Board Of Supervisors — Tuesday, April 16, 2019
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1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Consideration of Extra Items Not Appearing on the Posted Agenda
5. Approval of the Consent Agenda
5.1(a) Waive the formal bidding process, pursuant to the Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Stephen Bradley, MD to fulfill the responsibilities of the substance use disorder (SUD) Medical Director for Fiscal Year 2018-19 for a contract maximum of $48,960 and authorize the Chair to sign
Action Item
passed on consent
Motion carried
Carried 5-0 (recovered from the archived minutes)
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
FISCAL IMPACT (Narrative): LCBHS is requesting approval of the Agreement with Stephen Bradley, MD in the amount of $48,960 to fulfill the responsibilities of the SUD medical director for Fiscal Year 2018-19 for a contract maximum of $48,960.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: (a) Waive the formal bidding process, pursuant to the Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Stephen Bradley, MD to fulfill the responsibilities of the substance use disorder (SUD) Medical Director for Fiscal Year 2018-19 for a contract maximum of $48,960 and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Todd Metcalf, B.S.
Behavioral Health Services Administrator
DATE: April 16, 2019
SUBJECT: (a) Waive the formal bidding process, pursuant to the Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Stephen Bradley, MD to fulfill the responsibilities of the substance use disorder (SUD) Medical Director for Fiscal Year 2018-19 for a contract maximum of $48,960 and authorize the Chair to sign
EXECUTIVE SUMMARY: Attached, for your approved is the Agreement between the County of Lake and Stephen Bradley, MD to fulfill the responsibilities of the SUD medical director for Fiscal Year 2018-19 for a contract maximum of $48,960 and authorize the Board Chair to sign the Agreement.
BACKGROUND AND DISCUSSION: Lake County Behavioral Health Services (LCBHS) is mandated by its Drug Medi-Cal contract with the Department of Health Care Services (DHCS) to have a licensed professional fulfill all the SUD medical director responsibilities.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Contract Amount: $48,960
FISCAL IMPACT (Narrative): LCBHS is requesting approval of the Agreement with Stephen Bradley, MD in the amount of $48,960 to fulfill the responsibilities of the SUD medical director for Fiscal Year 2018-19 for a contract maximum of $48,960.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: (a) Waive the formal bidding process, pursuant to the Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Stephen Bradley, MD to fulfill the responsibilities of the substance use disorder (SUD) Medical Director for Fiscal Year 2018-19 for a contract maximum of $48,960 and authorize the Chair to sign.
5.2(Sitting as the Lake County Sanitation District, Board of Directors) (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the purchase of high strength sodium hypochlorite from Hasa Inc. in an amount not to exceed $122,000 and authorize the Special Districts Administrator to issue a purchase order.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
Lake County Sanitation District requires the purchase of high strength sodium hypochlorite on an as needed basis to treat wastewater and remain in compliance with State regulations. The sodium hypochlorite supplied by Hasa Inc. is of a superior strength and quality that cannot be matched by any other provider able to deliver to Lake County. The annual cost of sodium hypochlorite purchased from Hasa Inc. exceeds the Special Districts Administrator's signing authority. We request that your board authorize the creation of a purchase order to make said periodic purchases over the remainder of FY2019 and remain in compliance with the County's purchasing policy. The funds for this purchase have been budgeted for and appropriated in each wastewater districts budget, providing sufficient funds for the expense.
FISCAL IMPACT: __ None X Budgeted __Non-Budgeted
Amount Budgeted: $122,000
Additional Requested: 0
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the purchase of high strength sodium hypochlorite from Hasa Inc. in an amount not to exceed $122,000 and authorize the Special Districts Administrator to issue a purchase order.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Directors
FROM: Jan Coppinger, Administrator
Dan Janakes, Deputy Administrator - Fiscal
DATE: April 19, 2019
SUBJECT: (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the purchase of high strength sodium hypochlorite from Hasa Inc. in an amount not to exceed $122,000 and authorize the Special Districts Administrator to issue a purchase order.
EXECUTIVE SUMMARY:
Lake County Sanitation District requires the purchase of high strength sodium hypochlorite on an as needed basis to treat wastewater and remain in compliance with State regulations. The sodium hypochlorite supplied by Hasa Inc. is of a superior strength and quality that cannot be matched by any other provider able to deliver to Lake County. The annual cost of sodium hypochlorite purchased from Hasa Inc. exceeds the Special Districts Administrator's signing authority. We request that your board authorize the creation of a purchase order to make said periodic purchases over the remainder of FY2019 and remain in compliance with the County's purchasing policy. The funds for this purchase have been budgeted for and appropriated in each wastewater districts budget, providing sufficient funds for the expense.
FISCAL IMPACT: __ None X Budgeted __Non-Budgeted
Estimated Cost: $122,000
Amount Budgeted: $122,000
Additional Requested: 0
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the purchase of high strength sodium hypochlorite from Hasa Inc. in an amount not to exceed $122,000 and authorize the Special Districts Administrator to issue a purchase order.
