Lake County Meetings — interactive archive

Board Of Supervisors — Tuesday, October 19, 2021

9:00 AM · Board Chambers

Approved minutes (PDF)

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Thank you for your interest in this meeting.

1. Call to Order

2. Moment of Silence

3. Pledge of Allegiance

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

5. Approval of the Consent Agenda

5.1(a) Rescind action taken on October 5, 2021 under extra agenda item 4.3 (b) to adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration and reestablishing the Deputy Health Services Director as a County classification; and (b) Rescind action taken on October 5, 2021 under extra agenda item 4.3 (c) to appoint Jennifer Baker to Interim Deputy Health Services Director effective October 6, 2021; and (c) Rescind action taken on October 5, 2021 under extra agenda item 4.4 to appoint CAO Carol Huchingson to Interim Health Services Director; and (d) Appoint CAO Carol Huchingson to Interim Health Services Director; and (e) Adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration and reestablishing the Deputy Health Services Director as a County classification; and (f) Appoint Jennifer Baker to Interim Deputy Health Services Director effective October 6, 2021 Action Item pulled on consent Motion carried · 5 motions
Carried 4-0 — moved by Pyska
Crandell: absent Pyska: aye Sabatier: aye Scott: aye Simon: aye
Carried 4-0 — moved by Simon
Crandell: absent Pyska: aye Sabatier: aye Scott: aye Simon: aye
Carried 4-0 — moved by Simon
Crandell: absent Pyska: aye Sabatier: aye Scott: aye Simon: aye
Carried 4-0 — moved by Simon
Crandell: absent Pyska: aye Sabatier: aye Scott: aye Simon: aye
Carried 4-0 — moved by Simon
Crandell: absent Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Carol J. Huchingson - County Administrative Officer · Subject: (a) Rescind action taken on October 5, 2021 under extra agenda item 4.3 (b) to adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration and reestablishing the Deputy Health Services Director as a County classification

(b) Rescind action taken on October 5, 2021 under extra agenda item 4.3 (c) to appoint Jennifer Baker to Interim Deputy Health Services Director effective October 6, 2021 (c) Rescind action taken on October 5, 2021 under extra agenda item 4.4 to appoint CAO Carol Huchingson to Interim Health Services Director (d) Appoint CAO Carol Huchingson to Interim Health Services Director (e) Adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration and reestablishing the Deputy Health Services Director as a County classification. (f) Appoint Jennifer Baker to Interim Deputy Health Services Director effective October 6, 2021

Executive Summary

During your October 5, 2021 Board meeting, your Board took action to consider extra agenda items 4.3 (b) and (c) and 4.4. Given the lateness of the hour during which your actions were taken, it was not possible to restart granicus or zoom. I am requesting your Board rescind the actions you took on October 5, 2021: (a) Rescind action taken on October 5, 2021 under extra agenda item 4.3 (b) to adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration and reestablishing the Deputy Health Services Director as a County classification. (b) Rescind action taken on October 5, 2021 under extra agenda item 4.3 (c) to appoint Jennifer Baker to Interim Deputy Health Services Director effective October 6, 2021. (c) Rescind action taken on October 5, 2021 under extra agenda item 4.4 to appoint CAO Carol Huchingson to Interim Health Services Director. Additionally, during your October 19, 2021 agenda, I am requesting your Board approve the following actions: (d) Appoint CAO Carol Huchingson to Interim Health Services Director effective October 5, 2021, with no change in salary. (e) Adopt position allocation resolution to re-establish the Deputy Health Services Director in County service and add one allocation to Budget Unit 4012, Health Services Administration. The Deputy Health Services Director will be responsible for assisting with the management, supervision, and coordination of functions and services of the Health Services Department and work closely with other management staff to meet the goals of the department. The salary has been assigned based comparable County positions and County standards per salary spread guidelines. Below is the classification information: Classification: Deputy Health Services Director Class Code: 1-2057 Grade: M46* Step 1: $6,850 Monthly* *Effective 11/01/2021 the salary is tied to grade M52, step 1 $8,178 monthly. (f) Appoint Jennifer Baker to Interim Deputy Health Services Director effective 10/06/21. Ms. Baker formerly served as Staff Services Analyst in Health Services Administration, and is presently serving as Risk Coordinator in the County Counsel's Office. During this interim appointment, she will be based in the Health Department on a full-time basis.

