Board Of Supervisors — Tuesday, March 8, 2022
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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/91797718692?pwd=ZlRmT0N1SkJ0NDJla21yNXY4dHFWdz09 Passcode: 233443 Or One tap mobile: +16699006833,,91797718692#,,,,*233443# US (San Jose) +12532158782,,91797718692#,,,,*233443# US (Tacoma) Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or +1 301 715 8592 or +1 312 626 6799 or +1 929 205 6099 Webinar ID: 917 9771 8692 Passcode: 233443 International numbers available: https://lakecounty.zoom.us/u/avbN05rmi Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) or 162.255.36.11 (US East) Webinar ID: 917 9771 8692 Passcode: 233443 SIP: 91797718692@zoomcrc.com Passcode: 233443
To submit a written comment on any agenda item please visit: https://countyoflake.legistar.com/Calendar.aspx and click on the eComment feature linked to the meeting date. If a comment is submitted after the meeting begins, it may not be read during the meeting but will become a part of the record.
Thank you for your interest in this meeting.
1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Consideration of Extra Items Not Appearing on the Posted Agenda
4.1EXTRA ITEM: (a) Consideration of “extra” agenda item, and, (b) Consideration of the surplus of ballistic vests per the request from the California Governor's Office of Emergency Services and Homeland Security.
Action Item
Carried after a failed motion · 4 motions
FAILED 3-1 — moved by Scott
Crandell: aye Pyska: aye Sabatier: nay Scott: aye Simon: absent
Crandell: aye Pyska: aye Sabatier: nay Scott: aye Simon: absent
Carried 4-0 — moved by Scott
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Carried 4-0 — moved by Scott
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Carried 4-0 — moved by Scott
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Staff memo
Executive Summary
(a) This item is being submitted as an "extra" agenda item. The justification for this request to consider an item not on the posted agenda is as follows:
This item came to my attention subsequent to the posting of the current agenda and there is a need to take action before the next agenda.
(b) I am recommending your Board authorize the surplus of ballistic vests per the attached request from the California Governor's Office of Emergency Services and Homeland Security.
? 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) I request that the Board take action by motion to accept this item for consideration as an "extra" agenda item.
(b) I request your Board authorize the surplus of ballistic vests and helmets per the attached request from the California Governor's Office of Emergency Services and Homeland Security.
Original memo text
MEMORANDUM
TO: The Honorable Lake County Board of Supervisors
FROM: Brian L. Martin, Sheriff/Coroner/Director of Emergency Services
DATE: March 7, 2022
SUBJECT: EXTRA ITEM: (a) Consideration of "extra" agenda item, and, (b) Consideration of the surplus of ballistic vests and helmets per the request from the California Governor's Office of Emergency Services and Homeland Security.
Executive Summary:
(a) This item is being submitted as an "extra" agenda item. The justification for this request to consider an item not on the posted agenda is as follows:
This item came to my attention subsequent to the posting of the current agenda and there is a need to take action before the next agenda.
(b) I am recommending your Board authorize the surplus of ballistic vests per the attached request from the California Governor's Office of Emergency Services and Homeland Security.
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:
(a) I request that the Board take action by motion to accept this item for consideration as an "extra" agenda item.
(b) I request your Board authorize the surplus of ballistic vests and helmets per the attached request from the California Governor's Office of Emergency Services and Homeland Security.
On motion of Supervisor Scott, and by vote of the Board, moved to take this item up as an Extra Item as it came up after the posting of the agenda and needs to be taken up before the next available agenda. The motion failed by the following vote:
Ayes- Supervisors: 3 - Scott, Pyska, and Crandell
Nays- Supervisor: 1 - Sabatier
Absent- Supervisor: 1 - Simon
On motion of Supervisor Scott, and by vote of the Board, moved to reconsider the item. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Scott, Pyska, and Crandell
Absent- Supervisor: 1 - Simon
On motion of Supervisor Scott, and by vote of the Board, moved to take this item up as an Extra Item as it came up after the posting of the agenda and needs to be taken up before the next available agenda. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Scott, Pyska, and Crandell
Absent- Supervisor: 1 - Simon
On motion of Supervisor Scott, and by vote of the Board, approved surplus of ballistic vests per the request from the California Governor's Office of Emergency Services and Homeland Security. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Scott, Pyska, and Crandell
Absent- Supervisor: 1 - Simon
Clerk’s notes: Sheriff Brian Martin presented the item to the Board. County Counsel Anita Grant 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.
5. Approval of the Consent Agenda
5.1Approve Letter to the United States House of Representatives Subcommittee on National Parks, Forests and Public Lands in support of expansion of the existing Berryessa Snow Mountain National Monument to include Walker Ridge, authorizing the Chair to sign
Action Item
passed on consent
Motion carried · 3 motions
Carried 4-0 (recovered from the archived minutes)
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Carried 4-0 — moved by Sabatier (recovered from the archived minutes)
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Carried 4-0 (recovered from the archived minutes)
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Staff memo
Executive Summary
On 09/21/21, our Board approved a letter to Congressman Garamendi for federal legislation to expand the Snow Mountain Berryessa National Monument.
https://countyoflake.legistar.com/LegislationDetail.aspx?ID=5140623&GUID=433BC0F5-619C-4631-AACC-D06F67B693F3
I am advised that on 03/01/22, Congressman Garamendi's bill to add Walker Ridge to the National Monument had a hearing before the House Subcommittee on National Parks, Forests, and Public Lands with both the BLM and Yocha Dehe Wintun Nation Chair Anthony Roberts testifying in favor.
Additional written testimony is being accepted for a ten-day period following the 03/01/22 hearing, and I am advised that Congressman Garamendi Is assembling a packet of all the support letters received to date. Given the deference given to the views of affected local government and the fact that at the time of our 09/21/21 letter, Garamendi's bill had not yet been introduced, the attached new letter is intended to provide a more powerful expression of our Board's support.
Recommended Action
Approve letter to the United States House of Representatives Subcommittee on National Parks,
Forests and Public Lands in support of expansion of the existing Berryessa Snow Mountain
National Monument to include Walker Ridge, authorizing the Chair to sign.
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: E.J. Crandell, Chair, District 3 Supervisor
Subject: Approve Letter to the United States House of Representatives Subcommittee on National Parks, Forests and Public Lands in support of expansion of the existing Berryessa Snow Mountain National Monument to include Walker Ridge, authorizing the Chair to sign
Executive Summary:
On 09/21/21, our Board approved a letter to Congressman Garamendi for federal legislation to expand the Snow Mountain Berryessa National Monument.
https://countyoflake.legistar.com/LegislationDetail.aspx?ID=5140623&GUID=433BC0F5-619C-4631-AACC-D06F67B693F3
I am advised that on 03/01/22, Congressman Garamendi's bill to add Walker Ridge to the National Monument had a hearing before the House Subcommittee on National Parks, Forests, and Public Lands with both the BLM and Yocha Dehe Wintun Nation Chair Anthony Roberts testifying in favor.
Additional written testimony is being accepted for a ten-day period following the 03/01/22 hearing, and I am advised that Congressman Garamendi Is assembling a packet of all the support letters received to date. Given the deference given to the views of affected local government and the fact that at the time of our 09/21/21 letter, Garamendi's bill had not yet been introduced, the attached new letter is intended to provide a more powerful expression of our Board's support.
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 letter to the United States House of Representatives Subcommittee on National Parks,
Forests and Public Lands in support of expansion of the existing Berryessa Snow Mountain
National Monument to include Walker Ridge, authorizing the Chair to sign.
5.2Adopt Proclamation Commending Tim Celli for His 26 Years of Devoted Service to the Residents of Clearlake and Lake County
Proclamation
passed on consent
Staff memo
Executive Summary
COMMENDING TIM CELLI FOR HIS 26 YEARS OF DEVOTED SERVICE
TO THE RESIDENTS OF CLEARLAKE AND LAKE COUNTY
WHEREAS, Captain Tim Celli, of the Clearlake Police Department, was raised in Clearlake and attended local schools including Burns Valley Elementary School, Oak Hill Middle School, and graduated from Lower Lake High School; and
WHEREAS, Tim developed an early interest in law enforcement and joined the Clearlake Police Department as a youth explorer in 1986. Following high school, Tim joined the California National Guard in February 1993 and served in the 649th Military Police Company; and
WHEREAS, Tim completed the police academy in 1994 and served as a reserve police officer with the City of Waterford for just over a year until he returned home to the City of Clearlake where he served as a reserve police officer and community service officer until 1999 when he was promoted to a full-time police officer; and
WHEREAS, Tim served as a patrol officer, detective, and was ultimately assigned to the Lake County Narcotics Task Force where he worked as part of a multi-agency team to address narcotics violations throughout the county. Tim also served as a field training officer, explorer advisor, and president of the Clearlake Police Officers' Association; and
WHEREAS, Tim promoted to police sergeant in 2005 and supervised patrol as well as the Crime Suppression Unit, which was formed to address violent crime in the city. Tim continued to develop his supervisory skills while serving the community and was promoted to Lieutenant in 2012; and
WHEREAS, in October 2015, Tim answered the call to fill in as acting then interim chief of police, temporary assignments that would cumulatively last two and a half years, and during this time, he refocused the department on improving community engagement, introduced a dedicated traffic enforcement officer, addressed violent crime associated with illegal cannabis grows, drafted an ordinance to clean up local parks, and oversaw the department's response to numerous major fires; and
WHEREAS, in 2019, Tim was promoted to police captain and assigned to the Operations Division where he oversaw patrol and investigations and provided administrative support to the chief of police; and
WHEREAS, in addition to his service to the police department, Tim has been an active member of the community having served as a youth and high school football coach, youth wrestling coach, and being a member of the Lion's service club; and
WHEREAS, after over 26 years of devoted public service to the citizens of Clearlake, both on- and off-duty, Captain Celli has decided to enter a much-deserved retirement from law enforcement. While he will be greatly missed, he has clearly made a positive, lasting impact on the community and we wish him well in his future endeavors.
