Lake County Meetings — interactive archive

Board Of Supervisors — Tuesday, January 14, 2020

9:00 AM · Board Chambers

1. Call to Order

2. Moment of Silence

3. Pledge of Allegiance

4. Consideration of Extra Items Not Appearing on the Posted Agenda

5. Approval of the Consent Agenda

5.1Approve the Updated Bylaws of the Western Region Town Hall (WRTH) Action Item passed on consent
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Eddie Crandell, District 3 Supervisor · Subject: Approve the Updated Bylaws of the Western Region Town Hall (WRTH)

Executive Summary

(include fiscal and staffing impact narrative): I am requesting our Board consider the recently redrafted Bylaws of the Western Region Town Hall.

Recommended Action

Approve the Bylaws of the Western Region Town Hall.

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Strategic priorities: Community Collaboration

Original memo text
Memorandum Date: January 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Eddie Crandell, District 3 Supervisor Subject: Approve the Updated Bylaws of the Western Region Town Hall (WRTH) Executive Summary: (include fiscal and staffing impact narrative): I am requesting our Board consider the recently redrafted Bylaws of the Western Region Town Hall. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Approve the Bylaws of the Western Region Town Hall.
5.2Approve Amendment No. 3 to the Contract between County of Lake and Granicus, Inc. for PEAK Agenda Management and Government Transparency Services at no additional cost and authorize the Chair to sign. Agreement passed on consent
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Carol J. Huchingson, County Administrative Officer · Subject: Approve Amendment No. 3 to the Contract between County of Lake and Granicus, Inc. for PEAK Agenda Management and Government Transparency Services at no additional cost, and authorize the Chair to sign.

EXECUTIVE SUMMARY: On October 8, 2013, your Board approved a contract with Granicus, Inc. for agenda management and government transparency services. On December 19, 2018, Contract Amendment No. 1 was approved to include the purchase of encoding hardware and performance accelerator hardware/software. On September 17, 2019, Contract Amendment No. 2 was approved to adjust the annual compensation amount to Granicus to include the Granicus Encoding Appliance Software. Amendment No. 3 is needed for the implementation of the PEAK Agenda Management System 60 Day Pilot Program, with the option to convert to this program at no extra cost at the end of the 60 day period. PEAK is a software solution offered by Granicus to streamline the agenda management process. This program was not available at the time of our original contract with Granicus. ..Recommended Action RECOMMENDED ACTION: Approve Amendment No. 3 to the Contract between County of Lake and Granicus, Inc. for PEAK Agenda Management and Government Transparency Services at no additional cost, and authorize the Chair to sign.

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Strategic priorities: Business Process Efficiency

Original memo text
..Title ..Body MEMORANDUM Date: January 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Carol J. Huchingson, County Administrative Officer Subject: Approve Amendment No. 3 to the Contract between County of Lake and Granicus, Inc. for PEAK Agenda Management and Government Transparency Services at no additional cost, and authorize the Chair to sign. EXECUTIVE SUMMARY: On October 8, 2013, your Board approved a contract with Granicus, Inc. for agenda management and government transparency services. On December 19, 2018, Contract Amendment No. 1 was approved to include the purchase of encoding hardware and performance accelerator hardware/software. On September 17, 2019, Contract Amendment No. 2 was approved to adjust the annual compensation amount to Granicus to include the Granicus Encoding Appliance Software. Amendment No. 3 is needed for the implementation of the PEAK Agenda Management System 60 Day Pilot Program, with the option to convert to this program at no extra cost at the end of the 60 day period. PEAK is a software solution offered by Granicus to streamline the agenda management process. This program was not available at the time of our original contract with Granicus. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☒ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? ..Recommended Action RECOMMENDED ACTION: Approve Amendment No. 3 to the Contract between County of Lake and Granicus, Inc. for PEAK Agenda Management and Government Transparency Services at no additional cost, and authorize the Chair to sign.
5.3Approve Change in Board Member Assignment to the Treasurer-Tax Collector Ad Hoc Committee Action Item passed on consent
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Carol J. Huchingson, County Administrative Officer · Subject: Approve Change in Board member assignment to the Treasurer-Tax Collector Ad hoc Committee

Executive Summary

(include fiscal and staffing impact narrative): On January 7, 2020, your Board finalized your Committee assignments for 2020. Since that time, the need to make a change has arisen. Specifically, it is recommended that Supervisor Brown replace Chair Simon on the Treasurer-Tax Collector Ad hoc Committee, with the Committee to be comprised of Supervisor Sabatier and Supervisor Brown. Not applicable

Recommended Action

Appoint Supervisor Brown to replace Chair Simon on the Treasurer-Tax Collector Ad hoc Committee.

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Original memo text
Memorandum Date: January 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Carol J. Huchingson, County Administrative Officer Subject: Approve Change in Board member assignment to the Treasurer-Tax Collector Ad hoc Committee Executive Summary: (include fiscal and staffing impact narrative): On January 7, 2020, your Board finalized your Committee assignments for 2020. Since that time, the need to make a change has arisen. Specifically, it is recommended that Supervisor Brown replace Chair Simon on the Treasurer-Tax Collector Ad hoc Committee, with the Committee to be comprised of Supervisor Sabatier and Supervisor Brown. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☒ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Appoint Supervisor Brown to replace Chair Simon on the Treasurer-Tax Collector Ad hoc Committee.
5.4Approve Long Distance Travel from March 16, 2020 to March 20, 2020 for Chief Deputy Auditor-Controller Marcy Harrison and Chief Deputy Auditor-Controller Lisa Casian to attend the CentralSquare 2020 Customer Event in Las Vegas, Nevada. Action Item passed on consent
5.5Approve Minutes of the Board of Supervisors meetings held October 8, 2019, October 22, 2019, and November 5, 2019. Action Item passed on consent
5.6Approve Appropriate Workplace Attire for the Community Development Department Action Item passed on consent
Staff memo

Date: January 14, 2020 · To: Board of Supervisors · From: Michalyn DelValle, Community Development Director · Subject: Approve Appropriate Workplace Attire for the Community Development Department EXECUTIVE SUMMARY: I respectfully request the Board's approval for an appropriate workplace attire policy for the Community Development Department.

Not applicable ..Recommended Action RECOMMENDED ACTION: Approve request to implement appropriate workplace attire policy for the Community Development Department.

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Original memo text
..Title ..Body MEMORANDUM Date: January 14, 2020 To: Board of Supervisors From: Michalyn DelValle, Community Development Director Subject: Approve Appropriate Workplace Attire for the Community Development Department EXECUTIVE SUMMARY: I respectfully request the Board's approval for an appropriate workplace attire policy for the Community Development Department. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☒ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? ..Recommended Action RECOMMENDED ACTION: Approve request to implement appropriate workplace attire policy for the Community Development Department.
5.7Adopt Resolution Approving Amendment No.1 to Agreement No. 18G30117 between the Secretary of State and the County of Lake for Voting System Replacement Funds. Resolution passed on consent
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Diane Fridley, Interim Registrar of Voters · Subject: Adopt Resolution Approving the Amendment 1 to Agreement No. 18G30117 between the Secretary of State and the County of Lake for Voting System Replacement Funds.

EXECUTIVE SUMMARY: Legislature passed Assembly Bill No. 1824 which requires the Secretary of State to use funds appropriated in the Budget Act of 2018 for voting system replacement and award contracts to counties that provides reimbursement for funds spent by the counties on voting system replacement activities. The County entered into an agreement with the Secretary of State to receive the maximum grant amount of $246,000 for participating in activities outlined in Agreement No. 18G30117 which was approved by Resolution No. 2019-22. Legislature has allocated an additional $152,594.70 to Lake County for the replacement of the County's voting system and enhancement/replacement of the election management system (EMS). Additionally, the proposed amendment changes the required matching funds so any county with 51 or more precincts will require a 25% County match of funds. Counties may claim reimbursement for expenses and activities permissible under the terms of the Agreement that occur after April 29, 2015 and before June 30, 2022. In order to execute the amendment to the agreement, the State requires that the Board of Supervisors adopt a resolution providing authority to enter into the proposed contract amendment. ..Recommended Action RECOMMENDED ACTION: Adopt Resolution Approving Amendment 1 to Agreement No. 18G30117 between the Secretary of State and the County of Lake for Voting System Replacement Funds.
Cost
Estimated Cost$43,250
Amount Budgeted$43,250
Additional Requested$0

Strategic priorities: Technology Upgrades

Original memo text
..Title ..Body MEMORANDUM Date: January 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Diane Fridley, Interim Registrar of Voters Subject: Adopt Resolution Approving the Amendment 1 to Agreement No. 18G30117 between the Secretary of State and the County of Lake for Voting System Replacement Funds. EXECUTIVE SUMMARY: Legislature passed Assembly Bill No. 1824 which requires the Secretary of State to use funds appropriated in the Budget Act of 2018 for voting system replacement and award contracts to counties that provides reimbursement for funds spent by the counties on voting system replacement activities. The County entered into an agreement with the Secretary of State to receive the maximum grant amount of $246,000 for participating in activities outlined in Agreement No. 18G30117 which was approved by Resolution No. 2019-22. Legislature has allocated an additional $152,594.70 to Lake County for the replacement of the County's voting system and enhancement/replacement of the election management system (EMS). Additionally, the proposed amendment changes the required matching funds so any county with 51 or more precincts will require a 25% County match of funds. Counties may claim reimbursement for expenses and activities permissible under the terms of the Agreement that occur after April 29, 2015 and before June 30, 2022. In order to execute the amendment to the agreement, the State requires that the Board of Supervisors adopt a resolution providing authority to enter into the proposed contract amendment. If not budgeted, fill in the blanks below only: Estimated Cost: _$43,250__ Amount Budgeted: _$43,250___ Additional Requested: _$0____ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☒ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? ..Recommended Action RECOMMENDED ACTION: Adopt Resolution Approving Amendment 1 to Agreement No. 18G30117 between the Secretary of State and the County of Lake for Voting System Replacement Funds.
5.8Adopt Resolution Approving the Application and Certification Statement for the State Department of Health Care Services, CMS Branch’s California Children’s Services (CCS) Administration Plan Renewal Grant for FY 2019-2020 and Authorize the Board Chair to Sign Said Certification Statement Resolution passed on consent
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Denise Pomeroy, Health Services Director · Subject: Adopt Resolution Approving the Application and Certification Statement for the State Department of Health Care Services, CMS Branch's California Children's Services (CCS) Administration Plan Renewal Grant for FY 2019-2020 and Authorize the Board Chair to Sign Said Certification Statement

Executive Summary

Attached for your review is a Resolution authorizing the Board's Chair to sign the Application Certification Statement required for the FY 2019-2020 renewal of the CMS Fiscal Plan and Budget. The CCS Administrative Program is part of a program that provides medical care for children with serious medical care needs and disabilities whose families meet specific income guidelines per year. It also has funds for diagnosis, treatment, and medications for children who are income eligible, and provides case management to link clients with medical care. Should you have any questions, or require additional information, please contact myself or Carolyn Holladay, Public Health Nursing Director at 263-1090.

