Board Of Supervisors — Tuesday, January 11, 2022
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How to attend or watch
Due to the COVID-19 crisis, meetings of the Lake County Board of Supervisors will be available for participation virtually via Zoom. Live video of all Board of Supervisors meetings is broadcast online, at: https://countyoflake.legistar.com/Calendar.aspx
Please note that Item 8.1 and 8.2 will be taken up for discussion at Lakeport City Hall (225 Park St., Lakeport, CA, 95453).
To participate in real time, please join the Zoom Meeting, by clicking the link below at 9am: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://lakecounty.zoom.us/j/96827636631?pwd=OGZnV2t3NkR6eDJMbXRNMC9KUFU4dz09 Passcode: 023705 Or One tap mobile: +16699006833,,96827636631#,,,,*023705# US (San Jose) +13462487799,,96827636631#,,,,*023705# US (Houston) Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 301 715 8592 or +1 312 626 6799 or +1 929 205 6099 Webinar ID: 968 2763 6631 Passcode: 023705 International numbers available: https://lakecounty.zoom.us/u/ad5SqEKDn8 Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) or 162.255.36.11 (US East) Webinar ID: 968 2763 6631 Passcode: 023705 SIP: 96827636631@zoomcrc.com Passcode: 023705
To submit a written comment on any agenda item please visit: https://countyoflake.legistar.com/Calendar.aspx and click on the eComment feature linked to the meeting date. If a comment is submitted after the meeting begins, it may not be read during the meeting but will become a part of the record.
Thank you for your interest in this meeting.
Tuesday, January 11, 2022 5:30 p.m. City Council Chambers, 225 Park Street, Lakeport, California 95453 If you cannot attend in person, and would like to speak on an agenda item, you can access the Zoom meeting remotely: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/87087455679?pwd=N0I4SDE1b28xQVQ1NzFPWHl0cEVQUT09 Passcode: 122127 Or One tap mobile: +12532158782,,87087455679#,,,,*122127# US (Tacoma) +13462487799,,87087455679#,,,,*122127# US (Houston) Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 346 248 7799 or +1 720 707 2699 or +1 301 715 8592 or +1 312 626 6799 or +1 646 558 8656 Webinar ID: 870 8745 5679 Passcode: 122127 International numbers available: https://us06web.zoom.us/u/k3e5ePPe0
Please note that Item 8.1 and 8.2 will be taken up for discussion at Lakeport City Hall (225 Park St., Lakeport, CA, 95453).
To participate in real time, please join the Zoom Meeting, by clicking the link below at 9am: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://lakecounty.zoom.us/j/96827636631?pwd=OGZnV2t3NkR6eDJMbXRNMC9KUFU4dz09 Passcode: 023705 Or One tap mobile: +16699006833,,96827636631#,,,,*023705# US (San Jose) +13462487799,,96827636631#,,,,*023705# US (Houston) Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 301 715 8592 or +1 312 626 6799 or +1 929 205 6099 Webinar ID: 968 2763 6631 Passcode: 023705 International numbers available: https://lakecounty.zoom.us/u/ad5SqEKDn8 Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) or 162.255.36.11 (US East) Webinar ID: 968 2763 6631 Passcode: 023705 SIP: 96827636631@zoomcrc.com Passcode: 023705
To submit a written comment on any agenda item please visit: https://countyoflake.legistar.com/Calendar.aspx and click on the eComment feature linked to the meeting date. If a comment is submitted after the meeting begins, it may not be read during the meeting but will become a part of the record.
Thank you for your interest in this meeting.
Tuesday, January 11, 2022 5:30 p.m. City Council Chambers, 225 Park Street, Lakeport, California 95453 If you cannot attend in person, and would like to speak on an agenda item, you can access the Zoom meeting remotely: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/87087455679?pwd=N0I4SDE1b28xQVQ1NzFPWHl0cEVQUT09 Passcode: 122127 Or One tap mobile: +12532158782,,87087455679#,,,,*122127# US (Tacoma) +13462487799,,87087455679#,,,,*122127# US (Houston) Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 346 248 7799 or +1 720 707 2699 or +1 301 715 8592 or +1 312 626 6799 or +1 646 558 8656 Webinar ID: 870 8745 5679 Passcode: 122127 International numbers available: https://us06web.zoom.us/u/k3e5ePPe0
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
5.1Approve Grant Application Submission for the Public Defense Pilot Program to Receive A Yearly Allotment of $81,403.94 from March 1, 2022 – March 1, 2024 to Provide Indigent Defense Services
Action Item
passed on consent
Staff memo
Executive Summary
The Budget Act of 2021 (Senate Bill 129) established the Public Defense Pilot Program. These funds, administered by the Board of State and Community Corrections (BSCC), may be utilized for indigent defense providers that includes funding for public defenders, alternate defenders, and other qualifying entities (e.g. social workers, interpreters, immigration attorneys). These funds can only be used to provide indigent defense in criminal matters for the purposes of workload associated only with the following penal codes:
a. Penal Code 1170.95 (SB 1437) - Allows people convicted of murder, who were not the actual killers, to file a petition with the court to have their murder conviction vacated and to be resentenced.
b. Penal Code 1170(d)(1) - Allows the court to reduce a person's term of imprisonment and modify the judgement if it is in the interest of justice.
c. Penal Code 1473.7 - Allows for the vacation of a conviction because the person did not meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of their plea.
d. Penal Code 3051 (Franklin Hearing) - Allows for a Youth Offender Parole Hearing for anyone who was 25 or younger at the time of their offence with a "meaningful opportunity for release" that includes taking into consideration the individuals personal history and their growth and maturity since the offence.
Each county received a designated allotment for this pilot program for three (3) years. If awarded, the County will receive the following disbursements:
March 1, 2022: $81,403.94 is disbursed and can be spent between 3/1/22-1/1/2025
March 1, 2023: $81,403.94 is disbursed and can be spent between 3/1/23-1/1/2025
March 1, 2024: $81,403.94 is disbursed and can be spent between 3/1/24-1/1/2025
These funds can only be used to supplement and not supplant current funding sources.
If your Board supports this application submission for this pilot program, staff will submit the application by January 14, 2022 for consideration by the State of California, Board of State and Community Corrections.
Recommended Action
Approve application submission for the Public Defense Pilot Program in order to receive a yearly allotment of $81,403.94 from March 1, 2022 - March 1, 2024 to supplement the funding of indigent defense services.
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Subject: Approve Grant Application Submission for the Public Defense Pilot Program to Receive A Yearly Allotment of $81,403.94 from March 1, 2022 - March 1, 2024 to Provide Indigent Defense Services
Executive Summary:
The Budget Act of 2021 (Senate Bill 129) established the Public Defense Pilot Program. These funds, administered by the Board of State and Community Corrections (BSCC), may be utilized for indigent defense providers that includes funding for public defenders, alternate defenders, and other qualifying entities (e.g. social workers, interpreters, immigration attorneys). These funds can only be used to provide indigent defense in criminal matters for the purposes of workload associated only with the following penal codes:
a. Penal Code 1170.95 (SB 1437) - Allows people convicted of murder, who were not the actual killers, to file a petition with the court to have their murder conviction vacated and to be resentenced.
b. Penal Code 1170(d)(1) - Allows the court to reduce a person's term of imprisonment and modify the judgement if it is in the interest of justice.
c. Penal Code 1473.7 - Allows for the vacation of a conviction because the person did not meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of their plea.
d. Penal Code 3051 (Franklin Hearing) - Allows for a Youth Offender Parole Hearing for anyone who was 25 or younger at the time of their offence with a "meaningful opportunity for release" that includes taking into consideration the individuals personal history and their growth and maturity since the offence.
Each county received a designated allotment for this pilot program for three (3) years. If awarded, the County will receive the following disbursements:
March 1, 2022: $81,403.94 is disbursed and can be spent between 3/1/22-1/1/2025
March 1, 2023: $81,403.94 is disbursed and can be spent between 3/1/23-1/1/2025
March 1, 2024: $81,403.94 is disbursed and can be spent between 3/1/24-1/1/2025
These funds can only be used to supplement and not supplant current funding sources.
If your Board supports this application submission for this pilot program, staff will submit the application by January 14, 2022 for consideration by the State of California, Board of State and Community Corrections.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action: Approve application submission for the Public Defense Pilot Program in order to receive a yearly allotment of $81,403.94 from March 1, 2022 - March 1, 2024 to supplement the funding of indigent defense services.
5.2Adopt Proclamation Designating the Month of January 2022 as Human Trafficking Awareness Month
Proclamation
passed on consent
Staff memo
Executive Summary
Please consider and adopt this proclamation Designating January 2022 Human Trafficking Month.
Recommended Action
Adopt Proclamation Designating January 2022 Human Trafficking Month.
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Lake County Board of Supervisors
From: Johanna DeLong, Assistant Clerk to the Board
Subject: Adopt Proclamation Designating January 2022 Human Trafficking Month.
Executive Summary:
Please consider and adopt this proclamation Designating January 2022 Human Trafficking Month.
If not budgeted, fill in the blanks below only:
Estimated Cost: ___N/A__ Amount Budgeted: __N/A___ Additional Requested: __ N/A ___ Future Annual Cost: __ N/A __
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action:
Adopt Proclamation Designating January 2022 Human Trafficking Month.
5.3Adopt Resolution Authorizing Joint Application to and Participation in the Homekey Program.
Resolution
passed on consent
Staff memo
Executive Summary
Lake County Behavioral Health Services (LCBHS) requests permission from the Lake County Board of Supervisors to submit a joint grant application for California Department of Housing and Community Development (CA HCD) Homekey 2 funds for interim housing, in partnership with Adventist Health Clear Lake (AHCL). The purpose of Homekey 2 funds is to sustain and rapidly expand the inventory of housing for local chronically homeless individuals or those that are at-risk of homelessness, as defined in Health and Safety Code Section 50675.1.3 subsection (I).
Funds would be used for acquisition and rehabilitation of motels, hotels, hostels, or other sites that could be converted to interim housing. This project builds on the past success of similar collaborative projects, including Hope Center and Restoration House. LCBHS would serve as the primary applicant, providing project oversight. AHCL would own and operate the interim housing facility for its intended purpose and be responsible for project sustainability.
Additionally, CA HCD will assign a Homekey ambassador to assist throughout the process pre- and post-award. Both parties must sign a regulatory agreement in the form of a 15-year covenant agreement ensuring the property will provide congregate, interim, or transitional housing for the full term of the covenant. Additional documents must also be reviewed and approved by the Lake County Board of Supervisors, including an authorizing resolution, upon approval of the award.