NOW THEREFORE, BE IT PROCLAIMED that the Board of Supervisors of the County of Lake recognizes the vast contributions of Tim Celli and share their unconditional gratitude to the great, and often heroic, service that he has provided to his community and wish him and his family the best as they move on to new endeavors.
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: Bruno Sabatier, District 2 Supervisor
Subject: Adopt Proclamation Commending Tim Celli for His 26 Years of Devoted Service to the Residents of Clearlake and Lake County
Executive Summary:
COMMENDING TIM CELLI FOR HIS 26 YEARS OF DEVOTED SERVICE
TO THE RESIDENTS OF CLEARLAKE AND LAKE COUNTY
WHEREAS, Captain Tim Celli, of the Clearlake Police Department, was raised in Clearlake and attended local schools including Burns Valley Elementary School, Oak Hill Middle School, and graduated from Lower Lake High School; and
WHEREAS, Tim developed an early interest in law enforcement and joined the Clearlake Police Department as a youth explorer in 1986. Following high school, Tim joined the California National Guard in February 1993 and served in the 649th Military Police Company; and
WHEREAS, Tim completed the police academy in 1994 and served as a reserve police officer with the City of Waterford for just over a year until he returned home to the City of Clearlake where he served as a reserve police officer and community service officer until 1999 when he was promoted to a full-time police officer; and
WHEREAS, Tim served as a patrol officer, detective, and was ultimately assigned to the Lake County Narcotics Task Force where he worked as part of a multi-agency team to address narcotics violations throughout the county. Tim also served as a field training officer, explorer advisor, and president of the Clearlake Police Officers' Association; and
WHEREAS, Tim promoted to police sergeant in 2005 and supervised patrol as well as the Crime Suppression Unit, which was formed to address violent crime in the city. Tim continued to develop his supervisory skills while serving the community and was promoted to Lieutenant in 2012; and
WHEREAS, in October 2015, Tim answered the call to fill in as acting then interim chief of police, temporary assignments that would cumulatively last two and a half years, and during this time, he refocused the department on improving community engagement, introduced a dedicated traffic enforcement officer, addressed violent crime associated with illegal cannabis grows, drafted an ordinance to clean up local parks, and oversaw the department's response to numerous major fires; and
WHEREAS, in 2019, Tim was promoted to police captain and assigned to the Operations Division where he oversaw patrol and investigations and provided administrative support to the chief of police; and
WHEREAS, in addition to his service to the police department, Tim has been an active member of the community having served as a youth and high school football coach, youth wrestling coach, and being a member of the Lion's service club; and
WHEREAS, after over 26 years of devoted public service to the citizens of Clearlake, both on- and off-duty, Captain Celli has decided to enter a much-deserved retirement from law enforcement. While he will be greatly missed, he has clearly made a positive, lasting impact on the community and we wish him well in his future endeavors.
NOW THEREFORE, BE IT PROCLAIMED that the Board of Supervisors of the County of Lake recognizes the vast contributions of Tim Celli and share their unconditional gratitude to the great, and often heroic, service that he has provided to his community and wish him and his family the best as they move on to new endeavors.
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:
5.3Approve Northshore Fire Protection District Wildland Fire Fuels Crew Grant Agreement for the Purchase of Equipment for an Amount Not to Exceed $521,779
Action Item
pulled on consent
Motion carried
Carried 4-0 — moved by Pyska
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Staff memo
Executive Summary
On October 5, 2021, the Northshore Fire Protection District presented a grant request to your Board to help fund a recently established county-wide Wildland Fire Fuels Crew Program. Of the $1,183,779 projected first year expenses, the District requested a grant amount of $521,779 to help address the outstanding funding needs related to the purchase of equipment (Exhibit A).
The Wildland Fire Fuels Crew members will complete the following tasks:
a. Coordinate with Lake County Community Development Department, Code Enforcement Division to clear brush and fuels from risk identified areas and conduct prescribed burns where appropriate within the County.
b. Assume mop-up tasks on incidents allowing Emergency Medical Services and Fire Fighter personnel to be released from scenes to respond to other urgent calls.
c. Conduct fuel mitigation projects to assist senior citizen community members and/or be available for hire for clearing brush throughout the County.
The Northshore Fire Protection District will submit a final Grant Status Report to your Board after the first full year of fire fuel mitigation and other identified tasks no later than January 8, 2024.
Recommended Action
Approve Northshore Fire Protection District Wildland Fire Fuels Crew Grant Agreement for the purchase of equipment for an amount not to exceed $521,779
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Subject: Approve Northshore Fire Protection District Wildland Fire Fuels Crew Grant Agreement for the Purchase of Equipment for an Amount Not to Exceed $521,779
Executive Summary:
On October 5, 2021, the Northshore Fire Protection District presented a grant request to your Board to help fund a recently established county-wide Wildland Fire Fuels Crew Program. Of the $1,183,779 projected first year expenses, the District requested a grant amount of $521,779 to help address the outstanding funding needs related to the purchase of equipment (Exhibit A).
The Wildland Fire Fuels Crew members will complete the following tasks:
a. Coordinate with Lake County Community Development Department, Code Enforcement Division to clear brush and fuels from risk identified areas and conduct prescribed burns where appropriate within the County.
b. Assume mop-up tasks on incidents allowing Emergency Medical Services and Fire Fighter personnel to be released from scenes to respond to other urgent calls.
c. Conduct fuel mitigation projects to assist senior citizen community members and/or be available for hire for clearing brush throughout the County.
The Northshore Fire Protection District will submit a final Grant Status Report to your Board after the first full year of fire fuel mitigation and other identified tasks no later than January 8, 2024.
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 Northshore Fire Protection District Wildland Fire Fuels Crew Grant Agreement for the purchase of equipment for an amount not to exceed $521,779
On motion of Supervisor Pyska, and by vote of the Board, Approved Northshore Fire Protection District Wildland Fire Fuels Crew Grant Agreement for the Purchase of Equipment for an Amount Not to Exceed $521,779 as amended. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Scott, Pyska, and Crandell
Absent- Supervisor: 1 - Simon
Clerk’s notes: Assistant County Administrative Officer Susan Parker presented the item to the Board. County Administrative Officer Carol Huchingson, Northshore Fire Chief Mike Ciancio, and County Counsel Anita Grant 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.
5.4Adopt Resolution Amending Resolution 2021-31 and Replace Appendix A to Include an Updated Legal Description of the Property Exchange Agreement with the State of California (APN 010-043-01) executed on October 29, 2021
Agreement
passed on consent
Staff memo
Executive Summary
On October 29, 2021, your Board executed a Property Exchange Agreement with the State of California involving a land swap with the State owned Lakeport Armory located at 1431 Hoyt Avenue and the County owned vacant property located at 15837 18th Avenue, Clearlake, CA. This property exchange provides a public benefit to help meet the affordable housing needs in the County and provides a critical need for expanded space by the Lake County Sheriff's Office.
One of the final tasks that needed to be completed before your Board could execute this agreement included adopting Resolution 2021-31 to authorize the execution and implementation of a property exchange agreement with the State of California. Those documents included legal descriptions that had been used in the negotiations between the State of California, City of Clearlake and County of Lake.
After the execution of the Property Exchange Agreement and upon further review, staff recommended obtaining a certified legal description and survey map before recording the grant deed and Agreement. Upon receipt of the certified legal description, the Title Company has requested an amended Resolution to include the certified legal description.
Resolution amendments include the following:
TITLE: RESOLUTION AMENDING RESOLUTION 2021-31 TO AMEND APPENDIX A TO INCLUDE AN UPDATED LEGAL DESCIPTION OF THE PROPERTY EXCHANGE AGREEMENT WITH THE STATE OF CALIFORNIA (APN 010-043-01) EXECUTED ON OCTOBER 29, 2021.
SECOND WHEREAS: WHEREAS, said County Property, legally described previously in Exhibit "A" has been surveyed by the County and requests Resolution amendment to include Exhibit "A-1" hereto, attached and incorporated herein by reference, which is unused by the County and vacant, is intended to be exchanged with the State of California; and
RECITIAL NO. 3 That the County Property, particularly described in Exhibit "A" replaced by Exhibit "A-1" hereto, shall be conveyed to the State of California in accordance with Government Code Section 25365 in exchange for the State Property, particularly-described in Exhibit "B" hereto, attached and incorporated herein by reference, which shall be conveyed to the County of Lake.
Staff requests your Board amend the Resolution to include the revised language listed and the updated legal description. Staff also plans to submit a request in the near future related to amending the Property Exchange Agreement that will include the updated legal description, survey map and grant deed.
Recommended Action
Adopt Resolution amending Resolution 2021-31 and replace Appendix A to include an updated legal description of the Property Exchange Agreement with the State of California (APN 010-043-01) executed on October 29, 2021
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Subject: Adopt Resolution Amending Resolution 2021-31 and Replace Appendix A to Include an Updated Legal Description of the Property Exchange Agreement with the State of California (APN 010-043-01) executed on October 29, 2021
Executive Summary:
On October 29, 2021, your Board executed a Property Exchange Agreement with the State of California involving a land swap with the State owned Lakeport Armory located at 1431 Hoyt Avenue and the County owned vacant property located at 15837 18th Avenue, Clearlake, CA. This property exchange provides a public benefit to help meet the affordable housing needs in the County and provides a critical need for expanded space by the Lake County Sheriff's Office.
One of the final tasks that needed to be completed before your Board could execute this agreement included adopting Resolution 2021-31 to authorize the execution and implementation of a property exchange agreement with the State of California. Those documents included legal descriptions that had been used in the negotiations between the State of California, City of Clearlake and County of Lake.
After the execution of the Property Exchange Agreement and upon further review, staff recommended obtaining a certified legal description and survey map before recording the grant deed and Agreement. Upon receipt of the certified legal description, the Title Company has requested an amended Resolution to include the certified legal description.
