Board Of Supervisors — Tuesday, December 13, 2016

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: December 9, 2016 SUBJECT: Consideration of Approval of Contract Change Order No. 3 for Lake County Fire Damage Sign Replacement Project, Bid No. 15-16, for an increase of $192.87 and a New Contract Amount of $107,649.90; and authorize Chair to sign EXECUTIVE SUMMARY: Attached for the Board's review and approval is Contract Change Order (CCO) 3 for the subject project. CCO 3 balances all contract items to reflect actual final in-place quantities. CCO 3 results in an increase of $192.87 to the current revised contract amount of $107,457.03. This project is currently funded by FEMA and FHWA. Staff recommends approval by the Board of Supervisors of CCO 3 and that the Board authorize the Chair to execute said CCO for an increase $192.87 and a revised contract amount of $107,649.90. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: $192.87 Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends approval by the Board of Supervisors of CCO 3 and that the Board authorize the Chair to execute said CCO for an increase $192.87 and a revised contract amount of $107,649.90.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, County Administrative Officer DATE: December 13, 2016 SUBJECT: Adopt Resolution Amending Resolution No. 2016-144 to Amend the FY 2016-17 Adopted Budget by Adjusting Revenues and Appropriations in Budget Unit 9919 - Public Liability EXECUTIVE SUMMARY: Your Board recently authorized the acceptance of a loan from CSAC-EIA that will assist in funding defense costs related to Lakeside Heights. The loan has now been funded and since this funding was not anticipated in the budget, it needs to be appropriated by resolution. Passage of this resolution is necessary to appropriate the unanticipated revenue. Consequently, staff recommends its approval. FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): None STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Adopt Resolution Amending Resolution No. 2016-144 to Amend the FY 2016-17 Adopted Budget by Adjusting Revenues and Appropriations in Budget Unit 9919 - Public Liability

MEMORANDUM TO: Honorable Board of Supervisors FROM: Lars Ewing, Public Services Director SUBJECT: (a) Waive the formal bidding process, per Ordinance #3043, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve Agreement Between the County of Lake and SCS Environmental Consultants in the amount of $55,000 for the Landfill Gas Collection System, Operation, Monitoring, Maintenance and Reporting Services in Lake County, CA; and authorize the Chair to sign DATE: November 29, 2016 EXECUTIVE SUMMARY: Enclosed for your Board's consideration, please find an agreement between the County of Lake and SCS Field Services to operate, monitor and maintain the landfill gas collection system, extraction wells, probes and structure monitoring, at the Eastlake Sanitary Landfill. The scope of work is based on the permit requirements issued by the Lake County Air Quality Management District (LCAQMD) and Landfill Methane Rule (LMR) requirements for the Eastlake landfill. The enclosed agreement is through June 30, 2017. Staff is recommending that the Board of Supervisors waive the County policy for the selection of professional consultants and other contract service providers to allow for the sole source selection of SCS Field Services because they have been the County's contractor for the Eastlake Landfill gas collection system since construction in 2014 and therefore are uniquely and intimately familiar with the system. FISCAL IMPACT: __ None _ Budgeted __Non-Budgeted Estimated Cost: $55,000.00 Amount Budgeted: $55,000.00 Additional Requested: 0 Annual Cost (if planned for future years): N/A RECOMMENDED ACTION: Staff recommends that the Board of Supervisors (a) Waive the formal bidding process, per Ordinance #3043, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve Agreement Between the County of Lake and SCS Environmental Consultants in the amount of $55,000 for the Landfill Gas Collection System, Operation, Monitoring, Maintenance and Reporting Services in Lake County, CA; and authorize the Chair to sign

MEMORANDUM TO: Board of Supervisors FROM: Lars Ewing, Public Services Director SUBJECT: Approve lease agreement between the County of Lake and Suburban Propane for the property located at 7200 South Center Drive, Clearlake, Ca. in the amount of $1,000 per month for use as a temporary parks maintenance operations facility; and authorize the Chair to sign. DATE: December 1, 2016 EXECUTIVE SUMMARY: As the Board is aware, the Public Services Department's parks maintenance shop in Lower Lake was a complete loss in the Clayton Fire. Fortunately the facility was insured and it is staff's intent to rebuild a new shop at the same location using insurance proceeds. In the meantime the department has had the opportunity to secure a temporary location with Suburban Propane for the use of their building and parking area located at 7200 South Center Drive in Clearlake as a temporary parks maintenance facility. Payment for the lease is included in the County's insurance coverage. RECOMMENDED ACTION: Staff requests that the Board of Supervisors approve lease agreement between the County of Lake and Suburban Propane for the property located at 7200 South Center Drive, Clearlake, Ca. in the amount of $1,000 per month for use as a temporary parks maintenance operations facility; and authorize the Chair to sign.