Board Of Supervisors — Tuesday, April 23, 2019

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Todd Metcalf, B.S. Behavioral Health Services Administrator DATE: April 23, 2019 SUBJECT: (a) Waive the formal bidding process, pursuant to Lake County Code Section 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 Redwood Community Services, Inc. for the Family Stabilization Program Provided at The Nest for Fiscal Year 2018-19 and authorize the Board Chair to sign the Agreement. EXECUTIVE SUMMARY: Attached, for your approval, is the Agreement between the County of Lake and Redwood Community Services, Inc. (RCS) for the Family Stabilization Program for Fiscal Year 2018-19. Under the Agreement, Lake County Behavioral Health Services (LCBHS) is obligated to pay a maximum contract amount of $80,000. BACKGROUND AND DISCUSSION: RCS has continually serviced Lake County residents through their Foster Care programs and the Lake County Wraparound Program. LCBHS chooses to continue to support RCS to provide the Lake County Family Stabilization Program. As LCHBS has had a successful working relationship with RCS and would like to continue this working relationship, LCBHS is requesting to waive the formal bidding process pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Contract Amount: $80,000 Amount Budgeted: $80,000 FISCAL IMPACT (Narrative): The total amount budgeted for the Family Stabilization Program for Fiscal Year 2018-19 is $80,000 of which LCBHS is requesting approval of the Agreement with RCS for a contract maximum of $80,000. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: (a) Waive the formal bidding process, pursuant to Lake County Code Section 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 Redwood Community Services, Inc. for the Family Stabilization Program Provided at The Nest for Fiscal Year 2018-19 and authorize the Board Chair to sign the Agreement.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Todd Metcalf, B. S. Behavioral Health Services Administrator DATE: SUBJECT: Adopt the Resolution Approving the Amendment to the Memorandum of Understanding between County of Lake and Partnership Health Plan of California (PHC) and Authorize the Behavioral Health Services Administrator to sign the Amendment to the Memorandum of Understanding. EXECUTIVE SUMMARY: PHC serves as the Managed Care Organization for Medi-Cal beneficiaries in Lake County. As such they are responsible for ensuring access to primary health care services for this population. Lake County Behavioral Health Services (LCBHS) serves as the Medi-Cal Managed Care provider for Specialty Mental Health Services through an agreement with the Department of Health Care Services. PHC and LCBHS have reviewed our existing responsibilities under our separate agreements to provide services to Medi-Cal beneficiaries. The original document: "Memorandum of Understanding between County of Lake and Partnership Health Plan of California" was created to describe the services provided by the respective agencies and to outline protocols for the mutual referrals of clients. This protocol will not create additional responsibilities for either party so there is no anticipated financial impact. This Amendment to the MOU with effective date of July 1, 2019 includes changes to the supplemental substance abuse fee schedule and adds an updated Attachment D, titled "Supplemental Substance Abuse Benefit Description" and allows for the addition of Section 9.18, "Compliance with Agreement" which discusses possible administrative and/or financial sanctions and/or penalties against County if County is out of compliance with the original Agreement or any subsequent Amendments. As there is no anticipated fiscal impact, and no additional duties are required of LCBHS, we are seeking Board of Supervisor review and approval of this document as it represents a formal protocol for inter-agency collaboration that will impact many citizens of Lake County. FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted FISCAL IMPACT (Narrative): There is no fiscal impact. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: Adopt the Resolution Approving the Amendment to the Memorandum of Understanding between County of Lake and Partnership Health Plan of California (PHC) and Authorize the Behavioral Health Services Administrator to sign the Amendment to the Memorandum of Understanding.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Todd Metcalf, BS Behavioral Health Services Administrator DATE: April 23, 2019 SUBJECT: Approve Amendment 1 to the Agreement between the County of Lake and Restpadd, Inc. for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Hospitalizations for Fiscal Year 2018-19 and authorize the Board Chair to sign the Amendment. EXECUTIVE SUMMARY: Attached, for your approval, is Amendment 1 to the Agreement between the County of Lake and Restpadd, Inc. for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Hospitalizations for Fiscal Year 2018-19 in the amount of $220,000. BACKGROUND AND DISCUSSION: Restpadd, Inc. provides emergency inpatient psychiatric services to clients referred by Lake County Behavioral Health Services (LCBHS) who require emergency inpatient psychiatric interventions to treat a psychiatric crisis or other acute mental health problem. These services are available in a 24-hour care, non-hospital setting to referred adults in order to focus on a program of prompt intervention, assessment, and stabilization of the individual's psychiatric cries/episode either voluntarily or involuntarily. Due to increased utilization at this facility, and to ensure enough funds are available to meet these obligations, LCBHS is requesting an increase of $70,000 for a new contract maximum of $220,000. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Original Contract Amount: $ 150,000 Amendment 1 Increase: $ 70,000 New Contract Amount: $ 220,000 / FISCAL IMPACT (Narrative): LCBHS is requesting approval of Amendment 1 to the Agreement for an increase in the total maximum payable under the Agreement in the amount of $70,000 for a new contract maximum of $220,000. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: Approve Amendment 1 to the Agreement between the County of Lake and Restpadd, Inc. for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Hospitalizations for Fiscal Year 2018-19 and authorize the Board Chair to sign the Amendment.