Board Of Supervisors — Tuesday, March 3, 2020
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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
5.1(Continued from February 25, 2020 Meeting) - Approve Addendum to the Commercial Lease Agreement between the County of Lake and Tri-Star Properties, L.P. for the lease of property located at 845 and 849 Bevins Street, Lakeport, CA 95453 in the amount of $1,964.07 per month and authorize the Chair to sign
Agreement
passed on consent
Staff memo
Executive Summary
Attached, for your approval is Addendum to the Commercial Lease Agreement between the County of Lake and Tri-Star Properties, L.P. for the lease of property located at 845 and 849 Bevins Street, Lakeport, CA 95453 in the amount of $1,964.07 per month.
Lake County Behavioral Health Services operates one of its wellness centers known as the Circle of Native Minds at this property. This lease is for the term of September 1, 2016 through August 31, 2021. Per this Commercial Lease Agreement, rent shall be adjusted annually based on the U.S. Consumer Price Index (CPI) of the Bureau of Labor Statistics of the Department of Labor for All Urban Consumers for the West Urban Region. Per the CPI, the base rent will be increased by 3.9% for a new base rent of $1,964.07 per month effective September 1, 2017. The new cost per year will be $23,568.84.
Recommended Action
Approve Addendum to the Commercial Lease Agreement between the County of Lake and Tri-Star Properties, L.P. for the lease of property located at 845 and 849 Bevins Street, Lakeport, CA 95453 in the amount of $1,964.07 per month and authorize the Chair to sign
| Estimated Cost | $25,568.84 |
|---|---|
| Amount Budgeted | $25,568.84 |
Original memo text
Memorandum
Date: March 3, 2020
To: Lake County Board of Supervisors
From: Todd Metcalf, B.S., Behavioral Health Services Administrator
Subject: Approve Addendum to the Commercial Lease Agreement between the County of Lake and Tri-Star Properties, L.P. for the lease of property located at 845 and 849 Bevins Street, Lakeport, CA 95453 in the amount of $1,964.07 per month and authorize the Chair to sign
Executive Summary: Attached, for your approval is Addendum to the Commercial Lease Agreement between the County of Lake and Tri-Star Properties, L.P. for the lease of property located at 845 and 849 Bevins Street, Lakeport, CA 95453 in the amount of $1,964.07 per month.
Lake County Behavioral Health Services operates one of its wellness centers known as the Circle of Native Minds at this property. This lease is for the term of September 1, 2016 through August 31, 2021. Per this Commercial Lease Agreement, rent shall be adjusted annually based on the U.S. Consumer Price Index (CPI) of the Bureau of Labor Statistics of the Department of Labor for All Urban Consumers for the West Urban Region. Per the CPI, the base rent will be increased by 3.9% for a new base rent of $1,964.07 per month effective September 1, 2017. The new cost per year will be $23,568.84.
If not budgeted, fill in the blanks below only:
Estimated Cost: $25,568.84 Amount Budgeted: $25,568.84 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
Recommended Action: Approve Addendum to the Commercial Lease Agreement between the County of Lake and Tri-Star Properties, L.P. for the lease of property located at 845 and 849 Bevins Street, Lakeport, CA 95453 in the amount of $1,964.07 per month and authorize the Chair to sign
5.2Adopt Resolution to Indicate No Objection to the Proposed Expansion of the Existing Helipad at the Boggs Mountain Helitack Base
Resolution
passed on consent
Motion carried
Carried 4-0 — moved by Scott
Brown: absent Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: absent Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
The State Department of Forestry and Fire Protection (Calfire) plans to house a larger helicopter at the Boggs Mountain Station, and a larger helicopter parking pad will be required for this aircraft. No changes are planned to the flight path or operations, only an increase in the size of the parking pad. Caltrans, who administers all aeronautical use permits in the State, requires a review by the local Airport Land Use Commission and a Resolution from the local governmental agency as part of the permitting process.
The Airport Land Use Commission considered the proposed expansion at their meeting in February, and found that the project had no impact on the use or operations at Lampson Airfield, and this item is intended to create a Resolution from your Board indicating you have no objection to the project as well.
Recommended Action
Adopt Resolution to indicate no objection to the proposed expansion of the existing helipad at the Boggs Mountain Helitack Base.
Original memo text
Memorandum
Date: March 3, 2020
To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors
From: Scott De Leon, Public Works Director
Subject: Adopt Resolution to Indicate No Objection to the Proposed Expansion of the Existing Helipad at the Boggs Mountain Helitack Base
Executive Summary: (include fiscal and staffing impact narrative):
The State Department of Forestry and Fire Protection (Calfire) plans to house a larger helicopter at the Boggs Mountain Station, and a larger helicopter parking pad will be required for this aircraft. No changes are planned to the flight path or operations, only an increase in the size of the parking pad. Caltrans, who administers all aeronautical use permits in the State, requires a review by the local Airport Land Use Commission and a Resolution from the local governmental agency as part of the permitting process.
The Airport Land Use Commission considered the proposed expansion at their meeting in February, and found that the project had no impact on the use or operations at Lampson Airfield, and this item is intended to create a Resolution from your Board indicating you have no objection to the project as well.
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 to indicate no objection to the proposed expansion of the existing helipad at the Boggs Mountain Helitack Base.
On motion of Supervisor Scott, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.2. The motion carried by the following vote:
Ayes- Supervisors: 4 - Sabatier, Crandell, Scott, and Simon
Absent- Supervisor: 1 - Brown
6. Timed Items
6.19:05 A.M. - Public Input
Clerk’s notes: Public Health Officer Dr. Gary Pace and Sheriff Brian Martin spoke.
6.29:15 A.M. - Notice of Lien Hearing for David Deti; 12498 Oak St. Clearlake Oaks
Action Item
approved — Pass
Carried 5-0 — moved by Crandell
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Exhibits: 1. Notice of Assessment
2. Photos Before Abatement
3. Grant Deed
4. Notice of Nuisance and Order to Abate 11-14-2018
5. Notice of Nuisance and Order to Abate 8-28-2019
6. Photo of Placement of 11-14-2018 NONOTA
7. Certified Mail Receipt 11-15-2018
8. Email from Family of David Deti
9. Photo of Placement of 8-28-2019 NONOTA
10. Certified Mail Receipt 9-25-2019
11. Right of Entry Permit Signed by Sister
12. Right of Entry Permit Signed by Mother
13. Abatement Quotes
14. 24 Hour Notice
15. Photos After Abatement
16. Boat Abatement
17. Task Sheet
Executive Summary
(include fiscal and staffing impact narrative):
I. PROPERTY DESCRIPTION:
Property Owner: Deti, David (deceased)
Property Address: 12498 Oak St., Clearlake Oaks, CA (property)
APN: 035-152-60
Zoning: R1, Single Family Residential District
Existing Conditions: Located on the property is a single family dwelling.
II. SUBJECT/PURPOSE:
Staff is requesting confirmation by the Board to prepare and record a "Notice of Lien" against the property in accordance with LCCO Chapter 13, Article VI, Section 13-43.1. In accordance with Chapter 13, Article IV, Section 13-42.1, the Board shall hear and consider the account and proposed assessment.
If the Board provides confirmation, then pursuant to LCCO Chapter 13, Article VI, Section 13-43.3, the "Notice of Lien" shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments.1
III. NOTICE OF ASSESSMENT HEARING:
In accordance with Lake County Code Chapter 13, Article VI, Section 13-41.1 (Notice of Assessment) and Section 13-41.2 (Hearing on Account and Proposed Assessment), a "Notice of Special Assessment" was prepared and mailed via certified mail to the property owners reflected on the title per County records and posted on/at the property. In addition, the Notice of Special Assessment was placed in the Lake County Recorder-Bee and Lake County News. (Exhibit 1)
IV. ABATEMENT SUMMARY
Basis for Investigation/Complaints:
On November 13, 2018, complaints were received from Lake County Animal Control alleging the property was a mess. A second complaint was received on August 13, 2019, alleging there was garbage on the property. Additional verbal complaints were received from the surrounding neighbors complaining about the trash and persons breaking into the property. (Exhibit 2-Photos before abatement action)
Property Owner:
According to County records, the property owner/responsible party was identified as David Deti based upon the grant deed and information obtained from the County Tax Collectors Office. (Exhibit 3) The Death Certificate for David Deti reflects his date of death as being November 17, 2018.
Formal Action:
On November 14, 2018, the property was deemed not to be in compliance with the County Code. A "Notice of Nuisance and Order to Abate" (NONOTA)2 was issued against the property. The NONOTA cited violations of:
* Open and Outdoor Storage of junk and/or household garbage in violation of LCC section(s) 21-41.12.
* Failure to properly dispose of trash in accordance with LCC Chapter 13, Section 13-11.
* Substandard dwelling in violation of California Health and Safety Code 17920.3.
* Failure to remove or maintain weeds in accordance with LCC Chapter 13, Section 13-10.
* Open and Outdoor Storage of inoperable vehicles in violation of Section 21-2.6, 21.3.8(a), and 21-41.12. (Exhibit 4)
On August 28, 2019, the property was deemed to still not to be in compliance with the County Code. A NONOTA3 was issued for the property. The NONOTA for violations of:
* Open and Outdoor Storage of junk and/or household garbage in violation of LCC Section 21-41.12.
* Failure to properly dispose of trash in accordance with LCC Chapter 13, Section 13-11.
* Substandard dwelling in violation of California Health and Safety Code 17920.3. (Exhibit 5)
Service:
Service of the NONOTA(s) was made in accordance with Chapter 13, Section 13-6.2 (a) (1)4:
For the November 14, 2018 NONOTA, attempts were made to provide the property owner notice by:
* Posting the NONOTA on/at a conspicuous place on/at the property. (Exhibit 6)
* Mailing the NONOTA via certified mail: (1) on November 14, 2018 to the property owner, David Deti at his address(es) listed with County records of 12498 Oak St., Clearlake Oaks, CA and (2) on November 15, 2018 to PO Box 236, Clearlake Park, CA. (Exhibit 7)
* On November 26, 2018, an email was received from Cindy Milloch, the sister of David Deti stating, "...Donna Deti (mother of David Deti) and Cindy Milloch wish to give up all rights and responsibility to the property of David Deti to Lake County.". (Exhibit 8)
For the August 28, 2019 NONOTA, attempts were made to contact the property by or next of kin:
* Posting the NONOTA on/at a conspicuous place on/at the property. (Exhibit 9)
* Mailing the NONOTA via certified mail on September 25, 2019 to the property owner, David Deti at his address listed with County records of PO Box 236, Clearlake Park, CA. (Exhibit 10)
* On September 17, 2019, Cynthia Milloch, sister to David Deti signed a "Right-of-Entry Permit". (Exhibit 11)
* On October 31, 2019, Donna Deti, mother to David Deti signed a "Right-of-Entry Permit". (Exhibit 12)
Corrective Action:
The property owner failed to correct the issues cited in the NONOTA or failed to contact this Department to formulate a plan of progression to achieve compliance.
Abatement Action:
On September 26, 2019, a blind-copy email was emailed to an existing list of contractors soliciting quotes for the abatement of the property5: Two quotes were received: (1) Leonard's Hauling for $18,900 and (2) Coleman Environmental Engineering Inc. for $25,225. (Exhibit 13)
On November 13, 2019, a warrant was signed by Lake County Superior Court Judge and executed in order to access the property. On November 13, 2019, a 24 Hour Notice was posted on the property pursuant to California Code of Civil Procedures 1822.56 (Exhibit 14). The property was abated and all trash, junk, and other materials were removed from the property and a new gate was installed to secure the property. (Exhibit 15)
On November 27, 2019, a boat on a trailer, with trash piled in it, was discovered on Stubbs Rd. in Clearlake Oaks. Per the DMV information, David Deti was reflected as the registered owner. It was determined at the time, the cost to include the boat on the trailer as part of the prior abatement action was a more cost efficient option for the County rather than having the boat and trailer removed under the AVA program. Leonard's Hauling was contracted with to remove the boat for $700. (Exhibit 16)
Action taken by the Board will result in a Notice of Lien recorded with the County Recorder and a Special Assessment entered by the County Auditor. Recordation of the Special Assessment provides priority over all private liens, regardless of the time of their creation, including the prior recorded mortgages against the identified real property6.