Exact funding caps for the project are dependent upon the number of rooms, or "doors," allocated to homeless clients as outlined in the attached notice of funding availability (NOFA) funding matrix. Capital allocation for facility purchase and rehabilitation is $200,000.00 per door. Operating subsidies include $1,400 per month per door for two or more years. LCBHS and AHCL request permission to apply for up to $13 million in Homekey 2 capital funds as potential properties are being evaluated. Please review the attached NOFA for additional information regarding the funding matrix.
Recommended Action
Approve resolution of the Lake County Board of Supervisors Authorizing Joint Application to and Participation in the Homekey Program and authorize the Board Chair to sign the Resolution.
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Lake County Board of Supervisors
From: Todd Metcalf, MPA, Director Behavioral Health Services
Subject: Consideration of Resolution of the Lake County Board of Supervisors Authorizing Joint Application to and Participation in the Homekey Program.
Executive Summary:
Lake County Behavioral Health Services (LCBHS) requests permission from the Lake County Board of Supervisors to submit a joint grant application for California Department of Housing and Community Development (CA HCD) Homekey 2 funds for interim housing, in partnership with Adventist Health Clear Lake (AHCL). The purpose of Homekey 2 funds is to sustain and rapidly expand the inventory of housing for local chronically homeless individuals or those that are at-risk of homelessness, as defined in Health and Safety Code Section 50675.1.3 subsection (I).
Funds would be used for acquisition and rehabilitation of motels, hotels, hostels, or other sites that could be converted to interim housing. This project builds on the past success of similar collaborative projects, including Hope Center and Restoration House. LCBHS would serve as the primary applicant, providing project oversight. AHCL would own and operate the interim housing facility for its intended purpose and be responsible for project sustainability.
Additionally, CA HCD will assign a Homekey ambassador to assist throughout the process pre- and post-award. Both parties must sign a regulatory agreement in the form of a 15-year covenant agreement ensuring the property will provide congregate, interim, or transitional housing for the full term of the covenant. Additional documents must also be reviewed and approved by the Lake County Board of Supervisors, including an authorizing resolution, upon approval of the award.
Exact funding caps for the project are dependent upon the number of rooms, or "doors," allocated to homeless clients as outlined in the attached notice of funding availability (NOFA) funding matrix. Capital allocation for facility purchase and rehabilitation is $200,000.00 per door. Operating subsidies include $1,400 per month per door for two or more years. LCBHS and AHCL request permission to apply for up to $13 million in Homekey 2 capital funds as potential properties are being evaluated. Please review the attached NOFA for additional information regarding the funding matrix.
If not budgeted, fill in the blanks below only:
Estimated Cost: _N/A__ Amount Budgeted: _ N/A__ Additional Requested: _ N/A___ Future Annual Cost: __ N/A__
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☒ Economic Development ☐ Infrastructure ☐ County Workforce
☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action: Approve resolution of the Lake County Board of Supervisors Authorizing Joint Application to and Participation in the Homekey Program and authorize the Board Chair to sign the Resolution.
5.4Approve Continuation of Resolution Authorizing Teleconfered Meetings during a State of Emergency Continue to Exist
Action Item
passed on consent
Staff memo
Executive Summary
Assembly Bill 361 was enacted on September 16, 2021. Assembly Bill 361 authorizes the
County to use teleconferencing for public meetings without following certain requirements of the
Brown Act. Assembly Bill 361 essentially continues, with some limitations, the ability of local governments to meet virtually during a state- proclaimed State of Emergency as local governments have been authorized to do pursuant to Executive Orders of the Governor.
On September 28, 2021, your Board adopted the attached Resolution whereby you made findings authorizing teleconferenced meetings to continue. Every 30 days during the proclaimed State of Emergency and/or the period during which state or local officials have imposed or recommended social distancing measures, the legislative body acting under the teleconference exemptions must make findings as to whether the circumstances explained above still apply. The legislative body must find that it reconsidered the circumstances of the State of Emergency and that one of the following circumstances exist:
- The emergency continues to directly impact the ability of members to safety meet in person; OR
- State or local officials continue to impose or recommend measures to propose social distancing." (Gov. Code sec. 54953(e)(3).)
Your Board may make those findings by motion and continue to allow teleconferenced meetings pursuant to AB 361 and the Resolution previously adopted.
If your Board cannot make these findings by majority vote, then it will no longer be exempt from the physical public access, quorum, and public comment opportunity rules applied to teleconferenced meetings under subsection 54953(b)(3).
Recommended Action
Approve Continuation of Resolution Authorizing Teleconfered Meetings during a State of Emergency Continue to Exist
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Lake County Board of Supervisors
From: Anita L. Grant
Subject: Approve Continuation of Resolution Authorizing Teleconfered Meetings during a State of Emergency Continue to Exist
Executive Summary:
Assembly Bill 361 was enacted on September 16, 2021. Assembly Bill 361 authorizes the
County to use teleconferencing for public meetings without following certain requirements of the
Brown Act. Assembly Bill 361 essentially continues, with some limitations, the ability of local governments to meet virtually during a state- proclaimed State of Emergency as local governments have been authorized to do pursuant to Executive Orders of the Governor.
On September 28, 2021, your Board adopted the attached Resolution whereby you made findings authorizing teleconferenced meetings to continue. Every 30 days during the proclaimed State of Emergency and/or the period during which state or local officials have imposed or recommended social distancing measures, the legislative body acting under the teleconference exemptions must make findings as to whether the circumstances explained above still apply. The legislative body must find that it reconsidered the circumstances of the State of Emergency and that one of the following circumstances exist:
- The emergency continues to directly impact the ability of members to safety meet in person; OR
- State or local officials continue to impose or recommend measures to propose social distancing." (Gov. Code sec. 54953(e)(3).)
Your Board may make those findings by motion and continue to allow teleconferenced meetings pursuant to AB 361 and the Resolution previously adopted.
If your Board cannot make these findings by majority vote, then it will no longer be exempt from the physical public access, quorum, and public comment opportunity rules applied to teleconferenced meetings under subsection 54953(b)(3).
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action: Approve Continuation of Resolution Authorizing Teleconfered Meetings during a State of Emergency Continue to Exist
5.5Approve Continuation of a Local Health Emergency by the Lake County Health Officer for the Cache Fire
Action Item
passed on consent
Staff memo
Executive Summary
California Health and Safety Code section 101040 authorizes the local health officer to take any preventive measures that may be necessary to protect and preserve public health from any public hazard during an emergency. The Health Officer of Lake County finds that the Cache Fire that started in the City of Clearlake on August 18, 2021 meets the criteria for a Public Health Proclamation. The fire has created an imminent threat to public health in the form of contaminated debris from hazardous waste and materials and structural debris resulting from the destruction of structures and vehicles, especially given the proximity to Cache Creek and the high risk of contamination of waterways that feed Clear Lake and area drinking water supplies. The hazardous waste debris poses a substantial present or potential hazard to human health and the environment unless its removal and disposal is performed in a manner that will protect the public health and safety.
? Well-being of Residents ? Public Safety ? Disaster Prevention, Preparedness, Recovery
? Economic Development ? infrastructure ? County Workforce
? Community Collaboration ? Business Process Efficiency ? Clear Lake
Recommended Action
Approve Continuation of a Local Health Emergency by the Lake County Health Officer for the Cache Fire
Original memo text
MEMORANDUM
TO: The Honorable Lake County Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
For Gary Pace, Lake County Health Officer
DATE: January 11, 2022
SUBJECT: Approve Continuation of a Local Health Emergency by the Lake County Health Officer for the Cache Fire
Executive Summary:
California Health and Safety Code section 101040 authorizes the local health officer to take any preventive measures that may be necessary to protect and preserve public health from any public hazard during an emergency. The Health Officer of Lake County finds that the Cache Fire that started in the City of Clearlake on August 18, 2021 meets the criteria for a Public Health Proclamation. The fire has created an imminent threat to public health in the form of contaminated debris from hazardous waste and materials and structural debris resulting from the destruction of structures and vehicles, especially given the proximity to Cache Creek and the high risk of contamination of waterways that feed Clear Lake and area drinking water supplies. The hazardous waste debris poses a substantial present or potential hazard to human health and the environment unless its removal and disposal is performed in a manner that will protect the public health and safety.
If not budgeted, fill in the blanks below only:
Estimated Cost: unknown Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ____
Consistency with Vision 2028 (check all that apply): ? Not applicable
? Well-being of Residents ? Public Safety ? Disaster Prevention, Preparedness, Recovery
? Economic Development ? infrastructure ? County Workforce
? Community Collaboration ? Business Process Efficiency ? Clear Lake
Recommended Action:
Approve Continuation of a Local Health Emergency by the Lake County Health Officer for the Cache Fire
5.6Approve the Continuation of a Local Health Emergency Related to the 2019 Coronavirus (COVID-19) as Proclaimed by the Lake County Public Health Officer
Action Item
passed on consent
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
The declaration, which was declared on March 9, 2020, due to the potential introduction of COVID-19 into the County of Lake. California Health and Safety Code section 101080 provides authority for the Health Officer to issue a declaration of local health emergency.
Recommended Action
Approve Continuation of a Local Health Emergency Related to the 2019 Coronavirus (COVID-19) as Proclaimed by the Lake County Public Health Officer.
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors
From: Gary Pace, M.D., MPH, Public Health Officer
Subject: Approve Continuation of a Local Health Emergency Related to the 2019 Coronavirus (COVID-19) as Proclaimed by the Lake County Public Health Officer
Executive Summary: (include fiscal and staffing impact narrative):
The declaration, which was declared on March 9, 2020, due to the potential introduction of COVID-19 into the County of Lake. California Health and Safety Code section 101080 provides authority for the Health Officer to issue a declaration of local health emergency.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades
☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings
If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below:
Which exemption is being requested?
How long has Agreement been in place?
When was purchase last rebid?
Reason for request to waive bid?
Recommended Action: Approve Continuation of a Local Health Emergency Related to the 2019 Coronavirus (COVID-19) as Proclaimed by the Lake County Public Health Officer.
5.7Approve the Continuation of a Local Health Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transport, and Disposal of Fire Debris for the LNU Complex Wildfire
Resolution
passed on consent
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
Staff requests the Board of Supervisors adopt the Resolution ratifying the declaration of a local health emergency declared by Gary Pace, M.D., Lake County Health Officer. This declaration was declared on September 9, 2020, due to the LNU Complex Wildfire in the County of Lake. California Health and Safety Code section 101080 provides authority for the Health Officer to issue a declaration of local health emergency.
Recommended Action
Approve the Continuation of a Local Health Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transport, and Disposal of Fire Debris for the LNU Complex Wildfire.