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: April 23, 2019 SUBJECT: Approve Amendment One to the Agreement for Construction Management Services for Robinson Creek Bridge at Mockingbird Lane with MGE Engineering, Inc. in the amount of $20,956.46 with a new contract not-to-exceed total of $261,943.36 and authorize the Chair to sign EXECUTIVE SUMMARY: On June 5, 2018, the Department of Public Works entered into an agreement with MGE Engineering, Inc. (MGE) for construction management services for the replacement of Robinson Creek Bridge at Mockingbird Lane (14C-0086). For your Board's consideration is Amendment One to that contract, which provides for the cost of additional inspection services, and increases the contract amount by $20,956.46 to a new not-to-exceed total of $261,943.36. The additional work performed by MGE was related to the contractors accelerated schedule, which was required because of the following delays: Biological monitoring survey prior to the demolition of existing bridge led to the discovery of an active pacific-slope flycatcher (Empidonax difficilis) nest, under the bridge, containing two (2) chicks. Consultation with the California Department of Fish & Wildlife (CDFW), as required by the Streambed Alteration Agreement, resulted in establishment of a 100-foot non-disturbance buffer zone around the nest where no construction activity would be permitted until the chicks had fledged. As a result, all construction activities were halted effective July 11, 2018. On July 25, 2018, a subsequent biological monitoring survey confirmed that the nest was no longer active; however, it led to the discovery of approximately fifteen (15) bats (Myotis sp.) and one (1) big brown bat (Eptesicus fuscus) roosting in a crevice under the existing bridge deck. CDFW required that a Bat Exclusion Plan be submitted and then implemented upon approval. Subsequent to the discovery of the bats, but prior to the implementation of the Bat Exclusion Plan, a mandatory evacuation order for the Mendocino Complex Fire was issued, which continued the work stoppage through August 12, 2018. After the mandatory evacuation order for the Mendocino Complex Fire was lifted for the project area, the Bat Exclusion Plan was implemented and construction activities resumed. CDFW Streambed Alteration Agreement requires that all in-channel activities be completed by October 15, 2018. Therefore, the construction schedule needs to be accelerated in order to make up for the lost time due to the shut-downs for nesting birds, roosting bats, and the fire evacuation. This accelerated schedule required additional hours of inspection due to longer work days and more work days per week (Saturdays). 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. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: 20,956.46 Amount Budgeted: 261,943.36 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 Approve Amendment One to the Agreement for Construction Management Services for Robinson Creek Bridge at Mockingbird Lane with MGE Engineering, Inc. in the amount of $20,956.46 with a new contract not-to-exceed total of $261,943.36 and authorize the Chair to sign.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: April 23, 2019 SUBJECT: Adopt Resolution to Establish a list of Projects Proposed to be Funded in FY 2019/2020 Pursuant to the Road Repair and Accountability Act of 2017 (SB1) EXECUTIVE SUMMARY: The Road Repair and Accountability Act of 2017 (SB1) provides additional funding for basic road maintenance and rehabilitation. On-half of the funding generated from SB1 is allocated to cities and counties with the remaining 50% being retained by the State. For FY 2019/2020 Lake County is expected to receive approximately $2,500,000 which has been appropriated in the FY 2019/20 adopted budget. Although the adopted budget reflects this revenue estimate, actual receipt of this funding is subject to the State's approval of a proposed project list that has been formally established pursuant to a Board adopted Resolution. The Resolution establishes the required project list. FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): The additional revenue from SB1 is already reflected in the Adopted Budget. STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Adopt Resolution to Establish a list of Projects Proposed to be Funded in FY 2019/2020 Pursuant to the Road Repair and Accountability Act of 2017 (SB1).

..Title ..Body MEMORANDUM TO: Tina Scott, Chair, Board of Supervisors FROM: Brian L. Martin, Sheriff/Coroner DATE: April 2, 2019 SUBJECT: Approve Letter of Agreement between the Lake County Sheriff's Office and the Drug Enforcement Administration (DEA) of the United States Department of Justice (DOJ) in the amount of $210,000 for the period October 1, 2018 to September 30, 2019; and authorize Sheriff to sign the Agreement and Chair to sign Workplace Certifications and Grant Assurances EXECUTIVE SUMMARY: The Sheriff's office requests approval of the Drug Enforcement Administration Marijuana Eradication Agreement for federal fiscal year 2018/19. This agreement is in the amount of $210,000. These funds will be allocated in the FY2019/20 Sheriff/Marijuana preliminary budget request for Budget Unit 2203. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): Monies in the amount of $210,000 will be budgeted in the Sheriff/Marijuana budget unit 2203 to be used for marijuana eradication STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: Approve Letter of Agreement between the Lake County Sheriff's Office and the Drug Enforcement Administration (DEA) of the United States Department of Justice (DOJ) in the amount of $210,000 for the period October 1, 2018 to September 30, 2019; and authorize Sheriff to sign the Agreement and Chair to sign Workplace Certifications and Grant Assurances.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: CRYSTAL MARKYTAN, SOCIAL SERVICES DIRECTOR DATE: April 23, 2019 SUBJECT: Approve Contract between the County of Lake and People Services for yard maintenance in the amount of $9,234.33 annually, terminating June 30, 2021, and authorize the Chair to sign EXECUTIVE SUMMARY: People Services has been doing yard maintenance for two Social Services facilities since September 1999. We are extending the term of our contract with them for an additional three years. FISCAL IMPACT: __ None x Budgeted __Non-Budgeted Estimated Cost: $9234.33 Amount Budgeted: $9234.33 Additional Requested: $ 0 Annual Cost (if planned for future years): $9,234.33 FISCAL IMPACT (Narrative): There is no County cost associated with this lease agreement. STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Approve Contract between the County of Lake and People Services for yard maintenance in the amount of $9,234.33 annually, terminating June 30, 2021, and authorize the Chair to sign. Thank you for your consideration. Attachment: Contract for People Services, Inc. V-3

..Title ..Body MEMORANDUM TO: Tina Scott, Chair, Board of Supervisors FROM: Brian L. Martin, Sheriff/Coroner/OES Director DATE: April 23, 2019 SUBJECT: Consideration of Continuing a Proclamation of a Local Emergency due to an Atmospheric River Event 2019 EXECUTIVE SUMMARY: An Atmospheric River Event has caused significant rain, flooding and damages to Lake County resulting in the declaration of a local emergency proclaimed by the Lake County Sheriff/Director of Emergency Services, Brian L. Martin, on February 27, 2019. The Board of Supervisors must confirm the existence of a local emergency within seven (7) days of that date. The existence of the emergency has arisen since the posting of the current agenda and the emergency conditions necessitate this matter be taken up as soon as possible. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): Unknown STAFFING IMPACT (if applicable): Unknown ..Recommended Action RECOMMENDED ACTION: The Sheriff's Department recommends: Continuing a Proclamation of a Local Emergency due to an Atmospheric River Event 2019

