The meeting will begin at 9 a.m. Tuesday, Aug. 4.
The supervisors will meet in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport, for a hybrid meeting format which also will include the opportunity for community members to continue to participate virtually.
The meeting can be watched live on Channel 8, online at https://countyoflake.legistar.com/Calendar.aspx and on the county’s Facebook page. Accompanying board documents, the agenda and archived board meeting videos also are available at that link.
To participate in real-time, join the Zoom meeting by clicking this link at 9 a.m. The meeting ID is 944 4498 5303, password 307043.
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.
At 9:02 a.m. Public Health Officer Dr. Gary Pace will give the board his weekly COVID-19 update.
At 10:30 a.m., the supervisors will consider a proposed urgency ordinance that would implement administrative fines for those who refuse to follow the guidance in county health orders.
While the ordinance speaks generally of following health orders and measures to protect public health and safety, its opening section refers specifically to a June 25 report by the Institute for Health Metrics and Evaluation at the University of Washington in Seattle, which stated that its work supports “the growing scientific consensus that cloth face masks can reduce respiratory virus infections by 33% and slow community spread of COVID -19.”
In June, the board had considered an ordinance to enforce compliance but had failed to get the required votes. Urgency ordinances must have the support from at least four of the five board members to go into effect.
This newly proposed urgency ordinance differs from the previous one in that it designates the Public Health Department as primarily responsible for training and assistance, allowing the hiring of temporary staff or use of other county employees. The ordinance that failed to pass in June had specifically authorized the use of Code Enforcement officers to assist Public Health in the effort.
The two documents are similar in that both allowed for administrative penalties for noncompliance, with the fine structure relying on amounts set for infractions in state government code.
Supervisor EJ Crandell, in his memorandum to the board, explained that he has been working with the COVID-19 Blue Collar Committee – a group made up primarily of several local business owners and representatives – to prepare the ordinance.
“As we are all aware, while our own local metrics have been manageable to date, Lake County is now nearly surrounded by counties who are on the state ‘monitoring’ list, having lost local control with respect to opening/reopening of businesses during the COVID-19 crisis and severely impacting the local economies in those areas. Once a County reaches this status, affected local businesses may not reopen until the State Health Officer authorizes reopening,” Crandell wrote.”
He continued, “The vast majority of our local businesses and agencies are diligently complying with Public Health Orders and studies now show that the use of facial coverings can significantly reduce respiratory virus infections and slow community spread of COVID-19. When facial coverings are not used, there is increased potential for the State’s renewed curtailment of local business operations and thus, some level of enforcement for egregious, repeated incidents of non-compliance is needed.”
However, the draft document initially posted on the county’s website Friday with the agenda is not the document proposed by the Blue Collar Committee. Rather, it is significantly different; the Blue Collar Committee’s document is not an urgency ordinance and doesn’t include fines and some of the other more punitive measures proposed in the document prepared by staff.
On Friday, Crandell sent an email to Blue Collar Committee members reporting that its proposed ordinance had not been posted to the county’s website but that he has asked for staff to post it, which it later was. He also explained that he wasn’t trying to pass off the urgency ordinance as the nonurgency ordinance.
The urgency ordinance that Crandell is asking the board to approve states, “The Board hereby establishes that the County Public Health Department shall offer training, information, and other assistance to local businesses and members of the public as necessary in order to foster compliance with Public Health Orders and the County’s reopening plan. Additional qualified employees may be hired temporarily if necessary. Additionally, qualified existing County Employees not presently able to return to work shall be given the opportunity to perform such work on behalf of the Public Health Department under the direction of the Public Health Officer. The cost of all employees dedicated to this effort shall be funded with state and federal dollars allocated for this purpose and shall not impact the County General Fund.”
It goes on to state, “In those rare instances where members of the public and/or local businesses repeatedly reject offers of assistance and refuse to take corrective action to attain compliance with state and local public health orders and the County’s reopening plan, a Notice of Violation may be issued by the Public Health Officer or his designee. Examples of violations include, but are not limited to: (1) a business operating when that business sector has been ordered closed, (2) failure to adhere to masking requirements, (3) failure to adhere to social distancing requirements, or (4) failure to adhere to mandated hygiene requirements.”
The proposed ordinance gives the Public Health officer “the authority to take appropriate action to gain compliance with the provisions of this Ordinance. Said authority and powers include the power to issue Notices of Violation and the power to enter and inspect public and private Property.”
It authorizes the Public Health officer and the officer’s designees to enter properties or premises to ascertain if there are violations of the ordinance or local or state health orders, as well as the county’s reopening plan.
“All such inquiries shall be made in a reasonable manner. If the property owner or other responsible person, as that phrase is defined in Chapter 13 of the Lake County Code, refuses permission to enter or inspect, the Public Health officer may seek an administrative inspection warrant pursuit [sic] to the California Code of Civil Procedure,” the document explains.
In the followup section on notice of violation, the ordinance explains, “Upon determining that a violation exists and that correction efforts have been made but were unsuccessful, the Public Health Officer may issue to the person committing said violation a Notice of Violation and Order to Correct. Said notice may be made by personal service or by mail.”
