Board Of Supervisors — Tuesday, March 24, 2020

Memorandum Date: March 24, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Carol J. Huchingson, County Administrative Officer Subject: Approve Addition of Special Meeting to the Board's Annual Meeting Calendar for 2020 Executive Summary: (include fiscal and staffing impact narrative): I am recommending your Board make the following addition to your meeting calendar for 2020: March 31, 2020 Special Meeting 9:00 a.m. Location: Lake County Courthouse Board of Supervisors Chambers 255 N. Forbes Street Lakeport, CA. 95453 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 Special Board Meeting on March 31, 2020 at 9:00 a.m. The Clerk of the Board will notice this meeting per standard practice.

Memorandum Date: March 24, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Carol J. Huchingson, County Administrative Officer Subject: Approve Application for Proposition 64 Public Health & Safety Grant Executive Summary: (include fiscal and staffing impact narrative): The State of California has released a request for proposals for the Proposition 64 Health & Safety Grant. This is one of the primary programs permitting local jurisdictions to apply for discretionary cannabis tax revenue collected by the State of California. There is total available funding of $24.7 million, of which 20% is reserved exclusively for small counties that have not banned cannabis cultivation and retail sales. Local jurisdictions are able to request up to $1 million in funding. At least 10% of the proposal must be dedicated to Youth Development/Youth Prevention and Intervention, while the remainder can be used for: Public Health; Public Safety; and Environmental Impacts. Like other Proposition 64 grants, the State is offering a narrow application window, with this proposal being due April 3rd. Staff has been in contact with the State regarding a deadline extension in light of the impacts of the coronavirus but no decision has been made yet. If your Board wishes to pursue this funding, staff can prepare a proposal that requests the maximum funding available. If selected, a Board Resolution will be necessary to accept the funding. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☒ Economic Development ☐ Disaster Recovery ☐ County Workforce ☒ Revenue Generation ☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Approve Application for Proposition 64 Public Health & Safety Grant

Memorandum Date: March 24, 2020 To: The Honorable Moke Simon, Chair, LCAQMD Board of Directors From: Douglas Gearhart, APCO Subject: Authorize the APCO to sign and submit the Grant Agreement between the District and CARB for the Woodsmoke Reduction Program, operate a woodstove changeout program, and sign all other program documents. Executive Summary: The Woodsmoke Reduction Program (WRP) was established in FY 2016/2017 with funds appropriated from the Greenhouse Gas Reduction Fund for a statewide program replacing uncertified inefficient wood burning devices with cleaner burning and more efficient devices, resulting in greenhouse gas reductions with a co-benefit of reducing particulate and toxic pollutants. The WRP is an overly paper heavy and legalistic process to implement and administer due to the funding source and reporting requirements of the State. During the first year of implementation the District received $202,500 in project funds and completed 52 woodstove change outs. Nearly all change outs were wood to wood, but they went from uncertified woodstoves to certified woodstoves. Approximately 30% of the new woodstoves met the 2020 standard for emissions and efficiency. Several stoves changed from wood to propane fueled as well. The program is designed to help low income and environmental justice (EJ) areas. Under the state definition, we do not have any EJ areas, but we do have low income. As such our program policies and procedures provides maximum incentive to low income individuals and areas. For these we have set an initial voucher maximum of $5,000 for low income households. All applicants in low income communities can qualify for a voucher of $2,500, and all other qualified applicants can qualify for $1,000. The program guidelines includes a goal of directing 75% of funds to low income areas. This funding cycle the District is only anticipating receiving $87,647.06 for projects, but this could change depending on the level of funds underutilized statewide. District staff will continue to pursue additional funds to be directed to Lake County. The District had two local installers during the first year of the program. We hope to keep at least 2 installers in the program, and will add others as we can when they meet all state program requirements. Attached is the Year 2 program workplan developed to comply with state guidelines. If the Board wishes us to continue to accept this program, we will be submitting these with the signed Grant Agreement to begin implementation of year 2 of the program. If not budgeted, fill in the blanks below only: Estimated Cost: 87,647.06__ Amount Budgeted: 87,647.06__ 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: That the Board of Directors authorize the APCO to sign and submit the Grant Agreement between the District and CARB for the Woodsmoke Reduction Program, operate a woodstove changeout program, and sign all other program documents.