5.3Adopt Proclamation Designating the Week of April 15-19, 2019 as Public Safety Dispatcher Week in Lake County, CA
Proclamation
passed on consent
Staff memo
EXECUTIVE SUMMARY:
DESIGNATING THE WEEK OF APRIL 15-19, 2019 AS PUBLIC SAFETY DISPATCHER WEEK
WHEREAS, emergencies can occur at any time that require law enforcement, fire or emergency medical services; and
WHEREAS, when an emergency occurs, the prompt response of law enforcement officers, firefighters and emergency medical professionals is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our law enforcement officers and fire personnel is dependent upon the quality and accuracy of Information obtained from citizens who telephone the Lake County Central Dispatch Center; and
WHEREAS, Public Safety Dispatchers are the first, and can be the most critical, contact our citizens have with emergency services, and are the vital link for our law enforcement officers and fire personnel by monitoring their activities by radio providing them with information and insuring their safety; and
WHEREAS, the Public Safety Dispatchers of the Lake County Sheriff's Office have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients, exhibiting compassion, understanding and professionalism during the performance of their job.
NOW, THERFORE, BE IT PROCLAIMED that the Lake County Board of Supervisors does, hereby designate the week of April 15-19, 2019 as National Public Safety Dispatcher Week in Lake County and encourages all citizens to join in recognizing the commitment of public safety dispatchers in our communities to preserve the safety of us all.
FISCAL IMPACT: _x_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): n/a
STAFFING IMPACT (if applicable): n/a
..Recommended Action
RECOMMENDED ACTION: Adopt Proclamation Designating the Week of April 14-20, 2019 as Public Safety Dispatcher Week in Lake County, CA.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Brian Martin, Sheriff/Coroner
DATE: April 16, 2019
SUBJECT: Adopt Proclamation Designating the Week of April 15-19, 2019 as Public Safety Dispatcher Week in Lake County, CA
EXECUTIVE SUMMARY:
DESIGNATING THE WEEK OF APRIL 15-19, 2019 AS PUBLIC SAFETY DISPATCHER WEEK
WHEREAS, emergencies can occur at any time that require law enforcement, fire or emergency medical services; and
WHEREAS, when an emergency occurs, the prompt response of law enforcement officers, firefighters and emergency medical professionals is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our law enforcement officers and fire personnel is dependent upon the quality and accuracy of Information obtained from citizens who telephone the Lake County Central Dispatch Center; and
WHEREAS, Public Safety Dispatchers are the first, and can be the most critical, contact our citizens have with emergency services, and are the vital link for our law enforcement officers and fire personnel by monitoring their activities by radio providing them with information and insuring their safety; and
WHEREAS, the Public Safety Dispatchers of the Lake County Sheriff's Office have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients, exhibiting compassion, understanding and professionalism during the performance of their job.
NOW, THERFORE, BE IT PROCLAIMED that the Lake County Board of Supervisors does, hereby designate the week of April 15-19, 2019 as National Public Safety Dispatcher Week in Lake County and encourages all citizens to join in recognizing the commitment of public safety dispatchers in our communities to preserve the safety of us all.
FISCAL IMPACT: _x_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): n/a
STAFFING IMPACT (if applicable): n/a
..Recommended Action
RECOMMENDED ACTION: Adopt Proclamation Designating the Week of April 14-20, 2019 as Public Safety Dispatcher Week in Lake County, CA.
5.4Approve Contract between the County of Lake and People Services for yard maintenance in the amount of $9,234.33 annually, terminating June 30, 2021, and authorize the Chair to sign
Agreement
passed on consent
approved — Pass
Staff memo
EXECUTIVE SUMMARY:
People Services has been doing yard maintenance for two Social Services facilities since September 1999. We are extending the term of our contract with them for an additional three years.
FISCAL IMPACT: __ None x Budgeted __Non-Budgeted
Amount Budgeted: $9234.33
Additional Requested: $ 0
Annual Cost (if planned for future years): $9,234.33
FISCAL IMPACT (Narrative):
There is no County cost associated with this lease agreement.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Approve Contract between the County of Lake and People Services for yard maintenance in the amount of $9,234.33 annually, terminating June 30, 2021, and authorize the Chair to sign.
Thank you for your consideration.
Attachment: Contract for People Services, Inc. V-3
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: CRYSTAL MARKYTAN, SOCIAL SERVICES DIRECTOR
DATE: April 16, 2019
SUBJECT: Approve Contract between the County of Lake and People Services for yard maintenance in the amount of $9,234.33 annually, terminating June 30, 2021, and authorize the Chair to sign
EXECUTIVE SUMMARY:
People Services has been doing yard maintenance for two Social Services facilities since September 1999. We are extending the term of our contract with them for an additional three years.
FISCAL IMPACT: __ None x Budgeted __Non-Budgeted
Estimated Cost: $9234.33
Amount Budgeted: $9234.33
Additional Requested: $ 0
Annual Cost (if planned for future years): $9,234.33
FISCAL IMPACT (Narrative):
There is no County cost associated with this lease agreement.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Approve Contract between the County of Lake and People Services for yard maintenance in the amount of $9,234.33 annually, terminating June 30, 2021, and authorize the Chair to sign.
Thank you for your consideration.