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: November 22, 2016 SUBJECT: Adopt Resolution Approving and Accepting Final Parcel Map Harrell PM 15-04 and authorize the Chair to sign EXECUTIVE SUMMARY: The subject Final Parcel Map is being presented to the Board of Supervisors for acceptance and approval. This Parcel Map consists of two (2) parcels, the areas being 2.24 and 1.48 acres in size. The properties are located along Stone Drive in the town of Finley. The current Assessor's Parcel Nos. are 008-021-39 and 008-021-47. The addresses are 3463 and 3447 Stone Drive, Finley. The accompanying resolution will approve and accept subject Final Parcel Map, and will also accept the irrevocable offers of dedication of the roadway and public utility easement as shown on said map, along Stone Drive as well as the public utility easement as shown on said map. Stone Drive is currently a County-maintained road so the additional right-of-way will be accepted into the County-maintained Road System. Water to these newly created parcels will be provided by CSA#6 Finley Water, and sewage disposal will be provided by approved individual septic systems. Your favorable consideration of this resolution will facilitate the final action of subject Parcel Map prior to recording. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Adopt Resolution Approving and Accepting Final Parcel Map Harrell PM 15-04 and authorize the Chair to sign

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: November 29, 2016 SUBJECT: Adopt Resolution Approving Indemnification Agreement between the County of Lake and Regina Legoski to provide temporary access over a portion of Assessor Parcel Nos.03-047-05 and -3-047-07; and authorizing the Public Works Director to sign future agreements with the same terms and conditions on behalf of the County. EXECUTIVE SUMMARY: As your Board is aware, in past winters the County of Lake has had to gain emergency access through private property, owned by Regina Legoski, because of flooding on Scotts Valley and Eickhoff Roads. With another winter upon us, it is possible that Scotts Valley Road and Eickhoff Road may flood once again requiring emergency vehicles and those trying to gain access to their homes in the area to pass over a portion of Regina Legoski's property due to said County roads being impassable. Staff recommends that the Board of Supervisors adopt the attached resolution approving the 2016 indemnification agreement between Regina Legoski and the County of Lake and authorizing the Chair to sign this Agreement and for the sake of immediacy and efficiency authorize the Public Works Director to sign any such future agreements on behalf of the County for emergency access to the subject property. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends that the Board of Supervisors Adopt Resolution Approving Indemnification Agreement between the County of Lake and Regina Legoski to provide temporary access over a portion of Assessor Parcel Nos.03-047-05 and -3-047-07; and authorizing the Public Works Director to sign future agreements with the same terms and conditions on behalf of the County.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: December 13, 2016 SUBJECT: Approve Amendment Two to Agreement between the County of Lake and The Hanna Group for Construction Management Services for Mathews Road at Manning Creek Bridge Replacement Project in the amount of $70,582.69, for a new total of $306,264.41; and authorize the Chair to sign. EXECUTIVE SUMMARY: On June 28, 2016, the Department of Public Works entered into an agreement with The Hanna Group (THG) for construction management services for the replacement of Mathews Road Bridge at Manning Creek (14C-0082). The Agreement was modified by Amendment One to provide for the cost of Gamma-Gamma Logging test. Delayed construction authorization by Caltrans resulted in a late start by the Contractor. The Contractor elected to accelerate the construction schedule and work longer weekdays and Saturdays in order to meet the October 15th deadline to complete all in-channel activities. Consequently, additional effort has been needed by THG to provide the required level of inspection so as to avoid causing delays in the Contractor's activities. Staff has received concurrence from Caltrans on the additional cost of THG's services. Amendment Two provides for the cost of additional inspection services and increases the contract amount by $70,582.69 to a new not-to-exceed total of $306,264.41. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects such as this project. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. Therefore, this project is 100% funded, through construction, with state and federal funds. Staff recommends that the Board of Supervisors approve Amendment Two to the Agreement for Construction Management Services for Mathews Road at Manning Creek with The Hanna Group in the amount not to exceed $306,264.41 and authorize the Chairman to execute said Amendment. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $70,582.69 Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects such as this project. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. Therefore, this project is 100% funded, through construction, with state and federal funds. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends that the Board of Supervisors Approve Amendment Two to Agreement between the County of Lake and The Hanna Group for Construction Management Services for Mathews Road at Manning Creek Bridge Replacement Project in the amount of $70,582.69, for a new total of $306,264.41; and authorize the Chair to sign.

