Lake County Meetings — interactive archive

Board Of Supervisors — Tuesday, August 18, 2020

9:00 AM · Board Chambers

Approved minutes (PDF)

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1. Call to Order

2. Moment of Silence

3. Pledge of Allegiance

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

4.1Extra Item: (a) Consideration of “extra” agenda item; and (b) Discussion and Possible Direction to Staff Regarding Use of County Power Generation Assets During the Ongoing Historic Extreme Heat Event Action Item Motion carried · 2 motions
Carried 5-0 — moved by Brown
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Carried 5-0 — moved by Brown
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Rob Brown, District 5 Supervisor · Subject: Extra Item: (a) Consideration of "extra" agenda item; and (b) Discussion and Possible Direction to Staff Regarding Use of County Power Generation Assets During the Ongoing Historic Extreme Heat Event

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) Yesterday, Governor Newsom issued an Executive Order permitting expanded use of generator power in the State of California, to relieve pressure on the grid, statewide, in light of the ongoing historic Extreme Heat Event. The California Office of Emergency Services has encouraged all major facilities to consider running generators during peak times (3-10pm) on Red Flag days. This can help us avoid rolling blackouts that could be very detrimental to vulnerable populations. I am asking that our Board discuss this matter, and consider providing direction to staff.

Recommended Action

(a) Staff requests that your Board take action by motion to accept this item for consideration as an "extra" agenda item; and (b) Discussion and Possible Direction to Staff Regarding Use of County Power Generation Assets During the Ongoing Historic Extreme Heat Event

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 Community Collaboration

Original memo text
Memorandum Date: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Rob Brown, District 5 Supervisor Subject: Extra Item: (a) Consideration of "extra" agenda item; and (b) Discussion and Possible Direction to Staff Regarding Use of County Power Generation Assets During the Ongoing Historic Extreme Heat Event 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) Yesterday, Governor Newsom issued an Executive Order permitting expanded use of generator power in the State of California, to relieve pressure on the grid, statewide, in light of the ongoing historic Extreme Heat Event. The California Office of Emergency Services has encouraged all major facilities to consider running generators during peak times (3-10pm) on Red Flag days. This can help us avoid rolling blackouts that could be very detrimental to vulnerable populations. I am asking that our Board discuss this matter, and consider providing direction to staff. 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 your Board take action by motion to accept this item for consideration as an "extra" agenda item; and (b) Discussion and Possible Direction to Staff Regarding Use of County Power Generation Assets During the Ongoing Historic Extreme Heat Event
(a) On motion of Supervisor Brown, 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 Brown, and by vote of the Board, authorized staff to implement alternative generators in all County facilities as needed during times of Red Flag Warnings and direct County Administration to send a letter to outside entities that are in the position to use alternative generators in possible blackout times. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown and Simon
Clerk’s notes: Supervisor Brown presented the item to the Board. Public Services Director Lars Ewing and Sheriff Brian Martin spoke. Chair Simon asked if anyone present wished to speak and the following people via Zoom: Sally Peterson and Ben Hittle. No one else wished to speak and the public input portion of this item was closed.

5. Approval of the Consent Agenda

5.1Adopt Resolution Approving Amended Agreement No. 18-0288 With The State of California Department of Food and Agricultural For Reimbursement of Commercial Cannabis Cultivation Compliance Inspections for Fiscals Year February 2019 Through June 2021 in the Amount of $7,000 Resolution passed on consent Motion carried
Carried 5-0 (recovered from the archived minutes)
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Steven Hajik Agricultural Commissioner/Sealer of Weights and Measures · Subject: Request for Approval of Amended Agreement No. 18-0288 with the State of California, Department of Food and Agriculture for Reimbursement for Commercial Cannabis Cultivation Compliance Inspections for Fiscal Years February 2019 through June 2021

Executive Summary

I would like to ask your Board to adopt the attached resolution approving an amended agreement with the California Department of Food and Agriculture (CDFA) for commercial cannabis cultivation compliance inspections for February 2019 through June 30, 2021. This inspection program reimburses the County Agricultural Commissioner $400 per inspection to ensure that licensed commercial cannabis growers are complying with state license requirements. The contract maximum is $7,000 so the number of inspections is limited to seventeen. These inspections will be done in association with routine pesticide inspections. The county only notes non- compliances for the CDFA to act on. We can schedule the inspections at our discretion. Please sign two copies of the agreement.

Recommended Action

Request for Approval of Amended Agreement No. 18-0288 with the State of California, Department of Food and Agriculture for Reimbursement for Commercial Cannabis Cultivation Compliance Inspections for Fiscal years February 2019- June 2021
Cost
Amount Budgeted$7,000.00

Strategic priorities: Well-being of Residents Economic Development County Workforce Revenue Generation

Original memo text
Memorandum Date: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Steven Hajik Agricultural Commissioner/Sealer of Weights and Measures Subject: Request for Approval of Amended Agreement No. 18-0288 with the State of California, Department of Food and Agriculture for Reimbursement for Commercial Cannabis Cultivation Compliance Inspections for Fiscal Years February 2019 through June 2021 Executive Summary: I would like to ask your Board to adopt the attached resolution approving an amended agreement with the California Department of Food and Agriculture (CDFA) for commercial cannabis cultivation compliance inspections for February 2019 through June 30, 2021. This inspection program reimburses the County Agricultural Commissioner $400 per inspection to ensure that licensed commercial cannabis growers are complying with state license requirements. The contract maximum is $7,000 so the number of inspections is limited to seventeen. These inspections will be done in association with routine pesticide inspections. The county only notes non- compliances for the CDFA to act on. We can schedule the inspections at our discretion. Please sign two copies of the agreement. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: __$7,000.00____ 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: Request for Approval of Amended Agreement No. 18-0288 with the State of California, Department of Food and Agriculture for Reimbursement for Commercial Cannabis Cultivation Compliance Inspections for Fiscal years February 2019- June 2021
5.2Adopt Resolution Approving Agreement No. 20-0270-009-SF with the California Department of Food and Agriculture to Authorize the Execution of the Light Brown Apple Moth Detection Trapping Program from July 1, 2020 through June 30, 2021 in the Amount of $2,714. Resolution passed on consent
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Steven Hajik, Agricultural Commissioner/Sealer of Weights and Measures · Subject: Request for approval of Agreement No. 20-0270-009-SF with the California Department of Food and Agriculture to Authorize the Execution of the Light Brown Apple Moth Detection Trapping Program from July 1, 2020 through June 30, 2021 in the Amount of $2,714.

Executive Summary

I would like to ask the Board to adopt the attached Resolution approving an agreement with the California Department of Food and Agriculture (CDFA) for the Light Brown Apple Moth Detection Trapping program in Lake County from July 1, 2020 through the June 30, 2021. This pest has been detected in 28 counties, from Mendocino to San Diego. This has not been detected in Lake County as of today. A Federal Domestic Quarantine Order was established on May 2, 2007 that required, in addition to other actions, additional LBAM trapping to allow continued interstate movement of regulated articles. The agreement amount is $2,714.00. Should the Board adopt this Resolution, please have the chair sign and return one (1) copy of the Agreement, one (1) copy of the Board Resolution and return them to the Department of Agriculture for processing. A signed completed copy will be returned for your records.

Recommended Action

Request for approval of Agreement No. 20-0270-009-SF with the California Department of Food and Agriculture to Authorize the Execution of the Light Brown Apple Moth Detection Trapping Program from July 1, 2020 through June 30, 2021 in the Amount of $2,714.
Cost
Amount Budgeted$2,714.00
Original memo text
Memorandum Date: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Steven Hajik, Agricultural Commissioner/Sealer of Weights and Measures Subject: Request for approval of Agreement No. 20-0270-009-SF with the California Department of Food and Agriculture to Authorize the Execution of the Light Brown Apple Moth Detection Trapping Program from July 1, 2020 through June 30, 2021 in the Amount of $2,714. Executive Summary: I would like to ask the Board to adopt the attached Resolution approving an agreement with the California Department of Food and Agriculture (CDFA) for the Light Brown Apple Moth Detection Trapping program in Lake County from July 1, 2020 through the June 30, 2021. This pest has been detected in 28 counties, from Mendocino to San Diego. This has not been detected in Lake County as of today. A Federal Domestic Quarantine Order was established on May 2, 2007 that required, in addition to other actions, additional LBAM trapping to allow continued interstate movement of regulated articles. The agreement amount is $2,714.00. Should the Board adopt this Resolution, please have the chair sign and return one (1) copy of the Agreement, one (1) copy of the Board Resolution and return them to the Department of Agriculture for processing. A signed completed copy will be returned for your records. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: _$2,714.00__ 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: Request for approval of Agreement No. 20-0270-009-SF with the California Department of Food and Agriculture to Authorize the Execution of the Light Brown Apple Moth Detection Trapping Program from July 1, 2020 through June 30, 2021 in the Amount of $2,714.
5.3Adopt Resolution Approving Agreement No. 20-0286-000-SG with California Department of Food and Agriculture for compliance with the Bee Safe Program in the Amount of $4,178.56 for period July 1, 2020 through June 30, 2021 Resolution passed on consent
Staff memo

Date: August 18, 2020 · To: The Honorable Chair, Moke Simon, Lake County Board of Supervisors · From: Steven Hajik Agricultural Commissioner Sealer of Weights and Measures · Subject: Request for Approval of Agreement No. 20-0286-000-SG with California Department of Food and Agriculture for compliance with the Bee Safe Program in the Amount of $4,178.56 for period July 1, 2020 through June 30, 2021

Executive Summary

I would like to ask the Board to adopt the attached Resolution approving the Agreement with the California Department of Food and Agriculture (CDFA) for the Bee Safe Program in Lake County from July 1, 2020 through June 30, 2021. The agreement amount is $4,178.56. The Bee Safe Program Agreement includes reimbursement for apiary registrations, training, and outreach, as well as other activities that are designed to protect bees and beekeepers from possible pesticide impacts. Should the board adopt this resolution, please have the chair sign and return one copy of the agreement, one copy of the board resolution and return them to the Department of Agriculture for processing. A signed complete copy will be returned for your records.

Recommended Action

Request for Approval of Agreement No. 20-0286-000-SG with California Department of Food and Agriculture for compliance with the Bee Safe Program in the Amount of $4,178.56 for period July 1, 2020 through June 30, 2021
Cost
Amount Budgeted$ 4,178.56

Strategic priorities: Well-being of Residents Economic Development County Workforce Revenue Generation Community Collaboration

Original memo text
Memorandum Date: August 18, 2020 To: The Honorable Chair, Moke Simon, Lake County Board of Supervisors From: Steven Hajik Agricultural Commissioner Sealer of Weights and Measures Subject: Request for Approval of Agreement No. 20-0286-000-SG with California Department of Food and Agriculture for compliance with the Bee Safe Program in the Amount of $4,178.56 for period July 1, 2020 through June 30, 2021 Executive Summary: I would like to ask the Board to adopt the attached Resolution approving the Agreement with the California Department of Food and Agriculture (CDFA) for the Bee Safe Program in Lake County from July 1, 2020 through June 30, 2021. The agreement amount is $4,178.56. The Bee Safe Program Agreement includes reimbursement for apiary registrations, training, and outreach, as well as other activities that are designed to protect bees and beekeepers from possible pesticide impacts. Should the board adopt this resolution, please have the chair sign and return one copy of the agreement, one copy of the board resolution and return them to the Department of Agriculture for processing. A signed complete copy will be returned for your records. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: __$ 4,178.56______ 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: Request for Approval of Agreement No. 20-0286-000-SG with California Department of Food and Agriculture for compliance with the Bee Safe Program in the Amount of $4,178.56 for period July 1, 2020 through June 30, 2021
5.4Adopt Resolution Approving Agreement No. 20-0067-000-SA with the State of California, Department of Food and Agriculture and Authorize the Execution of the Fuels, Lubricants, and Automotive Products Program Agreement for Periods July 1, 2020 through June 30, 2021 in the Amount of $2,475.00 Resolution passed on consent
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Steven Hajik Agricultural Commissioner Sealer of Weights and Measures · Subject: Request for Approval of Agreement No. 20-0067-000-SA with the State of California, Department of Food and Agriculture and Authorize the Execution of the Fuels, Lubricants, and Automotive Products Program Agreement for Periods July 1, 2020 through June 30, 2021 in the Amount of $2,475.00

Executive Summary

I would like to ask the Board of Supervisors to adopt the attached Resolution approving the agreement with the California Department of Food and Agriculture for the State Fuels, Lubricants, and Automotive Products Program Agreement. No. 20-0067-000-SA. This agreement reimburses the county for activities that ensure correct petroleum, automotive products advertising, and labeling for Fiscal Year 2020/2021. The maximum agreement amount is $2,475 and expected county reimbursement is $2,475. Should the Board adopt this Resolution, please have the chair sign and return one copy of the Agreement, one copy of the Board Resolution and return them to the Agricultural Commissioner's office for processing. A signed completed copy will be returned for your records.