1 Shall be subject to the same penalties and interest and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment.
2 The NONOTA issued met the criteria set forth in Chapter 13, Article I, Section 13-6.1.
3 The NONOTA issued met the criteria set forth in Chapter 13, Article I, Section 13-6.1.
4 Such notice shall be deemed properly served if a copy thereof is either; (2) Sent by certified or registered mail addressed to every responsible party at the last known address with return receipt requested, and posted at the site.
5 At the time, CDD utilized an informal list of contractors, since CDD has revamped its process pursuant to County policies and procedures Ch. 3 and 4 Community Development and Consultant Selection.
6 California Revenue & Taxation Code �� 2192.1, 3712; California Government Code � 53935
Recommended Action
Staff recommends the Board of Supervisors confirm the Special Assessment of $19,716.14, and direct staff to record a Special Assessment lien against the property. The cost of abatement services was $18,900 + $700. The administrative costs on this case amounted to $116.14.
1 Shall be subject to the same penalties and interest and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment.
2 The NONOTA issued met the criteria set forth in Chapter 13, Article I, Section 13-6.1.
3 The NONOTA issued met the criteria set forth in Chapter 13, Article I, Section 13-6.1.
4 Such notice shall be deemed properly served if a copy thereof is either; (2) Sent by certified or registered mail addressed to every responsible party at the last known address with return receipt requested, and posted at the site.
5 At the time, CDD utilized an informal list of contractors, since CDD has revamped its process pursuant to County policies and procedures Ch. 3 and 4 Community Development and Consultant Selection.
6 California Revenue & Taxation Code �� 2192.1, 3712; California Government Code � 53935
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| Estimated Cost | $29,716.14 |
|---|
Original memo text
Memorandum
Date: March 3, 2020
To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors
From: Scott De Leon, Community Development Director
Andrew Williams, Code Enforcement Manager
Marcus Beltramo, Code Enforcement Officer
Subject: Notice of Lien Hearing for David Deti; 12498 Oak St. Clearlake Oaks
Exhibits: 1. Notice of Assessment
2. Photos Before Abatement
3. Grant Deed
4. Notice of Nuisance and Order to Abate 11-14-2018
5. Notice of Nuisance and Order to Abate 8-28-2019
6. Photo of Placement of 11-14-2018 NONOTA
7. Certified Mail Receipt 11-15-2018
8. Email from Family of David Deti
9. Photo of Placement of 8-28-2019 NONOTA
10. Certified Mail Receipt 9-25-2019
11. Right of Entry Permit Signed by Sister
12. Right of Entry Permit Signed by Mother
13. Abatement Quotes
14. 24 Hour Notice
15. Photos After Abatement
16. Boat Abatement
17. Task Sheet
Executive Summary: (include fiscal and staffing impact narrative):
I. PROPERTY DESCRIPTION:
Property Owner: Deti, David (deceased)
Property Address: 12498 Oak St., Clearlake Oaks, CA (property)
APN: 035-152-60
Zoning: R1, Single Family Residential District
Existing Conditions: Located on the property is a single family dwelling.
II. SUBJECT/PURPOSE:
Staff is requesting confirmation by the Board to prepare and record a "Notice of Lien" against the property in accordance with LCCO Chapter 13, Article VI, Section 13-43.1. In accordance with Chapter 13, Article IV, Section 13-42.1, the Board shall hear and consider the account and proposed assessment.
If the Board provides confirmation, then pursuant to LCCO Chapter 13, Article VI, Section 13-43.3, the "Notice of Lien" shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments.1
III. NOTICE OF ASSESSMENT HEARING:
In accordance with Lake County Code Chapter 13, Article VI, Section 13-41.1 (Notice of Assessment) and Section 13-41.2 (Hearing on Account and Proposed Assessment), a "Notice of Special Assessment" was prepared and mailed via certified mail to the property owners reflected on the title per County records and posted on/at the property. In addition, the Notice of Special Assessment was placed in the Lake County Recorder-Bee and Lake County News. (Exhibit 1)
IV. ABATEMENT SUMMARY
Basis for Investigation/Complaints:
On November 13, 2018, complaints were received from Lake County Animal Control alleging the property was a mess. A second complaint was received on August 13, 2019, alleging there was garbage on the property. Additional verbal complaints were received from the surrounding neighbors complaining about the trash and persons breaking into the property. (Exhibit 2-Photos before abatement action)
Property Owner:
According to County records, the property owner/responsible party was identified as David Deti based upon the grant deed and information obtained from the County Tax Collectors Office. (Exhibit 3) The Death Certificate for David Deti reflects his date of death as being November 17, 2018.
Formal Action:
On November 14, 2018, the property was deemed not to be in compliance with the County Code. A "Notice of Nuisance and Order to Abate" (NONOTA)2 was issued against the property. The NONOTA cited violations of:
* Open and Outdoor Storage of junk and/or household garbage in violation of LCC section(s) 21-41.12.
* Failure to properly dispose of trash in accordance with LCC Chapter 13, Section 13-11.
* Substandard dwelling in violation of California Health and Safety Code 17920.3.
* Failure to remove or maintain weeds in accordance with LCC Chapter 13, Section 13-10.
* Open and Outdoor Storage of inoperable vehicles in violation of Section 21-2.6, 21.3.8(a), and 21-41.12. (Exhibit 4)
On August 28, 2019, the property was deemed to still not to be in compliance with the County Code. A NONOTA3 was issued for the property. The NONOTA for violations of:
* Open and Outdoor Storage of junk and/or household garbage in violation of LCC Section 21-41.12.
* Failure to properly dispose of trash in accordance with LCC Chapter 13, Section 13-11.
* Substandard dwelling in violation of California Health and Safety Code 17920.3. (Exhibit 5)
Service:
Service of the NONOTA(s) was made in accordance with Chapter 13, Section 13-6.2 (a) (1)4:
For the November 14, 2018 NONOTA, attempts were made to provide the property owner notice by:
* Posting the NONOTA on/at a conspicuous place on/at the property. (Exhibit 6)
* Mailing the NONOTA via certified mail: (1) on November 14, 2018 to the property owner, David Deti at his address(es) listed with County records of 12498 Oak St., Clearlake Oaks, CA and (2) on November 15, 2018 to PO Box 236, Clearlake Park, CA. (Exhibit 7)
* On November 26, 2018, an email was received from Cindy Milloch, the sister of David Deti stating, "...Donna Deti (mother of David Deti) and Cindy Milloch wish to give up all rights and responsibility to the property of David Deti to Lake County.". (Exhibit 8)
For the August 28, 2019 NONOTA, attempts were made to contact the property by or next of kin:
* Posting the NONOTA on/at a conspicuous place on/at the property. (Exhibit 9)
* Mailing the NONOTA via certified mail on September 25, 2019 to the property owner, David Deti at his address listed with County records of PO Box 236, Clearlake Park, CA. (Exhibit 10)
* On September 17, 2019, Cynthia Milloch, sister to David Deti signed a "Right-of-Entry Permit". (Exhibit 11)
* On October 31, 2019, Donna Deti, mother to David Deti signed a "Right-of-Entry Permit". (Exhibit 12)
Corrective Action:
The property owner failed to correct the issues cited in the NONOTA or failed to contact this Department to formulate a plan of progression to achieve compliance.
Abatement Action:
On September 26, 2019, a blind-copy email was emailed to an existing list of contractors soliciting quotes for the abatement of the property5: Two quotes were received: (1) Leonard's Hauling for $18,900 and (2) Coleman Environmental Engineering Inc. for $25,225. (Exhibit 13)
On November 13, 2019, a warrant was signed by Lake County Superior Court Judge and executed in order to access the property. On November 13, 2019, a 24 Hour Notice was posted on the property pursuant to California Code of Civil Procedures 1822.56 (Exhibit 14). The property was abated and all trash, junk, and other materials were removed from the property and a new gate was installed to secure the property. (Exhibit 15)
On November 27, 2019, a boat on a trailer, with trash piled in it, was discovered on Stubbs Rd. in Clearlake Oaks. Per the DMV information, David Deti was reflected as the registered owner. It was determined at the time, the cost to include the boat on the trailer as part of the prior abatement action was a more cost efficient option for the County rather than having the boat and trailer removed under the AVA program. Leonard's Hauling was contracted with to remove the boat for $700. (Exhibit 16)
Action taken by the Board will result in a Notice of Lien recorded with the County Recorder and a Special Assessment entered by the County Auditor. Recordation of the Special Assessment provides priority over all private liens, regardless of the time of their creation, including the prior recorded mortgages against the identified real property6.
1 Shall be subject to the same penalties and interest and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment.
2 The NONOTA issued met the criteria set forth in Chapter 13, Article I, Section 13-6.1.
3 The NONOTA issued met the criteria set forth in Chapter 13, Article I, Section 13-6.1.
4 Such notice shall be deemed properly served if a copy thereof is either; (2) Sent by certified or registered mail addressed to every responsible party at the last known address with return receipt requested, and posted at the site.
5 At the time, CDD utilized an informal list of contractors, since CDD has revamped its process pursuant to County policies and procedures Ch. 3 and 4 Community Development and Consultant Selection.
6 California Revenue & Taxation Code �� 2192.1, 3712; California Government Code � 53935
If not budgeted, fill in the blanks below only:
Estimated Cost: $29,716.14 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 the Board of Supervisors confirm the Special Assessment of $19,716.14, and direct staff to record a Special Assessment lien against the property. The cost of abatement services was $18,900 + $700. The administrative costs on this case amounted to $116.14.
1 Shall be subject to the same penalties and interest and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment.
2 The NONOTA issued met the criteria set forth in Chapter 13, Article I, Section 13-6.1.
3 The NONOTA issued met the criteria set forth in Chapter 13, Article I, Section 13-6.1.
4 Such notice shall be deemed properly served if a copy thereof is either; (2) Sent by certified or registered mail addressed to every responsible party at the last known address with return receipt requested, and posted at the site.
5 At the time, CDD utilized an informal list of contractors, since CDD has revamped its process pursuant to County policies and procedures Ch. 3 and 4 Community Development and Consultant Selection.
6 California Revenue & Taxation Code �� 2192.1, 3712; California Government Code � 53935
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On motion of Supervisor Crandell, and by vote of the Board, approved Special Assessment of $19,716.14, and directed staff to record a Special Assessment lien against the property. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: All members of the hearing were sworn in by the Clerk. Code Enforcement Officer Marcus Beltramo presented the item to the Board. County Counsel Anita Grant spoke. Code Enforcement Manager Andrew Williams was present.
Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.39:25 A.M. - Notice of Lien Hearing for Robert Kowal; 3065 Gardner Rd. Nice
Action Item
approved — Pass
Carried 5-0 — moved by Crandell
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Exhibits: 1. Notice of Assessment and Certified Mail Receipt
2. Photos Before Abatement
3. Grant Deed
4. Notice of Nuisance and Order to Abate 9-12-2018
5. Notice of Nuisance and Order to Abate 9-26-2019
6. Photo of Placement of 9-12-2018 NONOTA
7. Returned to Sender NONOTA 9-13-2018
8. Photo of Placement of 9-26-2019 NONOTA
9. Certified Mail Receipt with Signature
10. Final Notice, Certified Mail Receipt, Returned to Sender 10-28-2019
11. Property Tax Delinquency
12. Abatement Quotes
13. 24 Hour Notice
14. Photos After Abatement
15. Task Sheet
Executive Summary
(include fiscal and staffing impact narrative):
I. PROPERTY DESCRIPTION:
Property Owner: Kowal, Robert
Property Address: 3065 Gardner Rd., Nice, CA (property)
APN: 031-142-170
Zoning: "R1", Single Family Residential District
Existing Conditions: Prior to the abatement action, the property was a vacant lot with an existing accessory structure (shed); with no existing primary structure (single family dwelling) or use.
II. SPECIAL ASSESSMENT LIEN:
California Government Code 38773.1 (c) states a nuisance abatement lien shall be recorded in the county recorder's office in the county in which the parcel of land is located.
California Government Code 38773.5 (a) allows an alternative to the procedure authorized by Section 38773.1, the legislative body may by ordinance establish a procedure for the abatement of a nuisance and make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel.1
California Government Code 38773.5 (d) authorizes if the lien is not paid within three years, a city or the county may foreclose on non-residential and vacant residential property. (The property is considered a vacant residential property.)
