Board Of Supervisors — Tuesday, July 20, 2021

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Scott De Leon, Public Works/Water Resources Director Subject: Extra Item - (a) Consideration of an Extra Item; and (b) Consideration of Purchase Agreement Between the County of Lake and Valley Oaks Land and Development, Inc. for Surplus Property Located at Arabian Lane, Hidden Valley Lake, California Executive Summary: (include fiscal and staffing impact narrative): 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: � The need to take action came to the attention of this department subsequent to the posting of the current agenda. The Department was notified late Friday by Caltrans that they need this document in order to complete an agenda package for the upcoming California Transportation Commission (CTC) meeting in August. � There is a need to take immediate action before the next available agenda. Caltrans has been working with the property owner who intends to purchase the Arabian Lane property and in order to complete their work they need approval by the CTC. If we don't have this agreement to them by July 23rd, Caltrans will miss the August deadline and will be forced to wait until the October meeting. Development permits and other agreements are dependent upon this agreement. Staff requests that the Board of Supervisors concur that justification exists to consider this for an extra agenda item. In 2020, your Board approved a Resolution that declared a small parcel of land surplus, and you directed staff to prepare a Purchase Agreement to transfer the land to the adjacent property owner. The County of Lake obtained ownership of the land through a relinquishment from the State of California in 1959. The land covers what is known as Arabian Lane, a County maintained road that is approximately 400 feet in length and ends with a cul-de-sac. The only property that the road serves is that owned by Valley Oaks Land and Development, Inc. As required by the aforementioned Resolution, the sale of this surplus property was subject to the conveyance being determined to be in conformance with the General Plan. This action was completed by the Community Development Department and approved by the Planning Commission on November 5th, 2020. Following that action, your Board took action in early 2021 to vacate the roadway, and most recently, an Assessor's Parcel Number and address have been assigned which ultimately cleared the way for the sale of the property. Pursuant to the Board's decision to transfer the land located at "Arabian Lane", Hidden Valley Lake as described above, together with the Planning Commission's determination the sale in in conformance with the General Plan, and the Board's decision to vacate the public roadway, staff recommends approval of the attached Purchase Agreement. 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: Extra Item - (a) Approve taking up this item as an Extra Item; and (b) Approve Purchase Agreement Between the County of Lake and Valley Oaks Land and Development, Inc. for Surplus Property Located at Arabian Lane, Hidden Valley Lake, California

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Jessica Pyska, 5th District Supervisor Subject: EXTRA ITEM: (a) Consideration of "extra" agenda item, and, (b) Consideration of Resolution Urging the Public to Continue to Wear Mask in Indoor Settings 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 my attention subsequent to the posting of the current agenda and there is a need to take action before the next agenda. (b) I am requesting our Board adopt the attached Resolution Urging the Public to Continue to Wear Masks in Indoor Settings. COVID Conditions are worsening in Lake County. After the posting of our agenda, I learned that our case rate per 100,000 is the highest of all California counties at 17. The state average is 6.9. In addition, at 11.8%, our testing positivity rate is more than twice the state average of 4.9%. Given our worsening status, I believe our Board should institute immediate precautionary measures to support the well-being of those we serve. If adopted, this Resolution would urge that, regardless of vaccination status, all persons wear masks indoors in public places. 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: EXTRA ITEM: (a) Consideration of "extra" agenda item, and, (b) Consideration of Resolution Urging the Public to Continue to Wear Mask in Indoor Settings

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Jonathan Armas, Director, Lake County Animal Care and Control Subject: (a) Approve the Purchase of an Animal Control Box in the amount of $30,776.15 and (b) authorize the Animal Care and Control Director or his designee to issue a Purchase Order Executive Summary: (include fiscal and staffing impact narrative): Animal Care and Control was granted an extraordinary request for $35,000 that was allocated into the Animal Care and Control budget 2703, object code 62.74 for the capital asset purchase of a replacement Animal Control Box. Animal Care and Control is scheduled to get a replacement truck this fiscal year for one of its aging trucks. The current box scheduled to be placed on the new truck has aged and requires constant maintenance. It is no longer cost efficient to maintain this box. Four vendors were contacted with one being non-responsive. Three bids were received for the Animal Control Box. Diamond Truck Body was the low bidder in the amount $30,776.15. This bid includes the box itself and the installation of the box. Please approve the purchase of these items and authorize the Animal Care and Control Director or his designee to issue a purchase order. If not budgeted, fill in the blanks below only: Estimated Cost: $30,776.15 Amount Budgeted: $35,000 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: The Animal Care and Control Department recommends (a) approval of the Purchase of the Animal Control Box from Diamond Truck Body in the amount of $30,776.15 and (b) authorize the Animal Care and Control Director to issue a Purchase Order.

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Gary Pace, M.D., MPH, Public Health Officer Subject: Approve Continuation of a Local Health Emergency Related to the 2019 Coronavirus (COVID-19) as Proclaimed by the Lake County Public Health Officer Executive Summary: (include fiscal and staffing impact narrative): The declaration, which was declared on March 9, 2020, due to the potential introduction of COVID-19 into the County of Lake. California Health and Safety Code section 101080 provides authority for the Health Officer to issue a declaration of local health emergency. 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 Continuation of a Local Health Emergency Related to the 2019 Coronavirus (COVID-19) as Proclaimed by the Lake County Public Health Officer.

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Gary Pace, M.D., MPH, Public Health Officer Subject: Approve the Continuation of a Local Health Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transport, and Disposal of Fire Debris for the LNU Complex Wildfire Executive Summary: (include fiscal and staffing impact narrative): Staff requests the Board of Supervisors adopt the Resolution ratifying the declaration of a local health emergency declared by Gary Pace, M.D., Lake County Health Officer. This declaration was declared on September 9, 2020, due to the LNU Complex Wildfire in the County of Lake. California Health and Safety Code section 101080 provides authority for the Health Officer to issue a declaration of local health emergency. 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 Continuation of a Local Health Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transport, and Disposal of Fire Debris for the LNU Complex Wildfire.

..Title ..Body MEMORANDUM Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Brian Martin, Sheriff/Director of Emergency Services Subject: Approve the Continuation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires) Executive Summary: Wildland fires known as the River Fire and the Ranch Fire erupted in Mendocino County on July 27, 2018, with considerable forward movement into Lake County causing extreme peril and leading to the evacuation of thousands of Lake County residents. As a result of the occurrence of the River and Ranch Fires, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on July 28, 2018. The declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☒ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? ..Recommended Action RECOMMENDED ACTION: Approve the Continuation of a Local Emergency due to the Mendocino Complex Fire Incident (River and Ranch Fires).

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chairman, Lake County Board of Supervisors From: Brian L. Martin, Sheriff/Coroner/OES Director Subject: Approve Continuation of a Local Emergency due to COVID-19 Executive Summary: See attached proclamation. 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 Continuation of a Local Emergency due to COVID-19.

..Title ..Body MEMORANDUM Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Brian Martin, Sheriff-Coroner-Director of Emergency Services Subject: Approve the Continuation of a Local Emergency due to the Pawnee Fire Incident. EXECUTIVE SUMMARY: A wildland fire known as the Pawnee Fire began in Lake County on June 23, 2018, originating in the Spring Valley area of Clearlake Oaks, CA, forcing area-wide evacuations, destroying multiple structures and burning 15,000+ acres. As a result of the occurrence of the Pawnee Fire, a local emergency was proclaimed by the Lake County Sheriff/Director of Emergency Services Brian Martin on June 24, 2018. The Board of Supervisors must confirm the existence of a local emergency within seven (7) days of that date and every thirty (30) days thereafter. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☒ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? ..Recommended Action RECOMMENDED ACTION: Approve the Continuation of a Local Emergency due to the Pawnee Fire Incident.

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chairman, Lake County Board of Supervisors From: Brian L. Martin, Sheriff/Coroner/OES Director Subject: Approve the Continuation of a Proclamation of Emergency Declaration for Drought Conditions Executive Summary: Pursuant to Chapter 6, Article 1 of the Lake County Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when Lake County is affected by, or likely to be affected by a public calamity and the Board of Supervisors is not in session. During the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the County shall be those prescribed by state law, and by ordinance and resolutions of this County, approved by the Board of Supervisors, and by the Lake Operational Area Emergency Operations Plan, as approved by the Board of Supervisors. On April 21, 2021, the Governor of the State of California proclaimed a State of Emergency for the Counties of Sonoma and Mendocino due to extremely low reservoir levels and drought conditions. Inasmuch, Lake County water table levels are at significantly to critically low levels and are being continuously monitored. Based upon low water levels, the County may have to consider measures to address the water shortages. These measures may include taking steps to conserve water by practicing water conservation efforts, including, but not limited to repairing leaking plumbing, limiting non-essential watering, limiting car washing, filling bathtubs halfway or less, using high-efficient appliances, reducing shower times, only washing full loads of laundry, turning off water when brushing teeth or shaving, planting drought resistant landscaping and implementing other practices that reduce water consumption. Short or long-term solutions are costly; however, the County may be eligible for State or Federal assistance should the need arise to address drought issues if conditions persist. Therefore, the declaration of an emergency will allow the County to qualify for funding that has been specifically set aside for drought relief purposes. Programs within the State focus on ground water management, conservation and recapture/recycle initiatives. By declaring a local emergency, the County is taking a pro-active approach to address drought related disaster issues. In addition, with the adoption of a proclamation declaring a state of local emergency, State law requires the Board of Supervisors to review the status of the emergency at least once every 30 days. 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 Continuation of a Proclamation of Emergency Declaration for Drought Conditions.