Recommended Action

Adopt Resolution Approving Agreement No. 20-0067-000-SA with the State of California, Department of Food and Agriculture and Authorize the Execution of the Fuels, Lubricants, and Automotive Products Program Agreement for Periods July 1, 2020 through June 30, 2021 in the Amount of $2,475.00
Cost
Amount Budgeted$2,475.00

Strategic priorities: Economic Development County Workforce Revenue Generation Business Process Efficiency

Original memo text
Memorandum Date: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Steven Hajik Agricultural Commissioner Sealer of Weights and Measures Subject: Request for Approval of Agreement No. 20-0067-000-SA with the State of California, Department of Food and Agriculture and Authorize the Execution of the Fuels, Lubricants, and Automotive Products Program Agreement for Periods July 1, 2020 through June 30, 2021 in the Amount of $2,475.00 Executive Summary: I would like to ask the Board of Supervisors to adopt the attached Resolution approving the agreement with the California Department of Food and Agriculture for the State Fuels, Lubricants, and Automotive Products Program Agreement. No. 20-0067-000-SA. This agreement reimburses the county for activities that ensure correct petroleum, automotive products advertising, and labeling for Fiscal Year 2020/2021. The maximum agreement amount is $2,475 and expected county reimbursement is $2,475. Should the Board adopt this Resolution, please have the chair sign and return one copy of the Agreement, one copy of the Board Resolution and return them to the Agricultural Commissioner's office for processing. A signed completed copy will be returned for your records. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: _$2,475.00__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 Agreement No. 20-0067-000-SA with the State of California, Department of Food and Agriculture and Authorize the Execution of the Fuels, Lubricants, and Automotive Products Program Agreement for Periods July 1, 2020 through June 30, 2021 in the Amount of $2,475.00
5.5Approve Resolution of the Board of Directors, South Lake Fire Protection District, Calling for a Special Election for the Purpose of Establishing a New Appropriations Limit Action Item passed on consent
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Johanna DeLong, Assistant Clerk of the Board · Subject: Approve Resolution of the Board of Directors, South Lake Fire Protection District, Calling for a Special Election for the Purpose of Establishing a New Appropriations Limit

Executive Summary

(include fiscal and staffing impact narrative): The Resolution of the Board of Directors, South Lake Fire Protection District is being submitted for your Board's approval pursuant to Section 10400 et seq. of the Elections Code, State of California. The Fire District requests the Board of Supervisors to permit the Registrar of Voters to render all services necessary to conduct the South Lake Fire Protection District's Special Election for the Purpose of Establishing a New Appropriations Limit and the Fire District agrees to reimburse the County of Lake in full upon presentation of the bill. Not applicable

Recommended Action

Approve Resolution of the Board of Directors, South Lake Fire Protection District, calling for a Special Election for the Purpose of Establishing a New Appropriations Limit.

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: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Johanna DeLong, Assistant Clerk of the Board Subject: Approve Resolution of the Board of Directors, South Lake Fire Protection District, Calling for a Special Election for the Purpose of Establishing a New Appropriations Limit Executive Summary: (include fiscal and staffing impact narrative): The Resolution of the Board of Directors, South Lake Fire Protection District is being submitted for your Board's approval pursuant to Section 10400 et seq. of the Elections Code, State of California. The Fire District requests the Board of Supervisors to permit the Registrar of Voters to render all services necessary to conduct the South Lake Fire Protection District's Special Election for the Purpose of Establishing a New Appropriations Limit and the Fire District agrees to reimburse the County of Lake in full upon presentation of the bill. 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 Resolution of the Board of Directors, South Lake Fire Protection District, calling for a Special Election for the Purpose of Establishing a New Appropriations Limit.
5.6Approve Abandoned Vehicle Towing and Disposal Contracts for the Following Service Vendors, (a) Jones Towing for an Annual Amount of $30,000 not to Exceed $30,000 Over a One Year Period, (b) Kelseyville Auto Salvage and Towing for an Annual Amount of $10,000 not to Exceed $10,000 Over a One Year Period and for a Term from August 19, 2020 to June 30, 2021 and Authorize Chair to Sign Agreement passed on consent
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Scott De Leon, Interim Community Development Director · Subject: Approve Abandoned Vehicle Towing and Disposal Contracts for the Following Service Vendors, (a) Jones Towing for an Annual Amount of $30,000 not to Exceed $30,000 Over a One Year Period, (b) Kelseyville Auto Salvage and Towing for an Annual Amount of $10,000 not to Exceed $10,000 Over a One Year Period and for a Term from August 19, 2020 to June 30, 2021 and Authorize Chair to Sign

Executive Summary

(include fiscal and staffing impact narrative): The Community Development Department - Code Enforcement Division published a Request for Proposals (RFP) for Abandoned Vehicle Towing and Disposal Services on April 23, 2020 with a deadline to respond on May 21, 2020. The County of Lake Community Development Department (CDD) - Code Enforcement Division manages the Abandoned Vehicle Abatement Program (AVA) on behalf of the County in the unincorporated areas. Lake County Abandoned Vehicle Abatement Service Authority was formed through a Joint Exercises of Powers Agreement executed in September 1, 1991. Both, the City of Lakeport and the City of Clearlake are Authority Committee Members. The AVA Program was suspended by the California State Controller's Office effective January 1, 2017 and reinstated April 1, 2019. The Authority was created to implement a county-wide AVA plan, financed by a one dollar surcharge on motor vehicle license fees. For a number of years, the County of Lake has contracted with tow companies to perform this tow service in the unincorporated areas. Due to the pending contract expiration dates, the County requested qualified contractors for these services. The scope of work involves the towing and abatement contract services related to the removal and disposal of abandoned, wrecked, dismantled, or inoperative vehicles, boats or parts from private and public property and county roads and state highways throughout the unincorporated County of Lake, California. The County received two (2) Proposals, both of which were found qualified and responsive. The two (2) qualified service vendors include Jones Towing and Kelseyville Auto Salvage and Towing. Staff recommends a contract term beginning August 19, 2020 through June 30, 2021 for the following contract amounts: A. Jones Towing - $30,000 per year, for a total of one year not to exceed $30,000 B. Kelseyville Auto Salvage and Towing - $10,000 per year, for a total of one year not to exceed $10,000 These service vendors will perform vehicle towing and abatement in the County of Lake under the supervision of the Community Development Department - Code Enforcement Division.

Recommended Action

Staff recommends approving Abandoned Vehicle Towing and Disposal contracts for the following service vendors, (a) Jones Towing for an annual amount of $30,000 not to exceed $30,000 over a one year period, (b) Kelseyville Auto Salvage and Towing for an annual amount of $10,000 not to exceed $10,000 over a one year period and for a term from August 19, 2020 to June 30, 2021 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: Public Safety

Original memo text
Memorandum Date: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Scott De Leon, Interim Community Development Director Subject: Approve Abandoned Vehicle Towing and Disposal Contracts for the Following Service Vendors, (a) Jones Towing for an Annual Amount of $30,000 not to Exceed $30,000 Over a One Year Period, (b) Kelseyville Auto Salvage and Towing for an Annual Amount of $10,000 not to Exceed $10,000 Over a One Year Period and for a Term from August 19, 2020 to June 30, 2021 and Authorize Chair to Sign Executive Summary: (include fiscal and staffing impact narrative): The Community Development Department - Code Enforcement Division published a Request for Proposals (RFP) for Abandoned Vehicle Towing and Disposal Services on April 23, 2020 with a deadline to respond on May 21, 2020. The County of Lake Community Development Department (CDD) - Code Enforcement Division manages the Abandoned Vehicle Abatement Program (AVA) on behalf of the County in the unincorporated areas. Lake County Abandoned Vehicle Abatement Service Authority was formed through a Joint Exercises of Powers Agreement executed in September 1, 1991. Both, the City of Lakeport and the City of Clearlake are Authority Committee Members. The AVA Program was suspended by the California State Controller's Office effective January 1, 2017 and reinstated April 1, 2019. The Authority was created to implement a county-wide AVA plan, financed by a one dollar surcharge on motor vehicle license fees. For a number of years, the County of Lake has contracted with tow companies to perform this tow service in the unincorporated areas. Due to the pending contract expiration dates, the County requested qualified contractors for these services. The scope of work involves the towing and abatement contract services related to the removal and disposal of abandoned, wrecked, dismantled, or inoperative vehicles, boats or parts from private and public property and county roads and state highways throughout the unincorporated County of Lake, California. The County received two (2) Proposals, both of which were found qualified and responsive. The two (2) qualified service vendors include Jones Towing and Kelseyville Auto Salvage and Towing. Staff recommends a contract term beginning August 19, 2020 through June 30, 2021 for the following contract amounts: A. Jones Towing - $30,000 per year, for a total of one year not to exceed $30,000 B. Kelseyville Auto Salvage and Towing - $10,000 per year, for a total of one year not to exceed $10,000 These service vendors will perform vehicle towing and abatement in the County of Lake under the supervision of the Community Development Department - Code Enforcement Division. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Staff recommends approving Abandoned Vehicle Towing and Disposal contracts for the following service vendors, (a) Jones Towing for an annual amount of $30,000 not to exceed $30,000 over a one year period, (b) Kelseyville Auto Salvage and Towing for an annual amount of $10,000 not to exceed $10,000 over a one year period and for a term from August 19, 2020 to June 30, 2021 and authorize Chair to sign.
5.7Approve Wildfire Smoke Protection Policy Action Item passed on consent
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Jeff Rein, Risk Manager/Safety Officer · Subject: Approve Wildfire Smoke Protection Policy

Executive Summary

(include fiscal and staffing impact narrative): The attached Wildfire Smoke Protection Policy is presented for your Board's consideration. This policy is borne out of emergency regulations set forth by CalOSHA which are intended to reduce employee exposure to wildfire smoke. The proposed policy reflects the provisions required by the regulation and also includes some practical provisions which our Lake County experience has proven effective including closure of HVAC economizers and placement of air scrubbers. The proposed policy has been circulated to department heads for review and reflects their input. Upon adoption, this policy will become a permanent component of the County Injury Illness and Protection Program.