..Title ..Body MEMORANDUM TO: Board of Directors, Lake County Watershed Protection District FROM: Scott De Leon, Water Resources Director DATE: December 1, 2016 SUBJECT: Approval of Contract between the County of Lake and Oscar Larson & Associates for a Feasibility Study for Electronic Boat Ramp Gates at Public Access Sites on Clear Lake, CA EXECUTIVE SUMMARY: On May 17, 2016, your Board approved an application for funding to the State of California Parks and Recreation, Division of Boating and Waterways, Quagga/Zebra Mussel Infestation Prevention Fee Grant Program for a feasibility study for boat ramp gates at eight public access sites around Clear Lake. Funding was approved and the Lake County Watershed Protection District issued a Request for Proposals (RFP) for the study. In response to the RFP, proposals were received from two consulting companies: ADKO, and Oscar Larson & Associates. A consultant selection panel reviewed the proposals in accordance with the County of Lake policy for review and selection of professional consultants and selected Oscar Larson & Associates as the most qualified company. The contract amount is $171,140.51. The District will receive a total of $171,140.51 grant funds and will expend $7,832.40 as match. Staff recommends that the Board of Directors approve the contract with Oscar Larson & Associates for the Feasibility Study for Electronic Boat Ramp Gates at Public Access Sites on Clear Lake, CA in the amount not to exceed $171,140.51 and authorize the Chairman to execute said contract. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends that the Board of Directors approve the contract with Oscar Larson & Associates for the Feasibility Study for Electronic Boat Ramp Gates at Public Access Sites on Clear Lake, CA in the amount not to exceed $171,140.51 and authorize the Chairman to execute said contract.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Robert Massarelli, Community Development Director By Keith Gronendyke, Associate Planner SUBJECT: (Continued from September 13, 2016, August 23, 2016, July 26, 2016 and June 28, 2016) Verizon Wireless Appeal (AB 16-01) of denial of Use Permit (15-10) Supervisorial District 4 DATE: June 8, 2016 EXHIBITS: A. Appeal Form and attached documents B. Planning Commission Staff Report Dated December 3, 2015 C. Planning Commission meeting minutes from January 14, 2016. D. Revised documents submitted by applicant. E. Correspondence from surrounding property owners. I. BACKGROUND The applicant is appealing the decision by the Planning Commission on January 14, 2016 to deny an application for a Major Use Permit to construct a new seventy-five foot tall monopole cellular antenna disguised as an evergreen tree for the purpose of increasing cell carrier capacity in the Kelseyville area. Twelve eight foot high panel type antennae, two six-foot diameter microwave dishes and assorted required equipment would be mounted on the mono-tree antenna, while various ground based equipment would be located at the base of the antenna tower including four equipment cabinets, a 30 KW diesel powered electrical generator and a 132 gallon diesel fuel tank. A six-foot tall chain link fence with privacy slats and topped by barbed wire would surround the 2,500 square foot lease area. Access to the site would be from a twenty-foot wide non-exclusive access easement located off of Staheli Drive. As required by Article 71 of the Zoning Ordinance, the applicant has made provisions for future co-location from other cellular communication companies on the proposed mono-tree. II. APPEAL DISCUSSION The appeal to the above noted denial of Use Permit UP 15-10 was filed on January 20, 2016, by Andrew Lesa of Epic Wireless Group for Verizon Wireless. Along with the appeal form, Mr. Lesa attached verbiage detailing the reason for the appeal including the following purported violations of United States Code: 47 U.S.C.332(c)(7)(b)(i)(ii) which reads: (i)"The regulation of the placement, construction and modification of personal wireless service facilities by any State or local government or instrumentality thereof- (I) shall not unreasonably discriminate among providers of functionally equivalent services and (II)shall not prohibit or have the effect of prohibiting the provision of personal wireless services." (ii) "A state or local government or instrumentality thereof shall act on any request for authorization to place, construct or modify personal wireless service facilities within a reasonable period of time after the request is filed with such government or instrumentality, taking into account the nature and scope of such request." (iii) "Any decision by a State or local government or instrumentality thereof to deny a request to place, construct or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record." In response to the above, staff offers the following: (i) (I) There was no discrimination to the applicant as to other relevant applications for the installation of cellular antennas in Lake County. In fact, the Planning Commission recently approved two other sites for the installation of Verizon associated mono-tree antennae. (II) Because the County of Lake accepted and processed Verizon's application for the proposed cellular antenna, it shows that there is no prohibition of personal wireless services by the County. (ii) The application for the Verizon antenna site was submitted on June 2, 2015 and brought to the Planning Commission on January 