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Carol J. Huchingson, County Administrative Officer Subject: Approve the Continuation of a Local Emergency in Lake County in Response to the LNU Lightning Complex Wildfire Event Executive Summary: (include fiscal and staffing impact narrative): Lake County Sheriff, Brian L. Martin, in his capacity as Director of Emergency Services, has declared a State of Emergency in Lake County, in response to conditions of extreme peril to the safety of persons and property resulting from fires related to the LNU Lightning Complex. The Morgan Fire, which began on the 18th day of August, 2020, has already prompted evacuation of portions of southern Lake County, and rapid changes of wind conditions have required great vigilance in light of the possible need of further evacuations. The Board of Supervisors must confirm the existence of a local emergency within seven (7) days of that date. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Continuation of a local emergency by offering the attached proclamation for passage

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Denise Pomeroy, Health Services Director Subject: Adopt Resolution amending Resolution No, 2021-68 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration Executive Summary: Health Services recently received additional funding from the California Department of Public Health (CDPH), through the ELC Enhancing Detection Expansion Funding, which is part of the Coronavirus Response and Relief Supplemental Appropriations Act of 2021. This ELC Enhancing Expansion funding allows additional activities not included in the original ELC funding strategies. One of these additional included activities is the funding of an Administrative position to ensure fiscal accountability and reporting requirements are met for the various ELC funds. Currently these grants total over 5.3 million dollars of funding over the next three years. Health Services requests approval of this additional, fully grant funded, Staff Services Analyst I/II allocation to support the administrative staff in place. Although this small staff are a group of dedicated, hard workers who streamline their tasks for maximum efficiency, they routinely work additional hours to ensure that all grant requirements are met for continued funding. This additional Staff Services Analyst I/II allocation would allow the staff in place to return to a more manageable workload. 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 amending Resolution No, 2021-68 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration

Memorandum Date: July 13, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Denise Pomeroy, Health Services Director Subject: Approve Amendment Five to the Agreement between the County of Lake and Evan Bloom, MD, MPH, to Assist the Lake County Public Health Officer During the COVID-19 Crisis Response and Authorize the Board Chair to Sign Executive Summary: Dr. Evan Bloom was contracted with the county from January 28, 2021 through June 30, 2021, to assist the Lake County Public Health Officer during the COVID-19 Crisis Response providing medical consult. The first amendment to the Agreement allowed Dr. Bloom to be designated to act as alternate Public Health Officer in special circumstances. The second amendment extended the agreement term until May 31, 2021, adjusted compensation rates while acting as alternate Public Health Officer, and raised the maximum compensation of the original agreement to $24,900.00. The third amendment raised the maximum compensation of the original agreement to $35,000.00. The fourth amendment of Dr. Bloom's Agreement allowed him to continue to act as Designated Alternate Health Officer through June 30, 2021, and raises the maximum compensation of the agreement to $60,000.00 to ensure payment through the extended term. This fifth amendment raises the maximum compensation of the agreement to $67,500 to ensure timely, full payment of Dr. Bloom's final invoice which exceeded the amended maximum dollar cap due to additional need for contracted alternate Public Health Officer support he provided. 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 Amendment Five to the Agreement between the County of Lake and Evan Bloom, MD, MPH, to Assist the Lake County Public Health Officer During the COVID-19 Crisis Response and Authorize the Board Chair to Sign

Memorandum Date: 07/20/2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Scott Harter, Special Districts Administrator Jesus Salmeron, Deputy Administrator - Fiscal Subject: (a) Adopt Resolution revising the Fiscal Year 2021-2022 Adopted Budget of the County of Lake by cancelling reserves in Fund 254 Lake County Sanitation District Southeast Capital Improvement Reserve Designation, in the amount of $82,000 to make appropriations in the Budget Unit 8354, Object Code 783.62-74 to purchase a mobile generator to provide backup power to Lift Stations #1, 2, 3, and 4. (b) Waive the formal bidding process, pursuant to Lake County Code Section 2-38.2, Not in the Public Interest. (c) Approve purchase of a used, low hours (2,000 hours) Multiquip 300kVa portable generator and authorize the Special Districts Administrator/Assistant Purchasing Agent to issue and sign a purchase order not to exceed $82,000 to Generator World of Sacramento, CA. Executive Summary: Lift Stations #1, 2, 3 and 4 have stationary generators to provide backup power, however, we do not have a mobile generator large enough in our fleet to power those stations in the event we suffer a failure of one of the stationary generators. With the PG&E PSPS approaching or in the event one of the permanent generators fails, this proposed mobile generator is needed to ensure uninterrupted operation and greatly reduce the likelihood of sewer spills into Clear Lake. Staff located a low hour 300 kVa, 3-phase, 480 volt generator from a vendor in Sacramento with a listed price of $69,965. Seven additional quotes were then solicited for a comparable generator from other vendors. Prices ranged from approximately $87,000 for a similar used generator to between $128,000 and $208,000 for a comparable new generator. Staff then travelled to Sacramento to inspect the generator and observe its operation under load. The generator performed satisfactorily and staff is satisfied it will serve the district well. If not budgeted, fill in the blanks below only: Estimated Cost: $82,000 Amount Budgeted: $82,000 Additional Requested: 0 Future Annual Cost: N/A Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☒ Public Safety ☒ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☒ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? Not in Public Interest How long has Agreement been in place? N/A When was purchase last rebid? N/A Reason for request to waive bid? Multiple quotes were solicited/received for comparable equipment, identified vendor has the lowest price. Recommended Action: (a) Adopt Resolution revising the Fiscal Year 2021-2022 Adopted Budget of the County of Lake by cancelling reserves in Fund 254 Lake County Sanitation District Southeast Capital Improvement Reserve Designation, in the amount of $82,000 to make appropriations in the Budget Unit 8354, Object Code 783.62-74 to purchase a mobile generator to provide backup power to Lift Stations #1, 2, 3, and 4. (b) Waive the formal bidding process, pursuant to Lake County Code Section 2-38.2, Not in the Public Interest. (c) Approve purchase of a used, low hours (2,000 hours) Multiquip 300kVa portable generator and authorize the Special Districts Administrator/Assistant Purchasing Agent to issue and sign a purchase order not to exceed $82,000 to Generator World of Sacramento, CA.

Memorandum Date: June 9, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Rob Howe, Chief Probation Officer Subject: Adopt Proclamation designating the week of July 18-24, 2021, as Probation Officers Week in Lake County, CA. EXECUTIVE SUMMARY: DESIGNATING THE WEEK OF JULY 18-24, 2021, AS PROBATION OFFICERS WEEK IN LAKE COUNTY WHEREAS, probation officers are an essential part of the criminal justice system; and WHEREAS, probation officers uphold the law with dignity, while recognizing the right of the public to be safe-guarded from criminal activity; and WHEREAS, probation officers are responsible for supervising adult and juvenile offenders in the community; and WHEREAS, probation officers work in partnership with community agencies and groups; and WHEREAS, probation officers promote prevention, intervention and advocacy; and WHEREAS, probation officers provide services, support and protection for victims; and WHEREAS, probation officers advocate community and restorative justice. NOW, THEREFORE, BE IT PROCLAIMED that the Board of Supervisor of the County of Lake does hereby designate the week of July 18-24, 2021, as Probation Officers Week in Lake County. If not budgeted, fill in the blanks below only: Estimated Cost: ___0_____ 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 Proclamation designating the week of July 18-24, 2021, as Probation Officers Week in Lake County

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier Chair, Lake County Sanitation District Board of Directors From: Scott Harter, Special Districts Administrator Jesus Salmeron, Deputy Administrator-Fiscal Subject: 9:30 A.M. - PUBLIC HEARING - (Continued from July 13, 2021) - (Sitting as Lake County Sanitation District - Board of Directors) - Consideration of Resolution of Delinquent Sewer Fees for Lake County Sanitation District Executive Summary: (include fiscal and staffing impact narrative): On July 13, 2021 at 9:30 a.m. a PUBLIC HEARING was held to hear protests regarding the placement of Delinquent Sewer Fees on the 2021-2022 Tax Rolls for collection. At that hearing your Board took action to continue the public hearing for further discussion to July 20, 2021 at 9:30 a.m. In the intervening week staff has reviewed the delinquent account aging report for data specific only to Lake County Sanitation District accounts, and discussed the implications of deferring this action with both the Auditor/Controller's and Tax Collector's offices. All accounts with a past due balance which were at risk of being placed on the tax roll were notified with a courtesy letter on either May 20th, 2021 or June 18th, 2021 depending on the account billing cycle. Information has also been provided on our social media accounts which directs our customers to resources for assistance with housing and utility costs if they are unable to pay their bills as a result of the pandemic. Across all of our sewer accounts there were approximately 15 who contacted our offices to set up payment plans and address their delinquent account prior to being placed on the tax roll. Within LACOSAN service areas there are 3,715 delinquent accounts with a total amount to be placed on the tax roll of $1,056,875.23. Discussion with other involved departments confirmed that any deferment will result in this deferred amount ($1M) in addition to any future delinquencies (likely a similar amount) being placed on the 2022/2023 tax roll. This action will delay the receipt of potentially $2M in revenues for a full year and impact the ability of the department to operate effectively. The resolution to place the delinquent sewer fees on the tax roll requires a two-thirds supermajority for approval, and once approved by your Board, authorize this action in accordance with Article 4, Sanitation and Sewerage Systems, of the Health and Safety Code, and Sections 25215.4 and 25215.5 of the Government Code. The required Resolution is attached for your consideration. If not budgeted, fill in the blanks below only: Estimated Cost: N/A Amount Budgeted: N/A Additional Requested: N/A Future Annual Cost: N/A Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☒ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☒ Revenue Generation ☐ Community Collaboration ☒ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? N/A How long has Agreement been in place? N/A When was purchase last rebid? N/A Reason for request to waive bid? N/A Recommended Action: Approve Resolution Authorizing the Placement of Delinquent Sewer Fees on the Property Tax Roll for Lake County Sanitation District