Memorandum Date: March 24, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Industrial Hemp Ad Hoc Committee Subject: Adopt Ag Department Ordinance for Industrial Hemp Regulations Executive Summary: (include fiscal and staffing impact narrative): As the board is aware, the Industrial Hemp ad hoc committee submitted a zoning ordinance amendment so that applicants, residents, and everyone would be aware of where it was possible to grow industrial hemp, what properties were eligible, and what setbacks were required. This ordinance amendment will be back at the Board of Supervisors for possible approval on March 17, 2020. Today, the ad hoc committee has submitted to the Board of Supervisors an Ag Department ordinance proposing the rules and regulations for applicants to follow. These regulations cover what applicants must do prior to applying for a hemp license and also what applicants must do while actively cultivating hemp. Today, the board is recommended to approve the Industrial Hemp regulations and to have the ordinance's second reading on March 17, 2020. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☒ Economic Development ☐ Disaster Recovery ☒ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Adopt Ag Department Ordinance for regulating Industrial Hemp.

Memorandum Date: March 24, 2020 To: The Honorable Mike Simon, Chair, Lake County Board of Supervisors From: Lars Ewing, Public Services Director Subject: Adopt Resolution Authorizing the Public Services Director to submit applications to CalRecycle for all available grants for which the County of Lake is eligible. Executive Summary: (include fiscal and staffing impact narrative): The California Department of Resources Recycling and Recovery (CalRecycle) regularly solicits California local agencies for various recycling and solid waste diversion grant opportunities. Examples of programs funded in the County of Lake through these grants include household hazardous waste, tire amnesty, used oil/filter collection, and recycling education. In 2015 the Board of Supervisors approved a resolution authorizing the Public Services Director to submit applications to CalRecycle for all such grants for which the County of Lake is eligible for a period of five years. In that time the Public Services Department has applied for and been awarded the following grants that have contributed to the County's goal of meeting state-mandated diversion requirements: - Three two-year Household Hazardous Waste (HHW) grants totaling $66,437. These grants supported the education, information, and marketing of HHW events, provided staff training on handling and disposing HHW, and minimized the illegal disposal of such items. - Three two-year Tire Amnesty grants totaling $120,000. The amnesty grants allow residents, at no cost, to dispose of passenger tires at Lake County Waste Solutions transfer station in Lakeport or the South Lake Refuse and Recycling Center in Clearlake until grant funds were exhausted. As a result of these grants, 35,000 tires were diverted from the waste stream or illegal dumping. On a similar note, the Public Services Department recently applied for a waste tire cleanup grant through CalRecycle which, if awarded, will allow county staff and our local haulers to collect illegally dumped tires or tire piles from public roadways, waterways, parks, and certain private properties. - Five one-year Oil Payment Program grants totaling $146,276. These used oil and filter grants funded collection and proper disposal of used oil and filters from several collection sites around the county at no cost to the public. The grant is also used for education, supplies, signage and marketing for the sites. - Five one-year Beverage Container Recycling grants totaling $59,428. These grants allowed the County to partner with local schools to offer a school assembly for K-5 grade students, teachers, school staff and families to teach the importance of recycling, whether at home, at school or in their current (or future) workplace. Staff has prepared a similar resolution authorizing the Public Services Director to submit applications to CalRecycle for a period of five years from the date the resolution is approved. 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 Authorizing the Public Services Director to submit applications to CalRecycle for all available grants for which the County of Lake is eligible.