Resolution amendments include the following:
TITLE: RESOLUTION AMENDING RESOLUTION 2021-31 TO AMEND APPENDIX A TO INCLUDE AN UPDATED LEGAL DESCIPTION OF THE PROPERTY EXCHANGE AGREEMENT WITH THE STATE OF CALIFORNIA (APN 010-043-01) EXECUTED ON OCTOBER 29, 2021.
SECOND WHEREAS: WHEREAS, said County Property, legally described previously in Exhibit "A" has been surveyed by the County and requests Resolution amendment to include Exhibit "A-1" hereto, attached and incorporated herein by reference, which is unused by the County and vacant, is intended to be exchanged with the State of California; and
RECITIAL NO. 3 That the County Property, particularly described in Exhibit "A" replaced by Exhibit "A-1" hereto, shall be conveyed to the State of California in accordance with Government Code Section 25365 in exchange for the State Property, particularly-described in Exhibit "B" hereto, attached and incorporated herein by reference, which shall be conveyed to the County of Lake.
Staff requests your Board amend the Resolution to include the revised language listed and the updated legal description. Staff also plans to submit a request in the near future related to amending the Property Exchange Agreement that will include the updated legal description, survey map and grant deed.
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: Adopt Resolution amending Resolution 2021-31 and replace Appendix A to include an updated legal description of the Property Exchange Agreement with the State of California (APN 010-043-01) executed on October 29, 2021
5.5Approve an Amendment to the September 2021 Letter of Commitment Between the County of Lake and Trane Technologies, Enabling Pursuit of Grant Funding Toward a Firemain Linked Auxiliary Supply Hydraulic Energy Storage (FLASHES) System Project in North Lakeport
Action Item
passed on consent
Staff memo
Executive Summary
As you will recall, on September 21, your Board approved a Letter of Commitment (LOC) with Trane. With adoption of that LOC, the County committed to coordinating with Trane to pursue grant funding, and declared our intention to move forward with N. Lakeport FLASHES project, if it proved to be viable, in the interest of bringing disaster and energy resiliency benefits to critical infrastructure facilities and surrounding areas. Under the terms of that letter, a $100,000 termination fee would be required if the County elected not to move forward, despite the project having proven feasible:
https://countyoflake.legistar.com/LegislationDetail.aspx?ID=5140574&GUID=5BB629E7-35FB-469F-A259-78704707F341&FullText=1
Environmental Review for energy projects of this scale typically occurs under a formal Development Agreement, and not an LOC. However, in this case, the late spring window wherein this work must be undertaken will lapse prior to completion of a Development Agreement.
Therefore, Trane is asking that your Board adopt the attached Letter of Commitment Amendment. Like the September 21 Letter, we are committing to support pursuit of grant funding. With this renewed County commitment, Trane will undertake the environmental work at their own risk. If grant funds are awarded, they will be passed through to Trane, in partial consideration of the work undertaken. There is no change to the termination fee
Recommended Action
Approve the Amendment to the September 2021 Letter of Commitment between the County of Lake and Trane Technologies enabling pursuit of grant funding toward a Firemain Linked Auxiliary Supply Hydraulic Energy Storage (FLASHES) System Project in North Lakeport.
Original memo text
Memorandum
Date: March 8,2022
To: The Honorable Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Subject: Approve an Amendment to the September 2021 Letter of Commitment Between the County of Lake and Trane Technologies, Enabling Pursuit of Grant Funding Toward a Firemain Linked Auxiliary Supply Hydraulic Energy Storage (FLASHES) System Project in North Lakeport
Executive Summary:
As you will recall, on September 21, your Board approved a Letter of Commitment (LOC) with Trane. With adoption of that LOC, the County committed to coordinating with Trane to pursue grant funding, and declared our intention to move forward with N. Lakeport FLASHES project, if it proved to be viable, in the interest of bringing disaster and energy resiliency benefits to critical infrastructure facilities and surrounding areas. Under the terms of that letter, a $100,000 termination fee would be required if the County elected not to move forward, despite the project having proven feasible:
https://countyoflake.legistar.com/LegislationDetail.aspx?ID=5140574&GUID=5BB629E7-35FB-469F-A259-78704707F341&FullText=1
Environmental Review for energy projects of this scale typically occurs under a formal Development Agreement, and not an LOC. However, in this case, the late spring window wherein this work must be undertaken will lapse prior to completion of a Development Agreement.
Therefore, Trane is asking that your Board adopt the attached Letter of Commitment Amendment. Like the September 21 Letter, we are committing to support pursuit of grant funding. With this renewed County commitment, Trane will undertake the environmental work at their own risk. If grant funds are awarded, they will be passed through to Trane, in partial consideration of the work undertaken. There is no change to the termination fee
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 the Amendment to the September 2021 Letter of Commitment between the County of Lake and Trane Technologies enabling pursuit of grant funding toward a Firemain Linked Auxiliary Supply Hydraulic Energy Storage (FLASHES) System Project in North Lakeport.
5.6a) Reaffirm action taken on October 26, 2021 adopting resolution No. 2021-135 Authorizing the Agreement in the amount of $757,550.00 between the County of Lake and the California Mental Health Services Authority for the period of Agreement execution through December 31, 2024; and b) authorize the Behavioral Health Director to sign the agreement.
Resolution
passed on consent
Staff memo
Executive Summary
This item was approved on the October 26, 2021 BOS Agenda. However, an error was made in that the language of the Resolution did not match the item title or the subject of the memorandum to the BOS. The Resolution authorizes the Behavioral Health Director to sign the Participation Agreement, however, the item title and subject of the memo authorize the board chair to sign the PA. We are resubmitting this item to reaffirm the BOS approval of this item and authorize the behavioral health director to sign the Participation Agreement (PA).
For reference:
The Mental Health Services Act (MHSA) includes a rare and explicit commitment to fostering innovation in providing services and supports. The law requires counties to utilize 5% of their MHSA funds on innovation projects and charges the Mental Health Services Oversight & Accountability Commission (MHSOAC) with approving those projects. Funds not utilized are subject to reversion by the state. Although counties can propose individual projects, the MHSOAC also encourages multi-county collaborations to explore ways to improve mental health services across California. This has the advantage of learning from other counties as well as sharing the responsibility in getting a project approved, which is often difficult and time consuming.
In January 2020, a cohort of six (6) California county behavioral health departments (Fresno, Sacramento, San Bernardino, San Mateo, Siskiyou, and Ventura) embarked on a multi-year Full Service Partnership (FSP) Innovation Project to identify data-driven best practices and improve service delivery across California. Full-Service Partnership (FSP) is the largest overall program within MHSA (minimum 38%) with more than $1 billion spent annually statewide. FSP programs provide direct, wraparound services for those with chronic mental illness who are most at risk of homelessness, incarceration, or institutionalization with a "whatever it takes" approach. The Multi-County FSP Innovation project, catalyzed by similar efforts from the Los Angeles County Department of Mental Health to transform their FSP program one that is outcome-focused and data-driven, this project aims to leverage counties' collective resources and experience to implement a uniform, data-driven approach that improves counties' capacity to use centralized data to enhance FSP services and consumer outcomes. The Project is supported by numerous stakeholders, including a consultant firm called Third Sector, as the outcomes-focused technical assistance provider, the Mental Health Services Oversight and Accountability Commission (MHSOAC) to provide contractual oversight, California Mental Health Services Authority (CalMHSA) as the fiscal agent, and RAND as the Project evaluator. The project was created in close partnership with the Center for Behavioral Health Directors Association (CBHDA).
Recently, Lake County, along with Stanislaus County, were invited to participate in this project. As this project involves counties that are large, medium and small, LCBHS sees a significant opportunity to improve our own FSP program and create better data tracking, better service delivery, and better outcomes for the citizens of Lake County receiving FSP services. This project was described in our recent annual MHSA presentation to the Board on 09/21/2021. As the groundwork has already been laid for this project, it is fairly easy to join in and start off running. The contract before the Board between the County and CalMHSA enables LCBHS to use its Innovation Funds for this project.
Recommended Action
a) Reaffirm action taken on October 26, 2021 adopting resolution No. 2021-135 Authorizing the Agreement in the amount of $757,550.00 between the County of Lake and the California Mental Health Services Authority for the period of Agreement execution through December 31, 2024; and b) authorize the Behavioral Health Director to sign the agreement.
| Estimated Cost | $757,550.00 |
|---|---|
| Amount Budgeted | $757,550.00 |
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: Todd Metcalf, Director Lake County Behavioral Health Services
Subject: a) Reaffirm action taken on October 26, 2021 adopting resolution No. 2021-135 Authorizing the Agreement in the amount of $757,550.00 between the County of Lake and the California Mental Health Services Authority for the period of Agreement execution through December 31, 2024; and b) authorize the Behavioral Health Director to sign the agreement.
Executive Summary:
This item was approved on the October 26, 2021 BOS Agenda. However, an error was made in that the language of the Resolution did not match the item title or the subject of the memorandum to the BOS. The Resolution authorizes the Behavioral Health Director to sign the Participation Agreement, however, the item title and subject of the memo authorize the board chair to sign the PA. We are resubmitting this item to reaffirm the BOS approval of this item and authorize the behavioral health director to sign the Participation Agreement (PA).
For reference:
The Mental Health Services Act (MHSA) includes a rare and explicit commitment to fostering innovation in providing services and supports. The law requires counties to utilize 5% of their MHSA funds on innovation projects and charges the Mental Health Services Oversight & Accountability Commission (MHSOAC) with approving those projects. Funds not utilized are subject to reversion by the state. Although counties can propose individual projects, the MHSOAC also encourages multi-county collaborations to explore ways to improve mental health services across California. This has the advantage of learning from other counties as well as sharing the responsibility in getting a project approved, which is often difficult and time consuming.