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Carol J. Huchingson, Interim Community Development Director Eric Porter, Associate Planner Subject: Consideration of Rezone for Brand Family Parcel Map Project; General Plan Amendment (GPAP 17-01) Rezone (RZ 17-01); Parcel Map (PM 17-01); and Initial Study (IS 17-31) Executive Summary: (include fiscal and staffing impact narrative): Exhibits: 1. Project Description and Vicinity Map 2. Tentative Parcel Map 3. Proposed Rezone Map 4. Rezone Ordinance 5. General Plan Amendment Resolution 6. Parcel Map Resolution 7. Proposed Conditions of Approval 8. Agency Comments 9. Initial Study and Mitigated Negative Declaration 10. Planning Commission Staff Report (November 4, 2020) 11. Planning Commission Hearing Minutes (December 10, 2020) I. EXECUTIVE SUMMARY The applicant is requesting a Rezone, General Plan Amendment and Tentative Parcel Map to subdivide APN 013-028-81 into four parcels. The Planning Commission recommended that the Board of Supervisors approve these requests during a public hearing that was held on December 10, 2020. Applicant/Owner: Richard & Whitney Brand Location: 23987 & 24073 State Highway 29, Middletown, CA 95461 APNs: 013-028-81 & 013-028-82. Parcel Size: 75� acres total (parcel -81 is 30 acres & parcel -82 is 45 acres) General Plan: Rural Lands - Rural Residential - Resource Conservation Zoning: "RL-RR-WW-SC" - Rural Lands - Rural Residential - Waterway - Scenic Combining Overlay District (013-028-81) "RL-RR-WW" - Rural Lands - Rural Residential - Waterway (013-028-82). Fire District: South Lake County Fire Protection District Flood Zone: "X" - Areas determined to be outside the 0.2% annual chance (500-year) flood plain School District: Middletown Unified School District AERIAL PHOTO OF SITE AND SURROUNDING AREA EXISTING ZONING Project Description The applicant is requesting a Rezone, General Plan Amendment and Tentative Parcel Map of two existing parcels (013-028-81 & 82). The parcels are located approximately 3.5 miles south of Middletown and are developed with single family homes and a vineyard. Bullion Creek runs through the north portion of the project site. The applicant may further develop the lots in the future as allowed within the RR and RL zoning district. However, no development details were submitted for these applications. The Tentative Parcel Map proposes to subdivide APN 013-028-81 into four parcels. Currently, the existing two parcels are split zoned and the applicant seeks to rezone APN 013-028-81 to be completely within the RR-Rural Residential base zoning district and rezone APN 013-028-82 to be completely within the RL-Rural Lands zoning district as shown below. The Tentative Parcel Map is included as Exhibit 2. Tentative Parcel Map for Assessor Parcel Number: 013-028-81: APN 013-028-81 would be subdivided into four (4) parcels: * Parcel One (1): Is proposed to be approximately +/- 8.90 acres in size * Parcel Two (2): Is proposed to be approximately +/- 5.00 acres in size * Parcel Three (3): Is proposed to be approximately +/- 9.52 acres in size * Parcel Four (4): Is proposed to be approximately +/- 5.93 acres in size REZONE REQUEST: Parcel Number Current Zoning Designation Proposed Zoning Designation 013-028-81 "RR-RL-WW-SC" (Rural Residential - Rural Lands - Waterway and Scenic Combining) "RR-SC-WW" (Rural Residential -- Waterway and Scenic Combining) 013-028-82 "RR-RL-WW" (Rural Residential - Rural Lands - Waterway) "RL-WW" (Rural Lands - Waterway) GENERAL PLAN AMENDMENT REQUEST: Parcel Number Current General Plan Designation Proposed General Plan Designation 013-028-81 "RL-RR-RC" (Rural Lands - Rural Residential -Resource Conservation) "RR-RC" (Rural Residential - Resource Conservation) 013-028-82 "RL-RR-RC" (Rural Lands - Rural Residential -Resource Conservation) "RL-RC" (Rural Lands - Resource Conservation) The proposed parcels are/will be accessed from existing unimproved roadways off of State Highway 29. The applicant shall obtain all necessary permits from the California Department of Transportation (Caltrans) and/or the Lake County Department of Public Works for any work and/or improvements that occur within the right-of-way. Project Setting Existing Uses and Improvements: The two existing parcels are currently developed with single family dwellings and agricultural uses. Uses on the proposed parcels would be as follows: * Proposed Parcels One (1) and Two (2) are developed with single-family dwellings which are served by an existing onsite well(s) and waste management systems (septic). * Proposed Parcel Three (3) is partial developed with existing agricultural uses (vineyard) and a reservoir/pond. * Proposed Parcel Four (4) would remain undeveloped/vacant at this time. * There is an existing PG&E Pole Line Easement that crosses the proposed Parcel Three (3) and a Portion of Parcel Two (2). Surrounding Zoning and Land Uses: * South: RL Rural Land and RR Rural Residential (largely undeveloped land with some single family residential; lots ranging from 8 to 60 acres in size). * East: State Highway 29 is immediately east of the parcels. SR Suburban Reserve lots (approximately 0.5-1.5 acres in size) developed with single family homes and RR Rural Residential undeveloped lots that range from approximately 20-150 acres in size. * West: RL Rural Land undeveloped lots ranging from approximately 13 to 150 acres in size. * North: RR Rural Residential and RL Rural Land lots undeveloped or developed with single family dwellings on lots that range from 25 to 150 acres. Topography: Varies (0% to greater than 30%). Parcel -81 proposed to be subdivided mostly contains 0% to 20% slopes, with the exception of some areas containing greater than 30% slopes. According to the Tentative Parcel Map, the proposed parcels have cross slopes ranging from 15% to 29%. Soils: According to the soil survey of Lake County, prepared by the U.S.D.A, the parcels contain the following soil types: Bressa - Millsholm Loams, 15-30% slopes (soil unit 120);Henneke - Montara-Rock Outcrop Complex, 15 to 50% slopes (soil unit 142); Jafa loam, 5-15% slopes (soil unit 145); and Speaker-Maymen-Millsholm Association, 30-50% slopes (soil unit 227). According to County Records, parcel number 013-028-82 may have known Serpentine soils. Water Supply: Private Well. Sewage Disposal: Private Septic System. Vegetation: Varied. Dominant vegetation includes Oaks, Ponderosa Pine, Doug Fir, Grassland, and Vineyards (within parcel -81). During the December 10, 2020 hearing on this matter, the Planning Commission had recommended that the Board of Supervisors approve with conditions the proposed General Plan Amendment (GPAP 17-01); Rezone (RZ 17-01); Parcel Map (PM 17-01); and Initial Study (IS 17-31). II. PROJECT ANALYSIS General Plan Conformance The project is located within the Middletown Area Plan and designated Rural Lands - Rural Residential - Resource Conservation in the Lake County General Plan. The General Plan contains policies related to rural residential development (such as Land Use Goal 3 and its associated policies) that would be applicable to future development of the proposed parcels but is not specific to the requested entitlements at this time. However, the following Goals and Policies are applicable to the General Plan Amendment and Rezone request. Policy LU-2.5 Rural Lands Densities. The County shall require acreage minimums of 40 acres if average slopes are 30 percent or greater, and acreage minimums of 60 acres if average slopes exceed 40 percent, especially in areas identified as being special study zones in the Safety Element, or within a high wildland fire severity area. Policy LU-8.2 General Plan Amendments. The County shall not amend the General Plan more than four times per year except as allowed by State law. Each amendment, however, may include multiple changes. Any amendment requires Planning Commission and Board of Supervisors public hearings. Response: The project is consistent with the above applicable General Plan policies, as the proposed Tentative Parcel Map and General Plan Amendment meets the densities allowed (as further discussed below). To date, the County has approved no General Plan Amendments. The two that are before the Board of Supervisors today, the Richard Siri GPAP 19-02 and RZ 19-02 is the first rezone, and the Brand GPAP 17-01 and RZ 17-01 would make this rezoning the second in 2021 if approved. A third rezone and General Plan amendment, 'Hanson', is in process, but will come before the Board of Supervisors after the Brand and Siri rezone / General Plan amendments are decided. General Plan Designations Rural Lands. The purpose of this land use category is to allow rural development in areas that are primarily in their natural state, although some agricultural production, especially vineyards, can occur on these lands. Typical uses permitted by right include, but are not limited to, animal raising, crop production, single family residences, game preserves and fisheries. Other typical uses permitted conditionally include, but are not limited to, recreational facilities, manufacturing and processing operations, mining, and airfields. Density/Intensity 1 DU/ 20-60 acres The base density of 20 acres shall be decreased when the average slope of the property increases, as follows: * 30 acre minimum density if average slope is between 20% and 29%. * 40 acre minimum density if average slope is between 29% and 35%. * 60 acre minimum density if average slope exceeds 35%. The minimum density in the Rural Lands designation may be increased for parcels with average slopes between 20 and 29% when it can be demonstrated that factors related to wildland fire/fuel loading and landslide hazards are not present. Rural Residential. This land use category is designed to provide single-family residential development in a semi-rural setting. Large lot residential development with small-scale agricultural activities is appropriate. Typical uses permitted by right include single family residences; crop production; raising of poultry, rabbits, and other small animals for domestic use; raising of bovine animals, horses, sheep, and goats for domestic use; and sale of crops produced on the premises. Typical uses permitted conditionally include agricultural-related services and recreational facilities. Density/Intensity: 1- DU/5 Acres if average cross slope is less than 30% 1- DU/10 Acres if average cross slope is 30% or greater Response: The portion of the parcels north of the existing road (and creek) are designated as RR, while the portion of the parcels south of the existing road (and creek) are designated as RL. The applicant is seeking a General Plan Amendment to change the designation of parcel -81 to RR only and parcel -82 to RL only (while leaving the Resource Conservation designation for the existing creek on both parcels). The existing parcels are developed with single family homes and agricultural uses, consistent with the RL and RR designations. Parcel -82 is currently 45 acres in size and would remain as is. Parcel -81 is approximately 30 acres in size and is proposed to be subdivided into smaller lots, which would not be consistent with the density allowed for RL. However, the proposed lots (all with a minimum five acre parcel size) would be consistent with the density allowed in the RR designation proposed with the General Plan Amendment. According to the Tentative Parcel Map, the portion of parcel -81 that would become Parcels 1 (8.9 acres) and 2 (5.0 acres) are both developed with a single family residence and mostly contain slopes less than 30%, consistent with the intent and density allowed for the RR designation. Proposed Parcel 3 (9.52 acres) has a cross slope of 21% and contains vineyards and agricultural uses that would remain. Proposed Parcel 4 (5.93 acres) has a cross slope of 29% and would remain undeveloped. These uses and development standards are consistent with the RR designation proposed in the General Plan Amendment. Resource Conservation. The purpose of this land use category is to assure the maintenance or sustained generation of natural resources within the County. The highest priority for these lands is to provide for the management of the County's natural infrastructure. This management should include, but is not limited to, functioning as watershed lands which collect precipitation and provide for the important filtering of water to improve water quality. This category would include public and private areas of: significant plant or animal habitats; forest lands in Timberland Preserve Zones; agricultural lands within the Williamson Act; grazing; watersheds including waterways and wetlands; outdoor parks and recreation; retreats; mineral deposits and mining areas which require special attention because of hazardous or special conditions; publicly-owned land (e.g., U.S. Forest Service, BLM land, State, and County); and open space activities. Uses allowed in this designation are those related to resource utilization and resource conservation activities. Response: Bullion Creek is the only portion of the project sites that is designated as Resource Conservation. The project does not include development near the creek and the Initial Study (IS 17-31) contains mitigation measures to avoid any potential impacts that may occur from future development Middletown Area Plan Conformance The Middletown Area Plan (2010) is a guide for long-term growth and development in the Planning Area and is a complement to the Lake County General Plan. It is a planning tool that will facilitate refined planning decisions based on community values and priorities of the residents in the area. The Planning Area includes 148.43 square miles in the southernmost portion of Lake County. The Middletown Area Plan does not contain specific policies related to the Tentative Parcel Map but does contain several policies related to new residential development that any future development would have to be found consistent with. The following policy related to the General Plan Amendment is applicable to the project. Policy 5.5.2a Evaluate proposals to amend the Planning Area land use maps that increases the acreage of land designated rural residential, suburban residential reserve, and low density residential by the following criteria: � Adequate water with suitable quality must be available and capable of being provided for each potential parcel. � Soils must be suitable for on-site waste disposal systems. � Adequate access, fire fuel breaks, water storage or equivalent measures for rural fire protection must be provided. � Adequate access must be available or proposed to safely accommodate the potential increase in traffic without adversely impacting the existing circulation system. � Proposals must not adversely affect adjacent land uses. � The proposal must not impact a significant or unique natural resource. � The supply of existing parcels with the same designation as that proposed should be insufficient to accommodate projected growth in the Planning Area through the 20-year planning period. � Proposals to change to rural residential, suburban residential reserve or low density residential should provide a logical buffer between suburban densities and agricultural or more remote rural, or incompatible land uses. � The area should be adjacent to existing land designated with the same land use classification as proposed and should not result in a "spot" designation or be incompatible with residential densities in the vicinity. � Areas with average cross slopes exceeding 30% should not be considered for land use designation changes to suburban residential reserve or low density residential. Areas proposed to be designated rural residential with average cross slopes exceeding 30% should incorporate the use of minimum lot size of 10 acres or more. Response: The project is consistent with the above policy, as the parcels are developed and served by existing facilities adequate to serve the site(s), contain low density residential, and will preserve the natural resources on-site. According to the Tentative Parcel Map, the proposed parcels contain cross slopes of 15% to 29% and the steepest portion of the site (proposed parcel 4) is to remain undeveloped. In addition, the project is generally consistent with the Middletown Area Plan as it supports single family rural development and conservation of natural resources (Objective 3.7.2 and Policy 5.5.3c), as well as agricultural uses (Objective 5.5.4). Zoning Ordinance and County Code Chapter 17 (Subdivision) Conformance Currently, the parcels are split zoned "RL-RR-WW-SC" - Rural Lands - Rural Residential - Waterway - Scenic Combing Overlay District (013-028-81) and "RL-RR-WW" - Rural Lands - Rural Residential - Waterway (013-028-82). The applicant seeks to rezone APN 013-028-81 to be completely within the RR-Rural Residential zoning district (with the WW-SC Combining District) and rezone APN 013-028-82 to be completely within the RL-Rural Lands zoning district (with the WW Combining District). * Rural Lands. This zoning designation is intended to provide for resource related and residential uses of the County's undeveloped lands that are remote and often characterized by steep topography, fire hazards, and limited access. Single family residential and agricultural uses are permitted within the RL designation, but it contains development standards (width, length, etc.) for creating parcels, as well as development of single family homes. * Rural Residential. This zoning designation is intended to provide for single-family residential development in a semi-rural setting along with limited agriculture. * Waterway Combining District. This Combining District is intended to preserve, protect and restore significant riparian systems, streams and their riparian, aquatic and woodland habitats; protect water quality; control erosion, sedimentation and runoff; and protect the public health and safety by minimizing dangers due to floods and earth slides. These purposes are to be accomplished by setting forth regulations to limit development activities in significant riparian corridors and through the establishment of an administrative procedure for the granting of exceptions- from such regulations. This Combining District contains development standards relating to setbacks, erosion, vegetation removal, etc. to protect water resources. * Scenic Combining District. This Combining District is intended to protect and enhance views of scenic areas from the County's scenic highways and roadways for the benefit of local residential and resort development, the motoring public, and the recreation based economy of the County. SC provides development standards (setbacks, height restrictions, etc.) specific to development in order to preserve the visual character of the area. Article 47, section 21-47.20, Ordinance Text Amendment and Rezoning Amendment. Article 47 of the Lake County Zoning Ordinance identifies procedures for both ordinance and rezone amendments. Section 21-47.21 and 21-47.22 identify the information required to apply for a Rezone (zoning maps identifying areas to be rezoned, as well as property owners of interest). Response: The single family homes and agricultural uses are existing and permitted within the RL and RR zoning designations. The proposed Rezone would require a General Plan Amendment, in compliance with the Lake County Zoning Ordinance; the applicant has provided all information required in Article 47 to process the Rezone. The proposed Parcel Map is consistent with all applicable development standards in the Zoning Ordinance. The applicant has submitted all required information for the Rezone application. With approval of the requested entitlements, the project would not conflict with the General Plan, Middletown Area Plan or Zoning Ordinance. In addition, all future development will have to adhere to requirements within the aforementioned plans and codes, including standards contained within the WW and SC Combining Districts. Chapter 17 (Subdivision Regulations of the Lake County Code) - Article III, Tentative Map. Chapter 17 of the Lake County Code contains provisions for subdivisions, including Tentative Map and Final Map requirements and procedures, as well as subdivision development standards (lot size, access standards, etc.). Response: The proposed Tentative Parcel Map has been prepared by a licensed surveyor and meets all requirements outlined in Section 17-6, as well as the development standards outlined in Section 17-23. In addition, the Tentative Parcel Map has been reviewed by the County Surveyor for consistency with Subdivision Regulations; Conditions of Approval have been added to ensure the Tentative and Final Maps are consistent with Chapter 17 of the Lake County Code. III. ENVIRONMENTAL EVALUATION The California Environmental Quality Act (CEQA) requires agencies to evaluate the environmental implications of land use actions. An Initial Study and Mitigated Negative Declaration (IS 17-31; Exhibit 9) was prepared and circulated for public review in compliance with CEQA from July 15, 2020 to August 18, 2020. No comments objecting the project were received. A neighboring property owner had expressed concerns about soil toxicity from old mines in the vicinity. Staff contacted the State Board of Toxic Substances prior to the Planning Commission hearing and received confirmation that there are no toxic substances mapped on this property. The Initial Study found that the Rezone, General Plan Amendment and Parcel Map would not have any impact of the environment, as no development is proposed at this time. However, CEQA requires analysis of all reasonably foreseeable development or project components that may occur on-site in the future. Therefore, potential development of the parcels was analyzed at a general level and it was determined that future development of the parcels has the potential to result in significant impacts to Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology/Soils, Hazards, and Hydrology/Water Quality. However, the below Mitigation Measures would reduce all potential impacts to Less than Significant. Air Quality * AQ-1: Work practices shall minimize vehicular and fugitive dust to reduce the impact of fugitive dust emissions to a less than significant level in staging areas, work areas, and adjoining roads by use of water, paving or other acceptable dust palliatives to ensure that dust does not leave the property. Access to project areas shall be limited to authorized vehicles. * AQ-2: Vehicles and equipment shall be well maintained and in compliance with State emission requirements. The permit holder shall obtain all necessary for any diesel generators or diesel engines installed as operating, support, or emergency backup equipment for the Lake County Air Quality Management District. * AQ-3: Vegetation that is removed for any development must be properly disposed. The permit holder shall chip vegetation and spread the material for erosion control. * AQ-4: All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. * AQ-5: According to County Records, parcel number 013-028-82 may have known Serpentine soils. Therefore, prior to any ground disturbance and/or future development the applicant shall contact the Lake County Air Quality Management District as a Dust Mitigation Plan may be required. * AQ-6: Work practices and/or future development shall minimize vehicular and fugitive dust to reduce the impact of fugitive dust emissions to a less than significant level in staging areas, work areas, and adjoining roads by use of water, paving or other acceptable dust palliatives to ensure that dust does not leave the property. Access to project areas shall be limited to authorized vehicles. * AQ-7: All vegetative waste from development activities shall be composted and/or chipped as a means of disposal. All vegetation removed shall be chipped and spread for ground cover and erosion control. Site development and vegetation disposal shall not create a nuisance odors, smoke or dust. * AQ-8: Burning of vegetative material is discourage, but if not alternative material is available, a Smoke Management Plan shall be submitted to the Lake County Air Quality Management District and the local fire protection District for review and approval. Biological Resources � BIO 1: All residential development and its access shall be emphasized within the central, valley portions of the project parcels and be accessed by existing ranch roads. � BIO-2: Development within the Douglas Fir Forest in the southern portions of the property shall be restricted to the margins of this habitat and/or to adjacent mixed oak woodlands along the eastern edge of the property within the 2.1 ace area on parcel four delineated as "Development Area, 2.1 Acres on final map. � BIO-3: The use of fencing shall be restricted to residential yards and existing vineyard development. � BIO-4: In order to avoid potential impacts to the Yellow Legged Frog, any development within the active channel of the creek extending along the northern property boundary, shall occur prior to April 1 or after June 15, by which time frog larvae and young are mobile and independent. Disturbance of the channel structure shall be limited to the immediate construction site. Alternatively, work may occur when the channel is naturally dry. * In the event that work must occur within the active channel when water is present between April 1 and June 15, all such work shall be performed in as few events as possible and all required materials and equipment shall be on-site prior to the event in order to avoid delays which would prolong the disturbance period. The period of disturbance shall be held to the minimal amount of time necessary to accomplish the required tasks. A qualified biologist with a valid California Department of Fish and Wildlife collecting permit shall be on-site during each day of the active channel disturbance event. * Any foothill yellow-legged adult or larval frogs within the work area shall be captured and transferred to an adjacent, unaffected stream segment. * In the event that eggs of this species are found during these surveys, in-channel activities shall be delayed for one week (eggs usually hatch within 5 days) and the site re-inspected to determine if eggs have hatched. If not, an additional delay shall be required until the eggs have hatched. � BIO-5: In order to avoid potential impacts to the Western Pond Turtle, all work within the channel of the creek extending along the northern edge of the property, or within ponds should occur after August 15 but before the onset of winter rains and the end of the grading season (October 15). Downed trees, stumps and other basking sites and refuges within these aquatic habitats shall remain undisturbed. * In the event that work must occur within the active channel between April 1 and June 15, or within a pond, all such work shall be performed in as few events as possible and all required materials and equipment shall be on-site prior to the event in order to avoid delays which would prolong the disturbance period. The period of disturbance shall be held to the minimal amount of time necessary to accomplish the required tasks. A qualified biologist with a valid California Department of Fish and Wildlife collecting permit shall be on-site during each day of the active channel disturbance event. * In the event that western pond turtles are identified, a qualified biologist with a valid California Department of Fish and Wildlife collecting permit should be present during all construction activities at the crossing site. � BIO-6: To avoid any potential impacts to the White-tailed kites and/or Purple Martins any vineyard development, including vegetation removal, shall occur outside of the nesting season (February 15 through August 31). * If construction during the nesting season cannot be avoided, any required vegetation removal shall be the minimal amount necessary for development and shall be completed prior to the nesting season. In the event that vegetation removal is necessary during the nesting season, the work shall be preceded by a pre-construction nest survey conducted by a qualified biologist within two weeks of disturbance. If an active nest of a sensitive bird species is found, a construction buffer shall be established in consultation with California Department of Fish and Wildlife staff. Said buffer shall remain in place until fledging is completed or until it is determined that the nesting effort has failed as determined by the qualified biologist. � BIO-7: To avoid potential impacts to the Pallid Bat, any tress to be removed (outside of the dates listed below), that is suitable for use by bats shall be surveyed for signs of bats. This survey shall occur no earlier than fourteen (14) days prior to tree removal. Suitable trees include those with hollows and/or shedding bark. * If pallid bats, or other bats with sensitive regulatory status, are discovered during the surveys, a buffer of 50 feet should be established depending on recommendations of the surveying biologist. Removal of these roost trees shall be restricted to between September 15 and October 15, when young of the year are capable of flying, or between February 15 and April 1 to avoid hibernating bats and prior to formation of maternity sites. � BIO-8: Placement of any fill and/or any project improvements/ development that results in the discharge of dredged and/or fill material into potential jurisdictional areas on the project sites shall require authorization from the following agencies, which included but is not limited to the following: * U.S Army Corps of Engineers Nationwide Permit. * Regional Water Quality Control Board pursuant to Sections 404 and 401 of the Clean Water Act * California Department of Fish and Wildlife - 1601/1604 Stream Alteration Agreement. � BIO-9: Any development shall maintain a minimum of a thirty (30) foot or greater setback from top of bank for all waterways located on project parcels. � BIO-10: Prior to any work occurring in and/or near any waterway, the applicant shall submit Erosion and Sediment Control Plans and a Storm Water Management Plan to the Community Development Department for review and approval. Said Plans shall protect the local watershed from runoff pollution through the implementation of appropriate Best Management Practices (BMPs) in accordance with the Grading Ordinance. [Coverage under the National Pollutant Discharge Elimination System (NPDES), General Permit for Storm Water Discharges associated with a Construction Activity (General Permit) and a Storm Water Pollution Prevention Plan (SWPPP) may be required] � BIO-11: All manzanita Shrub Areas shown on the final parcel map may contain Jepson Navarretia and a survey of the area in question shall be performed by a qualified Botanist prior to development. Cultural and Tribal Cultural Resources � CUL-1: Should any archaeological, paleontological, or cultural materials be discovered during site development, all activity shall be halted in the vicinity of the find(s), the applicant shall notify the local overseeing Tribe, and a qualified archaeologist to evaluate the find(s) and recommend mitigation procedures, if necessary, subject to the approval of the Community Development Director. Should any human remains be encountered, the applicant shall notify the Sheriff's Department, the local overseeing Tribe, and a qualified archaeologist for proper internment and Tribal rituals per Public Resources Code Section 5097.98 and Health and Safety Code 7050.5. � CUL-2: All employees shall be trained in recognizing potentially significant artifacts that may be discovered during ground disturbance. If any artifacts or remains are found, the local overseeing Tribe shall immediately be notified; a licensed archaeologist shall be notified, and the Lake County Community Development Director shall be notified of such finds. Geology and Soil Resources � Implement Mitigation Measure AQ-5. � GEO-1: Prior to any ground disturbance, the permitted shall submit Erosion Control and Sediment Plans to the Community Development Department for review and approval. Said Erosion Control and Sediment Plans shall protect the local watershed from runoff pollution through the implementation of appropriate Best Management Practices (BMPs) in accordance with the Grading Ordinance. Typical BMPs include the placement of straw, mulch, seeding, straw wattles, silt fencing and the planting of native vegetation on all disturbed areas. No silt, sediment or other materials exceeding natural background levels shall be allowed to flow from the project area. All BMP's shall be maintained for life of the project. � GEO-2: Prior to any ground disturbance, (if applicable), the permit holder shall submit and obtain a Grading Permit from the Community Development. The project design shall incorporate appropriate BMPs consistent with County and State Storm Water Drainage Regulations to the maximum extent practicable. The project design shall incorporate Best Management Practices (BMPs) to the maximum extent practicable to prevent or reduce discharge of all construction or post-construction pollutants into the County storm drainage system. BMPs typically include scheduling of activities, erosion and sediment control, operation and maintenance procedures and other measures in accordance with Chapters 29 and 30 of the Lake County Code. � GEO-3: Excavation, filling, vegetation clearing or other disturbance of the soil shall not occur between October 15 and April 15 unless authorized by the Community Development Director. The actual dates of this defined grading period may be adjusted according to weather and soil conditions at the discretion of the Community Development Director. � GEO-4: The permit holder shall monitor the site during the rainy season (October 15 -May 15), including post-installation, application of BMPs, erosion control maintenance, and other improvements as needed. Hazards � HAZ-1: All hazardous waste shall not be disposed of on-site without review or permits from Environmental Health Department, the California Regional Water Control Board, and/or the Air Quality Board. Collected hazardous or toxic waste materials shall be recycled or disposed of through a registered waste hauler to an approved site legally authorized to accept such material. � HAZ-2: The storage of potentially hazardous materials shall be located at least 100 feet from any existing water well. These materials shall not be allowed to leak onto the ground or contaminate surface waters. Collected hazardous or toxic materials shall be recycled or disposed of through a registered waste hauler to an approved site legally authorized to accept such materials. � HAZ-3: Any spills of oils, fluids, fuel, concrete, or other hazardous construction material shall be immediately cleaned up. All equipment and materials shall be stored in the staging areas away from all known waterways. � HAZ- 4: The storage of hazardous materials equal to or greater than fifty-five (55) gallons of a liquid, 500 pounds of a solid, or 200 cubic feet of compressed gas, then a Hazardous Materials Inventory Disclosure Statement/Business Plan shall be submitted and maintained in compliance with requirements of Lake County Environmental Health Division. Industrial waste shall not be disposed of on site without review or permit from Lake County Environmental Health Division or the California Regional Water Quality Control Board. The permit holder shall comply with petroleum fuel storage tank regulations if fuel is to be stored on site. � HAZ-5: The project design shall incorporate appropriate BMPs consistent with County and State Storm Water Drainage regulations to prevent or reduce discharge of all construction or post-construction pollutants and hazardous materials offsite or into the creek. The site shall be monitored during the rainy season (October 15-April 15) and erosion controls maintained. Hydrology/Water Quality � Implement Mitigation Measures BIO-9, BIO-10, GEO-1 through GEO-4, HAZ-3 and HAZ-5. IV. FINDINGS REQUIRED FOR APPROVAL General Plan Amendment and Area Plan Conformance 1. The proposed amendment is consistent with the General Plan, and the Middletown Area Plan. Response: The parcels are currently split zoned and the applicant is seeking a General Plan Amendment to change the designation of parcel -81 to RR only and parcel -82 to RL only (while leaving the Resource Conservation designation for the existing creek on both parcels). The parcels are currently developed with single family homes and agricultural uses, consistent with the RL and RR designations. Parcel -82 is currently 45 acres in size and would remain as is. Parcel -81 is approximately 30 acres in size and is proposed to be subdivided into smaller lots, which would not be consistent with the density allowed for RL. However, the proposed lots (all with a minimum five acre parcel size) would be consistent with the density allowed in the RR designation proposed with the General Plan Amendment. According to the Tentative Parcel Map, all of the proposed parcels are a minimum of five acres in size and contain average cross slopes less than 30%, consistent with the density allowed within the RR and RL designations. Bullion Creek is the only portion of the project sites that is designated as Resource Conservation. The project does not include development near the creek and the Initial Study contains mitigation to avoid any potential impacts that may occur from future development (See Environmental Review Section of this Staff Report). The General Plan contains policies related to rural residential development (such as Land Use Goal 3 and its associated policies) that would be applicable to future development of the proposed parcels but is not specific to the requested entitlements at this time. The project is consistent with General Plan Policies 2.5 and 8.2 as the parcels are developed and served by existing facilities adequate to serve the site(s), contain low density residential, and will preserve the natural resources on-site. In addition, the project is consistent with the Middletown Area Plan as it supports single family rural development and conservation of natural resources (Objective 3.7.2 and Policy 5.5.3c), as well as agricultural uses (Objective 5.5.4) within the RR and RL designations. 2. 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 proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the County, because the amendment facilitates a logical and orderly expansion of surrounding RR and RL designations and land uses. The uses are currently existing and no development is proposed at this time. The proposed General Plan Amendment has been reviewed by the County Surveyor, Sheriff's Department, Fire Marshal, and other departments and agencies for health and safety concerns. The proposed use (and any future uses) shall meet all Federal, State and local agency requirements. 3. This project will not result in any significant adverse environmental impacts. Response: The Initial Study (IS 17-31) found that the Rezone, General Plan Amendment and Parcel Map would not have any impact of the environment, as no development is proposed at this time. However, CEQA requires analysis of all reasonably foreseeable development or project components that may occur on-site in the future. Therefore, potential development of the parcels was analyzed at a general level and it was determined that future development of the parcels has the potential to result in significant impacts to Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology/Soils, Hazards, and Hydrology/Water Quality. However, the identified Mitigation Measures would reduce all potential impacts to Less than Significant. Rezone 1. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan, Lake County Zoning Ordinance and any approved zoning or land use plan. Response: The single family homes and agricultural uses are existing and permitted within the RL and RR zoning designations. The proposed Rezone would require a General Plan Amendment, in compliance with the Lake County Zoning Ordinance; the applicant has provided all information required in Article 47 to process the Rezone. The proposed Parcel Map is consistent with all applicable development standards in the Zoning Ordinance. In addition, all future development will have to adhere to requirements within the aforementioned plans and codes, including standards contained within the WW and SC Combining Districts. The applicant has submitted all required information for the Rezone application. With approval of the requested entitlements, the project would not conflict with the General Plan, Middletown Area Plan or Zoning Ordinance. 2. This project will not result in any significant adverse environmental impacts. Response: The Initial Study (IS 17-31) found that the Rezone, General Plan Amendment and Parcel Map would not have any impact of the environment, as no development is proposed at this time. However, CEQA requires analysis of all reasonably foreseeable development or project components that may occur on-site in the future. Therefore, potential development of the parcels was analyzed at a general level and it was determined that future development of the parcels has the potential to result in significant impacts to Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology/Soils, Hazards, and Hydrology/Water Quality. However, the identified Mitigation Measures would reduce all potential impacts to Less than Significant. Tentative Parcel Map According to Senate Bill SB1241, three findings must be made in order to approve a parcel map. Section 66474.02(a)(1) requires that "a finding supported by substantial evidence in the record that the design and location of each lot in the subdivision, and the subdivision as a whole, are consistent with any applicable regulations adopted by the State Board of Forestry and Fire Protection pursuant to Sections 4290 and 4291 of the Public Resource Code (PRC)." Section 66474.02(a)(2) requires that a finding supported by substantial evidence in the record that structural fire protection and suppression services will be available for the subdivision through any of the following entities: (A) A county, city, special district, political subdivision of the state, or another entity organized soley to provide fire protection services that are monitored and funded by a county or other public entity; and (B) The Department of Forestry and Fire Protection by contract entered into pursuant to Section 4133, 4142, or 4144 of the Public Resources Code. Section 66474.02(a)(3) requires that "a finding that to the extent practicable, ingress and egress for the subdivision meets the regulations regarding road standards for the fire equipment access adopted pursuant to Section 4290 of the Public Resource Code and any applicable local ordinance. The project site is located in high severity fire zone/State Responsibility Area. The project has been reviewed by the Department of Public Works, CalFIRE, and other agencies and departments for safety and access concerns, and had no adverse comments. The proposed parcels are/will be accessed from existing unimproved roadways. The existing access/roadway would be improved to meet all Federal, State and local agency requirements. The applicant shall obtain all necessary permits from the California Department of Transportation (Caltrans) and/or the Lake County Department of Public Works for any work and/or improvements within the right-of-way. Future development will adhere to all Federal, State and local fire requirements/regulations, including Chapter 13 of the Lake County Code. The proposal is consistent with these required findings. Initial Study and Mitigated Negative Declaration 1. The Initial Study, Mitigated Negative Declaration and its Mitigation Monitoring Reporting Program have been prepared in conformance with CEQA and all CEQA requirements have been adequately met for the project. Response: An Initial Study and Mitigated Negative Declaration (IS 17-31; Exhibit 9) was prepared and circulated for public review in compliance with CEQA from July 15, 2020 to August 18, 2020. No comments objecting the project were received. All requirements of CEQA Guidelines Article 5 for preparation of an Initial Study, and Article 6 for consideration and adoption of a mitigated negative declaration, have been met. 2. This project is consistent with the Lake County General Plan, Middletown Area Plan and the Lake County Zoning Ordinance. Response: As described above in Rezone Finding No. 1, the project is consistent with the Lake County General Plan, Middletown Area Plan, and the Lake County Zoning Ordinance. 3. This project is consistent with land uses in the vicinity. Response: The project parcels, as well as parcels in the vicinity are currently developed with single family homes and agricultural uses, consistent with the Rural Lands and Rural designations. The Rezone, General Plan Amendment and Parcel Map would create additional parcels, consistent with all applicable development standards for the Rural Lands and Rural Residential zoning designations. However, no development is proposed at this time. All future development shall adhere to all local, state and federal regulations to ensure compatibility with surrounding land uses. 4. This project will not result in any significant adverse environmental impacts. Response: The Initial Study found that the Rezone, General Plan Amendment and Parcel Map would not have any impact of the environment, as no development is proposed at this time. However, CEQA requires analysis of all reasonably foreseeable development or project components that may occur on-site in the future. Therefore, potential development of the parcels was analyzed at a general level and it was determined that future development of the parcels has the potential to result in significant impacts to Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology/Soils, Hazards, and Hydrology/Water Quality. However, with incorporation of the Mitigation Measures identified in the Mitigation Monitoring Reporting Program, all impacts would be reduced to Less Than Significant. 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 the Board of Supervisors: A. Adopt the Mitigated Negative Declaration (IS 17-31) and its associated Mitigation Monitoring Reporting Program with the following findings: 1) The Initial Study and Mitigated Negative Declaration have been prepared in conformance with CEQA and all CEQA requirements have been adequately met for the project. 2) This project is consistent with the Lake County General Plan, Middletown Area Plan and the Lake County Zoning Ordinance. 3) This project will not conflict with land uses in the vicinity. 4) With the mitigation measures identified in the Mitigation Monitoring Reporting Program this project will not result in any significant adverse environmental impacts. B. Approve General Plan Amendment GPAP 17-01 with the following findings: 1) The proposed amendment is consistent with the General Plan, and the Middletown Area Plan. 2) 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. 3) This project will not result in any significant adverse environmental impacts. C. Approve Rezone RZ 17-01 with the following findings: 1) That the project is in conformance with the applicable provisions and policies of this Code, the General Plan, Lake County Zoning Ordinance and any approved zoning or land use plan. 2) This project will not result in any significant adverse environmental impacts. D. Approve Parcel Map PM 17-01 with the following findings: 1) This project is consistent with the Lake County General Plan, Zoning Ordinance, Subdivision Ordinance, and the Middletown Area Plan. 2) This project is consistent with the State Subdivision Map Act and Chapter 17 of the Lake County Code. 3) Adequate structural fire protection and suppression services will be available for Parcel Map through South Lake County Fire Protection District. 4) Ingress and egress for the Parcel Map shall meet all applicable regulations regarding road standards for the fire equipment access adopted pursuant to Section 4290 of the Public Resources Code and any applicable ordinance. 5) A Mitigated Negative Declaration has been adopted for this project based on Initial Study IS 17-31 that found the project will not result in any significant adverse environmental impacts. IV. SAMPLE MOTIONS: Initial Study and Mitigated Negative Declaration I move that the Board of Supervisors find on the basis of the Initial Study IS 17-31 and the mitigation measures identified in the Mitigation Monitoring Reporting Program, that General Plan Amendment GPAP 17-01, Rezone RZ 17-01 and Tentative Parcel Map PM 17-01 will not have a significant effect on the environment and thereof, recommend the Board of Supervisors approve the proposed Mitigated Negative Declaration and its associated Mitigation Monitoring Reporting Program with the findings listed in the Memorandum dated July 20, 2021. General Plan Amendment I move that the Board of Supervisors make a motion of approval for General Plan Amendment GPAP 17-01 applied for by Richard & Whitney Brand for the following reasons: The proposed General Plan Amendment is found to be consistent with the Lake County General Plan, the Middletown Area Plan, and the Lake County Zoning Ordinance; the proposed amendment is compatible with the existing land uses in the vicinity, and as outlined in the Initial Study IS 17-31, prepared for this application, the proposed amendment will not result in any significant adverse environmental impacts with the findings listed in the Memorandum dated July 20, 2021. Rezone: I move that the Board of Supervisors has reviewed and considered the environmental effects of Rezone RZ 17-01 as set forth in the proposed Initial Study (IS 17-31) which has been prepared for this project, and that the Board of Supervisors approve the proposed rezoning applied for by Richard & Whitney Brand on property located at 23987 & 24073 State Highway 29, Middletown, CA 95461; APNs 013-028-81 & 013-028-82 with the findings listed in the Memorandum dated July 20, 2021. Parcel Map I move that the Board of Supervisors find that the Tentative Parcel Map PM 17-01 applied by Richard & Whitney Brand on property located at 23987 State Highway 29, Middletown, CA 95461; APN 013-028-81 is in conformity with the provisions of the Subdivision Map Act and Chapter 17 of the Lake County Code and the Lake County Code, and upon that basis approve said map subject to the conditions and with the findings listed in the Memorandum dated July 20, 2021.