Recommended Action

(a) Rescind action taken on October 5, 2021 under extra agenda item 4.3 (b) to adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration and reestablishing the Deputy Health Services Director as a County classification (b) Rescind action taken on October 5, 2021 under extra agenda item 4.3 (c) to appoint Jennifer Baker to Interim Deputy Health Services Director effective October 6, 2021 (c) Rescind action taken on October 5, 2021 under extra agenda item 4.4 to appoint CAO Carol Huchingson to Interim Health Services Director (d) Appoint CAO Carol Huchingson to Interim Health Services Director effective October 5, 2021, with no change in salary. (e) Adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration and reestablishing the Deputy Health Services Director as a County classification. (f) Appoint Jennifer Baker to Interim Deputy Health Services Director effective October 6, 2021.

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

Strategic priorities: County Workforce Business Process Efficiency

Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Carol J. Huchingson - County Administrative Officer Subject: (a) Rescind action taken on October 5, 2021 under extra agenda item 4.3 (b) to adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration and reestablishing the Deputy Health Services Director as a County classification (b) Rescind action taken on October 5, 2021 under extra agenda item 4.3 (c) to appoint Jennifer Baker to Interim Deputy Health Services Director effective October 6, 2021 (c) Rescind action taken on October 5, 2021 under extra agenda item 4.4 to appoint CAO Carol Huchingson to Interim Health Services Director (d) Appoint CAO Carol Huchingson to Interim Health Services Director (e) Adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration and reestablishing the Deputy Health Services Director as a County classification. (f) Appoint Jennifer Baker to Interim Deputy Health Services Director effective October 6, 2021 Executive Summary: During your October 5, 2021 Board meeting, your Board took action to consider extra agenda items 4.3 (b) and (c) and 4.4. Given the lateness of the hour during which your actions were taken, it was not possible to restart granicus or zoom. I am requesting your Board rescind the actions you took on October 5, 2021: (a) Rescind action taken on October 5, 2021 under extra agenda item 4.3 (b) to adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration and reestablishing the Deputy Health Services Director as a County classification. (b) Rescind action taken on October 5, 2021 under extra agenda item 4.3 (c) to appoint Jennifer Baker to Interim Deputy Health Services Director effective October 6, 2021. (c) Rescind action taken on October 5, 2021 under extra agenda item 4.4 to appoint CAO Carol Huchingson to Interim Health Services Director. Additionally, during your October 19, 2021 agenda, I am requesting your Board approve the following actions: (d) Appoint CAO Carol Huchingson to Interim Health Services Director effective October 5, 2021, with no change in salary. (e) Adopt position allocation resolution to re-establish the Deputy Health Services Director in County service and add one allocation to Budget Unit 4012, Health Services Administration. The Deputy Health Services Director will be responsible for assisting with the management, supervision, and coordination of functions and services of the Health Services Department and work closely with other management staff to meet the goals of the department. The salary has been assigned based comparable County positions and County standards per salary spread guidelines. Below is the classification information: Classification: Deputy Health Services Director Class Code: 1-2057 Grade: M46* Step 1: $6,850 Monthly* *Effective 11/01/2021 the salary is tied to grade M52, step 1 $8,178 monthly. (f) Appoint Jennifer Baker to Interim Deputy Health Services Director effective 10/06/21. Ms. Baker formerly served as Staff Services Analyst in Health Services Administration, and is presently serving as Risk Coordinator in the County Counsel's Office. During this interim appointment, she will be based in the Health Department on a full-time basis. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery ☐ Economic Development ☐ Infrastructure ☒ County Workforce ☐ Community Collaboration ☒ Business Process Efficiency ☐ Clear Lake Recommended Action: (a) Rescind action taken on October 5, 2021 under extra agenda item 4.3 (b) to adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration and reestablishing the Deputy Health Services Director as a County classification (b) Rescind action taken on October 5, 2021 under extra agenda item 4.3 (c) to appoint Jennifer Baker to Interim Deputy Health Services Director effective October 6, 2021 (c) Rescind action taken on October 5, 2021 under extra agenda item 4.4 to appoint CAO Carol Huchingson to Interim Health Services Director (d) Appoint CAO Carol Huchingson to Interim Health Services Director effective October 5, 2021, with no change in salary. (e) Adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration and reestablishing the Deputy Health Services Director as a County classification. (f) Appoint Jennifer Baker to Interim Deputy Health Services Director effective October 6, 2021.
a) On motion of Supervisor Pyska, and by vote of the Board, Rescinded action taken on October 5, 2021 under extra agenda item 4.3 (b) to adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No. 4012, Health Services Administration and reestablishing the Deputy Health Services Director as a County classification. The motion carried by the following vote: Ayes- Supervisors: 4 - Simon, Scott, Pyska, and Sabatier Absent- Supervisor: 1 - Crandell b) On motion of Supervisor Simon, and by vote of the Board, Rescinded action taken on October 5, 2021 under extra agenda item 4.3 (c) to appoint Jennifer Baker to Interim Deputy Health Services Director effective October 6, 2021. The motion carried by the following vote: Ayes- Supervisors: 4 - Simon, Scott, Pyska, and Sabatier Absent- Supervisor: 1 - Crandell (c) On motion of Supervisor Simon, and by vote of the Board, Rescinded action taken on October 5, 2021 under extra agenda item 4.4 to appoint CAO Carol Huchingson to Interim Health Services Director. The motion carried by the following vote: Ayes- Supervisors: 4 - Simon, Scott, Pyska, and Sabatier Absent- Supervisor: 1 - Crandell (d) On motion of Supervisor Simon, and by vote of the Board, Appointed CAO Carol Huchingson to Interim Health Services Director effective October 5, 2021, with no change in salary. The motion carried by the following vote: Ayes- Supervisors: 4 - Simon, Scott, Pyska, and Sabatier Absent- Supervisor: 1 - Crandell (e) Supervisor Simon offered the resolution and it was passed by roll call vote: Ayes- Supervisors: 4 - Simon, Scott, Pyska, and Sabatier Absent- Supervisor: 1 - Crandell (f) On motion of Supervisor Simon, and by vote of the Board, Appointed Jennifer Baker to Interim Deputy Health Services Director effective October 6, 2021. The motion carried by the following vote: Ayes- Supervisors: 4 - Simon, Scott, Pyska, and Sabatier Absent- Supervisor: 1 - Crandell
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board. County Counsel Anita Grant spoke. Chair Sabatier asked if anyone present wished to speak and the following person present in the Board of Supervisors Chambers spoke: Joan Moss. No one else wished to speak and the public input portion of this item was closed.
5.2Approve Electronic Submittal of Phase 1 United States Economic Development Administration Build Back Better Regional Challenge Grant Application Action Item passed on consent
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Carol J. Huchingson, County Administrative Officer · Subject: Approve Electronic Submittal of Phase 1 United States Economic Development Administration Build Back Better Regional Challenge Grant Application