In January 2020, a cohort of six (6) California county behavioral health departments (Fresno, Sacramento, San Bernardino, San Mateo, Siskiyou, and Ventura) embarked on a multi-year Full Service Partnership (FSP) Innovation Project to identify data-driven best practices and improve service delivery across California. Full-Service Partnership (FSP) is the largest overall program within MHSA (minimum 38%) with more than $1 billion spent annually statewide. FSP programs provide direct, wraparound services for those with chronic mental illness who are most at risk of homelessness, incarceration, or institutionalization with a "whatever it takes" approach. The Multi-County FSP Innovation project, catalyzed by similar efforts from the Los Angeles County Department of Mental Health to transform their FSP program one that is outcome-focused and data-driven, this project aims to leverage counties' collective resources and experience to implement a uniform, data-driven approach that improves counties' capacity to use centralized data to enhance FSP services and consumer outcomes. The Project is supported by numerous stakeholders, including a consultant firm called Third Sector, as the outcomes-focused technical assistance provider, the Mental Health Services Oversight and Accountability Commission (MHSOAC) to provide contractual oversight, California Mental Health Services Authority (CalMHSA) as the fiscal agent, and RAND as the Project evaluator. The project was created in close partnership with the Center for Behavioral Health Directors Association (CBHDA).
Recently, Lake County, along with Stanislaus County, were invited to participate in this project. As this project involves counties that are large, medium and small, LCBHS sees a significant opportunity to improve our own FSP program and create better data tracking, better service delivery, and better outcomes for the citizens of Lake County receiving FSP services. This project was described in our recent annual MHSA presentation to the Board on 09/21/2021. As the groundwork has already been laid for this project, it is fairly easy to join in and start off running. The contract before the Board between the County and CalMHSA enables LCBHS to use its Innovation Funds for this project.
If not budgeted, fill in the blanks below only:
Estimated Cost: _$757,550.00_ Amount Budgeted: _$757,550.00_ 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: a) Reaffirm action taken on October 26, 2021 adopting resolution No. 2021-135 Authorizing the Agreement in the amount of $757,550.00 between the County of Lake and the California Mental Health Services Authority for the period of Agreement execution through December 31, 2024; and b) authorize the Behavioral Health Director to sign the agreement.
5.7Approve Amendment to the Agreement between County of Lake and Hilltop Recovery Services for Substance Use Disorder Outpatient Drug Free and Residential Services for a new Contract Maximum of $292,050.00 for Fiscal Year 2021-22 and Authorize the Board Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
This Amendment represents a contract increase of $92,950.00 and an increase in residential treatment beds from 2 (two) to 4 (four). LCBHS applied for and was awarded supplement Substance Abuse Block Grant (SABG) funding through the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) with a specific allocation to fund additional residential treatment beds/services.
Hilltop Recovery Services is the only non-perinatal residential treatment facility in Lake County and they were willing to expand access to Lake County beneficiaries. This expanded treatment is critical, as our community continues to be heavily impacted by substance abuse needs including overdose deaths.
Recommended Action
Approve Amendment to the Agreement between County of Lake and Hilltop Recovery Services for Substance Use Disorder Outpatient Drug Free and Residential Services for a new Contract Maximum of $292,050.00 for Fiscal Year 2021-22 and Authorize the Board Chair to Sign.
| Estimated Cost | $292,050.00 |
|---|---|
| Amount Budgeted | $292,050.00 |
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: Todd Metcalf, Director Behavioral Health Services
Subject: Approve Amendment to the Agreement between County of Lake and Hilltop Recovery Services for Substance Use Disorder Outpatient Drug Free and Residential Services for a new Contract Maximum of $292,050.00 for Fiscal Year 2021-22 and Authorize the Board Chair to Sign.
Executive Summary:
This Amendment represents a contract increase of $92,950.00 and an increase in residential treatment beds from 2 (two) to 4 (four). LCBHS applied for and was awarded supplement Substance Abuse Block Grant (SABG) funding through the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) with a specific allocation to fund additional residential treatment beds/services.
Hilltop Recovery Services is the only non-perinatal residential treatment facility in Lake County and they were willing to expand access to Lake County beneficiaries. This expanded treatment is critical, as our community continues to be heavily impacted by substance abuse needs including overdose deaths.
If not budgeted, fill in the blanks below only:
Estimated Cost: _$292,050.00_ Amount Budgeted: _$292,050.00_ 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 Amendment to the Agreement between County of Lake and Hilltop Recovery Services for Substance Use Disorder Outpatient Drug Free and Residential Services for a new Contract Maximum of $292,050.00 for Fiscal Year 2021-22 and Authorize the Board Chair to Sign.
5.8Approve Board of Supervisors Meeting Minutes February 15, 2022
Minutes
passed on consent
5.9(a) Adopt Resolution recognizing, endorsing and accepting the technical and financial support provided to Lake County by the Northern California Coalition to safeguard communities in an effort to address criminal activities associated with the illegal cultivation of cannabis by Drug Trafficking Organizations; and (b) Adopt Resolution Amending Resolution 2021-115 to amend the adopted budget for FY2021-22 by appropriating unanticipated revenue in the Sheriff/Coroner budget 2201
Proclamation
pulled on consent
Staff memo
Executive Summary
This resolution is brought to the Board for consideration to recognize, endorse, and authorize acceptance of technical and financial support provided to Lake County by the Northern California Coalition to Safeguard Communities. The goals of the Coalition are to proactively and collaboratively investigate crimes associated with illegal cultivation of cannabis by drug trafficking organizations that engage in conduct which violates environmental and human trafficking laws. The Coalition is comprised of law enforcement representatives from 5 Northern California Counties and receives financial support from the Center to Combat Human Trafficking.
The Center to Combat Human Trafficking (CTCHT) is a nonprofit, grantmaking organization that operates exclusively to advance the United States' response to human trafficking through comprehensive and innovative community-based models. Established with funding from the Howard G. Buffett Foundation (HGBF), CTCHT provides multi-year grants for long-term interventions that identify, investigate, and prosecute human trafficking and support survivors of human trafficking. CTCHT also provides follow-on funding for select interventions piloted by HGBF and is a resource for flexible funds to address emergency funding needs in the field.
These investigations will aim to have a large impact on organized criminal enterprises that operate not only within the confines of a single county, but engage in multijurisdictional criminal activity.
Not applicable
Recommended Action
(a) Adopt Resolution recognizing, endorsing and accepting the technical and financial support provided to Lake County by the Northern California Coalition to safeguard communities in an effort to address criminal activities associated with the illegal cultivation of cannabis by Drug Trafficking Organizations; and (b) Adopt Resolution Amending Resolution 2021-115 to amend the adopted budget for FY2021-22 by appropriating unanticipated revenue in the Sheriff/Coroner budget 2201
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: Brian L. Martin, Sheriff/Coroner
Subject: (a) Adopt Resolution recognizing, endorsing and accepting the technical and financial support provided to Lake County by the Northern California Coalition to safeguard communities in an effort to address criminal activities associated with the illegal cultivation of cannabis by Drug Trafficking Organizations and (b) Adopt Resolution Amending Resolution 2021-115 to amend the adopted budget for FY2021-22 by appropriating unanticipated revenue in the Sheriff/Coroner budget 2201
Executive Summary: This resolution is brought to the Board for consideration to recognize, endorse, and authorize acceptance of technical and financial support provided to Lake County by the Northern California Coalition to Safeguard Communities. The goals of the Coalition are to proactively and collaboratively investigate crimes associated with illegal cultivation of cannabis by drug trafficking organizations that engage in conduct which violates environmental and human trafficking laws. The Coalition is comprised of law enforcement representatives from 5 Northern California Counties and receives financial support from the Center to Combat Human Trafficking.
The Center to Combat Human Trafficking (CTCHT) is a nonprofit, grantmaking organization that operates exclusively to advance the United States' response to human trafficking through comprehensive and innovative community-based models. Established with funding from the Howard G. Buffett Foundation (HGBF), CTCHT provides multi-year grants for long-term interventions that identify, investigate, and prosecute human trafficking and support survivors of human trafficking. CTCHT also provides follow-on funding for select interventions piloted by HGBF and is a resource for flexible funds to address emergency funding needs in the field.
These investigations will aim to have a large impact on organized criminal enterprises that operate not only within the confines of a single county, but engage in multijurisdictional criminal activity.
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: (a) Adopt Resolution recognizing, endorsing and accepting the technical and financial support provided to Lake County by the Northern California Coalition to safeguard communities in an effort to address criminal activities associated with the illegal cultivation of cannabis by Drug Trafficking Organizations; and (b) Adopt Resolution Amending Resolution 2021-115 to amend the adopted budget for FY2021-22 by appropriating unanticipated revenue in the Sheriff/Coroner budget 2201
a) Supervisor Sabatier offered the resolution and it passed by roll call vote:
Ayes- Supervisors: 4 - Sabatier, Scott, Pyska, and Crandell
Absent- Supervisor: 1 - Simon
b) Supervisor Sabatier offered the resolution and it passed by roll call vote:
Ayes- Supervisors: 4 - Sabatier, Scott, Pyska, and Crandell
Absent- Supervisor: 1 - Simon
Clerk’s notes: County Administrative Officer Carol Huchingson 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.
5.10Approve late travel claim for Water Resources Program Coordinator, William Fox, in the amount of $224.28 for the Western Groundwater Congress Conference held in Burbank, Ca and authorize Auditor to pay
Action Item
pulled on consent
Motion carried · 3 motions
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Staff memo
Executive Summary
The Water Resources Department kindly requests the approval of a late travel claim for Water Resources Program Coordinator, William Fox in the amount of two hundred twenty-eight dollars and twenty-eight cents ($228.28).
William participated in the California Groundwater Resources Association Western Groundwater Congress Conference in Southern California from September 12, 2021 through September 19, 2021. Due to circumstances beyond his control, his paperwork was not submitted until after the 60 day timeframe had been exceeded.
This claim is being paid from Watershed Protection District Budget Unit 8109.
