Lake County Meetings — interactive archive

Board Of Supervisors — Tuesday, April 14, 2020

9:00 AM · Board Chambers

Approved minutes (PDF)

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Due to the COVID-19 crisis, meetings of the Lake County Board of Supervisors are being conducted virtually at this time. Live video of all Board of Supervisors meetings is broadcast on Lake County PEG TV (TV8), and online, at: https://countyoflake.legistar.com/Calendar.aspx
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Additionally, up to 4:00 pm on the day preceding this meeting, written comments on any agenda item may be submitted by email to publiccomment@lakecountyca.gov or by voice to (707) 263-2368. Please note the agenda item number you are addressing in your email or voice comment.
Thank you for your interest in this meeting.

1. Call to Order

2. Moment of Silence

3. Pledge of Allegiance

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

4.1EXTRA ITEM: (a) Consideration of “extra” agenda item; and (b) Consideration of approval for an additional Town Hall meeting for local businesses during the week of April 13, 2020, date and time to be determined Action Item Motion carried · 2 motions
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: April 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Carol J. Huchingson, County Administrative Officer for Bruno Sabatier, District 2 Supervisor · Subject: EXTRA ITEM: (a) Consideration of "extra" agenda item; and (b) Consideration of approval for an additional Town Hall meeting for local businesses during the week of April 13, 2020, date and time to be determined

Executive Summary

(include fiscal and staffing impact narrative): (a) This item is being submitted as an "extra" agenda item. The justification for this request to consider an item not on the posted agenda is as follows: This item came to the attention of staff subsequent to the posting of the current agenda and there is a need to take action before the next agenda. (b) Supervisor Brown is planning a second town hall meeting to support local businesses and I am requesting our Board consider approving the use of County resources to support this effort.

Recommended Action

(a) Staff requests that the Board take action by motion to accept this item for consideration as an "extra" agenda item. (b) Approve the use of County resources to support the second town hall for local businesses, to be held during the week of April 13, 2020, date and time to be determined.

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

Original memo text
Memorandum Date: April 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Carol J. Huchingson, County Administrative Officer for Bruno Sabatier, District 2 Supervisor Subject: EXTRA ITEM: (a) Consideration of "extra" agenda item; and (b) Consideration of approval for an additional Town Hall meeting for local businesses during the week of April 13, 2020, date and time to be determined Executive Summary: (include fiscal and staffing impact narrative): (a) This item is being submitted as an "extra" agenda item. The justification for this request to consider an item not on the posted agenda is as follows: This item came to the attention of staff subsequent to the posting of the current agenda and there is a need to take action before the next agenda. (b) Supervisor Brown is planning a second town hall meeting to support local businesses and I am requesting our Board consider approving the use of County resources to support this effort. 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) Staff requests that the Board take action by motion to accept this item for consideration as an "extra" agenda item. (b) Approve the use of County resources to support the second town hall for local businesses, to be held during the week of April 13, 2020, date and time to be determined.
(a) On motion of Supervisor Sabatier, and by vote of the Board, approved to take this item up as an extra, as there is a need to take immediate action and the need for action came to attention of the County subsequent to the agenda being posted. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon (b) On motion of Supervisor Sabatier, and by vote of the Board, approved an additional Town Hall meeting for local businesses during the week of April 13, 2020, date and time to be determined. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: Supervisor Sabatier presented the item to the Board. County Administrative Officer Carol Huchingson spoke. Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
4.2EXTRA ITEM: (a) Consideration of “extra” agenda item; and (b) Consideration of Board appointees to the Health Officer’s Working Group being formed to plan for reopening the County when the COVID-19 Shelter In Place order is lifted Action Item Motion carried
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: April 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Carol J. Huchingson, County Administrative Officer for Bruno Sabatier, District 2 Supervisor · Subject: EXTRA ITEM: (a) Consideration of "extra" agenda item; and (b) Consideration of Board appointees to the Health Officer's Working Group being formed to plan for reopening the County when the COVID-19 Shelter In Place order is lifted

Executive Summary

(include fiscal and staffing impact narrative): (a) This item is being submitted as an "extra" agenda item. The justification for this request to consider an item not on the posted agenda is as follows: This item came to the attention of staff subsequent to the posting of the current agenda and there is a need to take action before the next agenda. (b) The Health Officer is forming a working group to plan for reopening the County when the COVID-19 Shelter in Place order is lifted. Your Board has expressed your intent to appoint two Board members to serve on this working group.

Recommended Action

(a) Staff requests that the Board take action by motion to accept this item for consideration as an "extra" agenda item. (b) Appoint two Board members to to the Health Officer's Working Group being formed to plan for reopening the County when the COVID-19 Shelter In Place order is lifted.

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

Original memo text
Memorandum Date: April 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Carol J. Huchingson, County Administrative Officer for Bruno Sabatier, District 2 Supervisor Subject: EXTRA ITEM: (a) Consideration of "extra" agenda item; and (b) Consideration of Board appointees to the Health Officer's Working Group being formed to plan for reopening the County when the COVID-19 Shelter In Place order is lifted Executive Summary: (include fiscal and staffing impact narrative): (a) This item is being submitted as an "extra" agenda item. The justification for this request to consider an item not on the posted agenda is as follows: This item came to the attention of staff subsequent to the posting of the current agenda and there is a need to take action before the next agenda. (b) The Health Officer is forming a working group to plan for reopening the County when the COVID-19 Shelter in Place order is lifted. Your Board has expressed your intent to appoint two Board members to serve on this working group. 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) Staff requests that the Board take action by motion to accept this item for consideration as an "extra" agenda item. (b) Appoint two Board members to to the Health Officer's Working Group being formed to plan for reopening the County when the COVID-19 Shelter In Place order is lifted.
(a) On motion of Supervisor Sabatier, and by vote of the Board, approved to take this item up as an extra, as there is a need to take immediate action and the need for action came to attention of the County subsequent to the agenda being posted. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon (b) There was Board consensus to appoint Supervisor Crandell and Chair Simon to the Health Officer’s Working Group.
Clerk’s notes: Chair Simon introduced the item to the Board. County Administrative Officer Carol Huchingson, Sheriff Brian Martin, Public Health Officer Dr. Gary Pace, County Counsel Anita Grant. Chair Simon asked if anyone present wished to speak and the following person spoke via Zoom: Melissa Fulton

5. Approval of the Consent Agenda

5.1Approve Letter of Support for Hope Rising’s Center for Transformation and authorize Supervisor Scott to sign on behalf of our Board Letter pulled on consent Motion carried
Carried 5-0 — moved by Scott
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: April 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Tina Scott, 4th District Supervisor · Subject: Approve Letter of Support for Hope Rising's Center for Transformation and authorize Supervisor Scott to sign on behalf of our Board

Executive Summary

(include fiscal and staffing impact narrative): As our Board's appointee to Hope Rising, I am requesting our Board consider and approve the attached letter of support and commitment for Hope Rising's Center for Transformation for Persons Experiencing Homelessness, authorizing me to sign.

Recommended Action

Approve Letter of Support for Hope Rising's Center for Transformation and authorize Supervisor Scott to sign on behalf of our Board.

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

Strategic priorities: Well-being of Residents Community Collaboration

Original memo text
Memorandum Date: April 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Tina Scott, 4th District Supervisor Subject: Approve Letter of Support for Hope Rising's Center for Transformation and authorize Supervisor Scott to sign on behalf of our Board Executive Summary: (include fiscal and staffing impact narrative): As our Board's appointee to Hope Rising, I am requesting our Board consider and approve the attached letter of support and commitment for Hope Rising's Center for Transformation for Persons Experiencing Homelessness, authorizing me to sign. If not budgeted, fill in the blanks below only: Estimated Cost: __N/A______ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Approve Letter of Support for Hope Rising's Center for Transformation and authorize Supervisor Scott to sign on behalf of our Board.
On motion of Supervisor Scott, and by vote of the Board, approved as amended a Letter of Support for Hope Rising’s Center for Transformation and authorized Supervisor Scott to sign on behalf of our Board. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: Supervisor Scott presented the item to the Board. County Administrative Officer Carol Huchingson spoke. Chair Simon asked if anyone present wished to speak and the email received via public comments was read by County Administrative Officer Carol Huchingson from the following person: Betsy Cawn. No one else wished to speak and the public input portion of this item was closed.
5.2Approve Minutes of the Board of Supervisors Meetings from January 7, 2020, January 28, 2020, February 4, 2020, February 25, 2020 and March 17, 2020 Minutes passed on consent
5.3Approve Budget Transfer for Capital Asset Improvements in the Amount of $85,000 to pay Garland Company for Roofing Materials and authorize the Chair to sign Action Item passed on consent
Staff memo

Date: April 14, 2020 · To: Lake County Board of Supervisors · From: Todd Metcalf, B.S. Behavioral Health Services Administrator · Subject: Approve Budget Transfer for Capital Asset Improvements in the Amount of $85,000 to pay Garland Company for Roofing Materials and authorize the Chair to sign

Executive Summary

The Public Services Department has coordinated a roofing project for Lake County Behavioral Health Services' City of Clearlake clinic. Installation costs have exceeded the original budget estimate totaling $85,000. Amount Budgeted: $217,000 Additional Requested: $85,000 Future Annual Cost: $0.00

Recommended Action

Approve Budget Transfer for Capital Asset Improvements in the Amount of $85,000 to pay Garland Company for Roofing Materials and authorize the Chair to sign.

