Board Of Supervisors — Tuesday, April 25, 2017

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Todd Metcalf Behavioral Health Administrator DATE: April 25, 2017 SUBJECT: Approve the First Amendment to the Agreement between the County of Lake and San Sousee for Adult Residential Support and Specialty Mental Health Services for Fiscal Year 2016-17 for a decrease of $63,500 and a new contract maximum of $69,982; and authorize the Chair to sign. EXECUTIVE SUMMARY: Attached, for your approval, is the First Amendment to the Agreement between the County of Lake and San Sousee for Adult Residential Support Services and Specialty Mental Health Services for Fiscal Year 2016-17. BACKGROUND AND DISCUSSION: San Sousee is an Adult Residential Facility licensed by the Community Care Licensing Division of the California Department of Social Services. On 1/26/17, the facility was destroyed by a fire; therefore, clients who were placed at San Sousee have been placed at other board and care facilities within the county. As there are no Lake County Medi-Cal beneficiaries now placed at San Sousee, Lake County Behavioral Health is requesting a decrease of $63,500 for a new contract maximum of $69,982. FISCAL IMPACT: __ None X_Budgeted __Non-Budgeted Original Contract Amount: $133,482 Decrease in Contract Amount: $ 63,500 New Contract Amount: $ 69,982 Additional Requested: N/A Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): As there are no Lake County Medi-Cal beneficiaries now placed at San Sousee, Lake County Behavioral Health is requesting the approval of the First Amendment to the Amendment for a decrease in the total maximum payable under the Agreement in the amount of $63,500 for a new contract maximum of $69,982. The funds from the decrease of this contract will be re-allocated to other contracts within the same level of care as necessary. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: Approve the First Amendment to the Agreement between the County of Lake and San Sousee for Adult Residential Support and Specialty Mental Health Services for Fiscal Year 2016-17 for a decrease of $63,500 and a new contract maximum of $69,982; and authorize the Chair to sign.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Denise Pomeroy, Health Services Director DATE: April 25, 2017 SUBJECT: Adopt Resolution Approving an Application for the State Department of Health Services, CMS Branch's Child Health and Disability Prevention Program (CHDP) and Health Care Program for Children in Foster Care (HCPCFP) for the Monitoring and Oversight of Foster Children Treated with Psychotropic Medication for FY 2016/2017 in the Amount of $24,859; and Authorize the Health Services Director to Sign EXECUTIVE SUMMARY: The Health Services Department, Public Health Division recently received notification of additional funding available from the State Department of Health Services for the CHDP Foster Care Program for Fiscal Year 2016/2017 in the amount of $24,859. This additional funding allocation is made available specifically to supplement the HCPCFP health care program for children in foster care. Primary responsibilities of the Public Health Nurses (PHNs) will remain that of administrative case consultation. The PHN will continue coordination of health care needs including development, dental and mental health needs of foster children, youth and non-minor dependents (NMD) who are age 18 or over but still in the foster care system. If you should have any questions, please contact me at 263-1090. FISCAL IMPACT: __ None __Budgeted _X_Non-Budgeted Estimated Cost: $24,859 Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): None - There is no County match for this funding. STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Adopt Resolution Approving an Application for the State Department of Health Services, CMS Branch's Child Health and Disability Prevention Program (CHDP) and Health Care Program for Children in Foster Care (HCPCFP) for the Monitoring and Oversight of Foster Children Treated with Psychotropic Medication for FY 2016/2017 in the Amount of $24,859; and Authorizing the Health Services Director to Sign

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: April 25, 2017 SUBJECT: Approve the Agreement between the County of Lake and The Hanna Group for Construction Management Services for Replacement of Harbin Creek Bridge at Harbin Springs Road (14C-0111) in the amount not to exceed $284,936.81; and authorize the Chair to sign. EXECUTIVE SUMMARY: On February 1, 2017, the Department of Public Works issued a Request for Proposals (RFP) for Construction Management Services for replacement of Harbin Creek Bridge at Harbin Springs Road (14C-0111). Proposals were received from CALTROP; Substrate, Inc.; and The Hanna Group as a result of the solicitation. A Consultant Selection Board (CSB) reviewed the proposals in accordance with Caltrans Local Assistance Procedures Manual (LAPM), Chapter 10, and the County of Lake policy for review and selection of professional consultants, and ranked The Hanna Group as the most-qualified firm. Staff negotiated the proposed fee with The Hanna Group and they have agreed that the fee for their services will not exceed $284,936.81. 