Board Of Supervisors — Tuesday, November 22, 2016

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Kevin L. Thompson Interim Behavioral Health Director DATE: November 22, 2016 SUBJECT: Approve the First Amendment to the Agreement between the County of Lake and Victor Treatment Centers, Inc. for Specialty Mental Health Services for Fiscal Year 2016-17 in the amount of $100,000 and authorize the Board Chair to sign the Amendment. EXECUTIVE SUMMARY: Attached, for your approval, is the First Amendment to the Agreement between the County of Lake and Victor Treatment Centers, Inc. for Specialty Mental Health Services for Fiscal Year 2016-17. Under the Agreement, Lake County Behavioral Health (LCBH) is obligated to pay for Specialty Mental Health Services at Victor Treatment Centers, Inc.'s current negotiated rate. BACKGROUND AND DISCUSSION: Victor Treatment Centers, Inc.'s facility in Santa Rosa, CA is an RCL14 placement for children and youth in need of a more intensive program milieu. As additional Lake County Medi-Cal beneficiaries have been placed at Victor Treatment Centers, Inc.'s Santa Rosa facility by Lake County Child Welfare Services (CWS) or Probation, Lake County Behavioral Health would like to increase the contract maximum by $70,000 for a new contract maximum of $100,000. We are requesting to waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services. As CWS or Probation are ultimately responsible for initiating the placement of Lake County children and youth, LCBH is ultimately responsible for reimbursement of any Specialty Mental Health Services these children and youth receive. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Contract Amount (With Amendment): $100,000 Unobligated Funds for Amendment: $127,641 Additional Requested: N/A Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): Lake County Behavioral Health is requesting approval of the First Amendment to the Agreement with Victor Treatment Centers, Inc. for Fiscal Year 2016-17 for an increase of $70,000 for a new contract maximum of $100,000. The funds for this increase will be re-allocated from unassigned budgeted funds within the same level of care (RCL 14). This contract is funded through Medi-Cal reimbursement of the Federal Financial Participation (FFP) percentage (50%), EPSDT allocations, and Realignment funds. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: (a) Waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the First Amendment to the Agreement between the County of Lake and Victor Treatment Centers, Inc. for Specialty Mental Health Services for Fiscal Year 2016-17 in the amount of $100,000 and authorize the Board Chair to sign the Amendment.

MEMORANDUM TO: Board of Supervisors FROM: Lars Ewing, Public Services Director SUBJECT: Adoption of Resolution Amending Resolution No. 2016-145 Establishing New Classifications and Position Allocations for Fiscal Year 2016-17 to Conform to the Adopted Budget for Budget Unit 7011, Parks and Recreation DATE: November 16, 2016 EXECUTIVE SUMMARY: In coordination with the County Administrative Office and the Human Resources Department, I am requesting your Board's approval of a modification to the position allocation in Budget Unit 7011 for fiscal year 2016-17. The proposed modification would add a second allocation of Parks Superintendent for the month of December 2016. On October 24, 2016, the Board of Supervisors appointed Brian Powers as Interim Parks Superintendent in light of the unexpected and immediate retirement notice of long-serving Parks Superintendent Dana Smalley on September 14, 2016. The expectation at the time was that Dana would not be returning to work in the intervening period between the date he submitted his retirement notice and the date of his official retirement. However, on December 1 Dana will in fact be returning to work and working until his official retirement date of December 30, 2016. Establishing a second Parks Superintendent allocation for the month of December will allow the Department to retain Brian Powers as Interim Parks Superintendent while Dana is at the same time serving in the capacity of Parks Superintendent, which will provide for continuity within this management position that will otherwise not be possible. It should be noted that the proposed Resolution provides for the elimination of the second Parks Superintendent allocation upon Dana's retirement, so the increase in position allocations is only temporary. FISCAL IMPACT: __ None __Budgeted _x_Non-Budgeted Estimated Cost: $6,363.00 Amount Budgeted: $5,772.00 Additional Requested: $592.00 Annual Cost (if planned for future years): N/A RECOMMENDED ACTION: Staff recommends that the Board adopt the Resolution Amending Resolution No. 2016-145 Establishing New Classifications and Position Allocations for Fiscal Year 2016-17 to Conform to the Adopted Budget for Budget Unit 7011, Parks and Recreation.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Jan Coppinger, Special Districts Administrator DATE: November 9, 2016 SUBJECT: Approve Memorandum of Understanding Between Special Districts and Cobb Area Water District for Water System Consolidation Feasibility Study and Authorize Chair to Sign EXECUTIVE SUMMARY: As a result of the Valley Fire and drastic loss of customers in the various public water systems in the Cobb Mountain area, the subject of consolidating the water systems was discussed. A feasibility study to evaluate the consolidation was required before the subject could be explored. Special Districts and Cobb Area Water District agreed to work together to complete the feasibility study. Both requested the Board of Supervisors approve funding from the Geothermal Mitigation Funds. On December 1, 2015 your Board allocated $250,000 from the Geothermal Mitigation Funds for the feasibility study and it was adopted in the FY 16/17 budget. If the consolidation was completed, it was determined that the Cobb Area Water District would take on the additional water districts since they have an office, utility yard and staff in the area. It was decided that Cobb Area Water District should oversee the scope of the feasibility study and work closely with the engineering firm that was awarded the contract. After a competitive bidding process, Cobb Area Water District signed a contract with Brelje & Race Engineering Consultants. Special Districts and Cobb Area Water District have been working with the engineers, providing documents and information as needed. To pay the engineering firm, a memorandum of understanding between Special Districts and Cobb Area Water District must be approved. FISCAL IMPACT: __ None _XX_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: Approve Memorandum of Understanding Between Special Districts and Cobb Area Water District for Water System Consolidation Feasibility Study and Authorize Chair to Sign.