Executive Summary

As you will recall, your Board entered into a Letter of Commitment with Trane September 21, 2021, to enable pursuit of grant funding toward development of a Firemain Linked Auxiliary Supply Hydraulic Energy Storage (FLASHES) System project in the North Lakeport Area: https://countyoflake.legistar.com/View.ashx?M=F&ID=9817674&GUID=BA04E521-1644-49A3-957B-4ACD40DF4F7A Today (October 19) is the Phase 1 application deadline for the United State Economic Development Administration's Build Back Better Regional Challenge program. Since September 21, members of your Board, Staff and representatives from Trane and their subcontractors have been hard at work securing Letters of Support and completing other elements of the documentation required for this funding opportunity. Staff recommends your Board authorize the County Administrative Officer, or my designee, to electronically submit Lake County's Phase 1 application today, meeting the grant deadline.

Recommended Action

Approve electronic submittal of Phase 1 United States Economic Development Administration Build Back Better Regional Challenge Grant Application

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

Strategic priorities: Well-being of Residents Public Safety Disaster Prevention, Preparedness, Recovery Economic Development Infrastructure Community Collaboration

Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Carol J. Huchingson, County Administrative Officer Subject: Approve Electronic Submittal of Phase 1 United States Economic Development Administration Build Back Better Regional Challenge Grant Application Executive Summary: As you will recall, your Board entered into a Letter of Commitment with Trane September 21, 2021, to enable pursuit of grant funding toward development of a Firemain Linked Auxiliary Supply Hydraulic Energy Storage (FLASHES) System project in the North Lakeport Area: https://countyoflake.legistar.com/View.ashx?M=F&ID=9817674&GUID=BA04E521-1644-49A3-957B-4ACD40DF4F7A Today (October 19) is the Phase 1 application deadline for the United State Economic Development Administration's Build Back Better Regional Challenge program. Since September 21, members of your Board, Staff and representatives from Trane and their subcontractors have been hard at work securing Letters of Support and completing other elements of the documentation required for this funding opportunity. Staff recommends your Board authorize the County Administrative Officer, or my designee, to electronically submit Lake County's Phase 1 application today, meeting the grant deadline. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☒ Public Safety ☒ Disaster Prevention, Preparedness, Recovery ☒ Economic Development ☒ Infrastructure ☐ County Workforce ☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake Recommended Action: Approve electronic submittal of Phase 1 United States Economic Development Administration Build Back Better Regional Challenge Grant Application
5.3Approve Budget Transfer in Budget Unit 2703, Animal Care and Control to Object Code 62-74 to complete final payment of backup generator installation and create the capital asset. Action Item passed on consent
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Jonathan Armas, Director, Lake County Animal Care and Control · Subject: Approve Budget Transfer in Budget Unit 2703, Animal Care and Control to Object Code 62-74 to complete final payment of backup generator installation and create the capital asset.

Executive Summary

In 2019, Animal Care and Control was granted the authorization to purchase a backup generator to assist in the care of animals during disasters and PSPS outages. The backup generator was installed and Animal Care and Control received an invoice that was thought to be the total cost of purchase and installation. It has come to the attention of Animal Care and Control that a later invoice was received for a portion of the costs related to the purchase and installation of the generator separate of what was already paid. Due to the length of time between the original allocations, Animal Care and Control no longer has the funds available within budget 2703, object code 62.74 to complete the asset purchase and installation of the generator. Lake County Animal Care and Control needs to transfer funds from Object Code 01-11 salaries and wages, where funds will be replenished during mid-year. The generator has been installed and the job has been completed. Please approve the budget transfer of $30,822 from Object Code 01-11 to Object Code 62-74 to complete final payment of installation of the backup generator and create the capital asset.

Recommended Action

The Animal Care and Control Department recommends Approving the Budget Transfer in Budget Unit 2703, Animal Care and Control from Object Code 01-11 to Object Code 62-74 to complete final payment of backup generator installation.

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

Strategic priorities: Infrastructure

Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Jonathan Armas, Director, Lake County Animal Care and Control Subject: Approve Budget Transfer in Budget Unit 2703, Animal Care and Control to Object Code 62-74 to complete final payment of backup generator installation and create the capital asset. Executive Summary: In 2019, Animal Care and Control was granted the authorization to purchase a backup generator to assist in the care of animals during disasters and PSPS outages. The backup generator was installed and Animal Care and Control received an invoice that was thought to be the total cost of purchase and installation. It has come to the attention of Animal Care and Control that a later invoice was received for a portion of the costs related to the purchase and installation of the generator separate of what was already paid. Due to the length of time between the original allocations, Animal Care and Control no longer has the funds available within budget 2703, object code 62.74 to complete the asset purchase and installation of the generator. Lake County Animal Care and Control needs to transfer funds from Object Code 01-11 salaries and wages, where funds will be replenished during mid-year. The generator has been installed and the job has been completed. Please approve the budget transfer of $30,822 from Object Code 01-11 to Object Code 62-74 to complete final payment of installation of the backup generator and create the capital asset. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery ☐ Economic Development ☒ Infrastructure ☐ County Workforce ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake Recommended Action: The Animal Care and Control Department recommends Approving the Budget Transfer in Budget Unit 2703, Animal Care and Control from Object Code 01-11 to Object Code 62-74 to complete final payment of backup generator installation.
5.4Rescind Board Action to Approve the Closure of Child Support Services to the Public from Noon, October 21, 2021 through the end of the day of October 22, 2021 Action Item passed on consent
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Gail Woodworth Director, Child Support Services · Subject: Rescind Board Action to Approve the Closure of Child Support Services to the Public from Noon, October 21, 2021 through the end of the day of October 22, 2021