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 the Agreement for Construction Management Services for Replacement of Harbin Creek Bridge at Harbin Springs Road (14C-0111) with The Hanna Group in the amount not to exceed $284,936.81 and authorize the Chairman to execute said Agreement. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $284,936.81 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: Approve the Agreement between the County of Lake and The Hanna Group for Construction Management Services for Replacement of Harbin Creek Bridge at Harbin Springs Road (14C-0111) in the amount not to exceed $284,936.81; and authorize the Chair to sign.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Kathy Maes, Social Services Director DATE: April 25, 2017 SUBJECT: Approve the Contract Between the County of Lake and Fiscal Experts, Inc. in the Amount of $27,600 per Fiscal Year, from July 1, 2017 to June 30, 2020 for a Web-Based Time Study Service; and authorize the Chair to Sign. EXECUTIVE SUMMARY: As you know, we have contracted with Fiscal Experts, Inc. for a Web-Based Time Study Service since 2011. This system replaced the manual tracking previously used and allows for easy export of data to our state claiming systems. FISCAL IMPACT: __ None X Budgeted __Non-Budgeted Estimated Cost: $27,600.00 Amount Budgeted: $27,600.00 Additional Requested: 0 Annual Cost (if planned for future years): $27,600.00 FISCAL IMPACT (Narrative): There is no county cost associated with this contract. STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Approve the Contract Between the County of Lake and Fiscal Experts, Inc. in the Amount of $27,600 per Fiscal Year, from July 1, 2017 to June 30, 2020 for a Web-Based Time Study Service; and authorize the Chair to Sign.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Kathy Maes, Social Services Director DATE: April 25, 2017 SUBJECT: Approve Long Distance Travel for Section 8 Program Manager to Attend the Housing Choice Voucher Financial Management Training in St. Louis, Missouri May 9-11, 2017. EXECUTIVE SUMMARY: I am requesting Board approval to have Edgar Perez, Section 8 Program Manager, attend Housing Choice Voucher Financial Management training, which will be held in St. Louis, Missouri May 9-11, 2017. This training will address important topics such as HUD funding formulas, eligible use for funds provided, and requirements for cash management and investment of program funds. As you are aware, Section 8 is a Federal Program and therefore training opportunities in California are difficult to come by. As we have had turnover in a key position in our Housing Unit, it is imperative that we provide the training necessary to maintain the High Performance status we have attained throughout the years. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $2000.00 Amount Budgeted: $2,500.00 Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): There is no County cost associated with payment of this claim. STAFFING IMPACT (if applicable): None. ..Recommended Action RECOMMENDED ACTION: Approve long distance travel for Section 8 Program Manager to attend Housing Choice Voucher Financial Management training in St. Louis, Missouri, May 9-11, 2017. Thank you for your consideration.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Philip B. Moy, Water Resources Department Director DATE: April 25, 2017 SUBJECT: Consideration of a Resolution Amending Resolution No. 2016-145 Establishing Position Allocations for Fiscal Year 2016-2017, Budget Unit No. 8107, Water Resources EXECUTIVE SUMMARY: The newly established Water Resources Department is undergoing some personnel changes, including the recent loss of our office assistant (OA) through interdepartmental recruiting. The WRD is seeking to replace the OA with a Secretary II determined by HR as the appropriate administrative support position working directly with a department head. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $2,505 Amount Budgeted: $2,505 Additional Requested: $0 Annual Cost (if planned for future years): $48,921 FISCAL IMPACT (Narrative): Additional salary for the remainder of 2016-2017 will be covered with salary savings from vacant positions. Additional funds will be requested in budget year 2017-2018 STAFFING IMPACT (if applicable): NONE ..Recommended Action RECOMMENDED ACTION: Adopt the Resolution Amending Resolution No. 2016-145 Establishing Position Allocations for Fiscal Year 2016-2017, Budget Unit No. 8107, Water Resources