..Title ..Body MEMORANDUM TO: Board of Directors, Lake County Water Shed Protection District FROM: Scott De Leon, Water Resources Director DATE: November 10, 2016 SUBJECT: Adopt Resolution Authorizing the Water Resources Director to Sign a Notice of Completion for Work Performed Under Agreement Dated August 31, 2016 for 2016 Sediment Removal Project, Upper Lake, CA Bid no. WR 16-02 EXECUTIVE SUMMARY: The contract for the construction of the subject project, as authorized under the agreement dated August 31, 2016, was satisfactorily completed on October 11, 2016. The attached resolution authorizing the signature of the Water Resources Director on the notice of completion has been prepared for your consideration. It is recommended that the Board approve the resolution at their next regular meeting. 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: (Sitting as the Board of Directors, Lake County Watershed Protection District) Adopt Resolution Authorizing the Water Resources Director to Sign a Notice of Completion for Work Performed Under Agreement Dated August 31, 2016 for 2016 Sediment Removal Project, Upper Lake, CA Bid no. WR 16-02

..Title ..Body MEMORANDUM TO: Board of Directors Lake County Watershed Protection District FROM: Scott De Leon, Water Resources Director by Carolyn E. Ruttan, Invasive Species Program Coordinator DATE: November 14, 2016 SUBJECT: Approve Contract for the Production of an Alternative Groundwater Sustainability Plan to Comply with the Sustainable Groundwater Management Act EXECUTIVE SUMMARY: In 2014, California adopted the Sustainable Groundwater Management Act (SGMA), CA Water Code Section 10720-10737, requiring that all groundwater basins in California be managed sustainably. The CA Department of Water Resources in January 2016 issued a final set of regulations to achieve the Act and a priority list, with boundary maps, of the State's 515 groundwater basins. To comply with the Act, we are requesting the Board of Directors of the Lake County Watershed Protection District (District) approve a contract with CDM-Smith to produce an Alternative Groundwater Sustainability Plan. Lake County currently has twelve groundwater basins being managed under the Lake County Groundwater Management Plan produced by CDM-Smith and adopted by your Board in 2006. Two of those basins, Scotts Valley and Big Valley, have been calculated by DWR through the California Statewide Groundwater Elevation Monitoring (CASGEM) program to be medium priority basins. In this priority classification, the legislation requires the formation of a Groundwater Sustainability Agency (GSA) for the "management and use of groundwater in a manner that can be maintained...". The SGMA legislation also allows groundwater basins to be sustainably managed using adopted Groundwater Management Plans such as the Lake County Groundwater Management Plan. SGMA allows such a Plan to be submitted as an Alternative to creating a Groundwater Sustainability Agency and writing a Groundwater Sustainability Plan for each basin, provided that the Plan can demonstrate the basin has and is operating within its sustainable yield, and has done so for the past ten (10) years. Due to the fact that the groundwater elevation monitoring performed in both basins has not indicated any decline, or other undesirable effects, an Alternative Plan appears to be the most cost-effective option for the District to comply with the SGMA regulations. CDM-Smith was the consulting firm that prepared the Lake County Groundwater Management Plan, which covered both basins, and they are very familiar with the basins and the requirements of SGMA. Due to the fact that time is of the essence to submit an Alternative Plan, they are due by December 31, 2016, and the fact that CDM-Smith is uniquely qualified to perform the work, staff recommends that your Board find that it is in the County's best interest to waive the Consultant Selection Policy. CDM-Smith has quoted us $25,000.00 to complete the Alternative Plans for both basins. 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: It is recommended that the Board of Supervisors, sitting as the Board of Directors of the Lake County Watershed Protection District, 1) Find that CDM-Smith is uniquely qualified to perform the work and that is in the County's best interest to waive the Consultant Selection Policy, and 2) Authorize the Director of Water Resources to sign a contract with CDM-Smith to produce an Alternative Groundwater Sustainability Plan for submission to DWR by December 31st, 2016 at a cost of $25,000.00