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

Strategic priorities: Infrastructure

Original memo text
Memorandum Date: April 14, 2020 To: Lake County Board of Supervisors From: Todd Metcalf, B.S. Behavioral Health Services Administrator Subject: Approve Budget Transfer for Capital Asset Improvements in the Amount of $85,000 to pay Garland Company for Roofing Materials and authorize the Chair to sign Executive Summary: The Public Services Department has coordinated a roofing project for Lake County Behavioral Health Services' City of Clearlake clinic. Installation costs have exceeded the original budget estimate totaling $85,000. If not budgeted, fill in the blanks below only: Estimated Cost: $217,000 Amount Budgeted: $217,000 Additional Requested: $85,000 Future Annual Cost: $0.00 Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☒ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Approve Budget Transfer for Capital Asset Improvements in the Amount of $85,000 to pay Garland Company for Roofing Materials and authorize the Chair to sign.
5.4Approve Late Travel Claim for Mental Health Services Act (MHSA) Team Leader Carrie Manning in the amount of $216.81 and authorize the Auditor-Controller to process payment. Action Item passed on consent
Staff memo

Date: April 14, 2020 · To: Lake County Board of Supervisors · From: Todd Metcalf, B.S., Behavioral Health Services Administrator · Subject: Approve Late Travel Claim for Mental Health Services Act (MHSA) Team Leader Carrie Manning in the amount of $216.81 and authorize the Auditor-Controller to process payment.

Executive Summary

From November 17, 2019, through November 21, 2019, MHSA Team Leader Carrie Manning travelled to Las Vegas for Teen Mental Health First Aid training as a requirement of a departmental grant award. Ms. Manning completed her initial travel expense claim in December of 2019, but an error was discovered and she had to resubmit it. She was unaware of the timeliness of the travel expense reimbursement protocol. Therefore, I am requesting consideration of travel reimbursement for Ms. Manning in the amount of $216.81. Not applicable

Recommended Action

Approve Late Travel Claim for Mental Health Services Act (MHSA) Team Leader Carrie Manning in the amount of $216.81 and authorize the Auditor-Controller to process payment.
Cost
Estimated Cost$0
Original memo text
Memorandum Date: April 14, 2020 To: Lake County Board of Supervisors From: Todd Metcalf, B.S., Behavioral Health Services Administrator Subject: Approve Late Travel Claim for Mental Health Services Act (MHSA) Team Leader Carrie Manning in the amount of $216.81 and authorize the Auditor-Controller to process payment. Executive Summary: From November 17, 2019, through November 21, 2019, MHSA Team Leader Carrie Manning travelled to Las Vegas for Teen Mental Health First Aid training as a requirement of a departmental grant award. Ms. Manning completed her initial travel expense claim in December of 2019, but an error was discovered and she had to resubmit it. She was unaware of the timeliness of the travel expense reimbursement protocol. Therefore, I am requesting consideration of travel reimbursement for Ms. Manning in the amount of $216.81. If not budgeted, fill in the blanks below only: Estimated Cost: $0 Amount Budgeted: N/A Additional Requested: N/A Future Annual Cost: N/A Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☒ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Approve Late Travel Claim for Mental Health Services Act (MHSA) Team Leader Carrie Manning in the amount of $216.81 and authorize the Auditor-Controller to process payment.
5.5Adopt Proclamation Designating the Month of April 2020 as Sexual Assault Awareness Month in Lake County Proclamation passed on consent
5.6Approve Public Nuisance Abatement contracts for the following service vendors, (a) JDM Earthworks for an amount not to exceed $150,000, (b) Cook Construction Engineering Partnership for an amount not to exceed $150,000 and (c) Leonard’s Hauling Services for an amount not to exceed $200,000 and for a term from March 17, 2020 to June 30, 2022 and authorize Chair to sign. Action Item pulled on consent Motion carried · 2 motions
Carried 5-0 — moved by Crandell
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
Staff memo

Date: April 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Scott De Leon, Interim Community Development Department Director · Subject: Approve Public Nuisance Abatement contracts for the following service vendors, (a) JDM Earthworks for an amount not to exceed $150,000, (b) Cook Construction Engineering Partnership for an amount not to exceed $150,000 and (c) Leonard's Hauling Services for an amount not to exceed $200,000 and for a term from March 17, 2020 to June 30, 2022 and authorize Chair to sign.

Executive Summary

(include fiscal and staffing impact narrative): Community Development Department - Code Enforcement Division released a Request for Qualifications (RFQ) for Cleanup Services for Public Nuisance Abatement on January 17, 2020 with a deadline to respond on February 6, 2020. The scope of work involves the abatement of private properties include collecting, dismantling, demolishing, packaging, removing, transporting, and properly disposing solid waste and metal waste to legal disposal sites, and securing the site as directed. These tasks may also include the proper removal of motor vehicles, tires, waste oil, batteries and similar materials, as needed. County received four Statement of Qualifications (SOQ) of which, three were found qualified and responsive. The fourth SOQ from Silva Sons Transport, Inc. was found non-responsive and rejected. The three qualified service vendors include JDM Earthworks, Leonard's Hauling Services and Cook Construction Engineering Partnership. Staff recommends a contract term beginning March 17, 2020 through June 30, 2022 for the following contract amounts not to exceed: A. JDM Earthworks - $150,000 B. Cook Construction Engineering Partnership - $150,000 C. Leonard's Hauling Services - $200,000 These service vendors will augment the Code Enforcement Division in addressing public nuisance abatement.

Recommended Action

Approve Public Nuisance Abatement contracts for the following service vendors, (a) JDM Earthworks for an amount not to exceed $150,000, (b) Cook Construction Engineering Partnership for an amount not to exceed $150,000 and (c) Leonard's Hauling Services for an amount not to exceed $200,000 and for a term from March 17, 2020 to June 30, 2022 and authorize Chair to sign.

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

Strategic priorities: Well-being of Residents Public Safety Economic Development Disaster Recovery

Original memo text
Memorandum Date: April 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Scott De Leon, Interim Community Development Department Director Subject: Approve Public Nuisance Abatement contracts for the following service vendors, (a) JDM Earthworks for an amount not to exceed $150,000, (b) Cook Construction Engineering Partnership for an amount not to exceed $150,000 and (c) Leonard's Hauling Services for an amount not to exceed $200,000 and for a term from March 17, 2020 to June 30, 2022 and authorize Chair to sign. Executive Summary: (include fiscal and staffing impact narrative): Community Development Department - Code Enforcement Division released a Request for Qualifications (RFQ) for Cleanup Services for Public Nuisance Abatement on January 17, 2020 with a deadline to respond on February 6, 2020. The scope of work involves the abatement of private properties include collecting, dismantling, demolishing, packaging, removing, transporting, and properly disposing solid waste and metal waste to legal disposal sites, and securing the site as directed. These tasks may also include the proper removal of motor vehicles, tires, waste oil, batteries and similar materials, as needed. County received four Statement of Qualifications (SOQ) of which, three were found qualified and responsive. The fourth SOQ from Silva Sons Transport, Inc. was found non-responsive and rejected. The three qualified service vendors include JDM Earthworks, Leonard's Hauling Services and Cook Construction Engineering Partnership. Staff recommends a contract term beginning March 17, 2020 through June 30, 2022 for the following contract amounts not to exceed: A. JDM Earthworks - $150,000 B. Cook Construction Engineering Partnership - $150,000 C. Leonard's Hauling Services - $200,000 These service vendors will augment the Code Enforcement Division in addressing public nuisance abatement. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☒ Economic Development ☒ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Approve Public Nuisance Abatement contracts for the following service vendors, (a) JDM Earthworks for an amount not to exceed $150,000, (b) Cook Construction Engineering Partnership for an amount not to exceed $150,000 and (c) Leonard's Hauling Services for an amount not to exceed $200,000 and for a term from March 17, 2020 to June 30, 2022 and authorize Chair to sign.
(a) On motion of Supervisor Crandell, and by vote of the Board, approved Public Nuisance Abatement contract for the following service vendors, JDM Earthworks for an amount not to exceed $150,000 and authorized Chair to sign. 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, approved Public Nuisance Abatement contract Cook Construction Engineering Partnership for an amount not to exceed $150,000 and authorized Chair to sign. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon (c) On motion of Supervisor Crandell, and by vote of the Board, approved Public Nuisance Abatement contract Leonard’s Hauling Services for an amount not to exceed $200,000 and for a term from March 17, 2020 to June 30, 2022 and authorized Chair to sign. Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: Supervisor Brown presented the item to the Board. Interim Community Development Director Scott De Leon and County Counsel Anita Grant spoke. Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
5.7Adopt Resolution Accepting Official Canvass of the Presidential Primary Election Held on March 3, 2020 and Declaring County Supervisors Duly Elected Resolution passed on consent
Staff memo

Date: April 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Maria Valadez, Interim Registrar of Voters · Subject: Adopt Resolution Accepting Official Canvass of the Presidential Primary Election Held on March 3, 2020 and Declaring County Supervisors Duly Elected

Executive Summary

(include fiscal and staffing impact narrative): The attached resolution titled "Resolution Accepting Official Canvass of the Presidential Primary Election held on March 3, 2020; Declaring Certain County Officials Duly Elected; and, the elections officials certification of the official canvass of the election results with the Statement of Vote as well as the certification of the results of write-in votes cast for qualified candidates for President of the United States and Judge of the Superior Court, Department No. 2 that I have attached are being submitted for your Board's approval pursuant to Section 15372 of the California Elections Code.