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carolyn Purdy, Assistant Clerk of the Board Philip B. Moy, Water Resources Department Director DATE: April 25, 2017 SUBJECT: 9:30 A.M. HEARING - (Continued from April 18, 2017) (a) Appeal of the Decision to Deny an Application for the event "Lakeport Sprint Boat Grand Prix" in Lakeport, Ca. on June 2 - 4, 2017 (Clear Lake Motorsports Enterprises) and (b) Consideration of Administrative Encroachment Permit #17-13 for the Lakeport Sprint Boat Grand Prix; and authorize the Chair to sign. EXECUTIVE SUMMARY: (a) At the request of Jack Long, President of Clear Lake Motorsports Enterprises, this hearing has been scheduled to appeal the decision by the Sheriff's Department to deny an application for the event "Lakeport Sprint Boat Grand Prix", to be held in the waters adjacent to Library Park in Lakeport, Ca. on June 2 - 4, 2017. Attached is the letter requesting the appeal and the event plan for your Board's consideration. (b) On June 2 - 4 2017, Clearlake Motorsports Enterprises will host a series high speed boat races collectively titled: Lakeport Sprint Boat Grand Prix. There will be some preparatory runs on June 2 with the majority of the lake activity and the races occurring on June 3 and 4. The event will require the Board to authorize closure of the portion of the lake proposed for the race course for the duration of the three-day event. The closure will also involve temporarily lifting the near shore 5 mph zone within the course off Lakeport. The trapezoidal course is proposed to be set with the outer perimeter 300 feet off the Lakeport shoreline extending east approximately 0.27 miles into the lake. The southwest corner of the course will be south of the 3rd street boat ramp, the northwest corner of the course will be about 400 feet north of the 5th street boat ramp as illustrated on the attached map. Your Board has the authority to grant this temporary closure pursuant to Section 11.3 of Chapter 23 of the Clear Lake Shoreline Ordinance. The ordinance allows the Board to authorize a closure if it finds that the proposed uses are appropriate but require special regulations or separation from other uses. In light of the scope of this event, the anticipated speed of the boats and the inherent risks associated with racing, staff believes that this event meets those criteria. The sponsor has agreed to several stipulations to assure public safety and to limit County liability associated with the event; these are described in the terms and conditions of the permit. 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: (a) The Board may grant the appeal, deny the appeal or grant the appeal with modified conditions. (b) Staff recommends that the Board consider for approval the closure in accordance with the attached Administrative Encroachment Permit.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Robert Massarelli, Community Development Director Prepared by: Mireya G. Turner, Associate Planner DATE: April 10, 2017 SUBJECT: Appeal of Planning Commission Denial of the Mitigated Negative Declaration, Major Use Permit and Design Review for Cross Development - Dollar General Store, Clear Lake Riviera; AB 17-02 APN 043-551-06, 07 & 47, Supervisor District 5 EXHIBITS: A. Appeal Form B. Appeal Form Attachment C. Planning Commission Staff Report Dated February 23, 2017 D. Planning Commission Minutes dated February 23, 2017 E. Public Comment since February 23, 2017 F. Geotechnical Engineering Report, dated December 23, 2013 G. Zoning Ordinance Article 41 General Standards, excerpt I. BACKGROUND Cross Development, LLC appeals the Planning Commission's February 23, 2017 denial of the Mitigated Negative Declaration, Major Use Permit and Design Review for the proposal to demolish an existing, vacant commercial building and construct an approximately 9,100 square foot general retail store (Dollar General) in the Clear Lake Riviera commercial district. Cross Development proposes the demolition of the existing �3,120 square foot multi-unit commercial structure and the construction of a �9,100 square foot building to house a Dollar General retail store. The project site is near the intersection of State Highway 281 and Point Lakeview Road, spanning three parcels, totaling �1.064 acres. The driveway is located on Point Lakeview Road. Cross Development proposes relocation of the driveway to a point further from State Highway 281, still on Point Lakeview Road. The project site is within the Clear Lake Riviera commercial area including Highway 281, Fairway Drive, Broadmoor Way and Point Lakeview Road. Twenty-five paved parking spaces, a trash enclosure, lighting, and a detention basin are proposed as part of the project. Landscaping is required throughout the unpaved areas. No pedestrian improvements along Point Lakeview Road are proposed. A Major Use Permit, Design Review and Initial Study (Environmental Review) are required for this project. Cross Development applied for the permit to construct an approximately 9,100 square foot retail store for Dollar General, which was denied by the Planning Commission on February 23, 2017. A timely appealed was received. Staff recommended that the Planning Commission find on the basis of the Initial Study IS 16-07 prepared by the Planning Division and the mitigation measures and conditions of approval which had been added to the project, that the use permit and design review as applied for by the Cross Development would not have a significant effect on the environment and therefore a mitigated negative declaration be issued with the findings in the staff report. Additionally, staff recommended that the Planning Commission find that the Design Review applied for by Cross Development on property located at 9781 Point Lakeview Road met the requirements of Section 54.5 of the Lake County Zoning Ordinance, and grant the Design Review. ENVIRONMENTAL ANALYSIS A CEQA Initial Study for this project was completed. Implementation of and compliance with project conditions of approval identified in the CEQA Initial Study as mitigation measures, as outlined below, would avoid or reduce potential impacts to less than significant levels. 