Executive Summary

A request to close the Child Support Services office located at 3980 Gard St., Kelseyville to the public from noon, October 21, 2021 through October 22, 2021 was submitted and approved by your Board on September 21, 2021. The purpose of this closure was for the State Department of Child Support Services to migrate our Child Support Enforcement (CSE) system to the Cloud. Notification has been received from the State Department of Child Support Services that this process will be moving to a later date, possibly next month. Due to this change, I respectfully request your Board rescind the action taken to approve the closure of Child Support Services on October 21 and 22, 2021. Once a new date for system migration is determined, a request to close Child Support Services to the Public will be resubmitted for consideration. Thank you. Not applicable

Recommended Action

Rescind Board Action to Approve the Closure of Child Support Services to the Public from Noon, October 21, 2021 through the end of the day of October 22, 2021.

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

Strategic priorities: Business Process Efficiency

Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Gail Woodworth Director, Child Support Services Subject: Rescind Board Action to Approve the Closure of Child Support Services to the Public from Noon, October 21, 2021 through the end of the day of October 22, 2021 Executive Summary: A request to close the Child Support Services office located at 3980 Gard St., Kelseyville to the public from noon, October 21, 2021 through October 22, 2021 was submitted and approved by your Board on September 21, 2021. The purpose of this closure was for the State Department of Child Support Services to migrate our Child Support Enforcement (CSE) system to the Cloud. Notification has been received from the State Department of Child Support Services that this process will be moving to a later date, possibly next month. Due to this change, I respectfully request your Board rescind the action taken to approve the closure of Child Support Services on October 21 and 22, 2021. Once a new date for system migration is determined, a request to close Child Support Services to the Public will be resubmitted for consideration. Thank you. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☒ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery ☐ Economic Development ☐ Infrastructure ☐ County Workforce ☐ Community Collaboration ☒ Business Process Efficiency ☐ Clear Lake Recommended Action: Rescind Board Action to Approve the Closure of Child Support Services to the Public from Noon, October 21, 2021 through the end of the day of October 22, 2021.
5.5Approve Board of Supervisors Minutes September 9, 2021, September 28, 2021, and October 2, 2021 Minutes passed on consent
5.6(a) Adopt “Resolution Accepting Official Canvass of the Statewide Special Election held on September 14, 2021”; and (b) Accept the Certification of County Elections Official of the official canvass of the election results with the official Statement of Votes prepared by the Registrar of Voters office. Action Item passed on consent
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Maria Valadez · Subject: (a) Adopt "Resolution Accepting Official Canvass of the Statewide Special Election held on September 14, 2021"; and (b) Accept the Certification of County Elections Official of the official canvass of the election results with the official Statement of Votes prepared by the Registrar of Voters office.

Executive Summary

The attached resolution titled "Resolution Accepting Official Canvass of the Statewide Special Election held on September 14, 2021" and the elections official's certification of the official canvass of the election results and the results of the 1% manual tally of randomly selected voting precincts with the official Statement of Votes is being submitted for your Board's approval pursuant to Section 15372 of the California Elections Code. Not applicable

Recommended Action

It is recommended that your (a) Adopt "Resolution Accepting Official Canvass of the Statewide Special Election held on September 14, 2021"; and (b) Accept the Certification of County Elections Official of the official canvass of the election results with the official Statement of Votes prepared by the Registrar of Voters office.