Recommended Action

Adopt Resolution Accepting Official Canvass of the Presidential Primary Election Held on March 3, 2020 and Declaring County Supervisors Duly Elected

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

Original memo text
Memorandum Date: April 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Maria Valadez, Interim Registrar of Voters Subject: Adopt Resolution Accepting Official Canvass of the Presidential Primary Election Held on March 3, 2020 and Declaring County Supervisors Duly Elected Executive Summary: (include fiscal and staffing impact narrative): The attached resolution titled "Resolution Accepting Official Canvass of the Presidential Primary Election held on March 3, 2020; Declaring Certain County Officials Duly Elected; and, the elections officials certification of the official canvass of the election results with the Statement of Vote as well as the certification of the results of write-in votes cast for qualified candidates for President of the United States and Judge of the Superior Court, Department No. 2 that I have attached are being submitted for your Board's approval pursuant to Section 15372 of the California Elections Code. 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 Accepting Official Canvass of the Presidential Primary Election Held on March 3, 2020 and Declaring County Supervisors Duly Elected
5.8Authorize the Closure of the Eastlake Sanitary Landfill until the County of Lake Health Officer Rescinds the COVID-19 Shelter-in-Place Order Action Item pulled on consent Motion carried
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: April 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Lars Ewing, Public Services Director · Subject: Authorize the closure of the Eastlake Sanitary Landfill until the County of Lake Health Officer rescinds the COVID-19 shelter-in-place order

Executive Summary

(include fiscal and staffing impact narrative): Currently the Eastlake Sanitary Landfill is open to the public from 7:30am to 3:00pm seven days a week. However, as a result of the COVID-19 pandemic, staff is recommending to close one day a week on Sundays in order to continue providing adequate operations the rest of the week. The reasons are threefold. First, workforce shortages have hindered our ability to adequately manage landfill operations spread out over a seven day a week period. Fewer County staff are available to work because of voluntary staff isolations/quarantines as well as unexpected recent vacancies. Additionally, the landfill typically benefits from the Lake County Sheriff's Alternative Work Program and Mendo-Lake Alternative Service, which provides individuals who perform site cleanup work at the landfill as an alternative to court-mandated fines or community service hours. Unfortunately during the COVID-19 crisis these programs have been placed on hold. Second, the concern of COVID-19 contamination on disposal material has added to the operational tasks at the landfill, thereby exacerbating the aforementioned staffing shortage. South Lake Refuse and Recycling (SLRR) normally accepts recyclables at their recycling drop off center adjacent to the landfill. However, SLRR staff usually hand sorts the material and, in light of the health risk to their staff, they made the decision to discontinue receiving any material. As an alternative, the landfill has been accepting recyclable material for temporary storage and future pickup. It is important to note that landfill staff is NOT hand processing the material like SLRR but rather using mechanical equipment to sort the material and place in storage bins for SLRR to haul off at a later date. Other unique tasks include daily sanitizing of all equipment used at the landfill, inside and out, as well as more direct involvement with social distancing and traffic control measures to minimize the number of people on the landfill tipping area at one time. Lastly, the amount of vehicle traffic and material coming to the landfill on Sundays has drastically reduced during the COVID-19 shelter-in-place order. In comparison to the same time frame from 2019, material amounts have reduced by 30% and vehicle counts are down almost 60%. While this is a relatively brief period of time to use a basis for long-term operational decisions, it may indicate that a temporary Sunday closure could result in only a minor impact to the public. Though on a related note, prior to the shelter-in-place order there was already a significant downward trend in the Sunday use of the landfill in comparison to previous years. This is likely, though not confirmed to be, a result of the City of Clearlake instituting mandatory garbage collection in April 2018; franchise haulers do not haul on weekends so all weekend use is public self-haul. If your Board approves the request, Sunday closures will go into effect April 19, 2020, and upon rescission of the shelter-in-place order landfill operations would resume to seven days a week as before. In the meantime staff will continue to monitor the daily traffic counts and material quantities and come back to your Board as necessary with any recommended operational changes. FISCAL IMPACT (Narrative): If the landfill is closed on Sundays for the duration of the COVID-19 shelter-in-place, staff does not anticipate a fiscal impact. However, if the landfill remains open seven days a week, landfill staff will likely be required to work overtime in order to provide operational coverage over a seven day period. STAFFING IMPACT (if applicable): The staffing impact is described in the executive summary and fiscal impact.

Recommended Action

Authorize the closure of the Eastlake Sanitary Landfill until the County of Lake Health Officer rescinds the COVID-19 shelter-in-place order.

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

Strategic priorities: Well-being of Residents Public Safety Infrastructure Disaster Recovery County Workforce Business Process Efficiency

Original memo text
Memorandum Date: April 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Lars Ewing, Public Services Director Subject: Authorize the closure of the Eastlake Sanitary Landfill until the County of Lake Health Officer rescinds the COVID-19 shelter-in-place order Executive Summary: (include fiscal and staffing impact narrative): Currently the Eastlake Sanitary Landfill is open to the public from 7:30am to 3:00pm seven days a week. However, as a result of the COVID-19 pandemic, staff is recommending to close one day a week on Sundays in order to continue providing adequate operations the rest of the week. The reasons are threefold. First, workforce shortages have hindered our ability to adequately manage landfill operations spread out over a seven day a week period. Fewer County staff are available to work because of voluntary staff isolations/quarantines as well as unexpected recent vacancies. Additionally, the landfill typically benefits from the Lake County Sheriff's Alternative Work Program and Mendo-Lake Alternative Service, which provides individuals who perform site cleanup work at the landfill as an alternative to court-mandated fines or community service hours. Unfortunately during the COVID-19 crisis these programs have been placed on hold. Second, the concern of COVID-19 contamination on disposal material has added to the operational tasks at the landfill, thereby exacerbating the aforementioned staffing shortage. South Lake Refuse and Recycling (SLRR) normally accepts recyclables at their recycling drop off center adjacent to the landfill. However, SLRR staff usually hand sorts the material and, in light of the health risk to their staff, they made the decision to discontinue receiving any material. As an alternative, the landfill has been accepting recyclable material for temporary storage and future pickup. It is important to note that landfill staff is NOT hand processing the material like SLRR but rather using mechanical equipment to sort the material and place in storage bins for SLRR to haul off at a later date. Other unique tasks include daily sanitizing of all equipment used at the landfill, inside and out, as well as more direct involvement with social distancing and traffic control measures to minimize the number of people on the landfill tipping area at one time. Lastly, the amount of vehicle traffic and material coming to the landfill on Sundays has drastically reduced during the COVID-19 shelter-in-place order. In comparison to the same time frame from 2019, material amounts have reduced by 30% and vehicle counts are down almost 60%. While this is a relatively brief period of time to use a basis for long-term operational decisions, it may indicate that a temporary Sunday closure could result in only a minor impact to the public. Though on a related note, prior to the shelter-in-place order there was already a significant downward trend in the Sunday use of the landfill in comparison to previous years. This is likely, though not confirmed to be, a result of the City of Clearlake instituting mandatory garbage collection in April 2018; franchise haulers do not haul on weekends so all weekend use is public self-haul. If your Board approves the request, Sunday closures will go into effect April 19, 2020, and upon rescission of the shelter-in-place order landfill operations would resume to seven days a week as before. In the meantime staff will continue to monitor the daily traffic counts and material quantities and come back to your Board as necessary with any recommended operational changes. FISCAL IMPACT (Narrative): If the landfill is closed on Sundays for the duration of the COVID-19 shelter-in-place, staff does not anticipate a fiscal impact. However, if the landfill remains open seven days a week, landfill staff will likely be required to work overtime in order to provide operational coverage over a seven day period. STAFFING IMPACT (if applicable): The staffing impact is described in the executive summary and fiscal impact. 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: Authorize the closure of the Eastlake Sanitary Landfill until the County of Lake Health Officer rescinds the COVID-19 shelter-in-place order.
On motion of Supervisor Sabatier, and by vote of the Board, authorized the Closure of the Eastlake Sanitary Landfill until the County of Lake Health Officer Rescinds the COVID-19 Shelter-in-Place Order. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: Supervisor Sabatier introduced the item to the Board. Public Service Director Lars Ewing 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.
5.9Approve Agreement for Federal Apportionment Exchange Program and State Match Program for California Department of Transportation - Non MPO County, and authorize the Chair to Sign Agreement passed on consent
Staff memo

Date: March 30, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Scott De Leon, Public Works Director · Subject: Approve Agreement for Federal Apportionment Exchange Program and State Match Program for California Department of Transportation - Non MPO County, and authorize the Chair to Sign

Executive Summary

(include fiscal and staffing impact narrative): On March 17, 2020, the California Department of Transportation (Caltrans) notified the County of the opportunity to participate in the Optional RSTP Federal Exchange and State Match Program for FFY 2019/2020. The exchange amount is based on the County's estimated FFY 2020 apportionments. On an annual basis, the County has exchanged the Federal RSTP dollars for unrestricted State dollars which provide greater flexibility on the type and location of projects to be funded. The County continues to meet the criteria to exchange the 2019/2020 apportionments. Caltrans has forwarded the Federal Apportionment Exchange and State Match Program Agreement for the County of Lake, which allows for the exchange of these funds. Staff recommends that the Board of Supervisors approve the attached Agreement exchanging Federal RSTP dollars for unrestricted State dollars and authorize the chair to sign said agreement. If approved, we respectfully request that both copies of the Agreement be signed by the Chair and returned to this Department for processing.

