposed rate increases as outlined above are not presented by a majority of the record owners of the identified parcels upon which they are proposed to be imposed (50% plus 1 vote), the Board of Directors will be authorized to implement the rate adjustments.
Recommended Action
(Sitting as the Lake County Sanitation District Board of Directors) (a) Waive the reading of the Ordinance and read in title only and (b) Advance the Ordinance to the next available agenda for second reading.
| Additional Requested | 0 |
|---|---|
| Future Annual Cost | 0 |
On motion of Supervisor Green, 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 Green, and by vote of the Board, advanced the second reading of the ordinance to the September 17, 2024 Board of Supervisors meeting. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Green, Pyska, and Sabatier
Nays- Supervisor: 1 - Crandell
Clerk’s notes: Special Districts Administrator Robin Borre introduced the item to the Board. Allison Lechowicz presented a PowerPoint Presentation to the Board. County Counsel Lloyd Guintivano spoke.
Chair Sabatier asked if anyone present wished to speak and the following people present in the Board of Supervisors Chambers spoke: Anthony, David Ball, and Lynn Oransanto, Drew Perry, and Ilene Dumont. The following person spoke via Zoom: Betsy Cawn. No one else wished to speak and the public input portion of this item was closed.
6.410:00 A.M. - Public Hearing (Sitting as the Kelseyville County Waterworks District No. 3 Board of Directors) Consideration of an Ordinance increasing Sewer Use Charges and Amending Section 1.1. of Ordinance No. 2652 increasing the Water Charges and Fees for Kelseyville County Waterworks District No. 3
Public Hearing
Motion carried · 6 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 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
(include fiscal and staffing impact narrative):
Pursuant to Article XII (D) of the California Constitution, Kelseyville County Waterworks District No. 3 is proposing to increase current sewer and water rates. If adopted, the increases for the sewer/water service fees will be effective on or after November 15, 2024 and July 1 each year thereafter in the five-year planning period with no additional required action or notice by the District. A Rate Setting analysis developed by Lechowicz & Tseng Municipal Consultants in coordination with District Staff for Financial Planning, Revenue Requirements, and Rate Setting Analysis was accepted by the Board of Directors at a regularly scheduled meeting of the Board on June 18, 2024.
In compliance with California Proposition 218, Article XIIID property owners that are included in the sewer, water or both systems were mailed a letter informing the rate payers that a proposed rate increase is being considered, the basis on which the fees and charges were calculated, the public hearing date at least 45 days after mailing the letter to the property owners the time and place the District will hear all protests to the rate increase and the protest procedure. This letter was mailed on July 26, 2024.
Before taking final action on the proposed ordinance to increase the sewer charges and fees the Board of Directors, acting on behalf of Kelseyville County Waterworks District No. 3 will hold a public hearing for final public testimony, hearing protests, tabulation of any protests submitted, and taking final action on the charges and fees increase. If, after the close of the public hearing, written protests against any of the proposed rate increases as outlined above are not presented by a majority of the record owners of the identified parcels upon which they are proposed to be imposed (50% plus 1 vote), the Board of Directors will be authorized to implement the rate adjustments.
Recommended Action
(a) Waive the reading of the Ordinance and read in title only and (b) Advance the Ordinance to the next available agenda for second reading.
| Additional Requested | 0 |
|---|---|
| Future Annual Cost | 0 |
On motion of Supervisor Pyska, and by vote of the Board, waived the reading of the ordinance and had 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 Pyska, and by vote of the Board, rescinded the motion. 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, waived the reading of Ordinance Amending Section 1.1. of Ordinance No. 2652 Increasing the Water Charges and Fees for Kelseyville County Waterworks District No. 3. 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, advanced the draft ordinance to the next Board of Supervisors Meeting on September 17, 2024 for consideration and possible adoption. 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, waived the reading of Ordinance Amending Sewer Use Ordinance, (Appendix A), of the Lake County Ordinance Code increasing Sewer Use Fees for the Northwest Regional Sewer System. 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, advanced the draft ordinance to the next Board of Supervisors Meeting on September 17, 2024 for consideration and possible adoption. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Special Districts Administrator Robin Borre introduced the item to the Board. Allison Lechowicz presented a PowerPoint Presentation 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.
6.510:45 A.M. - Public Hearing - Consideration of an Ordinance amending Section 1.1.A of Ordinance No. 2945 increasing the charges and fees for County Service Area No. 2 – Spring Valley Lakes
Public Hearing
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
(include fiscal and staffing impact narrative):
Pursuant to Article XII (D) of the California Constitution, CSA #2 Spring Valley Water is proposing to increase current water rates. If adopted, the increases for the water service fees will be effective on or after November 15, 2024 and July 1 each year thereafter in the five-year planning period with no additional required action or notice by the District. A Rate Setting analysis developed by Lechowicz & Tseng Municipal Consultants in coordination with District Staff for Financial Planning, Revenue Requirements, and Rate Setting Analysis was accepted by the Board of Supervisors at a regularly scheduled meeting of the Board on June 18, 2024.