..Title ..Body MEMORANDUM TO: HONORABLE BOARD OF SUPERVISORS FROM: Brian Martin, Sheriff/Director of Emergency Services DATE: April 23, 2019 SUBJECT: Consideration of Continuing a Proclamation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires); and (b) Update on the Mendocino Complex - River and Ranch Fires Recovery EXECUTIVE SUMMARY: Wildland fires known as the River Fire and the Ranch Fire erupted in Mendocino County on July 27, 2018, with considerable forward movement into Lake County causing extreme peril and leading to the evacuation of thousands of Lake County residents. As a result of the occurrence of the River and Ranch Fires, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on July 28, 2018. The declaration needs to be re-considered and confirmed by your Board once every 30 days to stay 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): None STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Sheriff Martin, as the County Director of Emergency Services, respectfully requests that your Board continue the Proclamation of a Local Emergency for the Mendocino Complex Fire.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Brian Martin, Sheriff-Coroner-Director of Emergency Services DATE: April 23, 2019 SUBJECT: Consideration of Continuing a Proclamation of a Local Emergency due to the Pawnee Fire Incident EXECUTIVE SUMMARY: A wildland fire known as the Pawnee Fire began in Lake County on June 23, 2018, originating in the Spring Valley area of Clearlake Oaks, CA, forcing area-wide evacuations, destroying multiple structures and burning 15,000+ acres. As a result of the occurrence of the Pawnee Fire, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on June 24, 2018. The Board of Supervisors must confirm the existence of a local emergency within seven (7) days of that date and every thirty (30) days thereafter. 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: Sheriff Martin, as the County Director of Emergency Services, respectfully requests that your Board continues the Proclamation of a Local Emergency Due to the Pawnee Fire Incident.

..Title ..Body MEMORANDUM TO: HONORABLE BOARD OF SUPERVISORS FROM: BRIAN MARTIN, Sheriff-Coroner-Director of Emergency Services DATE: April 23, 2019 SUBJECT: (a) Consideration of Continuing a Proclamation of a Local Emergency due to the Sulphur Fire Incident; and (b) Discussion and Consideration of Anti-Gouging Ordinance EXECUTIVE SUMMARY: A wildland fire known as the Sulphur Fire began in Lake County on October 9, 2017 at approximately 12:55 a.m., originating in the Clearlake Oaks area and progressing on to Clearlake and surrounding areas, destroying structures and burning 1800+acres. As a result of the occurrence of the Sulphur Fire, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on October 9, 2017. The declaration needs to be re-considered and confirmed by your Board once every 30 days to stay 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): N/A STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: Consideration of Continuation of a Proclamation of a Local Emergency Due to the Sulphur Fire Incident

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Brian Martin, Sheriff/Coroner DATE: April 23, 2019 SUBJECT: Consideration of Continuing a Proclamation 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. ..Recommended Action RECOMMENDED ACTION: Consideration of Continuing a Proclamation of a Local Emergency due to Clayton Fire.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Denise Pomeroy, Health Services Director DATE: April 23, 2019 SUBJECT: Consideration of Continuing the Declaration of a Local Health Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transportation, and Disposal of Fire Debris for the Mendocino Complex Fire EXECUTIVE SUMMARY: Staff requests your Board consider continuing the Declaration of a Local Health Emergency and Order Prohibiting the Endangerment of the Community through Unsafe Removal, Transportation, and Disposal of Fire Debris for the Mendocino Complex Fire. Should you have any questions, or require additional information, please contact myself or Dr. Erin Gustafson Interim Health Officer at 263-1090. Thank you for your consideration. 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: Your Board's approval is requested and recommended.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, County Administrative Officer DATE: April 23, 2019 SUBJECT: Consideration of Responses to the Bureau of Indian Affairs Invitation to Provide Comment on the Habematolel Pomo of Upper Lake's Land Acquisition Application EXECUTIVE SUMMARY: On April 1, 2019, the County received a Notice from the Bureau of Indian Affairs (Bureau) inviting comment on the Habematolel Pomo of Upper Lake's (Tribe) application to move a parcel into trust. The Bureau requested information on property taxes, assessments, government services provided, and potential zoning consistency. The accompanying information indicates that the Secretary of the Interior will consider factors such as the purpose for which the land will be used; the impacts on local government of removing said properties from the tax rolls; and jurisdictional problems and potential conflicts of land use that may arise. Staff's comments are intended to ensure that any potential demands on infrastructure and services will continue to be met for constituents throughout the area. The Bureau's recent invitation to comment represents the first, and possibly only, opportunity for the County to address potential concerns. After careful review by staff, the County does not foresee any significant impact beyond a loss of revenue. The notice received indicates that the Tribe's intention is to retain the existing use of the property. This use is described as housing Tribal government and related programs. No further development is planned, preserving the existing character of the area. Based off this assertion, with the Main Street area in Upper Lake being zoned Commercial, the use described appears to be consistent with current zoning and land uses. 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 recommends that your Board approve the proposed response to the Bureau's invitation to provide comments, authorizing the Chair to sign.