III. NOTICE OF SPECIAL ASSESSMENT LIEN HEARING:
In accordance with Lake County Code Chapter, Chapter 13, Article VI, Section 13-41.1 (Notice of Assessment) and Section 13-41.2 (Hearing on Account and Proposed Assessment), a "Notice of Special Assessment" was prepared and mailed via certified mail to the property owners reflected on title per County records and posted on/at the property. In addition, the Notice of Special Assessment Lien was placed in the Lake County Recorder-Bee and Lake County News. (Exhibit 1)
IV. ABATEMENT SUMMARY
Basis for Investigation:
Three (3) separate complaints (two (2) anonymous and (1) by the citizens of the Gardner Rd. community) were received by the Code Enforcement Division alleging: an "...old shed has trash packed up inside of it and more garbage in plastic bags on one side and a white mattress in front of the shed. This shed is home to rodents." In addition, citizens voiced concerns brush was being dumped on the property causing a fire hazard and the shed was being used as a place for drug use, with drug paraphernalia being left on the property. (Exhibit 2-Photos before abatement action)
Property Owner:
According to County records, the property owner/responsible party was identified as Robert Kowal based on the grant deed and Tax Collector information. (Exhibit 3)
Formal Action:
On September 12, 2018, the property was deemed not to be in compliance with the County Code. A "Notice of Nuisance and Order to Abate" (NONOTA) was issued for the property (Exhibit 4). The NONOTA cited violations of:
* Open and Outdoor Storage - LCZO 21-41.12.
* Failure to dispose of trash - LCC 13-11.
* Failure to remove or maintain weeds - LCC 13-10.
* Unpermitted construction of shed - 2013 California Building Code Section 105.1
On September 26, 2019, the property was deemed not to be in compliance with the County Code. A NONOTA2 (Exhibit 5) was issued for the property. The NONOTA provided thirty (30) days to correct the violations persisting on the property. The NONOTA cited violations of:
* Unpermitted Structure - The property is zoned "R1", its primary use is for a single family dwelling. Situated on the property is an unpermitted shed, an accessory structure with no single family dwelling - LCC 5-4, 2016 CA Building Code Section 105.
* Hazardous vegetation and/or combustible materials (brush and dead or dying vegetation). - LCC 13-60.31.
* Trash, rubbish, and/or refuse - LCC 13-3.1 (e) (7)
* Open and Outdoor Storage - LCZO - 41.12
Service:
Service of the NONOTA was made in accordance with Chapter 13, Section 13-6.2 (a) (1)3:
For the September 12, 2018 NONOTA, attempts were made to provide the property owner notice by:
* Posting the NONOTA on/at a conspicuous place on the property. (Exhibit 6)
* On September 13, 2018, the NONOTA was mailed via certified mail to the property owners address listed with County records. The certified mail was returned to sender. (Exhibit 7)
For the September 26, 2019 NONOTA, attempts were made to provide the property owner notice by:
* Posting the NONOTA on/at a conspicuous place on the property. (Exhibit 8)
* Mailing the NONOTA via certified mail to the property owner, Robert Kowal at his address listed with County records, 10495 Homestead Lane, Plymouth, MI. A signature was obtained for the certified mailing. (Exhibit 9)
* On October 28, 2019, a "Final Notice" was mailed via certified mail to the property owner, Robert Kowal, to the address listed with County records. This mailing was returned to sender. (Exhibit 10)
* An internet search was conducted for the Robert Kowal and no information was found.
Note of Interest:
Delinquent property taxes exists on the property starting in 2011 to 20184 that reasonably indicate the property owner has abandoned the property. According to the Lake County Tax Collector, their office has power to sell the property.5 (Exhibit 11)
Corrective Action:
The property owner failed to correct the issues cited in the NONOTA or failed to contact this Department to formulate a plan of progression in order to achieve compliance.
Abatement Action:
On November 8, 2019, a blind-copy email to an existing list of contractors soliciting quotes for the abatement of the property. Two (2) bids were received, (1) Leonard's Hauling for $2,000; and (2) Coleman Environmental Engineering, Inc. for $7,400. (Exhibit 12)
On November 26, 2019, a warrant was signed by a Lake County Superior Judge and executed in order to access the property. On November 27, 2019, a 24 Hour Notice was posted on the property pursuant to CCP 1822.56 (Exhibit 13). The rubbish, trash, brush and shed were removed from the property, as well as any potential fire hazard and health and safety issues. (Exhibit 14)
Action taken by the Board will result in a Special Assessment lien recorded with priority over all private liens, regardless of the time of their creation, including the prior recorded mortgages against the identified real property.6
1 Pursuant to Chapter 13, Article IV, Section 13-43.3, The Notice of Lien, after recordation, shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments.
2 The NONOTA issued meets the criteria set forth in Chapter 13, Article I, Section 13-6.1.
3 Such notice shall be deemed properly served if a copy thereof is either; (2) Sent by certified or registered mail addressed to every responsible party at the last known address with return receipt requested, and posted at the site.
4 Property taxes for 2019 do not reflect as being outstanding or unpaid at this time, but most likely will be recorded as not being paid.
5 According to the Tax Collectors Office, a "Power to Sell" notice should have been recorded with the County Record in order to place the property on the list for a tax lien sale, but this has not occurred as of the date of this report.
6 California Revenue & Taxation Code �� 2192.1, 3712; California Government Code � 53935
Recommended Action
Staff recommends the Board of Supervisors confirm the assessment of $2,116.14 and direct staff to
Record a notice of Special Assessment Lien against the property. The cost of abatement services was $2,000. The administrative costs on this case amounted to $116.14.
1 Pursuant to Chapter 13, Article IV, Section 13-43.3, The Notice of Lien, after recordation, shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments.
2 The NONOTA issued meets the criteria set forth in Chapter 13, Article I, Section 13-6.1.
3 Such notice shall be deemed properly served if a copy thereof is either; (2) Sent by certified or registered mail addressed to every responsible party at the last known address with return receipt requested, and posted at the site;
4 Property taxes for 2019 do not reflect as being outstanding or unpaid at this time, but most likely will be recorded as not being paid.
5 According to the Tax Collectors Office, a "Power to Sell" notice should have been recorded with the County Record in order to
place the property on the list for a tax lien sale, but this has not occurred as of the date of this report.
6 California Revenue & Taxation Code �� 2192.1, 3712; California Government Code � 53935
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| Estimated Cost | $2,116.14 |
|---|
Original memo text
Memorandum
Date: March 3, 2020
To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors
From: Scott DeLeon, Community Development Director
Andrew Williams, Code Enforcement Manager
Marcus Beltramo, Code Enforcement Officer
Subject: Notice of Lien Hearing for Robert Kowal; 3065 Gardner Rd. Nice
Exhibits: 1. Notice of Assessment and Certified Mail Receipt
2. Photos Before Abatement
3. Grant Deed
4. Notice of Nuisance and Order to Abate 9-12-2018
5. Notice of Nuisance and Order to Abate 9-26-2019
6. Photo of Placement of 9-12-2018 NONOTA
7. Returned to Sender NONOTA 9-13-2018
8. Photo of Placement of 9-26-2019 NONOTA
9. Certified Mail Receipt with Signature
10. Final Notice, Certified Mail Receipt, Returned to Sender 10-28-2019
11. Property Tax Delinquency
12. Abatement Quotes
13. 24 Hour Notice
14. Photos After Abatement
15. Task Sheet
Executive Summary: (include fiscal and staffing impact narrative):
I. PROPERTY DESCRIPTION:
Property Owner: Kowal, Robert
Property Address: 3065 Gardner Rd., Nice, CA (property)
APN: 031-142-170
Zoning: "R1", Single Family Residential District
Existing Conditions: Prior to the abatement action, the property was a vacant lot with an existing accessory structure (shed); with no existing primary structure (single family dwelling) or use.
II. SPECIAL ASSESSMENT LIEN:
California Government Code 38773.1 (c) states a nuisance abatement lien shall be recorded in the county recorder's office in the county in which the parcel of land is located.
California Government Code 38773.5 (a) allows an alternative to the procedure authorized by Section 38773.1, the legislative body may by ordinance establish a procedure for the abatement of a nuisance and make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel.1
California Government Code 38773.5 (d) authorizes if the lien is not paid within three years, a city or the county may foreclose on non-residential and vacant residential property. (The property is considered a vacant residential property.)
III. NOTICE OF SPECIAL ASSESSMENT LIEN HEARING:
In accordance with Lake County Code Chapter, Chapter 13, Article VI, Section 13-41.1 (Notice of Assessment) and Section 13-41.2 (Hearing on Account and Proposed Assessment), a "Notice of Special Assessment" was prepared and mailed via certified mail to the property owners reflected on title per County records and posted on/at the property. In addition, the Notice of Special Assessment Lien was placed in the Lake County Recorder-Bee and Lake County News. (Exhibit 1)
IV. ABATEMENT SUMMARY
Basis for Investigation:
Three (3) separate complaints (two (2) anonymous and (1) by the citizens of the Gardner Rd. community) were received by the Code Enforcement Division alleging: an "...old shed has trash packed up inside of it and more garbage in plastic bags on one side and a white mattress in front of the shed. This shed is home to rodents." In addition, citizens voiced concerns brush was being dumped on the property causing a fire hazard and the shed was being used as a place for drug use, with drug paraphernalia being left on the property. (Exhibit 2-Photos before abatement action)
Property Owner:
According to County records, the property owner/responsible party was identified as Robert Kowal based on the grant deed and Tax Collector information. (Exhibit 3)
Formal Action:
On September 12, 2018, the property was deemed not to be in compliance with the County Code. A "Notice of Nuisance and Order to Abate" (NONOTA) was issued for the property (Exhibit 4). The NONOTA cited violations of:
* Open and Outdoor Storage - LCZO 21-41.12.
* Failure to dispose of trash - LCC 13-11.
* Failure to remove or maintain weeds - LCC 13-10.
* Unpermitted construction of shed - 2013 California Building Code Section 105.1
On September 26, 2019, the property was deemed not to be in compliance with the County Code. A NONOTA2 (Exhibit 5) was issued for the property. The NONOTA provided thirty (30) days to correct the violations persisting on the property. The NONOTA cited violations of:
* Unpermitted Structure - The property is zoned "R1", its primary use is for a single family dwelling. Situated on the property is an unpermitted shed, an accessory structure with no single family dwelling - LCC 5-4, 2016 CA Building Code Section 105.
* Hazardous vegetation and/or combustible materials (brush and dead or dying vegetation). - LCC 13-60.31.
* Trash, rubbish, and/or refuse - LCC 13-3.1 (e) (7)
* Open and Outdoor Storage - LCZO - 41.12
Service:
Service of the NONOTA was made in accordance with Chapter 13, Section 13-6.2 (a) (1)3:
For the September 12, 2018 NONOTA, attempts were made to provide the property owner notice by:
* Posting the NONOTA on/at a conspicuous place on the property. (Exhibit 6)
* On September 13, 2018, the NONOTA was mailed via certified mail to the property owners address listed with County records. The certified mail was returned to sender. (Exhibit 7)
For the September 26, 2019 NONOTA, attempts were made to provide the property owner notice by:
* Posting the NONOTA on/at a conspicuous place on the property. (Exhibit 8)
* Mailing the NONOTA via certified mail to the property owner, Robert Kowal at his address listed with County records, 10495 Homestead Lane, Plymouth, MI. A signature was obtained for the certified mailing. (Exhibit 9)
* On October 28, 2019, a "Final Notice" was mailed via certified mail to the property owner, Robert Kowal, to the address listed with County records. This mailing was returned to sender. (Exhibit 10)
* An internet search was conducted for the Robert Kowal and no information was found.
Note of Interest:
Delinquent property taxes exists on the property starting in 2011 to 20184 that reasonably indicate the property owner has abandoned the property. According to the Lake County Tax Collector, their office has power to sell the property.5 (Exhibit 11)
Corrective Action:
The property owner failed to correct the issues cited in the NONOTA or failed to contact this Department to formulate a plan of progression in order to achieve compliance.
Abatement Action:
On November 8, 2019, a blind-copy email to an existing list of contractors soliciting quotes for the abatement of the property. Two (2) bids were received, (1) Leonard's Hauling for $2,000; and (2) Coleman Environmental Engineering, Inc. for $7,400. (Exhibit 12)
On November 26, 2019, a warrant was signed by a Lake County Superior Judge and executed in order to access the property. On November 27, 2019, a 24 Hour Notice was posted on the property pursuant to CCP 1822.56 (Exhibit 13). The rubbish, trash, brush and shed were removed from the property, as well as any potential fire hazard and health and safety issues. (Exhibit 14)
Action taken by the Board will result in a Special Assessment lien recorded with priority over all private liens, regardless of the time of their creation, including the prior recorded mortgages against the identified real property.6
1 Pursuant to Chapter 13, Article IV, Section 13-43.3, The Notice of Lien, after recordation, shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments.