In compliance with California Proposition 218, Article XIIID property owners that are included in the water system were mailed a letter informing the rate payers that a proposed rate increase is being considered, the basis on which the fees and charges were calculated, the public hearing date at least 45 days after mailing the letter to the property owners the time and place the District will hear all protests to the rate increase and the protest procedure. This letter was mailed on July 26, 2024.
Before taking final action on the proposed ordinance to increase the water charges and fees the Board of Supervisors will hold a public hearing for final public testimony, hearing protests, tabulation of any protests submitted, and taking final action on the charges and fees increase. If, after the close of the public hearing, written protests against any of the proposed rate increases as outlined above are not presented by a majority of the record owners of the identified parcels upon which they are proposed to be imposed (50% plus 1 vote), the Board of Supervisors will be authorized to implement the rate adjustments.
Recommended Action
(a) Waive the reading of the Ordinance and read in title only and (b) Advance the Ordinance to the next available agenda for second reading.
| Additional Requested | 0 |
|---|---|
| Future Annual Cost | 0 |
On motion of Supervisor Crandell, and by vote of the Board, continued the item to September 24, 2024 at 2:00 p.m. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Special Districts Administrator Robin Borre presented the item to the Board. Allison Luchwicz presented a PowerPoint Presentation to the Board.
Chair Sabatier asked if anyone present wished to speak and the following people present in the Board of Supervisors Chambers spoke: Helen Mitcham, Martin Easmon, Edward Smith, Sterling Wellman, Joan, Scott Renkes, Sarah Renkes, Virginia Kuecker, and Dan Orri. No one else wished to speak and the public input portion of this item was closed.
6.611:30 A.M. - Consideration of Informational Presentation on the Ely Stage Stop and Country Museum
Presentation
Staff memo
Executive Summary
Dr. John Parker of the Lake County Historical Society will give an update on the Ely Stage Stop and County Museum.
Recommended Action
Presentation Only.
Presentation Only.
Clerk’s notes: Ely Museum Representative John Parker presented a PowerPoint Presentation 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.
6.71:00 P.M. - Presentation and Consideration of a Letter of Support for the Elevate Youth California: Youth Substance Use Disorder Prevention Program - Cohort 6, Standard Track funding opportunity
Letter
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
Kno'Qoti Native Wellness, Inc. (KNWI) is preparing to apply for the Elevate Youth California: Youth Substance Use Disorder Prevention Program (Cohort 6) Standard Track funding and would be honored to have your support.
The proposed project focuses on youth civic engagement, culturally responsive mentoring, peer support, harm reduction, and family engagement for communities disproportionately impacted by the war on drugs. These efforts aim to foster healing and positive change within our tribal communities.
A letter of support from your Board would significantly strengthen the application by showcasing our collaboration. KNWI has asked for the letter to be submitted by Friday, September 20, 2024 to be included it in their application.
Recommended Action
Approve a Letter of Support for the Elevate Youth California: Youth Substance Use Disorder Prevention Program - Cohort 6, Standard Track funding opportunity and authorize the Chair to sign.
On motion of Supervisor Crandell, and by vote of the Board, approved Letter of Support for the Elevate Youth California: Youth Substance Use Disorder Prevention Program - Cohort 6, Standard Track funding opportunity. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Kno’Qoti Native Wellness Executive Director Kyle Bill 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.
6.92:00 P.M. - Consideration and Discussion of a Resolution of Intention to Form the Lake County Hospital Improvement District and Setting a Date for a Public Hearing
Public Hearing
Staff memo
Executive Summary
The Lake County Hospital Improvement District ("District") would be a business-based assessment calculated by net patient revenue of the two hospitals in Lake County - Sutter Lakeside Hospital and Adventist Health Clear Lake ("Hospitals"). These two Hospitals petitioned the County to form the District by utilizing the Property and Business Improvement Law of 1994. The Hospitals anticipate the assessment would boost their Federal Financial Participation ("FFP") reimbursement from the Federal Government for Medi-Cal patients. The Hospitals plan to utilize the increase in FFP for both financial stability and increase in services. Medi-Cal currently reimburses the Hospitals at below the cost of providing healthcare services to Medi-Cal patients. A majority of Lake County residents are enrolled in Medi-Cal. Two rural hospitals closed in California in 2023 and an analysis of California hospitals by Kauffman Hall in 2023 stated 20 percent of California hospitals are at risk of closure based on operating margins, debt-capitalization ratio, and days cash on hand.