1. AESTHETICS The Riviera Architectural Control and Planning Committee met with the applicant and their suggestions have been incorporated into the building elevations. If the project is approved, they will also review the final building plans and submit their comments to this department. Conditions are in place to ensure the landscaping signage and lighting will be mitigated to less than significant impacts. 2. AGRICULTURE AND FORESTRY RESOURCES No potentially significant impacts were identified. 3. AIR QUALITY Conditions are in place to mitigate any possible asbestos prior to demolition of the existing structure. Additionally, a permit will be required should backup generators be used. 4. BIOLOGICAL RESOURCES No sensitive species were noted within the project area. A California Department of Fish and Wildlife filing fee shall be required. 5. CULTURAL RESOURCES A cultural resource study was completed on April 13, 2016 with no cultural resources identified. Conditions are in place to immediately halt construction if any archeological materials are discovered during demolition or installation of irrigation. 6. GEOLOGY AND SOILS The project area is within an Alquist-Priolo Earthquake Fault Zone and the trace of an active fault is located approximately 60 feet east of the project building pad. A geotechnical engineering report was submitted. All recommendations in this report are incorporated into the project conditions. 7. GREENHOUSE GAS EMISSIONS No potentially significant impacts were identified. 8. HAZARDS & HAZARDOUS MATERIALS Conditions are in place to reduce potential impacts to less than significant. 9. HYDROLOGY & WATER QUALITY Conditions are in place to reduce potential impacts to less than significant. 10. LAND USE & PLANNING The project area consists of three legal lots of record. Each of these lots contains public utility easements and building setbacks established by the subdivision. Prior to the issuance of a building permit, the lots must be merged, the utility easements vacated and if needed, the building setback line must be corrected. 11. MINERAL RESOURCES No potentially significant impacts were identified. 12. NOISE Conditions are in place to mitigate any short-term noise impacts during construction. 13. POPULATION & HOUSING No potentially significant impacts were identified. 14. PUBLIC SERVICES A condition is in place to ensure the construction and project area comply with local and state fire protection regulations. 15. RECREATION No potentially significant impacts were identified. 16. TRANSPORTATION/TRAFFIC The proposed location of the new driveway increases traffic safety. Conditions are in place to ensure appropriate handicap access, as well as pedestrian and driver safety. 17. UTILITIES & SERVICE SYSTEMS Conditions are in place to address local agency requirements for both municipal water service and on-site wastewater system. DESIGN REVIEW FINDINGS The eight required findings for approval of a Design Review Permit are as follows. Alternatively modification of the application can be made and if modifications are not feasible then the application may be denied. 1. That the proposed use is a permitted use in the district where located. This site is zoned "Community Commercial" which allows for retail sales. 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 proposed project area consists of three parcels. Once the parcels are merged and the public utility easements are vacated, the size of the site will be adequate. The structure meets all setback requirements and the site plan includes the appropriate amount of parking. 3. That there are adequate public and private services, including but not limited to fire protection, water supply, and sewage disposal. The project proposes using municipal water, an on-site septic system and the fire district is able to provide fire protection services to this site. 4. That the project is in conformance with the applicable provisions and policies of this Chapter, the Lake County General Plan and any approved zoning or land use study or plan. With incorporated mitigations (listed below) the project is in conformance. CONDITIONS/MITIGATIONS: Build & Design 1. All landscaping and irrigation plans shall be submitted, installed and maintained for the life of the project as shown on the submitted plans. All Landscaping shall be consistent with the regulations and standards of Section 41.9 of the Lake County Zoning Ordinance and the Model Water Efficient Landscaping Ordinance (Government Code Section 65591 Et. Seq). All undeveloped areas as shown on the Landscape Plan shall be maintained in aggregate base and be kept free of weeds and litter for the life of the project. 