Recommended Action

Adopt Resolution Approving the Application and Certification Statement for the State Department of Health Care Services, CMS Branch's California Children's Services (CCS) Administration Plan Renewal Grant for FY 2019-2020 and Authorize the Board Chair to Sign Said Certification Statement

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Strategic priorities: Well-being of Residents Community Collaboration

Original memo text
Memorandum Date: January 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Denise Pomeroy, Health Services Director Subject: Adopt Resolution Approving the Application and Certification Statement for the State Department of Health Care Services, CMS Branch's California Children's Services (CCS) Administration Plan Renewal Grant for FY 2019-2020 and Authorize the Board Chair to Sign Said Certification Statement Executive Summary: Attached for your review is a Resolution authorizing the Board's Chair to sign the Application Certification Statement required for the FY 2019-2020 renewal of the CMS Fiscal Plan and Budget. The CCS Administrative Program is part of a program that provides medical care for children with serious medical care needs and disabilities whose families meet specific income guidelines per year. It also has funds for diagnosis, treatment, and medications for children who are income eligible, and provides case management to link clients with medical care. Should you have any questions, or require additional information, please contact myself or Carolyn Holladay, Public Health Nursing Director at 263-1090. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Adopt Resolution Approving the Application and Certification Statement for the State Department of Health Care Services, CMS Branch's California Children's Services (CCS) Administration Plan Renewal Grant for FY 2019-2020 and Authorize the Board Chair to Sign Said Certification Statement
5.9Adopt Resolution Approving the Application and Certification Statement for the State Department of Health Services, CMS Branch’s Child Health & Disability Program (CHDP), Health Care Program for Children in Foster Care Program (HCPCFC), Monitoring Oversight of Foster Children Treated with Psychotropic Meds (HCPCFC-PMMO) and Caseload Relief (HCPCFC-CR) Grant for FY 2019-2020 and Authorize the Board Chair to Sign Said Certification Statement Resolution passed on consent
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Denise Pomeroy, Health Services Director · Subject: Adopt Resolution Approving the Application and Certification Statement for the State Department of Health Services, CMS Branch's Child Health & Disability Program (CHDP), Health Care Program for Children in Foster Care Program (HCPCFC), Monitoring Oversight of Foster Children Treated with Psychotropic Meds (HCPCFC-PMMO) and Caseload Relief (HCPCFC-CR) Grant for FY 2019-2020 and Authorize the Board Chair to Sign Said Certification Statement

Executive Summary

The CHDP program assists children who are seen by a local network of medical providers with well child care and immunizations. The program also carries out community activities, which include planning, evaluation and monitoring. CHDP also provides case management to link clients with medical care, providing health education materials, quality assurance and client support services such as assistance with transportation and medical, dental, and mental health appointment scheduling. The CHDP Program is also responsible for oversight of the Health Care Program for Children in Foster Care (HCPCFC), Monitoring and Oversight of Foster Children Treated with Psychotropic Meds (HCPCFC-PMMO), and Caseload Relief (HCPCFC-CR). Should you have any questions, or require additional information, please contact myself or Carolyn Holladay, Public Health Nursing Director at the Public Health Division at 263-1090.

Recommended Action

Adopt Resolution Approving the Application and Certification Statement for the State Department of Health Services, CMS Branch's Child Health & Disability Program (CHDP), Health Care Program for Children in Foster Care Program (HCPCFC), Monitoring Oversight of Foster Children Treated with Psychotropic Meds (HCPCFC-PMMO) and Caseload Relief (HCPCFC-CR) Grant for FY 2019-2020 and Authorize the Board Chair to Sign Said Certification Statement

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Strategic priorities: Well-being of Residents Community Collaboration

Original memo text
Memorandum Date: January 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Denise Pomeroy, Health Services Director Subject: Adopt Resolution Approving the Application and Certification Statement for the State Department of Health Services, CMS Branch's Child Health & Disability Program (CHDP), Health Care Program for Children in Foster Care Program (HCPCFC), Monitoring Oversight of Foster Children Treated with Psychotropic Meds (HCPCFC-PMMO) and Caseload Relief (HCPCFC-CR) Grant for FY 2019-2020 and Authorize the Board Chair to Sign Said Certification Statement Executive Summary: The CHDP program assists children who are seen by a local network of medical providers with well child care and immunizations. The program also carries out community activities, which include planning, evaluation and monitoring. CHDP also provides case management to link clients with medical care, providing health education materials, quality assurance and client support services such as assistance with transportation and medical, dental, and mental health appointment scheduling. The CHDP Program is also responsible for oversight of the Health Care Program for Children in Foster Care (HCPCFC), Monitoring and Oversight of Foster Children Treated with Psychotropic Meds (HCPCFC-PMMO), and Caseload Relief (HCPCFC-CR). Should you have any questions, or require additional information, please contact myself or Carolyn Holladay, Public Health Nursing Director at the Public Health Division at 263-1090. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Adopt Resolution Approving the Application and Certification Statement for the State Department of Health Services, CMS Branch's Child Health & Disability Program (CHDP), Health Care Program for Children in Foster Care Program (HCPCFC), Monitoring Oversight of Foster Children Treated with Psychotropic Meds (HCPCFC-PMMO) and Caseload Relief (HCPCFC-CR) Grant for FY 2019-2020 and Authorize the Board Chair to Sign Said Certification Statement
5.10Adopt Resolution Approving the Lake County Health Services Department to Submit Acceptance Paperwork and a Certification Clause from the California Department of Public Health (CDPH) Tuberculosis Control Branch (TBCB) for Real-Time Allotment Funding for Tuberculosis (TB) Cases in Lake County in the Amount of $9,513 for FY2019-2020 and Authorizing the Board Chair to Sign Said Certification Clause Resolution passed on consent
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Denise Pomeroy, Health Services Director · Subject: Adopt Resolution Approving the Lake County Health Services Department to Submit Acceptance Paperwork and a Certification Clause from the California Department of Public Health (CDPH) Tuberculosis Control Branch (TBCB) for Real-Time Allotment Funding for Tuberculosis (TB) Cases in Lake County in the Amount of $9,513 for FY2019-2020 and Authorizing the Board Chair to Sign Said Certification Clause

Executive Summary

The Health Services Department, Public Health Division has been given the opportunity to accept Real-Time Allotment of funds from the CDPH TB Control Branch to support Lake County citizens that have TB in the amount of $9,513. Typically, local TB functions are not State funded in counties with few cases of active tuberculosis. In an effort to help TB clients that may be in need of personal support such as food, shelter or transportation, this award is comprised of $4,257 State and $5,256 Federal funds and is based on the number of TB cases and case characteristics reported by our jurisdiction between June 1 and October 31, 2019 as well as the number of completed B1-notification evaluations reported between November 1, 2019 and December 31, 2019. This type of incentive enables the client to complete a medication regimen and, in turn, safeguards the health of all Lake County citizens. If you should have any questions, please feel free to contact either myself or Dr. Gary Pace, Health Officer, at 263-1090.

Recommended Action

Adopt Resolution Approving the Lake County Health Services Department to Submit Acceptance Paperwork and a Certification Clause from the California Department of Public Health (CDPH) Tuberculosis Control Branch (TBCB) for Real-Time Allotment Funding for Tuberculosis (TB) Cases in Lake County in the Amount of $9,513 for FY2019-2020 and Authorizing the Board Chair to Sign Said Certification Clause

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Strategic priorities: Well-being of Residents Public Safety Community Collaboration

Original memo text
Memorandum Date: January 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Denise Pomeroy, Health Services Director Subject: Adopt Resolution Approving the Lake County Health Services Department to Submit Acceptance Paperwork and a Certification Clause from the California Department of Public Health (CDPH) Tuberculosis Control Branch (TBCB) for Real-Time Allotment Funding for Tuberculosis (TB) Cases in Lake County in the Amount of $9,513 for FY2019-2020 and Authorizing the Board Chair to Sign Said Certification Clause Executive Summary: The Health Services Department, Public Health Division has been given the opportunity to accept Real-Time Allotment of funds from the CDPH TB Control Branch to support Lake County citizens that have TB in the amount of $9,513. Typically, local TB functions are not State funded in counties with few cases of active tuberculosis. In an effort to help TB clients that may be in need of personal support such as food, shelter or transportation, this award is comprised of $4,257 State and $5,256 Federal funds and is based on the number of TB cases and case characteristics reported by our jurisdiction between June 1 and October 31, 2019 as well as the number of completed B1-notification evaluations reported between November 1, 2019 and December 31, 2019. This type of incentive enables the client to complete a medication regimen and, in turn, safeguards the health of all Lake County citizens. If you should have any questions, please feel free to contact either myself or Dr. Gary Pace, Health Officer, at 263-1090. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Adopt Resolution Approving the Lake County Health Services Department to Submit Acceptance Paperwork and a Certification Clause from the California Department of Public Health (CDPH) Tuberculosis Control Branch (TBCB) for Real-Time Allotment Funding for Tuberculosis (TB) Cases in Lake County in the Amount of $9,513 for FY2019-2020 and Authorizing the Board Chair to Sign Said Certification Clause
5.11Approve the Continuation of a Local Emergency due to the Atmospheric River Event 2019. Action Item passed on consent
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chair, Board of Supervisors · From: Brian L. Martin, Sheriff/Coroner/OES Director · Subject: Approve the Continuation of a Local Emergency due to the 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. ..Recommended Action RECOMMENDED ACTION: Approve the Continuation of a Local Emergency due to the Atmospheric River Event 2019.

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Strategic priorities: Public Safety Disaster Recovery

Original memo text
' ..Title ..Body MEMORANDUM Date: January 14, 2020 To: The Honorable Moke Simon, Chair, Board of Supervisors From: Brian L. Martin, Sheriff/Coroner/OES Director Subject: Approve the Continuation of a Local Emergency due to the 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. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☒ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? ..Recommended Action RECOMMENDED ACTION: Approve the Continuation of a Local Emergency due to the Atmospheric River Event 2019.
5.12Approve the Continuation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires). Action Item passed on consent
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Brian Martin, Sheriff/Director of Emergency Services · Subject: Approve the Continuation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires)

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. ..Recommended Action RECOMMENDED ACTION: Approve the Continuation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires)

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Strategic priorities: Public Safety Disaster Recovery

Original memo text
..Title ..Body MEMORANDUM Date: January 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Brian Martin, Sheriff/Director of Emergency Services Subject: Approve the Continuation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires) 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. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☒ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? ..Recommended Action RECOMMENDED ACTION: Approve the Continuation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires)
5.13Approve the Continuation of a Local Emergency due to the Pawnee Fire Incident. Action Item passed on consent
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Brian Martin, Sheriff-Coroner-Director of Emergency Services · Subject: Approve the Continuation 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. ..Recommended Action RECOMMENDED ACTION: Approve the Continuation of a Local Emergency due to the Pawnee Fire Incident.