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Carol J. Huchingson, Interim Community Development Director Eric Porter, Associate Planner Subject: Consideration of Rezone for Richard and Beverly Siri; General Plan Amendment (GPAP 19-02) and Rezone (RZ 19-02) and Initial Study (IS 19-41) Exhibits: 1. Vicinity Map 2. Proposed Rezone & General Plan Amendment Map 3. Rezone Ordinance 4. General Plan Amendment Resolution 5. Proposed Conditions of Approval 6. Agency Comments 7. Initial Study (IS 19-41) 8. Planning Commission Staff Report (April 22, 2021) 9. Planning Commission Hearing Minutes (April 22, 2021) Executive Summary: (include fiscal and staffing impact narrative): The applicant is requesting a Rezone and General Plan Amendment to change the zoning of APN 029-141-22 from R3 (High Density Residential) to R1 (Low Density Residential), and to change the General Plan designation from High Density to Low Density. The Planning Commission recommended that the Board of Supervisors approve this request during a public hearing that took place on April 22, 2021 by a 5-0 vote. Applicant/owner: Richard & Beverly Siri. Location: 4436 Lakeshore Blvd., Lakeport A.P.N.: 029-141-22 General Plan - Existing: Resource Conservation - High Density Residential General Plan - Proposed: Resource Conservation - Low Density Residential Zoning - Existing: "R3 - SC - FF - WW" Multi-Family Residential - Scenic Combining - Floodway Fringe - Waterway Combining District Zoning - Proposed: "R1 - SC - FF - WW" Single-Family Residential - Scenic Combining - Floodway Fringe - Waterway Combining District Flood Zone: AE School District: Lakeport Unified School District Fire Protection: Lakeport Fire District EXISTING ZONING Project Setting Existing Uses and Improvements: The site is presently vacant and fronts the shoreline of Clear Lake. Water Supply: Public water system Sewage Disposal: Public sewer System. Vegetation: Several native oak trees, grasses Surrounding Uses and Zoning: * North: "R3" - Multi-Family Residential; "SC" - Scenic Combining District; "FF" - Floodway Fringe; "WW" - Waterway Combining District. The parcels sizes range from approximately 0.398 to 0.635 acres in size. * East: Clear Lake. * South: "R1" - Single-Family Residential; "SC" - Scenic Combining District; "FF" - Floodway Fringe; "WW" - Waterway Combining District. The parcels sizes range from approximately 0.383 to 0.682 acres in size. * West: "R1" - Single-Family Residential; "SC" - Scenic Combining District; "FF" - Floodway Fringe Combining District. The parcels sizes range from approximately 0.139 to 1.588 acres in size. On April 22, 2021, the Planning Commission recommended approval with conditions of the proposed General Plan Amendment (GPAP 19-02); Rezone (RZ 19-02) and adoption of the Initial Study (IS 19-41). II. PROJECT ANALYSIS GENERAL PLAN CONFORMANCE The General Plan designations for the subject site are currently Resource Conservation and High Density Residential which does not allow for the development of single family residences. The applicant's request to change the land use designation to Low Density Residential would allow the applicant to propose a single family residential development. Additionally, the adjacent parcels to the south and west are also designated as Low Density Residential. Therefore, the proposed General Plan Amendment request to change the Land Use Designation from High Density Residential to Low Density Residential would be complement the resonant community development and applicable to the following General Plan goals and policies. * Goal LU-3: is to provide adequate land in a range of residential densities to accommodate the housing needs to all income groups expected to reside in the County, and ensure a high quality of development. Response: The area contains a mixture of R1 and R3 zoned land, and most of the nearby lots contain single family dwellings. Many of the lots that front the lake are too small to contain multi-family dwelling units if the front yard setbacks are taken into consideration (30 feet front yard setbacks adjacent to Lakeshore Boulevard, a scenic road with greater setbacks than non-scenic roads). The Siri lot has a total buildable area of 5350 sq. ft. including the front yard setback area, however by removing the unbuildable front yard setback area (73 feet width by 30 feet depth), the remaining buildable area is 3164 sq. ft. The R3 zone requires a minimum of one duplex, and new single family dwellings are not permitted in this zone. The 3164 sq. ft. of buildable area is adequate for a single family dwelling, but siting a larger multi-family dwelling on this lot presents physical placement challenges considering the spatial requirements for multi-family dwellings including open space and parking. Policy LU-8.2 General Plan Amendments. The County shall not amend the General Plan more than four times per year except as allowed by State law. Each amendment, however, may include multiple changes. Any amendment requires Planning Commission and Board of Supervisors public hearings. Response: The project is consistent with the above applicable General Plan policies, as the proposed General Plan Amendment meets the densities allowed (as further discussed below). In addition, to date, the County has processed no General Plan Amendments in the 2021 calendar year, making this General Plan Amendment the first to be processed in year 2021 if approved. Resource Conservation. The purpose of this land use category is to assure the maintenance or sustained generation of natural resources within the County. The highest priority for these lands is to provide for the management of the County's natural infrastructure. This management should include, but is not limited to, functioning as watershed lands which collect precipitation and provide for the important filtering of water to improve water quality. This category would include public and private areas of: significant plant or animal habitats; forest lands in Timberland Preserve Zones; agricultural lands within the Williamson Act; grazing; watersheds including waterways and wetlands; outdoor parks and recreation; retreats; mineral deposits and mining areas which require special attention because of hazardous or special conditions; publicly-owned land (e.g., U.S. Forest Service, BLM land, State, and County); and open space activities. Uses allowed in this designation are those related to resource utilization and resource conservation activities. Response: The applicant intends on building a single family dwelling on the lot once the rezone / General Plan amendment is completed, however no development plans have been submitted in conjunction with this rezone / General Plan amendment; the current project does not include development near the lake and the Initial Study contains mitigation measures to avoid any potential impacts that may occur from future development of a dwelling on this lot. Lakeport Area Plan Conformance The subject site is within the Lakeport Area Plan's boundary. The Plan contains some goals and policies for affordable housing programs, but is silent on increases to the supply of single family dwelling housing lots other than to encourage a diversity of housing types. Zoning Ordinance Conformance Article 10 - Single-Family Residential, "R1" District is intended to develop areas for single residential dwelling units at relatively low densities where the conventional community character of single-family units prevail. Article 47 - Ordinance Text Amendment and Rezoning Amendment is intended to provide the community welfare, public necessity, or changes in state law and the General Plan. Response: The applicant's request of the zone change is permitted with appropriate application procedures pursuant to Article 47, Section 47.22 Lake County Zoning Ordinance. On July 10, 2019, the applicant submitted an application for a Rezone, RZ 19-02, General Plan Amendment, GPAP 19-02, and Initial Study, IS 19-41 for the future residential development at 4436 Lakeshore Blvd. The project meets all development standards for Rezoning and General Plan Amendment. Article 47, section 21-47.20, Ordinance Text Amendment and Rezoning Amendment. Article 47 of the Lake County Zoning Ordinance identifies procedures for both ordinance and rezone amendments. Section 21-47.21 and 21-47.22 identify the information required to apply for a Rezone (zoning maps identifying areas to be rezoned, as well as property owners of interest). Response: The site and surrounding area contains lots that are generally developed with single family dwellings. The lots that front Clear Lake, including the subject lot, are small and will be difficult to develop with any dwelling larger than a single family dwelling given the setbacks from Lakeshore Boulevard and the setback from Clear Lake (30 feet if there is no sea wall). The proposed Rezone would require a General Plan Amendment, in compliance with the Lake County Zoning Ordinance; the applicant has provided all information required in Article 47 to process the Rezone. The applicant has submitted all required information for the Rezone application. With approval of the requested entitlements, the project would not conflict with the General Plan, the Lakeport Area Plan or Zoning Ordinance. In addition, all future development will have to adhere to requirements within the aforementioned plans and codes, including standards contained within the WW, FF and SC Combining Districts. III. ENVIRONMENTAL EVALUATION The California Environmental Quality Act (CEQA) requires agencies to evaluate the environmental implications of land use actions. An Initial Study and Mitigated Negative Declaration (IS 19-41; Exhibit 7) was prepared and circulated for public review in compliance with CEQA from October 6, 2020 to November 12, 2020. No comments objecting the project were received. The Initial Study found that the Rezone and General Plan Amendment would not have any impact of the environment, as no development is proposed at this time. However, CEQA requires analysis of all reasonably foreseeable development or project components that may occur on-site in the future. Therefore, potential development of the parcels was analyzed at a general level and it was determined that future development of the parcels has the potential to result in significant impacts to Air Quality, Biological Resources and Cultural/Tribal Cultural Resources. However, the below Mitigation Measures would reduce all potential impacts to Less than Significant. Air Quality The proposed Rezone and General Plan Amendment will not conflict with and/or obstruct implementation of the applicable air quality plan. However the primary reason of the application to have a viable parcel for a single family dwelling. Therefore, the future development has the potential to create fugitive dust during construction to the adjacent neighbor approximately 10 feet from the site. The following mitigation measures will reduce the project to 'less than significant' levels: * AQ-1: Work practices and/or future development shall minimize vehicular and fugitive dust to reduce the impact of fugitive dust emissions to a less than significant level in staging areas, work areas, and adjoining roads by use of water, paving or other acceptable dust palliatives to ensure that dust does not leave the property. Access to project areas shall be limited to authorized vehicles. * AQ-2: All vegetative waste from future development activities shall be composted and/or chipped as a means of disposal. All vegetation removed shall be chipped and spread for ground cover and erosion control. Site development and vegetation disposal shall not create a nuisance odors, smoke or dust. * AQ-3: Burning of vegetative material is discourage, but if not alternative material is available, a Smoke Management Plan shall be submitted to the Lake County Air Quality Management District and the local fire protection District for review and approval. Biological Resources A Biological Resource Assessment with Botanical Survey and Delineation of Waters of the U.S. was prepared by Northwest Biosurvey on June 27, 2019 for the project (Attachment 5). The survey states that the shoreward area of the retaining wall has been recently disturbed, including a thick layer of fill material, and has limited the number and diversity of plant taxa. No special-status animals or plants were detected within the proposed areas or adjacent areas. If land clearing is performed in the future on the lakeward area of the retaining wall, a pre-construction special-status species survey is recommended. Future construction activities associated with development have the potential to indirectly significantly impact habitat for sensitive species. All future development shall obtain all necessary federal, state and local agency permits, which may include additional environmental analyses. Further, mitigation measure BIO-5 requires an Erosion and Sediment Control Plan and a Stormwater Plan prior to any site development due to the proximity of the property next to Clear Lake to mitigate any potential soil erosion into the lake during site development. The following mitigation measures will reduce potential biologically-related impacts to less than significant levels: * BIO-1: If future ground disturbance or removal of vegetation occurs between February 1 and August 31 of any year, preconstruction surveys should be performed by a qualified biologist no more than 14 days prior to commencement of such activities to determine the presence and location of nesting bird species. If active nests are observed, temporary protective breeding season buffers will be established to avoid incidental take of birds, nests, or young. The appropriate buffer distance is dependent on the species, surrounding vegetation, and topography, and should be determined by a qualified biologist as appropriate to prevent nest abandonment or direct mortality from vegetation removal. * Non-breeding Season: September 1 through January 31. Ground disturbance and removal of vegetation within the Study Area does not require pre-construction surveys if performed between September 1 and January 31. * BIO-2: All future residential development and its access shall be emphasized within the central portions of the project parcel and be accessed by existing Lakeshore Boulevard. * BIO-3: All future development shall maintain a minimum of a thirty (30) foot or greater setback from top of bank for all waterways located on project parcel. * BIO-4: Any future development shall meet all the requirements of Lake County Municipal Code Chapter 25, Floodplain Management. * BIO-5: Prior to any work occurring in and/or near any waterway, the applicant shall submit Erosion and Sediment Control Plans and a Storm Water Management Plan to the Community Development Department for review and approval. Said Plans shall protect the local watershed from runoff pollution through the implementation of appropriate Best Management Practices (BMPs) in accordance with the Grading Ordinance. Cultural and Tribal Resources A Cultural Resource Inventory was prepared by John Parker on July 5, 2019 for this property. During the field inspection of the archeological research it was discovered that fill had been placed on the shoreward area of the retaining wall. The fill material amounts between approximately 1 to 4 feet in depth. No ground-disturbing activities are proposed. Future construction of the Project has the potential for accidental discovery of unknown, undiscovered cultural resources and tribal cultural resources. The following mitigation measures will reduce cultural / tribal potential impacts to less than significant levels: * CUL-1: Should any archaeological, paleontological, or cultural materials be discovered during site development, all activity shall be halted in the vicinity of the find(s), the applicant shall notify the culturally affiliated Tribe, and a qualified archaeologist to evaluate the find(s) and recommend mitigation procedures, if necessary, subject to the approval of the Community Development Director. Should any human remains be encountered, the applicant shall notify the Sheriff's Department, the culturally affiliated Tribe, and a qualified archaeologist for proper internment and Tribal rituals per Public Resources Code Section 5097.98 and Health and Safety Code 7050.5. * CUL-2: If any human remains are encountered during site preparation and construction activities, the applicant shall halt all work and immediately contact the Lake County Sheriff's Department and the Community Development Department. If any artifacts or remains are found, the culturally affiliated Tribe shall immediately be notified; a licensed archaeologist shall be notified, and the Lake County Community Development Director shall be notified of such finds. Overall, the project is consistent with the Lake County General Plan, Lakeport Area Plan, and Lake County Zoning Ordinance. Therefore, staff has determined that the proposed use will be less than significant impact with mitigation measures incorporated pursuant to CEQA guidelines (Sec.15070 to 15075). IV. FINDINGS REQUIRED FOR APPROVAL GENERAL PLAN AMENDMENT 1. The proposed amendment is consistent with the General Plan, and the Lakeport Area Plan. Response: The parcel is currently designated as High Density Residential - Resource Conservation and the applicant is seeking a General Plan Amendment to change the designation of the parcel from High Density Residential (HDR) to Low Density Residential (LDR) only. The Resource Conservation designation for the subject site would remain. The parcel is currently undeveloped. The parcel is 0.44 acres in size (just over 19,000 sq. ft.), however much of the property cannot be developed with intended multi-family dwellings due to the thinness of the lot; and due to setbacks from Lakeshore Boulevard and from Clear Lake. In addition, the project is consistent with the Lakeport Area Plan as it supports a diversity of residential development, including single family development. 2. 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 proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the County, because the amendment facilitates a logical and orderly expansion of surrounding R1 low density designations and existing nearby land uses. The proposed General Plan Amendment has been reviewed by the County Surveyor, Sheriff's Department, Fire Marshal, and other departments and agencies for health and safety concerns. The proposed use (and any future uses) shall meet all Federal, State and local agency requirements. 3. This project will not result in any significant adverse environmental impacts. Response: The Initial Study (IS 19-41) found that the Rezone and General Plan Amendment would not have any impact of the environment, as no development is proposed at this time. However, CEQA requires analysis of all reasonably foreseeable development or project components that may occur on-site in the future. Therefore, potential development of the parcels was analyzed at a general level and it was determined that future development of the parcels has the potential to result in significant impacts to Air Quality, Biological Resources and Cultural/Tribal Cultural Resources,. However, the identified Mitigation Measures would reduce all potential impacts to Less than Significant. REZONE 1. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan, Lake County Zoning Ordinance and any approved zoning or land use plan. Response: The proposal would change the existing High Density designation to Low Density, and would change the zoning designation from R3 to R1 (the overlay zoning designations would remain unchanged). The proposed Rezone would require a General Plan Amendment, in compliance with the Lake County Zoning Ordinance; the applicant has provided all information required in Article 47 to process the Rezone. In addition, all future development will have to adhere to requirements within the aforementioned plans and codes, including standards contained within the WW and SC Combining Districts. The applicant has submitted all required information for the Rezone application. With approval of the requested entitlements, the project would not conflict with the General Plan, Lakeport Area Plan or Zoning Ordinance. 2. This project will not result in any significant adverse environmental impacts. Response: The Initial Study (IS 19-41) found that the Rezone and General Plan Amendment would not have any impact of the environment, as no development is proposed at this time. However, CEQA requires analysis of all reasonably foreseeable development or project components that may occur on-site in the future. Therefore, potential development of the parcels was analyzed at a general level and it was determined that future development of the parcels has the potential to result in significant impacts to Air Quality, Biological Resources and Cultural/Tribal Cultural Resources. However, the identified Mitigation Measures would reduce all potential impacts to Less than Significant. 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 the Board of Supervisors: A. Adopt Mitigated Negative Declaration of Initial Study (IS 19-41) for General Plan Amendment, GPAP 19-02 and Rezone, RZ 19-02 with the following findings: 1. Although future developments of the project could have a significant effect on the environment, the project will have less than significant impact with mitigation measures consistent with CEQA guidelines (Sec.15070 to 15075). 2. This project is consistent with the Lake County General Plan, Lakeport Area Plan and Zoning Ordinance. 3. The project is consistent with land uses in the vicinity. 4. This project will not result in any significant adverse environmental impacts with the proposed mitigation measures. B. Approve General Plan Amendment (GPAP 19-02) and Rezone (RZ 19-02) 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 the future 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. This project is consistent with the Lake County General Plan, Lakeport 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. Sample Motions: Initial Study (IS 19-41) I move that the Board of Supervisors find the General Plan Amendment (GPAP 19-02) and Rezone (RZ 19-02) applied for by Richard and Beverly Siri on property located at 4436 Lakeshore Blvd., Lakeport further described as APN: 029-141-22 adopt the mitigated negative declaration (IS 19-41) based on the findings set forth in the memorandum dated July 20, 2021. General Plan Amendment (GPAP 19-02) I move that the Board of Supervisors find that the General Plan Amendment (GPAP 19-02) applied for by Richard and Beverly Siri on property located 4436 Lakeshore Blvd., Lakeport further described as APN: 029-141-22 does meet the requirements of Section 47.22 and Article 10 of the Lake County Zoning Ordinance and the General Plan Amendment be granted subject to the findings listed in the staff report dated July 20, 2021. Rezone (RZ 19-02) I move that the Board of Supervisors find the Rezone (RZ 19-02) applied for by Richard and Beverly Siri on property located at 4436 Lakeshore Blvd., Lakeport further described as APN: 029-141-22 does meet the requirements of Section 47.22 and Article 10 of the Lake County Zoning Ordinance and the Rezone be granted subject to the findings listed in the staff report dated July 20, 2021.