14, 2016 per an agreement with Mr. Andrew Lesa, the representative for Verizon. As such, the County processed the application in a reasonable time. (iii) In a letter dated January 14, 2016 (see attachment A), Planning staff notified the applicant Epic Wireless Group/Verizon Wireless of the denial of their application UP 15-10 to construct a seventy-five foot tall mono-tree cellular antenna. Additionally, the attached minutes of the January 14, 2016 Planning Commission meeting includes Planning Commissioner comments on why they voted to deny the above noted application. At the Planning Commission meeting of January 14, 2016, the Planning commissioners heard comments from nine neighboring property owners objecting to the placement of the proposed mono-tree cell tower in proximity to their residences, reasons given include being an "eyesore", "negatively affect property values", "would be degrading to the area", and "was inappropriate in a small residential area." There were also concerns about the large fuel tank associated with the diesel electricity backup generator and one speaker wondered who would be maintaining the tree. There was not a representative present for Verizon who could address the above noted questions and concerns. As such, the Commission voted to deny Verizon Wireless' Use Permit application. Subsequent to the Planning Commission's denial, planning staff identified several locations as possible alternatives to the project site that would not generate anxiety for neighboring residents. The applicant has submitted revised plans along with photo simulations for the project along with an alternative site analysis and reasons for rejection as noted below: 4695 Cole Creek Road: Suggested alternative by the County of Lake's Planning Department was rejected because the site was deemed too far south from the targeted area of the State Highway 29 corridor (see attached information supplied by applicant). 4820 Loasa Road: Suggested alternative by the County of Lake's Planning Department was rejected because the site was deemed too far north from the targeted area of the State Highway 29 corridor (see attached information supplied by applicant). 6738 Live Oak Drive: Suggested by the Kelseyville Business Association was rejected because it would require the height of the tower to be taller than the proposed tower at the Staheli Drive location and the coverage would not be as comprehensive (see attached information supplied by applicant). Additionally, the applicant has since made minor changes to the project proposal by reducing the height of the proposed facility from seventy-five feet to sixty-four feet. Other than this, all other aspects of the project remain the same. III. CONCLUSION The Planning Commission denied the Major Use Permit for the construction of a seventy-five foot mono-tree cellular antenna on January 14, 2016 for property located at 5660 Staheli Drive in Kelseyville for the following reasons: 1. The Public input on the project indicated that the site location was inappropriate due to surrounding residential and rural property uses. 2. The staff report indicated that the proposed use was outside the parameters of the land use guidelines in that the proposal did not comply with the majority of Policy PFS-7.3 Siting of Telecommunications Infrastructure of the County of Lake's General Plan, which stipulates in part that: "visual impacts of wireless telecommunications facilities shall be minimized to the greatest extent possible and * Located away from residential and open space areas; and * When possible, are located on existing buildings, existing poles or other existing support structures; and..." Staff noted in the Planning Commission staff report that: "the project site would not be located away from residences, as there is a small subdivision of houses to the west and an undeveloped subdivision to the north. It also will not be located away from open space areas, as surrounding properties to the east and south are sparsely developed with mostly open space surrounding them. Additionally, it is not possible to place the structure, or a similar one, on existing building, poles or other structures." Additionally in support of number 2 above, six specific findings are required to be made to approve a major use permit. One of these findings is: 5. That the project is in conformance with the applicable provisions and policies of this code, the General Plan and any approved zoning or land use plan. As noted above, this project is not completely in conformance with Policy PFS-7.3 Siting of Telecommunications Infrastructure of the County of Lake's General Plan. ..Recommended Action Sample Motions: Appeal Approval I move that the Board of Supervisors make an intended decision to grant appeal AB 16-01 and overturn the Planning Commission's denial of Use Permit UP 15-10 applied for by Epic Wireless Group for Verizon Wireless for property located at 5660 Staheli Drive in Kelseyville, and direct County Counsel to prepare findings of fact before remanding the project back to the Planning Commission for completion of the Environmental review. Appeal Denial I move that the Board of Supervisors make an intended decision to deny the appeal AB 16-01 and sustain the Planning Commission's denial of Use Permit UP 15-10 applied for by Epic Wireless Group for Verizon Wireless for property located at 5660 Staheli Drive in Kelseyville, and direct County Counsel to prepare findings of fact.