Memorandum Date: March 24, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Lars Ewing, Public Services Director Subject: (a) Waive the competitive bidding process in accordance with County Code Section 2-38.2 because the unique nature of the goods or services precludes competitive bidding for the repair of the elevator located in the Lake County Historic Courthouse Museum; and (b) Approve Agreement with Dream Ride Elevator in the amount of $92,310.00 and Authorize the Public Services Director / Assistant Purchasing Agent to sign. Executive Summary: (include fiscal and staffing impact narrative): The passenger elevator located in the Lake County Historic Courthouse Museum has reached the end of its useful life and is need of a complete overhaul of the machine room equipment, elevator doors, and the cab itself. The elevator cannot be used at this time due to a recent inspection determination. This elevator allows ADA and other personal access to the 2nd floor of the museum. At this time there is no alternate route for individuals with ambulatory restrictions. The allocation was budgeted during the FY19/20 mid-year budget process. Dream Ride Elevator has been providing comprehensive service and examinations to the five elevators in the County of Lake facilities inventory under a maintenance agreement since 2013. They are therefore familiar with this specific elevator and have provided quality and timely services throughout the duration of the agreement. Staff is recommending that the Board of Supervisors waive the competitive bid process based on Dream Ride Elevator's exclusive familiarity with the elevator and the unique nature of the services to be provided. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: $92,310.00 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? Ordinance #2406, County Code Section 2-38.2 How long has Agreement been in place? N/A When was purchase last rebid? N/A Reason for request to waive bid? Contractor's exclusive familiarity with the elevator and the need to expedite repairs Recommended Action: (a) Waive the competitive bidding process in accordance with County Code Section 2-38.2 because the unique nature of the goods or services precludes competitive bidding for the repair of the elevator located in the Lake County Historic Courthouse Museum; and (b) Approve Agreement with Dream Ride Elevator in the amount of $92,310.00 and Authorize the Public Services Director / Assistant Purchasing Agent to sign.

Memorandum Date: March 24, 2020 To: The Honorable Moke Simon, Chairman, Lake County Board of Supervisors From: Brian L. Martin, Sheriff/Coroner Subject: Approve the 2020/21 Department of Boating and Waterways Financial Aid Program Agreement in the amount of $315,312 to fund the Sheriff/Marine patrol budget unit 2205, and Authorize the Sheriff to Sign Executive Summary: The Department of Boating and Waterways has approved our financial aid application for Fiscal year 2020/21. Attached please find a copy of the contract for your review and approval. A minute order authorizing Sheriff Brian Martin to sign the Program Agreement and the quarterly reimbursement claims is required. Subvention monies from the State are utilized to fund the Sheriff/Marine Patrol budget 2205. 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 2020/21 Department of Boating and Waterways Financial Aid Program Agreement in the amount of $315,312 to fund the Sheriff/Marine patrol budget unit 2205, and Authorize the Sheriff to Sign.

Memorandum Date: March 24, 2020 To: The Honorable Moke Simon, Chairman, Lake County Board of Supervisors From: Brian L. Martin, Sheriff/Coroner/OES Director Subject: Approve sealed bid 20-08 for the purchase of radio equipment for the St. Helena Communications site and authorize the Sheriff/Coroner or his designee to issue a purchase order to Dailey Wells Communications Executive Summary: The Lake County Sheriff's Office utilizes two-way radio systems to communicate between deputy sheriffs in the field and with Central Dispatch. In order for these two-way radios to work effectively throughout the County, the Sheriff's Office has repeater systems strategically located throughout the County to try and maximize the coverage area. The areas of Hidden Valley, Middletown and Cobb Mountain area have been a weak link in the two-way radio communication system for the Lake County Sheriff's Office since the inception of its radio system. On February 25, 2020, the Lake County Board of Supervisors approved a contract with ComSites West to place a two-way radio repeater in their vault and an antenna on their communications tower on Mount Saint Helena. The Lake County Sheriff's