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors
From: Gary Pace, M.D., MPH, Public Health Officer
Subject: Approve the Continuation of a Local Health Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transport, and Disposal of Fire Debris for the LNU Complex Wildfire
Executive Summary: (include fiscal and staffing impact narrative):
Staff requests the Board of Supervisors adopt the Resolution ratifying the declaration of a local health emergency declared by Gary Pace, M.D., Lake County Health Officer. This declaration was declared on September 9, 2020, due to the LNU Complex Wildfire in the County of Lake. California Health and Safety Code section 101080 provides authority for the Health Officer to issue a declaration of local health emergency.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades
☐ Economic Development ☒ Disaster Recovery ☐ County Workforce ☐ Revenue Generation
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings
If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below:
Which exemption is being requested?
How long has Agreement been in place?
When was purchase last rebid?
Reason for request to waive bid?
Recommended Action: Approve the Continuation of a Local Health Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transport, and Disposal of Fire Debris for the LNU Complex Wildfire.
5.8Approve the Continuation of a Local Emergency In Lake County in Response to the LNU Lightning Complex Wildfire Event
Action Item
passed on consent
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
Lake County Sheriff, Brian L. Martin, in his capacity as Director of Emergency Services, has declared a State of Emergency in Lake County, in response to conditions of extreme peril to the safety of persons and property resulting from fires related to the LNU Lightning Complex.
The Morgan Fire, which began on the 18th day of August, 2020, has already prompted evacuation of portions of southern Lake County, and rapid changes of wind conditions have required great vigilance in light of the possible need of further evacuations.
The Board of Supervisors must confirm the existence of a local emergency within seven (7) days of that date.
Recommended Action
Continuation of a local emergency by offering the attached proclamation for passage
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Subject: Approve the Continuation of a Local Emergency in Lake County in Response to the LNU Lightning Complex Wildfire Event
Executive Summary: (include fiscal and staffing impact narrative):
Lake County Sheriff, Brian L. Martin, in his capacity as Director of Emergency Services, has declared a State of Emergency in Lake County, in response to conditions of extreme peril to the safety of persons and property resulting from fires related to the LNU Lightning Complex.
The Morgan Fire, which began on the 18th day of August, 2020, has already prompted evacuation of portions of southern Lake County, and rapid changes of wind conditions have required great vigilance in light of the possible need of further evacuations.
The Board of Supervisors must confirm the existence of a local emergency within seven (7) days of that date.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable
☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades
☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings
If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below:
Which exemption is being requested?
How long has Agreement been in place?
When was purchase last rebid?
Reason for request to waive bid?
Recommended Action: Continuation of a local emergency by offering the attached proclamation for passage
5.9Approve the Continuation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires).
Action Item
passed on consent
Staff memo
Executive Summary
Wildland fires known as the River Fire and the Ranch Fire erupted in Mendocino County on July 27, 2018, with considerable forward movement into Lake County causing extreme peril and leading to the evacuation of thousands of Lake County residents. As a result of the occurrence of the River and Ranch Fires, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on July 28, 2018.
The declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect.
..Recommended Action
RECOMMENDED ACTION: Approve the Continuation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires).
Original memo text
MEMORANDUM
Date: January 11, 2022
To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors
From: Brian Martin, Sheriff/Director of Emergency Services
Subject: Approve the Continuation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires)
Executive Summary:
Wildland fires known as the River Fire and the Ranch Fire erupted in Mendocino County on July 27, 2018, with considerable forward movement into Lake County causing extreme peril and leading to the evacuation of thousands of Lake County residents. As a result of the occurrence of the River and Ranch Fires, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on July 28, 2018.
The declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable
☐ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades
☐ Economic Development ☒ Disaster Recovery ☐ County Workforce ☐ Revenue Generation
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings
If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below:
Which exemption is being requested?
How long has Agreement been in place?
When was purchase last rebid?
Reason for request to waive bid?
..Recommended Action
RECOMMENDED ACTION: Approve the Continuation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires).
5.10Approve the Continuation of a Local Emergency due to COVID-19
Action Item
passed on consent
Staff memo
Executive Summary
See attached proclamation.
Recommended Action
Approve Continuation of a Local Emergency due to COVID-19.
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Bruno Sabatier, Chairman, Lake County Board of Supervisors
From: Brian L. Martin, Sheriff/Coroner/OES Director
Subject: Approve Continuation of a Local Emergency due to COVID-19
Executive Summary: See attached proclamation.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades
☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings
If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below:
Which exemption is being requested?
How long has Agreement been in place?
When was purchase last rebid?
Reason for request to waive bid?
Recommended Action: Approve Continuation of a Local Emergency due to COVID-19.
5.11Approve the Continuation of an Emergency Declaration for Drought Conditions
Action Item
passed on consent
Staff memo
Executive Summary
Pursuant to Chapter 6, Article 1 of the Lake County Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when Lake County is affected by, or likely to be affected by a public calamity and the Board of Supervisors is not in session. During the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the County shall be those prescribed by state law, and by ordinance and resolutions of this County, approved by the Board of Supervisors, and by the Lake Operational Area Emergency Operations Plan, as approved by the Board of Supervisors.
On April 21, 2021, the Governor of the State of California proclaimed a State of Emergency for the Counties of Sonoma and Mendocino due to extremely low reservoir levels and drought conditions. Inasmuch, Lake County water table levels are at significantly to critically low levels and are being continuously monitored.
Based upon low water levels, the County may have to consider measures to address the water shortages. These measures may include taking steps to conserve water by practicing water conservation efforts, including, but not limited to repairing leaking plumbing, limiting non-essential watering, limiting car washing, filling bathtubs halfway or less, using high-efficient appliances, reducing shower times, only washing full loads of laundry, turning off water when brushing teeth or shaving, planting drought resistant landscaping and implementing other practices that reduce water consumption. Short or long-term solutions are costly; however, the County may be eligible for State or Federal assistance should the need arise to address drought issues if conditions persist.
Therefore, the declaration of an emergency will allow the County to qualify for funding that has been specifically set aside for drought relief purposes. Programs within the State focus on ground water management, conservation and recapture/recycle initiatives.
By declaring a local emergency, the County is taking a pro-active approach to address drought related disaster issues. In addition, with the adoption of a proclamation declaring a state of local emergency, State law requires the Board of Supervisors to review the status of the emergency at least once every 30 days.
Recommended Action
Approve the Continuation of a Proclamation of Emergency Declaration for Drought Conditions.
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Bruno Sabatier, Chairman, Lake County Board of Supervisors
From: Brian L. Martin, Sheriff/Coroner/OES Director
Subject: Approve the Continuation of a Proclamation of Emergency Declaration for Drought Conditions
Executive Summary:
Pursuant to Chapter 6, Article 1 of the Lake County Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when Lake County is affected by, or likely to be affected by a public calamity and the Board of Supervisors is not in session. During the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the County shall be those prescribed by state law, and by ordinance and resolutions of this County, approved by the Board of Supervisors, and by the Lake Operational Area Emergency Operations Plan, as approved by the Board of Supervisors.
On April 21, 2021, the Governor of the State of California proclaimed a State of Emergency for the Counties of Sonoma and Mendocino due to extremely low reservoir levels and drought conditions. Inasmuch, Lake County water table levels are at significantly to critically low levels and are being continuously monitored.
Based upon low water levels, the County may have to consider measures to address the water shortages. These measures may include taking steps to conserve water by practicing water conservation efforts, including, but not limited to repairing leaking plumbing, limiting non-essential watering, limiting car washing, filling bathtubs halfway or less, using high-efficient appliances, reducing shower times, only washing full loads of laundry, turning off water when brushing teeth or shaving, planting drought resistant landscaping and implementing other practices that reduce water consumption. Short or long-term solutions are costly; however, the County may be eligible for State or Federal assistance should the need arise to address drought issues if conditions persist.
Therefore, the declaration of an emergency will allow the County to qualify for funding that has been specifically set aside for drought relief purposes. Programs within the State focus on ground water management, conservation and recapture/recycle initiatives.
By declaring a local emergency, the County is taking a pro-active approach to address drought related disaster issues. In addition, with the adoption of a proclamation declaring a state of local emergency, State law requires the Board of Supervisors to review the status of the emergency at least once every 30 days.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades
☐ Economic Development ☒ Disaster Recovery ☐ County Workforce ☐ Revenue Generation
☐ Community Collaboration ☐ Business Process Efficiency ☒ Clear Lake ☐ Cost Savings
If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below:
Which exemption is being requested?
How long has Agreement been in place?
When was purchase last rebid?
Reason for request to waive bid?
Recommended Action: Approve the Continuation of a Proclamation of Emergency Declaration for Drought Conditions.
5.12Approve the Continuation of a Local Emergency due to the Pawnee Fire Incident.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
A wildland fire known as the Pawnee Fire began in Lake County on June 23, 2018, originating in the Spring Valley area of Clearlake Oaks, CA, forcing area-wide evacuations, destroying multiple structures and burning 15,000+ acres.
As a result of the occurrence of the Pawnee Fire, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on June 24, 2018. The Board of Supervisors must confirm the existence of a local emergency within seven (7) days of that date and every thirty (30) days thereafter.
..Recommended Action
RECOMMENDED ACTION: Approve the Continuation of a Local Emergency due to the Pawnee Fire Incident.
Original memo text
MEMORANDUM
Date: January 11, 2022
To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors
From: Brian Martin, Sheriff-Coroner-Director of Emergency Services
Subject: Approve the Continuation of a Local Emergency due to the Pawnee Fire Incident.
EXECUTIVE SUMMARY:
A wildland fire known as the Pawnee Fire began in Lake County on June 23, 2018, originating in the Spring Valley area of Clearlake Oaks, CA, forcing area-wide evacuations, destroying multiple structures and burning 15,000+ acres.
As a result of the occurrence of the Pawnee Fire, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on June 24, 2018. The Board of Supervisors must confirm the existence of a local emergency within seven (7) days of that date and every thirty (30) days thereafter.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable
☐ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades
☐ Economic Development ☒ Disaster Recovery ☐ County Workforce ☐ Revenue Generation
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings
If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below:
Which exemption is being requested?
How long has Agreement been in place?
When was purchase last rebid?
Reason for request to waive bid?
..Recommended Action
RECOMMENDED ACTION: Approve the Continuation of a Local Emergency due to the Pawnee Fire Incident.
5.13Approve Continuation of a Local Emergency by the Lake County Sheriff/OES Director for the Cache Fire
Action Item
passed on consent
Staff memo
Executive Summary
Ratification of the Proclamation of a Local Emergency by the Lake County Sheriff/OES Director for the Cache Fire.