2. All lighting shall be directed downwards onto the project site and not onto adjacent roads or properties. Lighting equipment shall be consistent with that which is recommended on the website: www.darkskyorg, and provisions of Section 21.41.8 of the Zoning Ordinance. 3. Prior to installation of all signage, detailed sign plans shall be submitted to the Community Development Department for review and approval. Signage shall be designed in accordance with Section 21-45.12 of the Zoning Ordinance. Total signage shall be limited to 130 square feet, and shall consist of a combination of a wall sign, roof, free standing or a projecting sign. 4. Prior to building permit submittal the Clear Lake Riviera Architectural Control and Planning Committee shall review the building permit application packet and their recommendations and/or approval shall be forwarded to the Community Development Department. 5. That the placement and design of buildings and structures are compatible with existing development and will not detract from the visual setting. The footprint of the building will exceed that of the current building. Its design is consistent with the neighboring businesses. Landscaping has been proposed to limit its visual impact to the area. 6. That the project is in conformance with any applicable community design manual criteria. Staff has determined that the project with incorporated mitigations meets all of the design criteria as specified in the Riviera Area Plan as most practicable. Please see above conditions/mitigations. 7. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. As proposed, the existing streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. 8. 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 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. The department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code. Significant public input was submitted against this project. The Planning Commission unanimously denied the project stating that despite the mitigation measures and conditions of approval which were added to the project, that the use permit, initial study and design review as applied for by Cross Development do not meet the requirements of Sections 51.4(a), findings 1,3 & 5 of the Lake County Zoning Ordinance, respectively, and will have a significant effect on the environment and therefore a mitigated negative declaration shall not be issued. Additionally they found that the Design Review applied for by Cross Development did not meet the requirements of Section 54.5(a), findings 4, 5, 6 & 7 of the Lake County Zoning Ordinance and that the Design Review be denied. Lake County Zoning Ordinance Section 51.4(a), findings 1, 3 and 5 are regarding the Major Use Permit. The Planning Commission found that the proposed project did not meet findings 1, 3 and 5 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 project does not fit the community due to the size of the proposed building and its single storefront use. It will also cause a negative economic impact on neighboring, similar-type businesses. The noise impacts of delivery and garbage trucks will be a noise nuisance in the immediate area. The proposed structure is an unsafe distance from a known fault line. Additional traffic to and from this parcel will negatively impact other users of Highway 281 and Point Lakeview Road. The lack of windows along the side of the building makes it inconsistent with other nearby commercial buildings. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. Highway 281 and Point Lakeview Road are not adequate to safely accommodate this type of general retail store at the proposed location. 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. The size of the proposed building and its lack of side windows make it inconsistent with the design guidelines as listed in the Rivieras Area Plan. Additionally, the proposed tenant does not meet the spirit and intent of the Rivieras Area Plan promoting small, local business. Lake County Zoning Ordinance Section 54.5(a), findings 4, 5, 6 and 7 are concerning the Design Review. This Planning Commission found that the Design Review did not meet findings 4, 5, 6 and 7 for following reasons: 4. That the project is not in conformance with the applicable provisions and policies of this chapter, the Lake County General Plan and any approved zoning or land use study or plan. The size of the proposed building and its lack of side windows make it inconsistent with the design guidelines as listed in the Rivieras Area Plan. Additionally, it does not meet the spirit and intent of the Rivieras Area Plan promoting small, local business, given that Dollar General is a national corporation. 5. That the placement and design of the buildings and structures are not compatible with existing development and will not detract from the visual setting for the following reasons: The size of the building and the lighting of the front signage will detract from the natural beauty of the scenic corridor. Additionally, the long side wall of the building lacks any windows, making it unattractive and inconsistent with the Riviera Area Plan Commercial Design Guidelines. 6. That the project is not in conformance with any applicable community design manual criteria. Please see above. 7. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. The proposal will create additional traffic to State Highway 281 and Point Lakeview Road. This additional traffic will negatively impact other traffic on those roads. II. APPEAL DISCUSSION The appeal form (BOS Exhibit A) provides a response to the Planning Commission denial of the Mitigated Negative Declaration, Use Permit and Design Review. The appellant asserts that the environmental concerns brought up during the Planning Commission hearing were fully analyzed in the Initial Study document and supported by the Geotechnical, Traffic and Economic Analyses. The appellant also asserts that findings can be made that the project is consistent with the Rivieras Area Plan in terms of color, landscaping, and the building construction, and explains that the building design presented to the Planning Commission reflected meetings with the public and the approval of the Clear Lake Riviera Architectural Control and Planning Committee. The appellant asserts the Planning Commission failed to take into account the development rights of the property owner. The purpose of the Community Commercial base zoning designation of the project site, as listed in the Zoning Ordinance is to provide a full range of commercial retail and service establishments to communities. Permitted uses include retail sales of food, appliances, auto parts, drugs, clothing, books, liquor, and on and off-sale beer and wine. A major use permit is required for this project due to the requested square footage exceeding 8,000 square feet. The appellant addressed other concerns of the Planning Commission with attachments to the appeal, including a traffic study and economic analysis of the project area. For more information regarding the proximity to the fault line, please see the attached geotechnical report (BOS Exhibit F). For more information on standards for noise due to product deliveries and garbage truck visits in commercially zoned areas, please see the attached excerpt from Article 41 of the Zoning Ordinance regarding General Standards (BOS Exhibit G). RECOMMENDED ACTION: III. RECOMMENDATION Staff recommends that the Board of Supervisors make a motion for an intended decision to approve the appeal of the Mitigated Negative Declaration, Use Permit and Design Review for UP 16-04, IS 16-07 and DR 17-02, denied by the Planning Commission on February 23, 2017, with the following findings: A. Adopt a mitigated negative declaration for UP 16-04 and DR 17-02 with the following findings: 1. Potential environmental impacts related to land use and aesthetics have been mitigated to insignificant levels by conditions section B. 2. Potential environmental impacts related to cultural and biological resources have been mitigated to insignificant levels by use permit conditions C. 3. Potential environmental impacts related to traffic have been mitigated to insignificant levels by use permit condition section D. 4. Potential environmental impacts related to utilities, services systems and public safety have been mitigated to insignificant levels by use permit conditions E. 5. Potential environmental impacts related to air quality and noise have been mitigated to insignificant levels by use permit conditions section F. 6. Potential environmental impacts related to geology, soils, hydrology, and water quality have been mitigated to insignificant levels by use permit conditions section G. 7. Potential environmental impacts related to timing and monitoring have been mitigated to insignificant levels by use permit conditions H. 7a. This project is consistent with land uses in the vicinity. 8. This project is consistent with the Lake County General Plan, Rivieras Area Plan and Zoning Ordinance with the incorporated mitigations and conditions of approval. 9. As mitigated, this project will not result in any significant adverse environmental impacts. B. Approve Use Permit UP 16-04 with the following findings: 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. 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. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific 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. 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. 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 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. C. With regards to Design Review Permit make the following findings: 1. That the proposed use is a permitted use in the district where located. 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. 3. That there are adequate public or private services, including but not limited to fire protection, water supply and sewage disposal. 4. That the project is in conformance with the applicable provisions and policies of this chapter, the Lake County General Plan and any approved zoning or land use study or plan. 5. That the placement and design of the buildings and structures are compatible with existing development and will not detract from the visual setting. 6. That the project is in conformance with any applicable community design manual criteria. 7. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. 8. 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 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. Sample Motion: Appeal Approval: I move that the Board of Supervisors make an intended decision to uphold Appeal AB 17-02 of the Planning Commission's denial and adopt a mitigated negative declaration, approve the Design Review DR 17-02 and Use Permit 16-04, as applied for by Cross Development on behalf of Dollar General. ..Recommended Action