Office has now identified the appropriate radio equipment to place in that particular vault and wishes to purchase that equipment in order to make that site a fully functionally two-way repeater site similar to our other two-way repeater sites such as Hunter, Seigler, Konocti and Lakeport. Once the Saint Helena Repeater is operational it will provide for better officer safety with the improved radio communications thus allowing the Lake County Deputy Sheriff's to provide better service to the residents in the Hidden Valley, Middletown and Cobb Mountain areas. On February 7, 2020, sealed bid #20-08 was issued to four communication vendors: Precision Wireless, Fisher Wireless, Day Wireless and Dailey Wells Communications. Our local vendor was unable to bid, one vendor did not respond, and the other two submitted bids. The bids are listed on the attached spreadsheet. It is the Sheriff's recommendation to award the bid to Dailey Wells as they were the only vendor that bid on all of the equipment listed on the scope of work. Funds are budgeted in the Sheriff/OES budget unit 2704, object code 62.74 and there is no cost to the County. It is anticipated there will need to be minor additional purchases once the installation is initiated, so it is requested the purchase order be increased by $1,000 to take into consideration any small items that may be needed to complete the installation. Shipping costs were estimated and actual costs may be higher. If not budgeted, fill in the blanks below only: Estimated Cost: __30,000 _ Amount Budgeted: _40,248____ 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 sealed bid 20-08 for the purchase of radio equipment for the St. Helena Communications site and authorize the Sheriff/Coroner or his designee to issue a purchase order to Dailey Wells Communications

Memorandum Date: March 24, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Crystal Markytan, Social Services Director Subject: Approve Second Amendment to Lease Agreement between County of Lake and Gary Weiser and Shelly Weiser for $15,000 per fiscal year, from July 1, 2020 to June 30, 2025 for office space rental at 4477 Moss Avenue, Unit C, Clearlake CA. Executive Summary: (include fiscal and staffing impact narrative): Lake County Department of Social Services (LCDSS) is amending the Lease Agreement with Gary Weiser and Shelly Weiser for the office space located at 4477 Moss Avenue, Unit C, in Clearlake to extend the Lease term for five (5) years. LCDSS has rented this space since 2008 and it currently houses the Welfare Fraud Investigation operation under contract with Lake County Probation. This Amendment increases the monthly rent by $122.88 and the monthly utility payment by $2.50 for a total cost of $1,250 per month. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☒ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☒ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Approve Second Amendment to Lease Agreement between County of Lake and Gary Weiser and Shelly Weiser for $15,000 per fiscal year, from July 1, 2020 to June 30, 2025; and authorize the Chair to sign. Thank you for your consideration.

Memorandum Date: March 24, 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

Memorandum Date: March 24, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Scott DeLeon, Eric Porter - Community Development Department Subject: Appeal to Board of Supervisors, AB 19-03 for Minor Use Permit MUP 18-10 (Sandtner/Frey Appeal) Exhibits: A - AB 19-03 Appeal Packet B - Planning Commission Staff Report and Attachments (May 13, 2019) C - Planning Commission Minutes (May 23, 2019) D - CalFire Email String from Battalion Chief Mike Wink (November 10, 2019) E - Public Resource Code 4290 and 4291 Report F - Conditions of Approval G - Site Plans H - Correspondence with Appellant's Attorney Executive Summary: (include fiscal and staffing impact narrative): The appellant, Brenda Frey represented by attorney Andre Ross, is appealing the Planning Commission's May 23, 2019 decision to adopt a Mitigated Negative Declaration (IS 18-28) and approve a Minor Use Permit (MUP 18-10) for the applicant Stephan Sandtner and the property owner Jason Oram. If approved, the use permit would allow an A-Type 2B (mixed light) commercial cannabis cultivation site within (3) 30' x 96' greenhouses, representing a total cultivation area of 8,640 square feet at 16983 Hofacker Lane, Lower Lake; APN number 012-056-44. Proposed water source is a 150,000 gallon rainwater catchment system consisting of (10) 15,000 gallon tanks. During the hearing, the Planning Commission took testimony, deliberated, then voted 3-0 (2 absentees) to approve Minor