..Title ..Body MEMORANDUM TO: Rob Brown, Chairman, Board of Supervisors FROM: Brian Martin, Sheriff/Coroner DATE: November 15, 2016 SUBJECT: Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Wildfire Conditions, pertaining to the Rocky, Jerusalem and Valley Fires EXECUTIVE SUMMARY: As your Board is aware, in the afternoon of July 29, 2015 the Rocky Fire began in the area of Morgan Valley Road and continued for several weeks. This prompted the activation of the Lake OES Emergency Operations Center (EOC) and Matt Perry, County Administrative Officer/OED Director (retired) declared a Local Emergency on July 31, 2015. On August 4, 2015, your Board ratified the declaration by Resolution no. 2015-107, confirming the existence of such emergency. The dangers of this year's fire season continued on Sunday, August 9, 2015, when the Jerusalem Fire broke out, and your Board amended the declaration of a local emergency on August 18, 2015, to include the Jerusalem Fire, by Resolution no. 2015-109. On the afternoon of September 12, 2015, the Valley Fire began. This again prompted the activation of the EOC and Matt Perry County Administrative Office/OES Director (retired) declared a Local Emergency that evening. This was ratified by your Board on September 15, 2015 by Resolution no. 2015-128. As the County seeks funding and performs recovery operations related to tree removal and other fire recovery projects for the Rocky, Jerusalem, and Valley Fires, it is advisable that we continue the declaration of an emergency to support the fire recovery process. This declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect. 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 Continuation of a Proclamation of a Declaration of a Local Emergency due to Wildfire Conditions, pertaining to the Rocky, Jerusalem and Valley Fires

..Title ..Body MEMORANDUM TO: Rob Brown, Chairman, Board of Supervisors FROM: Brian Martin, Sheriff/Coroner DATE: November 15, 2016 SUBJECT: Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Clayton Fire EXECUTIVE SUMMARY: As your Board is aware, in the afternoon of August 13, 2016, the Clayton Fire began in the area of Clayton Creek Rd. This prompted the activation of the Lake OES Emergency Operations Center (EOC) and Brian Martin, Lake County Sheriff, declared a Local Emergency August 14, 2016. On August 16, 2016, your Board ratified the declaration by Resolution no. 2016-825, confirming the existence of such emergency. As the County seeks funding and performs recovery operations related to tree removal and other fire recovery projects for the Clayton Fire, it is advisable that we continue the declaration of an emergency to support the fire recovery process. This declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect. 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 Continuation of a Proclamation of a Declaration of a Local Emergency due to Clayton Fire

..Title ..Body MEMORANDUM TO: Board of Supervisors DATE: November 8, 2016 FROM: Robert Massarelli, Community Development Director By Keith Gronendyke, Associate Planner SUBJECT: 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 Dated July 20, 2016 C. Planning Commission Staff Report Dated September 30, 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 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: THE HONORABLE BOARD OF SUPERVISORS FROM: JIM STEELE, Supervisor, District 3 DATE: November 15, 2016 SUBJECT: Consideration of Letter of Board Support of Lower Lake Cemetery District's Request for Assistance from Assemblyperson Bill Dodd's Office EXECUTIVE SUMMARY: As you are aware, the Lower Lake Cemetery District is presently struggling to remain operational in the face of financial difficulties and has reached out to Assemblymember Dodd's office for assistance. When the Board of Supervisors previously considered approving a letter of support of the District's request, the Board recognized that many cemetery districts in California faced difficulties. That point is acknowledged in this redrafted letter. The Board further indicated that the District would likely benefit most from a professional audit of its operations. The District has specifically requested that Assemblymember Dodd's office assist them in obtaining the temporary services of a volunteer auditor-accountant to review the District's business practices and advise them whether and how they can remain operational. This redrafted letter makes it clear that it is this request of the District which has your Board's support. 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: If the letter as redrafted meets with Board approval, I ask that the letter of support be approved and the Chair authorized to sign. Thank you.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Kevin L. Thompson, MPA, CATC Interim Behavioral Health Director DATE: November 22, 2016 SUBJECT: Agreement between the County of Lake and Lake County Office of Education for School-Based Medi-Cal Specialty Mental Health Services for Fiscal Year 2016-17. EXECUTIVE SUMMARY: Attached, for your approval, is the Agreement between the County of Lake and Lake County Office of Education for School-Based Medi-Cal Specialty Mental Health Services for Fiscal Year 2016-17. BACKGROUND AND DISCUSSION: Lake County Office of Education (LCOE) has submitted a proposal to provide school-based services to approximately 100 students in grades K-12 at various school sites throughout the county. Having school-based services available provides children and youth opportunities for successful learning experiences that will enhance the quality of their life. For some children, the school site is a safe environment, and they often have their first meal of the day at the