Attachment: Contract for People Services, Inc. V-3
On motion of Supervisor Sabatier, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.3, and pulled Item 5.4 for discussion. The motion carried by the following vote:
Clerk’s notes: Supervisor Sabatier pulled Item 5.4 from the consent agenda for discussion and continued the item to a future date.
6. Timed Items
6.19:05 A.M. - Public Input
Clerk’s notes: Gene Paleno and Ed Robey spoke.
6.39:15 A.M. - PUBLIC HEARING - Consideration of Resolution Approving Resolutions and Capital Fire Facility and Equipment Plans Submitted by Lake County Fire Agencies and Updating the Lake County Capital Fire Facility and Equipment Plan. (update attachments once all dist received)
Public Hearing
Adopted — Pass
Staff memo
EXECUTIVE SUMMARY:
In October of 1992, the Board of Supervisors adopted Ordinance No. 2114 establishing a Fire Mitigation Fee Program that is applicable on new construction. Pursuant to that Ordinance, each local fire district adopted a Capital Fire Facility and Equipment Plan, which serves as the basis for the findings that support each district's requested fire mitigation fees. Those individual Plans and findings were then collectively adopted by your Board to become the Lake County Capital Fire Facility and Equipment Plan.
The subject Ordinance also directs the fire districts to annually submit a resolution which reflects re-adoption of their findings and a request to continue imposition of their fire mitigation fees. Similarly, Government Code Section 66002 requires that the Lake County Fire Facility and Equipment Plan be updated annually by resolution at a noticed public hearing. This update consists of each district's re-adopted findings as well as their Capital Fire Facility and Equipment Plans as may be amended.
Each of the fire districts has now submitted the appropriate resolutions which staff has found sufficient to meet the requirements of Ordinance No. 2114.
The attached County resolution serves to collectively approve the individual resolutions of each fire district, update the Lake County Fire Facility and Equipment Plan (if applicable), and authorize collection of the indicated fire mitigation fees.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution Approving Resolutions and Capital Fire Facility and Equipment Plans Submitted by Lake County Fire Agencies and Updating the Lake County Capital Fire Facility and Equipment Plan.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: April 16, 2019
SUBJECT: 9:15 A.M. - PUBLIC HEARING - Consideration of Resolution Approving Resolutions and Capital Fire Facility and Equipment Plans Submitted by Lake County Fire Agencies and Updating the Lake County Capital Fire Facility and Equipment Plan.
EXECUTIVE SUMMARY:
In October of 1992, the Board of Supervisors adopted Ordinance No. 2114 establishing a Fire Mitigation Fee Program that is applicable on new construction. Pursuant to that Ordinance, each local fire district adopted a Capital Fire Facility and Equipment Plan, which serves as the basis for the findings that support each district's requested fire mitigation fees. Those individual Plans and findings were then collectively adopted by your Board to become the Lake County Capital Fire Facility and Equipment Plan.
The subject Ordinance also directs the fire districts to annually submit a resolution which reflects re-adoption of their findings and a request to continue imposition of their fire mitigation fees. Similarly, Government Code Section 66002 requires that the Lake County Fire Facility and Equipment Plan be updated annually by resolution at a noticed public hearing. This update consists of each district's re-adopted findings as well as their Capital Fire Facility and Equipment Plans as may be amended.
Each of the fire districts has now submitted the appropriate resolutions which staff has found sufficient to meet the requirements of Ordinance No. 2114.
The attached County resolution serves to collectively approve the individual resolutions of each fire district, update the Lake County Fire Facility and Equipment Plan (if applicable), and authorize collection of the indicated fire mitigation fees.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
Adopt Resolution Approving Resolutions and Capital Fire Facility and Equipment Plans Submitted by Lake County Fire Agencies and Updating the Lake County Capital Fire Facility and Equipment Plan.
Supervisor Simon offered the Resolution and it was passed by role call vote:
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board.
Chair Scott asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.510:00 A.M. - (Continued from April 9, 2019) - Consideration of Responses to the Bureau of Indian Affairs Invitation to Provide Comment on the Big Valley Band of Pomo Indians’ Land Acquisition Applications
Action Item
approved as amended — Pass
Carried 5-0 — moved by Crandell (recovered from the archived minutes)
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
On March 4, 2019, the County received a Notice from the Bureau of Indian Affairs (Bureau) inviting comment on the Big Valley Band of Pomo Indians' (Tribe) application to move seven parcels into trust. As staff began its due diligence researching this matter, new information was learned regarding the Tribe's recently opened cannabis dispensary along with an expansion of cultivation and manufacturing programs. The Bureau requested information on property taxes, assessments, government services provided, and potential zoning consistency. The accompanying information indicates that the Secretary of the Interior will consider factors such as the purpose for which the land will be used; the impacts on local government of removing said properties from the tax rolls; and jurisdictional problems and potential conflicts of land use that may arise. Staff's comments are intended to ensure that any potential demands on infrastructure and services will continue to be met for constituents throughout the area. The Bureau's recent invitation to comment represents the first, and possibly only, opportunity for the County to address potential concerns.