Use Permit (MUP 18-10) with changes to the condition of approval regarding water source to limit the applicant to a rainwater catchment system only for irrigation purposes. The reference to CalFire letter within the Planning Commission staff report was erroneous. At the time that MUP 18-10 was submitted, CalFire was conducting site visits to assure compliance with Public Resource Codes 4290 and 4291. Staff received a 12 page checklist from the CalFire representative that contained no recommendation, but did contain standards that applied to the private lane (Hofacker Lane). Following the Planning Commission's decision and this subsequent appeal, Mike Wink (CalFire Chief) submitted an email dated November 10, 2019 that indicated CalFire would not support a commercial cultivation project on Hofacker Lane because the lane did not meet CalFire 4290 and 4291 standards for width, overhead clearance and slope. The applicant will be required to improve Hofacker Lane as a condition of approval. That is one of the options available to the Board of Supervisors for consideration. Should the Board deny the appeal and approve the use permit, an additional condition of approval will be required to address PRC 4290 and 4291 compliance for Hofacker Lane. Points of the Appeal. The appellant has raised three points of concern within his appeal as noted below. Item 4 was initiated by staff following the Planning Commission's hearing. Appeal Item: 1. Original Condition No. H1 - poorly worded, confusing. 2. Property Owner's approval in question. 3. Homeowner's Association should be included in the process. Sandtner Site Plan Appeal Discussion Point 1 - Water. Condition No. H-1: (paraphrased) - the appellant stated that the Planning Commission added the word 'primary' to the proposed rainwater catchment system as the water source, which would have allowed the applicant to rely on well water 7 times during a 6-month period. Staff's Response: The Planning Commission ultimately amended condition H1 to state that the exclusive use of the rainwater catchment system as the sole irrigation water source for the commercial cannabis cultivation; this is stated in the revised conditions of approval for this action. The Planning Commission agreed that a condition requiring monitoring of the rainwater catchment system is needed, and that the monthly use of all water sources on site needs to be required within the Annual Report required by the conditions of approval. The applicant could have a one-time water delivery imported to his site, however this may occur with written consent by the Community Development Director on an 'emergency only' basis, since this is allowed to any other cultivator in Lake County via written request and written consent. Point 2 - Property Owner's Involvement. The Appellant's representative states: "Owner's Approval. The Staff Report dated May 13, 2019 regarding the Applicant's MUP 18-10 application is based on a potentially erroneous statement material fact with respect to the County of Lake's 'Property Owners Approval' requirement. The Appellant's representative then states: "With respect to the lawful and proper inquiry as to whether or not the Applicant's Project has obtained a valid approval of the Property Owner, the May 13th Staff Report states as follows: 'The applicant is working with the owner of record, Jason Oram, who is also co-applicant on this proposal.'" Staff's Response: The Property Owner of Record, Jason Oram, was the lead project proponent that addressed the Planning Commission during the Applicant's portion of the deliberation. Mr. Oram has passed a background check, has signed the application as 'owner', and has stated his support for the project, evidenced by the video testimony of the proceedings. The Property Owner has communicated with staff on multiple occasions during the use permit review process to advocate for the project and has served as a primary point of staff contact. Point 3 - The Homeowner's Association should be involved as Owner. The Pomo Lake Subdivision has a Homeowner's Association (HOA). The appellant appears to state that approval of the Homeowner's Association is germane to the outcome of the Planning Commission's procedural review. During the hearing, the appellant's attorney stated that the County had no jurisdiction over Covenants, Codes and Restrictions (CCR) enforcement; this position was confirmed by the Community Development Director, but had no relevance to the Property Owner's consent on this action, or on the Planning Commission's ability to approve a land use permit at the subject site. Staff's Response: The County is neutral regarding CCRs that either