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Carol J. Huchingson, County Administrative Officer Subject: Consideration of an Ordinance Amending Article X of Chapter Two of the Lake County Code to Include Further Requirements for Exemptions from Competitive Bidding and Requirements for Bid Protests Executive Summary: (include fiscal and staffing impact narrative): Article X of Chapter Two of the Lake County Code is being amended to include further requirements for exemptions from competitive bidding as well as additional requirements for bid protests. Section 38.2 is amended to include further requirements for exemptions from competitive bidding. The additions to this section are shown below in bold below. (1) A state of emergency, A) An "emergency purchase" is a purchase made in response to an emergency as defined in Section 34.1(k) herein. B) Section 42.1 and 42.2 herein provides further guidance. (2) The unique nature of the goods or services precludes competitive bidding, A) Competitive bidding shall be required every five (5) years if the previous attempt to obtain competitive bids resulted in a single responsible bid. B) Extensions during the five (5) year period shall not require competitive bidding. (3) A determination that competitive bidding would produce no economic benefit to the County. A) The cost of supplies, materials, equipment, or contractual services would not offer a large variation in the overall cost. The possibility of completing the competitive bidding process for new supplies, materials, equipment, or contractual services would offset any potential savings. B) Competitive bidding shall be required every five (5) years. C) Extensions during the five (5) year period shall not require competitive bidding. Sections 46.1 and 46.3 are amended to include additional information regarding bid protests. The additions are shown in red below. 46.1 Any party with a direct financial interest who is aggrieved by any alleged material irregularity in connection with the intended award of a bid, may file a bid protest with the Purchasing Agent or Assistant Purchasing Agent, where such protest is based on alleged violations of Federal, State, or local law or ordinance, or alleged material irregularity in either the County's bid invitation or in the bid to which an awarded is intended. Generally, non-material irregularities in a bid response are those that substantially conform to the bid requirements and do not affect the bid price, time or conditions in such a way as to affect the amount of the bid or provide a competitive advantage or benefit not allowed to other bidders. Material irregularities in a bid invitation provide a competitive advantage or benefit to one (1) bidder that is not enjoyed by other bidders. The Purchasing Agent or Assistant Purchasing Agent may determine whether an alleged irregularity exists and whether it is material or non-material and shall have the authority to waive non-material irregularities. A bid protest must: (a) Be written, (b) State the specific alleged violation of law or alleged material irregularity, (c) Request a determination of the appeal, (d) Provide a telephone number and email address at which the appellant can be contacted, (e) Be filed no later than seventy-two (72) hours after the bid opening (Saturdays, Sundays and holidays excepted). Any protest filed after this time will not be considered. 46.3 Within seventy-two (72) hours of receipt of appeal, the Purchasing Agent or Assistant Purchasing Agent shall provide written notification to the appellant of the determination. A determination under this procedure shall be final except that the Purchasing Agent's or Assistant Purchasing Agent's decision may be appealed to the County Administrative Officer in writing within forty-eight (48) hours from the Purchasing Agent's or Assistant Purchasing Agent's notification to appellant. 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 Ordinance Amending Article X of Chapter Two of the Lake County Code to Include Further Requirements for Exemptions from Competitive Bidding and Requirements for Bid Protests