Recommended Action

Approve the Wildfire Smoke Protection Plan

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: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Jeff Rein, Risk Manager/Safety Officer Subject: Approve Wildfire Smoke Protection Policy Executive Summary: (include fiscal and staffing impact narrative): The attached Wildfire Smoke Protection Policy is presented for your Board's consideration. This policy is borne out of emergency regulations set forth by CalOSHA which are intended to reduce employee exposure to wildfire smoke. The proposed policy reflects the provisions required by the regulation and also includes some practical provisions which our Lake County experience has proven effective including closure of HVAC economizers and placement of air scrubbers. The proposed policy has been circulated to department heads for review and reflects their input. Upon adoption, this policy will become a permanent component of the County Injury Illness and Protection Program. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Approve the Wildfire Smoke Protection Plan
5.8Adopt Resolution approving an Agreement between the State of California Department of Healthcare Services (DHCS) and County of Lake Health Services Department for the Medi-Cal County Inmate Program for Administrative Services (MCIP) and Authorize the Health Services Director to sign said Agreement Report passed on consent
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Denise Pomeroy, Health Services Director · Subject: Adopt Resolution approving an Agreement between the State of California Department of Healthcare Services (DHCS) and County of Lake Health Services Department for the Medi-Cal County Inmate Program for Administrative Services (MCIP) and Authorize the Health Services Director to sign said Agreement

Executive Summary

Federal law prohibits claiming Medicaid funds for healthcare services provided to inmates residing in correctional facilities. There is an exception to this federal prohibition when an inmate receives inpatient services at a medical facility located off the grounds of the correctional facility for an expected stay of more than 24 hours, and the inmate is found to be Medicaid eligible. The Medi-Cal Inmate Program occurs at both a State and County level and allows Medi-Cal allowable inpatient hospital services, including inpatient psychiatric services, and physician services provided during the inpatient hospital stay of inmates in correctional facilities who are determined eligible for Medi-Cal. The Medi-Cal County Inmate Program (MCIP) is voluntary and counties have the option to participate in this program by entering into an agreement with the Department of Health Care Services (DHCS). Per legislation, there is to be no General Fund (GF) impact under MCIP. The purpose of the MCIP agreement is to establish the amounts needed to satisfy each county's responsibility to reimburse DHCS for the nonfederal share of MCIP service costs incurred by DHCS. If a County does not participate in MCIP or does not abide by the terms of this Agreement, the County remains responsible for arranging for and paying for medical care for its inmates. The attached Agreement will run through Fiscal years 2020-2023, with a maximum payable amount of $7879.62 over the term. Should you have any questions, or require additional information, please contact me at 263-1090.

Recommended Action

: Adopt Resolution approving an Agreement between the State of California Department of Healthcare Services (DHCS) and County of Lake Health Services Department for the Medi-Cal County Inmate Program for Administrative Services (MCIP) and Authorize the Health Services Director to sign said 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: Cost Savings

Original memo text
Memorandum Date: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Denise Pomeroy, Health Services Director Subject: Adopt Resolution approving an Agreement between the State of California Department of Healthcare Services (DHCS) and County of Lake Health Services Department for the Medi-Cal County Inmate Program for Administrative Services (MCIP) and Authorize the Health Services Director to sign said Agreement Executive Summary: Federal law prohibits claiming Medicaid funds for healthcare services provided to inmates residing in correctional facilities. There is an exception to this federal prohibition when an inmate receives inpatient services at a medical facility located off the grounds of the correctional facility for an expected stay of more than 24 hours, and the inmate is found to be Medicaid eligible. The Medi-Cal Inmate Program occurs at both a State and County level and allows Medi-Cal allowable inpatient hospital services, including inpatient psychiatric services, and physician services provided during the inpatient hospital stay of inmates in correctional facilities who are determined eligible for Medi-Cal. The Medi-Cal County Inmate Program (MCIP) is voluntary and counties have the option to participate in this program by entering into an agreement with the Department of Health Care Services (DHCS). Per legislation, there is to be no General Fund (GF) impact under MCIP. The purpose of the MCIP agreement is to establish the amounts needed to satisfy each county's responsibility to reimburse DHCS for the nonfederal share of MCIP service costs incurred by DHCS. If a County does not participate in MCIP or does not abide by the terms of this Agreement, the County remains responsible for arranging for and paying for medical care for its inmates. The attached Agreement will run through Fiscal years 2020-2023, with a maximum payable amount of $7879.62 over the term. Should you have any questions, or require additional information, please contact me at 263-1090. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☒ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: : Adopt Resolution approving an Agreement between the State of California Department of Healthcare Services (DHCS) and County of Lake Health Services Department for the Medi-Cal County Inmate Program for Administrative Services (MCIP) and Authorize the Health Services Director to sign said Agreement
5.9Adopt Resolution rescinding prior rejection and accepting certain roadways for public use for the purpose of providing drinking water to the community of Alpine Meadows Subdivision, Cobb Resolution passed on consent
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Scott De Leon, Public Works Director · Subject: Adoption of a Resolution rescinding prior rejection and accepting certain roadways for public use for the purpose of providing drinking water to the community of Alpine Meadows Subdivision, Cobb

Executive Summary

(include fiscal and staffing impact narrative): The attached Resolution is being presented to the Board of Supervisors at this time at the request of the Cobb Area County Water District (District). The District is requesting your adoption of this Resolution for the purpose of installing water mains, within the roadways, to provide reliable potable drinking water to the people of the Alpine Meadow Subdivision community. These roadways will not be County maintained. The recording of Alpine Meadows Subdivision on October 4, 1961 included an offer to dedicate the roadways known as Alpine Avenue, Pine Point Road, Meadow Drive and Fawn Court for public use. While the County Board of Supervisors approved the Subdivision Map, it rejected the offer of dedication of all roadways for public use. Government Code Section 66477.2(a) states that after acceptance of a final map, an offer of dedication shall remain open and the legislative body may, by resolution at a later date and without further action by the subdivider, rescind its action and accept and open the streets for public use. That acceptance (Resolution) must be recorded in the Office of the County Recorder. Staff recommends that the Board of Supervisors adopt the attached Resolution and return to the County Surveyor for recording.

Recommended Action

Staff recommends that the Board of Supervisors adopt the attached Resolution and return to the County Surveyor for recording.

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: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Scott De Leon, Public Works Director Subject: Adoption of a Resolution rescinding prior rejection and accepting certain roadways for public use for the purpose of providing drinking water to the community of Alpine Meadows Subdivision, Cobb Executive Summary: (include fiscal and staffing impact narrative): The attached Resolution is being presented to the Board of Supervisors at this time at the request of the Cobb Area County Water District (District). The District is requesting your adoption of this Resolution for the purpose of installing water mains, within the roadways, to provide reliable potable drinking water to the people of the Alpine Meadow Subdivision community. These roadways will not be County maintained. The recording of Alpine Meadows Subdivision on October 4, 1961 included an offer to dedicate the roadways known as Alpine Avenue, Pine Point Road, Meadow Drive and Fawn Court for public use. While the County Board of Supervisors approved the Subdivision Map, it rejected the offer of dedication of all roadways for public use. Government Code Section 66477.2(a) states that after acceptance of a final map, an offer of dedication shall remain open and the legislative body may, by resolution at a later date and without further action by the subdivider, rescind its action and accept and open the streets for public use. That acceptance (Resolution) must be recorded in the Office of the County Recorder. Staff recommends that the Board of Supervisors adopt the attached Resolution and return to the County Surveyor for recording. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☒ Public Safety ☒ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Staff recommends that the Board of Supervisors adopt the attached Resolution and return to the County Surveyor for recording.
5.10Approve Award of Bid for the Bartlett Springs Road at Cache Creek Bridge Rehabilitation Project, Bid No. 20-09, Federal Aid project No. BRLO-5914(092) to Techno Coatings, Inc of Anaheim, CA, in the Amount of $685,000 and Authorize the Chair to sign. Action Item passed on consent
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Scott De Leon, Public Works Director · Subject: Approve Award of Bid for the Bartlett Springs Road at Cache Creek Bridge Rehabilitation Project, Bid No. 20-09, Federal Aid project No. BRLO-5914(092) to Techno Coatings, Inc of Anaheim, CA, in the Amount of $685,000 and Authorize the Chair to sign.

Executive Summary

(include fiscal and staffing impact narrative): The Purchasing Department publicly opened bids for the subject project on Tuesday, July 28, 2020. Five (5) bids were received and the apparent lowest responsible bidder was Techno Coatings, Inc., of Anaheim, CA. Please refer to the attached bid tabulation. The project is fully funded from the Federal Highway Bridge Program (HBP) and Toll Credits. The scope of the project is the rehabilitation (painting) of the Bartlett Springs Road Bridge at Cache Creek Bridge. Staff recommends that the Board of Supervisors award the Contract for the Bartlett Springs Road at Cache Creek Bridge Rehabilitation Project to Techno Coatings, Inc. in the amount of $685,000.00 and authorize the Chair to execute the Agreement and execute the attached Notice of Award.

Recommended Action

Staff recommends that the Board of Supervisors award the Contract for the Bartlett Springs Road at Cache Creek Bridge Rehabilitation Project to Techno Coatings, Inc. in the amount of $685,000.00 and authorize the Chair to execute the Agreement and execute the attached Notice of Award.

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: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Scott De Leon, Public Works Director Subject: Approve Award of Bid for the Bartlett Springs Road at Cache Creek Bridge Rehabilitation Project, Bid No. 20-09, Federal Aid project No. BRLO-5914(092) to Techno Coatings, Inc of Anaheim, CA, in the Amount of $685,000 and Authorize the Chair to sign. Executive Summary: (include fiscal and staffing impact narrative): The Purchasing Department publicly opened bids for the subject project on Tuesday, July 28, 2020. Five (5) bids were received and the apparent lowest responsible bidder was Techno Coatings, Inc., of Anaheim, CA. Please refer to the attached bid tabulation. The project is fully funded from the Federal Highway Bridge Program (HBP) and Toll Credits. The scope of the project is the rehabilitation (painting) of the Bartlett Springs Road Bridge at Cache Creek Bridge. Staff recommends that the Board of Supervisors award the Contract for the Bartlett Springs Road at Cache Creek Bridge Rehabilitation Project to Techno Coatings, Inc. in the amount of $685,000.00 and authorize the Chair to execute the Agreement and execute the attached Notice of Award. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☒ Public Safety ☒ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Staff recommends that the Board of Supervisors award the Contract for the Bartlett Springs Road at Cache Creek Bridge Rehabilitation Project to Techno Coatings, Inc. in the amount of $685,000.00 and authorize the Chair to execute the Agreement and execute the attached Notice of Award.
5.11Adopt Resolution Approving the Addition of a .75 FTE Position Allocation For Budget Unit 8695, Special Districts Resolution passed on consent
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Jan Coppinger, Special Districts Administrator · Subject: Adopt Resolution Approving the Addition on one .75 FTE Position of Construction Inspector for Budget Unit 8695, Special Districts

Executive Summary

(include fiscal and staffing impact narrative): Special Districts is has received FEMA Hazard Mitigation Grant Program (HMGP) funding for a project to replace two redwood storage tanks in the Soda Bay Water System. We are preparing to begin the project and require an onsite inspector. We had a construction inspector trained and certified in HCD Pipe Infusion two years ago and he worked as an extra help employee on both phases of the Anderson Springs Sewer Project. We had planned to bring him back as an extra help employee for the Soda Bay Tank Project but learned he is unable to work as an extra help employee again until 26 weeks has elapsed. We would like to create this 3/4 FTE position for the sole purpose of grant funded construction inspection. Currently, all future projects are grant funded and all will require an onsite inspector. The salary will be grant funded and when the project is over, the employee will be laid off. Our hope is, that as future funding agreements are secured, he can be brought back and employed as needed. This will save us time and money as he will be well trained for the documentation required for the funding agreements and the needs of the district.

Recommended Action

Adopt resolution approving the addition of a 3/4 FTE Position for Construction Inspector for budget unit 8695, Special Districts.