Recommended Action

Approve Agreement for Federal Apportionment Exchange Program and State Match Program for California Department of Transportation - Non MPO County, and authorize the Chair to Sign.

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

Strategic priorities: Public Safety Infrastructure

Original memo text
Memorandum Date: March 30, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Scott De Leon, Public Works Director Subject: Approve Agreement for Federal Apportionment Exchange Program and State Match Program for California Department of Transportation - Non MPO County, and authorize the Chair to Sign Executive Summary: (include fiscal and staffing impact narrative): On March 17, 2020, the California Department of Transportation (Caltrans) notified the County of the opportunity to participate in the Optional RSTP Federal Exchange and State Match Program for FFY 2019/2020. The exchange amount is based on the County's estimated FFY 2020 apportionments. On an annual basis, the County has exchanged the Federal RSTP dollars for unrestricted State dollars which provide greater flexibility on the type and location of projects to be funded. The County continues to meet the criteria to exchange the 2019/2020 apportionments. Caltrans has forwarded the Federal Apportionment Exchange and State Match Program Agreement for the County of Lake, which allows for the exchange of these funds. Staff recommends that the Board of Supervisors approve the attached Agreement exchanging Federal RSTP dollars for unrestricted State dollars and authorize the chair to sign said agreement. If approved, we respectfully request that both copies of the Agreement be signed by the Chair and returned to this Department for processing. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☒ Public Safety ☒ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Approve Agreement for Federal Apportionment Exchange Program and State Match Program for California Department of Transportation - Non MPO County, and authorize the Chair to Sign.
5.10Adopt Proclamation Designating the Week of April 12-18, 2020 as National Public Safety Dispatcher Week Proclamation passed on consent
Staff memo

Date: April 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Sheriff Martin · Subject: Declaration of Public Safety Dispatcher Week

Executive Summary

(include fiscal and staffing impact narrative): DESIGNATING THE WEEK OF APRIL 12-18, 2020 AS NATIONAL PUBLIC SAFETY DISPATCHERS WEEK WHEREAS, emergencies can occur at any time that require law enforcement, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of law enforcement officers, firefighters and emergency medical professionals is critical to the protection of life and preservation of property; and WHEREAS, the safety of our law enforcement officers and fire personnel is dependent upon the quality and accuracy of Information obtained from citizens who telephone the Lake County Central Dispatch Center; and WHEREAS, Public Safety Dispatchers are the first, and can be the most critical, contact our citizens have with emergency services, and are the vital link for our law enforcement officers and fire personnel by monitoring their activities by radio providing them with information and insuring their safety; and WHEREAS, the Public Safety Dispatchers of the Lake County Sheriff's Office have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients, exhibiting compassion, understanding and professionalism during the performance of their job. NOW, THERFORE, BE IT PROCLAIMED that the Lake County Board of Supervisors does, hereby designate the week of April 12-18, 2020 as National Public Safety Dispatchers Week in Lake County and encourages all citizens to join in recognizing the commitment of public safety dispatchers in our communities to preserve the safety of us all.

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

Original memo text
Memorandum Date: April 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Sheriff Martin Subject: Declaration of Public Safety Dispatcher Week Executive Summary: (include fiscal and staffing impact narrative): DESIGNATING THE WEEK OF APRIL 12-18, 2020 AS NATIONAL PUBLIC SAFETY DISPATCHERS WEEK WHEREAS, emergencies can occur at any time that require law enforcement, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of law enforcement officers, firefighters and emergency medical professionals is critical to the protection of life and preservation of property; and WHEREAS, the safety of our law enforcement officers and fire personnel is dependent upon the quality and accuracy of Information obtained from citizens who telephone the Lake County Central Dispatch Center; and WHEREAS, Public Safety Dispatchers are the first, and can be the most critical, contact our citizens have with emergency services, and are the vital link for our law enforcement officers and fire personnel by monitoring their activities by radio providing them with information and insuring their safety; and WHEREAS, the Public Safety Dispatchers of the Lake County Sheriff's Office have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients, exhibiting compassion, understanding and professionalism during the performance of their job. NOW, THERFORE, BE IT PROCLAIMED that the Lake County Board of Supervisors does, hereby designate the week of April 12-18, 2020 as National Public Safety Dispatchers Week in Lake County and encourages all citizens to join in recognizing the commitment of public safety dispatchers in our communities to preserve the safety of us all. 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:
5.11Approve First Amendment to the Contract Between County of Lake and Lake Family Resource Center for Cal-Learn Teen Parenting Services in the Amount of $50,000 for the Term of July 1, 2019 to June 30, 2020 and Authorize the Chair to Sign. Agreement passed on consent
Staff memo

Date: April 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Crystal Markytan, Director · Subject: Approve First Amendment to the Contract between County of Lake and Lake Family Resource Center for Cal-Learn Teen Parenting Services in the amount of $50,000 for the term of July 1, 2019 to June 30, 2020 and authorize the Chair to sign.

Executive Summary

On June 25, 2019, your Board approved the contract between Lake County Department of Social Services (LCDSS) and Lake Family Resource Center (LFRC) for the Cal-Learn program funded by the California Department of Social Services. LCDSS received an increase in the Cal-Learn allocation for the term of July 1, 2019 to June 30, 2020. This amendment is necessary to adjust the current contract to reflect the increase in funding. The Contract is being increased by $11,101 for a total not to exceed amount of $50,000. LFRC provides services to help meet the overall goal that teen parents will graduate from high school or an equivalent with skills and knowledge to move toward self-sufficiency, including demonstrating nurturing parenting, a healthy lifestyle, and family stability. As of the third Quarter of fiscal year 2019-2020, the Cal-Learn program has served a total of twelve clients, averaging five clients per month.

Recommended Action

Approve First Amendment to the Contract between County of Lake and Lake Family Resource Center for Cal-Learn Teen Parenting Services in the amount of $50,000 for the term of July 1, 2019 to June 30, 2020, and authorize the Chair to sign.

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

Original memo text
Memorandum Date: April 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Crystal Markytan, Director Subject: Approve First Amendment to the Contract between County of Lake and Lake Family Resource Center for Cal-Learn Teen Parenting Services in the amount of $50,000 for the term of July 1, 2019 to June 30, 2020 and authorize the Chair to sign. Executive Summary: On June 25, 2019, your Board approved the contract between Lake County Department of Social Services (LCDSS) and Lake Family Resource Center (LFRC) for the Cal-Learn program funded by the California Department of Social Services. LCDSS received an increase in the Cal-Learn allocation for the term of July 1, 2019 to June 30, 2020. This amendment is necessary to adjust the current contract to reflect the increase in funding. The Contract is being increased by $11,101 for a total not to exceed amount of $50,000. LFRC provides services to help meet the overall goal that teen parents will graduate from high school or an equivalent with skills and knowledge to move toward self-sufficiency, including demonstrating nurturing parenting, a healthy lifestyle, and family stability. As of the third Quarter of fiscal year 2019-2020, the Cal-Learn program has served a total of twelve clients, averaging five clients per month. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Approve First Amendment to the Contract between County of Lake and Lake Family Resource Center for Cal-Learn Teen Parenting Services in the amount of $50,000 for the term of July 1, 2019 to June 30, 2020, and authorize the Chair to sign.
5.12Adopt Resolution Approving the Standard Agreement #19-5042 between the County of Lake and California Department of Social Services for Resource Family Approval Program Services and Authorizing the Director of Social Services to Sign the Standard Agreement Agreement passed on consent Motion carried
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: April 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Crystal Markytan, Social Services Director · Subject: Adopt Resolution Approving the Standard Agreement #19-5042 between the County of Lake and California Department of Social Services for Resource Family Approval Program Services and Authorizing the Director of Social Services to Sign the Standard Agreement

Executive Summary

Through the Standard Agreement, California Department of Social Services (CDSS) provides family evaluations for the Lake County Department of Social Services (LCDSS) Resource Family Approval (RFA) Program. The services provided by CDSS are essential to the functionality and success of the RFA Program. The Program helps to provide more placement opportunities for foster children and reduces the likelihood they are placed in a group home. The family evaluations include interviews of applicants to assess their personal history, family dynamic, and a need for support or resources, and a risk assessment. Due to recent Federal mandates all foster homes must be approved as Resource Homes. Having additional Resource Homes in Lake County allows more dependent youth to be placed in the county. This has additional benefits for Lake County families, as school, social, and family connections within the community can be maintained. CDSS provided eleven (11) family evaluations for LCDSS in fiscal year 2018-2019. During the first half of fiscal year 2019-2020, CDSS completed an additional eleven (11) family evaluations. The cost for fiscal year 2019-2020 shall not exceed $24,417, and the cost for fiscal year 2020-2021 shall not exceed $37,584, for a total not to exceed amount of $62,001 for the length of the Agreement. Unfortunately, this Agreement is coming to your Board late as LCDSS did not receive the Agreement from CDSS until February 20, 2020.