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, County Administrative Officer DATE: April 23, 2019 SUBJECT: PUBLIC BID OPENING - Consideration of Bids to Purchase the Property Located at 8695 Soda Bay Road in Kelseyville California (APN 009-002-430) EXECUTIVE SUMMARY: On December 4, 2018 your Board declared by Resolution that the property located at 8695 Soda Bay Road, Kelseyville, California (APN 009-002-430) was surplus to the needs of the County and set a minimum bid price of $88,500 as well as establishing appropriate terms and conditions including payment of a real estate broker commission. On February 26, 2019 your Board approved Resolution 2019-23 which extended the date for consideration of written and oral bids from March 5, 2019 to March 26, 2019 allowing adequate time for public noticing. Pursuant to Government Code � 25530 and 25531, all written bids shall be publicly opened, examined, and declared by the Board and before accepting any written bid, the Board shall call for oral bids. Oral bids are subject to the same terms and conditions as written bids and must exceed the highest responsible written bid by 5 percent and subsequent oral bids must also exceed the previous oral bid by 5 percent. The highest bid, whether written or oral, from a responsible bidder which conforms to all terms and conditions previously specified shall be finally accepted or the Board may reject all bids. In determining which is the highest sealed proposal, the Board shall not subtract therefrom the commission, if any, which the proposal provides shall be paid to a licensed real estate broker. If your Board should accept a final bid, an earnest money deposit of 4 percent of the purchase price shall be deposited in an escrow account by the winning bidder by 2:00 P.M. on, August 14, 2018. The earnest money deposit shall be refundable only within the first 30 days of escrow. 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 recommends that the Board consider written and oral bids to purchase the property located at 8695 Soda Bay Road in Kelseyville California (APN 009-002-430) and accept the Highest Responsible Bidder in Compliance with the Terms and Conditions Stated in Resolutions 2018-165 & 2019-23.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Michalyn DelValle, Community Development Director Mark Roberts, Senior Planner DATE: April 23, 2019 SUBJECT: Appeal to Board of Supervisors, AB 19-01 of Planning Commission's Approval of Major Use Permit, UP 18-01 and Initial Study, IS 18-06 (Horizon Telecommunication Tower) Supervisorial District 5 EXHIBITS: A. Vicinity Map B. Appellant Appeal Packet, AB 19-01 C. Planning Commission Staff Report with Attachments dated January 24, 2019 D. Documents received during January 24, 2019 Planning Commission meeting E. Draft Planning Commission Minutes from January 24, 2019 F. Horizon Tower Response to Appeal AB 19-01 G. Biological Resource Assessment dated May 2018; prepared by Synthesis Planning. H. Proposed Conditions of Approval EXECUTIVE SUMMARY: The appellant, Aurelia Johnson is appealing the decision made by the Planning Commission on January 24, 2019, to approve Use Permit, UP 18-01 which would allow the development of an 85 foot tall unmanned Broad Leaf Mono-Tree Wireless Telecommunication Tower located at 9475 Mojave Trail, Kelseyville. Background and Previous Actions: On January 24, 2019, the Planning Commission found the project, with the incorporated mitigation measures in Initial Study, IS 18-06 would not have a significant impact on the environment, and adopted a Mitigated Negative Declaration. The Applicant, Horizon Tower L.P.II, proposes to install a 85 foot tall unmanned Broad Leaf Mono-Tree Wireless Telecommunication Tower an approximately 39.5 acre parcel adjacent to Clear Lake Riviera Subdivision, Units 10, 11, and 12. The tower would be constructed to enable colocation of up to four telecommunication service providers, eliminating the need for several towers in separate locations and expanding telecommunication capacities. The proposed telecommunication tower ancillary facilities include outdoor equipment structures which would be placed on one of four 12 ft. X 25 ft. (300 square foot) sections contained within a concrete pad totaling 2,500 square feet. The tower and ground based leased areas would be enclosed within a six foot (6') chain-link fence. The electric and telephone utilities would be routed to the accessory equipment from nearby points of connection. Some grading is anticipated to clear dense brush for the site and a fire access hammer head turn around. The site is currently accessible by an existing eight foot (8') to twelve foot (12") wide private dirt/gravel access easement/road, which would be increased to the required minimum of twenty foot (20') easement with a minimum of ten feet (10') improved surface. Access to the project parcel is through Mojave Trail, a 105 foot County maintained road, continuing as a private driveway at the boundary of the project parcel. According to the applicant a technician of each of the four possible providers would conduct a monthly site visit to ensure the facility is in working order and perform any necessary repairs/maintenance. A back-up generator is not proposed with this project, but may be requested by the individual service providers, as part of their building permit for equipment installation and maintenance. Once construction begins, it would take approximately ninety (90) days to complete all development. Appeal Discussion: A timely appeal was filed on January 31, 2019 with the Community Development Department. According to the appellant's statements, the reasons for the appeal include but are not limited to the following: (Exhibit B) a) Prejudicial placement during public hearing for project, January 24, 2019. * County employees and Horizon/cell industry representative were seated at actual tables with use of projector and were directly in front of the Supervisors. * The appellants' were required to sit in the general audience seating. Citation California Law and Civil procedure Code Section 1094.5 and possibly 1094.6. Response: Staff and the applicant presented on the item. The general public were given the opportunity to speak and voice their concerns during the public comment. b) Concern with cultural resource protection. * Lack of survey information in Initial Study, IS 18-06 * Only information found with regards to cultural resources is attached letter from Youcha DeHe Wintun Nation out of Cache Creek, dated August 27, 2018 which declines any comment on the project. Pomo Indians are the aboriginal inhabitance in our territory. The letter as an exhibit is not a valid citation. * Response: A Request for Review for Sufficiency was sent on February 6, 2018, to the Northwest Information Center at Sonoma State University (NWIC), and to the following tribes: * Big Valley Rancheria * Elem Colony * Koi Nation * Middletown Rancheria * Redwood Valley Rancheria * Robinson Rancheria * Scotts Valley Band of Pomo * Upper Lake Habematolel Responses were received from the following (Refer to Exhibit C - PC Packet, Attachment 6) * Northwestern Information Center - Per their comments dated February 14, 2018 their office has no record of any previous cultural resources studies for the proposed project area, therefore they have recommended a study prior to commencing of activities and/or the lead agency contact the local Native American tribes. o The Request for Review was sent on February 6, 2018 to various Federal, State and local agencies, including all surrounding Tribal Agencies for commenting/concerns. o As discussed in Initial Study, IS 18-06, a records search and site visit were conducted