The ordinance requires corrective action during a specified time period “of not less than 10 days from the receipt” of the notice, although the Public Health officer may require immediate correction “if the violation creates an immediate danger to the health and safety of a person or persons.”
Those who fail to ultimately take corrective action may be subject to the maximum amounts for infractions set forth in California Government Code section 25132 and other applicable fines and penalties pursuant to State and local law.
Government Code section 25132 says that fines for infraction violations may not exceed $100 on the first violation, $200 on the second violation of the same ordinance within one year of the first violation and $500 for each additional violation of the same ordinance within one year of the first violation.
Additionally, the ordinance provides for imposing administrative fines in “egregious circumstances,” which are defined as those which create “a significant risk to public health.”
“Egregious circumstances creating a significant risk to public health include violations which occur in groups of more than ten (10) people, violations which expose patrons to prolonged indoor interactions without adherence to masking requirements where social distancing is not practiced, and violations which occur under conditions deemed by the Public Health Officer or his designee to already be unsanitary and a risk to public health,” the ordinance states.
“Any person violating this Ordinance under circumstances determined by the Public Health Officer to be egregious, where there has been repeated attempts by the Public Health Officer and/or his designee to offer assistance and no corrective action has been taken, may be subject to the imposition of administrative fines as established by this Ordinance in amounts no greater than set forth in Government Code section 25132.”
In other business on Tuesday, at 11 a.m., the board will hold the second reading to consider an ordinance establishing regulations and development standards for the Guenoc Valley Zoning District. The board gave initial approval of most of the aspects of the massive resort and residential project at its meeting two weeks ago.
In an untimed item, the board will consider a resolution amending Resolution No. 2018-118, which established temporary alternative office hours for county offices located in and surrounding the Lake County Courthouse.
Staff is seeking the board’s approval of the continuation of closures to the public on Fridays from Aug. 7 to Dec. 31.
The full agenda follows.
CONSENT AGENDA
5.1: Approve Budget Transfer for Budget Unit 2711 – Animal Medical Clinic from account 727.28-30 Special Services to 727.38-00 Inventory Items for new capital asset in the amount of $5,396.93 to purchase an animal medical clinic autoclave and authorize the chair to sign.
5.2: Approve Leave of Absence with pay for Crisis Supervisor Melissa Mathis from August 31, 2020 through August 27, 2021, to attend Education and Training per County personnel policy sections 1507 and 1508.
5.3: Adopt resolution amending Resolution No. 2020-72 establishing position allocations for Fiscal Year 2020-2021, Budget Unit No. 2110, District Attorney.
5.4: Approve amendment to the agreement between the county of Lake and County of Yuba on behalf of Yuba-Sutter-Colusa Tri-County Regional Juvenile Rehabilitation Facility Maxine Singer Youth Guidance Center, youth housing agreement for an amount not to exceed $48,000 per county fiscal year.
5.5: Adopt resolution authorizing the Public Services director to sign the notice of completion for work performed under agreement dated May 21, 2019 for the South Shore Behavioral Health Roof Project, Bid No 18-14.
5.6: Approve Budget Transfer in Budget Unit 7011 from Object Code 18.00 Maintenance and Improvements to Object Code 63.12 Park Improvements for $31,000 for LED pole lighting at the Lucerne Harbor Park.
5.7: Approve contract between county of Lake and Fiscal Experts Inc. for Time Study Buddy services in the amount of $33,120 per Fiscal Year for July 1, 2020, to June 30, 2023, and authorize the chair to sign.
TIMED ITEMS
6.1, 9:01 a.m.: Public input.
6.2, 9:02 a.m.: Consideration of update on COVID-19.
6.3, 9:30 a.m.: Consideration of a resolution amending the master fee schedule for departmental services rendered by the county.
6.4, 10 a.m.: Consideration of resolution authorizing a joint application by the county of Lake and Adventist Health for the California Department of Housing and Community Development Homekey Grant Program.
6.5, 10:30 a.m.: (a) Consideration of an urgency ordinance of the Lake County Board of Supervisors to provide for compliance with state and local public health orders, to assist local businesses and members of the public during the continuing public health emergency, and to adopt administrative fines for violations of public health orders in egregious cases, and (b) discussion of an ordinance amending the Lake County Code to provide for compliance with state and local public health orders, with direction to staff.
6.6, 11 a.m.: Second reading, consideration of an ordinance establishing regulations and development standards for the Guenoc Valley Zoning District or GVD District.
UNTIMED ITEMS
7.2: Consideration of an ordinance amending Articles 27 and 68 of Chapter 21 of the Lake County Code to clarify the definition of public lands in regard to commercial cannabis cultivation.
7.3: Consideration of a resolution amending Resolution No. 2018-118 establishing temporary alternative office hours for county offices located in and surrounding the Lake County Courthouse or alternative direction to staff.
7.4: Consideration of the following appointment: Cobb Municipal Advisory Council.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
Covid Urgency Ordinance Draft Final Form 080420 by LakeCoNews on Scribd