The assessment would have a five-year term with the County managing collection and administration. The County would assess a 1% management fee of the District assessment. Based on the Property and Business Improvement Law of 1994 the City of Clearlake also needs to approve the District. If the Resolution of Intention is approved by the Board of Supervisors, ballots will be mailed to the Hospitals, a public meeting would be held, and then a Resolution of Formation considered by the Board of Supervisors to form the District.
Recommended Action
Offer the resolution
Supervisor Pyska offered the resolution and it passed by roll call vote:
Ayes- Supervisors: 4 - Simon, Crandell, Pyska, and Sabatier
Nays- Supervisor: 1 - Green
Clerk’s notes: Deputy County Administrative Officer Ben Rickelman introduced the item to the Board. Sutter Lakeside Hospital Representative Tim Stephens, Gjerset and Lorenz Representatives James Gjerset and Zachary Fitchenbaum, Adventist Health Clearlake Representative Chuck Casses and Behavioral Health Director Elise Jones 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. Non-Timed Items
7.1Supervisors’ weekly calendar, travel and reports
7.2Consideration of Amendment No. 3 to the Agreement Between the County of Lake and Vista Pacifica Enterprises, INC. for Adult Residential Support Services and Specialty Mental Health Services in the amount of $414,300.00 for Fiscal Year 2023-2024.
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
Vista Pacifica provides facilities licensed by the State of California as an Institution for Mental Disease (IMD) that includes Skilled Nursing and Special Treatment programs for adults. This is one of very few facilities in California that provide these types of services. We are responsible to pay for the care of individuals who require this high level of care by Statute. These services are Medi-Cal reimbursable. The reimbursement rate depends on the beneficiary's aid code.
Recommended Action
Approve Amendment No. 1 to the Agreement Between the County of Lake and Vista Pacifica Enterprises, INC. for Adult Residential Support Services and Specialty Mental Health Services in the amount of $414,300.00 for Fiscal Year 2023-2024 and Authorize the Board Chair to Sign.
| Estimated Cost | $414,300.00 |
|---|---|
| Amount Budgeted | $414,300.00 |
On motion of Supervisor Green, and by vote of the Board, approved Amendment No. 3 to the Agreement Between the County of Lake and Vista Pacifica Enterprises, INC. for Adult Residential Support Services and Specialty Mental Health Services in the amount of $414,300.00 for Fiscal Year 2023-2024 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: 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.
7.3Consideration of Agreement Between County of Lake and North Valley Behavioral Health for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Psychiatric Hospitalization in the Amount of $900,000.00 for FY 2024-25.
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
Lake County Behavioral Health Services performed a Request for Qualifications and contractor Risk Assessment and has determined that North Valley Behavioral Health remains in good standing to provide these critical and required services. Significantly, NVBH provides inpatient competency restoration services and services for some individuals on Murphy's Conservatorship, who are extremely difficult to find placement for.
Recommended Action
Approve Agreement Between County of Lake and North Valley Behavioral Health for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Psychiatric Hospitalization in the Amount of $900,000.00 for FY 2024-25 and Authorize the Board Chair to Sign.
| Estimated Cost | $900,000.00 |
|---|---|
| Amount Budgeted | $900,000.00 |
On motion of Supervisor Crandell, and by vote of the Board, approved Agreement Between County of Lake and North Valley Behavioral Health for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Psychiatric Hospitalization in the Amount of $900,000.00 for FY 2024-25 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: 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.
7.4Consideration of Amendment Number One to the Agreement Between County of Lake and Redwood Community Services, Inc. for the Lake County Wrap Program, Foster Care Program, and Intensive Services Foster Care Program for Specialty Mental Health Services in the Amount of $5,700,000.00 for Fiscal Years 2022-23, 2023-24, and 2024-25.
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
All County Mental Health Plans are required to provide Intensive Care Coordination (ICC), Intensive Home Based Services (IHBS), Therapeutic Foster Care (TFC), and Therapeutic Behavioral Services (TBS). For many years, LCBHS has contracted with Redwood Community Services for these services. We conducted a Risk Assessment and Request for Qualifications with the vendor to ensure they continue to remain in good standing for the provision of these highly specialized and required services.
This third amendment of a multi-year agreement is needed to include the contract maximum for the present fiscal year 2024-25. We are pleased to report that RCS has committed to expanding services to the City of Clearlake, securing lease of a property in the City out of which to provide services. We are working with them to site certify this new clinic site.