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Strategic priorities: Public Safety Disaster Recovery

Original memo text
..Title ..Body MEMORANDUM Date: January 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Brian Martin, Sheriff-Coroner-Director of Emergency Services Subject: Approve the Continuation 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. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☒ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? ..Recommended Action RECOMMENDED ACTION: Approve the Continuation of a Local Emergency due to the Pawnee Fire Incident.
5.14Approve the Continuation of a Local Emergency Due to the Kincade Fire Incident, the Burris Fire Incident and the October 2019 PG&E PSPS Events Action Item passed on consent
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Carol J. Huchingson, County Administrative Officer On Behalf of: Brian Martin, Sheriff-Coroner-Director of Emergency Services · Subject: Approve the Continuation of a Local Emergency Due to the Kincade Fire Incident, the Burris Fire Incident and the October 2019 PG&E PSPS Events

EXECUTIVE SUMMARY: (Revised 11/25/19) A wildland fire known as the Kincade Fire began in Sonoma County on October 23, 2019 forcing area-wide evacuations, destroying multiple structures and threatening Lake County. A wildland fire known as the Burris Fire began to the West of Mendocino County on at the same time, also threatening Lake County. In addition, between October 9, 2019 and October 29, 2019, repeated and compounding PSPS events have been imposed by PG&E, on the citizens of Lake County, disrupting services and creating extreme hardships for all. As a result of the occurrence of the Kincade Fire, and repeated PSPS events, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on October 29, 2019. The Board of Supervisors must confirm the existence of a local emergency within seven (7) days of that date. ..Recommended Action RECOMMENDED ACTION: Approve the Continuation of a Local Emergency Due to the Kincade Fire Incident, the Burris Fire Incident and the October 2019 PG&E PSPS Events.

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Strategic priorities: Public Safety Disaster Recovery

Original memo text
..Title ..Body MEMORANDUM Date: January 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Carol J. Huchingson, County Administrative Officer On Behalf of: Brian Martin, Sheriff-Coroner-Director of Emergency Services Subject: Approve the Continuation of a Local Emergency Due to the Kincade Fire Incident, the Burris Fire Incident and the October 2019 PG&E PSPS Events EXECUTIVE SUMMARY: (Revised 11/25/19) A wildland fire known as the Kincade Fire began in Sonoma County on October 23, 2019 forcing area-wide evacuations, destroying multiple structures and threatening Lake County. A wildland fire known as the Burris Fire began to the West of Mendocino County on at the same time, also threatening Lake County. In addition, between October 9, 2019 and October 29, 2019, repeated and compounding PSPS events have been imposed by PG&E, on the citizens of Lake County, disrupting services and creating extreme hardships for all. As a result of the occurrence of the Kincade Fire, and repeated PSPS events, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on October 29, 2019. The Board of Supervisors must confirm the existence of a local emergency within seven (7) days of that date. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☒ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? ..Recommended Action RECOMMENDED ACTION: Approve the Continuation of a Local Emergency Due to the Kincade Fire Incident, the Burris Fire Incident and the October 2019 PG&E PSPS Events.
5.15(a) 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, 2019 to September 30, 2020; and (b) authorize Sheriff to sign the Agreement and (c) authorize the Chairman to sign Workplace Certifications and Grant Assurances Action Item passed on consent
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chairman, Lake County Board of Supervisors · From: Brian L. Martin, Sheriff/Coroner · Subject: (a) 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, 2019 to September 30, 2020; and (b) authorize Sheriff to sign the Agreement and (c) authorize the Chairman 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 2019/20. This agreement is in the amount of $210,000. These funds are allocated in the FY2019/20 Sheriff/Marijuana budget request for Budget Unit 2203. Not applicable ..Recommended Action RECOMMENDED ACTION: (a) 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, 2019 to September 30, 2020; and (b) authorize Sheriff to sign the Agreement and (c) authorize the chairman to sign Workplace Certifications and Grant Assurances

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Original memo text
..Title ..Body MEMORANDUM Date: January 14, 2020 To: The Honorable Moke Simon, Chairman, Lake County Board of Supervisors From: Brian L. Martin, Sheriff/Coroner Subject: (a) 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, 2019 to September 30, 2020; and (b) authorize Sheriff to sign the Agreement and (c) authorize the Chairman 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 2019/20. This agreement is in the amount of $210,000. These funds are allocated in the FY2019/20 Sheriff/Marijuana budget request for Budget Unit 2203. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☒ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? ..Recommended Action RECOMMENDED ACTION: (a) 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, 2019 to September 30, 2020; and (b) authorize Sheriff to sign the Agreement and (c) authorize the chairman to sign Workplace Certifications and Grant Assurances
5.16Approve the Distribution of Excess Proceeds in the amount of $199,021.71 from Tax Defaulted Land Sale #144A held on June 13, 2005. Action Item passed on consent Motion carried
Carried 5-0 — moved by Scott
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Barbara Ringen, Treasurer-Tax Collector · Subject: Excess Proceeds from Tax Sale #144A (per R&T � 4675)

Executive Summary

(include fiscal and staffing impact narrative): The following claims for excess proceeds are pending from the sale of tax defaulted property #144A held on June 13, 2005. The claims have been reviewed, found sufficient and are presented herewith for your consideration and disposition. Please note that distribution of the excess proceeds to Income Shelter Corporation for APN 044-251-130 and APN 044-261-030 is pending to complete review of its current corporate status. Furthermore, any distribution of the excess proceeds to Nancy Probert for APN 044-251-130 is subject to her current relation to and status of Wilton Probert, who is a lienholder of record under Revenue and Taxation Code Section 4675. Not applicable

Recommended Action

Staff recommends that payment in the amount indicated be made to the named claimants.

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Original memo text
Memorandum Date: January 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Barbara Ringen, Treasurer-Tax Collector Subject: Excess Proceeds from Tax Sale #144A (per R&T � 4675) Executive Summary: (include fiscal and staffing impact narrative): The following claims for excess proceeds are pending from the sale of tax defaulted property #144A held on June 13, 2005. The claims have been reviewed, found sufficient and are presented herewith for your consideration and disposition. Please note that distribution of the excess proceeds to Income Shelter Corporation for APN 044-251-130 and APN 044-261-030 is pending to complete review of its current corporate status. Furthermore, any distribution of the excess proceeds to Nancy Probert for APN 044-251-130 is subject to her current relation to and status of Wilton Probert, who is a lienholder of record under Revenue and Taxation Code Section 4675. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☒ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Staff recommends that payment in the amount indicated be made to the named claimants.
On motion of Supervisor Scott, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.16. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: At this point, audio problems were detected and resolved, at 3 minutes/ 51 seconds into the meeting. (Prior to the audio recording, the Assistant Clerk of the Board's notes were used in the preparation of these minutes.)

6. Timed Items

6.19:05 A.M. - Public Input
Clerk’s notes: Public member Joan Moss spoke.
6.29:06 A.M. - Consideration of Continuation 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. Action Item approved — Pass
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Denise Pomeroy, Health Services Director · Subject: Consideration of Continuation 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: Attached for your review is a Resolution Amending the original Declaration of a Local Health Emergency regarding the Mendocino Complex Fire. In addition the term of reaffirmation of Declaration has been amended to renewal of Declaration every thirty days until the health emergency is terminated, and a typographical error referencing Pawnee Fire in the original Declaration has been changed to Mendocino Complex Fire. Thank you for your consideration of this request. ..Recommended Action RECOMMENDED ACTION: Approve the Continuation 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.

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Strategic priorities: Public Safety Disaster Recovery

Original memo text
..Title ..Body MEMORANDUM Date: January 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors FROM: Denise Pomeroy, Health Services Director SUBJECT: Consideration of Continuation 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: Attached for your review is a Resolution Amending the original Declaration of a Local Health Emergency regarding the Mendocino Complex Fire. In addition the term of reaffirmation of Declaration has been amended to renewal of Declaration every thirty days until the health emergency is terminated, and a typographical error referencing Pawnee Fire in the original Declaration has been changed to Mendocino Complex Fire. Thank you for your consideration of this request. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☒ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? ..Recommended Action RECOMMENDED ACTION: Approve the Continuation 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.
On motion of Supervisor Sabatier, and by vote of the Board, approved Continuation 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. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: Public Health Officer Gary Pace presented the item to the Board. Jasjit Kang and County Administrative Officer Carol Huchingson spoke. Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.39:30 A.M. - PUBLIC HEARING Consideration of Appeal, AB 19-02 of Use Permit, UP 18-23 and Initial Study, IS 18-28. APN: 013-060-18 Public Hearing Motion carried
Carried 4-1 — moved by Brown
Brown: aye Crandell: aye Sabatier: nay Scott: aye Simon: aye
Staff memo

Date: January 14, 2020 · To: Board of Supervisors · From: Michalyn DelValle, Community Development Director Eric Porter, Associate Planner · Subject: Consideration of Appeal, AB 19-02 of Use Permit, UP 18-23 and Initial Study, IS 18-28. APN: 013-060-18 Supervisor District 1. EXECUTIVE SUMMARY: The Appellant, Antonio Guerra represented by attorney Andre Ross, is appealing the Planning Commission's April 11, 2019 decision to adopt a Mitigated Negative Declaration and approve a Major Use Permit (files no. UP 18-23 and IS 18-28), to allow an A-Type 3 (outdoor) commercial cannabis cultivation site at 15232 Spruce Grove Road, Lower Lake; APN number 013-060-18.