2 The NONOTA issued meets the criteria set forth in Chapter 13, Article I, Section 13-6.1.
3 Such notice shall be deemed properly served if a copy thereof is either; (2) Sent by certified or registered mail addressed to every responsible party at the last known address with return receipt requested, and posted at the site.
4 Property taxes for 2019 do not reflect as being outstanding or unpaid at this time, but most likely will be recorded as not being paid.
5 According to the Tax Collectors Office, a "Power to Sell" notice should have been recorded with the County Record in order to place the property on the list for a tax lien sale, but this has not occurred as of the date of this report.
6 California Revenue & Taxation Code �� 2192.1, 3712; California Government Code � 53935
If not budgeted, fill in the blanks below only:
Estimated Cost: $2,116.14 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 the Board of Supervisors confirm the assessment of $2,116.14 and direct staff to
Record a notice of Special Assessment Lien against the property. The cost of abatement services was $2,000. The administrative costs on this case amounted to $116.14.
1 Pursuant to Chapter 13, Article IV, Section 13-43.3, The Notice of Lien, after recordation, shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments.
2 The NONOTA issued meets the criteria set forth in Chapter 13, Article I, Section 13-6.1.
3 Such notice shall be deemed properly served if a copy thereof is either; (2) Sent by certified or registered mail addressed to every responsible party at the last known address with return receipt requested, and posted at the site;
4 Property taxes for 2019 do not reflect as being outstanding or unpaid at this time, but most likely will be recorded as not being paid.
5 According to the Tax Collectors Office, a "Power to Sell" notice should have been recorded with the County Record in order to
place the property on the list for a tax lien sale, but this has not occurred as of the date of this report.
6 California Revenue & Taxation Code �� 2192.1, 3712; California Government Code � 53935
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On motion of Supervisor Crandell, and by vote of the Board, approved the assessment of $2,116.14 and directed staff to Record a notice of Special Assessment Lien against the property. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: All members of the hearing were sworn in by the Clerk. Code Enforcement Officer Marcus Beltramo presented the PowerPoint presentation to the Board. County Counsel Anita Grant spoke. Code Enforcement Manager Andrew Williams was present.
Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.49:35 A.M. - Notice of Lien Hearing for Kathleen and James Mooney; 2810 Merced St. Nice
Action Item
approved — Pass
Carried 5-0 — moved by Crandell
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Exhibits: 1. Notice of Assessment, Certified Mail Receipt, Legal Notice
2. Photos Before Abatement
3. Grant Deed
4. Notice of Nuisance and Order to Abate 5-4-2017
5. Certified Mail Returned to Sender
6. Permission to Enter and Abate 10-17-2019
7. Property Tax Delinquency
8. Asbestos Report and Invoice
9. Coleman Environmental Engineering Invoice
10. Photos After Abatement
11. Task Sheet
Executive Summary
(include fiscal and staffing impact narrative):
I. PROPERTY DESCRIPTION:
Property Owner: Mooney, James (deceased) and Kathleen (alive)
Property Address: 2810 Merced St., Nice CA (property)
APN: 031-172-320
Zoning: R1, Single Family Residential District
Existing Conditions: Located on the property was a manufactured home and shed; currently the property is a vacant lot with no existing structures.
II. SUBJECT/PURPOSE:
Staff is requesting confirmation by the Board to prepare and record a "Notice of Lien" against the property in accordance with LCCO Chapter 13, Article VI, Section 13-43.1. In accordance with Chapter 13, Article IV, Section 13-42.1, the Board shall hear and consider the account and proposed assessment.
If the Board provides confirmation, then pursuant LCCO Chapter 13, Article VI, Section 13-43.3, the "Notice of Lien" shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments.1
California Government Code 38773.5 (d) authorizes if the lien is not paid within three years, a city or the county may foreclose on non-residential and vacant residential property. (The property is considered a vacant residential property.)
III. NOTICE OF ASSESSMENT HEARING:
In accordance with Lake County Code Chapter, Chapter 13, Article VI, Section 13-41.1 (Notice of Assessment) and Section 13-41.2 (Hearing on Account and Proposed Assessment), a "Notice of Special Assessment" was prepared and mailed via certified mail to the property owners reflected on title per County records and posted on/at the property. In addition, the Notice of Special Assessment Lien was placed in the Lake County Recorder-Bee and Lake County News. (Exhibit 1)
IV. ABATEMENT SUMMARY
Basis for Investigation/Complaints:
On October 13, 2016 a complaint was received alleging that in November of 2013 a tree fell onto the roof, trash on the property, high weeds/grass, and person(s) were living in the structure. On May 15, 2017, a complaint was received alleging "garbage/trash, hazards, safety issues, weeds & other." In addition, surrounding neighbors complained that a tree had fallen on the property creating an eyesore, causing an attractive nuisance for minors, and materials from the property were being blown around the neighborhood. (Exhibit 2-Photos before abatement action).
Property Owner:
According to County records, the property owner/responsible party was identified based on the grant deed and Tax Collector information as being James and Kathleen Mooney. James Mooney is deceased. (Exhibit 3)
Formal Action:
On May 4, 2017, the property was deemed not to be in compliance with the County Code. A "Notice of Nuisance and Order to Abate" (NONOTA)2 was issued for the property. As of October 2019, the property was deemed to still not be in compliance with the Code and the violations cited in the May 4, 2017 NONOTA continued to persist. The NONOTA cited violations of:
* Open and Outdoor Storage of junk and/or household garbage in violation of Lake County Code section(s) 21-41.12.
* Substandard dwelling in violation of HS 17920.3. (Exhibit 4)
Service:
Service of the NONOTA was conducted in accordance with Chapter 13, Section 13-6.2 (a) (1)3:
* On or about May 9, 2017, the NONOTA was mailed via certified mail to the property owners address listed with County records. The letter was returned to sender. (Exhibit 5)
* After extensive efforts were made to contact Kathleen Mooney, Code Enforcement was finally able to locate and contact her. On October 17, 2019, Mooney signed a "Permission to Enter and Abate" form. (Exhibit 6)
Note of Interest:
Delinquent property taxes exist on the property starting in 2015 to 20184 that reasonably indicate the property owner has abandoned the property. (Exhibit 7)
Corrective Action:
The property owner failed to correct the issues cited in the NONOTA or failed to contact this Department to formulate a plan of progression to achieve compliance.
Abatement Action:
It was determined by management the property needed to be demolished. Lake County Air Quality required an asbestos test prior to any demolition work. On September 9, 2019, Code Enforcement requested quotes for an asbestos test from Adam Laboratories Inc. (ADI) and Ci Environmental Consultants, Inc. (CEC). The quote received from ADI was accepted. It was determined that the property contained asbestos. (Exhibit 8)
Coleman Environmental Engineering, Inc. (CEE) was contracted to perform the demolition of the structure (Exhibit 9). On December 12, 2019, a warrant was signed by a Lake County judge and executed in order to access the property. The structure was demolished and all items on the property were removed, including all materials containing asbestos, and the property was restored to a vacant lot. (Exhibit 10)
Action taken by the Board will result in a Notice of Lien recorded with the County Recorder and a Special Assessment entered by the County Auditor. Recordation of the Special Assessment provides priority over all private liens, regardless of the time of their creation, including the prior recorded mortgages against the identified real property5.
1 Shall be subject to the same penalties and interest and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment.
2 The NONOTA issued met the criteria set forth in Chapter 13, Article I, Section 13-6.1.
3 Such notice shall be deemed properly served if a copy thereof is either; (2) Sent by certified or registered mail addressed to every responsible party at the last known address with return receipt requested, and posted at the site.
4 Property taxes for 2019 do not reflect as being outstanding or unpaid at this time, but most likely will be recorded as not being paid.
5 California Revenue & Taxation Code �� 2192.1, 3712; California Government Code � 53935
Recommended Action
Staff recommends the Board of Supervisors confirm the assessment of $19,441.14, and direct staff to Record a Notice of Special Assessment Lien against the property. The cost of abatement services was $18,475 + $850. The administrative costs on this case amounted to $116.14.
1 Shall be subject to the same penalties and interest and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment.
2 The NONOTA issued met the criteria set forth in Chapter 13, Article I, Section 13-6.1.
3 Such notice shall be deemed properly served if a copy thereof is either; (2) Sent by certified or registered mail addressed to every responsible party at the last known address with return receipt requested, and posted at the site;
4 Property taxes for 2019 do not reflect as being outstanding or unpaid at this time, but most likely will be recorded as not being paid.
5 California Revenue & Taxation Code �� 2192.1, 3712; California Government Code � 53935
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| Estimated Cost | $19,441.14 |
|---|
Original memo text
Memorandum
Date: March 3, 2020
To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors
From: Scott DeLeon, Community Development Director
Andrew Williams, Code Enforcement Manager
Marcus Beltramo, Code Enforcement Officer
Subject: Notice of Lien Hearing for James and Kathleen Mooney; 2810 Merced St. Nice
Exhibits: 1. Notice of Assessment, Certified Mail Receipt, Legal Notice
2. Photos Before Abatement
3. Grant Deed
4. Notice of Nuisance and Order to Abate 5-4-2017
5. Certified Mail Returned to Sender
6. Permission to Enter and Abate 10-17-2019
7. Property Tax Delinquency
8. Asbestos Report and Invoice
9. Coleman Environmental Engineering Invoice
10. Photos After Abatement
11. Task Sheet
Executive Summary: (include fiscal and staffing impact narrative):
I. PROPERTY DESCRIPTION:
Property Owner: Mooney, James (deceased) and Kathleen (alive)
Property Address: 2810 Merced St., Nice CA (property)
APN: 031-172-320
Zoning: R1, Single Family Residential District
Existing Conditions: Located on the property was a manufactured home and shed; currently the property is a vacant lot with no existing structures.
II. SUBJECT/PURPOSE:
Staff is requesting confirmation by the Board to prepare and record a "Notice of Lien" against the property in accordance with LCCO Chapter 13, Article VI, Section 13-43.1. In accordance with Chapter 13, Article IV, Section 13-42.1, the Board shall hear and consider the account and proposed assessment.
If the Board provides confirmation, then pursuant LCCO Chapter 13, Article VI, Section 13-43.3, the "Notice of Lien" shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments.1
California Government Code 38773.5 (d) authorizes if the lien is not paid within three years, a city or the county may foreclose on non-residential and vacant residential property. (The property is considered a vacant residential property.)
III. NOTICE OF ASSESSMENT HEARING:
In accordance with Lake County Code Chapter, Chapter 13, Article VI, Section 13-41.1 (Notice of Assessment) and Section 13-41.2 (Hearing on Account and Proposed Assessment), a "Notice of Special Assessment" was prepared and mailed via certified mail to the property owners reflected on title per County records and posted on/at the property. In addition, the Notice of Special Assessment Lien was placed in the Lake County Recorder-Bee and Lake County News. (Exhibit 1)
IV. ABATEMENT SUMMARY
Basis for Investigation/Complaints:
On October 13, 2016 a complaint was received alleging that in November of 2013 a tree fell onto the roof, trash on the property, high weeds/grass, and person(s) were living in the structure. On May 15, 2017, a complaint was received alleging "garbage/trash, hazards, safety issues, weeds & other." In addition, surrounding neighbors complained that a tree had fallen on the property creating an eyesore, causing an attractive nuisance for minors, and materials from the property were being blown around the neighborhood. (Exhibit 2-Photos before abatement action).
Property Owner:
According to County records, the property owner/responsible party was identified based on the grant deed and Tax Collector information as being James and Kathleen Mooney. James Mooney is deceased. (Exhibit 3)
Formal Action:
On May 4, 2017, the property was deemed not to be in compliance with the County Code. A "Notice of Nuisance and Order to Abate" (NONOTA)2 was issued for the property. As of October 2019, the property was deemed to still not be in compliance with the Code and the violations cited in the May 4, 2017 NONOTA continued to persist. The NONOTA cited violations of:
* Open and Outdoor Storage of junk and/or household garbage in violation of Lake County Code section(s) 21-41.12.