EXECUTIVE SUMMARY:
Section 6-5 of the Lake County Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when Lake County is affected or likely to be affected by public calamity. Such a Proclamation shall expire seven days after issuance unless confirmed and ratified by the Lake County Board of Supervisors. On this date, the Lake County Sheriff/OES Director has proclaimed a local health emergency for the Cache Fire and ratification by the Lake County Board of Supervisors is needed.
Recommended Action
Approve Continuation of a Local Emergency by the Lake County Sheriff/OES Director for the Cache Fire
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
For Brian Martin, Sheriff/OES Director
Subject: Approve Continuation of a Local Emergency by the Lake County Sheriff/OES Director for the Cache Fire
Executive Summary:
Ratification of the Proclamation of a Local Emergency by the Lake County Sheriff/OES Director for the Cache Fire.
EXECUTIVE SUMMARY:
Section 6-5 of the Lake County Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when Lake County is affected or likely to be affected by public calamity. Such a Proclamation shall expire seven days after issuance unless confirmed and ratified by the Lake County Board of Supervisors. On this date, the Lake County Sheriff/OES Director has proclaimed a local health emergency for the Cache Fire and ratification by the Lake County Board of Supervisors is needed.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☒ Public Safety ☒ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☒ Community Collaboration ☐ Business Process Efficiency ☒ Clear Lake
Recommended Action:
Approve Continuation of a Local Emergency by the Lake County Sheriff/OES Director for the Cache Fire
5.14a) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Rural Recreation & Tourism Program for Hammond Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents; b) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Regional Park Program for Trailside Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents.
Action Item
passed on consent
Staff memo
Executive Summary
The Public Services Department proposes to submit applications this January for two grant programs offered through the California Department of Parks and Recreation; the Rural
Recreation and Tourism Program (RRT), and the Regional Parks Program (RPP). The intent of the RRT program is to create new recreation features in support of economic, tourism, and health related goals. The intent of the RPP program is to create, expand, and improve regional parks that offer nature appreciation, athletic activities, historical/cultural enrichment, or other recreational activities in an open space area. Both grant programs have $23,125,000 available statewide, with a minimum grant request of $200,000 and a maximum grant request of $3,000,000, and no match required for either park based on the guidelines of each grant program.
Your board previously approved applications for two other park improvement projects through these same grant programs - Mount Konocti Park through the Regional Parks Program, and Courthouse Museum Park through the Rural Recreation and Tourism Program. Staff is developing the grant applications for these two parks and will be submitting later this month. Last month staff at California Department of Parks and Recreation contacted Public Services staff with the recommendation that two additional parks - Trailside Park for RPP, and Hammond Park for RRT - would be excellent candidates for the respective grant programs. Staff is prepared to submit grant applications for Hammond and Trailside, and to that end the attached resolutions are provided for your Board's consideration to approve the applications and authorize the Public Services Director to sign the grant documents.
Estimated Agreement Cost: $0 Amount Budgeted: $0 Future Cost: $0
Recommended Action
A) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Rural Recreation & Tourism Program for Hammond Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents; B) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Regional Park Program for Trailside Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Lake County Board of Supervisors
From: Lars Ewing, Public Services Director
Subject: A) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Rural Recreation & Tourism Program for Hammond Park, and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents; B) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Regional Park Program for Trailside Park, and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents
Executive Summary:
The Public Services Department proposes to submit applications this January for two grant programs offered through the California Department of Parks and Recreation; the Rural
Recreation and Tourism Program (RRT), and the Regional Parks Program (RPP). The intent of the RRT program is to create new recreation features in support of economic, tourism, and health related goals. The intent of the RPP program is to create, expand, and improve regional parks that offer nature appreciation, athletic activities, historical/cultural enrichment, or other recreational activities in an open space area. Both grant programs have $23,125,000 available statewide, with a minimum grant request of $200,000 and a maximum grant request of $3,000,000, and no match required for either park based on the guidelines of each grant program.
Your board previously approved applications for two other park improvement projects through these same grant programs - Mount Konocti Park through the Regional Parks Program, and Courthouse Museum Park through the Rural Recreation and Tourism Program. Staff is developing the grant applications for these two parks and will be submitting later this month. Last month staff at California Department of Parks and Recreation contacted Public Services staff with the recommendation that two additional parks - Trailside Park for RPP, and Hammond Park for RRT - would be excellent candidates for the respective grant programs. Staff is prepared to submit grant applications for Hammond and Trailside, and to that end the attached resolutions are provided for your Board's consideration to approve the applications and authorize the Public Services Director to sign the grant documents.
If not budgeted, fill in the blanks below only:
Estimated Agreement Cost: $0 Amount Budgeted: $0 Future Cost: $0
Consistency with Vision 2028 (check all that apply):
☒ Well-being of Residents ☐ Public Safety ☒ Disaster Prevention, Preparedness, Recovery
☒ Economic Development ☒ Infrastructure ☐ County Workforce
☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action:
A) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Rural Recreation & Tourism Program for Hammond Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents; B) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Regional Park Program for Trailside Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents
5.15a) Waive the competitive bidding process, pursuant to Lake County Code Section 38.2, as it would produce no economic benefit to the County due to the unique nature of the services; and b) Authorize the Public Services Director to issue a Purchase Order to Stearns, Conrad and Schmidt, Consulting Engineers DBA/SCS Field Services not to exceed $35,000
Action Item
passed on consent
Staff memo
Executive Summary
In 2014 the County constructed a gas collection and control system at the Eastlake Landfill. The system has been in operation since then and includes 21 vertical gas extraction wells, miles of horizontal collection piping, and an enclosed ground flare for thermal destruction of collected landfill gas. At the time of installation it was estimated that the flare would manage site operations for approximately 15 years. However, over the past eight years the waste intake has exceeded estimated quantities, primarily as a result of wildfire debris, which directly correlates to a higher than anticipated landfill gas generation rate. Moreover, the planned lateral expansion of the landfill will result in additional extraction wells and collection piping in the newly expanded areas once they are constructed. Consequently the County needs to plan for an upgrade at the flare station in order to have sufficient capacity for future landfill gas control.
SCS Field Services completed the system installation in 2014, and has managed the operations, maintenance, and reporting of the landfill gas collection system since then. SCS is also the County's design engineer for the landfill expansion project. Therefore SCS is uniquely and intimately familiar with both the existing landfill gas system and the scope of the proposed landfill expansion. In light of this, staff solicited a proposal from SCS to prepare a landfill gas model and gas collection master plan, to include a review of the potential for a gas-to-energy project. Staff recommends that the Board of Supervisors waive the County policy for the selection of professional consultants and other contract service providers and authorize the Public Services Director to issue a Purchase Order to SCS not to exceed $35,000 for the preparation of a landfill gas model update and gas collection and control system master plan.
Estimated Agreement Cost: $35,000 Amount Budgeted: $35,000 Future Cost: $0
Recommended Action
A) Waive the competitive bidding process, pursuant to Lake County Code Section 38.2, as it would produce no economic benefit to the County due to the unique nature of the services; and B) Authorize the Public Services Director to issue a Purchase Order to Stearns, Conrad and Schmidt, Consulting Engineers DBA/SCS Field Services not to exceed $35,000
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Lake County Board of Supervisors
From: Lars Ewing, Public Services Director
Subject: A) Waive the competitive bidding process, pursuant to Lake County Code Section 38.2, as it would produce no economic benefit to the County due to the unique nature of the services; and B) Authorize the Public Services Director to issue a Purchase Order to Stearns, Conrad and Schmidt, Consulting Engineers DBA/SCS Field Services not to exceed $35,000
Executive Summary:
In 2014 the County constructed a gas collection and control system at the Eastlake Landfill. The system has been in operation since then and includes 21 vertical gas extraction wells, miles of horizontal collection piping, and an enclosed ground flare for thermal destruction of collected landfill gas. At the time of installation it was estimated that the flare would manage site operations for approximately 15 years. However, over the past eight years the waste intake has exceeded estimated quantities, primarily as a result of wildfire debris, which directly correlates to a higher than anticipated landfill gas generation rate. Moreover, the planned lateral expansion of the landfill will result in additional extraction wells and collection piping in the newly expanded areas once they are constructed. Consequently the County needs to plan for an upgrade at the flare station in order to have sufficient capacity for future landfill gas control.
SCS Field Services completed the system installation in 2014, and has managed the operations, maintenance, and reporting of the landfill gas collection system since then. SCS is also the County's design engineer for the landfill expansion project. Therefore SCS is uniquely and intimately familiar with both the existing landfill gas system and the scope of the proposed landfill expansion. In light of this, staff solicited a proposal from SCS to prepare a landfill gas model and gas collection master plan, to include a review of the potential for a gas-to-energy project. Staff recommends that the Board of Supervisors waive the County policy for the selection of professional consultants and other contract service providers and authorize the Public Services Director to issue a Purchase Order to SCS not to exceed $35,000 for the preparation of a landfill gas model update and gas collection and control system master plan.
If not budgeted, fill in the blanks below only:
Estimated Agreement Cost: $35,000 Amount Budgeted: $35,000 Future Cost: $0
Consistency with Vision 2028 (check all that apply):
☒ Well-being of Residents ☒ Public Safety ☒ Disaster Prevention, Preparedness, Recovery
☒ Economic Development ☒ Infrastructure ☐ County Workforce
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action:
A) Waive the competitive bidding process, pursuant to Lake County Code Section 38.2, as it would produce no economic benefit to the County due to the unique nature of the services; and B) Authorize the Public Services Director to issue a Purchase Order to Stearns, Conrad and Schmidt, Consulting Engineers DBA/SCS Field Services not to exceed $35,000
5.16Adopt Resolution to amend the adopted FY 2021-22 budget by adjusting the building and infrastructure reserve (Fund 153) for temporarily funding the purchase of a property in the Middle Creek Restoration Project
Resolution
passed on consent
Motion carried
Carried 5-0 — moved by Scott
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
On October 19th 2021, your Board approved a purchase agreement for property owned by Michael S. Mountanos as part of the Middle Creek Marsh Restoration Project (Project). The purchase is being funded through a Flood Protection Corridor Program Grant we have obtained through the State of California, which funds 100% of the property acquisition and relocation costs. Prior to making an offer to the seller, an environmental review of the property and an appraisal was performed, and the State reviewed and approved all aspects of this purchase.
This property is one of several key acquisitions that are needed for the Project. Your Board, recognizing the importance of the acquisition, approved an Administrative Settlement in August, 2021, to increase the total purchase price by $1000 per acre, for a total of $1,495,600.00. Mr. Mountanos and Lake County entered into escrow in October, 2021 with the understanding the State would fund their approved amount, with the County funding the Administrative Settlement portion. Today, however, we were informed that the State has still not processed a check for the purchase, and they cannot provide us with a timeframe for when that will be completed. Staff contacted the agent representing Mr. Mountanos to make them aware of the delay, and we were advised that unless the escrow can be closed by the end of this month, Mr. Mountanos will be forced to rescind his acceptance of the County's offer.