Background

The use permit applicant, Will Dawson, was approved for 'Early Activation' on June 28, 2018 through file number EA 18-18. This approval enabled him to plant cannabis in 2018 while his major use permit was under review. Mr. Dawson was approved again for Early Activation on March 27, 2019 through file number EA 19-04; this enabled him to plant in 2019 while his major use permit review process concluded. On February 27, 2019, a Notice of Intent to adopt a Mitigated Negative Declaration was mailed to property owners within 725 feet of the proposed cannabis site; the notice was sent to Mr. Guerra as an affected neighbor. In March 2019, the appellant, Mr. Guerra, contacted staff by phone and in person to express concerns about the applicant and his employees using an easement that went through Mr. Guerra's property. The parcel map (Exhibit E) that created both properties in 1994 did not show the 20' wide access easement, which had been recorded separately after the parcel map had been approved. The easement is identified through metes and bounds legal description (see Reference Appellant's Exhibit A, page 2), and is visible in its current location via Google Maps; please see aerial photo below. The Easements There are two recorded easements associated with the applicant's property. One is a 30' wide public utility and access easement that runs parallel with Spruce Grove Road and is shown on the parcel map. The second easement is a 20' wide access easement, slightly more than 1000 feet long, that bisects Mr. Guerra's property and terminates on the Dawson (Cowan/Miller) property; this is the access that is used by Mr. Dawson for site access, and is the basis for this appeal. Reference Appellant's 'Exhibit A', page 2. Neither easement specifies the allowed use of either easement; both are identified as 'public access and utility' easements. Mr. Guerra, Appellant, asserts that Public Resources Code (PRC) section 4290(1) cannot be met without unauthorized trespass onto his property because of CalFire's requirement for 30' deep turn-arounds versus the 20' wide limit of the easement width. Aerial of Applicant and Appellant's Properties Commercial Cannabis Applications A commercial cannabis license can be obtained through a major or a minor use permit depending on the type of cannabis cultivation license that is sought. Approval of a commercial cannabis use permit changes the nature of a residential property into a commercial use; this means that certain requirements become applicable, such as Americans with Disabilities Act (ADA) and CalFire access requirements as found in Public Resources Code (PRC) sections 4290 and 4291. Project Description Applicant: Will Dawson Owners: Jack Cowan and Laura Miller Location: 15232 Spruce Grove Road, Lower Lake A.P.N.: 013-060-18 Parcel Size: 20.51 acres (Appellant's property is +29 acres in size) General Plan: Rural Lands Zoning: "RL"; Rural Lands Flood Zone: None 1994 Parcel Map that created both Properties Site Plan showing location of the disputed Access and Utility Easement I. APPEAL ANALYSIS The Lake County Zoning Ordinance has three chapters that contain relevant requirements to this appeal; Chapter 27, subsection (at); Chapter 51.4, Major Use Permits, and Chapter 58, 'Appeals'. 1. Article 27, subsection (at), Commercial Cannabis Cultivation (o) Access Standards a. Any site where a cannabis related activity is permitted shall have access to a public road or a recorded easement that allows for, but not limited to, delivery trucks, emergency vehicles, sheriff and other law enforcement officers, and government employees who are responsible for inspection or enforcement actions. Driveway encroachments onto County-maintained roadways shall be constructed to current County standards and shall be constructed with an encroachment permit obtained from the Department of Public Works. Response: The Applicant has two recorded easements to his property; the 30' wide public access and utility easement that runs parallel to Spruce Grove Road, and the 20' wide public access easement that runs through the Guerra property. The Guerra easement is by definition a 20' wide dead-end road measuring slightly more than 1000 feet in length; this dead-end road is addressed in greater detail later in this report. Use of the 30' access easement directly to Spruce Grove Road from Applicant's property is unfeasible due to the grade differential according to the applicant Dawson; if the applicant attempted to use the 30' access easement, it would require a Grading Permit and a new CEQA review for the earth movement necessary to install a new driveway. An Initial Study for the cannabis permit (CEQA review) has already occurred, but is limited to the cultivation site rather than a potentially new driveway. b. All driveways shall be constructed and maintained so as to prevent road surface and fill material from discharging to any surface water body Map showing Subject Site and nearest Water Bodies and Streams Response: The subject site is not adjacent to any water bodies, streams or lakes. c. The design of all access to and driveways providing access to the site where the cannabis related activity that is permitted shall be sufficient to be used by all emergency vehicles and shall be approved by the applicable fire district. Response: The basis of this appeal is the use of the 20' wide access easement that travels through the Guerra property and terminates on the Dawson property. This easement is defined as a dead-end road per Public Resources Code (PRC) section 1271.00 (Definitions). This section of the PRC states: "Roads, streets, private lanes: Vehicular access to more than one parcel; access to any industrial or commercial occupancy, or vehicular access to a single parcel with more than two buildings or four or more dwelling units." "Dead-end road: A road that has only one point of vehicular ingress/egress, including cul-de-sacs and looped roads." PRC section 1273.09 then addresses the rules for dead-end roads and states the following: (a) "The maximum length of a dead-end road, including all dead-end roads accessed from the dead-end road, shall not exceed the following cumulative lengths, regardless of the numbers of parcels served: - "Parcels zoned for 20 acres or larger - 5280 feet (the 20' wide access road is 1,100 feet long and serves two parcels) "All lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at the intersection that begins the road to the end of the road surface at its farthest point... "(b) Where parcels are zoned 5 acres are larger, turnarounds shall be provided at a maximum length of 1320 foot intervals. (each parcel is about 20 acres in size) "(c) Each dead-end road shall have a turnaround constructed at its terminus." Response: The 20' wide dead-end road complies with PRC subsection 1273.09(a), (b) and (c). As stated, this road is about 1,100 feet long (up to 5280 feet is allowed); is less than 1320 feet in length per subsection (b) thereby not requiring any turnarounds on the Guerra property, and has ample turnaround space at its terminus on the Dawson property. This PRC section exempts the requirements for turn-arounds every 400 feet that would otherwise be required if this were not a dead-end road. This negates the basis of this appeal. The appellant claims that this proposal does not meet PRC 4290 and/or 4291, the CalFire requirements for private properties, however PRC 1273.09 eliminates the requirement for turn-arounds on dead-end roads that meet the definition of a dead-end road, and that comply with (a), (b) and (c). d. Gates shall not be constructed across driveways or access roads that are used by neighboring properties or the general public. Gates constructed across public access easements are subject to removal per State Street and Highway Codes. Response: No gates that cross driveways or access roads that are used by the neighboring properties or the general public are needed or proposed. 2. Article 51.4, Major Use Permits, 'Findings Required for Approval' The Board of Supervisors may only approve or conditionally approve a Major Use Permit if all of the following findings are made: a. 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. Response: By approving this use permit, the Planning Commission found that this use would not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of this use, and that the use would not be detrimental to property and improvements in the neighborhood, or the general welfare of the County, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.1. b. 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. Response: By approving this use permit, the Planning Commission found that the subject site is 20.51 acres in size, large enough to accommodate this proposed 65,000 s.f. cannabis cultivation area, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.2. c. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. Response: By approving this use permit, the Planning Commission found that Spruce Grove Road and the 20' wide dead-end road that is the subject of this appeal are adequate for purposes of providing traffic to this cannabis cultivation facility, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.3. d. 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. Response: By approving this use permit, the Planning Commission found that the site has adequate services for the cannabis cultivation use, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.4. e. 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. Response: By approving this use permit, the Planning Commission made the finding that this project was in compliance with the Lake County General Plan, the Middletown Area Plan, and Lake County Zoning Ordinance, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.5. f. 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. Response: The Community Development Department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.6. II. APPEAL SUBMITTAL. The appellant submitted an application for Appeal to the Board, along with the required fee and 'Applicant's Exhibits A through F'. Not applicable ..Recommended Action RECOMMENDED ACTION: A. Deny appeal number AB 19-02. B. Adopt mitigated negative declaration (IS 18-28) for Use Permit (UP 18-23) with the following findings: 1. Potential environmental impacts related to aesthetics have been mitigated to less than significant levels by mitigation measures AES-1 and AES-2. 2. Potential environmental impacts related to air quality have been mitigated to less than significant levels by mitigation measures AQ-1, AQ-2, AQ-3, AQ-4, AQ-5, AQ-6, AQ-7, AQ-8, AQ-9 and AQ-10. 3. Potential environmental impacts related to biological resources have been mitigated to less than significant levels by mitigation measures BIO-1, BIO-2 and BIO-3. 4. Potential environmental impacts related to Cultural and Tribal resources have been mitigated to less than significant levels by mitigation measures CUL-1 and CUL-2. 5. Potential environmental impacts related to Hazards and Hazardous Materials have been mitigated to less than significant levels by mitigation measure HAZ-1. 6. Potential environmental impacts related to Noise have been mitigated to less than significant levels by mitigation measures NOI-1, NOI-2, and NOI-3. 7. As mitigated, this project will not result in any significant adverse environmental impacts. C. Approve UP 18-23 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. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Lower Lake Area Plan and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property. Sample motion: Appeal Denial I move that the Board of Supervisors make an intended decision to deny the Appeal AB 19-02 and uphold the Planning Commission's decision to adopt Initial Study IS 18-28 and approve Use Permit 18-23, applied for by Will Dawson for property located at 15232 Spruce Grove Road, Lower Lake, known as APN 013-060-18, and direct County Counsel to prepare findings of fact. Reviewed by Michalyn DelValle:

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Original memo text
..Title ..Body MEMORANDUM Date: January 14, 2020 To: Board of Supervisors From: Michalyn DelValle, Community Development Director Eric Porter, Associate Planner Subject: Consideration of Appeal, AB 19-02 of Use Permit, UP 18-23 and Initial Study, IS 18-28. APN: 013-060-18 Supervisor District 1. EXECUTIVE SUMMARY: The Appellant, Antonio Guerra represented by attorney Andre Ross, is appealing the Planning Commission's April 11, 2019 decision to adopt a Mitigated Negative Declaration and approve a Major Use Permit (files no. UP 18-23 and IS 18-28), to allow an A-Type 3 (outdoor) commercial cannabis cultivation site at 15232 Spruce Grove Road, Lower Lake; APN number 013-060-18. Background The use permit applicant, Will Dawson, was approved for 'Early Activation' on June 28, 2018 through file number EA 18-18. This approval enabled him to plant cannabis in 2018 while his major use permit was under review. Mr. Dawson was approved again for Early Activation on March 27, 2019 through file number EA 19-04; this enabled him to plant in 2019 while his major use permit review process concluded. On February 27, 2019, a Notice of Intent to adopt a Mitigated Negative Declaration was mailed to property owners within 725 feet of the proposed cannabis site; the notice was sent to Mr. Guerra as an affected neighbor. In March 2019, the appellant, Mr. Guerra, contacted staff by phone and in person to express concerns about the applicant and his employees using an easement that went through Mr. Guerra's property. The parcel map (Exhibit E) that created both properties in 1994 did not show the 20' wide access easement, which had been recorded separately after the parcel map had been approved. The easement is identified through metes and bounds legal description (see Reference Appellant's Exhibit A, page 2), and is visible in its current location via Google Maps; please see aerial photo below. The Easements There are two recorded easements associated with the applicant's property. One is a 30' wide public utility and access easement that runs parallel with Spruce Grove Road and is shown on the parcel map. The second easement is a 20' wide access easement, slightly more than 1000 feet long, that bisects Mr. Guerra's property and terminates on the Dawson (Cowan/Miller) property; this is the access that is used by Mr. Dawson for site access, and is the basis for this appeal. Reference Appellant's 'Exhibit A', page 2. Neither easement specifies the allowed use of either easement; both are identified as 'public access and utility' easements. Mr. Guerra, Appellant, asserts that Public Resources Code (PRC) section 4290(1) cannot be met without unauthorized trespass onto his property because of CalFire's requirement for 30' deep turn-arounds versus the 20' wide limit of the easement width. Aerial of Applicant and Appellant's Properties Commercial Cannabis Applications A commercial cannabis license can be obtained through a major or a minor use permit depending on the type of cannabis cultivation license that is sought. Approval of a commercial cannabis use permit changes the nature of a residential property into a commercial use; this means that certain requirements become applicable, such as Americans with Disabilities Act (ADA) and CalFire access requirements as found in Public Resources Code (PRC) sections 4290 and 4291. Project Description Applicant: Will Dawson Owners: Jack Cowan and Laura Miller Location: 15232 Spruce Grove Road, Lower Lake A.P.N.: 013-060-18 Parcel Size: 20.51 acres (Appellant's property is +29 acres in size) General Plan: Rural Lands Zoning: "RL"; Rural Lands Flood Zone: None 1994 Parcel Map that created both Properties Site Plan showing location of the disputed Access and Utility Easement I. APPEAL ANALYSIS The Lake County Zoning Ordinance has three chapters that contain relevant requirements to this appeal; Chapter 27, subsection (at); Chapter 51.4, Major Use Permits, and Chapter 58, 'Appeals'. 1. Article 27, subsection (at), Commercial Cannabis Cultivation (o) Access Standards a. Any site where a cannabis related activity is permitted shall have access to a public road or a recorded easement that allows for, but not limited to, delivery trucks, emergency vehicles, sheriff and other law enforcement officers, and government employees who are responsible for inspection or enforcement actions. Driveway encroachments onto County-maintained roadways shall be constructed to current County standards and shall be constructed with an encroachment permit obtained from the Department of Public Works. Response: The Applicant has two recorded easements to his property; the 30' wide public access and utility easement that runs parallel to Spruce Grove Road, and the 20' wide public access easement that runs through the Guerra property. The Guerra easement is by definition a 20' wide dead-end road measuring slightly more than 1000 feet in length; this dead-end road is addressed in greater detail later in this report. Use of the 30' access easement directly to Spruce Grove Road from Applicant's property is unfeasible due to the grade differential according to the applicant Dawson; if the applicant attempted to use the 30' access easement, it would require a Grading Permit and a new CEQA review for the earth movement necessary to install a new driveway. An Initial Study for the cannabis permit (CEQA review) has already occurred, but is limited to the cultivation site rather than a potentially new driveway. b. All driveways shall be constructed and maintained so as to prevent road surface and fill material from discharging to any surface water body Map showing Subject Site and nearest Water Bodies and Streams Response: The subject site is not adjacent to any water bodies, streams or lakes. c. The design of all access to and driveways providing access to the site where the cannabis related activity that is permitted shall be sufficient to be used by all emergency vehicles and shall be approved by the applicable fire district. Response: The basis of this appeal is the use of the 20' wide access easement that travels through the Guerra property and terminates on the Dawson property. This easement is defined as a dead-end road per Public Resources Code (PRC) section 1271.00 (Definitions). This section of the PRC states: "Roads, streets, private lanes: Vehicular access to more than one parcel; access to any industrial or commercial occupancy, or vehicular access to a single parcel with more than two buildings or four or more dwelling units." "Dead-end road: A road that has only one point of vehicular ingress/egress, including cul-de-sacs and looped roads." PRC section 1273.09 then addresses the rules for dead-end roads and states the following: (a) "The maximum length of a dead-end road, including all dead-end roads accessed from the dead-end road, shall not exceed the following cumulative lengths, regardless of the numbers of parcels served: - "Parcels zoned for 20 acres or larger - 5280 feet (the 20' wide access road is 1,100 feet long and serves two parcels) "All lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at the intersection that begins the road to the end of the road surface at its farthest point... "(b) Where parcels are zoned 5 acres are larger, turnarounds shall be provided at a maximum length of 1320 foot intervals. (each parcel is about 20 acres in size) "(c) Each dead-end road shall have a turnaround constructed at its terminus." Response: The 20' wide dead-end road complies with PRC subsection 1273.09(a), (b) and (c). As stated, this road is about 1,100 feet long (up to 5280 feet is allowed); is less than 1320 feet in length per subsection (b) thereby not requiring any turnarounds on the Guerra property, and has ample turnaround space at its terminus on the Dawson property. This PRC section exempts the requirements for turn-arounds every 400 feet that would otherwise be required if this were not a dead-end road. This negates the basis of this appeal. The appellant claims that this proposal does not meet PRC 4290 and/or 4291, the CalFire requirements for private properties, however PRC 1273.09 eliminates the requirement for turn-arounds on dead-end roads that meet the definition of a dead-end road, and that comply with (a), (b) and (c). d. Gates shall not be constructed across driveways or access roads that are used by neighboring properties or the general public. Gates constructed across public access easements are subject to removal per State Street and Highway Codes. Response: No gates that cross driveways or access roads that are used by the neighboring properties or the general public are needed or proposed. 2. Article 51.4, Major Use Permits, 'Findings Required for Approval' The Board of Supervisors may only approve or conditionally approve a Major Use Permit if all of the following findings are made: a. 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. Response: By approving this use permit, the Planning Commission found that this use would not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of this use, and that the use would not be detrimental to property and improvements in the neighborhood, or the general welfare of the County, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.1. b. 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. Response: By approving this use permit, the Planning Commission found that the subject site is 20.51 acres in size, large enough to accommodate this proposed 65,000 s.f. cannabis cultivation area, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.2. c. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. Response: By approving this use permit, the Planning Commission found that Spruce Grove Road and the 20' wide dead-end road that is the subject of this appeal are adequate for purposes of providing traffic to this cannabis cultivation facility, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.3. d. 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. Response: By approving this use permit, the Planning Commission found that the site has adequate services for the cannabis cultivation use, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.4. e. 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. Response: By approving this use permit, the Planning Commission made the finding that this project was in compliance with the Lake County General Plan, the Middletown Area Plan, and Lake County Zoning Ordinance, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.5. f. 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. Response: The Community Development Department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.6. II. APPEAL SUBMITTAL. The appellant submitted an application for Appeal to the Board, along with the required fee and 'Applicant's Exhibits A through F'. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☒ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? ..Recommended Action RECOMMENDED ACTION: A. Deny appeal number AB 19-02. B. Adopt mitigated negative declaration (IS 18-28) for Use Permit (UP 18-23) with the following findings: 1. Potential environmental impacts related to aesthetics have been mitigated to less than significant levels by mitigation measures AES-1 and AES-2. 2. Potential environmental impacts related to air quality have been mitigated to less than significant levels by mitigation measures AQ-1, AQ-2, AQ-3, AQ-4, AQ-5, AQ-6, AQ-7, AQ-8, AQ-9 and AQ-10. 3. Potential environmental impacts related to biological resources have been mitigated to less than significant levels by mitigation measures BIO-1, BIO-2 and BIO-3. 4. Potential environmental impacts related to Cultural and Tribal resources have been mitigated to less than significant levels by mitigation measures CUL-1 and CUL-2. 5. Potential environmental impacts related to Hazards and Hazardous Materials have been mitigated to less than significant levels by mitigation measure HAZ-1. 6. Potential environmental impacts related to Noise have been mitigated to less than significant levels by mitigation measures NOI-1, NOI-2, and NOI-3. 7. As mitigated, this project will not result in any significant adverse environmental impacts. C. Approve UP 18-23 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. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Lower Lake Area Plan and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property. Sample motion: Appeal Denial I move that the Board of Supervisors make an intended decision to deny the Appeal AB 19-02 and uphold the Planning Commission's decision to adopt Initial Study IS 18-28 and approve Use Permit 18-23, applied for by Will Dawson for property located at 15232 Spruce Grove Road, Lower Lake, known as APN 013-060-18, and direct County Counsel to prepare findings of fact. Reviewed by Michalyn DelValle:
On motion of Supervisor Brown, and by vote of the Board, continued the hearing to February 4, 2020 at 10:30a.m. for further discussion. The motion carried by the following vote: Ayes- Supervisors: 4 - Crandell, Scott, Brown, and Simon Nays- Supervisor: 1 - Sabatier
Clerk’s notes: All parties to the hearing were sworn in by the Clerk. Community Development Director Michalyn DelValle introduced the item to the Board. Associate Planner Eric Porter presented the PowerPoint presentation to the Board. Andre Ross, County Counsel Anita Grant, Code Enforcement Manager Andrew Williams, County Administrative Officer Carol Huchingson, Will Dawson, and Johanna DeLong spoke. Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.410:00 A.M. - PUBLIC HEARING Consideration of Appeal, AB 19-06 of Major Use Permit, UP 18-43 and Initial Study, IS 18-58. APN: 014-004-20 Public Hearing denied — Pass
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: January 14, 2020 · To: Board of Supervisors · From: Michalyn DelValle, Community Development Director Eric Porter, Associate Planner · Subject: Appeal to Board of Supervisors, AB 19-06 of Major Use Permit, UP 18-43 and Initial Study, IS 18-58. APN: 014-004-20 Supervisor District 1

EXHIBITS: A. AB 19-06 Application including Appellant's Attachments B. Planning Commission Staff Report with Attachments dated June 17, 2019 C. Planning Commission Minutes from June 27, 2019 Public Hearing D. Copy of California Department of Toxic Substance Control review of 19020 Butts Canyon (PG&E) Site Evaluation E. Water Availability Analysis, dated November 6, 2019 EXECUTIVE SUMMARY: The Appellant, Judson Hodges, is appealing the Planning Commission's June 27, 2019 decision to adopt a Mitigated Negative Declaration and approve a Major Use Permit (files no. UP 18-43 and IS 18-58), which if approved would allow an A-Type 3B (medium mixed light) commercial cannabis cultivation site at 19424 Butts Canyon Road, Middletown; APN number 014-004-20. Approval would allow 25,996 square feet (s.f.) of cultivation area and up to 21,996 s.f. of canopy inside (13) 98' x 20' greenhouses, as well as a 4,000 s.f. drying building. The Planning Commission required permanent restrooms in the drying building that were ADA compliant along with a hand-wash station, also ADA compliant.