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Carol J. Huchingson, County Administrative Officer Subject: (a) Consideration of County Investment Policy; and (b) Consideration of Agreement for Investment Advisory and Management Services Executive Summary: (include fiscal and staffing impact narrative): Proposed Agreement for Investment Advisory and Management Services On October 28, 2020, per your Board's direction, a request for proposals (RFP) was issued for Investment Advisory and Management Services. Proposals were received from three different firms, and ultimately Chandler Asset Management Inc. (Chandler) was selected with the highest score after the review process was completed. Chandler will assist the County by providing a variety of services, including advisory functions and the production of comprehensive reporting on the County's investments. As part of the process, Chandler will review the County's investment policy and help create an investment portfolio that most effectively serves the County's needs. The agreement would begin on August 1, 2021, and the compensation is based on a variable percentage depending on the balance of the County's portfolio. A rough estimate of annual cost, based off past balances, would be approximately $116,800. This would represent an increased cost for the County of approximately $95,200, however, the increase in costs should be offset by the ability to safely maximize the County's return on investments. Furthermore, the County will benefit from additional services provided by Chandler, including production of investment reporting that is in compliance with applicable laws and regulations. Delegation of Investment Authority The Board of Supervisors can, pursuant Government Code 53607 & 27000.1, delegate its investment authority to the County Treasurer on an annual basis. This delegation has lapsed as it has not been brought before the Board since October 8, 2019. At this time, your Board retains this investment authority and will enter into an agreement directly with Chandler. This will enable your Board to conduct a full review of the County's investments, taking an active role in setting investment policy and reporting structure going forward. Corresponding recommended changes have been made to the County's Investment Policy that is incorporated into this agreement. Your Board will work closely with both the Treasurer-Tax Collector's office and Chandler, through the Treasurer-Tax Collector ad hoc committee, to develop and implement the new investment practices. A copy of the proposed agreement, along with the updated Investment Policy, is attached for your Board's consideration. 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 County Investment Policy and Approve Agreement for Investment Advisory and Management Services.