Recommended Action

Adopt Resolution Approving the Standard Agreement #19-5042 between the County of Lake and California Department of Social Services for Resource Family Approval Program Services and Authorizing the Director of Social Services to Sign the Standard Agreement.

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

Strategic priorities: Well-being of Residents

Original memo text
Memorandum Date: April 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Crystal Markytan, Social Services Director Subject: Adopt Resolution Approving the Standard Agreement #19-5042 between the County of Lake and California Department of Social Services for Resource Family Approval Program Services and Authorizing the Director of Social Services to Sign the Standard Agreement Executive Summary: Through the Standard Agreement, California Department of Social Services (CDSS) provides family evaluations for the Lake County Department of Social Services (LCDSS) Resource Family Approval (RFA) Program. The services provided by CDSS are essential to the functionality and success of the RFA Program. The Program helps to provide more placement opportunities for foster children and reduces the likelihood they are placed in a group home. The family evaluations include interviews of applicants to assess their personal history, family dynamic, and a need for support or resources, and a risk assessment. Due to recent Federal mandates all foster homes must be approved as Resource Homes. Having additional Resource Homes in Lake County allows more dependent youth to be placed in the county. This has additional benefits for Lake County families, as school, social, and family connections within the community can be maintained. CDSS provided eleven (11) family evaluations for LCDSS in fiscal year 2018-2019. During the first half of fiscal year 2019-2020, CDSS completed an additional eleven (11) family evaluations. The cost for fiscal year 2019-2020 shall not exceed $24,417, and the cost for fiscal year 2020-2021 shall not exceed $37,584, for a total not to exceed amount of $62,001 for the length of the Agreement. Unfortunately, this Agreement is coming to your Board late as LCDSS did not receive the Agreement from CDSS until February 20, 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: Adopt Resolution Approving the Standard Agreement #19-5042 between the County of Lake and California Department of Social Services for Resource Family Approval Program Services and Authorizing the Director of Social Services to Sign the Standard Agreement.
On motion of Supervisor Sabatier, and by vote of the Board, approved consent agenda items 5.1 through 5.12 with the exception of items 5.1, 5.6, and 5.8 which were pulled for further discussion. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon

6. Timed Items

6.19:05 A.M. - Public Input
Clerk’s notes: There was no public input.
6.29:06 A.M. - (a) Presentation of Proclamation Designating the Month of April 2020 as Sexual Assault Awareness Month in Lake County; and (b) Presentation of Proclamation Designating the Week of April 12-18, 2020 as National Public Safety Dispatcher Week Proclamation
no itemized roll call in the official record
(a) This Ceremonial Item was read into the record and presented. (b) This Ceremonial Item was read into the record and presented.
Clerk’s notes: (a) County Administrative Officer Carol Huchingson read the proclamation into the record and presented it to Gina Pilat from the Lake Family Resource Center. Gina Pilat spoke. (b) Sheriff Brian Martin read the proclamation into the record and presented it. Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.39:10 A.M. - Consideration of Update on COVID-19 Presentation
Staff memo

Date: April 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Dr. Gary Pace, Public Health Officer · Subject: Consideration of Update on COVID-19

Executive Summary

(include fiscal and staffing impact narrative): I am requesting an opportunity to provide your Board with a brief update on COVID-19.

Recommended Action

Report Only

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

Strategic priorities: Well-being of Residents

Original memo text
Memorandum Date: April 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Dr. Gary Pace, Public Health Officer Subject: Consideration of Update on COVID-19 Executive Summary: (include fiscal and staffing impact narrative): I am requesting an opportunity to provide your Board with a brief update on COVID-19. 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: Report Only
Clerk’s notes: Public Health Officer Dr. Gary Pace presented the item to the Board. County Counsel Anita Grant, Sheriff Brian Martin, and County Administrative Officer Carol Huchingson spoke. Chair Simon asked if anyone present wished to speak and the emails received via public comments were read by County Administrative Officer Carol Huchingson from the following people: Joanna McKinley, and Donna Mackawitz. The following person spoke via Zoom: Mellissa Fulton. No one else wished to speak and the public input portion of this item was closed.
6.49:30 A.M. - PUBLIC HEARING - THIS ITEM WILL BE CONTINUED TO MAY 19, 2020 - (Continued from March 24, 2020) Appeal to Board of Supervisors, AB 19-03 for Minor Use Permit MUP 18-10 (Sandtner/Frey) Public Hearing
no itemized roll call in the official record
Staff memo

Date: April 14, 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 19-03 for Minor Use Permit MUP 18-10 (Sandtner/Frey Appeal)

Exhibits: A - AB 19-03 Appeal Packet B - Planning Commission Staff Report and Attachments (May 13, 2019) C - Planning Commission Minutes (May 23, 2019) D - CalFire Email String from Battalion Chief Mike Wink (November 10, 2019) E - Public Resource Code 4290 and 4291 Report F - Conditions of Approval G - Site Plans H - Correspondence with Appellant's Attorney