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

Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Maria Valadez Subject: (a) Adopt "Resolution Accepting Official Canvass of the Statewide Special Election held on September 14, 2021"; and (b) Accept the Certification of County Elections Official of the official canvass of the election results with the official Statement of Votes prepared by the Registrar of Voters office. Executive Summary: The attached resolution titled "Resolution Accepting Official Canvass of the Statewide Special Election held on September 14, 2021" and the elections official's certification of the official canvass of the election results and the results of the 1% manual tally of randomly selected voting precincts with the official Statement of Votes is being submitted for your Board's approval pursuant to Section 15372 of the California Elections Code. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☒ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery ☐ Economic Development ☐ Infrastructure ☐ County Workforce ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake Recommended Action: It is recommended that your (a) Adopt "Resolution Accepting Official Canvass of the Statewide Special Election held on September 14, 2021"; and (b) Accept the Certification of County Elections Official of the official canvass of the election results with the official Statement of Votes prepared by the Registrar of Voters office.
5.7(a) Waive the formal bidding process pursuant to section 2-30 8.2 of the County Purchasing Ordinance due to the unique goods and services; and (b) Authorize the IT Director to issue a Purchase Order to Tyler Technologies, Inc. for Executime Clocks in the amount of $44,295 Action Item passed on consent
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Shane French, Information Technology Director · Subject: (a) Waive the formal bidding process pursuant to section 2-30 8.2 of the County Purchasing Ordinance due to the unique goods and services; and (b) Authorize the IT Director to issue a Purchase Order to Tyler Technologies, Inc. for Executime Clocks in the amount of $44,295

Executive Summary

Several departments utilize a network-connected clock that interfaces with the Executime Time Keeping system. These clocks allow employees without computers to clock-in and clock-out at the beginning and end of their shifts. Some time ago, Tyler Technologies (the supplier of the Executime system and software) announced that our current clocks would no longer be supported on their system. IT has received a quotation from Tyler Technology to replace the current clocks with supported models.

Attachments

Sole Source Letter-Tyler Technologies Department Executime Clock Listing Not applicable

Recommended Action

(a) Waive the formal bidding process pursuant to section 2-30 8.2 of the County Purchasing Ordinance due to the unique goods and services; and (b) Authorize the IT Director to issue a Purchase Order to Tyler Technologies, Inc. for Executime Clocks in the amount of $44,295
Cost
Estimated Cost$44,295
Amount Budgeted$70,000
Additional Requested$0
Future Annual Cost$0
Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Shane French, Information Technology Director Subject: (a) Waive the formal bidding process pursuant to section 2-30 8.2 of the County Purchasing Ordinance due to the unique goods and services; and (b) Authorize the IT Director to issue a Purchase Order to Tyler Technologies, Inc. for Executime Clocks in the amount of $44,295 Executive Summary: Several departments utilize a network-connected clock that interfaces with the Executime Time Keeping system. These clocks allow employees without computers to clock-in and clock-out at the beginning and end of their shifts. Some time ago, Tyler Technologies (the supplier of the Executime system and software) announced that our current clocks would no longer be supported on their system. IT has received a quotation from Tyler Technology to replace the current clocks with supported models. Attachments: Sole Source Letter-Tyler Technologies Department Executime Clock Listing If not budgeted, fill in the blanks below only: Estimated Cost: $44,295 Amount Budgeted: $70,000 Additional Requested: $0 Future Annual Cost: $0 Consistency with Vision 2028 (check all that apply): ☒ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery ☐ Economic Development ☐ Infrastructure ☐ County Workforce ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake Recommended Action: (a) Waive the formal bidding process pursuant to section 2-30 8.2 of the County Purchasing Ordinance due to the unique goods and services; and (b) Authorize the IT Director to issue a Purchase Order to Tyler Technologies, Inc. for Executime Clocks in the amount of $44,295
5.8Approve a budget transfer in Budget Unit 1671, Buildings & Grounds, to increase capital asset account 62-74 for the purchase of an enclosed cargo trailer Action Item passed on consent
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Lars Ewing, Public Services Director · Subject: Approve a budget transfer in Budget Unit 1671, Buildings & Grounds, to increase capital asset account 62-74 for the purchase of an enclosed cargo trailer

Executive Summary

(include fiscal and staffing impact narrative): Public Services budgeted $7,000 in the 21/22 budget for the purchase of an enclosed cargo trailer to transport and store tools and materials for facilities maintenance work. Staff solicited quotes in accordance with the County purchasing code. All quotes exceeded the budgeted amount, consequently it is necessary to increase capital asset object code 62-74 in the amount of $3,000 to appropriate additional funds. Funds are proposed to be transferred from the facilities maintenance inventory account, 38-00. _____________________________________________________________________________