by Archaeological Resources Technology (ART), with a report dated January 8, 2018. According to ART, the field survey and survey with photographic reconnaissance conducted on December 28, 2017 determined that no cultural soils and/or materials were observed. Also, based on the finding and recommendation from ART, there are no known prehistorical and/or NR-eligible historic resources within or within 250 feet of the project area. * Koi Nation - Per their comments dated February 6, 2018 they are not interested in the project. * Redwood Valley Rancheria - Per their comments dated August 16, 2018 they defer comments and concerns to Big Valley and Scott valley Tribes. We did not received any comments from those two tribal agencies. * Yocha Dehe - Per their comments dated August 27, 2018 the project area in not within aboriginal territories, therefore they decline to comment. Additionally, once the Initial Study is complete, the Community Development Department sent out a Notice of Intent (NOI) on August 15, 2018 for a 30 days commenting period which allows the general public and various governmental agencies to comment on the environmental documents. (The Notice of Intent was sent to the State Clearing House, various Federal, State and local agencies including the local tribal organizations and the surrounding property owners with 725 feet of the project parcel). However, in keeping with CEQA Guidelines, if archaeological resources are uncovered during construction, work at the place of discovery should be halted immediately until a qualified archaeologist can evaluate the finds [�15064.5(f)]. Therefore, with the following mitigation measure, the impacts would be less than significant. * CUL-1: Should any archaeological, paleontological, or cultural materials be discovered during vineyard development, all activity shall be halted in the vicinity of the find(s), and a qualified archaeologist retained to evaluate the find(s) and recommend mitigation procedures, if necessary, subject to the approval of the Community Development Director. Should any human remains be encountered, they shall be treated in accordance with Public Resources Code Section 5097.98. c) Lack of consideration to wildlife in the area. * See report from Eklipse project, World Wide Web conference January 22-25, 2018. A report was given to planning commission at public hearing, on January 24th from Aurelia Johnson. * A letter from the Department of the Interior from February 7, 2014, criticizes the FCC's radiation safety guidelines stating, "The electromagnetic radiation standards use by the FCC which continue to be based on thermal hearing, a criterion now nearly 30 years out of date and inapplicable today." Response: A Biological Assessment was prepared by Synthesis Planning; dated May of 2018. The purpose of the Biological Assessment is to provide technical information and to review the proposed study area and the potential impacts it may have on sensitive species. The report includes but is not limited to the following: (Refer to Exhibit G for details) Wetland and Waters of the U.S and State A Delineation of Wetlands and Watercourses was completed by "Synthesis Planning Wetland Ecologist" during March of 2018. According to "Synthesis Planning" there were no intermittent streams, ponds, and/or wetlands identified within the study area. Vegetation Communities: According to the Biological report, there are two (2) vegetation community types observed within the study area. 1) Chaparral and 2) Ruderal Vegetation. Wildlife Habitats Wildlife habitat classifications for this report is based on the CA Department of Fish and wildlife Habitat Relationships Systems which places an emphasis on dominant vegetation, vegetation diversity and physiographic character is the habitat. As a plant and/or vegetation community is degraded by loss development and/or natural causes, it often results in a reduction of Wildlife Species diversity. * Pallid Bat & Townsend Big eared Bats: According to the Biological Assessment, no individual bat were observed during the biological surveys and no documented sightings of these species have been recorded within the project area. * Critical habitat: According to the Biological Assessment, no critical habitat was identified within the proposed project site or buffer area (USFWS 2018). * Special Status natural Communities: According to the Biological Assessment, no special status natural communities were identified within the proposed project site or buffer area during the file investigation. The proposed project has included twelve (12) mitigation measures that would reduce all potential impacts to less than significant. The mitigation measure are as follows: (Refer to Exhibit H for details) * BIO-1: Any ground disturbing activities that during the breeding season of migratory avian or raptor species (February through mid-September), applicant shall have a qualified biologist conduct surveys for active nests no more than ten (10) days prior to start of activities. Pre-construction nesting surveys shall be conducted for nesting migratory avian and raptor species in the project site and buffer area. Pre-construction biological surveys shall occur prior to the proposed project implementation, and during the appropriate survey periods for nesting activities for individual avian species. Surveys will follow required CDFW and USFWS protocols, where applicable. A qualified biologist shall survey suitable habitat for the presence of these species. If a migratory avian or raptor species is observed and suspected to be nesting, a buffer area will be established to avoid impacts to the active nest site. Identified nests should be continuously surveyed for the first 24 hours prior to any construction-related activities to establish a behavioral baseline. If no nesting avian species are found, project activities may proceed and no further Standard Construction Conditions measures will be required. If active nesting sites are found, the following exclusion buffers will be established, and no project activities will occur within these buffer zones until young birds have fledged and are no longer reliant upon the nest or parental care for survival. o A Minimum no disturbance of 250 feet around active nest of non-listed bird species and a 250 foot no disturbance buffer around migratory birds. o A minimum no disturbance of 500 feet around activeness of non-listed raptor species. o A 0.5 (1/2 mile) no disturbance buffer from listed species and fully protected species until breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival. o Once work commences, all nest shall be continuously monitored to detect any behavioral changes as a result of project activities. If behavioral changes occur, the work causing these changes shall cease and the applicant shall contact the appropriate agencies (i.e. CA Dept. of Fish & Wildlife, US Fish and Wildlife Services) shall be consulted for additional avoidance and minimization measures. o A variance for these "no disturbance buffers" may be implemented when there is compelling biological and/or