* Substandard dwelling in violation of HS 17920.3. (Exhibit 4)
Service:
Service of the NONOTA was conducted in accordance with Chapter 13, Section 13-6.2 (a) (1)3:
* On or about May 9, 2017, the NONOTA was mailed via certified mail to the property owners address listed with County records. The letter was returned to sender. (Exhibit 5)
* After extensive efforts were made to contact Kathleen Mooney, Code Enforcement was finally able to locate and contact her. On October 17, 2019, Mooney signed a "Permission to Enter and Abate" form. (Exhibit 6)
Note of Interest:
Delinquent property taxes exist on the property starting in 2015 to 20184 that reasonably indicate the property owner has abandoned the property. (Exhibit 7)
Corrective Action:
The property owner failed to correct the issues cited in the NONOTA or failed to contact this Department to formulate a plan of progression to achieve compliance.
Abatement Action:
It was determined by management the property needed to be demolished. Lake County Air Quality required an asbestos test prior to any demolition work. On September 9, 2019, Code Enforcement requested quotes for an asbestos test from Adam Laboratories Inc. (ADI) and Ci Environmental Consultants, Inc. (CEC). The quote received from ADI was accepted. It was determined that the property contained asbestos. (Exhibit 8)
Coleman Environmental Engineering, Inc. (CEE) was contracted to perform the demolition of the structure (Exhibit 9). On December 12, 2019, a warrant was signed by a Lake County judge and executed in order to access the property. The structure was demolished and all items on the property were removed, including all materials containing asbestos, and the property was restored to a vacant lot. (Exhibit 10)
Action taken by the Board will result in a Notice of Lien recorded with the County Recorder and a Special Assessment entered by the County Auditor. Recordation of the Special Assessment provides priority over all private liens, regardless of the time of their creation, including the prior recorded mortgages against the identified real property5.
1 Shall be subject to the same penalties and interest and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment.
2 The NONOTA issued met the criteria set forth in Chapter 13, Article I, Section 13-6.1.
3 Such notice shall be deemed properly served if a copy thereof is either; (2) Sent by certified or registered mail addressed to every responsible party at the last known address with return receipt requested, and posted at the site.
4 Property taxes for 2019 do not reflect as being outstanding or unpaid at this time, but most likely will be recorded as not being paid.
5 California Revenue & Taxation Code �� 2192.1, 3712; California Government Code � 53935
If not budgeted, fill in the blanks below only:
Estimated Cost: $19,441.14 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 the Board of Supervisors confirm the assessment of $19,441.14, and direct staff to Record a Notice of Special Assessment Lien against the property. The cost of abatement services was $18,475 + $850. The administrative costs on this case amounted to $116.14.
1 Shall be subject to the same penalties and interest and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment.
2 The NONOTA issued met the criteria set forth in Chapter 13, Article I, Section 13-6.1.
3 Such notice shall be deemed properly served if a copy thereof is either; (2) Sent by certified or registered mail addressed to every responsible party at the last known address with return receipt requested, and posted at the site;
4 Property taxes for 2019 do not reflect as being outstanding or unpaid at this time, but most likely will be recorded as not being paid.
5 California Revenue & Taxation Code �� 2192.1, 3712; California Government Code � 53935
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On motion of Supervisor Crandell, and by vote of the Board, approved the assessment of $19,441.14, and direct staff to Record a Notice of Special Assessment Lien against the property. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: All members of the hearing were sworn in by the Clerk. Code Enforcement Officer Marcus Beltramo presented a PowerPoint Presentation to the Board. Code Enforcement Manager Andrew Williams was present.
Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.59:45 A.M. - (a) Discussion of Cannabis Tax Revenues and Accrual Methodology; and (b) Report from County Counsel on Proration of Cannabis Cultivation Taxes
Action Item
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
At the previous Board of Supervisors meeting on February 25, 2020, there was a request for follow up on whether any type of proration would be applied to a tax bill. There are two applicable sets of circumstances that are described below.
Initial Issuance of the Permit
On May 14, 2019, the Board of Supervisors passed Resolution 2019-70. This resolution provided an option to set a cultivation start date other than the permit issuance date. Before this resolution, taxes began to accrue from the date of permit issuance, rather than the start of cultivation. The resolution reiterated that pursuant to the ordinance, taxes begin to accrue on the date on which a person becomes engaged in legally-authorized cannabis cultivation.
In this situation, the possibility of proration would exist for cultivators just receiving their permit. If their permit were to be issued on the last day of a billing cycle, or if they were to declare their commencement date as being the last day of that billing cycle, they would receive a prorated bill for that period. Rather than being billed the entire annual tax assessment for that day of operation, they would be charged 0.27% of that annual cost.
Under the current structure, this possibility of proration could only occur once, and that would be in the first year of operation for a cultivator. After the first year, there remains only the option to provide a declaration of non-cultivation to avoid a tax bill, meaning that a cultivator is either paying the full annual assessment or nothing at all as will be discussed below.
Declaration of Non-Cultivation ("Opt-out")
On November 5, 2019, the Board of Supervisors passed Resolution 2019-162. The resolution authorized cultivators to provide written notice that they would completely opt-out from all cannabis cultivation operations for a specified time. This notice must be provided before June 1st to be valid. A form has been created for cultivators to use and this notice will be shared with all applicable agencies and departments.
Cultivators will only be allowed to opt out for the year in its entirety, so in this scenario there would be no proration of the annual tax. Therefore, any cultivator who has previously engaged in cultivation must completely cease cultivation in a given year to avoid the tax bill. Cultivation is defined as the: germinating, cloning, seed production, planting, growing, and harvesting of cannabis plants and the on-site drying, curing, grading, or trimming of cannabis plants. If cultivators were to engage in any of these activities, even if only momentarily, they would owe the entire annual tax bill.
Upcoming Billing Cycle
Due to the change in billing structure, the next tax bills will not be sent until July, so there is still time to make adjustments to the model discussed above. As indicated, the more complicated period is when cultivators are initially issued their permits and set a cultivation start date. Staff requests Board direction as to how to proceed.
Recommended Action
Provide direction to staff.
Original memo text
Memorandum
Date: March 3, 2020
To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Subject: Discussion of Cannabis Tax Revenues and Accrual Methodology
Executive Summary: (include fiscal and staffing impact narrative):
At the previous Board of Supervisors meeting on February 25, 2020, there was a request for follow up on whether any type of proration would be applied to a tax bill. There are two applicable sets of circumstances that are described below.
Initial Issuance of the Permit
On May 14, 2019, the Board of Supervisors passed Resolution 2019-70. This resolution provided an option to set a cultivation start date other than the permit issuance date. Before this resolution, taxes began to accrue from the date of permit issuance, rather than the start of cultivation. The resolution reiterated that pursuant to the ordinance, taxes begin to accrue on the date on which a person becomes engaged in legally-authorized cannabis cultivation.
In this situation, the possibility of proration would exist for cultivators just receiving their permit. If their permit were to be issued on the last day of a billing cycle, or if they were to declare their commencement date as being the last day of that billing cycle, they would receive a prorated bill for that period. Rather than being billed the entire annual tax assessment for that day of operation, they would be charged 0.27% of that annual cost.
Under the current structure, this possibility of proration could only occur once, and that would be in the first year of operation for a cultivator. After the first year, there remains only the option to provide a declaration of non-cultivation to avoid a tax bill, meaning that a cultivator is either paying the full annual assessment or nothing at all as will be discussed below.
Declaration of Non-Cultivation ("Opt-out")
On November 5, 2019, the Board of Supervisors passed Resolution 2019-162. The resolution authorized cultivators to provide written notice that they would completely opt-out from all cannabis cultivation operations for a specified time. This notice must be provided before June 1st to be valid. A form has been created for cultivators to use and this notice will be shared with all applicable agencies and departments.
Cultivators will only be allowed to opt out for the year in its entirety, so in this scenario there would be no proration of the annual tax. Therefore, any cultivator who has previously engaged in cultivation must completely cease cultivation in a given year to avoid the tax bill. Cultivation is defined as the: germinating, cloning, seed production, planting, growing, and harvesting of cannabis plants and the on-site drying, curing, grading, or trimming of cannabis plants. If cultivators were to engage in any of these activities, even if only momentarily, they would owe the entire annual tax bill.
Upcoming Billing Cycle
Due to the change in billing structure, the next tax bills will not be sent until July, so there is still time to make adjustments to the model discussed above. As indicated, the more complicated period is when cultivators are initially issued their permits and set a cultivation start date. Staff requests Board direction as to how to proceed.
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
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☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☒ Revenue Generation
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Which exemption is being requested?
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Reason for request to waive bid?
Recommended Action: Provide direction to staff.
(a) Direction was given to staff to return with a policy revision draft.
(b) Direction was given to staff to return with a draft policy.
Clerk’s notes: (a) County Administrative Officer Carol Huchingson introduced the item to the Board. Tax Administrator Patrick Sullivan Patrick Sullivan presented the item to the Board. County Counsel Anita Grant spoke.
Chair Simon asked if anyone present wished to speak and 1st Five Executive Director Carla Ritz spoke. No one else wished to speak and the public input portion of this item was closed.
(b) County Administrative Officer Carol Huchingson introduced the item to the Board. Tax Administrator Patrick Sullivan presented the item to the Board. County Counsel Anita Grant spoke.
Chair Simon asked if anyone present wished to speak and the following people spoke: Mike Mitsel, Michael Green, and Lance Williams. No one else wished to speak and the public input portion of this item was closed.
6.610:00 A.M. - PUBLIC HEARING - Appeal to Board of Supervisors, AB 19-07 for Major Use Permit UP 19-09 (Grocery Outlet Appeal)
Public Hearing
denied — Pass
Carried 5-0 — moved by Crandell
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Exhibits: A1 - Vicinity Map, Site/Building/Signage Plans
A2 - AB 19-07 Appeal Packet
A3 - Katzoff & Riggs, LLP Response (December 5, 2019)
A4 - Planning Commission Staff Report Packet (October 10, 2019)
A5 - Planning Commission Minutes (October 24, 2019)
A6 - CEQA Addendum and MMRP
A7 - Agency Comments
A8 - Conditions of Approval
A9 - LAFCO Annexation Order
A10 - Hidden Valley Lake Community Service District Letter
A11 - PMC Water Supply Assessment
A12 - Testimony from Attorney for KIMCO (Feb 21, 2020)
Executive Summary
(include fiscal and staffing impact narrative):
The appellant, Lake County Local represented by attorney Tal C. Finney, is appealing the decision by the Planning Commission at a hearing that occurred on October 24, 2019 on the approval of Major Use Permit, UP 19-09 and an Addendum to Environmental Impact report (EIR) to allow the developer of Valley Oaks development to construct an approximately 18,000 square foot retail store for Grocery Outlet, on a commercially zoned portion of a parcel that is about 42.75 acres in size.
Project Background and Summary
The project site is located at the intersection of Highway 29 and Hartmann Road, with a new access proposed off of Hartmann Road named Oak Meadow Drive. While the original plan and approved project connected to the new roundabout, the applicant moved the access onto Hartmann Road; this was the configuration taken to the Planning Commission. The project consists of ninety-two paved on-site parking spaces, with an additional 4 ADA parking spaces and would provide circulation for delivery trucks to occur in a manner that is indirectly accessed by Highway 29. A trash enclosure, lighting, and a detention basin are proposed as part of the project. Landscaping is required throughout the unpaved areas, along Highway 29, and along Hartmann Road.
The site is designed to accommodate future additional commercial development, although this Major Use Permit is for a new Grocery Outlet and a new access road only.
A Major Use Permit is required for this project pursuant the Conditions of Approval of the Specific Plan of Development. The Review authority may only approve or conditionally approve a major use permit if all of the findings listed in Article 51 of the Lake County Zoning Ordinance are made.
Points of the Appeal. The appellant has raised seven points of concern within the appeal documentation as follows:
1. Proper hearing notice was not given
2. Grocery Outlet usage presents an unreasonable fire hazard
3. Project has substantially changed from the project certified within the original EIR
4. Project is inconsistent with the Middletown Area Plan
5. Project was put on hold by the Hidden Valley Lake Community Services District
6. The approval of UP 19-09 is not compliant with the California Environmental Quality Act requirements until a revised EIR is drafted and circulated for public comment
7. The approval of the Amendments to the EIR, and UP 19-09 each fails to implement all feasible operational mitigation measures
Point of Appeal #1: The Planning Departments Public Hearing was not properly noticed to the local community.