On March 20, 2019, the Bureau responded to County staff's request for a 30 day extension from the March 26th deadline and granted it in part, with a new deadline of April 18, 2019. On March 22, 2019, the County received another notice for fourteen parcels to be moved into trust, also with an April 18th deadline to respond to Bureau's request for comment. During staff's continued research, it became clear that beyond the expansion of the Tribe's cannabis industries, there are other potential inconsistencies in land use, both present and possibly future.
On April 9, 2019, the Tribal Administrator, Mr. Ben Ray III, expressed concern that the proposed comments were incorrectly addressing land already in trust as being the parcels specified in these pending applications. Some of the lands already moved into trust are discussed in the comments to provide context, as these parcels are being repurposed to cannabis cultivation and a potential commercial center, including a small casino. Those parcels specified as being included in the applications were addressed separately with examples of use patterns the County was previously unaware of, such as cannabis cultivation or additional casino related parking facilities. The reasoning behind discussing them in tandem stems from the need to consider cumulative effects in the area, since moving them into trust makes them similarly available for repurposing to the aforementioned uses in the future, even if there are no plans to do so presently. These discussions have been further delineated to alleviate any potential confusion.
During the Board's discussion with Mr. Ray it was learned that he could provide several hundred pages of documents the County has not viewed as part of this process. As of your deadline to publish the agenda those documents have not yet been received. These documents may help guide further inquiry into whether, for example, County funds would be required to improve Soda Bay Road to accommodate increased traffic.
Due to these recent developments, these proposed comments clarify for the Bureau that staff is unable to fully and informatively respond to the Bureau's requests for information on these short timelines. Staff has highlighted the areas of concern and noted that further time would be necessary to investigate the proper tax valuations and evaluate the infrastructure of the surrounding area. Staff can then determine any steps or costs that might be necessary to accommodate potential development by the Tribe. The proposed comments give greater background detail and suggest the Bureau provide County staff the opportunity to identify topics requiring attention and work with the Tribe and other local partners to gather the necessary information. The County would then look forward working in good faith with the Tribe on reaching a mutually satisfactory agreement to address any concerns. If these items are not acted upon today your Board will miss the opportunity to provide comments, as the Bureau's deadline to receive the response is April 18, 2019.
A number of County departments came together to assist in the preparation of these responses and staff is extremely grateful to all who contributed.
FISCAL IMPACT: _x_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends that your Board approve the two proposed responses to the Bureau's invitation to provide comments, authorizing the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: April 16, 2019
SUBJECT: Consideration of Responses to the Bureau of Indian Affairs Invitation to Provide Comment on the Big Valley Band of Pomo Indians' Land Acquisition Applications
EXECUTIVE SUMMARY:
On March 4, 2019, the County received a Notice from the Bureau of Indian Affairs (Bureau) inviting comment on the Big Valley Band of Pomo Indians' (Tribe) application to move seven parcels into trust. As staff began its due diligence researching this matter, new information was learned regarding the Tribe's recently opened cannabis dispensary along with an expansion of cultivation and manufacturing programs. The Bureau requested information on property taxes, assessments, government services provided, and potential zoning consistency. The accompanying information indicates that the Secretary of the Interior will consider factors such as the purpose for which the land will be used; the impacts on local government of removing said properties from the tax rolls; and jurisdictional problems and potential conflicts of land use that may arise. Staff's comments are intended to ensure that any potential demands on infrastructure and services will continue to be met for constituents throughout the area. The Bureau's recent invitation to comment represents the first, and possibly only, opportunity for the County to address potential concerns.
On March 20, 2019, the Bureau responded to County staff's request for a 30 day extension from the March 26th deadline and granted it in part, with a new deadline of April 18, 2019. On March 22, 2019, the County received another notice for fourteen parcels to be moved into trust, also with an April 18th deadline to respond to Bureau's request for comment. During staff's continued research, it became clear that beyond the expansion of the Tribe's cannabis industries, there are other potential inconsistencies in land use, both present and possibly future.
On April 9, 2019, the Tribal Administrator, Mr. Ben Ray III, expressed concern that the proposed comments were incorrectly addressing land already in trust as being the parcels specified in these pending applications. Some of the lands already moved into trust are discussed in the comments to provide context, as these parcels are being repurposed to cannabis cultivation and a potential commercial center, including a small casino. Those parcels specified as being included in the applications were addressed separately with examples of use patterns the County was previously unaware of, such as cannabis cultivation or additional casino related parking facilities. The reasoning behind discussing them in tandem stems from the need to consider cumulative effects in the area, since moving them into trust makes them similarly available for repurposing to the aforementioned uses in the future, even if there are no plans to do so presently. These discussions have been further delineated to alleviate any potential confusion.
During the Board's discussion with Mr. Ray it was learned that he could provide several hundred pages of documents the County has not viewed as part of this process. As of your deadline to publish the agenda those documents have not yet been received. These documents may help guide further inquiry into whether, for example, County funds would be required to improve Soda Bay Road to accommodate increased traffic.