school site. Children who receive school-based services have increased attendance, improved attitudes regarding school, and improved peer relations in school. Under the Agreement, Lake County Office of Education as the approved Contractor for Lake County Office of Education - Special Education Local Plan Area (LCOE/SELPA), will provide Medi-Cal Specialty Mental Health Services to Lake Count Med-Cal beneficiaries who have been identified through LCOE/SELPA as eligible to receive services under the Educational Related Mental Health Services (ERMHS) program. This Agreement provides LCOE access to Federal Financial Participation (FFP) funds which enables LCOE to provide more services at the school sites. LCOE will be providing the remaining balance of the cost of these services in advance to LCBH, who in turn will pay the full cost back to LCOE in order to bill services and access FFP. We are requesting to waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services. Lake County Behavioral Health has had a successful working relationship with LCOE; therefore, we would like to continue this working relationship going forward. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Contract Amount: $690,000 Total Budgeted: $940,000 Unobligated Funds: $0 Total Amount Budgeted: $850,000 Additional Requested: N/A Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): The amount budgeted for School Based Services for Fiscal Year 2016-17 is $940,000. Lake County Behavioral Health is requesting a contract maximum of $690,000. The contract is funded through Medi-Cal reimbursement of the Federal Financial Participation (FFP) percentage (50%). As this Agreement provides LCOE with access to Federal Financial Participation (FFP) funds, LCOE will be providing the remaining balance of the cost of these services in advance to LCBH, who will in turn pay the full cost back to LCOE in order to bill the services and access FFP. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: (a) Waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Lake County Office of Education for School-Based Medi-Cal Specialty Mental Health Services for Fiscal Year 2016-17 fir a contract maximum of $690,000 and authorize the Chair to sign the Agreement.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Robert Massarelli, AICP Community Development Director DATE: November 10, 2016 SUBJECT: Consideration of Adopting Resolution Pertaining to Rebuilding of Anderson Springs EXECUTIVE SUMMARY: As you well know, there are numerous issues facing the rebuilding of Anderson Springs. The issues are so complex each lot is different and there is no one right answer. Over the past few months, the staff has been trying to address each subject and develop a comprehensive approach. Based on our efforts, the staff has developed a comprehensive policy statement to give guidance on how to proceed. One of the more complex issues deals with the setback from the top of bank and the floodway that exists in the area. Part of the challenge has been the lack of a definition for the top of bank as well as conflicts between the Zoning Ordinance, Chapter 21 and Floodplain Management, Chapter 25 of the Code of Ordinance. Attached is a policy statement regarding the rebuild of Anderson Springs. Several topics are addressed. This policy includes a proposal where the County would work with the property owners to prepare a comprehensive and cohesive waterway setback plan. This would include working with the California Department of Fish and Wildlife to establish their jurisdiction, a setback line and the required mitigation, and the preparation of an initial study. The notice of determination for the initial study has a $2,216.25 filing fee. With the proposed approach, there would be one filing fee shared by the property owners. 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: The staff recommends Adopting Resolution Pertaining to Rebuilding of Anderson Springs

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Robert Massarelli, AICP Community Development Director DATE: November 10, 2016 SUBJECT: Consideration of an Ordinance Amending Chapter 5 of the Lake County Code and Adopting by Reference the 2016 California Building Standards Code, known as the California Code of Regulations EXECUTIVE SUMMARY: Periodically, the various building codes are updated by the California Building Standards Commission. The 2016 California Administrative Code California Code of Regulations, Title 24, Part 1 also known as the California Building Code Standards Code becomes effective January 1, 2017. Chapter 5 Building Regulations of the County of Lake Code of Ordinances adopts the California Building Code. In order to be compliant with the State Code that Chapter needs to be amended adopting the 2016 Code. The attached Ordinance amends to the appropriate sections to accomplish the require changes. 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: The staff recommends adoption of an Ordinance Amending Chapter 5 of the Lake County Code and Adopting by Reference the 2016 California Building Standards Code, known as the California Code of Regulations The recommended motions are: 1) Move to read the ordinance by title only. 2) Move to forward the ordinance for a second reading at the December 6, 2016 Board of Supervisor meeting.