..Title ..Body MEMORANDUM TO: Board of Supervisors DATE: December 6, 2016 FROM: Robert Massarelli, Community Development Director By Keith Gronendyke, Associate Planner SUBJECT: (Continued from December 6, 2016 and November 22, 2016) Lucero Use Permit Appeal (AB 16-05) of approval of Use Permit (15-16) Supervisorial District 1 ATTACHMENTS: A. Appeal Form and attached documents B. Planning Commission Staff Report - Planning Commission Hearing 08/11/2016 C. Planning Commission Staff Report - Planning Commission Hearing 10/27/2016 D. Planning Commission meeting minutes from August 11, 2016, September 22, 2016 and October 27, 2016. E. Correspondence from surrounding property owners. F. Initial Study 15-35 Public Input - Submitted to Clerk of the BOS I. BACKGROUND The applicant is appealing the decision by the Planning Commission on October 27, 2016 to approve an application for a Major Use Permit to allow a large kennel on a twelve acre parcel proposing to establish an animal care facility for a maximum of twenty elderly cats and fourteen elderly dogs. The animals would be housed inside an existing 2,375 square foot barn and outdoor area consisting of pens with double fenced yards to protect them from predators and to prevent them from escaping. Dog pens would be enclosed with six foot tall fencing, while the cat containment area would be enclosed in climb-proof material. When indoors the canines would be housed in individual kennels, there also is an indoor play area for the dogs along with a quiet room and a grooming room for the dogs. The cats would have a community room along with a quiet room. Other existing development includes a single-family residence intended to be occupied by the applicants. An existing septic system is projected to be utilized for the disposal of waste water from the cleaning of the animal kennels and runoff water from washing food bowls, which would come from two sinks, one in each animal area. Grey water that is generated during the washing of dog and cat bedding and blankets is proposed to be routed to water on site fruit trees. Animal fecal waste from the dogs would be contained in trays below the kennels and collected each morning, while outdoor dog yards would be cleaned up each evening when the animals are brought inside to the kennels. Cats would be provided litter boxes indoors and a small sandbox outdoors. These too will be cleaned each evening. This fecal matter would be deposited and sealed in biodegradable bags and kept in a trash receptacle. These trash receptacles would be kept indoors to avoid attracting wild animals. It can be anticipated that the local waste management company would pick up these trash containers weekly. Additionally, outdoor animal yards would be treated with biodegradable disinfectant as needed to maintain hygienic conditions. II. APPEAL DISCUSSION The timely appeal to the above noted approval of Use Permit UP 15-16 was filed on November 1, 2016, by Durand Duin who is a neighboring property owner to the south of the subject property. Along with the appeal form, Mr. Lesa attached verbiage detailing the reason for the appeal including the following: 1. Application was for "Animal Refuge" not a large kennel. 2. Use is not permitted under the applicable RR zoning. 3. Environmental review of the Project is required under CEQA. 4. Board of Supervisors should deny the Project. 5. Inadequate conditions of approval were attached to the MUP. In response to the above, staff offers the following: (1) Originally, it was interpreted that the application was for a major use permit to operate an animal care facility for the above noted animals at the proposed location on Candy Lane in Lower Lake. At the September 22, 2016 Planning Commission meeting, staff was advised by County Councel that the application was actually to approve of a major use permit to allow for the establishment of a large kennel in order to allow the use of the barn and as yet to be constructed outdoor pen areas as an animal refuge. This prompted the Planning Commission to continue the hearing to the October 27, 2016 Planning Commission meeting in order to direct staff to amend the required motions and other aspects of the Use Permit application to properly reflect what was truly being applied for. It should be noted that the following applies to this contention: Section 8.5 Uses permitted subject to first obtaining a Major Use Permit in each case: (d) Small and large animal veterinary clinics on sites not less than five (5) acres; large and commercial kennels on sites not less than five (5) acres. (Ord. No. 2128, 1/14/1993). A large kennel is defined in the Zoning Ordinance as: "Any premises where more than seven dogs, cats or similar animals over the age of six months of age are kept or maintained for non-commercial purposes..." (2) The subject property is located in the Rural Residential "RR" Zoning District. As noted above, the use of the property to allow a large kennel to be established for the care of the animals proposed by the applicant is permitted in the Rural Residential Zoning District with the approval of a Major Use Permit. (3) Attachment E of this memo consists of the Initial Study (IS 15-35) that was completed by staff to comply with the requirements of the California Environmental Quality Act (CEQA). Staff determined that this project's possible impacts could be mitigated to a less than significant level by the adoption of specific conditions of approval as detailed in the attached Planning Commission staff report. As such, a Mitigated Negative Declaration was adopted as a result of the above noted initial study. Environmental review was completed concerning this project. (4) As Section 21-58.30 allows for, any project approved or denied by the Planning Commission can be appealed to the Board of Supervisors. This has occurred concerning the Use Permit application; Lucero UP 15-16. (5) As noted earlier for (3) above, extensive conditions of approval have been drafted by staff, and amended by the Planning Commission during the October 27, 2016 hearing. All aspects of impacts identified by Planning Division staff and from other government agencies have been reviewed and staff believes mitigated to a less than significant level. At the Planning Commission meeting of August 11, 2016, the Planning commissioners heard comments from numerous neighboring property