allow or prohibit certain uses from occurring within the HOA boundary. A commercial cannabis use permit can be approved by the County even if an HOA's CCRs prohibit such a use. Commercial Cannabis Applications A commercial cannabis license can be obtained through a major or a minor use permit depending on the type of cannabis cultivation license that is sought. Approval of a commercial cannabis use permit changes the nature of a residential property into a commercial use. Project Description Applicants: 707 Organics/Stephen Sandtner Owner: Jason Oram Location: 16983 Hofacker Lane, Lower Lake A.P.N.: 012-056-44 Parcel Size: 48.46 acres General Plan: Rural Lands Zoning: "RL"; Rural Lands Flood Zone: None Zoning of Subject Site and Vicinity 1. Article 27, subsection (at), Commercial Cannabis Cultivation The following subsections within Article 27 relate to water usage: (d) Minor and Major Use Permits for Commercial cannabis cultivation (5) Responses to the following performance standards questions: (iv) Does the applicant have a legal, on-site source of water? (v) Does the applicant agree to monitor water use and share the data with the County? (vi) Does the applicant agree to make water source available to Cal Fire for firefighting? (8) A complete list of every owner of the applicant entity. Each individual owner shall submit the following information: (xv) Identification of all water sources used for cultivation activities and the estimated volume of water used on a monthly basis. Response: The Applicant has agreed to have the rainwater catchment system be used as the sole water source for irrigation. Condition of approval number H1 has been modified to require this. The State Water Quality Control Board was contacted by staff in February 2019, and they are fully supportive of a rainwater catchment system being used as an irrigation method for this purpose. The applicant has agreed to all of the applicable terms within Article 27, subsection (at) that pertain to water and storm water management, since this project would capture rainwater and store it in ten 15,000 gallon water storage tanks on site. 2. Article 50.4, Minor Use Permits, 'Findings Required for Approval' The Review Authority may only approve or conditionally approve a Minor Use Permit if all of the following findings are made: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. Response: The Planning Commission found that this application met this subsection. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. Response: The Planning Commission found that the subject site is 45.65 acres in size, large enough to accommodate this proposed 8,240 s.f. cannabis cultivation area (excluding the 1,200 s.f. drying room). 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. Response: The site would take access from Hofacker Lane, a private gated unpaved road. At the time of original application submittal, CalFire was the responsible agency for determining whether the ingress - egress was sufficient or needed to be upgraded. On May 2, 2018, CalFire Battalion Chief Chris Vallerga provided staff with Public Resource Code (PRC) 4290 and 4291 for private road and driveway standards, however no recommendations were given by CalFire regarding the proposal. Staff mis-interpreted the CalFire response and recommended approval of the cannabis license with no required improvements to Hofacker Lane. A condition of approval (Condition No. J.7) was included that incorrectly cited a positive recommendation from CalFire that did not occur. Ultimately the Planning Commission approved this commercial cannabis permit on May 23, 2019. On June 13, 2019 following the Planning Commission's decision, William Sapeta, Fire Chief, Lake County Fire Protection District, sent an email to Mike Wink, Battalion Chief, CalFire (as well as to other contacts), stating that he had received a complaint regarding the use of Hofacker Lane for access to the Sandtner/Oram cannabis site, but that the jurisdiction belonged to the South County Fire Protection District (CalFire). On Sunday, October 13, 2019, CalFire's Battalion Chief Mike Wink emailed Jack Smalley, Interim Fire Marshal, stating that "... when you leave Hofacker Road, the access roads/driveways meet no standards for a driveway, one way road or a road... (t)he South Lake County Fire Protection District does not support the issuance of any ... Use Permits that do not apply State Law minimums for Fire Safe Regulations." In order for the Applicant to use the site for a commercial cannabis activity, Hofacker Lane would need to be improved in a manner that it would meet PRC 4290 road standards; or, the County would have to waive 4290/4291 requirements. Since structures are involved, staff is unable to recommend that the County waive these standards. If the applicant were given the opportunity to improve Hofacker Lane in a manner that makes it compliant with PRC 4290; this would mean that the gate, road width, road grade, overhead clearance and road surface material would need to comply. It would require a Grading Permit and a new CEQA review (Initial Study) due to the amount of earth that would need to be moved. The applicant would need to provide engineered drawings that would need to be reviewed by the Building Official before the Grading Permit could be considered. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. Response: The Planning Commission found that the site has adequate services for the cannabis cultivation use. The issue of the inadequacy of Hofacker Lane however (previous finding) needs to be addressed in a new condition of approval. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. Response: The Planning Commission made the finding that this project was in compliance with the Lake County General Plan, Lower Lake Area Plan, and Lake County Zoning Ordinance. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. Response: The Community Development Department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code. 3. Article 27, Section (au)7.i; 'Findings Required for Approval': 1. The proposed use complies with all development standards described in Section 1.i. This report identifies the development standards that apply to cannabis cultivation in Lake County. The applicant is fully compliant with most of the development standards, and can be made to comply through conditions of approval of the development standards that are not yet met, primarily improving Hofacker Lane in a manner that allows it to comply with Public Resource Codes 4290 and 4291. 2. The applicant is qualified to make the application described in Section 1.ii.(g). The owner (Oram) and the applicant (Sandtner) have passed a Live Scan background check, and are both qualified to undertake a commercial cannabis cultivation activity subject to approval of this use permit. 3. The application complies with the qualifications for a permit described in Section 1.ii.(i) This application complies with all qualifications for a permit described in Section 1.ii.(f). The applicant is proposing an A-Type 2B (mixed light) commercial cannabis cultivation site within three 30' x 96' greenhouses, representing a total cultivation area of 8,640 s.f. at 16983 Hofacker Lane, Lower Lake; APN number 012-056-44. Proposed water source is a 150,000 gallon rainwater catchment system consisting of (10) 15,000 gallon tanks. The applicant also qualifies for the Type 13 'Self Distribution' license which should be added to this decision (if it is approved) now that it is an available option. APPEAL SUBMITTAL. The appellant submitted an application for Appeal to the Board, along with the required fee and 'Exhibit A'. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☒ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Deny appeal number AB 19-03; uphold the Planning Commission's decision to adopt the Mitigated Negative Declaration (IS 18-16) and approve the minor use permit (MUP 18-10). Sample motion: Appeal Denial I move that the Board of Supervisors make an intended decision to deny the Appeal AB 19-03 and uphold the Planning Commission's decision to adopt Initial Study IS 18-16 and approve Minor Use Permit MUP 18-10 with the new condition as specified below, applied for by Stephan Sandtner for property located at 16983 Hofacker Lane, Lower Lake, known as APN 012-056-44, and direct County Counsel to prepare findings of fact. Proposed New Condition: This Use Permit approval shall not become effective, operative, vested or final until the proposed access meets California Code of Regulations (CCR) Title 14, Chapter 7, Subsection 1273.01 prior to cultivation activities occurring on the site. The road improvement standards to Hofacker Lane shall be as follows: Width. Prior to the start of cultivation, Hofacker Lane shall be constructed to provide a minimum of two ten (10) foot traffic lanes, not including shoulder. These traffic lanes shall provide for two-way traffic flow to support emergency vehicle and civilian egress. Vertical clearances shall conform to the requirements in California Vehicle Code section 35250. Surface material shall include an all-weather surface that is capable of supporting a 75,000 pound vehicle. Following road improvement completion, the applicant shall schedule an inspection with the Building Official for Lake County prior to cultivation.