ecological reasons. Variance from these buffers is advised to be supported by a qualified Wildlife biologist and the Ca Dept. of Fish & Wildlife and US Fish & Wildlife Services shall be notified in advanced of implementation of a no disturbance buffer. * BIO-2: Prior to issuance of any permits, the applicant shall submit a Best Management Plan (BMPs) to the Community Development for review and approval. Said plan shall use best management practice to avoid debris cross contamination into drainages and other sensitive wildlife habitats. * BIO-3: The applicant shall ensure all personnel working in the field, have completed an Environmental Awareness Training. Said training shall consist of a brief presentation in which a qualified biologist knowledgeable of the endangered species biology and legislative protection explain the endangered species concerns, including special plants status and sensitive wildlife species to ensure the protections of these species and their habitats. * BIO-4: A qualified botanist will conduct pre-construction field surveys to identify any populations of special-status plant species within the proposed project site that will be disturbed during project activities. These surveys shall be conducted prior to the issuance of any permits and/or initiation of any construction activities and coincide with the appropriate flowering period of the special-status plant species with the potential to occur in the project area. If any special-status plant species populations are identified within and/or adjacent to the proposed disturbance area, the project applicant shall implement the following: o If any population(s) of special-status plant species is identified directly adjacent to the proposed project site, a qualified biologist retained by project proponent will clearly delineate the location of the plant population, and install protective fencing between the disturbance zone and the plant population to ensure that the plant population is adequately protected. * BIO-5: Due to the potential for special species to occur, and/or move throughout the project area, the applicant shall have an Onsite Biological Monitor check the ground beneath all equipment and stored materials each morning prior to the commencement of work activities during ground disturbance and/or removal of existing vegetation. * BIO-6: All piping and/or tubing greater than four (4) inches shall be sealed by the relevant contractor with tape at both ends to prevent animals from entering the piping when construction dos on occur. * BIO-7: All trenching and/or similar excavations shall be backfilled the same day they are opened or have an exit ramp built into the excavation area(s) to allow species to escape safety. * BIO-8: Applicant shall have project site boundaries clearly delineated by stakes and/o flagging to minimize inadvertent degradation and/or loss of adjacent habitat during project operations. Staff and/or contractors shall post signs and/or place fences around the project site to restrict access of vehicles and equipment unrelated to drilling operations. * BIO-9: A Bat habitat shall be conducted by a qualified Biologist prior to the issuance of any permits and/or commencement of constructing. If shrubs/tress removal be necessary, it shall only occur during seasonal period of bat activity, between March 1, (or when evening temperatures are above 45 degrees Fahrenheit and rainfall is less than 1/2 inch in a 24 hour period); and April 15, prior to parturition of pups. The next acceptable period of shrub/tree removal with suitable roosting habitat shall occur after pups become self-sufficiently Volant (September 1 through October 15), or prior to evenings temperatures dropping below 45 degrees Fahrenheit and onset of rainfall greater than 1/2 inch in 24 hours. * BIO-10: A qualified botanist shall conduct a pre-construction field survey to identify any populations of special-status plant species within the proposed project site that will be disturbed during project activities. These surveys shall be conducted prior to the initiation of any construction activities and coincide with the appropriate flowering period of special-status plants species with the potential to occur in the project area. o If any special-status plant species populations are identified within or adjacent to the proposed disturbance area, the applicant shall have a qualified biologist clearly delineate the location of the plant population, install protective fencing between the disturbance zone and the plant population to ensure the protection of the plant species. * BIO-11: When a special plant species occurs within the proposed disturbance zone, the applicant shall consult with CA Dept. of Fish & Wildlife and the US Fish & Wildlife Services to determine the appropriate measure to be taken in order to avoid and/or mitigate impacts to the species/populations which shall include adjusting the boundaries of the disturbance zone where feasible and the applicant shall implement one or more of the following: 1) Transplant potentially affected plants to areas not planned for disturbance. If plant is transplanted, applicant shall plant two (2) or more plants. Said transplants shall be managed and monitored by the applicant and shall survive for a minimum of five (5) years after planting; 2) Seeds and/or purchased plants shall be planted in an area adjacent to the distrained zone; 3) Applicant may purchase credits at an approved mitigation bank at a ratio approved by the CA Dept. of Fish & Wildlife, US Fish & Wildlife Services and the applicant. * BIO-12: If any oak tree larger than five (5) inches in diameter at breast height (DBH) that are removed as part of the project shall be replanted/replaced at a ratio of three (3) to one (1) for each oak tree removed. Any replanted/replaced oak tree shall be monitored until permanently established in accordance. o An Oak Mitigation Plan shall be submitted to the Community Development Department for review and approval. Said plan shall indicate size of tree and identify trees to be removed including a replanting schedule and take into account the current drought conditions and optimal time for replanting. The Telecommunication Act of 1996 allows local government limited authority, but it's quite clear that a local government can only regulate the design and location of telecommunication sites; [i.e "the placement, construction and modifications of the facilities (Section 704 (a) General Authority)"]. * Pursuant to Section: 704 (iv); Facilities Siting; Radio Frequency Emission Standards of the Telecommunication Act of 1996: "No state or local government or instrumentality thereof may regulate the placement, construction and modification of personnel wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commissions regulations concerning such emissions." d) Concern over two (2) earthquake fault lines running through proposed project. Will discuss at BOS. Response: The Clear Lake Rivera, including the project area is within the Konocti Bay Fault Zone. Residential and commercial developments, including