Due to these recent developments, these proposed comments clarify for the Bureau that staff is unable to fully and informatively respond to the Bureau's requests for information on these short timelines. Staff has highlighted the areas of concern and noted that further time would be necessary to investigate the proper tax valuations and evaluate the infrastructure of the surrounding area. Staff can then determine any steps or costs that might be necessary to accommodate potential development by the Tribe. The proposed comments give greater background detail and suggest the Bureau provide County staff the opportunity to identify topics requiring attention and work with the Tribe and other local partners to gather the necessary information. The County would then look forward working in good faith with the Tribe on reaching a mutually satisfactory agreement to address any concerns. If these items are not acted upon today your Board will miss the opportunity to provide comments, as the Bureau's deadline to receive the response is April 18, 2019.
A number of County departments came together to assist in the preparation of these responses and staff is extremely grateful to all who contributed.
FISCAL IMPACT: _x_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends that your Board approve the two proposed responses to the Bureau's invitation to provide comments, authorizing the Chair to sign.
There was Board consensus that the letters should be revised from a neutral to a positive response. The agenda item will be reopened when the letters are complete.
On motion of Supervisor Crandell, and by vote of the Board, approved, as amended, the responses to the Bureau of Indian Affairs Invitation to Provide Comment on the Big Valley Band of Pomo Indians’ Land Acquisition Applications. The motion carried by the following vote:
Clerk’s notes: Supervisor Simon recused himself from this item. Chair Scott presented the item to the Board. County Administrative Officer Carol Huchingson spoke.
Chair Scott asked if anyone present wished to speak. Big Valley Rancheria Environmental Director Sarah Ryan was present and spoke. No one else wished to speak and the public input portion of this item was closed.
The Board closed this item and Administrative staff will revise the letters as requested and bring back for consideration later in the meeting.
The Board reopened this item at 3:20 p.m. Supervisor Simon recused himself. A revised copy of each letter was distributed to the Board members for review.
Chair Scott asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.610:30 A.M. - PUBLIC HEARING - Consideration of Resolutions Accepting and Confirming Ballot Tabulation for the Establishment of Zones of Benefit within CSA 23 in the following communities: (a) Buckingham; (b) Riviera Heights; (c) Riviera West; and (d) Clearlake Riviera
Public Hearing
Adopted
Staff memo
EXECUTIVE SUMMARY:
On January 29, 2019, your Board adopted four Resolutions of Intent to create Zones of Benefit within CSA No. 23, identified as Clearlake Riviera, Buckingham, Riviera West and Riviera Heights, for a pilot program taking a proactive approach to protecting County roadways from wildfire damage.
At that time, your Board adopted the Engineer's Report demonstrating the shared benefit of the measures and legal descriptions of the boundaries of each proposed Zone, approved the ballots to be distributed, and set a date for public Protest Hearings, as required by Proposition 218.
The matter of creation of these Zones of Benefit was thereafter voted upon by recorded property owners in the four above listed communities. A preliminary tabulation of votes was conducted and shared with the public following the measures' Protest Hearings on March 26, 2019. Each of the four proposed Zones had gained strong majority support.
Final tabulations for the proposed Zones are as follows:
Buckingham
a. For 252
b. Against 153
Riviera Heights
a. For 173
b. Against 142
Riviera West
a. For 181
b. Against 86
Clearlake Riviera
a. For 654
b. Against 516
During the Protest Hearings, one member of the public noted that the language, "Official Ballot Enclosed," was not printed on the envelopes in which ballots were mailed. I and my staff sincerely regret this omission. However, as your Board may be aware, the purpose of this statute, Government Code Section 53753 (b), is to ensure that property owners are aware of their opportunity to vote to accept or oppose the proposed assessments, and do not unknowingly throw away their ballots.
Your Board may determine whether the ballot measure, as conducted, was in substantial compliance with the noticing requirements of Government Code section 53753.
Numerous and substantial efforts were made to inform property owners in the affected areas that they would receive ballots from County:
� Your Board discussed this matter on four distinct occasions (1/8/2019, 1/29/2019, 2/26/2019, 3/26/2019), exceeding the required two (Resolutions of Intention, Protest Hearings)
� Supervisor Brown conducted two informational Town Hall style meetings, attended by hundreds.
� The County issued two Press Releases, and shared each of these via social media; one of the posts reached nearly 2,000 people.
� In total, at least 17 information releases that discussed the proposed Zones of Benefit were issued prior to the March 26 protest hearings. These included significant coverage by local media partners, including LakeCoNews and the Lake County Record-Bee, in addition to the County's direct efforts.
In addition, each of the Homeowners' Associations undertook their own information sharing efforts. Buckingham and Riviera Heights provided examples of their outreach, and both addressed their members on three or more occasions.
Further, all envelopes containing mailed ballots were labeled, "County of Lake," and mailed First Class, not Bulk Mail, indicating they were not "junk mail," and should not be thrown away.
Provided your Board finds that these, and/or other factors, substantially fulfill the reasonable objective of Government Code section 53753 (b), staff recommends your Board adopt the attached Resolutions, accepting and confirming ballot tabulation for the four proposed Zones of Benefit.
As detailed above, a strong majority of voters who expressed their intent supported these measures, and the assessments are expected to limit the risk of wildfire to residents of the affected areas.