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: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Jan Coppinger, Special Districts Administrator Subject: Adopt Resolution Approving the Addition on one .75 FTE Position of Construction Inspector for Budget Unit 8695, Special Districts Executive Summary: (include fiscal and staffing impact narrative): Special Districts is has received FEMA Hazard Mitigation Grant Program (HMGP) funding for a project to replace two redwood storage tanks in the Soda Bay Water System. We are preparing to begin the project and require an onsite inspector. We had a construction inspector trained and certified in HCD Pipe Infusion two years ago and he worked as an extra help employee on both phases of the Anderson Springs Sewer Project. We had planned to bring him back as an extra help employee for the Soda Bay Tank Project but learned he is unable to work as an extra help employee again until 26 weeks has elapsed. We would like to create this 3/4 FTE position for the sole purpose of grant funded construction inspection. Currently, all future projects are grant funded and all will require an onsite inspector. The salary will be grant funded and when the project is over, the employee will be laid off. Our hope is, that as future funding agreements are secured, he can be brought back and employed as needed. This will save us time and money as he will be well trained for the documentation required for the funding agreements and the needs of the district. 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 addition of a 3/4 FTE Position for Construction Inspector for budget unit 8695, Special Districts.
5.12Authorize the Lake County Watershed Protection District (District) to sign and enter into an Agreement with the Local Government Commission (LGC) for independent contractor services through the AmeriCorps CivicSpark Fellowship in the amount of $52,000 for two (2) CivicSpark Fellows to develop and implement a Clear Lake Shoreline Assessment and Inventory. Action Item passed on consent approved — Pass
Carried 5-0 — moved by Crandell
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Scott De Leon, Water Resources Director · Subject: Authorize the Lake County Watershed Protection District (District) to sign and enter into an Agreement with the Local Government Commission (LGC) for independent contractor services through the AmeriCorps CivicSpark Fellowship in the amount of $52,000 for two (2) CivicSpark Fellows to develop and implement a Clear Lake Shoreline Assessment and Inventory.

Executive Summary

(include fiscal and staffing impact narrative): The Lake County Watershed Protection District (District) applied for and was accepted as a partner organization with the Local Government Commissions (LGC) CivicSpark Fellowship for the 2020-2021 service year. The District will receive two (2) CivicSpark Fellows to develop and implement a Clear Lake Shoreline Assessment and Inventory. The Fellows will work closely with Water Resources staff to spearhead the Clear Lake Shoreline Assessment and Inventory which will encompass the collection and organization of data used for the management of Clear Lake. Through these efforts, the Fellows will strengthen the organizational capacity of Lakebed Management by identifying and documenting the features and conditions of Clear Lake's shoreline. This is a crucial aspect for the Department's task of improving and protecting the public's interest in the waters and the bed of the waters in and around Clear Lake, and to insure that the lands will be used for general statewide interests in furtherance of commerce, navigation, fishery, recreation, and wherever possible and appropriate, preservation of the land and their natural state. CivicSpark is a Governor's Initiative AmeriCorps program dedicated to building capacity for public agencies throughout California in order to address community resilience issues. CivicSpark provides local agencies with Fellows who serve full time for an 11 month service year with each Fellow providing at least 1,700 hours of service dedicated to a capacity building project. All CivicSpark Fellows are selected through a highly competitive national application process, which requires Fellows to pass a state, federal and NSOPR background check, and at minimum to have a college degree in a relevant field. The Fellows are employed through LGC and serve at a placement site for the service year. Fellows salary, insurance, and workers compensation is structured through LGC.

Recommended Action

Authorize the Lake County Watershed Protection District to sign and enter into an Agreement with the Local Government Commission for independent contractor services through the AmeriCorps CivicSpark Fellowship in the amount of $52,000 for two (2) CivicSpark Fellows to develop and implement a Clear Lake Shoreline Assessment and Inventory.

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

Strategic priorities: County Workforce Clear Lake

Original memo text
Memorandum Date: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Scott De Leon, Water Resources Director Subject: Authorize the Lake County Watershed Protection District (District) to sign and enter into an Agreement with the Local Government Commission (LGC) for independent contractor services through the AmeriCorps CivicSpark Fellowship in the amount of $52,000 for two (2) CivicSpark Fellows to develop and implement a Clear Lake Shoreline Assessment and Inventory. Executive Summary: (include fiscal and staffing impact narrative): The Lake County Watershed Protection District (District) applied for and was accepted as a partner organization with the Local Government Commissions (LGC) CivicSpark Fellowship for the 2020-2021 service year. The District will receive two (2) CivicSpark Fellows to develop and implement a Clear Lake Shoreline Assessment and Inventory. The Fellows will work closely with Water Resources staff to spearhead the Clear Lake Shoreline Assessment and Inventory which will encompass the collection and organization of data used for the management of Clear Lake. Through these efforts, the Fellows will strengthen the organizational capacity of Lakebed Management by identifying and documenting the features and conditions of Clear Lake's shoreline. This is a crucial aspect for the Department's task of improving and protecting the public's interest in the waters and the bed of the waters in and around Clear Lake, and to insure that the lands will be used for general statewide interests in furtherance of commerce, navigation, fishery, recreation, and wherever possible and appropriate, preservation of the land and their natural state. CivicSpark is a Governor's Initiative AmeriCorps program dedicated to building capacity for public agencies throughout California in order to address community resilience issues. CivicSpark provides local agencies with Fellows who serve full time for an 11 month service year with each Fellow providing at least 1,700 hours of service dedicated to a capacity building project. All CivicSpark Fellows are selected through a highly competitive national application process, which requires Fellows to pass a state, federal and NSOPR background check, and at minimum to have a college degree in a relevant field. The Fellows are employed through LGC and serve at a placement site for the service year. Fellows salary, insurance, and workers compensation is structured through LGC. 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 Lake County Watershed Protection District to sign and enter into an Agreement with the Local Government Commission for independent contractor services through the AmeriCorps CivicSpark Fellowship in the amount of $52,000 for two (2) CivicSpark Fellows to develop and implement a Clear Lake Shoreline Assessment and Inventory.
On motion of Supervisor Crandell, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.12. The motion carried by the following vote: Ayes- Supervisors: 5 - Sabatier, Crandell, Scott, Brown and Simon

6. Timed Items

6.19:01 A.M. - PUBLIC INPUT Report
Clerk’s notes: Public Members Ben Hittle and Sally Peterson spoke via Zoom.
6.29:02 A.M. - Consideration of Update on COVID-19 Report
no itemized roll call in the official record
Staff memo

Date: August 18, 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: August 18, 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
Report Only.
Clerk’s notes: Public Heath Officer Dr. Gary Pace 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.
6.310:00 A.M. - Presentation of an Annual Report on the Activities of Lake County Resource Conservation District Report
no itemized roll call in the official record
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Carol J. Huchingson, Clerk of the Board of Supervisors · Subject: Presentation of an Annual Report on the activities of Lake County Resource Conservation District

Executive Summary

(include fiscal and staffing impact narrative): The Lake County Resource Conservation District (RCD) consolidated multiple local entities in 2016, in order to better serve Lake County residents. Your Board expressed support for Lake County RCD's intention to prepare and present a report of their activities on an annual basis. Victoria Brandon will be present to make this year's report on behalf of Lake County RCD.

Recommended Action

No action - informational 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: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Carol J. Huchingson, Clerk of the Board of Supervisors Subject: Presentation of an Annual Report on the activities of Lake County Resource Conservation District Executive Summary: (include fiscal and staffing impact narrative): The Lake County Resource Conservation District (RCD) consolidated multiple local entities in 2016, in order to better serve Lake County residents. Your Board expressed support for Lake County RCD's intention to prepare and present a report of their activities on an annual basis. Victoria Brandon will be present to make this year's report on behalf of Lake County RCD. 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: No action - informational report only.
Presentation Only.
Clerk’s notes: Assistant County Administrative Officer Susan Parker introduced the item to the Board. Victoria Brandon presented a PowerPoint presentation to the Board. Harry Lyons spoke. Chair Simon asked if anyone present wished to speak and the following person spoke via Zoom: Magdalena Valdarrama. The following person present in the Board of Supervisors Chambers spoke: Joan Moss. No one else wished to speak and the public input portion of this item was closed.
6.410:30 A.M. - Appeal to Board of Supervisors, AB 20-01 of Major Use Permit (UP 19-05) and Initial Study (IS 19-09) (APN 009-021-07) Action Item Motion carried
Carried 4-0 — moved by Sabatier
Brown: aye Crandell: abstain Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Scott De Leon, Interim Community Development Director Toccarra Thomas, Deputy Director Mark Roberts, Principal Planner Victor Fernandez, Assistant Planner · Subject: Appeal to Board of Supervisors, AB 20-01 of Major Use Permit, UP 19-05 and Initial Study, IS 19-09 (APN 009-021-07)

Exhibits: A. Vicinity Map B. AB 20-01 Application including Appellant's Attachments C. Planning Commission Staff Report with Attachments (February 24, 2020) D. Planning Commission Minutes from April 23, 2020 Public Hearing E. Letters of Support F. Letters of Concern G. Applicant's (Scotts Valley Band of Pomo) Response to Appeal AB 20-01 H. Project Description Packet I. Lake County Chamber of Commerce (LCCC) Letter (August 5, 2020)

Executive Summary

(include fiscal and staffing impact narrative): The Appellant, Clint Nelson, is appealing the Planning Commission's April 23, 2020 decision to adopt a Mitigated Negative Declaration and approve a Major Use Permit (Files No. UP 19-05 and IS 19-09), which if approved would allow for the development of a small-scale bioenergy production facility using the Artis system at 7130 Red Hills Rd., Kelseyville (APN 009-021-07).