owners both for and against the establishment of such a large number of animals in the residential neighborhood. Comments against the project included barking from the dogs, smells of animal waste, contaminated runoff and general feelings that the project would not be a good fit for the neighborhood. Comments for the project included support for Ms. Lucero and her compassionate goals to treat animals as humanly as possible and how her existing operation in Contra Costa County is a benefit to the surrounding area. The Principal Planner at that time, Audrey Knight, suggested the application be continued so the applicant could present her PowerPoint preparation. As such, the Planning Commission continued the hearing until September 22. At the September 22, 2016 Planning Commission meeting, the same group of neighbors reiterated their concerns along with others voicing their support for Ms. Lucero. At this hearing, County Council brought up the issue that the Planning Commission would not actually be voting to allow for Ms. Lucero to conduct her proposed business, as the motions included in the staff report along with the legal notice that was sent out did not explicitly indicate that the use permit that was applied for was to establish a large kennel. As such, if the Planning Commission were to vote on the project at that time, they would only be voting to approve the construction of the facilities to house the animals, which, in reality, would not even require a use permit, but just a building permit. Due to the late timing of this issue brought up by County Council, this item was again continued to the October 27, 2016 Planning Commission hearing. At the October 27, 2016 hearing there was again vocal opposition along with support for the project. Staff presented a revised staff report and legal notice correctly stating that the use permit applied for was to establish a large kennel in order to house a maximum of fourteen elderly dogs and a maximum of twenty elderly cats. After discussing the project and hearing from lawyers representing both the applicant and the neighboring property owners, the Planning Commission voted to approve the project with the change that the project is subject to review by the Commission after one year. If no substantiated complaints are received from county agencies after the one year period, the use permit would be valid until it expires or is revoked pursuant to the terms of the permit and/or Chapter 21 of the Lake County Code. Immediately after this decision, an appeal to the Board of Supervisors was filed with the Planning Division. Additionally, at the Planning Commission meeting, the Planning Commission approved the Mitigated Negative Declaration for the project based on Initial Study 15-35. III. CONCLUSION The Planning Commission approved the Major Use Permit, to be reviewed after one year, for the establishment of a large kennel to house up to fourteen elderly dogs and up to twenty elderly cats on October 27, 2016 for property located at 11767 Candy Lane in Lower Lake for the following reasons: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. The establishment of an animal care facility in and of itself will not be detrimental to the general public. Its location in a rural area of Lake County and conditions of approval will mitigate any impacts to less than significant. As such, the project will not be detrimental to the health, safety or welfare of surrounding property owners. Currently without a Conditional Use Permit the applicant has the right to have the following number of animals: 11 Hogs or 22 Horses or 69 Goats or 528 Chickens or 220 Ducks Therefore approval of this use permit to allow a large kennel will be a minimal impact. The following condition has been added to require the applicant to adhere to her proposed plans for animal waste removal and waste water plan: The applicant shall conform with and apply all of the project's proposed mitigations concerning animal waste removal and waste water as outlined in her project proposal packet as detailed in attachment 4 of the staff report. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. The project site is approximately eleven acres while the total project footprint where the existing approximately 2,375 square foot barn and outdoor area are to be located is approximately 6,600 square feet. The outdoor areas will be located along the south side of the barn and away from the nearest residences located on the north side of Candy Lane. Given the property size of approximately eleven acres, the project site is sufficient to accommodate all of the proposed physical improvements. All noise standards as indicated in Article 41 Noise above in this report shall be adhered to at all times. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. As conditioned, Candy Lane the existing public right-of-way will adequately accommodate the proposed use. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. The project site is served by the Lake County Sheriff's Department for law enforcement and the Lake County Fire Protection District for fire suppression needs. The site has an existing potable well for water needs and an existing septic system for sewage removal. There are adequate public services available as needed to serve the project. The following condition is required to satisfy the County of Lake's Environmental Health Division: The permit holder shall comply with all requirements of the Lake County Environmental Health Division for water and hazardous materials storage. The permit holder shall pay all Authorization fees required for the Environmental Health Department to review the conversion of the existing barn to an animal shelter. HHnb hjHH- 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. As noted previously, the project is in conformance with the Lake County General Plan, the Lower Lake Area Plan and the Lake County Zoning Ordinance. In ZONING ORDINANCE ARTICLE 8 -RURAL RESIDENTIAL ZONING DISTRICT above, a large kennel is allowed with the approval of a major use permit. 