FISCAL IMPACT: _x_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Adopt the Resolutions Accepting and Confirming Ballot Tabulation for the Establishment of Zones of Benefit within CSA 23 in the following communities: (a) Buckingham; (b) Riviera Heights; (c) Riviera West; and (d) Clearlake Riviera.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: April 16, 2019
SUBJECT: Consideration of Resolutions Accepting and Confirming Ballot Tabulation for the Establishment of Zones of Benefit within CSA 23 in the following communities: (a) Buckingham; (b) Riviera Heights; (c) Riviera West; and (d) Clearlake Riviera
EXECUTIVE SUMMARY:
On January 29, 2019, your Board adopted four Resolutions of Intent to create Zones of Benefit within CSA No. 23, identified as Clearlake Riviera, Buckingham, Riviera West and Riviera Heights, for a pilot program taking a proactive approach to protecting County roadways from wildfire damage.
At that time, your Board adopted the Engineer's Report demonstrating the shared benefit of the measures and legal descriptions of the boundaries of each proposed Zone, approved the ballots to be distributed, and set a date for public Protest Hearings, as required by Proposition 218.
The matter of creation of these Zones of Benefit was thereafter voted upon by recorded property owners in the four above listed communities. A preliminary tabulation of votes was conducted and shared with the public following the measures' Protest Hearings on March 26, 2019. Each of the four proposed Zones had gained strong majority support.
Final tabulations for the proposed Zones are as follows:
Buckingham
a. For 252
b. Against 153
Riviera Heights
a. For 173
b. Against 142
Riviera West
a. For 181
b. Against 86
Clearlake Riviera
a. For 654
b. Against 516
During the Protest Hearings, one member of the public noted that the language, "Official Ballot Enclosed," was not printed on the envelopes in which ballots were mailed. I and my staff sincerely regret this omission. However, as your Board may be aware, the purpose of this statute, Government Code Section 53753 (b), is to ensure that property owners are aware of their opportunity to vote to accept or oppose the proposed assessments, and do not unknowingly throw away their ballots.
Your Board may determine whether the ballot measure, as conducted, was in substantial compliance with the noticing requirements of Government Code section 53753.
Numerous and substantial efforts were made to inform property owners in the affected areas that they would receive ballots from County:
� Your Board discussed this matter on four distinct occasions (1/8/2019, 1/29/2019, 2/26/2019, 3/26/2019), exceeding the required two (Resolutions of Intention, Protest Hearings)
� Supervisor Brown conducted two informational Town Hall style meetings, attended by hundreds.
� The County issued two Press Releases, and shared each of these via social media; one of the posts reached nearly 2,000 people.
� In total, at least 17 information releases that discussed the proposed Zones of Benefit were issued prior to the March 26 protest hearings. These included significant coverage by local media partners, including LakeCoNews and the Lake County Record-Bee, in addition to the County's direct efforts.
In addition, each of the Homeowners' Associations undertook their own information sharing efforts. Buckingham and Riviera Heights provided examples of their outreach, and both addressed their members on three or more occasions.
Further, all envelopes containing mailed ballots were labeled, "County of Lake," and mailed First Class, not Bulk Mail, indicating they were not "junk mail," and should not be thrown away.
Provided your Board finds that these, and/or other factors, substantially fulfill the reasonable objective of Government Code section 53753 (b), staff recommends your Board adopt the attached Resolutions, accepting and confirming ballot tabulation for the four proposed Zones of Benefit.
As detailed above, a strong majority of voters who expressed their intent supported these measures, and the assessments are expected to limit the risk of wildfire to residents of the affected areas.
FISCAL IMPACT: _x_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Adopt the Resolutions Accepting and Confirming Ballot Tabulation for the Establishment of Zones of Benefit within CSA 23 in the following communities: (a) Buckingham; (b) Riviera Heights; (c) Riviera West; and (d) Clearlake Riviera.
(a) Supervisor Brown offered the resolution and it passed by role call vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
(b) Supervisor Brown offered the resolution and it passed by role call vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
(c) Supervisor Brown offered the resolution and it passed by role call vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
(d) Supervisor Brown offered the resolution and it passed by role call vote:
Ayes: Supervisors Simon, Sabatier, Crandell, Brown and Scott
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board.
Chair Scott asked if anyone present wished to speak and Brad Chatten spoke. 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 long distance travel to Death Valley, CA for Eddie Crandell, District 3 Supervisor to attend the Representing California's Rural Counties (RCRC) Board of Directors Meeting to be held April 30- May 2, 2019
Action Item
approved — Pass
Carried 4-0 — moved by Simon (recovered from the archived minutes)
Brown: aye Crandell: abstain Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: abstain Sabatier: aye Scott: aye Simon: aye
Staff memo
EXECUTIVE SUMMARY:
Typically an item of this nature would ordinarily be on the Consent Agenda, however due to Supervisor Crandell needing to recuse himself from this item, I have placed this as a non-timed item.
Per County of Lake Travel Policy Section 1.3.D, all travel exceeding 1,500 map distance miles round trip and travel to or around the Las Vegas, Nevada area shall require prior approval by motion of the Board of Supervisors. While Supervisor Crandell will be flying into the Las Vegas, Nevada airport, the RCRC meeting will actually take place in Death Valley, CA.