infrastructure projects such as this one, are required to meet the design standards for Seismic Design Category D2 and all current California Building Code requirements. All building plans submitted for the tower would be reviewed to ensure compliance with such requirements. Additionally, Conditions of Approval are in place, which include but is not limited to the following: (Refer to Exhibit H for details) * Condition of Approval A5: All construction shall be reviewed and approved by a California-Licensed Professional Civil Engineer or Architect, and be constructed to those specifications, subject to review and approval of the Community Development Department. * Condition of Approval B9: All antennas and antenna towers shall be inspected, following significant storm or seismic events, by a structural engineer licensed in the State of California to assess their structural integrity. o The applicant shall submit an Engineers Report of the engineer's findings (structural integrity) to the Community Development Department within 30 days of the report being competed. All costs of inspection(s) and reporting shall be the responsibility of the applicant. e) Concern of decrease in R/E values. * With a drop in real estate values, expected to affect many or all homes in our neighborhood, homeowners could decide to proceed with lawsuits based on the theory of legal, "taking". See also attached letter from Lake County Association of Realtors, dated December 7, 2018. Response: According to the California Environmental Quality Act (CEQA), the environmental review of a project is limited to the project's physical impact on the environment. Potential economic impacts, such as real estate value variation, are not analyzed. f) Cell tower location * When cell tower representative was asked, "Why did you pick this particular site for the tower?" The representative didn't answer the question as presented. * See attached letter from Frank Howard stating that the owner actually approached the company himself. Response: Article 71.9(d) of the Lake County Zoning Ordinance states, "Any applicant proposing construction of a new communications tower shall provide written documentation that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-quarter (1/4) mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:" The staff report included the applicant's project description, which contained a diagram of the four telecommunication towers within a five (5) mile radius of the project area. It also included propagation (coverage) maps of the Clear Lake Riviera region, both with and without the proposed coverage of the project as explanation for the selected project site. As described by the Applicant. "The subject property and location were selected after a thorough evaluation of the area and for the following reasons: (1) there are no existing structures in the immediate area, which could support antennas at the required height. (2) Properties adjacent to the subject property were investigated; however a lease agreement could not be secured. (3) The location on the subject 40 acre property allows the subject facility to be sited away from adjacent residences. (4) The subject property has an existing access driveway with access to the required utilities. For these reasons the subject property is the best single site solution to serve the subject area while allowing carriers to provide critical wireless communication services to the residents, emergency response personnel, travelers and boaters." g) The planning commission states that cell tower will not be visually obtrusive. * Cell tower will be 85' high obstructing lake views from Chippewa and mountain views from Tenino. * There are not any trees this high in our area. Response: As part of the Major Use Permit Application Package, the applicant is required to submit a Photo Simulations Analysis of the proposed tower. (Refer to Exhibit C for details) h) We were not given proper time to discuss issues. * We were timed 3 minutes each time we spoke, leaving us to stand in line over and over again. This can cause loss of information due to speakers being interrupted. * We are requesting a minimum of 5 hours for our representatives to discuss the issues for this appeal and call witnesses. * Would like to depose Cell tower representatives and their witnesses. Response: When the Chair of the Planning Commission discerns potentially significant amounts of public input, individuals are asked to keep their comments to three minutes. Planning Commission Chair Hess closed the public input portion of the item only after no one was present wishing to speak. PROJECT DESCRIPTION Applicant: Horizon Tower, L.L.P. Owner: Richard Gubera Location: 9475 Mojave Trail, Kelseyville A.P.N.: 009-004-21 Parcel Size: �39.5 acres General Plan: Suburban Reserve Zoning: "RR" Rural Residential Flood Zone: "X"; outside the 500-year floodplain PROJECT SETTING Existing Uses and Improvements: The project parcel is currently developed with a residence * North: Clear, Lake Riviera Subdivision, Unit 11. Parcels are zoned "R1" Single Family Residential. The parcels range in size from �0.16 to �0.24 acres in size. * South: Clear Lake Riviera Subdivision, Unit 11. Parcels are zoned "R1" Single Family Residential. The parcels range in size from �0.16 to �0.24 acres in size. * West: Parcels are zoned "RR" Rural Residential and "RL" Rural Lands. The parcels range in size from to �39.5 to �175 acres. * East: Clear Lake Riviera Subdivision, Unit 11. Parcels are zoned "R1" Single Family Residential. The parcels range in size from �0.16 to �0.24 acres in size. Topography: Parcel is fairly flat (Less than 10% Slope) Soils: According to the soil survey of Lake County, prepared by the U.S.D.A, The parcel contains the following soil types: * Sodabay-Konocti association (223) has a 5 to 30% slope and is generally very deep and well drained. The permeability of this soil is moderately slow with a water capacity of approximately 9 to 10.5 inches. The surface runoff is rapid and the risk of erosion is severe. Water Supply: Onsite well Sewage Disposal: Onsite septic Fire Protection: Kelseyville Fire Protection District I. FINDINGS OF APPROVAL On January 24, 2019, the Planning Commission made the required "Findings of Approval" for Major Use Permit, UP 18-01 (Article 51, Section 51.4a), and Wireless Communication Facility Approval (Article 71, Section 71.13). The Planning Commission found that, with the mitigations proposed in Initial Study, IS 18-06, the project would not have significant impact on the environment, and adopted a Mitigated Negative Declaration. Required Findings of Approval can also be found in the Planning Commission Staff Report (Exhibit C). A. Adopt a Mitigated Negative Declaration based on Initial Study, IS 18-06 for Major Use Permit, UP 18-01 with the following findings: 1. Potential environmental impacts related to Aesthetics have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 2. Potential environmental impacts related to Air Quality have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 3. Potential environmental impacts related to Biological Resources have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 4. Potential environmental impacts related to Cultural Resources have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 5. Potential environmental impacts related to Tribal Cultural Resources have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 6. Potential environmental impacts related to Mitigation Monitoring and Expiration have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 7. This project is consistent with land uses in the vicinity. 