Memorandum Date: March 24, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Scott DeLeon, Interim Community Development Department Mark Roberts, Principal Planner Subject: Zoning Ordinance Text Amendment (AM 20-01) Categorical Exemption (CE 20-07) Executive Summary: (include fiscal and staffing impact narrative): On February 27, 2020 the consideration of a Zoning Ordinance Text Amendment to Article 27, Sections 27.2 (table) and 27.3 of the Lake County Zoning Ordinance was brought before the Planning Commission to establish regulations and develop standards for the cultivation of Industrial HEMP. During the hearing, commissioners and the general public raised the following concerns: � Residential Area Setbacks (Subdivisions) � Setbacks from property lines based on size of grow � Onsite Waste Management Concerns � Odor Control Plans � Fencing requirements � Safety and Enforcement � Water Use � Noise Impacts � Fire Severity Zones � Encampments to attend crops � Outdoor Farming Practices (dust control measures, pesticide use and storage, grading, routine maintenance, etc.) � Engineered Greenhouse Requirements � THC and CBC Comparison Levels � Industrial HEMP and testing for pesticides. � Planning Commission wishes to review this Ordinance once adopted by the Board The Planning Commission request that the Board of Supervisor discuss the above concerns in further detail and approve the proposed Zoning Ordinance Text Amendment, with the modification of increasing the setback from offsite residences from 150 to 200 feet. ENVIRONMENTAL ANALYSIS: Pursuant to Section 15061 (b) (3) of the California Environmental Quality Act (CEQA) projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment" are exempt from CEQA. As the activity in question here is merely a text amendment which will not have any effect on the environment, it clearly falls within the common sense exemption. The adoption and implementation of the proposed Zoning Ordinance text amendment, therefore, is exempt from CEQA RECOMMENDED ACTION: Planning Commission recommends the Boards of Supervisors approve Zoning Ordinance Text Amendment, AM 20-01 and Categorical Exemption, CE 20-07. SAMPLE MOTIONS: I move to waive reading of the ordinance and have it read it title only I offer the ordinance 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: Adopt Zoning Ordinance Text Amendment, AM 20-01 and Categorical Exemption, CE 20-07.

Memorandum Date: March 24, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Carol J. Huchingson, County Administrative Officer Subject: (a) Resolution of the County of Lake Board of Supervisors relating to Workplace Safety, Employee Leave and Remote Work in response to COVID-19, and (b) Continued discussion and consideration of accommodations to facilitate electronic access to Board of Supervisors (BOS) meetings in light of COVID-19 Executive Summary: (include fiscal and staffing impact narrative): (a) On March 17, 2020, your Board gave direction to staff to develop policy to support County employees and foster safe workplaces during the COVID-19 pandemic. This this in mind, staff has prepared the attached Resolution and policy for your consideration and approval. The Resolution will allow County employees to request to advanced sick leave during the pandemic and enables leave accruals to be used flexibly for time off purposes related to COVID-19. Exhibit A to the Resolution provides for an interim policy for employees approved to work remotely during the COVID-19 disaster. Said policy would expire in 90 days unless terminated earlier by your Board. This policy was generated as a combined effort of the offices of the Auditor-Controller, the County Counsel, Information Technology, Human Resources, the Treasurer-Tax Collector and Administration. I am especially grateful to all who participated in the development during this time of crisis. (b) In addition, on March 17, 2020, your Board directed staff to facilitate electronic access to BOS meetings. With that in mind, for today's March 24, 2020 meeting, a means for providing public comment via electronic means has been put in place. Staff requests the opportunity to continue the dialog with your Board about your needs for electronic access in light of the developments since your March 17, 2020 discussion, including the Health Officer's 'shelter in place' order and additional guidance from the Governor giving counties additional latitude for electronic meetings. 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) Adopt Resolution of the County of Lake Board of Supervisors relating to Workplace Safety, Employee Leave and Remote Work in response to COVID-19. (b) Direction to staff.

Memorandum Date: March 24, 2020 To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors From: Anita L. Grant, County Council Subject: Consideration of an Urgency Ordinance Prohibiting Rental Housing Price Gouging and Unlawful Evictions in the Unincorporated Areas of the County of Lake During a State of Emergency Executive Summary: (include fiscal and staffing impact narrative): At the request of Supervisor Brown, attached here for your Board's discussion and consideration is an Urgency Ordinance Prohibiting Rental Housing Price Gouging and Unlawful Evictions in the Unincorporated areas of the County of Lake During a State of Emergency. As an urgency ordinance, it may be adopted today upon a 4/5 vote of your Board. Thank you. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☒ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Adopt Urgency Ordinance Prohibiting Rental Housing Price Gouging and Unlawful Evictions in the Unincorporated Areas of the County of Lake During a State of Emergency.