Background

On February 11, 2019 Thomas Jordan (Tribal Administrator for Scotts Valley Band of Pomo Indians) submitted a Major Use Permit application for a Power Generation Facility located at 7130 Red Hills Rd., Kelseyville. On April 23, 2020, the Planning Commission approved Major Use Permit (UP 19-05) located at 7130 Red Hills Rd., Kelseyville, CA. The Planning Commission found that the Initial Study (IS 19-09) for the project parcel would not have a significant impact on the environment with the incorporated mitigation measures and adopted a Mitigated Negative Declaration. The project proposes the development of a small-scale bioenergy facility using the Artis System. The system contains no open flame components and is a sealed system which uses programmable electric heaters to achieve optimal temperatures. The operation would occur within a 2,000-square foot enclosed structure on a 40' x 50' six-inch thick concrete pad. The sides of the metal building will be 10' high with 18' wide roll-up doors and one pedestrian entrance. Additionally, a 28,000 square foot storage area that will be used to process and house the production plant's feedstock would be allowed. The storage area will consist of a 6" pad of wood chips used for surfacing to ensure that soil erosion will not occur in the winter season as well as ensure that rock and related material will not be carried to the production plant. All operation facilities are located approximately 900 feet from Highway 29 and approximately 140 feet from Red Hills Road. According to the applicant, the plant will operate 24 hours per day, seven days per week except when it is shut down for scheduled maintenance, on average, one day per week. Additionally, the operation is highly automated with system safeguards in place to shut the operation down in the event of a malfunction. Employees will be working 5.5 hours per day, seven days a week on a split-shift schedule. The operator will be responsible for chipping feedstock, feeding the hopper, packaging biochar and monitoring the plant's operation. (Refer to Exhibit H - Project Description Packet for further details.) Zoning of Subject Site and Vicinity Basis of the Appeal The appeal to the above noted approval of Major Use Permit (UP 19-05) was filed on April 29, 2020 with the Community Development Department (CDD). Clint Nelson on behalf of the Red Hills AVA Stakeholders (The Appellant) submitted a written statement dated April 29, 2020 detailing the reasoning of the appeal. According to the appellant's statements, the reasons for the appeal includes but is not limited to the following: (Refer to Exhibit B for details.) 1. According to the applicant's submittal, "It is fair to say that issues discussed were either nonchalantly declared 'mitigated' without the ability to enforce or quickly dismissed as this project appeared to be fast-tracked through the approval process." Response: The Major Use Permit UP 19-05, was submitted to the CDD on February 11, 2019. During the review process, the application was sent to various Federal, State and local agencies for commenting in February 2019 and July 2019. During the course of the review period, agency comments were received, and an incomplete letter was sent out on March 14, 2019, requesting additional information. In April 2019, the applicant met with the (CDD), and indicated they are reducing the project size and will be submitting revised plans. Additionally, the applicant decided to hire an environmental consultant to prepare an Initial Study to comply with all California Environmental Quality Act (CEQA) requirements. The CDD worked closely with the environmental consultant in preparing the environmental document. Once the CDD made the necessary corrections to the Initial Study, it was sent out to the State Clearing House in accordance with CEQA and the required 30 day review. During the 30 day review period the CDD sent out the Notice of Intent to various Federal, State and local agencies for commenting including the surrounding property owners within 725 feet of the project parcel. 2. According to the appellant's submittal, "this project is deliberately abusing the zoning system that is currently in-place while simultaneously setting a precedent which should be considered unacceptable." Response: Pursuant to Article 8 "Rural Residential" of the Lake County Zoning Ordinance Section 8.5(l), "Those uses permitted in the 'RR' district with a major use permit in Table B, Article 27." Pursuant to Article 27, section 27.11, Table B, Item X, "Power Generation Facility" is an allowable use within the Rural Residential zoning district upon securing a Major Use Permit. On February 11, 2019, the applicant submitted a Major Use Permit Application (UP 19-05) to the Community Development Department. 3. According to the appellant's submittal, "The chipping, grinding, generator usage, trucking, overall noise, dust impacts and visuals for all intents and purposes turn a quaint rural residential area into an industrial complex." Response: The project parcel is surrounded by commercial-agricultural uses which includes vineyards and orchards. The project parcel is zoned Rural Residential (RR), which in accordance to Article 27, section 27.11, Table B, Item X, permits "Power Generation Facility" as an allowable use within the Rural Residential zoning district upon securing a major use permit. On February 11, 2019, the applicant submitted a Major Use Permit Application (UP 19-05) to the Community Development Department. 4. According to the appellant's submittal, "Ultra-premium wines are incredibly sensitive to odors and smoke which cause foul tastes and smells termed taint." Additionally, "the trucking, grinding, chipping, and unloading of woody debris all create serious threats to the wellbeing of surrounding vineyards as dust is known to transport both pests and diseases into vineyards." Response: According to the Property Management Plan, all chipping and the processing of wood and/or byproducts will be enclosed within a structure. Additionally, the Community Development Department has completed an environmental analysis (IS 19-09) and mitigation measures and conditions of approval have been incorporated to reduce dust and odors which includes but is not limited to: � Prior to operation, the primary access roads and parking area shall be constructed, surfaced and maintained with an all-weather surface of asphaltic concrete or concrete unless another all-weather surface is approved by the review authority to minimize dust impacts to the public, visitors and road traffic. All areas subject to semi-truck/trailer traffic shall require asphaltic concrete paving or equivalent to prevent fugitive dust generation. Gravel surfacing may be adequate for low use/overflow driveways and parking areas if it receives regular palliative treatment. The use of white rock for surfacing is prohibited. (Mitigation Measure AIR-2) � Dust control measures shall be implemented to minimize fugitive dust emissions from the Project Site. Dust control measures may consist of approved chemical, structural, or mechanical methods and shall be reapplied at the necessary intervals to prevent wind erosion. (Mitigation Measure AIR-2) � Prior to any ground disturbance, the permittee shall submit a Dust Mitigation Plan to the Lake County Air Quality Management District for review and approval and submit a copy of the approved plan to the Community Development Department. Said plan shall detail proposed dust control methods during and post constructions, including the source of water, equipment to be used. Applicant shall contact the Lake County Air Quality Management District for details. � The applicant shall submit an Asbestos Notification Form to the Lake County Air Quality Management District (LCAQMD) for any remodeling and/or demolition. Applicant shall contact the LCAQMD for details. o The National Emissions Standards for Hazardous Air Pollutants (NESHAP) for asbestos in buildings requires asbestos inspections by a Certified Asbestos Consultant for major renovations and all demolitions. A complete survey includes inspection of attic spaces, crawl spaces, areas with pipes or heating ducts and equipment. o An Asbestos Notification (with complete survey and lab report) must be submitted to the Lake County Air Quality Management District at least fourteen (14) days prior to beginning any renovations or demolition work. If regulated asbestos is found, the facility must be abated prior to demolition or renovation (where asbestos may be disturbed). � Base rock shall be placed on existing roadways during any initial grading to help minimize dust generation from vehicle traffic and development. Regular palliative treatment may be considered as an alternative to paving while being developed. � Construction and/or work practices that involved masonry, gravel, grading activities, vehicular and fugitive dust shall be management by use of water or other acceptable dust palliatives to maintain two inches of visibly-moist soil in the project area and to ensure that dust does not leave the property. � All roads, trails and access routes shall be paved and/or adequately surfaced/managed to prevent dust generation. Surfacing/management shall occur prior to the construction and occupancy to minimize dust generation and track out issues. The LCAQMD shall approve of management practices. 5. According to the appellant's submittal, "The noise associated with trucking, chipping, grinding and generator usage will not only decrease adjacent homeowner's quality of life, but also potentially impact the ability for tasting rooms to deliver invaluable experiences needed to bring tourists and customers back to the area." Response: According to the Property Management Plan, the proposed use will be conducted within an enclosed structure which will help reduce noise to the surrounding area. All chipping and the processing of wood and/or byproducts will be enclosed within a structure. Additionally, the CDD has completed an environmental analysis (IS 19-09) and mitigation measures and conditions of approval have been incorporated to help mitigate noise which includes but is not limited to: � All construction activities including engine warm-up shall be limited to Monday through Friday, between the hours of 7:00 a.m. and 7:00 p.m. to minimize noise impacts on nearby residents. Back-up beepers shall be adjusted to the lowest allowable levels. Contractors shall implement noise-reducing measures during construction when occupied residences or other sensitive receptors are located within 500 feet. (Mitigation Measure NOI-1) � The Project shall comply with the noise standards identified in Section 41.11 of the Zoning Ordinance, including, but not limited to: maximum non-construction project-related noise levels shall not exceed: (a) 55 dBA between the hours of 7:00 a.m. to 10:00 p.m. and 45 dBA between the hours of 10:00 p.m. to 7:00 a.m. adjacent to residential districts; and (b) 60 dBA between the hours of 7:00 a.m. to 10:00 p.m. and 55 dBA between the hours of 10:00 p.m. to 7:00 a.m. adjacent to commercial districts at the property lines as outlined in Table 11.1. Should the Project exceed these noise standards during construction or operational phases, noise-generating activities shall cease until noise attenuation measures are implemented such that the Project is compliant with noise standards. (Mitigation Measure NOI-1) � If the Community Development Department receives substantial noise complaints, the permit holder shall have an Acoustical (Noise) Analysis performed by a qualified professional. Said study shall include mitigation measures to reduce such sounds to acceptable levels and to conform to all Federal, State and local agency requirements. � No use shall generate ground vibration which is perceptible without instruments beyond the lot line. Ground vibrations caused by motor vehicles, aircraft, temporary construction work, or agricultural equipment are exempt from these standards. � Devices which generate electromagnetic interference shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Public utilities shall comply with all applicable state and federal regulations. Project Description Applicant: Thomas Jordan (Tribal Administrator) Owner: Scotts Valley Band of Pomo Indians Location: 7130 Red Hills Rd, Kelseyville, CA APN: 009-021-07 Parcel Size: +34.58 General Plan: Rural Residential and Community Commercial Zoning: Rural Residential (24.5+ ac.); Highway Commercial (10.5+ ac.), Scenic Combining District, Design Review Combining District Flood Zone: Not within a known Flood Zone Fire Zone: High Fire Severity Zone Earthquake Failure Zones: Not within a known fault zone Dam Failure Inundation Zone: Not within a dam failure zone II. PROJECT ANALYSIS General Plan Conformance The land use designation on this site is Rural Residential and Community Commercial: Rural Residential: This land use category is designed to provide single-family residential development in a semirural setting with small scale agriculture activities. This land use category is designed to act as a buffer between the urban residential development and the agricultural area of the County. Community Commercial: This land use category is to provide a full range of commercial retail and service commercial establishments serving multiple neighborhoods or the entire community. County of Lake General Plan (2008) - Chapter 3.8 9 Industrial Development Goal LU -5: To designate adequate land for and promote development of industrial uses to meet the present and future needs of the Lake County residents for jobs and able to maintain economic viability. Policy LU 5.1 (Industrial Development): "The County shall encourage a wide range of industrial development activities in appropriate locations to promote economic development, employment opportunities and provide a sound tax base. General Plan Response: The proposed commercial/industrial use is located in an appropriately zoned area of the County as the proposed use is permitted in accordance to Article 27, section 27.11, Table B, Item X, "Power Generation Facility" upon securing a Major Use Permit. Additionally, the surrounding parcels range in size from approximately five (5) acres to greater than 400 acres in size and are developed with commercial/agricultural uses, and ranchette/single family dwellings. The proposed use would create employment opportunities in the form of one full time position to maintain a 24-hour operation and help improve a tax base through commercial improvements on the project parcel. Kelseyville Area Plan The purpose of the Kelseyville Area Plan is to provide guidance regarding the long-term growth and development of the Kelseyville, Finley and Big Valley areas and other surrounding rural lands. The Area Plan is a tool by which greater planning detail is provided for the Kelseyville area. Objective 5.1(b): "To designate appropriate amounts of land for uses to accommodate projected growth rates in the Kelseyville area for the next 20 years. The land use map shall designate sufficient lands to accommodate a balance of land uses subject to environmental and public service constraints. Policy 5.1b-1: "A high priority shall be given to providing services and employment opportunities locally in the Kelseyville Planning Area in order to boost economic development and reduce travel time". Kelseyville Area Plan Response: The proposed commercial/industrial use is located in an appropriately zoned area of the County as the surrounding parcels range in size from approximately five (5) acres to greater than 400 acres in size and are developed with commercial/agricultural uses, and ranchette style single family dwellings. The proposed use would create employment opportunities in the form of one full time position to maintain a 24-hour operation and help improve a tax base of the Kelseyville Area through commercial improvements on the project parcel. This project is consistent with the Lake County General Plan, Kelseyville Area Plan and the Lake County Zoning Ordinance as a "Power Generation Facility" is a permitted use in the "RR" Rural Residential upon issuance Major Use Permit pursuant to Article 27, Table B(x) of the Lake County Zoning Ordinance. On September 11, 2019 the Scotts Valley Band of Pomo Indians submitted a major use permit to the Community Development for review and approval. Zoning Ordinance Conformance The proposal must meet the applicable requirements found within Lake County Zoning Ordinance for the following Articles: Article 8 - Rural "RR Residential Zoning District: The purpose of Rural Residential is to provide single-family residential development in a semi-rural setting along with limited agriculture. � Response: Pursuant to Article 27 of the Lake County Zoning Ordinance, there are a variety of commercial and/or industrial uses permitted in the "RR" Zoning District upon securing a minor and/or major use permit, including a "Power Generation facility" [Article 27, Table B(x)]. Article 53 Design "DR" Review Combining District: The purpose of the Design Review Combining District is to insure aesthetic compatibility between uses, protect and enhance property values, protect scenic qualities, and promote community character through use of community design manuals. � Response: The project is located approximately 900 feet from the intersection of State Highway 29 and Red Hills Road. The proposed infrastructure would be designed, including the use of earth tones colors, and situated in manner, to help minimize the visual impacts with using the natural topography. Article 34 "SC" "To protect and enhance the views of scenic areas .... The monitoring of the public and recreational base of the county. Highway 29 is in the Scenic Corridor, however, staff has analyzed the distance from the intersection of Red Hills Road and Highway 29 and determined the proposed project is approximately 900 feet from the roadway of Highway 29 and approximately 145 feet from Red Hills Road. III. APPEAL SUBMITTAL The Appellant submitted an application for appeal to the Board, along with the required fee and narrative providing the Appellant's basis for appeal.