As a tradition, the RCRC Board of Directors holds one Board Meeting each year in the county of the RCRC Chair. This year's meeting will be held at the Oasis at Death Valley in Inyo County.
RCRC's Travel Expense Policy covers the cost of hotel accommodations at this meeting for two nights, as well as transportation costs associated with attendance at this meeting (flight and mileage).
..Recommended Action
RECOMMENDED ACTION:
Approve long distance travel to Death Valley, CA for Eddie Crandell, District 3 Supervisor to attend the Representing California's Rural Counties (RCRC) Board of Directors Meeting to be held April 30- May 2, 2019.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: April 16, 2019
SUBJECT: Consideration of long distance travel to Death Valley, CA for Eddie Crandell, District 3 Supervisor to attend the Representing California's Rural Counties (RCRC) Board of Directors Meeting to be held April 30- May 2, 2019
EXECUTIVE SUMMARY:
Typically an item of this nature would ordinarily be on the Consent Agenda, however due to Supervisor Crandell needing to recuse himself from this item, I have placed this as a non-timed item.
Per County of Lake Travel Policy Section 1.3.D, all travel exceeding 1,500 map distance miles round trip and travel to or around the Las Vegas, Nevada area shall require prior approval by motion of the Board of Supervisors. While Supervisor Crandell will be flying into the Las Vegas, Nevada airport, the RCRC meeting will actually take place in Death Valley, CA.
As a tradition, the RCRC Board of Directors holds one Board Meeting each year in the county of the RCRC Chair. This year's meeting will be held at the Oasis at Death Valley in Inyo County.
RCRC's Travel Expense Policy covers the cost of hotel accommodations at this meeting for two nights, as well as transportation costs associated with attendance at this meeting (flight and mileage).
..Recommended Action
RECOMMENDED ACTION:
Approve long distance travel to Death Valley, CA for Eddie Crandell, District 3 Supervisor to attend the Representing California's Rural Counties (RCRC) Board of Directors Meeting to be held April 30- May 2, 2019.
On motion of Supervisor Simon, and by vote of the Board, approved long distance travel to Death Valley, CA for Eddie Crandell, District 3 Supervisor to attend the Representing California's Rural Counties (RCRC) Board of Directors Meeting to be held April 30- May 2, 2019. The motion carried by the following vote:
Clerk’s notes: Supervisor Crandell recused himself from the agenda item. County Administrative Officer Carol Huchingson presented the item to the Board.
Chair Scott asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.3(Sitting as the Lake County Sanitation District, Board of Directors) Consideration of the Special Districts Administrator’s request to initiate an interim loan in the amount of $493,000 to fund 256.8356.501.80-92, Anderson Springs Sewer, from fund 254.8354.501.80-93, LACOSAN SE, to facilitate payment to contractor K.J. Woods Construction
Action Item
approved
Carried 5-0 — moved by Simon
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
EXECUTIVE SUMMARY: On April 11, 2017, your Board approved the Lake County Sanitation District (LACOSAN) to enter into a financial assistance agreement with the State Water Resource Control Board for the construction of the Anderson Springs Sewer system.
On November 13, 2017, your Board approved a contract award to KJ Woods Construction in the amount of $6,948,000.00.
Per the grant terms as outlined in State Water Resource Control Board Grant Agreement No. D17-04003, LACOSAN is to submit reimbursement requests to The State Water Resource Control Board for invoices received from the contractor over the course of the construction project. The State has reimbursed LACOSAN for all invoices submitted through January 2019 and payment has been made to K.J. Woods Construction for said invoices.
In late January 2019, the State Water Resource Control Board notified LACOSAN that there would be a delay in issuing reimbursement payments due to the implementation of a new State financial system and they could not provide an estimated timeframe for completion of the project and resumption of reimbursements.
K.J. Woods Construction submitted an invoice to LACOSAN in March 2019 in the amount of $264,155 that is now due. In order to remain in compliance with State law, LACOSAN is requesting an interim loan of $493,000 from LACOSAN Southeast, fund 254, to LACOAN Anderson Springs Sewer, fund 256 to facilitate this invoice payment and to provide additional funds to facilitate anticipated future invoice payments if they become necessary due to any further delay in grant reimbursements from the State.
This interim loan will be reimbursed upon receipt of grant reimbursement funds from the State which is anticipated to occur before the end of FY2019.
FISCAL IMPACT: __ None __Budgeted _X_Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): See above
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Authorize the Special Districts Administrator to initiate an interim loan in the amount of $493,000 to fund 256.8356.501.80-92, Anderson Springs Sewer, from fund 254.8354.501.80-93, LACOSAN SE, to facilitate payment to contractor K.J. Woods Construction.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Directors
FROM: Jan Coppinger, Administrator
Dan Janakes, Deputy Administrator- Fiscal
DATE: April 16, 2019
SUBJECT: Consideration of the Special Districts Administrator's request to initiate an interim loan in the amount of $493,000 to fund 256.8356.501.80-92, Anderson Springs Sewer, from fund 254.8354.501.80-93, LACOSAN SE, to facilitate payment to contractor K.J. Woods Construction
EXECUTIVE SUMMARY: On April 11, 2017, your Board approved the Lake County Sanitation District (LACOSAN) to enter into a financial assistance agreement with the State Water Resource Control Board for the construction of the Anderson Springs Sewer system.