Your Board has previously provided temporary loans for the purchase of properties for this project, most recently a loan for the Torrence/Vigil purchase in October, 2020, and we respectfully request your consideration of providing another loan to complete this purchase. The amount needed at this time is $1,371,000.00. This amount, combined with the Administrative Settlement amount your Board previously approved, will fund the total purchase price previously stated.
Should your Board approve the temporary loan, a resolution will be required to modify the adopted budget for FY 2021-22, and that resolution is attached for your consideration.
Attachment
Recommended Action
Staff recommends that your Board take the following action:
Adopt a resolution to amend the adopted budget for FY 2021-22 by cancelling obligated fund balance in the building and infrastructure reserve (Fund 153) for temporary funding to purchase a property in the Middle Creek Restoration Project.
Original memo text
Memorandum
Date: January 7, 2022
To: The Honorable Lake County Board of Supervisors
From: Scott De Leon, Public Works Director
Subject: Adopt Resolution to amend the adopted FY 2021-22 budget by adjusting the building and infrastructure reserve (Fund 153) for temporarily funding the purchase of a property in the Middle Creek Restoration Project
Executive Summary:
On October 19th 2021, your Board approved a purchase agreement for property owned by Michael S. Mountanos as part of the Middle Creek Marsh Restoration Project (Project). The purchase is being funded through a Flood Protection Corridor Program Grant we have obtained through the State of California, which funds 100% of the property acquisition and relocation costs. Prior to making an offer to the seller, an environmental review of the property and an appraisal was performed, and the State reviewed and approved all aspects of this purchase.
This property is one of several key acquisitions that are needed for the Project. Your Board, recognizing the importance of the acquisition, approved an Administrative Settlement in August, 2021, to increase the total purchase price by $1000 per acre, for a total of $1,495,600.00. Mr. Mountanos and Lake County entered into escrow in October, 2021 with the understanding the State would fund their approved amount, with the County funding the Administrative Settlement portion. Today, however, we were informed that the State has still not processed a check for the purchase, and they cannot provide us with a timeframe for when that will be completed. Staff contacted the agent representing Mr. Mountanos to make them aware of the delay, and we were advised that unless the escrow can be closed by the end of this month, Mr. Mountanos will be forced to rescind his acceptance of the County's offer.
Your Board has previously provided temporary loans for the purchase of properties for this project, most recently a loan for the Torrence/Vigil purchase in October, 2020, and we respectfully request your consideration of providing another loan to complete this purchase. The amount needed at this time is $1,371,000.00. This amount, combined with the Administrative Settlement amount your Board previously approved, will fund the total purchase price previously stated.
Should your Board approve the temporary loan, a resolution will be required to modify the adopted budget for FY 2021-22, and that resolution is attached for your consideration.
Attachment
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☒ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☒ Infrastructure ☐ County Workforce
☐ Community Collaboration ☐ Business Process Efficiency ☒ Clear Lake
Recommended Action:
Staff recommends that your Board take the following action:
Adopt a resolution to amend the adopted budget for FY 2021-22 by cancelling obligated fund balance in the building and infrastructure reserve (Fund 153) for temporary funding to purchase a property in the Middle Creek Restoration Project.
On motion of Supervisor Scott, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.16. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska, and Crandell
6. Timed Items
6.19:05 A.M. - Public Input
Clerk’s notes: Health Services Director Jonathan Portney spoke.
6.29:06 A.M. - Presentation of Proclamation Designating the Month of January 2022 as Human Trafficking Awareness Month
Proclamation
Staff memo
Executive Summary
Please consider and adopt this proclamation Designating January 2022 Human Trafficking Month.
Recommended Action
Presentation Only.
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Lake County Board of Supervisors
From: Johanna DeLong, Assistant Clerk to the Board
Subject: Presentation Proclamation Designating January 2022 Human Trafficking Month.
Executive Summary:
Please consider and adopt this proclamation Designating January 2022 Human Trafficking Month.
If not budgeted, fill in the blanks below only:
Estimated Cost: ___N/A__ Amount Budgeted: __N/A___ Additional Requested: __ N/A ___ Future Annual Cost: __ N/A __
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action:
Presentation Only.
Presentation Only.
Clerk’s notes: Supervisor Scott read the proclamation into the record and presented it to Lake Family Resource Center. Kara Roberts spoke.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.39:10 A.M. - Consideration of Update on COVID-19
Presentation
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
I am requesting an opportunity to provide your Board with a brief update on COVID-19.
Recommended Action
Report Only
Original memo text
Memorandum
Date: December 21, 2021
To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors
From: Public Health
Subject: 9:06 A.M. - Consideration of Update on COVID-19
Executive Summary: (include fiscal and staffing impact narrative):
I am requesting an opportunity to provide your Board with a brief update on COVID-19.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades
☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings
If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below:
Which exemption is being requested?
How long has Agreement been in place?
When was purchase last rebid?
Reason for request to waive bid?
Recommended Action: Report Only
Report Only.
Clerk’s notes: Public Health Officer Dr. Gary Pace presented a PowerPoint Presentation to the Board. Director of Nursing Eileen VanCleave, Epidemiologist Sarah Marikos, Health Services Director Jonathan Portney, and County Administrative Officer Carol Huchingson spoke.
Chair Crandell asked if anyone present wished to speak and the following person present in the Board of Supervisors Chambers spoke: Joan Moss. The following people spoke via Zoom: Jeremy Rarick, Carlos Bono, Tom Slaight, Bart Levenson, Will Tuttle, Julia Bono, and Elaine Zacher spoke. No one else wished to speak and the public input portion of this item was closed.
6.49:45 A.M. - The Board of Directors of the Lake County Watershed Protection District, acting as the Big Valley Groundwater Sustainability Agency (GSA), will a) hold a public hearing to receive stakeholder comments on the final draft of the Big Valley Basin Groundwater Sustainability Plan (GSP) and Technical Appendices and b) consider adoption of a Resolution Adopting the Big Valley GSP and to Authorize the Director of the Lake County Water Resources Department (Department), or designated appointee, to submit the adopted documents to the California Department of Water Resources in compliance with the Sustainable Groundwater Management Act (SGMA).
Public Hearing
Staff memo
Executive Summary
The Sustainable Groundwater Management Act (SGMA), adopted by the State of California in 2014, prompts local agencies to better manage California's groundwater supplies over a long-term and in a sustainable manner. SGMA requires local agencies with medium- or high-priority groundwater basins to 1) form a Groundwater Sustainability Agency (GSA) and 2) develop and implement a Groundwater Sustainability Plan (GSP) by January 31, 2022. Lake County encompasses one (1) medium-priority basin, the Big Valley Basin (5-015). The Board of Directors of the Lake County Watershed Protection District serve as the Big Valley GSA, as outlined in Resolution No. 2019 -123 dated August 27. 2019.
Since April 2021, the GSA, the Big Valley Groundwater Sustainability Agency Advisory Committee (GSPAC), interested stakeholders, the Department and contracted consultants, Luhdorff & Scalmanini and Stantec Consulting Services, have been working on the development of the Big Valley Draft GSP, in compliance with SGMA. During the duration of the Draft GSP development process, each of the eight sections in the Draft GSP have been available for public review and comment, at least once when they were drafted and again during a final 21-day Public Comment Period. The Final Public Comment Period on the Big Valley Draft GSP took place from November 12, 2021-December 3, 2021. Community members had access to the full document via electronic PDFs, and hard copies were provided by the Department, if requested. Following the closing of the comment period, all public comments submitted were reviewed, considered, and incorporated if appropriate on the final Big Valley GSP. In total, there were six (6) public comment responses submitted, all of which are included as public record of the development of the Big Valley GSP. Stakeholders had several means by which to submit comments, including 1) via email, 2) via postal mail, and 3) by drop-off at the Department.
During the duration of the development of the Big Valley GSP, there have been a total of ten (10) Big Valley GSPAC meetings, nine (9) technical subcommittee meetings, five (5) Big Valley Open House meetings, and twelve (12) updates to the Board of Supervisors on the Big Valley GSP. Due to the ongoing COVID-19 pandemic, all of these meetings have been held in a public format via Zoom, with four (4) taking place in a hybrid setting that included both in-person and virtual attendance. The development of the Big Valley GSP has been held in a public setting, in addition, all public meetings were recorded and archived on the Lake County Water Resources website and YouTube Channel.
California Water Code Section 10728.4 states that GSAs may adopt or amend a GSP after holding a public hearing, held at least 90 days after providing notice to a city or county within the area of the proposed GSP. On September 4, 2020, the BVGSA filed an initial notification of its intent to develop a GSP for the Big Valley groundwater basin. On October 1, 2021, the Department released a Notice of Intent (NOI) to adopt the Big Valley GSP. The NOI was sent to County and Tribal representatives that are located within and/or who have an interest in the geographic area of Big Valley Basin.
Following a noticed public hearing, staff recommends that the Big Valley GSA consider adopting the Big Valley GSP, by adopting the Resolution. SGMA requires the Agency to upload the adopted documents to the California Department of Water Resources SGMA portal by January 31, 2022, after which a seventy-five (75) day Public Comment Period will be held by the State on the Big Valley GSP.
Recommended Action
a) Board of Directors of the Lake County Watershed Protection District acting as the Big Valley GSA hold a public hearing to receive stakeholder comments on the final draft of the Big Valley GSP and b) approve a Resolution Adopting the Big Valley GSP and Technical Appendices and Authorize the Director of the Lake County Water Resources Department (Department) or designated appointee to submit the adopted documents to the California Department of Water Resources in compliance with the Sustainable Groundwater Management Act.
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Board of Directors, Lake County Watershed Protection District
From: Marina Deligiannis, Deputy Water Resources Director, and Big Valley Groundwater Sustainability Plan Advisory Committee (GSPAC) Lead
Subject: The Board of Directors of the Lake County Watershed Protection District, acting as the Big Valley Groundwater Sustainability Agency (GSA), will a) hold a public hearing to receive stakeholder comments on the final draft of the Big Valley Basin Groundwater Sustainability Plan (GSP) and Technical Appendices and b) consider adoption of a Resolution Adopting the Big Valley GSP and to Authorize the Director of the Lake County Water Resources Department (Department), or designated appointee, to submit the adopted documents to the California Department of Water Resources in compliance with the Sustainable Groundwater Management Act (SGMA).