Recommended Action

Staff recommends that the Board of Supervisors take the following actions: A. Deny appeal AB 20-01. B. Adopt mitigated negative declaration (IS 19-09) for Major Use Permit (UP 19-05) with the following findings: 1. Potential environmental impacts related to Aesthetics have been mitigated to less than significant levels by mitigation measures AES-1, AES-2, and AES-3. 2. Potential environmental impacts related to Air Quality have been mitigated to less than significant levels by mitigation measures AIR-1, AIR-2, AIR-3, and AIR-4. 3. Potential environmental impacts related to Cultural and Tribal resources have been mitigated to less than significant levels by Mitigation Measures CUL-1 and CUL-2. 4. Potential environmental impacts related to Geology and Soils have been mitigated to less than significant levels by Mitigation Measures GEO-1, GEO-2, GEO-3, and GEO-4. 5. Potential environmental impacts related to Hazards and Hazardous Materials have been mitigated to less than significant levels by mitigation measure HAZ-1, HAZ-2, HAZ-3, and HAZ-4 6. Potential environmental impacts related to Hydrology and Water Quality have been mitigated to less than significant levels by Mitigation Measure HYD-1. 7. Potential environmental impacts related to Noise have been mitigated to less than significant levels by Mitigation Measures NOI-1 and NOI-2. 8. Potential environmental impacts related to Wildfire have been mitigated to less than significant levels by Mitigation Measures FIRE-1. 9. The project is consistent with land uses in the vicinity. 10. This project is consistent with the Lake County Zoning Ordinance, Lake County General Plan, Kelseyville Area Plan, and Zoning Ordinance. 11. As mitigated, this project will not result in any significant adverse environmental impacts. C. Approve Major Use Permit, UP 19-05 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from public health, safety or general welfare basis. Sample motion: Appeal Denial I move that the Board of Supervisors make an intended decision to deny the Appeal AB 20-01 and uphold the Planning Commission's decision to adopt Initial Study IS 19-09 and approve Major Use Permit 19-05 as applied for by Thomas Jordan for property located at 7130 Red Hills Road, Kelseyville, CA 95451; APN number 009-021-07, and direct County Counsel to prepare findings of fact.