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Lars Ewing, Public Services Director Subject: a) Consideration of Certification Resolution for an exception to the 180-day wait period to hire a CalPERS retiree as an extra help County employee; and b) Consideration of Advanced Step Hiring of Jeff Rein as an Extra-Help Employee Executive Summary: State law prevents a CalPERS retiree from employment with the County of Lake for a period of 180 days following the date of retirement unless the appointment is necessary to fill a critically needed position, in which case the waiting period can be waived by the Board of Supervisors. The Public Services Department currently has an allocation of Deputy Public Services Director - Projects and Operations. In 2020 the department initiated a recruitment for this position. That recruitment resulted in a pool of candidates that were all either not willing to accept the position at the salary that was offered or did not demonstrate satisfactory qualifications. In 2021 the department initiated a second recruitment for the position which resulted in two of the three eligible applicants declining to interview. In light of these recruitment challenges and the time-sensitive projects in the department, I believe that it is in the best interest of the County to fill the position at this time on an extra help basis by Jeff Rein, who recently retired from the County after a 30+ year career and previously worked as a deputy director for Public Services. Mr. Rein is uniquely skilled for the responsibilities of the position and has significant prior experience in all facets of the department - and the County as a whole - including critically needed experience in landfill expansion, administration of the County's communication site leases, and updates to the County's solid waste management codes. His extensive project development experience is also needed at this particular time in order to manage a large multi-facility roof replacement project and the planning to convert the former National Guard facility for County use. In short, adopting the attached Resolution will allow the department to accomplish several critical tasks that require specialized knowledge and skills. Should your Board approve the Resolution, I am requesting approval for an advanced step hire for Jeff Rein at Step 5. Mr. Rein has over 20 years of management experience working for the County as a Deputy County Administrative Officer, Chief Deputy County Administrative Officer, and Deputy Public Services Director. The classification and compensation committee reviewed the advanced step request and recommends approval. 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 Certification Resolution for an exception to the 180-day wait period to hire a CalPERS retiree as an extra help County employee; and b) Approve Advanced Step Hiring of Jeff Rein as an Extra-Help Employee