Recommended Action

Approve a budget transfer in Budget Unit 1671, Buildings & Grounds, to increase capital asset account 62.74 for the purchase of an enclosed cargo trailer
Cost
Estimated Cost$9,900
Amount Budgeted$7,000
Additional Requested$3,000
Future Annual Cost0

Strategic priorities: Infrastructure Disaster Recovery County Workforce Business Process Efficiency

Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Lars Ewing, Public Services Director Subject: Approve a budget transfer in Budget Unit 1671, Buildings & Grounds, to increase capital asset account 62-74 for the purchase of an enclosed cargo trailer Executive Summary: (include fiscal and staffing impact narrative): Public Services budgeted $7,000 in the 21/22 budget for the purchase of an enclosed cargo trailer to transport and store tools and materials for facilities maintenance work. Staff solicited quotes in accordance with the County purchasing code. All quotes exceeded the budgeted amount, consequently it is necessary to increase capital asset object code 62-74 in the amount of $3,000 to appropriate additional funds. Funds are proposed to be transferred from the facilities maintenance inventory account, 38-00. _____________________________________________________________________________ If not budgeted, fill in the blanks below only: Estimated Cost: $9,900 Amount Budgeted: $7,000 Additional Requested: $3,000 Future Annual Cost: 0 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 a budget transfer in Budget Unit 1671, Buildings & Grounds, to increase capital asset account 62.74 for the purchase of an enclosed cargo trailer
5.9A) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Rural Recreation & Tourism Program for Courthouse Museum Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents; B) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Regional Park Program for Mount Konocti Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents Action Item passed on consent
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Lars Ewing, Public Services Director · Subject: A) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Rural Recreation & Tourism Program for Courthouse Museum Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents; B) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Regional Park Program for Mount Konocti Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents

Executive Summary

The Public Services Department intends to submit applications this November for two grant programs offered through the California Department of Parks and Recreation; the Rural Recreation and Tourism Program (RRT), and the Regional Parks Program (RPP). The intent of the RRT program is to create new recreation features in support of economic, tourism, and health related goals. The intent of the RPP program is to create, expand, and improve regional parks that offer nature appreciation, athletic activities, historical/cultural enrichment, or other recreational activities in an open space area. Both grant programs have $23,125,000 available statewide, with a minimum grant request of $200,000 and a maximum grant request of $3,000,000, and no match required for either park based on the guidelines of each grant program. Staff reviewed the grant guidelines and believes that improvement projects at Courthouse Museum Park through the RRT program, and Mount Konocti Park through the RPP program, would be most competitive. To that end staff has prepared the attached resolutions from your Board approving the applications and authorizing the Public Services Director to sign the grant documents.

Recommended Action

A) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Rural Recreation & Tourism Program for Courthouse Museum Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents; B) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Regional Park Program for Mount Konocti Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents

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

Strategic priorities: Well-being of Residents Public Safety Disaster Prevention, Preparedness, Recovery Economic Development Infrastructure County Workforce Community Collaboration Business Process Efficiency Clear Lake

Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Lars Ewing, Public Services Director Subject: A) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Rural Recreation & Tourism Program for Courthouse Museum Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents; B) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Regional Park Program for Mount Konocti Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents Executive Summary: The Public Services Department intends to submit applications this November for two grant programs offered through the California Department of Parks and Recreation; the Rural Recreation and Tourism Program (RRT), and the Regional Parks Program (RPP). The intent of the RRT program is to create new recreation features in support of economic, tourism, and health related goals. The intent of the RPP program is to create, expand, and improve regional parks that offer nature appreciation, athletic activities, historical/cultural enrichment, or other recreational activities in an open space area. Both grant programs have $23,125,000 available statewide, with a minimum grant request of $200,000 and a maximum grant request of $3,000,000, and no match required for either park based on the guidelines of each grant program. Staff reviewed the grant guidelines and believes that improvement projects at Courthouse Museum Park through the RRT program, and Mount Konocti Park through the RPP program, would be most competitive. To that end staff has prepared the attached resolutions from your Board approving the applications and authorizing the Public Services Director to sign the grant documents. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☒ Public Safety ☒ Disaster Prevention, Preparedness, Recovery ☒ Economic Development ☒ Infrastructure ☒ County Workforce ☒ Community Collaboration ☒ Business Process Efficiency ☒ Clear Lake Recommended Action: A) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Rural Recreation & Tourism Program for Courthouse Museum Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents; B) Adopt Resolution authorizing an application for funding through the California Department of Parks and Recreation Regional Park Program for Mount Konocti Park and authorize the Public Services Director to sign the Application, Grant Agreement and other necessary documents
5.10Approve Agreements between the County of Lake and Enterprise Fleet Management for leased vehicles and authorize the Director of Public Works to sign the Agreements Agreement passed on consent
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Scott De Leon, Public Works Director · Subject: Approve Agreements between the County of Lake and Enterprise Fleet Management for leased vehicles and authorize the Director of Public Works to sign the Agreements