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Denise Pomeroy, Health Services Director DATE: November 22, 2016 SUBJECT: Approval of Agreement Between the County of Lake and California Association of Environmental Health Administrators (CAEHA) in the Amount of $60,700 for Professional Debris Cleanup Services Due to the Clayton Fire and Permission from the Board to Waive the Normal Competitive Bidding Process EXECUTIVE SUMMARY: Environmental Health has been working with CalRecycle on the state sponsored fire debris removal project. The County remains in a state of emergency. We request that your Board approve the attached contract for services with CAEHA (California Association of Environmental Health Administrators). CAEHA is the only organization with experienced staffing and the required professional insurance that is readily available to us in the contracted timeline for completion of this work. They are able to provide a professional data and field management services for the wildfire disasters with a specialized degree of expertise and competency. CAEHA has previously demonstrated their ability to provide the necessary support and unique services to the County of Lake through their work relating to debris cleanup with Valley Fire and Rocky/Jerusalem wildfires. Their expertise, training, and experience in environmental management and cleanup efforts make them ideal for this project. Due to the short time frame involved we are requesting that the Board of Supervisors waive the normal bidding process, making a determination that competitive bidding would not be in the public's best interest nor provide any economic benefit due to CAEHA's extensive experience with fire debris cleanup. This specialized service contract with CAEHA is for a limited duration and has a maximum dollar amount of $60,700. The not-to-exceed sum is based on hourly rates paid for similar services within the last 15 months. It is anticipated that the County will be reimbursed for 75% of the contract through CalOES with California Disaster Assistance Act (CDAA) funding. FISCAL IMPACT: __ None __Budgeted X__Non-Budgeted Estimated Cost: N//A Amount Budgeted: N/A Additional Requested: N/A Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): N/A STAFFING IMPACT (if applicable): N/A RECOMMENDED ACTION: Health Services requests and recommends your Board waive the formal bid process and authorize the Interim Health Services Director/Health Services Director to sign the contract. Thank you for your consideration of this request.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott DeLeon, Public Works Director DATE: November 16, 2016 SUBJECT: Consideration of Property Donation to the City of Clearlake for the Phillips and 18th Avenue Pedestrian Improvement Project EXECUTIVE SUMMARY: At the request of the City of Clearlake, today's item is for the consideration of right of way dedication across a County owned property to facilitate a proposed City project. A summary of the project is as follows: The City is proposing a road reconstruction and sidewalk improvement project on Phillips and 18th Avenues with funding through the Community Development Block Grant (CDBG) Safe Routes to School program. The project will provide a safer path for students to follow as they access the nearby schools from the residential areas East of Highway 53. This is a regional project that is supported by the Lake APC, and the City is scheduled to have their project considered for construction funding by the California Transportation Commission (CTC) during their meeting the first week of December. Certification of the Right of Way is required prior to the CTC meeting, so time is of the essence. In 2014, your Board unanimously approved right of way dedication that affected two County-owned properties: the parcel at 7175 South Center Drive that contains the Behavioral Health Department's Southshore office, and the vacant parcel at 15837 18th Avenue that is the subject of today's additional right of way request. In order to construct the proposed improvements, a narrow sliver of property is required adjacent to 18th Avenue. During your Board's previous discussions, you provided consensus that any issues related to dedication across these properties were minimal, and ultimately you approved the dedications without appraisals or consideration of compensation from the City. Based on previous Board action, staff presumes your Board will follow the previous actions, and approve the dedication of this small segment of right of way. Attached is the Right of Way dedication paperwork consisting of a grant deed, legal description and plat map. **Staff is currently working on the backup for this item. As it becomes available the Clerk of the Board will upload it. Please check back periodically.** 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 your Board approve the Right of Way dedication to the City of Clearlake and authorize the Chair to sign the grant deed.