Executive Summary

(include fiscal and staffing impact narrative): The appellant, Brenda Frey represented by attorney Andre Ross, is appealing the Planning Commission's May 23, 2019 decision to adopt a Mitigated Negative Declaration (IS 18-28) and approve a Minor Use Permit (MUP 18-10) for the applicant Stephan Sandtner and the property owner Jason Oram. If approved, the use permit would allow an A-Type 2B (mixed light) commercial cannabis cultivation site within (3) 30' x 96' greenhouses, representing a total cultivation area of 8,640 square feet at 16983 Hofacker Lane, Lower Lake; APN number 012-056-44. Proposed water source is a 150,000 gallon rainwater catchment system consisting of (10) 15,000 gallon tanks. During the hearing, the Planning Commission took testimony, deliberated, then voted 3-0 (2 absentees) to approve Minor Use Permit (MUP 18-10) with changes to the condition of approval regarding water source to limit the applicant to a rainwater catchment system only for irrigation purposes. The reference to CalFire letter within the Planning Commission staff report was erroneous. At the time that MUP 18-10 was submitted, CalFire was conducting site visits to assure compliance with Public Resource Codes 4290 and 4291. Staff received a 12 page checklist from the CalFire representative that contained no recommendation, but did contain standards that applied to the private lane (Hofacker Lane). Following the Planning Commission's decision and this subsequent appeal, Mike Wink (CalFire Chief) submitted an email dated November 10, 2019 that indicated CalFire would not support a commercial cultivation project on Hofacker Lane because the lane did not meet CalFire 4290 and 4291 standards for width, overhead clearance and slope. The applicant will be required to improve Hofacker Lane as a condition of approval. That is one of the options available to the Board of Supervisors for consideration. Should the Board deny the appeal and approve the use permit, an additional condition of approval will be required to address PRC 4290 and 4291 compliance for Hofacker Lane. Points of the Appeal. The appellant has raised three points of concern within his appeal as noted below. Item 4 was initiated by staff following the Planning Commission's hearing. Appeal Item: 1. Original Condition No. H1 - poorly worded, confusing. 2. Property Owner's approval in question. 3. Homeowner's Association should be included in the process. Sandtner Site Plan Appeal Discussion Point 1 - Water. Condition No. H-1: (paraphrased) - the appellant stated that the Planning Commission added the word 'primary' to the proposed rainwater catchment system as the water source, which would have allowed the applicant to rely on well water 7 times during a 6-month period. Staff's Response: The Planning Commission ultimately amended condition H1 to state that the exclusive use of the rainwater catchment system as the sole irrigation water source for the commercial cannabis cultivation; this is stated in the revised conditions of approval for this action. The Planning Commission agreed that a condition requiring monitoring of the rainwater catchment system is needed, and that the monthly use of all water sources on site needs to be required within the Annual Report required by the conditions of approval. The applicant could have a one-time water delivery imported to his site, however this may occur with written consent by the Community Development Director on an 'emergency only' basis, since this is allowed to any other cultivator in Lake County via written request and written consent. Point 2 - Property Owner's Involvement. The Appellant's representative states: "Owner's Approval. The Staff Report dated May 13, 2019 regarding the Applicant's MUP 18-10 application is based on a potentially erroneous statement material fact with respect to the County of Lake's 'Property Owners Approval' requirement. The Appellant's representative then states: "With respect to the lawful and proper inquiry as to whether or not the Applicant's Project has obtained a valid approval of the Property Owner, the May 13th Staff Report states as follows: 'The applicant is working with the owner of record, Jason Oram, who is also co-applicant on this proposal.'" Staff's Response: The Property Owner of Record, Jason Oram, was the lead project proponent that addressed the Planning Commission during the Applicant's portion of the deliberation. Mr. Oram has passed a background check, has signed the application as 'owner', and has stated his support for the project, evidenced by the video testimony of the proceedings. The Property Owner has communicated with staff on multiple occasions during the use permit review process to advocate for the project and has served as a primary point of staff contact. Point 3 - The Homeowner's Association should be involved as Owner. The Pomo Lake Subdivision has a Homeowner's Association (HOA). The appellant appears to state that approval of the Homeowner's Association is germane to the outcome of the Planning Commission's procedural review. During the hearing, the appellant's attorney stated that the County had no jurisdiction over Covenants, Codes and Restrictions (CCR) enforcement; this position was confirmed by the Community Development Director, but had no relevance to the Property Owner's consent on this action, or on the Planning Commission's ability to approve a land use permit at the subject site. Staff's Response: The County is neutral regarding CCRs that either allow or prohibit certain uses from occurring within the HOA boundary. A commercial cannabis use permit can be approved by the County even if an HOA's CCRs prohibit such a use. Commercial Cannabis Applications A commercial cannabis license can be obtained through a major or a minor use permit depending on the type of cannabis cultivation license that is sought. Approval of a commercial cannabis use permit changes the nature of a residential property into a commercial use. Project Description Applicants: 707 Organics/Stephen Sandtner Owner: Jason Oram Location: 16983 Hofacker Lane, Lower Lake A.P.N.: 012-056-44 Parcel Size: 48.46 acres General Plan: Rural Lands Zoning: "RL"; Rural Lands Flood Zone: None Zoning of Subject Site and Vicinity 1. Article 27, subsection (at), Commercial Cannabis Cultivation The following subsections within Article 27 relate to water usage: (d) Minor and Major Use Permits for Commercial cannabis cultivation (5) Responses to the following performance standards questions: (iv) Does the applicant have a legal, on-site source of water? (v) Does the applicant agree to monitor water use and share the data with the County? (vi) Does the applicant agree to make water source available to Cal Fire for firefighting? (8) A complete list of every owner of the applicant entity. Each individual owner shall submit the following information: (xv) Identification of all water sources used for cultivation activities and the estimated volume of water used on a monthly basis. Response: The Applicant has agreed to have the rainwater catchment system be used as the sole water source for irrigation. Condition of approval number H1 has been modified to require this. The State Water Quality Control Board was contacted by staff in February 2019, and they are fully supportive of a rainwater catchment system being used as an irrigation method for this purpose. The applicant has agreed to all of the applicable terms within Article 27, subsection (at) that pertain to water and storm water management, since this project would capture rainwater and store it in ten 15,000 gallon water storage tanks on site. 2. Article 50.4, Minor Use Permits, 'Findings Required for Approval' The Review Authority may only approve or conditionally approve a Minor 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 Planning Commission found that this application met this subsection. 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 Planning Commission found that the subject site is 45.65 acres in size, large enough to accommodate this proposed 8,240 s.f. cannabis cultivation area (excluding the 1,200 s.f. drying room). 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. Response: The site would take access from Hofacker Lane, a private gated unpaved road. At the time of original application submittal, CalFire was the responsible agency for determining whether the ingress - egress was sufficient or needed to be upgraded. On May 2, 2018, CalFire Battalion Chief Chris Vallerga provided staff with Public Resource Code (PRC) 4290 and 4291 for private road and driveway standards, however no recommendations were given by CalFire regarding the proposal. Staff mis-interpreted the CalFire response and recommended approval of the cannabis license with no required improvements to Hofacker Lane. A condition of approval (Condition No. J.7) was included that incorrectly cited a positive recommendation from CalFire that did not occur. Ultimately the Planning Commission approved this commercial cannabis permit on May 23, 2019. On June 13, 2019 following the Planning Commission's decision, William Sapeta, Fire Chief, Lake County Fire Protection District, sent an email to Mike Wink, Battalion Chief, CalFire (as well as to other contacts), stating that he had received a complaint regarding the use of Hofacker Lane for access to the Sandtner/Oram cannabis site, but that the jurisdiction belonged to the South County Fire Protection District (CalFire). On Sunday, October 13, 2019, CalFire's Battalion Chief Mike Wink emailed Jack Smalley, Interim Fire Marshal, stating that "... when you leave Hofacker Road, the access roads/driveways meet no standards for a driveway, one way road or a road... (t)he South Lake County Fire Protection District does not support the issuance of any ... Use Permits that do not apply State Law minimums for Fire Safe Regulations." In order for the Applicant to use the site for a commercial cannabis activity, Hofacker Lane would need to be improved in a manner that it would meet PRC 4290 road standards; or, the County would have to waive 4290/4291 requirements. Since structures are involved, staff is unable to recommend that the County waive these standards. If the applicant were given the opportunity to improve Hofacker Lane in a manner that makes it compliant with PRC 4290; this would mean that the gate, road width, road grade, overhead clearance and road surface material would need to comply. It would require a Grading Permit and a new CEQA review (Initial Study) due to the amount of earth that would need to be moved. The applicant would need to provide engineered drawings that would need to be reviewed by the Building Official before the Grading Permit could be considered. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. Response: The Planning Commission found that the site has adequate services for the cannabis cultivation use. The issue of the inadequacy of Hofacker Lane however (previous finding) needs to be addressed in a new condition of approval. 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: The Planning Commission made the finding that this project was in compliance with the Lake County General Plan, Lower Lake Area Plan, and Lake County Zoning Ordinance. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. Response: The Community Development Department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code. 3. Article 27, Section (au)7.i; 'Findings Required for Approval': 1. The proposed use complies with all development standards described in Section 1.i. This report identifies the development standards that apply to cannabis cultivation in Lake County. The applicant is fully compliant with most of the development standards, and can be made to comply through conditions of approval of the development standards that are not yet met, primarily improving Hofacker Lane in a manner that allows it to comply with Public Resource Codes 4290 and 4291. 2. The applicant is qualified to make the application described in Section 1.ii.(g). The owner (Oram) and the applicant (Sandtner) have passed a Live Scan background check, and are both qualified to undertake a commercial cannabis cultivation activity subject to approval of this use permit. 3. The application complies with the qualifications for a permit described in Section 1.ii.(i) This application complies with all qualifications for a permit described in Section 1.ii.(f). The applicant is proposing an A-Type 2B (mixed light) commercial cannabis cultivation site within three 30' x 96' greenhouses, representing a total cultivation area of 8,640 s.f. at 16983 Hofacker Lane, Lower Lake; APN number 012-056-44. Proposed water source is a 150,000 gallon rainwater catchment system consisting of (10) 15,000 gallon tanks. The applicant also qualifies for the Type 13 'Self Distribution' license which should be added to this decision (if it is approved) now that it is an available option. APPEAL SUBMITTAL. The appellant submitted an application for Appeal to the Board, along with the required fee and 'Exhibit A'. Not applicable

Recommended Action

Deny appeal number AB 19-03; uphold the Planning Commission's decision to adopt the Mitigated Negative Declaration (IS 18-16) and approve the minor use permit (MUP 18-10). Sample motion: Appeal Denial I move that the Board of Supervisors make an intended decision to deny the Appeal AB 19-03 and uphold the Planning Commission's decision to adopt Initial Study IS 18-16 and approve Minor Use Permit MUP 18-10 with the new condition as specified below, applied for by Stephan Sandtner for property located at 16983 Hofacker Lane, Lower Lake, known as APN 012-056-44, and direct County Counsel to prepare findings of fact. Proposed New Condition: This Use Permit approval shall not become effective, operative, vested or final until the proposed access meets California Code of Regulations (CCR) Title 14, Chapter 7, Subsection 1273.01 prior to cultivation activities occurring on the site. The road improvement standards to Hofacker Lane shall be as follows: Width. Prior to the start of cultivation, Hofacker Lane shall be constructed to provide a minimum of two ten (10) foot traffic lanes, not including shoulder. These traffic lanes shall provide for two-way traffic flow to support emergency vehicle and civilian egress. Vertical clearances shall conform to the requirements in California Vehicle Code section 35250. Surface material shall include an all-weather surface that is capable of supporting a 75,000 pound vehicle. Following road improvement completion, the applicant shall schedule an inspection with the Building Official for Lake County prior to cultivation.