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 Economic Development

Original memo text
Memorandum Date: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Scott De Leon, Interim Community Development Director Toccarra Thomas, Deputy Director Mark Roberts, Principal Planner Victor Fernandez, Assistant Planner Subject: Appeal to Board of Supervisors, AB 20-01 of Major Use Permit, UP 19-05 and Initial Study, IS 19-09 (APN 009-021-07) Exhibits: A. Vicinity Map B. AB 20-01 Application including Appellant's Attachments C. Planning Commission Staff Report with Attachments (February 24, 2020) D. Planning Commission Minutes from April 23, 2020 Public Hearing E. Letters of Support F. Letters of Concern G. Applicant's (Scotts Valley Band of Pomo) Response to Appeal AB 20-01 H. Project Description Packet I. Lake County Chamber of Commerce (LCCC) Letter (August 5, 2020) Executive Summary: (include fiscal and staffing impact narrative): The Appellant, Clint Nelson, is appealing the Planning Commission's April 23, 2020 decision to adopt a Mitigated Negative Declaration and approve a Major Use Permit (Files No. UP 19-05 and IS 19-09), which if approved would allow for the development of a small-scale bioenergy production facility using the Artis system at 7130 Red Hills Rd., Kelseyville (APN 009-021-07). Background On February 11, 2019 Thomas Jordan (Tribal Administrator for Scotts Valley Band of Pomo Indians) submitted a Major Use Permit application for a Power Generation Facility located at 7130 Red Hills Rd., Kelseyville. On April 23, 2020, the Planning Commission approved Major Use Permit (UP 19-05) located at 7130 Red Hills Rd., Kelseyville, CA. The Planning Commission found that the Initial Study (IS 19-09) for the project parcel would not have a significant impact on the environment with the incorporated mitigation measures and adopted a Mitigated Negative Declaration. The project proposes the development of a small-scale bioenergy facility using the Artis System. The system contains no open flame components and is a sealed system which uses programmable electric heaters to achieve optimal temperatures. The operation would occur within a 2,000-square foot enclosed structure on a 40' x 50' six-inch thick concrete pad. The sides of the metal building will be 10' high with 18' wide roll-up doors and one pedestrian entrance. Additionally, a 28,000 square foot storage area that will be used to process and house the production plant's feedstock would be allowed. The storage area will consist of a 6" pad of wood chips used for surfacing to ensure that soil erosion will not occur in the winter season as well as ensure that rock and related material will not be carried to the production plant. All operation facilities are located approximately 900 feet from Highway 29 and approximately 140 feet from Red Hills Road. According to the applicant, the plant will operate 24 hours per day, seven days per week except when it is shut down for scheduled maintenance, on average, one day per week. Additionally, the operation is highly automated with system safeguards in place to shut the operation down in the event of a malfunction. Employees will be working 5.5 hours per day, seven days a week on a split-shift schedule. The operator will be responsible for chipping feedstock, feeding the hopper, packaging biochar and monitoring the plant's operation. (Refer to Exhibit H - Project Description Packet for further details.) Zoning of Subject Site and Vicinity Basis of the Appeal The appeal to the above noted approval of Major Use Permit (UP 19-05) was filed on April 29, 2020 with the Community Development Department (CDD). Clint Nelson on behalf of the Red Hills AVA Stakeholders (The Appellant) submitted a written statement dated April 29, 2020 detailing the reasoning of the appeal. According to the appellant's statements, the reasons for the appeal includes but is not limited to the following: (Refer to Exhibit B for details.) 1. According to the applicant's submittal, "It is fair to say that issues discussed were either nonchalantly declared 'mitigated' without the ability to enforce or quickly dismissed as this project appeared to be fast-tracked through the approval process." Response: The Major Use Permit UP 19-05, was submitted to the CDD on February 11, 2019. During the review process, the application was sent to various Federal, State and local agencies for commenting in February 2019 and July 2019. During the course of the review period, agency comments were received, and an incomplete letter was sent out on March 14, 2019, requesting additional information. In April 2019, the applicant met with the (CDD), and indicated they are reducing the project size and will be submitting revised plans. Additionally, the applicant decided to hire an environmental consultant to prepare an Initial Study to comply with all California Environmental Quality Act (CEQA) requirements. The CDD worked closely with the environmental consultant in preparing the environmental document. Once the CDD made the necessary corrections to the Initial Study, it was sent out to the State Clearing House in accordance with CEQA and the required 30 day review. During the 30 day review period the CDD sent out the Notice of Intent to various Federal, State and local agencies for commenting including the surrounding property owners within 725 feet of the project parcel. 2. According to the appellant's submittal, "this project is deliberately abusing the zoning system that is currently in-place while simultaneously setting a precedent which should be considered unacceptable." Response: Pursuant to Article 8 "Rural Residential" of the Lake County Zoning Ordinance Section 8.5(l), "Those uses permitted in the 'RR' district with a major use permit in Table B, Article 27." Pursuant to Article 27, section 27.11, Table B, Item X, "Power Generation Facility" is an allowable use within the Rural Residential zoning district upon securing a Major Use Permit. On February 11, 2019, the applicant submitted a Major Use Permit Application (UP 19-05) to the Community Development Department. 3. According to the appellant's submittal, "The chipping, grinding, generator usage, trucking, overall noise, dust impacts and visuals for all intents and purposes turn a quaint rural residential area into an industrial complex." Response: The project parcel is surrounded by commercial-agricultural uses which includes vineyards and orchards. The project parcel is zoned Rural Residential (RR), which in accordance to Article 27, section 27.11, Table B, Item X, permits "Power Generation Facility" as an allowable use within the Rural Residential zoning district upon securing a major use permit. On February 11, 2019, the applicant submitted a Major Use Permit Application (UP 19-05) to the Community Development Department. 4. According to the appellant's submittal, "Ultra-premium wines are incredibly sensitive to odors and smoke which cause foul tastes and smells termed taint." Additionally, "the trucking, grinding, chipping, and unloading of woody debris all create serious threats to the wellbeing of surrounding vineyards as dust is known to transport both pests and diseases into vineyards." Response: According to the Property Management Plan, all chipping and the processing of wood and/or byproducts will be enclosed within a structure. Additionally, the Community Development Department has completed an environmental analysis (IS 19-09) and mitigation measures and conditions of approval have been incorporated to reduce dust and odors which includes but is not limited to: � Prior to operation, the primary access roads and parking area shall be constructed, surfaced and maintained with an all-weather surface of asphaltic concrete or concrete unless another all-weather surface is approved by the review authority to minimize dust impacts to the public, visitors and road traffic. All areas subject to semi-truck/trailer traffic shall require asphaltic concrete paving or equivalent to prevent fugitive dust generation. Gravel surfacing may be adequate for low use/overflow driveways and parking areas if it receives regular palliative treatment. The use of white rock for surfacing is prohibited. (Mitigation Measure AIR-2) � Dust control measures shall be implemented to minimize fugitive dust emissions from the Project Site. Dust control measures may consist of approved chemical, structural, or mechanical methods and shall be reapplied at the necessary intervals to prevent wind erosion. (Mitigation Measure AIR-2) � Prior to any ground disturbance, the permittee shall submit a Dust Mitigation Plan to the Lake County Air Quality Management District for review and approval and submit a copy of the approved plan to the Community Development Department. Said plan shall detail proposed dust control methods during and post constructions, including the source of water, equipment to be used. Applicant shall contact the Lake County Air Quality Management District for details. � The applicant shall submit an Asbestos Notification Form to the Lake County Air Quality Management District (LCAQMD) for any remodeling and/or demolition. Applicant shall contact the LCAQMD for details. o The National Emissions Standards for Hazardous Air Pollutants (NESHAP) for asbestos in buildings requires asbestos inspections by a Certified Asbestos Consultant for major renovations and all demolitions. A complete survey includes inspection of attic spaces, crawl spaces, areas with pipes or heating ducts and equipment. o An Asbestos Notification (with complete survey and lab report) must be submitted to the Lake County Air Quality Management District at least fourteen (14) days prior to beginning any renovations or demolition work. If regulated asbestos is found, the facility must be abated prior to demolition or renovation (where asbestos may be disturbed). � Base rock shall be placed on existing roadways during any initial grading to help minimize dust generation from vehicle traffic and development. Regular palliative treatment may be considered as an alternative to paving while being developed. � Construction and/or work practices that involved masonry, gravel, grading activities, vehicular and fugitive dust shall be management by use of water or other acceptable dust palliatives to maintain two inches of visibly-moist soil in the project area and to ensure that dust does not leave the property. � All roads, trails and access routes shall be paved and/or adequately surfaced/managed to prevent dust generation. Surfacing/management shall occur prior to the construction and occupancy to minimize dust generation and track out issues. The LCAQMD shall approve of management practices. 5. According to the appellant's submittal, "The noise associated with trucking, chipping, grinding and generator usage will not only decrease adjacent homeowner's quality of life, but also potentially impact the ability for tasting rooms to deliver invaluable experiences needed to bring tourists and customers back to the area." Response: According to the Property Management Plan, the proposed use will be conducted within an enclosed structure which will help reduce noise to the surrounding area. All chipping and the processing of wood and/or byproducts will be enclosed within a structure. Additionally, the CDD has completed an environmental analysis (IS 19-09) and mitigation measures and conditions of approval have been incorporated to help mitigate noise which includes but is not limited to: � All construction activities including engine warm-up shall be limited to Monday through Friday, between the hours of 7:00 a.m. and 7:00 p.m. to minimize noise impacts on nearby residents. Back-up beepers shall be adjusted to the lowest allowable levels. Contractors shall implement noise-reducing measures during construction when occupied residences or other sensitive receptors are located within 500 feet. (Mitigation Measure NOI-1) � The Project shall comply with the noise standards identified in Section 41.11 of the Zoning Ordinance, including, but not limited to: maximum non-construction project-related noise levels shall not exceed: (a) 55 dBA between the hours of 7:00 a.m. to 10:00 p.m. and 45 dBA between the hours of 10:00 p.m. to 7:00 a.m. adjacent to residential districts; and (b) 60 dBA between the hours of 7:00 a.m. to 10:00 p.m. and 55 dBA between the hours of 10:00 p.m. to 7:00 a.m. adjacent to commercial districts at the property lines as outlined in Table 11.1. Should the Project exceed these noise standards during construction or operational phases, noise-generating activities shall cease until noise attenuation measures are implemented such that the Project is compliant with noise standards. (Mitigation Measure NOI-1) � If the Community Development Department receives substantial noise complaints, the permit holder shall have an Acoustical (Noise) Analysis performed by a qualified professional. Said study shall include mitigation measures to reduce such sounds to acceptable levels and to conform to all Federal, State and local agency requirements. � No use shall generate ground vibration which is perceptible without instruments beyond the lot line. Ground vibrations caused by motor vehicles, aircraft, temporary construction work, or agricultural equipment are exempt from these standards. � Devices which generate electromagnetic interference shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Public utilities shall comply with all applicable state and federal regulations. Project Description Applicant: Thomas Jordan (Tribal Administrator) Owner: Scotts Valley Band of Pomo Indians Location: 7130 Red Hills Rd, Kelseyville, CA APN: 009-021-07 Parcel Size: +34.58 General Plan: Rural Residential and Community Commercial Zoning: Rural Residential (24.5+ ac.); Highway Commercial (10.5+ ac.), Scenic Combining District, Design Review Combining District Flood Zone: Not within a known Flood Zone Fire Zone: High Fire Severity Zone Earthquake Failure Zones: Not within a known fault zone Dam Failure Inundation Zone: Not within a dam failure zone II. PROJECT ANALYSIS General Plan Conformance The land use designation on this site is Rural Residential and Community Commercial: Rural Residential: This land use category is designed to provide single-family residential development in a semirural setting with small scale agriculture activities. This land use category is designed to act as a buffer between the urban residential development and the agricultural area of the County. Community Commercial: This land use category is to provide a full range of commercial retail and service commercial establishments serving multiple neighborhoods or the entire community. County of Lake General Plan (2008) - Chapter 3.8 9 Industrial Development Goal LU -5: To designate adequate land for and promote development of industrial uses to meet the present and future needs of the Lake County residents for jobs and able to maintain economic viability. Policy LU 5.1 (Industrial Development): "The County shall encourage a wide range of industrial development activities in appropriate locations to promote economic development, employment opportunities and provide a sound tax base. General Plan Response: The proposed commercial/industrial use is located in an appropriately zoned area of the County as the proposed use is permitted in accordance to Article 27, section 27.11, Table B, Item X, "Power Generation Facility" upon securing a Major Use Permit. Additionally, the surrounding parcels range in size from approximately five (5) acres to greater than 400 acres in size and are developed with commercial/agricultural uses, and ranchette/single family dwellings. The proposed use would create employment opportunities in the form of one full time position to maintain a 24-hour operation and help improve a tax base through commercial improvements on the project parcel. Kelseyville Area Plan The purpose of the Kelseyville Area Plan is to provide guidance regarding the long-term growth and development of the Kelseyville, Finley and Big Valley areas and other surrounding rural lands. The Area Plan is a tool by which greater planning detail is provided for the Kelseyville area. Objective 5.1(b): "To designate appropriate amounts of land for uses to accommodate projected growth rates in the Kelseyville area for the next 20 years. The land use map shall designate sufficient lands to accommodate a balance of land uses subject to environmental and public service constraints. Policy 5.1b-1: "A high priority shall be given to providing services and employment opportunities locally in the Kelseyville Planning Area in order to boost economic development and reduce travel time". Kelseyville Area Plan Response: The proposed commercial/industrial use is located in an appropriately zoned area of the County as the surrounding parcels range in size from approximately five (5) acres to greater than 400 acres in size and are developed with commercial/agricultural uses, and ranchette style single family dwellings. The proposed use would create employment opportunities in the form of one full time position to maintain a 24-hour operation and help improve a tax base of the Kelseyville Area through commercial improvements on the project parcel. This project is consistent with the Lake County General Plan, Kelseyville Area Plan and the Lake County Zoning Ordinance as a "Power Generation Facility" is a permitted use in the "RR" Rural Residential upon issuance Major Use Permit pursuant to Article 27, Table B(x) of the Lake County Zoning Ordinance. On September 11, 2019 the Scotts Valley Band of Pomo Indians submitted a major use permit to the Community Development for review and approval. Zoning Ordinance Conformance The proposal must meet the applicable requirements found within Lake County Zoning Ordinance for the following Articles: Article 8 - Rural "RR Residential Zoning District: The purpose of Rural Residential is to provide single-family residential development in a semi-rural setting along with limited agriculture. � Response: Pursuant to Article 27 of the Lake County Zoning Ordinance, there are a variety of commercial and/or industrial uses permitted in the "RR" Zoning District upon securing a minor and/or major use permit, including a "Power Generation facility" [Article 27, Table B(x)]. Article 53 Design "DR" Review Combining District: The purpose of the Design Review Combining District is to insure aesthetic compatibility between uses, protect and enhance property values, protect scenic qualities, and promote community character through use of community design manuals. � Response: The project is located approximately 900 feet from the intersection of State Highway 29 and Red Hills Road. The proposed infrastructure would be designed, including the use of earth tones colors, and situated in manner, to help minimize the visual impacts with using the natural topography. Article 34 "SC" "To protect and enhance the views of scenic areas .... The monitoring of the public and recreational base of the county. Highway 29 is in the Scenic Corridor, however, staff has analyzed the distance from the intersection of Red Hills Road and Highway 29 and determined the proposed project is approximately 900 feet from the roadway of Highway 29 and approximately 145 feet from Red Hills Road. III. APPEAL SUBMITTAL The Appellant submitted an application for appeal to the Board, along with the required fee and narrative providing the Appellant's basis for appeal. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☒ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Staff recommends that the Board of Supervisors take the following actions: A. Deny appeal AB 20-01. B. Adopt mitigated negative declaration (IS 19-09) for Major Use Permit (UP 19-05) with the following findings: 1. Potential environmental impacts related to Aesthetics have been mitigated to less than significant levels by mitigation measures AES-1, AES-2, and AES-3. 2. Potential environmental impacts related to Air Quality have been mitigated to less than significant levels by mitigation measures AIR-1, AIR-2, AIR-3, and AIR-4. 3. Potential environmental impacts related to Cultural and Tribal resources have been mitigated to less than significant levels by Mitigation Measures CUL-1 and CUL-2. 4. Potential environmental impacts related to Geology and Soils have been mitigated to less than significant levels by Mitigation Measures GEO-1, GEO-2, GEO-3, and GEO-4. 5. Potential environmental impacts related to Hazards and Hazardous Materials have been mitigated to less than significant levels by mitigation measure HAZ-1, HAZ-2, HAZ-3, and HAZ-4 6. Potential environmental impacts related to Hydrology and Water Quality have been mitigated to less than significant levels by Mitigation Measure HYD-1. 7. Potential environmental impacts related to Noise have been mitigated to less than significant levels by Mitigation Measures NOI-1 and NOI-2. 8. Potential environmental impacts related to Wildfire have been mitigated to less than significant levels by Mitigation Measures FIRE-1. 9. The project is consistent with land uses in the vicinity. 10. This project is consistent with the Lake County Zoning Ordinance, Lake County General Plan, Kelseyville Area Plan, and Zoning Ordinance. 11. As mitigated, this project will not result in any significant adverse environmental impacts. C. Approve Major Use Permit, UP 19-05 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from public health, safety or general welfare basis. Sample motion: Appeal Denial I move that the Board of Supervisors make an intended decision to deny the Appeal AB 20-01 and uphold the Planning Commission's decision to adopt Initial Study IS 19-09 and approve Major Use Permit 19-05 as applied for by Thomas Jordan for property located at 7130 Red Hills Road, Kelseyville, CA 95451; APN number 009-021-07, and direct County Counsel to prepare findings of fact.
On motion of Supervisor Sabatier, and by vote of the Board, continued the hearing to the September 15, 2020 at 10:00am Board of Supervisors Meeting. The motion carried by the following vote: Ayes- Supervisors: 4 - Sabatier, Scott, Brown and Simon Recused- Supervisor: 1 - Crandell
Clerk’s notes: All parties to the hearing were sworn in by the Clerk. Deputy Director of Community Development Toccarra Thomas introduced the item to the Board. County Counsel Anita Grant, Thomas Jordan, Principal Planner Mark Roberts, Air Pollution Control Officer Doug Gerhart, John Kinsey, Clint Nelson, and Matthew Walter spoke. Chair Simon asked if anyone present wished to speak and the following people spoke via Zoom: Terre Logsdon, Clay Shannon, Gabriel Ray, and Greg Gilbert. The following person present in the Board of Supervisors Chambers spoke: Joan Moss. No one else wished to speak and the public input portion of this item was closed.
6.511:30 A.M. - Consideration of Letter to Senator McGuire and Assemblymember Aguiar-Curry regarding the Vape Tax proposal presently under consideration Action Item Motion carried
Carried 4-0 — moved by Scott
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: absent
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Tina Scott, District 4 Supervisor · Subject: 11:30 A.M. - Consideration of Letter to Senator McGuire and Assemblymember Aguiar-Curry regarding the Vape Tax proposal presently under consideration

Executive Summary

(include fiscal and staffing impact narrative): As Board representative to our First 5 Lake Commission, I am requesting our Board consider the attached letter, to be sent to Senator McGuire and Assemblymember Aguiar-Curry, in support of our local First 5 and its need for Vape Tax revenues to continue providing critical services to young children and their families in our community.