Background

The use permit applicant and property owner, Shannon Sanders, applied for an A-Type 3B (medium mixed light) commercial cannabis application using 13 greenhouses. The site is pastoral, and is accessed via gravel driveway. The site is compliant with Public Resource Codes 4290 and 4291 (CalFire regulations). The cultivation site was burned in the Valley Fire; the center of the property is a burn scar - the applicant had removed some dead oak trees, and the cultivation site is flat, and is concealed from view based on the terrain and the heavy shrub and tree growth that is still present and had not burned in the Valley Fire. On June 27, 2019, the Planning Commission held the public hearing for the major use permit; took testimony, deliberated, then voted to approve Major Use Permit UP 18-43 and adopt initial study IS 18-58. This appeal followed. Of note: two online petitions were put on the internet approximately one week prior to the hearing; one was in support of this application, and one was against the application. Over 700 people signed the two petitions; the mixture of those in support and in opposition is about 50/50 (slightly more were opposed to it). Zoning of Subject Site and Vicinity Basis of the Appeal The Appellant, Judson Hodges, cited several aspects of the project that he opined did not meet several specific Zoning Ordinance sections (Article 51.4, subsection #1, "Safety" (no specific code section referenced), and "Water" (no specific code section referenced). The Appellant stated the following: 1. "The project does not meet the requirement of article 51.4, #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 presentation by the applicant during the Planning Commission hearing did not adequately address this." Response: It is unclear by the Appellant's concern raised exactly which portion of this code the Appellant believes was not met by the Planning Commission ("Commission") The Commission adopted the following finding: "The immediate area contains rural land with several homes, one of which is located about 635 feet away from the cultivation site. As previously discussed, the primary potential impacts resulting from this proposal appear to be Aesthetics (greenhouse buildings as viewed from the south along Butts Canyon Road), Air Quality (odor) and Noise. All of these significant impacts have been adequately addressed within the applicant's submittal for the reasons previously stated." Article 51.4 requires the Planning Commission to find that the use permit will not 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." Here are the responses to each of these items: 1. Health. The Appellant has not demonstrated any substantive reasons why the growing of commercial cannabis might be detrimental to the health of those in the vicinity. The plants will be grown in greenhouses, which has the potential of having odors reduced through the use of various odor control devices. Condition no. C-1 requires the Applicant to submit an Odor Control Plan to Community Development Department for review and acceptance, or review and revision (or denial) prior to cultivation. 2. Safety. The Appellant states "The county is currently not able to adequately address public safety. The sheriff department is woefully under staffed. During the planning hearing the Commissioners acknowledged that there are limited deputies, 2 to 0 on during the evenings. This proposed project presents an unwelcomed opportunity for crime in our neighborhood and puts us at risk." The Appellant however offers no data to back up this allegation. Further, all cannabis employees must undergo successful 'live scan' background checks through the Sheriff's Department. Mr. Sanders and his assistant have successfully undertaken this background check, and any future employees that Mr. Sanders employs will be required to pass this background check. 3. Morals. The Appellant has not offered any testimony or facts that would indicate that the morals of persons living or working in this area would be adversely affected. 4. Comfort. The Appellant has not offered any testimony or facts that would indicate that the comfort of persons living or working in this area would be adversely affected. 5. General Welfare. The Appellant states that the safety of the neighborhood would be at risk due to an understaffed Sheriff's Department, but offers no data to support this claim. 6. Property and Improvement. The Appellant stated that crime will increase due to this commercial cannabis cultivation site, however no evidence is offered pertaining to how this would put 'property and improvement' at risk. 2. The Appellant states: "The county is currently not able to adequately address public safety. The sheriff department is woefully under staffed. During the planning hearing the Commissioners acknowledged that there are limited deputies, 2 to 0 on during the evenings. This proposed project presents an unwelcomed opportunity for crime in our neighborhood and puts us at risk." Response: The response to safety was already stated in Response #2, previous page. 3. The Appellant states: "WATER. The applicant and staff were inaccurate presenting the impact of the water use from this project. They have not addressed the water use issues from the multiple illegal grows in the neighborhood, one right across the street, and how that is impacting our fragile water table now, before the Shannon project. Staff was unwilling to address the potential impact of the GII Site and how 700,000 annual gallons needed for the project will impact our hydrosphere." Response: The applicant demonstrated to the Planning Commission's satisfaction that they have a legally established water source on the site. On November 7, 2019, the applicant Sanders submitted a technical memorandum to staff that contained a comprehensive Water Availability Analysis (attached as Exhibit E), which confirmed that the water table is strong in this area and has a rapid recharge rate. The appellant also raised concerns regarding the former PG&E geothermal extraction site, located several lots to the north of the cannabis cultivation site, stating that the cannabis cultivation activity would cause water migration that would lead to toxic waste from the PG&E site to migrate into the aquifer used by neighboring lots. Staff contacted the California Department of Toxic Substances Control (Sacramento office) on July 18, 2019 and obtained the following information: "Geothermal Inc., 19020 Butts Canyon Rd., Middletown, CA 95461. Geothermal Inc. started operations in 1976 producing geothermal energy for Pacific Gas & Electric by extracting underground steam and converting it to electricity. Geothermal operated but went back and forth with DHS to determine if their wastes were RCRA characteristic and at the same time the Regional Board issued a Cease and Desist Order until their surface impoundments were retrofitted. Geothermal later ceased operations in 1987 and filed for bankruptcy in November 1987. A regional management committee was appointed to oversee the investigation, cleanup and closure of the facility. After years of cleanup, Corrective Action released Environmental Indicators that confirm that remedy construction is complete, groundwater migration is under control, and human health exposure is under control. These yeses confirm the clean closure of the facility." (emphasis added; see Exhibit 4) Based on the California Department of Toxic Substance Control's findings stated above, there is no risk to the aquifer related to the prior geothermal extraction that had occurred on 19020 Butts Canyon Road located 2100 feet northwest of the cultivation site under consideration. PG&E Site and Subject Site 4. The Appellant has submitted the names of 10 neighbors who have objected to this proposed project. Response: Adult-use cannabis cultivation is a new phenomenon in Lake County. It is common for neighbors to object to this type of use. The primary objections that staff typically receives are concerns about odor, traffic impacts, safety and water consumption. Three of those concerns are directly or indirectly raised in this appeal, and include odor, safety and water concerns. It appears that all impacts can be mitigated. Lake County has no adopted minimum thresholds for water (aquifer) recharge capability, there is no measurable basis for denying a cultivation application based on water availability at present time, nor is there evidence to support a weak aquifer in this location. Odor can be controlled through filtration systems, and the applicant is required to provide an Odor Control Plan. Increased threats to safety cannot be quantified. The site is generally hidden by trees. The cultivation areas are inside locked greenhouses that are behind a screening fence. The site is accessed through a locked gate, and the applicant must install security surveillance cameras as a condition of approval. Commercial Cannabis Applications A commercial cannabis license can be obtained through a major or a minor use permit depending on the type of cannabis cultivation license that is sought. Approval of a commercial cannabis use permit changes the nature of a residential property into a commercial use. Project Description Applicant/Owner: Shannon Sanders Location: 19424 Butts Canyon Road, Middletown A.P.N.: 014-004-20 Parcel Size: 20.12 acres General Plan: Rural Lands Zoning: "RL - SC"; Rural Lands - Scenic Combining Flood Zone: None Proposed Site Plan PROJECT ANALYSIS The Lake County Zoning Ordinance has three articles that contain relevant requirements to this appeal; Chapter 27, subsection (at); Chapter 51.4, Major Use Permits, and Chapter 58, 'Appeals'. 1. Article 27, subsection (at), Commercial Cannabis Cultivation The following subsections within Article 27 relate to water usage: (d) Minor and Major Use Permits for Commercial cannabis cultivation (5) Responses to the following performance standards questions: (iv) Does the applicant have a legal, on-site source of water? (v) Does the applicant agree to monitor water use and share the data with the County? (vi) Does the applicant agree to make water source available to Cal Fire for firefighting? (8) A complete list of every owner of the applicant entity. Each individual owner shall submit the following information: (xv) Identification of all water sources used for cultivation activities and the estimated volume of water used on a monthly basis. The Applicant has provided proof of water via well within his application package, and has provided a Water Availability Analysis on November 7, 2019. The analysis recommended that the applicant provide several water storage tanks on site that would be used during drier months, and that could be recharged later in the day when water demands are lower. Staff recommends that the Applicant be required to provide at least two 5,000 gallon water storage tanks if the Board of Supervisors deny this appeal and approve the Use Permit and adopt the Initial Study. The applicable new condition would state: H.5. Prior to cultivation, the applicant shall install two 5,000 gallon water tanks to be used for irrigation purposes during drier months. These tanks are to be recharged after 4 pm when water demands are lower. 2. Article 51.4, Major Use Permits, 'Findings Required for Approval' The Board of Supervisors may approve or conditionally approve a Major Use Permit if all of the following findings are made: 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. Response: By approving this use permit, the Planning Commission found that this project met the terms of Lake County Zoning Ordinance, Article 51, subsection 4.1. 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. Response: By approving this use permit, the Planning Commission found that the subject site is +20 acres in size, large enough to accommodate the proposed 25,996 square feet of proposed cultivation area; this total cultivation area represents about 3% of the site, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.2. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. Response: The Planning Commission found that Butts Canyon Road, a County paved road, was adequate for purposes of providing traffic to this site, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.3. 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. Response: The Planning Commission found that the site has adequate public / private services for the cannabis cultivation use, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.4. 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. Response: By approving this use permit, the Planning Commission made the finding that this project was in compliance with the Lake County General Plan, the Middletown Area Plan, and Lake County Zoning Ordinance, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.5. 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. Response: The Community Development Department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.6. APPEAL SUBMITTAL. The Appellant submitted an application for appeal to the Board, along with the required fee and narrative providing the Appellant's basis for appeal. Not applicable ..Recommended Action RECOMMENDED ACTION: A. Deny appeal number AB 19-06. B. Adopt mitigated negative declaration (IS 18-58) for Use Permit (UP 18-43) with the following findings: 1. Potential environmental impacts related to aesthetics have been mitigated to less than significant levels by mitigation measures AES-1 and AES-2. 2. Potential environmental impacts related to air quality have been mitigated to less than significant levels by mitigation measures AQ-1, AQ-2, AQ-3, AQ-4, AQ-5, AQ-6, AQ-7 and AQ-8. 3. Potential environmental impacts related to Cultural and Tribal resources have been mitigated to less than significant levels by Mitigation Measures CUL-1 and CUL-2. 4. Potential environmental impacts related to Hazards and Hazardous Materials have been mitigated to less than significant levels by mitigation measure HHM-1. 4. Potential environmental impacts related to Noise have been mitigated to less than significant levels by mitigation measures NOI-1, NOI-2, and NOI-3. 5. As mitigated, this project will not result in any significant adverse environmental impacts. C. Approve UP 18-43 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. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Middletown Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property. D. Add Condition of Approval number H.5 as follows; H.5. Prior to cultivation, the applicant shall install two 5,000 gallon water tanks to be used for irrigation purposes during drier months. Sample motion: Appeal Denial I move that the Board of Supervisors make an intended decision to deny the Appeal AB 19-06 and uphold the Planning Commission's decision to adopt Initial Study IS 18-58 and approve Major Use Permit 18-43 as modified, as applied for by Shannon Sanders for property located at 19424 Butts Canyon Road, Middletown; APN number 014-004-20, and direct County Counsel to prepare findings of fact. Reviewed by Michalyn DelValle:

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Original memo text
..Title ..Body MEMORANDUM Date: January 14, 2020 To: Board of Supervisors From: Michalyn DelValle, Community Development Director Eric Porter, Associate Planner Subject: Appeal to Board of Supervisors, AB 19-06 of Major Use Permit, UP 18-43 and Initial Study, IS 18-58. APN: 014-004-20 Supervisor District 1 EXHIBITS: A. AB 19-06 Application including Appellant's Attachments B. Planning Commission Staff Report with Attachments dated June 17, 2019 C. Planning Commission Minutes from June 27, 2019 Public Hearing D. Copy of California Department of Toxic Substance Control review of 19020 Butts Canyon (PG&E) Site Evaluation E. Water Availability Analysis, dated November 6, 2019 EXECUTIVE SUMMARY: The Appellant, Judson Hodges, is appealing the Planning Commission's June 27, 2019 decision to adopt a Mitigated Negative Declaration and approve a Major Use Permit (files no. UP 18-43 and IS 18-58), which if approved would allow an A-Type 3B (medium mixed light) commercial cannabis cultivation site at 19424 Butts Canyon Road, Middletown; APN number 014-004-20. Approval would allow 25,996 square feet (s.f.) of cultivation area and up to 21,996 s.f. of canopy inside (13) 98' x 20' greenhouses, as well as a 4,000 s.f. drying building. The Planning Commission required permanent restrooms in the drying building that were ADA compliant along with a hand-wash station, also ADA compliant. Background The use permit applicant and property owner, Shannon Sanders, applied for an A-Type 3B (medium mixed light) commercial cannabis application using 13 greenhouses. The site is pastoral, and is accessed via gravel driveway. The site is compliant with Public Resource Codes 4290 and 4291 (CalFire regulations). The cultivation site was burned in the Valley Fire; the center of the property is a burn scar - the applicant had removed some dead oak trees, and the cultivation site is flat, and is concealed from view based on the terrain and the heavy shrub and tree growth that is still present and had not burned in the Valley Fire. On June 27, 2019, the Planning Commission held the public hearing for the major use permit; took testimony, deliberated, then voted to approve Major Use Permit UP 18-43 and adopt initial study IS 18-58. This appeal followed. Of note: two online petitions were put on the internet approximately one week prior to the hearing; one was in support of this application, and one was against the application. Over 700 people signed the two petitions; the mixture of those in support and in opposition is about 50/50 (slightly more were opposed to it). Zoning of Subject Site and Vicinity Basis of the Appeal The Appellant, Judson Hodges, cited several aspects of the project that he opined did not meet several specific Zoning Ordinance sections (Article 51.4, subsection #1, "Safety" (no specific code section referenced), and "Water" (no specific code section referenced). The Appellant stated the following: 1. "The project does not meet the requirement of article 51.4, #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 presentation by the applicant during the Planning Commission hearing did not adequately address this." Response: It is unclear by the Appellant's concern raised exactly which portion of this code the Appellant believes was not met by the Planning Commission ("Commission") The Commission adopted the following finding: "The immediate area contains rural land with several homes, one of which is located about 635 feet away from the cultivation site. As previously discussed, the primary potential impacts resulting from this proposal appear to be Aesthetics (greenhouse buildings as viewed from the south along Butts Canyon Road), Air Quality (odor) and Noise. All of these significant impacts have been adequately addressed within the applicant's submittal for the reasons previously stated." Article 51.4 requires the Planning Commission to find that the use permit will not 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." Here are the responses to each of these items: 1. Health. The Appellant has not demonstrated any substantive reasons why the growing of commercial cannabis might be detrimental to the health of those in the vicinity. The plants will be grown in greenhouses, which has the potential of having odors reduced through the use of various odor control devices. Condition no. C-1 requires the Applicant to submit an Odor Control Plan to Community Development Department for review and acceptance, or review and revision (or denial) prior to cultivation. 2. Safety. The Appellant states "The county is currently not able to adequately address public safety. The sheriff department is woefully under staffed. During the planning hearing the Commissioners acknowledged that there are limited deputies, 2 to 0 on during the evenings. This proposed project presents an unwelcomed opportunity for crime in our neighborhood and puts us at risk." The Appellant however offers no data to back up this allegation. Further, all cannabis employees must undergo successful 'live scan' background checks through the Sheriff's Department. Mr. Sanders and his assistant have successfully undertaken this background check, and any future employees that Mr. Sanders employs will be required to pass this background check. 3. Morals. The Appellant has not offered any testimony or facts that would indicate that the morals of persons living or working in this area would be adversely affected. 4. Comfort. The Appellant has not offered any testimony or facts that would indicate that the comfort of persons living or working in this area would be adversely affected. 5. General Welfare. The Appellant states that the safety of the neighborhood would be at risk due to an understaffed Sheriff's Department, but offers no data to support this claim. 6. Property and Improvement. The Appellant stated that crime will increase due to this commercial cannabis cultivation site, however no evidence is offered pertaining to how this would put 'property and improvement' at risk. 2. The Appellant states: "The county is currently not able to adequately address public safety. The sheriff department is woefully under staffed. During the planning hearing the Commissioners acknowledged that there are limited deputies, 2 to 0 on during the evenings. This proposed project presents an unwelcomed opportunity for crime in our neighborhood and puts us at risk." Response: The response to safety was already stated in Response #2, previous page. 3. The Appellant states: "WATER. The applicant and staff were inaccurate presenting the impact of the water use from this project. They have not addressed the water use issues from the multiple illegal grows in the neighborhood, one right across the street, and how that is impacting our fragile water table now, before the Shannon project. Staff was unwilling to address the potential impact of the GII Site and how 700,000 annual gallons needed for the project will impact our hydrosphere." Response: The applicant demonstrated to the Planning Commission's satisfaction that they have a legally established water source on the site. On November 7, 2019, the applicant Sanders submitted a technical memorandum to staff that contained a comprehensive Water Availability Analysis (attached as Exhibit E), which confirmed that the water table is strong in this area and has a rapid recharge rate. The appellant also raised concerns regarding the former PG&E geothermal extraction site, located several lots to the north of the cannabis cultivation site, stating that the cannabis cultivation activity would cause water migration that would lead to toxic waste from the PG&E site to migrate into the aquifer used by neighboring lots. Staff contacted the California Department of Toxic Substances Control (Sacramento office) on July 18, 2019 and obtained the following information: "Geothermal Inc., 19020 Butts Canyon Rd., Middletown, CA 95461. Geothermal Inc. started operations in 1976 producing geothermal energy for Pacific Gas & Electric by extracting underground steam and converting it to electricity. Geothermal operated but went back and forth with DHS to determine if their wastes were RCRA characteristic and at the same time the Regional Board issued a Cease and Desist Order until their surface impoundments were retrofitted. Geothermal later ceased operations in 1987 and filed for bankruptcy in November 1987. A regional management committee was appointed to oversee the investigation, cleanup and closure of the facility. After years of cleanup, Corrective Action released Environmental Indicators that confirm that remedy construction is complete, groundwater migration is under control, and human health exposure is under control. These yeses confirm the clean closure of the facility." (emphasis added; see Exhibit 4) Based on the California Department of Toxic Substance Control's findings stated above, there is no risk to the aquifer related to the prior geothermal extraction that had occurred on 19020 Butts Canyon Road located 2100 feet northwest of the cultivation site under consideration. PG&E Site and Subject Site 4. The Appellant has submitted the names of 10 neighbors who have objected to this proposed project. Response: Adult-use cannabis cultivation is a new phenomenon in Lake County. It is common for neighbors to object to this type of use. The primary objections that staff typically receives are concerns about odor, traffic impacts, safety and water consumption. Three of those concerns are directly or indirectly raised in this appeal, and include odor, safety and water concerns. It appears that all impacts can be mitigated. Lake County has no adopted minimum thresholds for water (aquifer) recharge capability, there is no measurable basis for denying a cultivation application based on water availability at present time, nor is there evidence to support a weak aquifer in this location. Odor can be controlled through filtration systems, and the applicant is required to provide an Odor Control Plan. Increased threats to safety cannot be quantified. The site is generally hidden by trees. The cultivation areas are inside locked greenhouses that are behind a screening fence. The site is accessed through a locked gate, and the applicant must install security surveillance cameras as a condition of approval. Commercial Cannabis Applications A commercial cannabis license can be obtained through a major or a minor use permit depending on the type of cannabis cultivation license that is sought. Approval of a commercial cannabis use permit changes the nature of a residential property into a commercial use. Project Description Applicant/Owner: Shannon Sanders Location: 19424 Butts Canyon Road, Middletown A.P.N.: 014-004-20 Parcel Size: 20.12 acres General Plan: Rural Lands Zoning: "RL - SC"; Rural Lands - Scenic Combining Flood Zone: None Proposed Site Plan PROJECT ANALYSIS The Lake County Zoning Ordinance has three articles that contain relevant requirements to this appeal; Chapter 27, subsection (at); Chapter 51.4, Major Use Permits, and Chapter 58, 'Appeals'. 1. Article 27, subsection (at), Commercial Cannabis Cultivation The following subsections within Article 27 relate to water usage: (d) Minor and Major Use Permits for Commercial cannabis cultivation (5) Responses to the following performance standards questions: (iv) Does the applicant have a legal, on-site source of water? (v) Does the applicant agree to monitor water use and share the data with the County? (vi) Does the applicant agree to make water source available to Cal Fire for firefighting? (8) A complete list of every owner of the applicant entity. Each individual owner shall submit the following information: (xv) Identification of all water sources used for cultivation activities and the estimated volume of water used on a monthly basis. The Applicant has provided proof of water via well within his application package, and has provided a Water Availability Analysis on November 7, 2019. The analysis recommended that the applicant provide several water storage tanks on site that would be used during drier months, and that could be recharged later in the day when water demands are lower. Staff recommends that the Applicant be required to provide at least two 5,000 gallon water storage tanks if the Board of Supervisors deny this appeal and approve the Use Permit and adopt the Initial Study. The applicable new condition would state: H.5. Prior to cultivation, the applicant shall install two 5,000 gallon water tanks to be used for irrigation purposes during drier months. These tanks are to be recharged after 4 pm when water demands are lower. 2. Article 51.4, Major Use Permits, 'Findings Required for Approval' The Board of Supervisors may approve or conditionally approve a Major Use Permit if all of the following findings are made: 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. Response: By approving this use permit, the Planning Commission found that this project met the terms of Lake County Zoning Ordinance, Article 51, subsection 4.1. 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. Response: By approving this use permit, the Planning Commission found that the subject site is +20 acres in size, large enough to accommodate the proposed 25,996 square feet of proposed cultivation area; this total cultivation area represents about 3% of the site, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.2. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. Response: The Planning Commission found that Butts Canyon Road, a County paved road, was adequate for purposes of providing traffic to this site, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.3. 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. Response: The Planning Commission found that the site has adequate public / private services for the cannabis cultivation use, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.4. 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. Response: By approving this use permit, the Planning Commission made the finding that this project was in compliance with the Lake County General Plan, the Middletown Area Plan, and Lake County Zoning Ordinance, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.5. 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. Response: The Community Development Department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code, thereby meeting the terms of Lake County Zoning Ordinance, Article 51, subsection 4.6. APPEAL SUBMITTAL. The Appellant submitted an application for appeal to the Board, along with the required fee and narrative providing the Appellant's basis for appeal. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☒ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? ..Recommended Action RECOMMENDED ACTION: A. Deny appeal number AB 19-06. B. Adopt mitigated negative declaration (IS 18-58) for Use Permit (UP 18-43) with the following findings: 1. Potential environmental impacts related to aesthetics have been mitigated to less than significant levels by mitigation measures AES-1 and AES-2. 2. Potential environmental impacts related to air quality have been mitigated to less than significant levels by mitigation measures AQ-1, AQ-2, AQ-3, AQ-4, AQ-5, AQ-6, AQ-7 and AQ-8. 3. Potential environmental impacts related to Cultural and Tribal resources have been mitigated to less than significant levels by Mitigation Measures CUL-1 and CUL-2. 4. Potential environmental impacts related to Hazards and Hazardous Materials have been mitigated to less than significant levels by mitigation measure HHM-1. 4. Potential environmental impacts related to Noise have been mitigated to less than significant levels by mitigation measures NOI-1, NOI-2, and NOI-3. 5. As mitigated, this project will not result in any significant adverse environmental impacts. C. Approve UP 18-43 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. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Middletown Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property. D. Add Condition of Approval number H.5 as follows; H.5. Prior to cultivation, the applicant shall install two 5,000 gallon water tanks to be used for irrigation purposes during drier months. Sample motion: Appeal Denial I move that the Board of Supervisors make an intended decision to deny the Appeal AB 19-06 and uphold the Planning Commission's decision to adopt Initial Study IS 18-58 and approve Major Use Permit 18-43 as modified, as applied for by Shannon Sanders for property located at 19424 Butts Canyon Road, Middletown; APN number 014-004-20, and direct County Counsel to prepare findings of fact. Reviewed by Michalyn DelValle:
On motion of Supervisor Sabatier, and by vote of the Board, denied Appeal AB 19-06 and upheld the Planning Commission’s decision to adopt Initial Study IS 18-58 and approve Major Use Permit 18-43 as modified including the new condition due to the fact that there is a PG&E site nearby following applicable local, state, and federal standards, as applied for by Shannon Sanders for property located at 19424 Butts Canyon Road, Middletown; APN number 014-004-20, and directed County Counsel to prepare findings of fact. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: All parties to the hearing were sworn in by the Clerk. Associate Planner Eric Porter presented the PowerPoint presentation to the Board. Judson Hodges, Gail Wright, Arlene Hawkinson, County Counsel Anita Grant, County Administrative Officer Carol Huchingson, Community Development Director Michalyn DelValle, Max Hopkins, Ryan Crawford, Shannon Sanders, and Newt Jackson spoke. Chair Simon asked if anyone present wished to speak and the following people spoke: Joan Moss, Jim Comstock, Fletcher Thorton, Erin McCarick, Lance Williams, Richard Derum, Mary Draper, Michael Wagner, and Nick Nochera. No one else wished to speak and the public input portion of this item was closed.
6.510:15 A.M. - Discussion and Consideration of a Response to Letter from City of Clearlake Re: Treasurer/ Tax Collector Action Item
no itemized roll call in the official record
Staff memo