On November 13, 2017, your Board approved a contract award to KJ Woods Construction in the amount of $6,948,000.00.
Per the grant terms as outlined in State Water Resource Control Board Grant Agreement No. D17-04003, LACOSAN is to submit reimbursement requests to The State Water Resource Control Board for invoices received from the contractor over the course of the construction project. The State has reimbursed LACOSAN for all invoices submitted through January 2019 and payment has been made to K.J. Woods Construction for said invoices.
In late January 2019, the State Water Resource Control Board notified LACOSAN that there would be a delay in issuing reimbursement payments due to the implementation of a new State financial system and they could not provide an estimated timeframe for completion of the project and resumption of reimbursements.
K.J. Woods Construction submitted an invoice to LACOSAN in March 2019 in the amount of $264,155 that is now due. In order to remain in compliance with State law, LACOSAN is requesting an interim loan of $493,000 from LACOSAN Southeast, fund 254, to LACOAN Anderson Springs Sewer, fund 256 to facilitate this invoice payment and to provide additional funds to facilitate anticipated future invoice payments if they become necessary due to any further delay in grant reimbursements from the State.
This interim loan will be reimbursed upon receipt of grant reimbursement funds from the State which is anticipated to occur before the end of FY2019.
FISCAL IMPACT: __ None __Budgeted _X_Non-Budgeted
Estimated Cost: $493,000
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): See above
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Authorize the Special Districts Administrator to initiate an interim loan in the amount of $493,000 to fund 256.8356.501.80-92, Anderson Springs Sewer, from fund 254.8354.501.80-93, LACOSAN SE, to facilitate payment to contractor K.J. Woods Construction.
On motion of Director Simon, and by vote of the Board, approved to initiate an interim loan in the amount of $493,000 to fund 256.8356.501.80-92, Anderson Springs Sewer, from fund 254.8354.501.80-93, LACOSAN SE, to facilitate payment to contractor K.J. Woods Construction. The motion carried by the following vote:
Ayes: Directors Simon, Sabatier, Crandell, Brown and Scott
Clerk’s notes: Special Districts Administrator Jan Coppinger introduced the item. Deputy Administrator Dan Janakes presented the item to the Board.
Chair Scott 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 Contract Change Order No. 1 for the Lower Lake Parks Maintenance Facility Project, Bid No. 18-17
Action Item
approved — Pass
Carried 5-0 — moved by Simon (recovered from the archived minutes)
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): This project is a Clayton Fire rebuild and the expenses have been submitted to the County's insurance provider for reimbursement. Changes to the scope of the project which are within the scope of the approved Statement of Loss are typically eligible for reimbursement. These minor changes are within the scope of the Statement of Loss and are expected to be reimbursed to the County.
STAFFING IMPACT (if applicable): N/A
RECOMMENDED ACTION: Approve Contract Change Order No. 1 for the Lower Lake Parks Maintenance Facility Project, Bid No. 18-17
Original memo text
MEMORANDUM
TO: Board of Supervisors
FROM: Lars Ewing, Public Services Director
DATE: April 16, 2019
SUBJECT: Consideration of Contract Change Order No. 1 for the Lower Lake Parks Maintenance Facility Project, Bid No. 18-17
EXECUTIVE SUMMARY:
The project specifications for the construction of the Lower Lake Parks Maintenance Facility inadvertently excluded a provision to allow the County to make a color selection of the concrete masonry unit (CMU) block and grout. The low bidder that was awarded the contract, True North Constructors, based their bid on standard CMU block and grout color. This change order accounts for the cost of a CMU block and grout of a color as selected by County staff and adds working days to allow for the fabrication and delivery time. The increased cost to the project is $7,369.00 for a total contract cost of $731,106.00.
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Estimated Cost: $731,106.00
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): This project is a Clayton Fire rebuild and the expenses have been submitted to the County's insurance provider for reimbursement. Changes to the scope of the project which are within the scope of the approved Statement of Loss are typically eligible for reimbursement. These minor changes are within the scope of the Statement of Loss and are expected to be reimbursed to the County.
STAFFING IMPACT (if applicable): N/A
RECOMMENDED ACTION: Approve Contract Change Order No. 1 for the Lower Lake Parks Maintenance Facility Project, Bid No. 18-17
On motion of Supervisor Simon, and by vote of the Board, approved Contract Change Order No. 1 for the Lower Lake Parks Maintenance Facility Project, Bid No. 18-17. The motion carried by the following vote:
Clerk’s notes: Public Services Director Lars Ewing presented the item to the Board.
Chair Scott 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 Evaluations
Title: Social Services Director
Information Technology Director
Closed Session Item
8.2Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code sec. 54956.9(d)(1): County of Lake, et al. v. PG&E, et al
Closed Session Item
8.3Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code sec. 54956.9 (d)(1): Navarro v. County of Lake
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 3:20 p.m. having taken no action.