Not applicable
Recommended Action
Approve late travel claim for Water Resources Program Coordinator, William Fox, in the amount of $228.28, for a conference held in Burbank, Ca and authorize the Auditor to pay.
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: Scott De Leon, Public Works Director
Subject: Approve late travel claim for Water Resources Program Coordinator, William Fox, in the amount of $228.28 for the Western Groundwater Congress Conference held in Burbank, Ca and authorize Auditor to pay
Executive Summary:
The Water Resources Department kindly requests the approval of a late travel claim for Water Resources Program Coordinator, William Fox in the amount of two hundred twenty-eight dollars and twenty-eight cents ($228.28).
William participated in the California Groundwater Resources Association Western Groundwater Congress Conference in Southern California from September 12, 2021 through September 19, 2021. Due to circumstances beyond his control, his paperwork was not submitted until after the 60 day timeframe had been exceeded.
This claim is being paid from Watershed Protection District Budget Unit 8109.
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 late travel claim for Water Resources Program Coordinator, William Fox, in the amount of $228.28, for a conference held in Burbank, Ca and authorize the Auditor to pay.
On motion of Supervisor Sabatier, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.10 with the exception of items 5.3 and 5.9 which were pulled for further discussion. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Scott, Pyska, and Crandell
Absent- Supervisor: 1 - Simon
On motion of Supervisor Sabatier, and by vote of the Board, reopened the Consent Agenda. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Scott, Pyska, and Crandell
Absent- Supervisor: 1 - Simon
On motion of Supervisor Sabatier, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.10 with the exception of items 5.3, 5.9, and 5.10 which were pulled for further discussion. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Scott, Pyska, and Crandell
Absent- Supervisor: 1 - Simon
Clerk’s notes: County Administrative Officer Carol Huchingson 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.
6. Timed Items
6.19:05 A.M. - Public Input
Clerk’s notes: There was no public input.
6.29:15 A.M. - Consideration to Rescind Urgency Ordinance No. 3114 Requiring All Persons, Regardless of COVID-19 Vaccination Status, Wear Face Coverings in County Facilities
Action Item
Motion carried · 2 motions
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Staff memo
Executive Summary
Unvaccinated/Vaccinated individuals are no longer required to wear masks in all public indoor settings in California. Instead, all individuals, regardless of vaccination status, are strongly recommended to continue indoor masking. Unless specifically exempt, all individuals remain required to mask in certain settings considered higher risk.
Based on CDPH and CDC guidance detailed below, our Public Health Officer, Dr. Erik McLaughlin recommends your Board rescind the ordinance requiring masking in County facilities. Instead, Dr. McLaughlin highly recommends masking in County facilities.
Masks are required for all individuals in the following indoor settings, regardless of vaccination status. Surgical masks or higher-level respirators (e.g., N95s, KN95s, KF94's) with good fit are highly recommended.
* Indoors in K-12 schools[6], childcare[7] (through March 11, 2022)*
* On public transit[5] (examples: airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares) and in transportation hubs (examples: airport, bus terminal, marina, train station, seaport or other port, subway station, or any other area that provides transportation)
* Emergency[8] shelters and cooling and heating centers[9]
* Healthcare settings[10] (applies to all healthcare settings, including those that are not covered by the State Health Officer Order issued on July 26, 2021)**
* State and local correctional facilities and detention centers[11]
* Homeless shelters[12]
* Long Term Care Settings & Adult and Senior Care Facilities[13]
Additionally, masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public).
The following individuals are exempt from wearing masks at all times:
* Persons younger than two years old. Very young children must not wear a mask because of the risk of suffocation.
* Persons with a medical condition, mental health condition, or disability that prevents wearing a mask. This includes persons with a medical condition for whom wearing a mask could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a mask without assistance.
* Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication.
* Persons for whom wearing a mask would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines.
CDPH is maintaining the masking requirements in specified high-risk settings, consistent with CDC recommendations. This allows us to continue protecting our most vulnerable populations and the workforce that delivers critical services in these settings.
CDPH is maintaining the requirement that businesses and venue operators, including K-12 school and childcare settings, must allow any individual to wear a mask if they desire to.
Businesses may still choose to require all patrons to wear masks, and are encouraged to continue providing information on recommended precautions; this is particularly important when community transmission is high. In workplaces, employers are subject to the CalOSHA COVID-19 Emergency Temporary Standards (ETS) or in some workplaces the Cal/OSHA Aerosol Transmissible Diseases (ATD) Standard and should consult those regulations for additional applicable requirements.
Important: Local health jurisdictions and entities may continue to implement additional requirements that go beyond this statewide guidance based on local circumstances.
Requirements and recommendations will continue to be updated as CDPH and Health Officers/Departments continue to assess conditions of their prospective populations on an ongoing basis.
New CDC Guidance Describes Three Tiers of Preventive Measures Based on "COVID-19 Community Levels"
Currently, Lake County is in the "High" category (Red Tier) of both the CDC's newly released guidelines on "COVID-19 Community Levels" and their "Community Transmission" metrics. More information is available here:
https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html
https://www.cdc.gov/coronavirus/2019-ncov/science/community-levels.html
https://covid.cdc.gov/covid-data-tracker/#county-view?list_select_state=California&data-type=Risk&list_select_county=6033
With Lake County in the CDC's High Tier, What Prevention Steps Should I Take?
As noted, precautions are strongly recommended by the CDC for Counties with high levels of current COVID risk:
- Wear a mask in indoor public settings (https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/masks.html)
- Get vaccinated and stay current with booster doses (https://www.cdc.gov/coronavirus/2019-ncov/vaccines/stay-up-to-date.html)
- Feeling sick? Get tested: https://www.cdc.gov/coronavirus/2019-ncov/testing/diagnostic-testing.html
- Additional precautions are recommended for people at high risk of severe illness: https://www.cdc.gov/coronavirus/2019-ncov/science/community-levels.html#anchor_47145
The CDC further advises, "People may choose to mask at any time. People with symptoms, a positive test or exposure to someone with COVID-19 should wear a mask."
https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html
Be Kind and Protect Each Other - Masking is Strongly Encouraged
Respecting the decisions of others, and recognition of their desire to wear a mask or forego a mask is important, particularly during this transition period; there are many reasons why an individual may choose to wear a mask.
COVID-19 transmission remains high in Lake County's communities. This is not the time to let our guard down. Take care of your neighbors. Protect each other, your families, and our communities. Masking is one protective measure in our COVID-19 toolbox. The use of masks is strongly encouraged as long as Lake County remains in the High Tier.
Recommended Action
Rescind Urgency Ordinance No. 3114 Requiring All Persons, Regardless of COVID-19
Vaccination Status, Wear Face Coverings in County Facilities
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: Jonathan Portney, Health Services Director
Subject: Consideration to Rescind Urgency Ordinance No. 3114 Requiring All Persons, Regardless of COVID-19 Vaccination Status, Wear Face Coverings in County Facilities
Executive Summary:
Unvaccinated/Vaccinated individuals are no longer required to wear masks in all public indoor settings in California. Instead, all individuals, regardless of vaccination status, are strongly recommended to continue indoor masking. Unless specifically exempt, all individuals remain required to mask in certain settings considered higher risk.
Based on CDPH and CDC guidance detailed below, our Public Health Officer, Dr. Erik McLaughlin recommends your Board rescind the ordinance requiring masking in County facilities. Instead, Dr. McLaughlin highly recommends masking in County facilities.
Masks are required for all individuals in the following indoor settings, regardless of vaccination status. Surgical masks or higher-level respirators (e.g., N95s, KN95s, KF94's) with good fit are highly recommended.
* Indoors in K-12 schools[6], childcare[7] (through March 11, 2022)*
* On public transit[5] (examples: airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares) and in transportation hubs (examples: airport, bus terminal, marina, train station, seaport or other port, subway station, or any other area that provides transportation)
* Emergency[8] shelters and cooling and heating centers[9]
* Healthcare settings[10] (applies to all healthcare settings, including those that are not covered by the State Health Officer Order issued on July 26, 2021)**
* State and local correctional facilities and detention centers[11]
* Homeless shelters[12]
* Long Term Care Settings & Adult and Senior Care Facilities[13]
Additionally, masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public).
The following individuals are exempt from wearing masks at all times:
* Persons younger than two years old. Very young children must not wear a mask because of the risk of suffocation.
* Persons with a medical condition, mental health condition, or disability that prevents wearing a mask. This includes persons with a medical condition for whom wearing a mask could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a mask without assistance.
* Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication.
* Persons for whom wearing a mask would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines.
CDPH is maintaining the masking requirements in specified high-risk settings, consistent with CDC recommendations. This allows us to continue protecting our most vulnerable populations and the workforce that delivers critical services in these settings.
CDPH is maintaining the requirement that businesses and venue operators, including K-12 school and childcare settings, must allow any individual to wear a mask if they desire to.
Businesses may still choose to require all patrons to wear masks, and are encouraged to continue providing information on recommended precautions; this is particularly important when community transmission is high. In workplaces, employers are subject to the CalOSHA COVID-19 Emergency Temporary Standards (ETS) or in some workplaces the Cal/OSHA Aerosol Transmissible Diseases (ATD) Standard and should consult those regulations for additional applicable requirements.
Important: Local health jurisdictions and entities may continue to implement additional requirements that go beyond this statewide guidance based on local circumstances.
Requirements and recommendations will continue to be updated as CDPH and Health Officers/Departments continue to assess conditions of their prospective populations on an ongoing basis.
New CDC Guidance Describes Three Tiers of Preventive Measures Based on "COVID-19 Community Levels"
Currently, Lake County is in the "High" category (Red Tier) of both the CDC's newly released guidelines on "COVID-19 Community Levels" and their "Community Transmission" metrics. More information is available here:
https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html
https://www.cdc.gov/coronavirus/2019-ncov/science/community-levels.html
https://covid.cdc.gov/covid-data-tracker/#county-view?list_select_state=California&data-type=Risk&list_select_county=6033
With Lake County in the CDC's High Tier, What Prevention Steps Should I Take?