6.That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate e and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. While there is an open code violation case regarding construction without building permits, this application would resolve this matter. This code case is being held open but not being enforced pending the outcome of this hearing. ..Recommended Action Staff recommends that the Board of Supervisors take the following actions: A. Adopt a Mitigated Negative Declaration, based on Initial Study 15-35, for UP 15-16 with the following findings: 1. This project is consistent with land uses in the vicinity. 2. This project is consistent with the Lake County General Plan, the Lower Lake Area Plan and the Zoning Ordinance. 3. This project will not result in any significant adverse environmental impacts. 4. The project will result in effects to fish and wildlife habitat and is subject to the California Department of Fish and Wildlife filing fee, alternatively, a No Effect Determination may be issued by the California Department of Fish and Wildlife. B. Approve UP 15-16 subject to the conditions listed in Attachment B and with the findings listed above in this Board Memo. Sample Motions: Appeal Denial I move that the Board of Supervisors make an intended decision to deny the appeal AB 16-05 filed by Durand Duin of the Appeal of the approval of Use Permit UP 15-16 that was approved by the Planning Commission, and direct County Counsel to prepare proposed findings of fact. If the appeal is denied and the project approved, the following motions also need to be read. Adoption of Mitigated Negative Declaration I move that the Board of Supervisors find that, on the basis of Initial Study No. 15-35 and the mitigation measures that have been added to the project, the use permit for a large kennel to establish an animal care facility for a maximum number of twenty elderly cats and fourteen elderly dogs as applied for by Blythe Lucero will not have a significant effect on the environment and, therefore, adopt the mitigated negative declaration with the findings listed in this Board Memo dated November 8, 2016 Use Permit Approval I move that the Board of Supervisors find that Use Permit UP 15-16 to allow a large kennel on a twelve acre parcel proposing to establish an animal care facility for a maximum number of twenty elderly cats and fourteen elderly dogs on property located at 11767 Candy Lane Lower Lake does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and grant the Major Use Permit subject to the conditions and with the findings listed in this Board memo dated November 8, 2016. If the appeal is approved and the project denied, the following motion needs to be read. Appeal Approval I move that the Board of Supervisors make an intended decision to approve the appeal AB 16-05 filed by Durand Duin of the approval of Use Permit UP 15-16 that was approved by the Planning Commission on October 27, 2016, and deny Use Permit UP 15-16 and direct County Counsel to prepare proposed findings of fact. The decision of the Board shall be final, conclusive and effective immediately.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Richard Ford: Assessor-Recorder DATE: December 13, 2016 SUBJECT: Consideration of (a) Request for Interim Appointment to Cadastral Mapping Specialist - Lucinda Brozynski, and (b) Resolution amending Resolution No. 2016-145 establishing position allocations for Fiscal Year 2016-2017, Budget Unit No. 1123, Assessor EXECUTIVE SUMMARY: I am requesting the Board of Supervisors approve Lucinda Brozynski be appointed for an interim appointment to the position of Cadastral Mapping Specialist, even though Lucinda does not meet the minimum requirements of the position. The current Cadastral Mapping Spec. has given notice to vacate the position on 12/29/16. Lucinda brings the stated below qualifications. The only pertinent desired qualification she is lacking is experience with drawing maps which can be trained with the incumbent employee. The Cadastral Mapping Spec. position is crucial for the local economy as well as the required functions of the office. This request will allow for as much training and knowledge as possible to be transferred to a current employee before the incumbent employee vacates the position. Lucinda Brozynski's Qualifications: Relevant Experience * 8 + years working in the County of Lake Assessor's Office as a Deputy Assessor-Recorder has provided a detailed knowledge of the purpose and function of the Assessor's Office * 19 years working with the public at various title companies. This position involved legal descriptions, change of ownership and property tax application, as it applies to property rights and ownership. * 12 Years self-employed researching mineral rights for oil companies. High level math skills were used to determine the portion of rights after multiple sales and splits of rights and how they related to royalty calculations. Relevant Knowledge as it pertains to Cadastral Mapping Specialist * Lucinda has a good understanding of the organization within the Assessor's office. She also possesses an intimate knowledge of how a document is recorded and to the effects on the ownership of the property. This includes the structure and knowledge of legal description of the property. Cadastral Mapping Spec. interacts intimately in the same capacity. * Lucinda dedicates 25% of her time researching how the title is held on property, checking the accuracy of the legal descriptions of properties and entering changes and any pertinent information regarding title in the Megabyte property tax program. The Cadastral Mapping Spec. understands, interacts and applies legal descriptions in the Megabyte System. * Lucinda has general knowledge of the county Geographic Information System (GIS) and extensive knowledge of in-house maps. Cadastral Mapping Spec. interacts with the GIS system and the IT personnel responsible for the GIS system. The Cadastral Mapping Spec. uses GIS and interacts with the in-house maps. * Lucinda currently works in the Assessor's Office where use of office machines, technology, office skills and proper etiquette are part of the daily routine. This is given to say, Lucinda works with Megabyte, Hal-File Systems, Microsoft Office, 10 Key by touch, Types 50 WPM, and uses Parcel Quest. Lucinda also works with the public in a sometimes challenging environment and shows skill and etiquette to handle these interactions with tact. Cadastral Mapping Spec. uses office technology and programs used by Lucinda, as well as, interact with the public in a sometimes challenging environment. * Lucinda possesses extensive understanding of methods, practices