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

Original memo text
Memorandum Date: April 14, 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 19-03 for Minor Use Permit MUP 18-10 (Sandtner/Frey Appeal) Exhibits: A - AB 19-03 Appeal Packet B - Planning Commission Staff Report and Attachments (May 13, 2019) C - Planning Commission Minutes (May 23, 2019) D - CalFire Email String from Battalion Chief Mike Wink (November 10, 2019) E - Public Resource Code 4290 and 4291 Report F - Conditions of Approval G - Site Plans H - Correspondence with Appellant's Attorney Executive Summary: (include fiscal and staffing impact narrative): The appellant, Brenda Frey represented by attorney Andre Ross, is appealing the Planning Commission's May 23, 2019 decision to adopt a Mitigated Negative Declaration (IS 18-28) and approve a Minor Use Permit (MUP 18-10) for the applicant Stephan Sandtner and the property owner Jason Oram. If approved, the use permit would allow an A-Type 2B (mixed light) commercial cannabis cultivation site within (3) 30' x 96' greenhouses, representing a total cultivation area of 8,640 square feet at 16983 Hofacker Lane, Lower Lake; APN number 012-056-44. Proposed water source is a 150,000 gallon rainwater catchment system consisting of (10) 15,000 gallon tanks. During the hearing, the Planning Commission took testimony, deliberated, then voted 3-0 (2 absentees) to approve Minor Use Permit (MUP 18-10) with changes to the condition of approval regarding water source to limit the applicant to a rainwater catchment system only for irrigation purposes. The reference to CalFire letter within the Planning Commission staff report was erroneous. At the time that MUP 18-10 was submitted, CalFire was conducting site visits to assure compliance with Public Resource Codes 4290 and 4291. Staff received a 12 page checklist from the CalFire representative that contained no recommendation, but did contain standards that applied to the private lane (Hofacker Lane). Following the Planning Commission's decision and this subsequent appeal, Mike Wink (CalFire Chief) submitted an email dated November 10, 2019 that indicated CalFire would not support a commercial cultivation project on Hofacker Lane because the lane did not meet CalFire 4290 and 4291 standards for width, overhead clearance and slope. The applicant will be required to improve Hofacker Lane as a condition of approval. That is one of the options available to the Board of Supervisors for consideration. Should the Board deny the appeal and approve the use permit, an additional condition of approval will be required to address PRC 4290 and 4291 compliance for Hofacker Lane. Points of the Appeal. The appellant has raised three points of concern within his appeal as noted below. Item 4 was initiated by staff following the Planning Commission's hearing. Appeal Item: 1. Original Condition No. H1 - poorly worded, confusing. 2. Property Owner's approval in question. 3. Homeowner's Association should be included in the process. Sandtner Site Plan Appeal Discussion Point 1 - Water. Condition No. H-1: (paraphrased) - the appellant stated that the Planning Commission added the word 'primary' to the proposed rainwater catchment system as the water source, which would have allowed the applicant to rely on well water 7 times during a 6-month period. Staff's Response: The Planning Commission ultimately amended condition H1 to state that the exclusive use of the rainwater catchment system as the sole irrigation water source for the commercial cannabis cultivation; this is stated in the revised conditions of approval for this action. The Planning Commission agreed that a condition requiring monitoring of the rainwater catchment system is needed, and that the monthly use of all water sources on site needs to be required within the Annual Report required by the conditions of approval. The applicant could have a one-time water delivery imported to his site, however this may occur with written consent by the Community Development Director on an 'emergency only' basis, since this is allowed to any other cultivator in Lake County via written request and written consent. Point 2 - Property Owner's Involvement. The Appellant's representative states: "Owner's Approval. The Staff Report dated May 13, 2019 regarding the Applicant's MUP 18-10 application is based on a potentially erroneous statement material fact with respect to the County of Lake's 'Property Owners Approval' requirement. The Appellant's representative then states: "With respect to the lawful and proper inquiry as to whether or not the Applicant's Project has obtained a valid approval of the Property Owner, the May 13th Staff Report states as follows: 'The applicant is working with the owner of record, Jason Oram, who is also co-applicant on this proposal.'" Staff's Response: The Property Owner of Record, Jason Oram, was the lead project proponent that addressed the Planning Commission during the Applicant's portion of the deliberation. Mr. Oram has passed a background check, has signed the application as 'owner', and has stated his support for the project, evidenced by the video testimony of the proceedings. The Property Owner has communicated with staff on multiple occasions during the use permit review process to advocate for the project and has served as a primary point of staff contact. Point 3 - The Homeowner's Association should be involved as Owner. The Pomo Lake Subdivision has a Homeowner's Association (HOA). The appellant appears to state that approval of the Homeowner's Association is germane to the outcome of the Planning Commission's procedural review. During the hearing, the appellant's attorney stated that the County had no jurisdiction over Covenants, Codes and Restrictions (CCR) enforcement; this position was confirmed by the Community Development Director, but had no relevance to the Property Owner's consent on this action, or on the Planning Commission's ability to approve a land use permit at the subject site. Staff's Response: The County is neutral regarding CCRs that either allow or prohibit certain uses from occurring within the HOA boundary. A commercial cannabis use permit can be approved by the County even if an HOA's CCRs prohibit such a use. Commercial Cannabis Applications A commercial cannabis license can be obtained through a major or a minor use permit depending on the type of cannabis cultivation license that is sought. Approval of a commercial cannabis use permit changes the nature of a residential property into a commercial use. Project Description Applicants: 707 Organics/Stephen Sandtner Owner: Jason Oram Location: 16983 Hofacker Lane, Lower Lake A.P.N.: 012-056-44 Parcel Size: 48.46 acres General Plan: Rural Lands Zoning: "RL"; Rural Lands Flood Zone: None Zoning of Subject Site and Vicinity 1. Article 27, subsection (at), Commercial Cannabis Cultivation The following subsections within Article 27 relate to water usage: (d) Minor and Major Use Permits for Commercial cannabis cultivation (5) Responses to the following performance standards questions: (iv) Does the applicant have a legal, on-site source of water? (v) Does the applicant agree to monitor water use and share the data with the County? (vi) Does the applicant agree to make water source available to Cal Fire for firefighting? (8) A complete list of every owner of the applicant entity. Each individual owner shall submit the following information: (xv) Identification of all water sources used for cultivation activities and the estimated volume of water used on a monthly basis. Response: The Applicant has agreed to have the rainwater catchment system be used as the sole water source for irrigation. Condition of approval number H1 has been modified to require this. The State Water Quality Control Board was contacted by staff in February 2019, and they are fully supportive of a rainwater catchment system being used as an irrigation method for this purpose. The applicant has agreed to all of the applicable terms within Article 27, subsection (at) that pertain to water and storm water management, since this project would capture rainwater and store it in ten 15,000 gallon water storage tanks on site. 2. Article 50.4, Minor Use Permits, 'Findings Required for Approval' The Review Authority may only approve or conditionally approve a Minor 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 Planning Commission found that this application met this subsection. 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 Planning Commission found that the subject site is 45.65 acres in size, large enough to accommodate this proposed 8,240 s.f. cannabis cultivation area (excluding the 1,200 s.f. drying room). 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. Response: The site would take access from Hofacker Lane, a private gated unpaved road. At the time of original application submittal, CalFire was the responsible agency for determining whether the ingress - egress was sufficient or needed to be upgraded. On May 2, 2018, CalFire Battalion Chief Chris Vallerga provided staff with Public Resource Code (PRC) 4290 and 4291 for private road and driveway standards, however no recommendations were given by CalFire regarding the proposal. Staff mis-interpreted the CalFire response and recommended approval of the cannabis license with no required improvements to Hofacker Lane. A condition of approval (Condition No. J.7) was included that incorrectly cited a positive recommendation from CalFire that did not occur. Ultimately the Planning Commission approved this commercial cannabis permit on May 23, 2019. On June 13, 2019 following the Planning Commission's decision, William Sapeta, Fire Chief, Lake County Fire Protection District, sent an email to Mike Wink, Battalion Chief, CalFire (as well as to other contacts), stating that he had received a complaint regarding the use of Hofacker Lane for access to the Sandtner/Oram cannabis site, but that the jurisdiction belonged to the South County Fire Protection District (CalFire). On Sunday, October 13, 2019, CalFire's Battalion Chief Mike Wink emailed Jack Smalley, Interim Fire Marshal, stating that "... when you leave Hofacker Road, the access roads/driveways meet no standards for a driveway, one way road or a road... (t)he South Lake County Fire Protection District does not support the issuance of any ... Use Permits that do not apply State Law minimums for Fire Safe Regulations." In order for the Applicant to use the site for a commercial cannabis activity, Hofacker Lane would need to be improved in a manner that it would meet PRC 4290 road standards; or, the County would have to waive 4290/4291 requirements. Since structures are involved, staff is unable to recommend that the County waive these standards. If the applicant were given the opportunity to improve Hofacker Lane in a manner that makes it compliant with PRC 4290; this would mean that the gate, road width, road grade, overhead clearance and road surface material would need to comply. It would require a Grading Permit and a new CEQA review (Initial Study) due to the amount of earth that would need to be moved. The applicant would need to provide engineered drawings that would need to be reviewed by the Building Official before the Grading Permit could be considered. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. Response: The Planning Commission found that the site has adequate services for the cannabis cultivation use. The issue of the inadequacy of Hofacker Lane however (previous finding) needs to be addressed in a new condition of approval. 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: The Planning Commission made the finding that this project was in compliance with the Lake County General Plan, Lower Lake Area Plan, and Lake County Zoning Ordinance. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. Response: The Community Development Department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code. 3. Article 27, Section (au)7.i; 'Findings Required for Approval': 1. The proposed use complies with all development standards described in Section 1.i. This report identifies the development standards that apply to cannabis cultivation in Lake County. The applicant is fully compliant with most of the development standards, and can be made to comply through conditions of approval of the development standards that are not yet met, primarily improving Hofacker Lane in a manner that allows it to comply with Public Resource Codes 4290 and 4291. 2. The applicant is qualified to make the application described in Section 1.ii.(g). The owner (Oram) and the applicant (Sandtner) have passed a Live Scan background check, and are both qualified to undertake a commercial cannabis cultivation activity subject to approval of this use permit. 3. The application complies with the qualifications for a permit described in Section 1.ii.(i) This application complies with all qualifications for a permit described in Section 1.ii.(f). The applicant is proposing an A-Type 2B (mixed light) commercial cannabis cultivation site within three 30' x 96' greenhouses, representing a total cultivation area of 8,640 s.f. at 16983 Hofacker Lane, Lower Lake; APN number 012-056-44. Proposed water source is a 150,000 gallon rainwater catchment system consisting of (10) 15,000 gallon tanks. The applicant also qualifies for the Type 13 'Self Distribution' license which should be added to this decision (if it is approved) now that it is an available option. APPEAL SUBMITTAL. The appellant submitted an application for Appeal to the Board, along with the required fee and 'Exhibit A'. 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 appeal number AB 19-03; uphold the Planning Commission's decision to adopt the Mitigated Negative Declaration (IS 18-16) and approve the minor use permit (MUP 18-10). Sample motion: Appeal Denial I move that the Board of Supervisors make an intended decision to deny the Appeal AB 19-03 and uphold the Planning Commission's decision to adopt Initial Study IS 18-16 and approve Minor Use Permit MUP 18-10 with the new condition as specified below, applied for by Stephan Sandtner for property located at 16983 Hofacker Lane, Lower Lake, known as APN 012-056-44, and direct County Counsel to prepare findings of fact. Proposed New Condition: This Use Permit approval shall not become effective, operative, vested or final until the proposed access meets California Code of Regulations (CCR) Title 14, Chapter 7, Subsection 1273.01 prior to cultivation activities occurring on the site. The road improvement standards to Hofacker Lane shall be as follows: Width. Prior to the start of cultivation, Hofacker Lane shall be constructed to provide a minimum of two ten (10) foot traffic lanes, not including shoulder. These traffic lanes shall provide for two-way traffic flow to support emergency vehicle and civilian egress. Vertical clearances shall conform to the requirements in California Vehicle Code section 35250. Surface material shall include an all-weather surface that is capable of supporting a 75,000 pound vehicle. Following road improvement completion, the applicant shall schedule an inspection with the Building Official for Lake County prior to cultivation.
This item was continued to the May 19, 2020 Board of Supervisors meeting.
Clerk’s notes: Interim Community Development Director Scott De Leon presented the item to the Board. County Administrative Officer Carol Huchingson and County Counsel Anita Grant spoke. Chair Simon asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.