Recommended Action

Approve Letter to Senator McGuire and Assemblymember Aguiar-Curry regarding the Vape Tax proposal presently under consideration, authorizing 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: Well-being of Residents Community Collaboration

Original memo text
Memorandum Date: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Tina Scott, District 4 Supervisor Subject: 11:30 A.M. - Consideration of Letter to Senator McGuire and Assemblymember Aguiar-Curry regarding the Vape Tax proposal presently under consideration Executive Summary: (include fiscal and staffing impact narrative): As Board representative to our First 5 Lake Commission, I am requesting our Board consider the attached letter, to be sent to Senator McGuire and Assemblymember Aguiar-Curry, in support of our local First 5 and its need for Vape Tax revenues to continue providing critical services to young children and their families in our community. 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 to Senator McGuire and Assemblymember Aguiar-Curry regarding the Vape Tax proposal presently under consideration, authorizing the Chair to sign.
On motion of Supervisor Scott, and by vote of the Board, approved Letter to Senator McGuire and Assemblymember Aguiar-Curry regarding the Vape Tax proposal presently under consideration. The motion carried by the following vote: Ayes- Supervisors: 4 - Crandell, Scott, Brown and Sabatier Absent- Supervisor: 1 - Simon
Clerk’s notes: Supervisor Scott presented the item to the Board. Carla Ritz spoke. Acting Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.611:45 A.M. - (a) Report on the status of preparations for the November 3, 2020 election, and (b) Request for the use of the Board chambers for elections purposes on November 3, 2020 Action Item Motion carried
Carried 4-0 — moved by Crandell
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: absent
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Maria Valadez, Registrar of Voters · Subject: (a) Report on the status of preparations for the November 3, 2020 election, and (b) Request for the use of the Board chambers for elections purposes on November 3, 2020

Executive Summary

(include fiscal and staffing impact narrative): I am requesting an opportunity to report to your Board on the status of preparations, in light of the ongoing pandemic, for the November 3, 2020 election. In addition, in light of the need to make special arrangements to enable constituents to vote in person safely, with proper social distancing in place, I am requesting the use of the Board chambers on November 3, 2020. The use of the Board chambers would enable the setup of voting stations in the larger space, rather than in the cramped hallway area on the second floor. Admittedly, this is an extraordinary request and would necessitate that your Board meet in Zoom. But at this time, many constituents are expressing their intention to vote in-person and this one-time accommodation would increase our capacity to support in-person voting during the pandemic.

Recommended Action

(a) Report only (b) Approve use of the Board chambers for voting purposes on November 3, 2020

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 County Workforce Business Process Efficiency

Original memo text
Memorandum Date: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Maria Valadez, Registrar of Voters Subject: (a) Report on the status of preparations for the November 3, 2020 election, and (b) Request for the use of the Board chambers for elections purposes on November 3, 2020 Executive Summary: (include fiscal and staffing impact narrative): I am requesting an opportunity to report to your Board on the status of preparations, in light of the ongoing pandemic, for the November 3, 2020 election. In addition, in light of the need to make special arrangements to enable constituents to vote in person safely, with proper social distancing in place, I am requesting the use of the Board chambers on November 3, 2020. The use of the Board chambers would enable the setup of voting stations in the larger space, rather than in the cramped hallway area on the second floor. Admittedly, this is an extraordinary request and would necessitate that your Board meet in Zoom. But at this time, many constituents are expressing their intention to vote in-person and this one-time accommodation would increase our capacity to support in-person voting during the pandemic. 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) Report only (b) Approve use of the Board chambers for voting purposes on November 3, 2020
(a) Report Only. (b) On motion of Supervisor Crandell, and by vote of the Board, approved the use of the Board chambers for elections purposes on November 3, 2020. The motion carried by the following vote: Ayes- Supervisors: 4 - Crandell, Scott, Brown and Sabatier Absent- Supervisor: 1 - Simon
Clerk’s notes: Registrar of Voters Maria Valadez presented the item to the Board. Diane Fridley spoke. Acting 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. Non-Timed Items

7.1Supervisors’ weekly calendar, travel and reports
7.2Second Reading - Adopt Ordinance of the County of Lake to Provide for Graduated Levels of Enforcement of Public Health Orders Through Education and Training and the Imposition of Administrative Fines Action Item Motion carried
Carried 4-1 — moved by Crandell
Brown: nay Crandell: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Eddie Crandell, District 3 Supervisor · Subject: Second Reading - Adopt Ordinance of the County of Lake to Provide for Graduated Levels of Enforcement of Public Health Orders through Education and Training and the Imposition of Administrative Fines

Executive Summary

(include fiscal and staffing impact narrative): The first reading of the ordinance occurred on August 11, 2020. This is the second reading. The ordinance may be offered for passage.

Recommended Action

Offer Ordinance of the County of Lake to Provide for Graduated Levels of Enforcement of Public Health Orders through Education and Training and the Imposition of Administrative Fines

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: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Eddie Crandell, District 3 Supervisor Subject: Second Reading - Adopt Ordinance of the County of Lake to Provide for Graduated Levels of Enforcement of Public Health Orders through Education and Training and the Imposition of Administrative Fines Executive Summary: (include fiscal and staffing impact narrative): The first reading of the ordinance occurred on August 11, 2020. This is the second reading. The ordinance may be offered for passage. 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: Offer Ordinance of the County of Lake to Provide for Graduated Levels of Enforcement of Public Health Orders through Education and Training and the Imposition of Administrative Fines
a) Supervisor Crandell offered the ordinance and it was passed by roll call vote: Ayes- Supervisors: 3 - Crandell, Scott, and Simon Nays- Supervisors: 2 - Sabatier and Brown b) On motion of Supervisor Crandell, and by vote of the Board, moved to reassess and discuss the Ordinance on December 1, 2020. The motion carried by the following vote: Ayes- Supervisors : 4 - Sabatier, Crandell, Scott, and Simon Nays- Supervisor: 1 - Brown
Clerk’s notes: Supervisor Crandell presented the item to the Board. County Counsel Anita Grant spoke. Chair Simon asked if anyone present wished to speak and the following people spoke via Zoom: Haji Warf, Greg Rogers, Dee Parker, Michael Green, Frank Duloso, Johnny Garcia. The following people present in the Board of Supervisors Chambers spoke: Paula Munay, Denise Lewis, and Val Lancaster. No one else wished to speak and the public input portion of this item was closed.
7.3Consideration of the following appointment: Mental Health Board Appointment Motion carried
Carried 4-0 — moved by Brown
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: absent
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Johanna DeLong, Assistant Clerk of the Board · Subject: Consideration of Advisory Board Appointment Executive Summary:

Executive Summary

Mental Health Board: 1 Vacancy - (1) General Membership Application received: Chelsea Newton - New Application ..Recommended Action RECOMMENDED ACTION: Appoint qualified applicant to the selected Advisory Boards.

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

Strategic priorities: Community Collaboration

Original memo text
..Title ..Body MEMORANDUM Date: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Johanna DeLong, Assistant Clerk of the Board Subject: Consideration of Advisory Board Appointment Executive Summary: Mental Health Board: 1 Vacancy - (1) General Membership Application received: Chelsea Newton - New Application If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? ..Recommended Action RECOMMENDED ACTION: Appoint qualified applicant to the selected Advisory Boards.
On motion of Supervisor Brown, and by vote of the Board, appointed Chelsea Newton to the Mental Health Advisory Board. The motion carried by the following vote: Ayes- Supervisors: 4 - Crandell, Scott, Brown and Sabatier Absent- Supervisor: 1 - Simon
Clerk’s notes: Supervisor Brown presented the item to the Board. Acting Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.4Consideration of Request to Waive Competitive Bidding Requirements and Authorization to issue a Purchase Order for the Purchase of an Elgin Street Sweeper for County Road Maintenance to Sourcewell, in the amount of $276,715.30 and authorize the Chair to sign. Action Item approved — Pass
Carried 4-0 — moved by Brown
Brown: aye Crandell: aye Sabatier: aye Scott: aye Simon: absent
Staff memo

Date: August 18, 2020 · To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors · From: Scott De Leon, Public Works Director · Subject: Request to Waive Competitive Bidding Requirements and Authorization to issue a Purchase Order for the Purchase of an Elgin Street Sweeper for County Road Maintenance to Sourcewell, in the amount of $276,715.30 and authorize the Chair to sign.

Executive Summary

(include fiscal and staffing impact narrative): The adopted FY 20/21 budget for the ISF Heavy Equipment Division of the Public Works Department includes an appropriation for the replacement of our street sweeper. The current machine is a 2002 model with over 26,000 hours. The appropriation and authorization to purchase these pieces of equipment prior to the adoption of the final County budget was approved by your Board on June 16th, 2020. Staff has utilized Sourcewell, previously known as the National Joint Powers Alliance (NJPA), to secure a price quotation for the sweeper. The new sweeper is an Elgin Crosswind, and will be purchased through Budget Unit 9908 - ISF Equipment Replacement for a total price of $276,715.30. This price includes delivery to Lake County and sales tax. A copy of the bid, including the machine's specifications is attached.

Recommendation

Staff recommends that the Board of Supervisors: a) waive the normal bidding process for the new street sweeper, per Ordinance #2406, Purchasing Code No. 38.4 Cooperative Purchases, with the determination Sourcewell meets the requirements of said Purchasing Code, and b) authorize the Public Works Director / Assistant Purchasing Agent to issue a purchase order not to exceed $276,715.30 for the Elgin Crosswind Street Sweeper. Which exemption is being requested? Purchasing Code No. 38.4 Cooperative Purchases Reason for request to waive bid? Sourcewell meets the requirements of said Purchasing Code

Recommended Action

Staff recommends that the Board of Supervisors: a) waive the normal bidding process for the new street sweeper, per Ordinance #2406, Purchasing Code No. 38.4 Cooperative Purchases, with the determination Sourcewell meets the requirements of said Purchasing Code, and b) authorize the Public Works Director / Assistant Purchasing Agent to issue a purchase order not to exceed $276,715.30 for the Elgin Crosswind Street Sweeper.

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: August 18, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Scott De Leon, Public Works Director Subject: Request to Waive Competitive Bidding Requirements and Authorization to issue a Purchase Order for the Purchase of an Elgin Street Sweeper for County Road Maintenance to Sourcewell, in the amount of $276,715.30 and authorize the Chair to sign. Executive Summary: (include fiscal and staffing impact narrative): The adopted FY 20/21 budget for the ISF Heavy Equipment Division of the Public Works Department includes an appropriation for the replacement of our street sweeper. The current machine is a 2002 model with over 26,000 hours. The appropriation and authorization to purchase these pieces of equipment prior to the adoption of the final County budget was approved by your Board on June 16th, 2020. Staff has utilized Sourcewell, previously known as the National Joint Powers Alliance (NJPA), to secure a price quotation for the sweeper. The new sweeper is an Elgin Crosswind, and will be purchased through Budget Unit 9908 - ISF Equipment Replacement for a total price of $276,715.30. This price includes delivery to Lake County and sales tax. A copy of the bid, including the machine's specifications is attached. Recommendation Staff recommends that the Board of Supervisors: a) waive the normal bidding process for the new street sweeper, per Ordinance #2406, Purchasing Code No. 38.4 Cooperative Purchases, with the determination Sourcewell meets the requirements of said Purchasing Code, and b) authorize the Public Works Director / Assistant Purchasing Agent to issue a purchase order not to exceed $276,715.30 for the Elgin Crosswind Street Sweeper. 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? Purchasing Code No. 38.4 Cooperative Purchases How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Sourcewell meets the requirements of said Purchasing Code Recommended Action: Staff recommends that the Board of Supervisors: a) waive the normal bidding process for the new street sweeper, per Ordinance #2406, Purchasing Code No. 38.4 Cooperative Purchases, with the determination Sourcewell meets the requirements of said Purchasing Code, and b) authorize the Public Works Director / Assistant Purchasing Agent to issue a purchase order not to exceed $276,715.30 for the Elgin Crosswind Street Sweeper.
On motion of Supervisor Brown, and by vote of the Board, waived the Competitive Bidding Requirements and Authorization to issue a Purchase Order for the Purchase of an Elgin Street Sweeper for County Road Maintenance to Sourcewell, in the amount of $276,715.30 and authorized the Chair to sign. The motion carried by the following vote: Ayes- Supervisors: 4 - Crandell, Scott, Brown and Sabatier Absent- Supervisor: 1 - Simon
Clerk’s notes: Public Works Director Scott De Leon presented the item to the Board. Acting Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.

8. Closed Session

9. Adjournment