Response: The legal notice was sent out in accordance with Article 57 (Notice of Public Hearing) of the Lake County Zoning Ordinance. Pursuant to Section 57.3(a)(3) of Article 57, when parcels are greater than five (5) acre in size notices shall be sent to all property owners within 700 feet of project parcel(s). The Community Development Department notified all surrounding property owners within 725 feet of the project parcel, exceeding the minimum requirement (legal notices are mailed out to property owners only, not to those who lease/rent). Additionally, the legal notice was published in the Lake County record Bee on October 14, 2019, 10 days prior to the public hearing.
When creating the mailing labels for public hearing notices, the Community Development Department uses a database from the Lake County Assessor/Recorders Office to obtain the property owners information and mailing address the County has on file. It is the property owner's responsibility to update the County if their contact information has changed. If individuals did not receive a legal notice and are within the 725-foot buffer, they may want to contact the Assessor/Recorders Office to update and/or confirm if the County has their correct contact information.
Point of Appeal #2: The Grocery Outlet usage presents an unreasonable fire hazard.
The appellant states that "... the project owner indicated that the grocery store intends to burn bio-waste rather than transport it to a local landfill. The reason for this is economic...".
The appellant also states that burning bio-waste in a dry rural community "is just not a good idea, especially in a community intended for seniors that may not escape a conflagration in time."
Response: The appellant is objecting to the burning of bio-waste that is present on the site. This project can be divided into three specific development actions in which bio-waste burning could occur: (1) preliminary site preparation, (2) infrastructure improvements, and (3) operations.
The bio-waste burning, however, will occur only during phase 1 and 2 of these three steps, and proposes burning 'on site bio-waste material' only. Section G2 of the Conditions of Approval require material to be chipped and spread on site for erosion control where feasible, which will limit the amount of material that would be burned on site. Phase 3 of the development, Operations, will not involve burning of on-site bio-waste.
Point of Appeal #3: The project has been substantially changed from the project that was subject of the certified EIR.
Response: The Grocery Outlet building is located within the footprint of the Commercial Development Area of the commercially zoned portion of the project site as was approved by the Planning Commission and the Board of Supervisors in 2015. An additional 2.6 acres of adjacent land was added at that time for the purpose of providing a second access road to the commercial site; this is shown on the site plan approved by the Planning Commission at the October 24th 2019 public hearing and subsequently appealed by this action.
The only change to the project relates to the recent construction of the round-a-bout at the intersection of Highway 29 and Hartmann Road, and the subsequent reconfiguration of Hartmann Road along the Commercial Development Area by CalTrans. The changes identified by the appellant are: (1) the construction of the new access road from Hartmann Road to the development and an associated left-turn lane for traffic mitigation purposes, (2) an amendment to Condition #33 of UP 07-05 which is specific to this project, and (3) the increase of impervious surface as a result of the access road.
According to Section V (Environmental Analysis) Pages 6 through 7 of the Staff Report Packet, dated October 10, 2019, an EIR was prepared for this project and certified by the Planning Commission. Additionally, pursuant to CEQA guidelines Section 15162, staff has reviewed the proposed project and concluded that recirculation of the EIR is not required and a subsequent EIR is not necessary. Please refer to pages six (6) through seven (7) of the Staff Report dated October 10, 2019 (Exhibit A4).
The original Planning Commission staff report for UP 19-09 considered these deviations, and determined that they did not constitute a 'substantial change' that warranted the recirculation of, or revisions to, the EIR. The staff report also found that these changes were examined by the EIR and are appropriately addressed through the adopted mitigation measures within UP 19-09's conditions of approval for the project.
Point of Appeal #4: The project is in inconsistent with the Middletown Area Plan.
Response: The project is located within the Coyote Valley portion of the Middletown Area Plan. During the October 24, 2019 hearing, Planning Commission discussed conformity with the Middletown Area Plan (Lake County Planning Commission minutes, October 24, 2019). The EIR specifically found that commercial development in this specific area is consistent with the Middletown Area Plan (EIR 4.9-7). The Use Permit UP 19-09 approved by the Planning Commission made the same conclusion.
The findings made within file number UP 19-09 specifically indicate that the Addendum to the EIR is consistent with the Middletown Area Plan (Exhibit A4, page 8, finding #11), and that the Use Permit (UP 19-09) is consistent with the Middletown Area Plan (Exhibit A4, page 9, finding #5).
The draft and final (certified) EIR had analyzed the proposed project for compliance with the Middletown Area Plan, as well as the General Plan and applicable zoning ordinance standards. Ultimately the County concluded that the EIR was consistent with the Middletown Area Plan.
Point of Appeal #5: The project has been put on hold by the Hidden Valley Lake Community Services District (HVL CSD).
Response: The project site was annexed into the Hidden Valley Lake Community Services District (HVL CSD) on July 17, 2019 according to Exhibit A9, Resolution 2019-0007 by Lake Local Agency Formation (LAFCO).
The LAFCO resolution (Exhibit A9) states that the local water provider, HVL CSD did not object to the property being brought into its jurisdiction. A letter dated April 27, 2005 provided by the HVL CSD stated that the District had adequate water to supply to the Valley Oaks Project. The applicant provided a subsequent water study in 2015 that verified the adequacy of the water supply to this development by HVL CSD.
A letter that was provided to the County from the HVL CSD dated April 27, 2005, stated "the district has more than enough capacity to provide water and sewer services to a project of this type" (Exhibit A10).
The applicant's attorney states in his reply letter that the 'hold' referred to by the appellant was in fact during the LAFCO Annexation Process, and was temporary until the annexation process concluded.
Point of Appeal #6: The approval of UP 19-09 is not compliant with the California Environmental Quality Act requirements unless and until a revised EIR is drafted and circulated for public comment.
Response: The County had determined that the changes to the site plan did not represent substantial changes given the addendum to the EIR and given the extensive review processes, including the draft and final EIR for the project that had occurred prior to and during the October 24, 2019 Planning Commission hearing.
The applicant has addressed the changes that would result in storm water runoff and erosion control due to an increase in impervious surfacing. The applicant has agreed to install a new access road that will be a safer alternative than would be a direct access onto the roundabout. The Staff Report for UP 19-09 also found that these changes were examined by the EIR and are appropriately addressed through mitigation measures as incorporated into the Conditions of Approval for UP 19-09, which found that "... as mitigated, the project will not result in any significant adverse environmental impacts", and "a mitigated negative declaration has been adopted."
Point of Appeal #7: The approval of the Amendments to the EIR and UP 19-09 each fail to implement all feasible operational mitigation measures.
Response: The appellant has indicated that additional significant environmental effects would result from this project that were not accounted for in the original or amended EIR documents. The EIR contains a comprehensive analysis of potential environmental impacts associated with the project regarding increase to impervious surfaces (water runoff), cultural and biological impacts and mitigation measures, traffic and transportation-related facilities, air quality and noise (specifically addressing the burning of on-site biomass and dust generated by soil disruption), geology, soils, hydrology, water quality, and public health.
The Use Permit contains conditions of approval, many of which resulted from mitigation measures that resulted from the EIR and EIR addendum leading up to the Use Permit and its conditions of approval. Staff's position is that all potential impacts have been mitigated to 'less than significant' levels through the Conditions of Approval for use permit UP 19-09.
Project Description
Applicant/Owner: Valley Oaks Land Development, #2 Arabian Lane, Hidden Valley, CA 95046
Location: Highway 29 and Hartmann Road, Hidden Valley, Middletown
18196 and 18426 South State Highway, Middletown
18765 Hartmann Rd., Middletown
A.P.N.: 014-260-51, 14-260-24, 14-260-36
Parcel Sizes: 014-260-51 is approximately 42.75 acres (including the Grocery Outlet site)
014-260-24 is approximately 17 acres (access road)
014-260-36 is approximately 103 acres (not being developed at this time, although EIR includes parcel
General Plan: Community Commercial
Zoning: "PDC,C2" Planned Development Commercial, Community Commercial
"O-FF-SC-FW-WW" Open Space, Floodway Fringe, Scenic Corridor, Floodway, Water Way
Topography: The affected portion of the parcel is flat
Flood Designation: Flood Zone AO
Zoning Map of the Subject Site and Vicinity
Surrounding Zoning and Land Use: The properties to the immediate north, south and southwest are vacant and contain a mixture of residential and commercial zoning designations (see map above). The properties to the northwest are developed with commercial uses (primarily storage units). Hidden Valley Lake subdivision is located to the southeast of the project site beyond the C2 and O zoned properties.
Soils: According to the soil survey of Lake County, prepared by the U.S.D.A, The parcel contains soil type, 147 (Kelsey Fine Sandy Loam) and 233 (Still Loam).
Water Supply: Hidden Valley Lake Community Services District
Sewage Disposal: Hidden Valley Lake Community Services District
Fire Protection: South Lake County Fire Protection District
Project Analysis
1. 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: The Grocery Outlet store will offer a new shopping option for residents in and around the Middletown/Hidden Valley Lake area. Impacts associated with this facility have been mitigated, and there is no evidence that this development will be detrimental to the health, safety, morals, comfort and general welfare of neighboring residents or to the general neighborhood.
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: The affected portion of the site is about 6 acres in size. The total size of the commercial site is about 42.75 acres. The three parent sites total about 147 acres. The positioning of the store is convenient for highway access, yet will not have direct traffic from the highway into and out of the commercial use. The site is in a flood zone, so special foundation engineering will be needed at the time of building permit review.
3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
Response: CalTrans has provided the following written comments (edited for brevity here; please see Exhibit A7 for complete CalTrans comments):
"This letter is regarding the Use Permit (UP) for an initial portion of the Valley Oaks Mixed Use Development, adjacent to State Route (SR) 29 and Hartmann Rd. The UP would permit an 18,000 square foot Grocery Outlet. The traffic analysis provided also included an 11,000 square foot Rite Aid Pharmacy and a 3,300 square foot Taco Bell with a drive through. The Rite Aid and the Taco Bell are not included in the UP.
"...(A)s currently proposed, all access for the Grocery Outlet would take its access from a new connection to Hartmann Rd., located approximately 1,000 feet to the east of the roundabout.
"We concur with the overall findings of the traffic analysis: With the construction of the grocery store only, a left-turn pocket is not warranted. However, with the addition of any additional development, a left-turn pocket on Hartmann Rd. is warranted. Therefore, we recommend that a condition be applied to the Use Permit, stating that a left-turn pocket must be constructed on Hartmann Rd. for the entrance to the commercial development, prior to the construction of a drug store, a fast-food restaurant, or any other additional development proposed to utilize the Hartmann Rd. access. Our concurrence with these findings is based, in large part, on operational concerns about the potential for traffic stopped in the through-lane, making left-turns into the development, to back-up and impact the operation of the roundabout.
"We recommend the project include a sidewalk from the entrance on Hartmann Rd., along project frontage, connecting with the sidewalk around the north-east portion of the roundabout.
"It appears that the UP does not include any work within Caltrans right of way. However, any work proposed to take place within Caltrans right of way including landscaping, pedestrian facilities or utility placement, will require an approved encroachment permit.
"Prior to permit application submittal, the applicant is required to have a pre-submittal meeting with Ukiah Permits staff. The applicant can set up the meeting by calling Amber McCall at 707.463.4743."
These comments support staff's recommendation that this project meets the requirements found in Section 51.4 (3) regarding adequacy of streets, highways and pedestrian facilities.
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 comments received from all public and private services have been supportive of this facility at this location. The LAFCO annexation (Exhibit A) brought the three properties into the boundary of the HVL CSD, and a Water Adequacy Analysis was provided (Exhibit A11).
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: As explained in the sections above, the original and amended EIR were offered a public review and comment period. Changes were incorporated into the EIR, and the Use Permit UP 19-09 has been reviewed for consistency with the EIR and all other governing documents, and has been found to be compliant with the General Plan, the Zoning Ordinance, and to be exempted from the Middletown Area Plan due to its location beyond the downtown Middletown core.
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: There are no violations on the subject site.
APPEAL SUBMITTAL. The appellant submitted an application for Appeal to the Board, along with the required fee and appellant's Attachment A2.
Not applicable
Recommended Action
Deny the Appeal (AB 19-07); uphold Planning Commission's decision to adopt the Addendum to the EIR, and approve the Use Permit (UP 19-09).
Sample Motions:
Appeal Denial
I move that the Board of Supervisors make an intended decision to deny the Appeal AB 19-07.
Addendum to EIR
I move that the Board of Supervisors certify that the Addendum to the Environmental Impact Report prepared by the Planning Division for the Valley Oaks project Phase 1 has been completed in compliance with CEQA and Section 15164 of the State CEQA Guidelines.