and terminology of the Assessor's property map system as a result of approximately 39 years of experience dealing with a multitude of land acquisitions, title searches, ownership and locations of minerals, easements, combination and segregation of parcels. Cadastral Mapping Spec. uses and needs the knowledge that Lucinda possesses to be successful in the position. * Lucinda has knowledge of the California Revenue and Taxation Code that pertain to ownership and rights to a property. The Cadastral Mapping Spec. works within the California Revenue and Taxation Code, knowledge of the same is pertinent to the success of the position. * Lucinda possesses in-depth knowledge of how parcel descriptions are derived and methodology used in identifying parcel boundaries. This requires understanding of symbols and nomenclatures used in mapping. Cadastral Mapping Spec. uses and requires this knowledge on a daily basis. * Lucinda is able to work well under pressure and meet necessary deadlines that are critical for the preparation of closing the tax roll. The ability to work well under pressure is an essential skill for the Cadastral Mapping Spec. * Lucinda has a very pleasant disposition and works well with whomever she encounters including colleagues, supervisors and customers. When dealing with others she always displays a professional demeanor. These characteristic are essential for the Cadastral Mapping Spec FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Consideration of (a) Request for Interim Appointment to Cadastral Mapping Specialist - Lucinda Brozynski, and (b) Resolution amending Resolution No. 2016-145 establishing position allocations for FIscal Year 2016-2017, Budget Unit No. 1123, Assessor Thank you for your consideration of this request

MEMORANDUM TO: Board of Supervisors FROM: Jan Coppinger, Special Districts Administrator Josefine Chester, Deputy Administrator - Fiscal DATE: November 29, 2016 SUBJECT: Approve a Budget Transfer for Kelseyville County Water Works #3 (Budget Unit 8593) and Appropriate $58,500 in 293-8593-785-62.72 for Purchase of Vehicle and Equipment for Electro/Mechanic Technician. EXECUTIVE SUMMARY: During F/Y16/17 Budget process the Board of Supervisors approved an Electro/Mechanical Tech I/II (EMT I/II) position for Utility Area II. This position requires a designated vehicle that will be equipped to accommodate specialized tools/equipment (i.e., beacon, crane, electrical tools) required by the EMT to perform his/her duties. This purchase cannot be delayed until the next regular budget cycle because there is no suitable substitute vehicle available in the fleet and the EMT needs this specific vehicle and equipment to perform his/her duties. Kelseyville County Waterworks District #3 has incurred savings in object code 23-77- Labor In-House- due to position vacancies in the first few months of the fiscal year and these savings are sufficient to purchase the vehicle. FISCAL IMPACT: __ None __Budgeted _X_Non-Budgeted Estimated Cost: $58,500.00 Amount Budgeted: -0- Additional Requested: $58,500.00 Annual Cost (if planned for future years): none FISCAL IMPACT (Narrative): As object code 23-77 has realized savings due to prior vacancies, the transfer to purchase the vehicle will leave sufficient appropriations to pay for the remainder of the year. STAFFING IMPACT (if applicable): The EMT will be equipped and able to perform all duties required. RECOMMENDED ACTION: Approve budget transfer for Kelseyville County Waterworks Dist. #3 and appropriate $58,500.00 in 293-8593-785-62.72 for the purchase of vehicle and equipment for the Electrical/Mechanical Technician.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Jan Coppinger, Administrator DATE: November 30, 2016 SUBJECT: Consideration of a declaration that the conditions requiring Mt. Hannah Water System, CSA #22 be under a mandatory conservation ordinance no longer exist and terminate Urgency Ordinance #3030. EXECUTIVE SUMMARY: Background County Service Area #22, Mt. Hannah Water System is a very small district serving 36 customers. The district has struggled financially due to the small size and needed upgrades and improvements were deferred. The only well supplying the district was challenged and the main water line from the well to the storage tank was deteriorated and experiencing frequent leaks and needed repairs. On June 13, 2014, County Service Area #22, Mt. Hannah Water System was placed under an urgency ordinance for mandatory water conservation. Urgency ordinance #3006 was initiated when the well level dropped 73% and lost the ability to recharge. Capacity was severely challenged and the urgency ordinance required each single family dwelling unit to use less than 500 cubic feet per month. Special Districts submitted multiple grant applications on behalf of Mt. Hannah Water System and an emergency grant of $57,370.46 was awarded from the State Water Resources Control Board - Prop 50 Drought Funding. This grant provided funds to drill a new well, which was completed in August, 2014. The new well allowed a slightly relaxed urgency ordinance (#3030) to be implemented on August 18, 2015. This ordinance allowed each single family dwelling to use 600 cubic feet per month. A grant from the State Water Resources Control Board - Prop 84 -Emergency Drought Funding was awarded to replace the main line. The new line and three new service connections have been installed and the entire project is scheduled to be completed by December 9, 2016. The total cost of $134,000 was provided with 100% grant funds. Although the drought is not officially over and voluntary conservation will continue to be encouraged, with the upgrades and improvements to this system, it is no longer in danger of being unable to provide sufficient capacity to all customers. We are requesting that your Board make a declaration that the conditions requiring CSA #22 to be under a mandatory conservation ordinance no longer exist, and move the water district from stage 4 of the Drought Management Plan to stage 1. By making this declaration, Urgency Ordinance #3030 will terminate and no longer be in effect. FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Consideration of a declaration that the conditions requiring Mt. Hannah Water System, CSA #22 be under a mandatory conservation ordinance no longer exist and terminate Urgency Ordinance #3030.