Date: January 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Supervisor Bruno Sabatier & Supervisor Rob Brown · Subject: Response to Letter from City of Clearlake Re: Treasurer/Tax Collector

Executive Summary

(include fiscal and staffing impact narrative): On November 20, 2019, the City of Clearlake approved and submitted to the Board of Supervisors a letter regarding Lake County Treasurer/Tax Collector performing her official functions. The Treasurer/Tax Collector ad hoc committee has met and discussed this letter and will present some answers to the Board as well as to the public. In addition, we will offer an update as to what the status of the current tax auction status is for the anticipated March 2020 tax sale of defaulted properties. Not applicable

Recommended Action

This is for discussion only, possible direction to staff and ad hoc committee.

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Original memo text
Memorandum Date: January 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Supervisor Bruno Sabatier & Supervisor Rob Brown Subject: Response to Letter from City of Clearlake Re: Treasurer/Tax Collector Executive Summary: (include fiscal and staffing impact narrative): On November 20, 2019, the City of Clearlake approved and submitted to the Board of Supervisors a letter regarding Lake County Treasurer/Tax Collector performing her official functions. The Treasurer/Tax Collector ad hoc committee has met and discussed this letter and will present some answers to the Board as well as to the public. In addition, we will offer an update as to what the status of the current tax auction status is for the anticipated March 2020 tax sale of defaulted properties. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☒ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: This is for discussion only, possible direction to staff and ad hoc committee.
Discussion item only.
Clerk’s notes: Supervisor Sabatier presented the item to the Board. Treasurer-Tax Collector Barbara Ringen, Auditor-Controller/ County Clerk Cathy Saderlund, and Clearlake City Manager Alan Flora spoke. Assistant Treasurer-Tax Collector Elizabeth Martinez was present. Chair Simon asked if anyone present wished to speak and Michael Green spoke. No one else wished to speak and the public input portion of this item was closed.

7. Non-Timed Items

7.1Supervisors’ weekly calendar, travel and reports
7.2(a) Consideration of Resolution Declaring County Property Surplus and Authorizing the Sale of a Portion of the Property to the Lake County Transit Authority (LTA), and (b) Consideration of Letter of Support for LTA’s Bus Depot Project Action Item Motion carried
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: 01/14/2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Supervisor Bruno Sabatier & Supervisor Moke Simon · Subject: (a) Consideration of Resolution Declaring County Property Surplus and Authorizing the Sale of a Portion of the Property to the Lake County Transit Authority (LTA), and (b) Consideration of Letter of Support for LTA's Bus Depot Project

Executive Summary

(include fiscal and staffing impact narrative): The County has owned a property on 7175 South Center Drive in the City of Clearlake. The Lake Transit Authority has had an interest in purchasing a portion of this property in order to develop the land which includes a bus depot. The current bus depot is located in the parking lot between Big 5 and Walmart and is not a safe or adequate bus depot to meet the needs of Lake Transit Authority. The County has surveyed and split off the portion of the property that is wanted by the Lake Transit Authority for the development of a bus depot. Via the surveyor's report, a legal description is not currently available until an APN number is created for this new parcel that has been split from the original parcel. The Assessor's office is in the process of getting this completed. Lake Transit Authority is working on a grant to obtain the funds needed to begin construction of the bus depot. The grant application is due 1/17/2020. Therefore, a letter of support is also being offered for the Board's consideration and approval to show the collaboration and support from the community within their grant application. This, mixed with the intent to sell to Lake Transit Authority, will provide what they need to complete their grant and submit it timely.

Recommended Action

We recommend you (a) Adopt the Resolution Declaring County Property Surplus and Authorizing the Sale of a Portion of the Property to the Lake County Transit Authority (LTA), and (b) and Approve the Letter of Support for LTA's Bus Depot Project.

No additional funding requested — the memo's cost fields were left blank, which on this form means the item is already budgeted.

Strategic priorities: Infrastructure Community Collaboration

Original memo text
Memorandum Date: 01/14/2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Supervisor Bruno Sabatier & Supervisor Moke Simon Subject: (a) Consideration of Resolution Declaring County Property Surplus and Authorizing the Sale of a Portion of the Property to the Lake County Transit Authority (LTA), and (b) Consideration of Letter of Support for LTA's Bus Depot Project Executive Summary: (include fiscal and staffing impact narrative): The County has owned a property on 7175 South Center Drive in the City of Clearlake. The Lake Transit Authority has had an interest in purchasing a portion of this property in order to develop the land which includes a bus depot. The current bus depot is located in the parking lot between Big 5 and Walmart and is not a safe or adequate bus depot to meet the needs of Lake Transit Authority. The County has surveyed and split off the portion of the property that is wanted by the Lake Transit Authority for the development of a bus depot. Via the surveyor's report, a legal description is not currently available until an APN number is created for this new parcel that has been split from the original parcel. The Assessor's office is in the process of getting this completed. Lake Transit Authority is working on a grant to obtain the funds needed to begin construction of the bus depot. The grant application is due 1/17/2020. Therefore, a letter of support is also being offered for the Board's consideration and approval to show the collaboration and support from the community within their grant application. This, mixed with the intent to sell to Lake Transit Authority, will provide what they need to complete their grant and submit it timely. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☒ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: We recommend you (a) Adopt the Resolution Declaring County Property Surplus and Authorizing the Sale of a Portion of the Property to the Lake County Transit Authority (LTA), and (b) and Approve the Letter of Support for LTA's Bus Depot Project.
(a) Supervisor Sabatier offered the resolution and it was passed by roll call vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Brown, Scott, and Simon (b) On motion of Supervisor Sabatier, and by vote of the Board, approved Letter of Support for LTA’s Bus Depot Project. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Brown, Scott, and Simon
Clerk’s notes: Supervisor Sabatier presented the item to the Board. County Administrative Officer Carol Huchingson spoke. Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.

8. Closed Session

8.1Conference with Labor Negotiator: (a) Chief Negotiator: M. Long; County Negotiators: C. Huchingson and P. Samac; and (b) Employee Organizations: LCDDAA, LCDSA, LCCOA, LCEA, LCSEA and LCSMA Closed Session Item
8.2Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code sec. 45956.9 (d)(1) – Existing Litigation: Heart Consciousness Church v. County of Lake, et al. Closed Session Item
8.3Conference with Legal Counsel: Existing litigation pursuant to Gov. Code sec. 54956.9(d)(1): John vs. County of Lake, et al. Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 1:34 p.m. having taken no action.

9. Adjournment