Use Permit Approval
I move that the Board of Supervisors find that the Use Permit (UP 19-09) applied for by KIMCO Development Inc. on property located at Highway 29 and Hartmann Road, Hidden Valley, Middletown 18196 and 18426 South State Highway, Middletown, and 18765 Hartmann Rd., APN 14-260-24, 14-260-36 and 014-260-51 does meet the requirements of Sections 27(au)(7)(i) and 51.4 of the Lake County Zoning Ordinance and that the Board of Supervisors has reviewed and considered the EIR and Addendum which was adopted for this project and the Use Permit be granted subject to the conditions and with the findings listed in the staff report dated October 10, 2019.
Original memo text
Memorandum
Date: March 3, 2020
To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors
From: Scott DeLeon, Eric Porter - Community Development Department
Subject: Appeal to Board of Supervisors, AB 19-07 for Major Use Permit UP 19-09
(Grocery Outlet Appeal)
Exhibits: A1 - Vicinity Map, Site/Building/Signage Plans
A2 - AB 19-07 Appeal Packet
A3 - Katzoff & Riggs, LLP Response (December 5, 2019)
A4 - Planning Commission Staff Report Packet (October 10, 2019)
A5 - Planning Commission Minutes (October 24, 2019)
A6 - CEQA Addendum and MMRP
A7 - Agency Comments
A8 - Conditions of Approval
A9 - LAFCO Annexation Order
A10 - Hidden Valley Lake Community Service District Letter
A11 - PMC Water Supply Assessment
A12 - Testimony from Attorney for KIMCO (Feb 21, 2020)
Executive Summary: (include fiscal and staffing impact narrative):
The appellant, Lake County Local represented by attorney Tal C. Finney, is appealing the decision by the Planning Commission at a hearing that occurred on October 24, 2019 on the approval of Major Use Permit, UP 19-09 and an Addendum to Environmental Impact report (EIR) to allow the developer of Valley Oaks development to construct an approximately 18,000 square foot retail store for Grocery Outlet, on a commercially zoned portion of a parcel that is about 42.75 acres in size.
Project Background and Summary
The project site is located at the intersection of Highway 29 and Hartmann Road, with a new access proposed off of Hartmann Road named Oak Meadow Drive. While the original plan and approved project connected to the new roundabout, the applicant moved the access onto Hartmann Road; this was the configuration taken to the Planning Commission. The project consists of ninety-two paved on-site parking spaces, with an additional 4 ADA parking spaces and would provide circulation for delivery trucks to occur in a manner that is indirectly accessed by Highway 29. A trash enclosure, lighting, and a detention basin are proposed as part of the project. Landscaping is required throughout the unpaved areas, along Highway 29, and along Hartmann Road.
The site is designed to accommodate future additional commercial development, although this Major Use Permit is for a new Grocery Outlet and a new access road only.
A Major Use Permit is required for this project pursuant the Conditions of Approval of the Specific Plan of Development. The Review authority may only approve or conditionally approve a major use permit if all of the findings listed in Article 51 of the Lake County Zoning Ordinance are made.
Points of the Appeal. The appellant has raised seven points of concern within the appeal documentation as follows:
1. Proper hearing notice was not given
2. Grocery Outlet usage presents an unreasonable fire hazard
3. Project has substantially changed from the project certified within the original EIR
4. Project is inconsistent with the Middletown Area Plan
5. Project was put on hold by the Hidden Valley Lake Community Services District
6. The approval of UP 19-09 is not compliant with the California Environmental Quality Act requirements until a revised EIR is drafted and circulated for public comment
7. The approval of the Amendments to the EIR, and UP 19-09 each fails to implement all feasible operational mitigation measures
Point of Appeal #1: The Planning Departments Public Hearing was not properly noticed to the local community.
Response: The legal notice was sent out in accordance with Article 57 (Notice of Public Hearing) of the Lake County Zoning Ordinance. Pursuant to Section 57.3(a)(3) of Article 57, when parcels are greater than five (5) acre in size notices shall be sent to all property owners within 700 feet of project parcel(s). The Community Development Department notified all surrounding property owners within 725 feet of the project parcel, exceeding the minimum requirement (legal notices are mailed out to property owners only, not to those who lease/rent). Additionally, the legal notice was published in the Lake County record Bee on October 14, 2019, 10 days prior to the public hearing.
When creating the mailing labels for public hearing notices, the Community Development Department uses a database from the Lake County Assessor/Recorders Office to obtain the property owners information and mailing address the County has on file. It is the property owner's responsibility to update the County if their contact information has changed. If individuals did not receive a legal notice and are within the 725-foot buffer, they may want to contact the Assessor/Recorders Office to update and/or confirm if the County has their correct contact information.
Point of Appeal #2: The Grocery Outlet usage presents an unreasonable fire hazard.
The appellant states that "... the project owner indicated that the grocery store intends to burn bio-waste rather than transport it to a local landfill. The reason for this is economic...".
The appellant also states that burning bio-waste in a dry rural community "is just not a good idea, especially in a community intended for seniors that may not escape a conflagration in time."
Response: The appellant is objecting to the burning of bio-waste that is present on the site. This project can be divided into three specific development actions in which bio-waste burning could occur: (1) preliminary site preparation, (2) infrastructure improvements, and (3) operations.
The bio-waste burning, however, will occur only during phase 1 and 2 of these three steps, and proposes burning 'on site bio-waste material' only. Section G2 of the Conditions of Approval require material to be chipped and spread on site for erosion control where feasible, which will limit the amount of material that would be burned on site. Phase 3 of the development, Operations, will not involve burning of on-site bio-waste.
Point of Appeal #3: The project has been substantially changed from the project that was subject of the certified EIR.
Response: The Grocery Outlet building is located within the footprint of the Commercial Development Area of the commercially zoned portion of the project site as was approved by the Planning Commission and the Board of Supervisors in 2015. An additional 2.6 acres of adjacent land was added at that time for the purpose of providing a second access road to the commercial site; this is shown on the site plan approved by the Planning Commission at the October 24th 2019 public hearing and subsequently appealed by this action.
The only change to the project relates to the recent construction of the round-a-bout at the intersection of Highway 29 and Hartmann Road, and the subsequent reconfiguration of Hartmann Road along the Commercial Development Area by CalTrans. The changes identified by the appellant are: (1) the construction of the new access road from Hartmann Road to the development and an associated left-turn lane for traffic mitigation purposes, (2) an amendment to Condition #33 of UP 07-05 which is specific to this project, and (3) the increase of impervious surface as a result of the access road.
According to Section V (Environmental Analysis) Pages 6 through 7 of the Staff Report Packet, dated October 10, 2019, an EIR was prepared for this project and certified by the Planning Commission. Additionally, pursuant to CEQA guidelines Section 15162, staff has reviewed the proposed project and concluded that recirculation of the EIR is not required and a subsequent EIR is not necessary. Please refer to pages six (6) through seven (7) of the Staff Report dated October 10, 2019 (Exhibit A4).
The original Planning Commission staff report for UP 19-09 considered these deviations, and determined that they did not constitute a 'substantial change' that warranted the recirculation of, or revisions to, the EIR. The staff report also found that these changes were examined by the EIR and are appropriately addressed through the adopted mitigation measures within UP 19-09's conditions of approval for the project.
Point of Appeal #4: The project is in inconsistent with the Middletown Area Plan.
Response: The project is located within the Coyote Valley portion of the Middletown Area Plan. During the October 24, 2019 hearing, Planning Commission discussed conformity with the Middletown Area Plan (Lake County Planning Commission minutes, October 24, 2019). The EIR specifically found that commercial development in this specific area is consistent with the Middletown Area Plan (EIR 4.9-7). The Use Permit UP 19-09 approved by the Planning Commission made the same conclusion.
The findings made within file number UP 19-09 specifically indicate that the Addendum to the EIR is consistent with the Middletown Area Plan (Exhibit A4, page 8, finding #11), and that the Use Permit (UP 19-09) is consistent with the Middletown Area Plan (Exhibit A4, page 9, finding #5).
The draft and final (certified) EIR had analyzed the proposed project for compliance with the Middletown Area Plan, as well as the General Plan and applicable zoning ordinance standards. Ultimately the County concluded that the EIR was consistent with the Middletown Area Plan.
Point of Appeal #5: The project has been put on hold by the Hidden Valley Lake Community Services District (HVL CSD).
Response: The project site was annexed into the Hidden Valley Lake Community Services District (HVL CSD) on July 17, 2019 according to Exhibit A9, Resolution 2019-0007 by Lake Local Agency Formation (LAFCO).
The LAFCO resolution (Exhibit A9) states that the local water provider, HVL CSD did not object to the property being brought into its jurisdiction. A letter dated April 27, 2005 provided by the HVL CSD stated that the District had adequate water to supply to the Valley Oaks Project. The applicant provided a subsequent water study in 2015 that verified the adequacy of the water supply to this development by HVL CSD.
A letter that was provided to the County from the HVL CSD dated April 27, 2005, stated "the district has more than enough capacity to provide water and sewer services to a project of this type" (Exhibit A10).
The applicant's attorney states in his reply letter that the 'hold' referred to by the appellant was in fact during the LAFCO Annexation Process, and was temporary until the annexation process concluded.
Point of Appeal #6: The approval of UP 19-09 is not compliant with the California Environmental Quality Act requirements unless and until a revised EIR is drafted and circulated for public comment.
Response: The County had determined that the changes to the site plan did not represent substantial changes given the addendum to the EIR and given the extensive review processes, including the draft and final EIR for the project that had occurred prior to and during the October 24, 2019 Planning Commission hearing.
The applicant has addressed the changes that would result in storm water runoff and erosion control due to an increase in impervious surfacing. The applicant has agreed to install a new access road that will be a safer alternative than would be a direct access onto the roundabout. The Staff Report for UP 19-09 also found that these changes were examined by the EIR and are appropriately addressed through mitigation measures as incorporated into the Conditions of Approval for UP 19-09, which found that "... as mitigated, the project will not result in any significant adverse environmental impacts", and "a mitigated negative declaration has been adopted."
Point of Appeal #7: The approval of the Amendments to the EIR and UP 19-09 each fail to implement all feasible operational mitigation measures.
Response: The appellant has indicated that additional significant environmental effects would result from this project that were not accounted for in the original or amended EIR documents. The EIR contains a comprehensive analysis of potential environmental impacts associated with the project regarding increase to impervious surfaces (water runoff), cultural and biological impacts and mitigation measures, traffic and transportation-related facilities, air quality and noise (specifically addressing the burning of on-site biomass and dust generated by soil disruption), geology, soils, hydrology, water quality, and public health.
The Use Permit contains conditions of approval, many of which resulted from mitigation measures that resulted from the EIR and EIR addendum leading up to the Use Permit and its conditions of approval. Staff's position is that all potential impacts have been mitigated to 'less than significant' levels through the Conditions of Approval for use permit UP 19-09.
Project Description
Applicant/Owner: Valley Oaks Land Development, #2 Arabian Lane, Hidden Valley, CA 95046
Location: Highway 29 and Hartmann Road, Hidden Valley, Middletown
18196 and 18426 South State Highway, Middletown
18765 Hartmann Rd., Middletown
A.P.N.: 014-260-51, 14-260-24, 14-260-36
Parcel Sizes: 014-260-51 is approximately 42.75 acres (including the Grocery Outlet site)
014-260-24 is approximately 17 acres (access road)
014-260-36 is approximately 103 acres (not being developed at this time, although EIR includes parcel
General Plan: Community Commercial
Zoning: "PDC,C2" Planned Development Commercial, Community Commercial
"O-FF-SC-FW-WW" Open Space, Floodway Fringe, Scenic Corridor, Floodway, Water Way
Topography: The affected portion of the parcel is flat
Flood Designation: Flood Zone AO
Zoning Map of the Subject Site and Vicinity
Surrounding Zoning and Land Use: The properties to the immediate north, south and southwest are vacant and contain a mixture of residential and commercial zoning designations (see map above). The properties to the northwest are developed with commercial uses (primarily storage units). Hidden Valley Lake subdivision is located to the southeast of the project site beyond the C2 and O zoned properties.
Soils: According to the soil survey of Lake County, prepared by the U.S.D.A, The parcel contains soil type, 147 (Kelsey Fine Sandy Loam) and 233 (Still Loam).