7. Non-Timed Items

7.1Supervisors’ weekly calendar, travel and reports
7.2Consideration of Letter to SBA in Support of the Needs of Local Tribes due to the COVID-19 Crisis Letter approved — Pass
Carried 3-0 — moved by Brown
Brown: aye Crandell: abstain Sabatier: aye Scott: aye Simon: abstain
Staff memo

Date: April 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Rob Brown, District 5 Supervisor · Subject: Consideration of Letter to SBA in support of the needs of local tribes due to the COVID-19 crisis

Executive Summary

(include fiscal and staffing impact narrative): In light of the COVID-19 crisis, I am requesting our Board discuss and take action on a letter to our Federal representatives, including the U.S. Treasury and the Small Business Administration, in support of our local tribes. As you know, non-tribal businesses qualify for programs such as PPP that assist businesses that have been hit by the impacts of the SIP orders as a result of the COVID-19 crisis. I am asking for our Board's support in sending a letter requesting the same consideration be made to tribal owned businesses. In Lake County alone, hundreds of local jobs and millions of dollars that could be spent locally, are at stake. These businesses and their employees have been hit equally hard by the State and Federal orders and I feel they should be given the same consideration in applying for any program that might be available to any non-tribal business or employee.

Recommended Action

Approve letter, for signature by each of our District Supervisors.

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

Strategic priorities: Well-being of Residents Economic Development Disaster Recovery County Workforce Community Collaboration

Original memo text
Memorandum Date: April 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Rob Brown, District 5 Supervisor Subject: Consideration of Letter to SBA in support of the needs of local tribes due to the COVID-19 crisis Executive Summary: (include fiscal and staffing impact narrative): In light of the COVID-19 crisis, I am requesting our Board discuss and take action on a letter to our Federal representatives, including the U.S. Treasury and the Small Business Administration, in support of our local tribes. As you know, non-tribal businesses qualify for programs such as PPP that assist businesses that have been hit by the impacts of the SIP orders as a result of the COVID-19 crisis. I am asking for our Board's support in sending a letter requesting the same consideration be made to tribal owned businesses. In Lake County alone, hundreds of local jobs and millions of dollars that could be spent locally, are at stake. These businesses and their employees have been hit equally hard by the State and Federal orders and I feel they should be given the same consideration in applying for any program that might be available to any non-tribal business or employee. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☒ Economic Development ☒ Disaster Recovery ☒ County Workforce ☐ Revenue Generation ☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Approve letter, for signature by each of our District Supervisors.
On motion of Supervisor Brown, and by vote of the Board, approved Letter to SBA in Support of the Needs of Local Tribes due to the COVID-19 Crisis. The motion carried by the following vote: Ayes- Supervisors: 3 - Sabatier, Scott, and Brown Recused- Supervisors: 2 - Crandell and Simon
Clerk’s notes: Supervisor Brown presented the item to the Board. County Administrative Officer Carol Huchingson spoke. Chair Sabatier 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 Proposed Findings of Fact and Decision in the Appeal of Lake County Local (AB -19-07) Action Item Motion carried · 2 motions
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 5-0 — moved by Sabatier
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: April 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Anita L. Grant, County Counsel · Subject: Consideration of Proposed Findings of Fact and Decision in the Appeal of Lake County Local (AB -19-07)

Executive Summary

(include fiscal and staffing impact narrative): Pursuant to your Board's Statement of Intended Decision in the above matter on March 3, 2020, I have prepared the attached Findings of Fact to support your Board's intended decision. If the Findings of Fact are acceptable to you, I would recommend that you take the following two actions: 1. Move to approve the Findings of Fact and authorize the Chair to Sign; and 2. Move to deny the appeal. Not applicable

Recommended Action

If the Findings of Fact are acceptable to you, I would recommend that you take the following two actions: 1. Move to approve the Findings of Fact and authorize the Chair to Sign; and 2. Move to deny the appeal.

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

Original memo text
Memorandum Date: April 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Anita L. Grant, County Counsel Subject: Consideration of Proposed Findings of Fact and Decision in the Appeal of Lake County Local (AB -19-07) Executive Summary: (include fiscal and staffing impact narrative): Pursuant to your Board's Statement of Intended Decision in the above matter on March 3, 2020, I have prepared the attached Findings of Fact to support your Board's intended decision. If the Findings of Fact are acceptable to you, I would recommend that you take the following two actions: 1. Move to approve the Findings of Fact and authorize the Chair to Sign; and 2. Move to deny the appeal. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☒ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: If the Findings of Fact are acceptable to you, I would recommend that you take the following two actions: 1. Move to approve the Findings of Fact and authorize the Chair to Sign; and 2. Move to deny the appeal.
(a) On motion of Supervisor Sabatier, and by vote of the Board, approved Proposed Findings of Fact and Decision in the Appeal of Lake County Local (AB -19-07) and authorized the Chair to sign. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon (b) On motion of Supervisor Sabatier, and by vote of the Board, denied the appeal. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: County Counsel Anita Grant 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.
7.4Consideration of an Urgency Ordinance Establishing a Temporary Exception to Certain Nuisance Abatement Notice Requirements of Chapter 13 of the Lake County Code Ordinance
no itemized roll call in the official record
Staff memo

Date: April 14, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Anita L. Grant, County Counsel · Subject: Consideration of an Urgency Ordinance Establishing a Temporary Exception to Certain Nuisance Abatement Notice Requirements of Chapter 13 of the Lake County Code

Executive Summary

(include fiscal and staffing impact narrative): Consequent to your Board's discussion and direction at the April 7, 2020 Board of Supervisors meeting, attached here is a draft Urgency Ordinance Establishing a Temporary Exception to Certain Nuisance Abatement Notice Requirements of Chapter 13 of the Lake County Code. As an urgency ordinance, it may be adopted today upon a 4/5 vote of your Board. Thank you.

Recommended Action

Adopt, by 4/5 vote, an Urgency Ordinance Establishing a Temporary Exception to Certain Nuisance Abatement Notice Requirements of Chapter 13 of the Lake County Code.

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

Strategic priorities: Well-being of Residents Public Safety

Original memo text
Memorandum Date: April 14, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Anita L. Grant, County Counsel Subject: Consideration of an Urgency Ordinance Establishing a Temporary Exception to Certain Nuisance Abatement Notice Requirements of Chapter 13 of the Lake County Code Executive Summary: (include fiscal and staffing impact narrative): Consequent to your Board's discussion and direction at the April 7, 2020 Board of Supervisors meeting, attached here is a draft Urgency Ordinance Establishing a Temporary Exception to Certain Nuisance Abatement Notice Requirements of Chapter 13 of the Lake County Code. As an urgency ordinance, it may be adopted today upon a 4/5 vote of your Board. Thank you. 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, by 4/5 vote, an Urgency Ordinance Establishing a Temporary Exception to Certain Nuisance Abatement Notice Requirements of Chapter 13 of the Lake County Code.
On motion of Supervisor Brown, and by vote of the Board, waived the reading of the ordinance and to have the ordinance read in title only. The motion carried by the following: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon Supervisor Brown offered the resolution and it was passed by roll call vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown, and Simon
Clerk’s notes: County Counsel Anita Grant presented the item to the Board. Chair Simon asked if anyone present wished to speak and the email received via public comments was read by County Administrative Officer Carol Huchingson from the following person: Michael Cremer. No one else wished to speak and the public input portion of this item was closed.

8. Closed Session

8.1Conference with Labor Negotiator: (a) Chief Negotiator: M. Long; County Negotiators: C. Huchingson and P. Samac; and (b) Employee Organizations: LCDDAA, LCDSA, LCCOA, LCEA, LCSEA and LCSMA Closed Session Item
8.2Public Employee Evaluations Title: Public Health Officer Closed Session Item
Clerk’s notes: The Board came out of Closed Session at 3:04 p.m. having taken no action.

9. Adjournment