As noted, precautions are strongly recommended by the CDC for Counties with high levels of current COVID risk:
- Wear a mask in indoor public settings (https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/masks.html)
- Get vaccinated and stay current with booster doses (https://www.cdc.gov/coronavirus/2019-ncov/vaccines/stay-up-to-date.html)
- Feeling sick? Get tested: https://www.cdc.gov/coronavirus/2019-ncov/testing/diagnostic-testing.html
- Additional precautions are recommended for people at high risk of severe illness: https://www.cdc.gov/coronavirus/2019-ncov/science/community-levels.html#anchor_47145
The CDC further advises, "People may choose to mask at any time. People with symptoms, a positive test or exposure to someone with COVID-19 should wear a mask."
https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html
Be Kind and Protect Each Other - Masking is Strongly Encouraged
Respecting the decisions of others, and recognition of their desire to wear a mask or forego a mask is important, particularly during this transition period; there are many reasons why an individual may choose to wear a mask.
COVID-19 transmission remains high in Lake County's communities. This is not the time to let our guard down. Take care of your neighbors. Protect each other, your families, and our communities. Masking is one protective measure in our COVID-19 toolbox. The use of masks is strongly encouraged as long as Lake County remains in the High Tier.
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:
Rescind Urgency Ordinance No. 3114 Requiring All Persons, Regardless of COVID-19
Vaccination Status, Wear Face Coverings in County Facilities
On motion of Supervisor Sabatier, and by vote of the Board, Rescinded Urgency Ordinance No. 3114 Requiring All Persons, Regardless of COVID-19 Vaccination Status, Wear Face Coverings in County Facilities. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Scott, Pyska, and Crandell
Absent- Supervisor: 1 - Simon
On motion of Supervisor Sabatier, and by vote of the Board, reopened the item for clarification. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Scott, Pyska, and Crandell
Absent- Supervisor: 1 - Simon
Clerk’s notes: Health Services Director Jonathan Portney introduced the item to the Board. Public Health Officer Erik McLaughlin presented the item to the Board. County Administrative Officer Carol Huchingson and County Counsel Anita Grant spoke.
Chair Crandell asked if anyone present wished and the following people spoke via Zoom: Carlos Bono, Julia Bono, Tom Slaight, and Kristina. No one else wished to speak and the public input portion of this item was closed.
6.39:30 A.M. - Consideration of Hearing on Account and Proposed Assessment for 12201 Widgeon Way, Clearlake Oaks, CA
Action Item
Motion carried
Carried 4-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: absent
Staff memo
Executive Summary
PROPERTY DESCRIPTION:
Property Owner: Property Address: APN:
Zoning:
Property Description:
Arecco, Guido B.
12201 Widgeon Way, Clearlake Oaks, CA 035-102-310
Rl, Single Family Residential District Vacant lot
Exhibit A - Property Map
ABATEMENT SUMMARY:
Pursuant to Lake County Code Chapter 13, Article VI, Section 13-42.1 :- Upon completion of the abatement, the Board shall hear and consider the account and proposed assessment, together with objections and protests thereto.
On August 9, 2022, based on complaints the property located at 12201 Widgeon Way, Clearlake Oaks, CA (property) was found to be in violation of the Lake County Code (LCC). A Notice of Nuisance and Order to Abate (NONOTA) was issued against the property citing the following violations:
� LCC Ch. 13, Article I, Sec 13-3.1 (e) (4)-Condition detrimental to public health or Safety
� LCC Ch. 13, Article I, Sec 13-3.1 (e) (5)- Use ofland contrary Ch. 13 or Ch. 21
� LCC Ch. 13, Article I, Sec 13-3.1 (e) (7)-Existence of garbage, rubbish, or refuse
� LCC Ch. 13, Article I, Sec 13-3.1 (e) (8)- Unsightly appearance or public nuisance
� LCC Ch. 13, Article I, Sec 13-3.1 (e) (13)- Inoperable, wrecked, or dismantled vehicles
� LCC Ch. 12, Article 10 - Storage in Violation of the Zoning Designation
The property is a vacant lot with a half circle driveway. An individual with no interest in the property was living in an RV and storing items in the half circle driveway.
Exhibit B - Site Photos
The property owner reflected on title is Guido B. Arecco (Arecco). All mailings were sent to Arecco, attention Care I Of Rosemary Cosso (Cosso). Code Enforcement received a letter from Cosso that included a copy of the NONOTA and a written message stating "Guido Arecco died Feb 2017. These lots now belong to the County. " The Lake County Coroner confirmed that Arecco is deceased and provided a working copy of the Certificate of Death, reflecting a date of death of 3/11/2017.
Due to the fact that was no legal responsible party able or willing to correct the violation(s), Code Enforcement moved forward with the abatement process.
On October 5, 2022, an inspection and abatement warrant was issued by a County of Lake Superior Court Judge.
On October 13, 2022, the abatement was conducted by and which Cook Construction demolished the RV (no identifiable information), removed five (5) tires, removed one (1) fridge, and removed one thousand, five hundred (1,500) pounds of scrap metal; Kelseyville Tow and Salvage towed the inoperable vehicle; and Action sanitary removed several five (5) gallon buckets of waste.
On October 15, 2021, compliance with the LCC was attained, the property was returned to its original state of a vacant lot.
Exhibit C - Post Abatement Site Photos
The costs of the abatement:
� Cook Construction - $3,100
� Kelseyville Tow and Salvage - $150.00
� Action Sanitary, Inc. - $150.00
Exhibit D - Invoices
Recommended Action
Staff recommends the Board of Supervisors confirm the assessment of $3,835.54, and direct staff to Record a Notice of Lien against the property. After recordation, it shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments. The cost of abatement services are $3,100 + $150.00 + $150.00 = $3,400. The administrative costs on this case amounted to $435.54.
Exhibit E - Task Sheet
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: Marcus Beltramo, Code Enforcement Manager
Subject: 9:30 A.M.- Consideration of Hearing on Account and Proposed Assessment for
12201 Widgeon Way, Clearlake Oaks, Ca
Executive Summary:
PROPERTY DESCRIPTION:
Property Owner: Property Address: APN:
Zoning:
Property Description:
Arecco, Guido B.
12201 Widgeon Way, Clearlake Oaks, CA 035-102-310
Rl, Single Family Residential District Vacant lot
Exhibit A - Property Map
ABATEMENT SUMMARY:
Pursuant to Lake County Code Chapter 13, Article VI, Section 13-42.1 :- Upon completion of the abatement, the Board shall hear and consider the account and proposed assessment, together with objections and protests thereto.
On August 9, 2022, based on complaints the property located at 12201 Widgeon Way, Clearlake Oaks, CA (property) was found to be in violation of the Lake County Code (LCC). A Notice of Nuisance and Order to Abate (NONOTA) was issued against the property citing the following violations:
� LCC Ch. 13, Article I, Sec 13-3.1 (e) (4)-Condition detrimental to public health or Safety
� LCC Ch. 13, Article I, Sec 13-3.1 (e) (5)- Use ofland contrary Ch. 13 or Ch. 21
� LCC Ch. 13, Article I, Sec 13-3.1 (e) (7)-Existence of garbage, rubbish, or refuse
� LCC Ch. 13, Article I, Sec 13-3.1 (e) (8)- Unsightly appearance or public nuisance
� LCC Ch. 13, Article I, Sec 13-3.1 (e) (13)- Inoperable, wrecked, or dismantled vehicles
� LCC Ch. 12, Article 10 - Storage in Violation of the Zoning Designation
The property is a vacant lot with a half circle driveway. An individual with no interest in the property was living in an RV and storing items in the half circle driveway.
Exhibit B - Site Photos
The property owner reflected on title is Guido B. Arecco (Arecco). All mailings were sent to Arecco, attention Care I Of Rosemary Cosso (Cosso). Code Enforcement received a letter from Cosso that included a copy of the NONOTA and a written message stating "Guido Arecco died Feb 2017. These lots now belong to the County. " The Lake County Coroner confirmed that Arecco is deceased and provided a working copy of the Certificate of Death, reflecting a date of death of 3/11/2017.
Due to the fact that was no legal responsible party able or willing to correct the violation(s), Code Enforcement moved forward with the abatement process.
On October 5, 2022, an inspection and abatement warrant was issued by a County of Lake Superior Court Judge.
On October 13, 2022, the abatement was conducted by and which Cook Construction demolished the RV (no identifiable information), removed five (5) tires, removed one (1) fridge, and removed one thousand, five hundred (1,500) pounds of scrap metal; Kelseyville Tow and Salvage towed the inoperable vehicle; and Action sanitary removed several five (5) gallon buckets of waste.
On October 15, 2021, compliance with the LCC was attained, the property was returned to its original state of a vacant lot.
Exhibit C - Post Abatement Site Photos
The costs of the abatement:
� Cook Construction - $3,100
� Kelseyville Tow and Salvage - $150.00
� Action Sanitary, Inc. - $150.00
Exhibit D - Invoices
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 the Board of Supervisors confirm the assessment of $3,835.54, and direct staff to Record a Notice of Lien against the property. After recordation, it shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments. The cost of abatement services are $3,100 + $150.00 + $150.00 = $3,400. The administrative costs on this case amounted to $435.54.
Exhibit E - Task Sheet
On motion of Supervisor Sabatier, and by vote of the Board, confirmed the assessment of $3,835.54, and directed staff to Record a Notice of Lien against the property. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Scott, Pyska, and Crandell
Absent- Supervisor: 1 - Simon
Clerk’s notes: All members of the hearing were sworn in under Oath by the Assistant Clerk of the Board Johanna DeLong. Code Enforcement Manager Marcus Beltramo presented the item to the Board. County Counsel Anita Grant spoke.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.49:45 A.M. - Presentation of Big Valley Groundwater Basin Sustainable Groundwater Management Act (SGMA) and Implementation
Report
Staff memo
Executive Summary
The Sustainable Groundwater Management Act (SGMA), adopted by the state of California in 2014, allows local agencies to better manage California's groundwater supplies over a long-term and sustainable manner. SGMA requires local agencies with medium or high priority 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, Big Valley Groundwater Basin (5-015). The Big Valley GSA developed and submitted the Big Valley GSP on January 31, 2022 where it is currently in a final Public comment Review Period headed by California's Department of Water Resources (DWR).