Executive Summary:
The Sustainable Groundwater Management Act (SGMA), adopted by the State of California in 2014, prompts local agencies to better manage California's groundwater supplies over a long-term and in a sustainable manner. SGMA requires local agencies with medium- or high-priority groundwater basins to 1) form a Groundwater Sustainability Agency (GSA) and 2) develop and implement a Groundwater Sustainability Plan (GSP) by January 31, 2022. Lake County encompasses one (1) medium-priority basin, the Big Valley Basin (5-015). The Board of Directors of the Lake County Watershed Protection District serve as the Big Valley GSA, as outlined in Resolution No. 2019 -123 dated August 27. 2019.
Since April 2021, the GSA, the Big Valley Groundwater Sustainability Agency Advisory Committee (GSPAC), interested stakeholders, the Department and contracted consultants, Luhdorff & Scalmanini and Stantec Consulting Services, have been working on the development of the Big Valley Draft GSP, in compliance with SGMA. During the duration of the Draft GSP development process, each of the eight sections in the Draft GSP have been available for public review and comment, at least once when they were drafted and again during a final 21-day Public Comment Period. The Final Public Comment Period on the Big Valley Draft GSP took place from November 12, 2021-December 3, 2021. Community members had access to the full document via electronic PDFs, and hard copies were provided by the Department, if requested. Following the closing of the comment period, all public comments submitted were reviewed, considered, and incorporated if appropriate on the final Big Valley GSP. In total, there were six (6) public comment responses submitted, all of which are included as public record of the development of the Big Valley GSP. Stakeholders had several means by which to submit comments, including 1) via email, 2) via postal mail, and 3) by drop-off at the Department.
During the duration of the development of the Big Valley GSP, there have been a total of ten (10) Big Valley GSPAC meetings, nine (9) technical subcommittee meetings, five (5) Big Valley Open House meetings, and twelve (12) updates to the Board of Supervisors on the Big Valley GSP. Due to the ongoing COVID-19 pandemic, all of these meetings have been held in a public format via Zoom, with four (4) taking place in a hybrid setting that included both in-person and virtual attendance. The development of the Big Valley GSP has been held in a public setting, in addition, all public meetings were recorded and archived on the Lake County Water Resources website and YouTube Channel.
California Water Code Section 10728.4 states that GSAs may adopt or amend a GSP after holding a public hearing, held at least 90 days after providing notice to a city or county within the area of the proposed GSP. On September 4, 2020, the BVGSA filed an initial notification of its intent to develop a GSP for the Big Valley groundwater basin. On October 1, 2021, the Department released a Notice of Intent (NOI) to adopt the Big Valley GSP. The NOI was sent to County and Tribal representatives that are located within and/or who have an interest in the geographic area of Big Valley Basin.
Following a noticed public hearing, staff recommends that the Big Valley GSA consider adopting the Big Valley GSP, by adopting the Resolution. SGMA requires the Agency to upload the adopted documents to the California Department of Water Resources SGMA portal by January 31, 2022, after which a seventy-five (75) day Public Comment Period will be held by the State on the Big Valley GSP.
If not budgeted, fill in the blanks below only:
Estimated Cost: _NA______ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☒ Community Collaboration ☐ Business Process Efficiency ☒ Clear Lake
Recommended Action:
a) Board of Directors of the Lake County Watershed Protection District acting as the Big Valley GSA hold a public hearing to receive stakeholder comments on the final draft of the Big Valley GSP and b) approve a Resolution Adopting the Big Valley GSP and Technical Appendices and Authorize the Director of the Lake County Water Resources Department (Department) or designated appointee to submit the adopted documents to the California Department of Water Resources in compliance with the Sustainable Groundwater Management Act.
Supervisor Pyska offered the resolution and it was passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska, and Crandell
Clerk’s notes: Water Resources Director Scott De Leon introduced the item to the Board. Deputy Water Resources Director Marina Deligiannis presented the item to the Board. Water Resources Program Coordinator William Fox, Eddy Teasdale, Christy Clark, Irahim Khadam, Megan Murray, Sarah Ryan, and County Counsel Anita Grant spoke.
Chair Crandell asked if anyone present wished to speak and the following person present in the Board of Supervisors Chambers spoke: Joan Moss. The following person spoke via Zoom: Betsy Cawn. No one else wished to speak and the public input portion of this item was closed.
6.510:00 A.M. - Public Hearing - Consideration of Resolution Regarding Vacating a Roadway known as Dillard Avenue
Public Hearing
Motion carried
Carried 5-0 — moved by Scott
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
A Resolution of Intent to vacate a roadway known as Dillard Ave was adopted by the Board on December 7, 2021 establishing today's hearing. All required notices were posted.
Ms. Laurie Dohring, owner of Bell Haven, LLC in the Kelseyville area, has petitioned the Board of Supervisors (Board) for the vacation of the roadway known as Dillard Avenue (CR#502BD). The portion to be vacated is approximately 400 feet in length and extends from the intersection with Hohape Ave (CR#502BA) northerly to its terminus at Soda Bay Drive.
Ms. Dohring's request for the vacation is based on the following from her letter: absence of public necessity, persistent theft, personal, family and public safety concerns and added financial burdens associated with all the above. Her letter and application as well as responses from various residents and agencies are also attached.
On November 18, 2021, the Planning Commission heard the request for the vacation and found it in conformity with the Lake County General Plan. During this public hearing there was no public opposition to the proposed vacation.
Not applicable
Recommended Action
If the Board finds, from all evidence presented by interested persons, that Dillard Avenue being vacated as described in Exhibit "A" is unnecessary for present of prospective public use then the Board may adopt the Resolution of Vacation.
Original memo text
Memorandum
Date: December 22, 2021
To: The Honorable Lake County Board of Supervisors
From: Scott De Leon, Public Works Director
Subject: Public Hearing and Resolution Regarding Vacating a Roadway known as Dillard Avenue
Executive Summary:
A Resolution of Intent to vacate a roadway known as Dillard Ave was adopted by the Board on December 7, 2021 establishing today's hearing. All required notices were posted.
Ms. Laurie Dohring, owner of Bell Haven, LLC in the Kelseyville area, has petitioned the Board of Supervisors (Board) for the vacation of the roadway known as Dillard Avenue (CR#502BD). The portion to be vacated is approximately 400 feet in length and extends from the intersection with Hohape Ave (CR#502BA) northerly to its terminus at Soda Bay Drive.
Ms. Dohring's request for the vacation is based on the following from her letter: absence of public necessity, persistent theft, personal, family and public safety concerns and added financial burdens associated with all the above. Her letter and application as well as responses from various residents and agencies are also attached.
On November 18, 2021, the Planning Commission heard the request for the vacation and found it in conformity with the Lake County General Plan. During this public hearing there was no public opposition to the proposed vacation.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (check all that apply): ☒ Not applicable
☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action:
If the Board finds, from all evidence presented by interested persons, that Dillard Avenue being vacated as described in Exhibit "A" is unnecessary for present of prospective public use then the Board may adopt the Resolution of Vacation.
On motion of Supervisor Scott, and by vote of the Board, continued the item to the January 25, 2022 Board of Supervisors Meeting at 9:45 A.M. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska, and Crandell
Clerk’s notes: Public Works Director Scott De Leon presented the item to the Board. Lori Doring and County Counsel Anita Grant spoke.
Chair Crandell asked if anyone present wished to speak and the following person present in the Board of Supervisors Chambers spoke: Jeffrey Mansch. 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 to the County of Lake COVID-19 Public Health Emergency Worksite Protocol
Action Item
Motion carried
Carried 5-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
Staff submits for your Board's consideration updates to the COVID-19 Emergency Worksite Protocol including:
1. Updated isolation recommendations per the CDPH and CDC.
* If An Employee Test Positive for COVID-19, regardless of vaccination status, previous infection or lack of symptoms. They must stay home in isolation for 5 days.
* Isolation can end after day 5 if symptoms are not present and on day 5 or later the employee tests negative. Antigen test preferred.
* If unable to test or choosing not to test, and symptoms are not present or are resolving, isolation can end after day 10.
* The employee must wear a well-fitting mask around others for a total of 10 days, especially in indoor settings
2. Updated quarantine recommendations per the CDPH and CDC.
* If an Employee who is Unvaccinated; OR Vaccinated and booster-eligible but have not yet received their booster dose has been exposed to someone with COVID-19 they must quarantine/ stay home for at least 5 days, after your last contact with a person who has COVID-19.
* Quarantine can end after day 5 if symptoms are not present and on day 5 or later the employee tests negative.
* If unable to test or choosing not to test, and symptoms are not present, quarantine can end after day 10.
* The employee must wear a well-fitting mask around others for a total of 10 days, especially in indoor settings
3. Updated quarantine recommendations per the CDPH and CDC for employees who been vaccinated or boosted; but not yet booster-eligible.
* Test on day 5.
* Wear a well-fitting mask around others for 10 days, especially in indoor settings (see Section below on masking for additional information)
* If testing positive, follow isolation recommendations above.
* If symptoms develop, test and stay home.
4. Added exclusion pay benefits for employees exposed at work.
* Exclusion pay will be provided for employees who are exposed at work and are unable to telework during quarantine and isolation periods.PDF) for at least 5 days, after your last contact with a person who has COVID-19.
5. Updated masking requirements per CDPH.
* CDPH has extended the mask mandated until February 15, 2022. Everyone in California must continue to wear a mask in indoor public spaces and workplaces.
6. Updated the following forms to improve contact tracing and information collected to determine close contact:
* Addendum IIIa COVID Protocol Investigative Form and Instructions
* Addendum IIIb COVID Protocol Exposure Notification Form
Recommended Action
Approve amendment to the County of Lake COVID-19 Public Health Emergency Worksite Protocol and direct staff to continue to return with future amendments to the protocol on an as-needed basis.
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Subject: Consideration Amendment to the County of Lake COVID-19 Public Health Emergency Worksite Protocol
Executive Summary:
Staff submits for your Board's consideration updates to the COVID-19 Emergency Worksite Protocol including:
1. Updated isolation recommendations per the CDPH and CDC.
* If An Employee Test Positive for COVID-19, regardless of vaccination status, previous infection or lack of symptoms. They must stay home in isolation for 5 days.
* Isolation can end after day 5 if symptoms are not present and on day 5 or later the employee tests negative. Antigen test preferred.
* If unable to test or choosing not to test, and symptoms are not present or are resolving, isolation can end after day 10.
* The employee must wear a well-fitting mask around others for a total of 10 days, especially in indoor settings
2. Updated quarantine recommendations per the CDPH and CDC.
* If an Employee who is Unvaccinated; OR Vaccinated and booster-eligible but have not yet received their booster dose has been exposed to someone with COVID-19 they must quarantine/ stay home for at least 5 days, after your last contact with a person who has COVID-19.
* Quarantine can end after day 5 if symptoms are not present and on day 5 or later the employee tests negative.