8. This project is consistent with the Lake County General Plan, Riviera Area Plan and Zoning Ordinance. 9. As mitigated, this project will not result in any significant adverse environmental impacts. B. Approve Major Use Permit, UP 18-01 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. C. Approve the Wireless Communication Tower with the following findings: 1. That the development of the proposed wireless communications facility will not significantly affect any public view shed, scenic corridor or any identified environmentally sensitive area or resource as defined in the Lake County General Plan or Area Plans. 2. That the site is adequate for the development of the proposed wireless communications facility and that the applicant has demonstrated that it is the least intrusive for the provision of services as required by the FCC. 3. That the proposed wireless communication facility complies with all of the applicable requirements of Article 71 of the Lake County Zoning Ordinance. 4. That the subject property upon which the wireless communications facility is to be built is in compliance with all rules and regulations pertaining to zoning uses, subdivisions and any other applicable provisions of this Title and that all zoning violation abatement costs, if any have been paid. FISCAL IMPACT: _x_ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): Action taken by the Board will have no fiscal impact on the County. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: Staff recommends that the Board of Supervisors deny Appeal, AB 19-01 and uphold the Planning Commission decision dated January 24, 2019. VII. SAMPLE MOTIONS Appeal Denial I move that the Board of Supervisors deny Appeal, AB 19-01 filed by Aurelia Johnson, of the Planning Commission's approval of a Mitigated Negative Declaration based on Initial Study, IS 18-06, and Major Use Permit, UP 18-01, that was approved by the Lake County Planning Commission on January 24, 2019 as indicated in the Board of Supervisors Memo dated April 16, 2019 and direct County Counsel to prepare proposed findings of fact.

..Title ..Body MEMORANDUM TO: Lake County Air Quality Management District Board of Directors FROM: Doug Gearhart, Air Pollution Control Officer DATE: April 23, 2019 SUBJECT: (Sitting as the Lake County Air Quality Management District Board of Directors) - Re-Appoint James Harvey, Public Member, to the Lake County Air Quality Management District Hearing Board for a three year term pursuant to Health and Safety Code EXECUTIVE SUMMARY: James Harvey has served for the past 9 years as a Public Member on the Lake County Air Quality Management District Hearing Board. California Health & Safety Code Section 40801 requires one Legal Professional, one Professional Engineer, one Medical Professional, and two Public Members be represented on the Hearing Board. Mr. Harvey has an interest in air quality and preserving it and has agreed to continue to serve on the Hearing Board and we are appreciative. The Hearing Board has not met frequently in the few years; previously the Hearing Board has met up to 8 times a year. The hearing process is both legalistic and technical in nature. Continuing Hearing Board members, as has been the case for the present Hearing Board, has helped greatly in making the process work smoothly and in the public's interest. Because of infrequent meetings, the advantages of having experienced Hearing Board members, and the fact that Mr. Harvey has indicated his willingness to continue, we ask that you reappoint him. Staff believes the LCAQMD is fortunate to have Members with such strong credentials, history, and unique understanding of our community and environmental matters and are willing to continue to serve on the Hearing Board. 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: : That the LCAQMD Board of Directors re-appoint James Harvey, as one of the Public Members to the LCAQMD Hearing Board for a three year term.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: April 23, 2019 SUBJECT: Consideration of the Award of Bid for the Upper Lake Pedestrian Improvements for Upper Lake, Bid No. 18-11, State Project No: ATPL-5914(103) to Darren Taylor Construction of Anderson, CA in the amount of $411,328.09 and Authorize the Chair to execute the Agreement and Notice of Award EXECUTIVE SUMMARY: The Purchasing Department publicly opened bids for the subject project on Thursday, March 28, 2019. Three (3) bids were received and the lowest responsible bidder was Darren Taylor Construction, of Anderson, CA. Please refer to the attached bid tabulation. The project is fully funded from the State's Active Transportation Program (ATP) funds. The scope of the project is to construct curb, gutter, sidewalk, curb ramps, minor drainage improvements, paving and traffic stripes and markings in Upper Lake, CA. Staff recommends that the Board of Supervisors award the Contract for the Upper Lake Pedestrian Improvements for Upper Lake High, Middle & Elementary School Project to Darren Taylor Construction in the amount of $411,328.09 and authorize the Chair to execute the Agreement and execute the attached Notice of Award. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: $411,328.09 Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): The project is fully funded from the State's Active Transportation Program (ATP) funds. STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Staff recommends the Award of Bid for the Upper Lake Pedestrian Improvements for Upper Lake, Bid No. 18-11, State Project No: ATPL-5914(103) to Darren Taylor Construction of Anderson, CA in the amount of $411,328.09 and Authorize the Chair to execute the Agreement and Notice of Award.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott DeLeon, Public Works Director DATE: April 23, 2019 SUBJECT: Consideration of Temporary Fee Waiver of Construction Traffic Impact Fees for Homes Damaged or Destroyed by 2018 Mendocino Complex Fires EXECUTIVE SUMMARY: Following the destructive wildfires of 2015, the Board of Supervisors approved a temporary fee waiver of Construction Traffic Impact Fees for building permits issued to rebuild homes damaged or destroyed by those fires. At the request of Supervisor Crandell, the Department of Public Works has initiated this item for the Board's consideration of a similar fee waiver for structures damaged by the Mendocino Complex Fires of 2018. ..Recommended Action RECOMMENDED ACTION: Consider a fee waiver for structures damaged by the Mendocino Complex Fires of 2018.