Water Supply: Hidden Valley Lake Community Services District
Sewage Disposal: Hidden Valley Lake Community Services District
Fire Protection: South Lake County Fire Protection District
Project Analysis
1. 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: The Grocery Outlet store will offer a new shopping option for residents in and around the Middletown/Hidden Valley Lake area. Impacts associated with this facility have been mitigated, and there is no evidence that this development will be detrimental to the health, safety, morals, comfort and general welfare of neighboring residents or to the general neighborhood.
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: The affected portion of the site is about 6 acres in size. The total size of the commercial site is about 42.75 acres. The three parent sites total about 147 acres. The positioning of the store is convenient for highway access, yet will not have direct traffic from the highway into and out of the commercial use. The site is in a flood zone, so special foundation engineering will be needed at the time of building permit review.
3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
Response: CalTrans has provided the following written comments (edited for brevity here; please see Exhibit A7 for complete CalTrans comments):
"This letter is regarding the Use Permit (UP) for an initial portion of the Valley Oaks Mixed Use Development, adjacent to State Route (SR) 29 and Hartmann Rd. The UP would permit an 18,000 square foot Grocery Outlet. The traffic analysis provided also included an 11,000 square foot Rite Aid Pharmacy and a 3,300 square foot Taco Bell with a drive through. The Rite Aid and the Taco Bell are not included in the UP.
"...(A)s currently proposed, all access for the Grocery Outlet would take its access from a new connection to Hartmann Rd., located approximately 1,000 feet to the east of the roundabout.
"We concur with the overall findings of the traffic analysis: With the construction of the grocery store only, a left-turn pocket is not warranted. However, with the addition of any additional development, a left-turn pocket on Hartmann Rd. is warranted. Therefore, we recommend that a condition be applied to the Use Permit, stating that a left-turn pocket must be constructed on Hartmann Rd. for the entrance to the commercial development, prior to the construction of a drug store, a fast-food restaurant, or any other additional development proposed to utilize the Hartmann Rd. access. Our concurrence with these findings is based, in large part, on operational concerns about the potential for traffic stopped in the through-lane, making left-turns into the development, to back-up and impact the operation of the roundabout.
"We recommend the project include a sidewalk from the entrance on Hartmann Rd., along project frontage, connecting with the sidewalk around the north-east portion of the roundabout.
"It appears that the UP does not include any work within Caltrans right of way. However, any work proposed to take place within Caltrans right of way including landscaping, pedestrian facilities or utility placement, will require an approved encroachment permit.
"Prior to permit application submittal, the applicant is required to have a pre-submittal meeting with Ukiah Permits staff. The applicant can set up the meeting by calling Amber McCall at 707.463.4743."
These comments support staff's recommendation that this project meets the requirements found in Section 51.4 (3) regarding adequacy of streets, highways and pedestrian facilities.
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 comments received from all public and private services have been supportive of this facility at this location. The LAFCO annexation (Exhibit A) brought the three properties into the boundary of the HVL CSD, and a Water Adequacy Analysis was provided (Exhibit A11).
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: As explained in the sections above, the original and amended EIR were offered a public review and comment period. Changes were incorporated into the EIR, and the Use Permit UP 19-09 has been reviewed for consistency with the EIR and all other governing documents, and has been found to be compliant with the General Plan, the Zoning Ordinance, and to be exempted from the Middletown Area Plan due to its location beyond the downtown Middletown core.
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: There are no violations on the subject site.
APPEAL SUBMITTAL. The appellant submitted an application for Appeal to the Board, along with the required fee and appellant's Attachment A2.
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: Deny the Appeal (AB 19-07); uphold Planning Commission's decision to adopt the Addendum to the EIR, and approve the Use Permit (UP 19-09).
Sample Motions:
Appeal Denial
I move that the Board of Supervisors make an intended decision to deny the Appeal AB 19-07.
Addendum to EIR
I move that the Board of Supervisors certify that the Addendum to the Environmental Impact Report prepared by the Planning Division for the Valley Oaks project Phase 1 has been completed in compliance with CEQA and Section 15164 of the State CEQA Guidelines.
Use Permit Approval
I move that the Board of Supervisors find that the Use Permit (UP 19-09) applied for by KIMCO Development Inc. on property located at Highway 29 and Hartmann Road, Hidden Valley, Middletown 18196 and 18426 South State Highway, Middletown, and 18765 Hartmann Rd., APN 14-260-24, 14-260-36 and 014-260-51 does meet the requirements of Sections 27(au)(7)(i) and 51.4 of the Lake County Zoning Ordinance and that the Board of Supervisors has reviewed and considered the EIR and Addendum which was adopted for this project and the Use Permit be granted subject to the conditions and with the findings listed in the staff report dated October 10, 2019.
On motion of Supervisor Crandell, and by vote of the Board, denied Appeal to the Board of Supervisors, AB 19-07 for Major Use Permit UP 19-09. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: Associate Planner Eric Porter presented the item to the Board. George MacDonald, Robert Bone, and Ken Porter spoke. Principal Planner Mark Roberts was present.
Chair Simon asked if anyone present wished to speak and the following people spoke: Tomal Brian, Jack Lair, Claude Brown, Kim Lewis, Melissa Fulton, and Bill Kearney. 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) Approve Long Distance Travel from March 30 to April 2, 2020, for County Administrative Officer Carol Huchingson to attend meetings in Washington, D.C. with Federal Representatives to advocate for additional disaster recovery funds for Lake County; and (b) Consideration of update to Fall 2019 advocacy materials for use in 2020
Action Item
approved — Pass
Carried 4-0 — moved by Sabatier
Brown: absent Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: absent Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
As your Board recalls, last fall, you had approved my participation in a federal advocacy trip along with Rebuild Northbay and other officials from fire impacted counties and the City of Paradise. However, I had to cancel due to extended PSPS in Lake County at that time.
Now, Rebuild Northbay is facilitating an additional trip, with a number of meetings with federal representatives in Washington D.C., for the dates noted above.
Attendees are responsible for airfare and hotel and Rebuild Northbay is coordinating local transportation and some meals.
In addition, staff is seeking your Board's direction to update the materials prepared for the Fall 2019 trip, for use in 2020.
Recommended Action
(a) Approve long distance travel from March 30 to April 2, 2020 for County Administrative Officer Carol Huchingson to attend meetings in Washington, D.C. with federal representatives to advocate for additional disaster recovery funds for Lake County, and, (b) Provide direction to staff to update Fall 2019 advocacy material for use in 2020.
Original memo text
Memorandum
Date: March 3, 2020
To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Subject: (a) Approve Long Distance Travel from March 30 to April 2, 2020, for County Administrative Officer Carol Huchingson to attend meetings in Washington, D.C. with Federal Representatives to advocate for additional disaster recovery funds for Lake County, and (b) Consideration of update to Fall 2019 advocacy materials for use in 2020
Executive Summary: (include fiscal and staffing impact narrative):
As your Board recalls, last fall, you had approved my participation in a federal advocacy trip along with Rebuild Northbay and other officials from fire impacted counties and the City of Paradise. However, I had to cancel due to extended PSPS in Lake County at that time.
Now, Rebuild Northbay is facilitating an additional trip, with a number of meetings with federal representatives in Washington D.C., for the dates noted above.
Attendees are responsible for airfare and hotel and Rebuild Northbay is coordinating local transportation and some meals.
In addition, staff is seeking your Board's direction to update the materials prepared for the Fall 2019 trip, for use in 2020.
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: (a) Approve long distance travel from March 30 to April 2, 2020 for County Administrative Officer Carol Huchingson to attend meetings in Washington, D.C. with federal representatives to advocate for additional disaster recovery funds for Lake County, and, (b) Provide direction to staff to update Fall 2019 advocacy material for use in 2020.
(a) On motion of Supervisor Sabatier, and by vote of the Board, approved Long Distance Travel from March 30 to April 2, 2020, for County Administrative Officer Carol Huchingson to attend meetings in Washington, D.C. with Federal Representatives to advocate for additional disaster recovery funds for Lake County. The motion carried by the following vote:
Ayes: Supervisors Sabatier, Crandell, Scott, and Simon
Absent: Supervisor Brown
(b) On motion of Supervisor Sabatier, and by vote of the Board, approved amended Fall 2019 advocacy materials for use in 2020. The motion carried by the following vote:
Ayes: Supervisors Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: (a) County Administrative Officer Carol Huchingson presented the item to the Board.
Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
(b) County Administrative Officer Carol Huchingson presented the item to the Board.
Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.3Consideration of Cannabis Equity Grant Application – Type 1 Funding
Action Item
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
The State of California recently released the Cannabis Equity Grant Solicitation for 2019-2020. This program is designed to advance economic justice for populations and communities impacted by cannabis prohibition.
For jurisdictions that have not yet created an equity program, the state is offering Type 1 Funding for a planning grant. This grant can be used to hire a consultant to conduct a required equity assessment and help develop a local equity program. Once these steps are completed, the County would be eligible to apply for Type 2 Funding grants. Participating jurisdictions were awarded an average of $1,000,000.00 last year.
If your Board wishes to participate in the process, it can provide direction to staff to complete the application by the March 9th deadline. If selected, your Board must then adopt a provided resolution in order to accept the grant funding.
Recommended Action
Provide direction to staff to submit the Cannabis Equity Grant Application -Type 1 Funding.
Original memo text
Memorandum
Date: March 3, 2020
To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Subject: Consideration of Cannabis Equity Grant Application - Type 1 Funding
Executive Summary: (include fiscal and staffing impact narrative):
The State of California recently released the Cannabis Equity Grant Solicitation for 2019-2020. This program is designed to advance economic justice for populations and communities impacted by cannabis prohibition.
For jurisdictions that have not yet created an equity program, the state is offering Type 1 Funding for a planning grant. This grant can be used to hire a consultant to conduct a required equity assessment and help develop a local equity program. Once these steps are completed, the County would be eligible to apply for Type 2 Funding grants. Participating jurisdictions were awarded an average of $1,000,000.00 last year.
If your Board wishes to participate in the process, it can provide direction to staff to complete the application by the March 9th deadline. If selected, your Board must then adopt a provided resolution in order to accept the grant funding.
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: Provide direction to staff to submit the Cannabis Equity Grant Application -Type 1 Funding.
Direction was given to staff to apply to the Cannabis Equity Grant.
Clerk’s notes: Tax Administrator Patrick Sullivan presented the item to the Board.
Chair Simon asked if anyone present wished to speak and the following person spoke: Erin McCarrick. No one else wished to speak and the public input portion of this item was closed.
7.4Consideration of the following appointments:
Mental Health Board
Western Region Town Hall (WRTH)
Appointment
Motion carried · 2 motions
Carried 5-0 — moved by Crandell
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 5-0 — moved by Crandell
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
Mental Health Board: 3 Vacancies - (1) General Membership (1) Family Member of a Present/Past Consumer (1) Consumer
Application received: Pam Simondi - New Application, Consumer
Western Region Town Hall (WRTH): 1 Vacancy - (1) Public Member at Large
Application received: Kathryn (Kate) Parankema - New Application, Public Member at Large
..Recommended Action
RECOMMENDED ACTION: Appoint qualified applicants to the selected Advisory Boards.
Original memo text
..Title
..Body
MEMORANDUM
Date: March 3, 2020
To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors
From: Johanna DeLong, Assistant Clerk of the Board
Subject: Consideration of Advisory Board Appointments
Executive Summary:
Mental Health Board: 3 Vacancies - (1) General Membership (1) Family Member of a Present/Past Consumer (1) Consumer
Application received: Pam Simondi - New Application, Consumer
Western Region Town Hall (WRTH): 1 Vacancy - (1) Public Member at Large
Application received: Kathryn (Kate) Parankema - New Application, Public Member at Large
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: Appoint qualified applicants to the selected Advisory Boards.
(a) On motion of Supervisor Crandell, and by vote of the Board, appointed Kate Parankema to the Western Region Town Hall. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
(b) On motion of Supervisor Crandell, and by vote of the Board, appointed Pam Simondi to the Mental Health Board. The motion carried by the following vote:
Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: (a) Chair Simon presented the item to the Board.
Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
(b) Chair Simon presented the item to the Board.
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
8.1(Sitting as the Lake County IHSS Public Authority Board of Directors) Conference with Labor Negotiator: (a) Chief Negotiator: Bruce Heid; County Negotiator: Crystal Markytan (b) Employee Organization: California United Homecare Workers Union AFSCME/SEIU Local 4034
Closed Session Item
8.2Conference 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
8.3Conference with Legal Counsel: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (d)(2)(e)(3)- Claim of Nichols
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 3:33 p.m. having taken no action.