* If unable to test or choosing not to test, and symptoms are not present, quarantine can end after day 10.
* The employee must wear a well-fitting mask around others for a total of 10 days, especially in indoor settings
3. Updated quarantine recommendations per the CDPH and CDC for employees who been vaccinated or boosted; but not yet booster-eligible.
* Test on day 5.
* Wear a well-fitting mask around others for 10 days, especially in indoor settings (see Section below on masking for additional information)
* If testing positive, follow isolation recommendations above.
* If symptoms develop, test and stay home.
4. Added exclusion pay benefits for employees exposed at work.
* Exclusion pay will be provided for employees who are exposed at work and are unable to telework during quarantine and isolation periods.PDF) for at least 5 days, after your last contact with a person who has COVID-19.
5. Updated masking requirements per CDPH.
* CDPH has extended the mask mandated until February 15, 2022. Everyone in California must continue to wear a mask in indoor public spaces and workplaces.
6. Updated the following forms to improve contact tracing and information collected to determine close contact:
* Addendum IIIa COVID Protocol Investigative Form and Instructions
* Addendum IIIb COVID Protocol Exposure Notification Form
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☒ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☒ Infrastructure ☒ County Workforce
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action:
Approve amendment to the County of Lake COVID-19 Public Health Emergency Worksite Protocol and direct staff to continue to return with future amendments to the protocol on an as-needed basis.
On motion of Supervisor Sabatier, and by vote of the Board, Approved Amendment to the County of Lake COVID-19 Public Health Emergency Worksite Protocol as amended. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska, and Crandell
Clerk’s notes: County Administrative Officer Carol Huchingson introduced the item to the Board. Human Resources Director Pam Samac presented the item to the Board. Sheriff Brian Martin spoke.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.3Reconsideration of Temporary Closure of the Board of Supervisors Chambers for in-person meetings
Action Item
Motion carried
Carried 5-0 — moved by Simon
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
Exactly one year ago, January 5, 2021, your Board took action to temporarily close the Board of Supervisors Chambers to further the safety and well-being of employees and of the public. This was based on a growing number of COVID-19 cases in County facilities,
Following your January 5, 2021 direction, County offices remained open to the public, in contrast to the approach taken to the initial shelter-in-place order of March 2020, when all offices were closed. Instead of full closures, in-office staff density was reduced, making transmission of the virus less likely. Remote Work Agreements were utilized, where it was appropriate for staff to partially work from home.
Later, in the spring and summer months of 2021, as conditions improved, your Board reopened the Chambers, and most County employees returned to working in-office full-time.
At this time, in light of the impending omicron surge, I am again recommending your Board temporarily close the Board of Supervisors Chambers, and remind Department Heads of their authority, under our Remote Work Policy, to direct employees to work remotely, to the extent possible and reasonable, until conditions improve.
During this time, as was the case last January, County offices would remain open, but in-person density should be reduced, where feasible, to decrease the likelihood of virus transmission.
I further recommend that your Board re-evaluate this direction no less than once every thirty days.
Recommended Action
1. By motion, temporarily close the Board Chambers for in-person meetings and meet remotely (via Zoom, with broadcasts shared via Facebook, YouTube, Granicus and Lake County PEG TV) until pandemic surge conditions improve.
2. Direct staff to re-agendize this discussion no less than once every thirty days, enabling your Board to rescind this action and return to hybrid meetings (in-person and Zoom) when it is reasonable to do so.
3. Remind Department Heads of their authority, under the Remote Work Policy, to direct employees to work remotely, to the extent possible and reasonable, while keeping offices open to the public, until conditions improve.
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Subject: Reconsideration of Temporary Closure of the Board of Supervisors Chambers for in-person meetings
Executive Summary:
Exactly one year ago, January 5, 2021, your Board took action to temporarily close the Board of Supervisors Chambers to further the safety and well-being of employees and of the public. This was based on a growing number of COVID-19 cases in County facilities,
Following your January 5, 2021 direction, County offices remained open to the public, in contrast to the approach taken to the initial shelter-in-place order of March 2020, when all offices were closed. Instead of full closures, in-office staff density was reduced, making transmission of the virus less likely. Remote Work Agreements were utilized, where it was appropriate for staff to partially work from home.
Later, in the spring and summer months of 2021, as conditions improved, your Board reopened the Chambers, and most County employees returned to working in-office full-time.
At this time, in light of the impending omicron surge, I am again recommending your Board temporarily close the Board of Supervisors Chambers, and remind Department Heads of their authority, under our Remote Work Policy, to direct employees to work remotely, to the extent possible and reasonable, until conditions improve.
During this time, as was the case last January, County offices would remain open, but in-person density should be reduced, where feasible, to decrease the likelihood of virus transmission.
I further recommend that your Board re-evaluate this direction no less than once every thirty days.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☒ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☒ Infrastructure ☒ County Workforce
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action:
1. By motion, temporarily close the Board Chambers for in-person meetings and meet remotely (via Zoom, with broadcasts shared via Facebook, YouTube, Granicus and Lake County PEG TV) until pandemic surge conditions improve.
2. Direct staff to re-agendize this discussion no less than once every thirty days, enabling your Board to rescind this action and return to hybrid meetings (in-person and Zoom) when it is reasonable to do so.
3. Remind Department Heads of their authority, under the Remote Work Policy, to direct employees to work remotely, to the extent possible and reasonable, while keeping offices open to the public, until conditions improve.
There was Board Consensus to have the County Administrative Officer remind Department Heads of their authority to have their employee work remotely when it can be effectively used.
On motion of Supervisor Simon, and by vote of the Board, postponed the workshop on January 20, 2022. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska, and Crandell
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board. County Counsel Anita Grant spoke.
Chair Crandell 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.
7.4(Sitting as the Lake County Air Quality Management District Board of Directors) Consideration of Agreement with Mendocino County AQMD for Air Pollution Control Officer Services.
Action Item
Staff memo
Executive Summary
California Health & Safety Code requires that every Air Pollution Control District / Air Quality Management District (AQMD) has an Air Pollution Control Officer (APCO). The Mendocino County AQMD APCO has retired earlier than originally planned for personal reasons. The Mendocino County AQMD Board has requested to contract with Lake County AQMD for APCO services while they recruit a new APCO.
I was contacted to discuss a draft Scope of Work that the Mendocino County AQMD Board is considering. As the Mendocino AQMD is currently short staffed, due to ongoing vacancies, they are in need of assistance. The draft scope of work includes:
a. Permitting stationary sources including completing Ukiah Landfill Authority to Construct permit for installation of Gas Collection and Control System;
b. Other issues at or arising from stationary sources, such as non-compliance and enforcement; including mitigating non-compliance and enforcement at major stationary source;
c. Burn program enforcement;
d. Review and signature of official reports and Grant work.
e. Personnel evaluations and other Human Resources (HR) actions, including drafting a new job classification by February 11, 2022;
f. Drafting and submitting District Board agenda items working with MCAQMD CEO Liaison, AQMD assigned Deputy Counsel, and Deputy Clerk of the Board;
g. database contractor retropayment issue for refinements since last technical services agreement;
h. District roundtable staff meetings at least once a week; Sitting as the Lake County Air Quality Management District Board of Directors - Agenda Item - Request Authorization to Negotiate an Agreement with Mendocino County AQMD for Air Pollution Control Officer Services.
I. Biweekly Department Head meetings organized by the CEOs office.
This draft scope of work is quite extensive and will require a significant commitment of time. This will also require me to be out of County each week for some assistance. Though I would be out of County for some amount of time each week (hopefully less than 5 hours a week), the work for the Lake County AQMD would be performed after normal business hours. This is not just a request for minor assistance, it would have a minor impact on my availability for the Lake County AQMD. I am bringing this to the Board for consideration and authorization for myself and the County CAO to discuss and negotiate an agreement with Mendocino County.
Recommended Action
Authorize the Air Pollution Control Officer and the County Administrative Officer to negotiate an agreement with Mendocino County for Air Pollution Control Officer services
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Lake County Board of Supervisors
From: Douglas Gearhart, APCO
Subject: (Sitting as the Lake County Air Quality Management District Board of Directors) Consideration of Agreement with Mendocino County AQMD for Air Pollution Control Officer Services.
Executive Summary:
California Health & Safety Code requires that every Air Pollution Control District / Air Quality Management District (AQMD) has an Air Pollution Control Officer (APCO). The Mendocino County AQMD APCO has retired earlier than originally planned for personal reasons. The Mendocino County AQMD Board has requested to contract with Lake County AQMD for APCO services while they recruit a new APCO.
I was contacted to discuss a draft Scope of Work that the Mendocino County AQMD Board is considering. As the Mendocino AQMD is currently short staffed, due to ongoing vacancies, they are in need of assistance. The draft scope of work includes:
a. Permitting stationary sources including completing Ukiah Landfill Authority to Construct permit for installation of Gas Collection and Control System;
b. Other issues at or arising from stationary sources, such as non-compliance and enforcement; including mitigating non-compliance and enforcement at major stationary source;
c. Burn program enforcement;
d. Review and signature of official reports and Grant work.
e. Personnel evaluations and other Human Resources (HR) actions, including drafting a new job classification by February 11, 2022;
f. Drafting and submitting District Board agenda items working with MCAQMD CEO Liaison, AQMD assigned Deputy Counsel, and Deputy Clerk of the Board;
g. database contractor retropayment issue for refinements since last technical services agreement;
h. District roundtable staff meetings at least once a week; Sitting as the Lake County Air Quality Management District Board of Directors - Agenda Item - Request Authorization to Negotiate an Agreement with Mendocino County AQMD for Air Pollution Control Officer Services.
I. Biweekly Department Head meetings organized by the CEOs office.
This draft scope of work is quite extensive and will require a significant commitment of time. This will also require me to be out of County each week for some assistance. Though I would be out of County for some amount of time each week (hopefully less than 5 hours a week), the work for the Lake County AQMD would be performed after normal business hours. This is not just a request for minor assistance, it would have a minor impact on my availability for the Lake County AQMD. I am bringing this to the Board for consideration and authorization for myself and the County CAO to discuss and negotiate an agreement with Mendocino County.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action: Authorize the Air Pollution Control Officer and the County Administrative Officer to negotiate an agreement with Mendocino County for Air Pollution Control Officer services
There was Board Consensus to move forward with negotiations with Mendocino County.
Clerk’s notes: Air Quality Control Director Doug Gearhart presented the item to the Board. County Administrative Officer Carol Huchingson spoke.
Chair Crandell 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 the following advisory board appointments:
Cobb Municipal Advisory Council
Appointment
Motion carried
Carried 5-0 — moved by Pyska
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
Cobb Municipal Advisory Council: One (1) Alternate Vacancy
Applications received: Joe Schneider
The Board of Supervisors does appoint an alternate position per Resolution 2016-116. Please see attached Resolution.