Marina Deligiannis, Water Resources Program Coordinator, will give a presentation on the Big Valley Groundwater Basin SGMA Implementation efforts to date and next steps.
The Big Valley GSP can be found on DWR's SGMA Portal via the following link: https://sgma.water.ca.gov/portal/gsp/preview/127
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: Marina Deligiannis, Deputy Water Resources Director / Lead, Big Valley Groundwater Sustainability Plan Advisory Committee
Subject: Presentation of Big Valley Groundwater Basin Sustainable Groundwater Management Act (SGMA) and Implementation
Executive Summary:
The Sustainable Groundwater Management Act (SGMA), adopted by the state of California in 2014, allows local agencies to better manage California's groundwater supplies over a long-term and sustainable manner. SGMA requires local agencies with medium or high priority 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, Big Valley Groundwater Basin (5-015). The Big Valley GSA developed and submitted the Big Valley GSP on January 31, 2022 where it is currently in a final Public comment Review Period headed by California's Department of Water Resources (DWR).
Marina Deligiannis, Water Resources Program Coordinator, will give a presentation on the Big Valley Groundwater Basin SGMA Implementation efforts to date and next steps.
The Big Valley GSP can be found on DWR's SGMA Portal via the following link: https://sgma.water.ca.gov/portal/gsp/preview/127
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:
Presentation Only.
Clerk’s notes: Deputy Water Resources Director Marina Deligiannis presented a PowerPoint Presentation 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.
6.510:00 A.M. - Consideration of Presentation from the Lake County Cannabis Alliance (LCCA)
Action Item
Staff memo
Executive Summary
On our March 1, 2022 agenda, I am requesting an opportunity for LCCA to make a presentation to our Board, to share their vision, priorities and challenges for our local cannabis industry. This will be an opportunity for an open dialog on the current state of the industry and what our collective goals might be for the future.
Recommended Action
Presentation only.
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: Jessica Pyska, District 5 Supervisor
Subject: Consideration of Presentation from the Lake County Cannabis Alliance (LCCA)
Executive Summary:
On our March 1, 2022 agenda, I am requesting an opportunity for LCCA to make a presentation to our Board, to share their vision, priorities and challenges for our local cannabis industry. This will be an opportunity for an open dialog on the current state of the industry and what our collective goals might be for the future.
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:
Presentation only.
Presentation Only.
Clerk’s notes: Supervisor Pyska introduced the item to the Board Anita. LCCA Representatives Erin McCarrick and Jenifer Smith presented a PowerPoint Presentation to the Board.
Chair Crandell asked if anyone present wished to speak and the following people present in the Board of Supervisors Chambers spoke: Chris Jennings, Tyler, Michael Donnigan, Michael Wagner, and Christina Biel. The following people spoke via Zoom: Blue Ryon, Nara Dahlbacka, and Julia Jacobson. 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 Resolution Authorizing State of California Cannabis Equity Funding
Action Item
Staff memo
Executive Summary
On January 28, 2022, the Governor's Office of Business and Economic Development (GO-Biz) announced its intent to award $1,941,121.72 after completing the review of the County's Cannabis Equity Grant application submitted in December. This is Type II funding to implement the Cannabis Local Equity Plan (LEP). It is eligible for use as direct grants to qualified cannabis related applicants and licensees. This is in addition to the $888,173.18 awarded last year, providing a total of $2,829,294.90 for program funding.
The majority of these funds can be used for assistance with application, licensing, and regulatory fees. The remainder can assist with costs associated with fixtures, equipment, capital improvements, and rent. Applicants must qualify under the LEP criteria, as well as demonstrate financial need.
Previously, your Board was advised the priority would be providing equity funding that could assist with the environmental review process. In the meantime, the State then authorized the Local Jurisdiction Assistance Grant Program, which the County successfully applied for and obtained funding for this same purpose. This funding has been made available to the Community Development Department. At this time, Staff intends to move forward with providing equity program applications, and then distribute funds with smaller cultivation sites being prioritized.
The State requires an authorizing resolution be submitted by March 15th. The authorizing Resolution is attached for your consideration.
Recommended Action
Approve the Resolution Authorizing State of California Cannabis Equity Funding, authorizing the chair to sign.
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Subject: Consideration of Resolution Authorizing State of California Cannabis Equity Funding
Executive Summary:
On January 28, 2022, the Governor's Office of Business and Economic Development (GO-Biz) announced its intent to award $1,941,121.72 after completing the review of the County's Cannabis Equity Grant application submitted in December. This is Type II funding to implement the Cannabis Local Equity Plan (LEP). It is eligible for use as direct grants to qualified cannabis related applicants and licensees. This is in addition to the $888,173.18 awarded last year, providing a total of $2,829,294.90 for program funding.
The majority of these funds can be used for assistance with application, licensing, and regulatory fees. The remainder can assist with costs associated with fixtures, equipment, capital improvements, and rent. Applicants must qualify under the LEP criteria, as well as demonstrate financial need.
Previously, your Board was advised the priority would be providing equity funding that could assist with the environmental review process. In the meantime, the State then authorized the Local Jurisdiction Assistance Grant Program, which the County successfully applied for and obtained funding for this same purpose. This funding has been made available to the Community Development Department. At this time, Staff intends to move forward with providing equity program applications, and then distribute funds with smaller cultivation sites being prioritized.
The State requires an authorizing resolution be submitted by March 15th. The authorizing Resolution is attached for your consideration.
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 the Resolution Authorizing State of California Cannabis Equity Funding, authorizing the chair to sign.
Supervisor Scott offered the resolution and it passed by roll call vote:
Ayes- Supervisors: 3 - Scott, Pyska, and Crandell
Nays- Supervisor: 1 - Sabatier
Absent- Supervisor: 1 - Simon
Clerk’s notes: County Administrative Officer Carol Huchingson introduced the item to the Board. Tax Administrator Patrick Sullivan presented the item to the Board.
Chair Crandell asked if anyone present wished to speak and the following people present in the Board of Supervisors Chambers spoke: Michael Wagner, Erin McCarrick, Richard Durham. The following person spoke via Zoom: Nara Dahlbacka. No one else wished to speak and the public input portion of this item was closed.
7.3Consideration of Cannabis Tax Reform Options
Action Item
Staff memo
Executive Summary
On January 25, 2022 your Board considered multiple topics related to cannabis taxes. Your Board provided direction to suspend the pending cannabis tax rate increases that would be implemented pursuant to the Consumer Price Index. Your Board provided further direction to postpone the cannabis tax payment due dates until May 15, 2022, and waive the applicable late payment penalties.
Your Board then directed staff to develop additional options for your Board to consider regarding potential cannabis tax reforms for the 2022 calendar year.
At this time, if your Board were to take no further action, the 2022 taxable cultivation area is the currently approved 13,668,227 square feet. This figure is always subject to change, as each year projects may decide to opt out of cultivation entirely or reduce the amount square feet they actually utilize. There also continue to be pending projects approved as the year goes on, which may increase the amount of taxable cultivation area. There is not sufficient data at this time to project what impact these factors may have, so the following analysis will be based on what is presently approved.
Staff proposes your Board consider the following options:
1) Change Taxable Area from "Cultivation Area" to "Canopy Area" (for an Approximate 15% Tax Reduction)
There have been requests from the industry to consider a change from cultivation area to canopy area. This would change the taxable area for cannabis cultivation in the currently approved projects to 11,870,016 sq ft, an approximate 15% reduction. This action would offer an immediate tax reduction to sites where the canopy area is less than the cultivation area, and even for those sites where a difference may be non-existent or negligible it allows for more flexibility in their operational practices without incurring an increased tax liability.
2) Extend Due Dates for Cultivation Tax
The 2nd installment of 2021 cultivation tax was previously extended by your Board to May 15th. There have been bills introduced at the legislature which will eliminate the State's cultivation tax, which represents the primary tax burden on cannabis cultivators. Staff would recommend extending the May 15th due date to October 30th, in order to take advantage of relief that would likely be implemented at the State level.
The standard due dates for the cultivation taxes going forward, beginning with 2022 cultivation, could then be set for January 1st, delinquent after January 30th, and May 1st, delinquent after May 30th. This would ensure that no taxes are due until the year following cultivation activity.
3) Temporarily Reduce Cultivation Tax Rate by 50% for Cultivation in 2022, and 25% for Cultivation in 2023
The cannabis cultivation tax could be reduced by 50% for activity in 2022, with that bill not being payable until 2023. The 2023 tax bill could be reduced by 25%, with that bill not being payable until 2024.
This combination of measures could provide relief to the cannabis industry during the continued transition period following legalization. Setting later due dates would ensure that cultivators would not owe taxes for their 2022 operations until next year. The change to canopy provides a 15% tax reduction in the aggregate, which is then compounded by the 50% reduction the first year and the 25% reduction in the second year. During these periods, the Cannabis Equity Grant funds can be disbursed to help some of those cultivators who are in the most need of assistance.
Most importantly, the measures above provide time for the proposed legislation at the State level to be implemented. The State's tax can represent upwards of 80% of the cultivation tax burden impacting our local cultivators. One of the other primary concerns conveyed to staff has been the lack of retail outlets for cannabis products, which has already been recognized as a priority for action by the State and is expected to be addressed during this period.
Should your Board choose to implement these options there would be an impact on further cannabis related spending during the years indicated above, as it would both delay and reduce the receipt of revenue. This proposal represents an effort to balance the need to provide short-term stabilization to the local cannabis industry while minimizing the impact any loss of tax revenue would have on existing funding obligations. There will be further information provided on financial impacts in the presentation.