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Todd Metcalf, M.P.A. Behavioral Health Services Director Subject: Approve Agreement Between County of Lake and Behavioral Health Services as Lead Agency of the Lake County Continuum of Care and Elijah House for Services Funded under the Emergency Solutions Grant - Coronavirus (ESG-CV) Program for Fiscal Year 2021-22 in an amount not to exceed $450,000 and authorize the Chair to sign. Executive Summary: Attached, for your review, is the Agreement between the County of Lake - Lake County Behavioral Health Services as Lead Agency for the Lake County Continuum of Care and Elijah House for Services Funded under the Emergency Solutions Grant - Coronavirus (ESG-CV) Program for Fiscal Year 2021-22. Lake County Behavioral Health Services is the lead administrative agency for the Lake County Continuum of Care (CoC). The Lake County CoC has performed an independent bidding process and has identified Elijah House as the approved bid for this project. If not budgeted, fill in the blanks below only: Estimated Cost: $450,000.00 Amount Budgeted: $450,000 Additional Requested: $0 Future Annual Cost: TBD Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Approve Agreement Between County of Lake and Behavioral Health Services as Lead Agency of the Lake County Continuum of Care and Elijah House for Services Funded under the Emergency Solutions Grant - Coronavirus (ESG-CV) Program for Fiscal Year 2021-22 in an amount not to exceed $450,000 and authorize the Chair to sign.

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Todd Metcalf, M.P.A. Behavioral Health Services Director Subject: Approve Agreement Between County of Lake and Behavioral Health Services as Lead Agency of the Lake County Continuum of Care and Elijah House for Transitional Housing Services for Fiscal Years 2021-25 in an amount not to exceed $207,585 and authorize the Chair to sign. Executive Summary: Attached, for your review, is the Agreement between the County of Lake - Lake County Behavioral Health Services as Lead Agency for the Lake County Continuum of Care and Elijah House for services and resources associated with Transitional Housing for Fiscal Year 2021-25. Lake County Behavioral Health Services is the lead administrative agency for the Lake County Continuum of Care (CoC). The Lake County CoC has performed an independent bidding process and has identified Elijah House as the approved bid for this project. If not budgeted, fill in the blanks below only: Estimated Cost: $207,585.00 Amount Budgeted: $207,585.00 Additional Requested: $0 Future Annual Cost: TBD Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades ☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below: Which exemption is being requested? How long has Agreement been in place? When was purchase last rebid? Reason for request to waive bid? Recommended Action: Approve Agreement Between County of Lake and Behavioral Health Services as Lead Agency of the Lake County Continuum of Care and Elijah House for Transitional Housing Services for Fiscal Years 2021-25 in an amount not to exceed $207,585 and authorize the Chair to sign.

Memorandum Date: July 20, 2021 To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors From: Denise Pomeroy, Health Services Director Subject: Consideration of a presentation from the Cyanobacteria Communication Work Group Multi-Agency members Executive Summary: In order to raise awareness of the possibility of Cyanobacteria in our county's water bodies, and the health risks associated, the Cyanobacteria Communication Work Group requests an audience with the Board of Supervisors and the community for a brief presentation during the July 13, 2021 BOS meeting. This presentation is estimated to take about 30 minutes, 10 of which are dedicated for a short question and answer period. 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: Consideration of a presentation from the Cyanobacteria Communication Work Group Multi-Agency members