Recommended Action
Appoint qualified applicants to the specified advisory board.
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Lake County Board of Supervisors
From: Johanna DeLong, Assistant Clerk of the Board
Subject: Consideration of Advisory Board Appointments
Executive Summary:
Cobb Municipal Advisory Council: One (1) Alternate Vacancy
Applications received: Joe Schneider
The Board of Supervisors does appoint an alternate position per Resolution 2016-116. Please see attached Resolution.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action: Appoint qualified applicants to the specified advisory board.
On motion of Supervisor Pyska, and by vote of the Board, appointed Joe Schneider to the Cobb Municipal Advisory Council. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska, and Crandell
Clerk’s notes: Supervisor Pyska presented the item to the Board.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8. Joint Meeting of The Lakeport City Council and The Lake County Board Of Supervisors
8.15:30 P.M. - Roll Call
Action Item
Clerk’s notes: Mayor Mattina called the meeting to order at 5:30 p.m., with Council Members Froio, Green, and Mayor Mattina present in the Council Chamber and Council Member Parlet and Mayor Pro Tem Turner present via Zoom.
Chair Crandell called the meeting to order at 5:30 p.m. with Supervisors Pyska, Sabatier, Simon and Scott present in the Council Chamber.
The Pledge of Allegiance was led by Sheriff Martin.
8.25:31 P.M. - Consideration of the Draft Sales Tax Agreement for the South Lakeport Annexation Project
Action Item
Motion carried
Carried 10-0
⚠ Vote count disputed — aye: record says 5, names 10. The official record states a different number of votes than the names it lists, so this tally is unconfirmed.
Crandell: aye Froio: aye Green: aye Mattina: aye Parlet: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye Turner: aye
⚠ Vote count disputed — aye: record says 5, names 10. The official record states a different number of votes than the names it lists, so this tally is unconfirmed.
Crandell: aye Froio: aye Green: aye Mattina: aye Parlet: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye Turner: aye
Staff memo
Executive Summary
Both the City of Lakeport and County of Lake are pleased to announce that the respective negotiation teams have developed a draft Tax Sharing Agreement for both the City Council and Board of Supervisors to jointly consider as it relates to the South Lakeport Annexation Project. The South Lakeport Annexation Project includes approximately 137 acres adjacent to South Main Street and Soda Bay Road as shown in the attached annexation area map (Attachment 1).
BACKGROUND/DISCUSSION:
Negotiations were undertaken in good faith, and focused heavily on two priorities:
1. Sustainably delivering the best possible public services and governance to residents, businesses and property owners in the project area; and
2. Ensuring efficient use of public funds.
With these priorities in mind the City of Lakeport and County of Lake negotiation teams developed a tax sharing agreement with an underlying framework that aims to maintain and enhance public services in the annexation area. The draft tax sharing agreement is broken into three general phases as it pertains to the sharing of Bradley-Burns sales tax revenues:
* Period 1-Adjustment Phase: Beginning June 30th of the year in which the annexation is adopted and running for five (5) years after the completion of the water project.
* Period 2-Cooperation Phase: Continuing for ten (10) years following the completion of Period 1. This time period is expected to see the greatest growth associated with access to public water and is designed to allow for both the City of Lakeport and County of Lake to share in the benefits of economic growth in the annexation area.
* Phase 3-Permanent Phase: Following the completion of Period 2, allocation of Bradley-Burns sales tax revenues to the County will remain equal to the amount received for the final year of Period 2. The agreement includes protections for both the County and City if significant declines in sales tax revenue occur.
Other important elements of this agreement include-
* Coordination and management of the South Main Street / Soda Bay Road Corridor project through the adoption of a Memorandum of Understanding addressing City and County roles and responsibilities for the Transportation Improvement Project, including funding responsibility and allocation.
* Currently, the County owns and operates a sanitary sewer system in the South Lakeport area which includes the annexation area (Assessment District 9-1 & 9-2). Wastewater from these districts is treated by the City under the terms of an agreement dated September 12, 1995, and as subsequently amended. City and County agree to negotiate in good faith a long-term solution that is both financially feasible and effective for residents and businesses in the entire service area for the management of wastewater utilities.
Residents and businesses can expect improved fire protection, access to public water, emergency resiliency through installation of fire hydrants and municipal law enforcement. Additional information related to the annexation may be accessed at www.lakeportannexation.org.
RECOMMENDED ACTIONS:
Following public input and discussion by both the Lakeport City Council and Lake County Board of Supervisors both jurisdictions are being asked individually to adopt the South Lakeport Annexation Tax Sharing Agreement through respective resolutions. The Tax Sharing Agreement and resolutions are included as attachments to this report.
SUGGESTED MOTIONS:
Lakeport City Council
Move to adopt a resolution approving the South Lakeport Annexation Tax Sharing Agreement between the City of Lakeport and County of Lake.
Lake County Board of Supervisors
Move to adopt a resolution approving the South Lakeport Annexation Tax Sharing Agreement between the City of Lakeport and County of Lake.
Attachments
1. South Lakeport Annexation Area Map
2. Draft South Lakeport Annexation Tax Sharing Agreement
3. City of Lakeport Resolution Approving South Lakeport Annexation Tax Sharing Agreement
4. County of Lake Resolution Approving South Lakeport Annexation Tax Sharing Agreement
Recommended Action
Lakeport City Council
Move to adopt a resolution approving the South Lakeport Annexation Tax Sharing Agreement between the City of Lakeport and County of Lake.
Lake County Board of Supervisors
Move to adopt a resolution approving the South Lakeport Annexation Tax Sharing Agreement between the City of Lakeport and County of Lake.
Original memo text
Memorandum
Date: January 11, 2022
To: The Honorable Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Kevin M. Ingram, Lakeport City Manager
Subject: Consideration of the draft Sales Tax Agreement for the South Lakeport Annexation Project
Executive Summary:
Both the City of Lakeport and County of Lake are pleased to announce that the respective negotiation teams have developed a draft Tax Sharing Agreement for both the City Council and Board of Supervisors to jointly consider as it relates to the South Lakeport Annexation Project. The South Lakeport Annexation Project includes approximately 137 acres adjacent to South Main Street and Soda Bay Road as shown in the attached annexation area map (Attachment 1).
BACKGROUND/DISCUSSION:
Negotiations were undertaken in good faith, and focused heavily on two priorities:
1. Sustainably delivering the best possible public services and governance to residents, businesses and property owners in the project area; and
2. Ensuring efficient use of public funds.
With these priorities in mind the City of Lakeport and County of Lake negotiation teams developed a tax sharing agreement with an underlying framework that aims to maintain and enhance public services in the annexation area. The draft tax sharing agreement is broken into three general phases as it pertains to the sharing of Bradley-Burns sales tax revenues:
* Period 1-Adjustment Phase: Beginning June 30th of the year in which the annexation is adopted and running for five (5) years after the completion of the water project.
* Period 2-Cooperation Phase: Continuing for ten (10) years following the completion of Period 1. This time period is expected to see the greatest growth associated with access to public water and is designed to allow for both the City of Lakeport and County of Lake to share in the benefits of economic growth in the annexation area.
* Phase 3-Permanent Phase: Following the completion of Period 2, allocation of Bradley-Burns sales tax revenues to the County will remain equal to the amount received for the final year of Period 2. The agreement includes protections for both the County and City if significant declines in sales tax revenue occur.
Other important elements of this agreement include-
* Coordination and management of the South Main Street / Soda Bay Road Corridor project through the adoption of a Memorandum of Understanding addressing City and County roles and responsibilities for the Transportation Improvement Project, including funding responsibility and allocation.
* Currently, the County owns and operates a sanitary sewer system in the South Lakeport area which includes the annexation area (Assessment District 9-1 & 9-2). Wastewater from these districts is treated by the City under the terms of an agreement dated September 12, 1995, and as subsequently amended. City and County agree to negotiate in good faith a long-term solution that is both financially feasible and effective for residents and businesses in the entire service area for the management of wastewater utilities.
Residents and businesses can expect improved fire protection, access to public water, emergency resiliency through installation of fire hydrants and municipal law enforcement. Additional information related to the annexation may be accessed at www.lakeportannexation.org.
RECOMMENDED ACTIONS:
Following public input and discussion by both the Lakeport City Council and Lake County Board of Supervisors both jurisdictions are being asked individually to adopt the South Lakeport Annexation Tax Sharing Agreement through respective resolutions. The Tax Sharing Agreement and resolutions are included as attachments to this report.
SUGGESTED MOTIONS:
Lakeport City Council
Move to adopt a resolution approving the South Lakeport Annexation Tax Sharing Agreement between the City of Lakeport and County of Lake.
Lake County Board of Supervisors
Move to adopt a resolution approving the South Lakeport Annexation Tax Sharing Agreement between the City of Lakeport and County of Lake.
Attachments:
1. South Lakeport Annexation Area Map
2. Draft South Lakeport Annexation Tax Sharing Agreement
3. City of Lakeport Resolution Approving South Lakeport Annexation Tax Sharing Agreement
4. County of Lake Resolution Approving South Lakeport Annexation Tax Sharing Agreement
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action:
Lakeport City Council
Move to adopt a resolution approving the South Lakeport Annexation Tax Sharing Agreement between the City of Lakeport and County of Lake.
Lake County Board of Supervisors
Move to adopt a resolution approving the South Lakeport Annexation Tax Sharing Agreement between the City of Lakeport and County of Lake.
On motion of Council Member Turner, and by vote of the Board, adopted the resolution approving the South Lakeport Annexation Tax Sharing Agreement between the City of Lakeport and County of Lake. The motion carried by the following vote:
Ayes- Council Members: 5 - Froio, Green, Parlet, Turner, and Mattina
Supervisor Scott offered the resolution and it was passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska, and Crandell
Clerk’s notes: The item was jointly presented by Lakeport City Manager Kevin Ingram and Assistant County Administrative Officer Susan Parker.
The following public members present in the City Chamber spoke: Scott Lauder and PJ Racine. Written comment received from Lakeport Fire Chief Jeff Thomas was read into the record. No one else wished to speak and the public input portion of this item was closed.
9. Closed Session
9.1Public Employee Appointment Pursuant to Gov. Code Section 54957(b)(1):
Interview of Agricultural Commissioner
Appointment of Agricultural Commissioner
Closed Session Item
Motion carried
Carried 5-0 — moved by Scott
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
On motion of Supervisor Scott, and by vote of the Board, appointed Katherine Vanderwall to the Ag Commissioner position, effective February 1, 2022 at salary step one. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska, and Crandell