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, Clerk of the Board of Supervisors DATE: April 25, 2017 SUBJECT: Consideration of staff recommendation to amend Article II, Section 2.2, subsection 2.2 of the Lake County Code, Office Hours of County Offices. EXECUTIVE SUMMARY: Consideration of staff recommendation to amend Article II, Section 2.2, subsection 2.2 of the Lake County Code, Office Hours of County Offices. As your Board recalls, recent events have required adjusting public office hours in some County departments. Your Board asked that staff review relevant County Ordinances, and propose adjustments to reflect the flexibility needed to address staffing challenges. The relevant Ordinance is Article II, Section 2.2, subsection 2.2 of the Lake County Code. Present language reads as follows: "2.2 Under extraordinary circumstances, County department heads shall be authorized to close offices to the public between the hours of 12:00 noon and 1:00 p.m. For purposes of this section, extraordinary circumstances exist when a temporary staffing shortage occurs due to position vacancies, employee illness, or other employee absences which result in the inability to provide continuous service to the public as described herein. Department heads shall make every reasonable effort to avoid such office closures." Staff is requesting your consideration and conceptual approval of this new language: 2.2 Under extraordinary circumstances, County department heads may request the approval of the Board of Supervisors to temporarily deviate from customary County office hours. If extraordinary circumstances persist at the close of the agreed period, department heads may request Board approval of an extension. Extraordinary circumstances exist when a temporary staffing shortage occurs due to position vacancies and or other employee absences, or a reduction in staffing, resulting in the inability to provide continuous service to the public as described herein. Department heads shall make every reasonable effort to avoid such office closures. 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: Staff is requesting conceptual approval to amend Article II, Section 2.2, subsection 2.2 of the Lake County Code. With direction from your Board, staff will then draft proposed changes to the Ordinance and return at a later date for formal approval.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, County Administrative Officer DATE: April 25, 2017 SUBJECT: Consideration of Agreement for Indigent Defense Services EXECUTIVE SUMMARY: Pursuant to the direction of your Board, staff has prepared the attached Agreement for Indigent Defense services with Lake Indigent Defense (LID) for your consideration. As your Board described during discussion on March 28, 2017, a significant function of LID under this Agreement will be working in a liaison capacity over this program. I will administer this Agreement on behalf of the County and I will schedule the Public Defender Oversight Committee (PDOC) meetings as discussed in 2.R. As per this provision, the PDOC will meet monthly with LID, during the first six months of services to assess LID's ability to comply with the performance requirements of the Agreement. At the end of this first six months, I may appoint one of my deputies to administer this Agreement, depending upon the status at that time. LID will provide up to 7 conflict levels for individual indigent defendants in felony cases and up to 12 conflict levels for individual indigent defendants for misdemeanor cases. Pursuant to Section 2.S., J. David Markham shall serve as the primary point of contact for LID's work under the term of the Agreement. LID's original cost proposal was for a total of $1,320,000 although in said proposal, LID indicated an exception to one of the requirements of the Request for Proposal (RFP). In light of this, staff requested that LID reduce its cost proposal by 2%, to $1,300,000. However, LID was not receptive to staff's request and refused to make any adjustment. FISCAL IMPACT: __ None _X_Budgeted (For FY 16/17) __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): $1,036,000 - Former Contractor / $1,320,000 - Lake Indigent Defense FISCAL IMPACT (Narrative): As your Board is aware, for many years, indigent defense services have been provided by another firm at a cost which is considerably less than what LID has proposed. Although Fiscal Year Budget 17/18 is still in the developmental stages, an additional $284,000 over prior Fiscal Year 16/17 will be needed to fund the LID Agreement. STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Approve Agreement between the County of Lake and Lake Indigent Defense (LID), for Indigent Defense Services and Authorize the Chair to Sign.