Recommended Action
Provide direction to staff.
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Subject: Consideration of Cannabis Tax Reform Options
Executive Summary:
On January 25, 2022 your Board considered multiple topics related to cannabis taxes. Your Board provided direction to suspend the pending cannabis tax rate increases that would be implemented pursuant to the Consumer Price Index. Your Board provided further direction to postpone the cannabis tax payment due dates until May 15, 2022, and waive the applicable late payment penalties.
Your Board then directed staff to develop additional options for your Board to consider regarding potential cannabis tax reforms for the 2022 calendar year.
At this time, if your Board were to take no further action, the 2022 taxable cultivation area is the currently approved 13,668,227 square feet. This figure is always subject to change, as each year projects may decide to opt out of cultivation entirely or reduce the amount square feet they actually utilize. There also continue to be pending projects approved as the year goes on, which may increase the amount of taxable cultivation area. There is not sufficient data at this time to project what impact these factors may have, so the following analysis will be based on what is presently approved.
Staff proposes your Board consider the following options:
1) Change Taxable Area from "Cultivation Area" to "Canopy Area" (for an Approximate 15% Tax Reduction)
There have been requests from the industry to consider a change from cultivation area to canopy area. This would change the taxable area for cannabis cultivation in the currently approved projects to 11,870,016 sq ft, an approximate 15% reduction. This action would offer an immediate tax reduction to sites where the canopy area is less than the cultivation area, and even for those sites where a difference may be non-existent or negligible it allows for more flexibility in their operational practices without incurring an increased tax liability.
2) Extend Due Dates for Cultivation Tax
The 2nd installment of 2021 cultivation tax was previously extended by your Board to May 15th. There have been bills introduced at the legislature which will eliminate the State's cultivation tax, which represents the primary tax burden on cannabis cultivators. Staff would recommend extending the May 15th due date to October 30th, in order to take advantage of relief that would likely be implemented at the State level.
The standard due dates for the cultivation taxes going forward, beginning with 2022 cultivation, could then be set for January 1st, delinquent after January 30th, and May 1st, delinquent after May 30th. This would ensure that no taxes are due until the year following cultivation activity.
3) Temporarily Reduce Cultivation Tax Rate by 50% for Cultivation in 2022, and 25% for Cultivation in 2023
The cannabis cultivation tax could be reduced by 50% for activity in 2022, with that bill not being payable until 2023. The 2023 tax bill could be reduced by 25%, with that bill not being payable until 2024.
This combination of measures could provide relief to the cannabis industry during the continued transition period following legalization. Setting later due dates would ensure that cultivators would not owe taxes for their 2022 operations until next year. The change to canopy provides a 15% tax reduction in the aggregate, which is then compounded by the 50% reduction the first year and the 25% reduction in the second year. During these periods, the Cannabis Equity Grant funds can be disbursed to help some of those cultivators who are in the most need of assistance.
Most importantly, the measures above provide time for the proposed legislation at the State level to be implemented. The State's tax can represent upwards of 80% of the cultivation tax burden impacting our local cultivators. One of the other primary concerns conveyed to staff has been the lack of retail outlets for cannabis products, which has already been recognized as a priority for action by the State and is expected to be addressed during this period.
Should your Board choose to implement these options there would be an impact on further cannabis related spending during the years indicated above, as it would both delay and reduce the receipt of revenue. This proposal represents an effort to balance the need to provide short-term stabilization to the local cannabis industry while minimizing the impact any loss of tax revenue would have on existing funding obligations. There will be further information provided on financial impacts in the presentation.
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: Provide direction to staff.
Direction was given to staff to bring back an action item whereby the Board can make a decision on canopy and come back with recommendations on the tax payment dates at a meeting at the end of April 2022.
Clerk’s notes: County Administrative Officer Carol Huchingson introduced the item to the Board. Tax Administrator Patrick Sullivan presented the item to the Board. Deputy County Administrative Officer Stephen Carter and County Counsel Anita Grant spoke.
Chair Crandell asked if anyone present wished to speak and the following people present in the Board of Supervisors Chambers spoke: Richard Derum, Kristen, Erin McCarrick, Jennifer Smith, Christina, and Michael Wagner. The following people spoke via Zoom: Nara Dahlbacka, Michael Colbruno, Damien Ramirez, Michael Donnigan, Kristen, and Tyler. No one else wished to speak and the public input portion of this item was closed.
7.4a) Discussion and possible renegotiations of certain provisions of agreement approved on September 28, 2021 with RCHDC b) Discussion and direction on audit for financial activity regarding loan and loan forgiveness regarding Collier Avenue project
Action Item
Staff memo
Executive Summary
a) This is a discussion regarding item 6.12 from the Lake County Board of Supervisors agenda dated September 28, 2021. Please review the below links for all attachments and considerations.
Agenda: https://countyoflake.legistar.com/View.ashx?M=A&ID=817938&GUID=9E8127A3-0BE3-42AD-B720-ACA99E4E441B
Item 6.12 Memo: http://countyoflake.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=12028
In light of information that I have obtained in the last few months since its approval in September, I am requesting that we discuss the agreement and possibly request for staff to renegotiate the agreement with RCHDC regarding the Collier Avenue project. The Collier Avenue housing project is an important project for the County of Lake making it important that the agreement is negotiated properly, especially with regards to the loan forgiveness.
b) If renegotiations are requested by the Board of Supervisors, I would like to discuss the possibility of an audit on the financial activities regarding the loan, from the beginning of 2005, and its loan forgiveness, that was approved on September 28, 2021.
Not applicable
Recommended Action
a) Renegotiate the provisions of agreement approved on September 28, 2021 with RCHDC, b) Give staff direction regarding an audit of the finances regarding the Collier Avenue Project
or
a) No action taken
Original memo text
Memorandum
Date: March 1, 2022
To: The Honorable Lake County Board of Supervisors
From: Bruno Sabatier, District 2 Supervisor
Subject: a) Discussion and possible renegotiations of certain provisions of agreement approved on September 28, 2021 with RCHDC b) Discussion and direction on audit for financial activity regarding loan and loan forgiveness regarding Collier Avenue project
Executive Summary:
a) This is a discussion regarding item 6.12 from the Lake County Board of Supervisors agenda dated September 28, 2021. Please review the below links for all attachments and considerations.
Agenda: https://countyoflake.legistar.com/View.ashx?M=A&ID=817938&GUID=9E8127A3-0BE3-42AD-B720-ACA99E4E441B
Item 6.12 Memo: http://countyoflake.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=12028
In light of information that I have obtained in the last few months since its approval in September, I am requesting that we discuss the agreement and possibly request for staff to renegotiate the agreement with RCHDC regarding the Collier Avenue project. The Collier Avenue housing project is an important project for the County of Lake making it important that the agreement is negotiated properly, especially with regards to the loan forgiveness.
b) If renegotiations are requested by the Board of Supervisors, I would like to discuss the possibility of an audit on the financial activities regarding the loan, from the beginning of 2005, and its loan forgiveness, that was approved on September 28, 2021.
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:
a) Renegotiate the provisions of agreement approved on September 28, 2021 with RCHDC, b) Give staff direction regarding an audit of the finances regarding the Collier Avenue Project
or
a) No action taken
No action taken.
Clerk’s notes: Supervisor Sabatier presented the item to the Board. County Counsel Anita Grant and 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.
7.5Discussion of Interest Apportionment with the Treasurer – Tax Collector
Action Item
Staff memo
Executive Summary
On February 8, 2022, our Board received a Report of Lake County Pooled Investments. During that presentation, the Treasurer - Tax Collector advised that she had been working to complete the apportionment of interest earnings for the following:
* 4th quarter of fiscal year 2020-2021 - Due July 15, 2021
* 1st quarter of fiscal year 2021-2022 - Due October 15, 2021
* 2nd quarter of fiscal year 2021-2022 - Due January 15, 2021
Based on that discussion, she anticipated that she would need 2 to 3 weeks to complete the process.
At that time, our Board requested that it be provided an update on the status. It is my understanding that this process has not yet been completed. This agenda item has been requested both to provide the Treasurer - Tax Collector with an opportunity to report out on the progress, as well as inquire as to whether there are any actions our Board could take to provide additional support or resources to assist with completing the apportionment of interest earnings from previous quarters and how to ensure that future allocations are completed promptly.
Recommended Action
Provide possible direction to staff.
Original memo text
Memorandum
Date: March 8, 2022
To: The Honorable Lake County Board of Supervisors
From: Bruno Sabatier, District 2
Subject: Discussion of Interest Apportionment with the Treasurer - Tax Collector
Executive Summary:
On February 8, 2022, our Board received a Report of Lake County Pooled Investments. During that presentation, the Treasurer - Tax Collector advised that she had been working to complete the apportionment of interest earnings for the following:
* 4th quarter of fiscal year 2020-2021 - Due July 15, 2021
* 1st quarter of fiscal year 2021-2022 - Due October 15, 2021
* 2nd quarter of fiscal year 2021-2022 - Due January 15, 2021
Based on that discussion, she anticipated that she would need 2 to 3 weeks to complete the process.
At that time, our Board requested that it be provided an update on the status. It is my understanding that this process has not yet been completed. This agenda item has been requested both to provide the Treasurer - Tax Collector with an opportunity to report out on the progress, as well as inquire as to whether there are any actions our Board could take to provide additional support or resources to assist with completing the apportionment of interest earnings from previous quarters and how to ensure that future allocations are completed promptly.
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: Provide possible direction to staff.
This item was continued to the April 19, 2022 Board of Supervisors Meeting.
Clerk’s notes: Supervisor Sabatier presented the item to the Board. Treasurer-Tax Collector Barbara Ringen and 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.
8. Closed Session
8.1Public Employee Evaluation:
Title: Health Services Director
Closed Session Item
8.2Public Employee Evaluation:
Title: Public Health Officer
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 5:22 p.m. having taken no action.