Recommended Action
Approve Amendment Number One to the Agreement Between County of Lake and Redwood Community Services, Inc. for the Lake County Wrap Program, Foster Care Program, and Intensive Services Foster Care Program for Specialty Mental Health Services in the Amount of $5,700,000.00 for Fiscal Years 2022-23, 2023-24, and 2024-25 and Authorize the Board Chair to Sign.
| Estimated Cost | $5,700,000.00 |
|---|---|
| Amount Budgeted | $5,700,000.00 |
On motion of Supervisor Crandell, and by vote of the Board, approved Amendment Number three to the Agreement Between County of Lake and Redwood Community Services, Inc. for the Lake County Wrap Program, Foster Care Program, and Intensive Services Foster Care Program for Specialty Mental Health Services in the Amount of $5,700,000.00 for Fiscal Years 2022-23, 2023-24, and 2024-25 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: 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.
7.5Consideration of Amendment No. 1 to the Agreement Between County of Lake and Konocti Senior Support, INC. for Senior Support Counseling Services in the amount of $360,249.00 for Fiscal Years 2023-2026.
Agreement
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 Amendment increases the contract maximum to provide sufficient balance to remit payment for the last invoice of the 2023-2024 Fiscal Year. In addition, there is a change in the contract language to reflect a tighter invoicing process effective July 1st.
Recommended Action
Approve Amendment No. 1 to the Agreement Between County of Lake and Konocti Senior Support, INC. for Senior Support Counseling Services in the amount of $360,249.00 for Fiscal Years 2023-2026 and Authorize the Board Chair to sign.
| Estimated Cost | $360,249.00 |
|---|---|
| Amount Budgeted | $360,249.00 |
On motion of Supervisor Simon, and by vote of the Board, approved Amendment No. 1 to the Agreement Between County of Lake and Konocti Senior Support, INC. for Senior Support Counseling Services in the amount of $360,249.00 for Fiscal Years 2023-2026 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.
7.6Consideration of the Following Appointment to the Big Valley Advisory Council
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
Big Valley Advisory Council: One (1) vacancy - Public Member (Tribal)
Brandon Baeza
Recommended Action
Appoint qualified applicant.
On motion of Supervisor Pyska, and by vote of the Board, appointed Brandon Baeza to the Tribal seat of the Big Valley Advisory Committee. 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.
7.7(Sitting as the Lake County Watershed Protection District, Board of Directors) Consideration of the Watershed Protection District not using any available power of Eminent Domain (including the commencement of eminent domain proceedings) for the purpose of Advancing the Economic Interests of Private Parties in Connection with any Property Comprising the Lease Agreement between the Lake County Watershed Protection District and the Scotts Valley Energy Corporation
Action Item
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
The property leased by the Scotts Valley Energy Corporation is now fully owned by the Lake County Watershed Protection District (District) and was purchased with funding from the California Department of Water Resources that expressly forbids the use of Eminent Domain when purchasing properties within and for the benefit of the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project, therefore certifying that the property was not purchased with the power of eminent domain nor will the District use any available power of eminent domain, is not a conflict.
On September 20, 2022, the Scotts Valley Energy Corporation (SVEC) was awarded grant funding from Economic Development Administration's (EDA) Indigenous Communities Program to fund the purchase of equipment for a waste woody biomass depot to process and transform forest thinning biomass from our region into saleable wood products, including biochar. This project will render strong economic and forest fire related safety benefits to Lake County.
On September 20, 2022 your Board, sitting as the Board of Directors for the Lake County Watershed Protection District, adopted Resolution 2022-116 leasing property owned by the District to SVEC. That Resolution was amended on April 23, 2024, to correct a typographical error and allow the lease to be filed with deed as required by the EDA, which has been completed
On July 1, 2024, the EDA then requested that SVEC obtain from the District a signed certification that the District will not use any available power of eminent domain (including the commencement of eminent domain proceedings) for the purpose of advancing the economic interests of private parties in connection with any property comprising the Project.
Recommended Action
(Sitting as the Lake County Watershed Protection District, Board of Directors) Certify that the Watershed Protection District will not use any available power of Eminent Domain (including the commencement of eminent domain proceedings) for the purpose of Advancing the Economic Interests of Private Parties in Connection with any Property Comprising the Lease Agreement between the Lake County Watershed Protection District and the Scotts Valley Energy Corporation and authorize the Chair to sign.
On motion of Director Crandell, and by vote of the Board, Consideration of the Watershed Protection District not using any available power of Eminent Domain (including the commencement of eminent domain proceedings) for the purpose of Advancing the Economic Interests of Private Parties in Connection with any Property Comprising the Lease Agreement between the Lake County Watershed Protection District and the Scotts Valley Energy Corporation and authorized the Chair to sign with amendment as stated by County Counsel. The motion carried by the following vote:
Ayes- Directors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Water Resources Director Pawan Upadhyay presented the item to the Board. Scotts Valley Energy Corporation Representative Thomas Jordan 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.