MEMORANDUM TO: Board of Supervisors FROM: Robert Massarelli, AICP Lake County Community Development Director DATE: April 25, 2017 SUBJECT: (Continued from April 18, 2017) - (a) Consideration of At-Cost Project Reimbursement and Indemnity Agreement; (b) Consideration of Request for Proposals for the Guenoc Valley Environmental Impact Report; and (c) Consideration of Resolution Amending Resolution No. 2016-145 Establishing Position Allocations for Fiscal Year 2016-2017 BU No. 2702 Planning. EXECUTIVE SUMMARY: As you may know much of the Langtry/Guenoc Valley property has been recently purchased. The new owner has contacted the Community Development Department regarding the permit approval process. While the plans for the property are still under development, the intent is to implement the concept described in the Special Area Study for Langtry/Guenoc in the Middletown Area Plan. It is anticipated that the approval process will include an intensive pre-application stage, processing several applications included possible general plan amendments, area plan amendments, rezoning, master plan of development, and specific plans of development, as well as the preparation of an Environmental Impact Report (EIR). (a) The Master Fee Resolution provides that the cost associated with processing applications will be reimbursed with an initial fee. For costs exceeding the initial fee, the applicant will be charged on an hourly basis for staff time as well as expenses. Due to the significant commitment of staff resources and the expenses of outside consultants, the staff is recommending an at-cost agreement to protect the county (attached). The agreement provides that the applicant will deposit a fixed amount of money which will be charged against. When the fund is 60% expended the applicant will be required to bring the fund back to the fixed amount. The fixed amount has different values depending on the stage of the project, i.e pre-application phase, when the applications are submitted, and when the contract is signed with the EIR consultant. (b) The EIR is expected to be a very comprehensive study, beyond the capabilities of the staff. Therefore it is recommended that the County retain a consultant to prepare the EIR. Attached is a request for proposals for such consultant services. The costs for the EIR is not known at this time but is expected to be in the high six figures. Those costs will be paid by the applicant. (c) Due to the scale of this project additional staffs will be required. A Senior Planner is needed to manage the consultant responsible for the EIR, reviewing all work products, reviewing all invoices, ensuring compliance with the contract, coordinating all CEQA related meetings and public involvement, answer questions form the applicant and the public, and coordinating with other County departments such as Water Resources and Air Quality. An Associate Planner is required to manage all permit applications, complete sufficiency reviews, prepare staff reports, schedule all meetings, answer questions from the applicant and the public and completely understand all past approvals related to the property. Most if not all of the positions time will be project related and therefore costs will be reimbursed by the applicant. If there is any time that they are not charging to the project, there are plenty of other applications that they can be involved with. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: (a) $250,000 deposit for FY 2017 (c) $67,468 per year Amount Budgeted: (c) $67,468 FY 17/18 Budget Requested Additional Requested: Annual Cost (if planned for future years): ..Recommended Action RECOMMENDED ACTION: (a) Approve At-Cost Project Reimbursement and Indemnity Agreement Between the County of Lake and Lotusland Investment Holdings, Inc. and Authorize the Chair to Sign; (b) Approve Request for Proposals for the Guenoc Valley Environmental Impact Report (EIR); and (c) Adopt Resolution Amending Resolution No. 2016-14 Establishing Position Allocations for Fiscal Year 2016-2017 BU No. 2702 Planning.