Executive Summary

In this Department's continued efforts to evaluate the leasing of vehicles instead of purchasing them for use in the County vehicle fleet, staff proposes to lease an additional four (4) vehicles from our current vendor, Enterprise Fleet Management (Enterprise), to be placed in the Central Garage Fleet. Two of these vehicles will go into the general fleet pool for use by any County department, while the other two vehicles will be assigned to specific departments to replace vehicles that have reached their maximum mileage cap. With each vehicle, an agreement is made with Enterprise that specifies the monthly lease rate and the total cost of the vehicle. While individual agreements are within the Public Works Director's authority to approve, cumulatively the total cost of the four agreements falls within a purchasing range that requires Board approval. Therefore, today's item is intended for your Board to approve the Agreements with Enterprise based on the provisions of the Lake County Purchasing Code and authorize the Public Works Director to sign those Agreements. The vendor (Enterprise) has contracted with Sourcewell, formally known as the National Joint Powers Alliance (NJPA), to provide fleet management services, and the use of Sourcewell meets the requirements of Ordinance #3109, Purchasing Code No. 38.4 Cooperative Purchases. The Sourcewell information on Enterprise and a sample Lease Agreement is attached for your information as well as a list of vehicles that are intended for replacement with leased vehicles. As shown on the attached list, the total amount of the lease contracts is expected to be $34,756.

Recommended Action

Approve Agreements between the County of Lake and Enterprise Fleet Management for leased vehicles and authorize the Director of Public Works to sign the Agreements.

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

Strategic priorities: Infrastructure Business Process Efficiency

Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Scott De Leon, Public Works Director Subject: Approve Agreements between the County of Lake and Enterprise Fleet Management for leased vehicles and authorize the Director of Public Works to sign the Agreements Executive Summary: In this Department's continued efforts to evaluate the leasing of vehicles instead of purchasing them for use in the County vehicle fleet, staff proposes to lease an additional four (4) vehicles from our current vendor, Enterprise Fleet Management (Enterprise), to be placed in the Central Garage Fleet. Two of these vehicles will go into the general fleet pool for use by any County department, while the other two vehicles will be assigned to specific departments to replace vehicles that have reached their maximum mileage cap. With each vehicle, an agreement is made with Enterprise that specifies the monthly lease rate and the total cost of the vehicle. While individual agreements are within the Public Works Director's authority to approve, cumulatively the total cost of the four agreements falls within a purchasing range that requires Board approval. Therefore, today's item is intended for your Board to approve the Agreements with Enterprise based on the provisions of the Lake County Purchasing Code and authorize the Public Works Director to sign those Agreements. The vendor (Enterprise) has contracted with Sourcewell, formally known as the National Joint Powers Alliance (NJPA), to provide fleet management services, and the use of Sourcewell meets the requirements of Ordinance #3109, Purchasing Code No. 38.4 Cooperative Purchases. The Sourcewell information on Enterprise and a sample Lease Agreement is attached for your information as well as a list of vehicles that are intended for replacement with leased vehicles. As shown on the attached list, the total amount of the lease contracts is expected to be $34,756. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery ☐ Economic Development ☒ Infrastructure ☐ County Workforce ☐ Community Collaboration ☒ Business Process Efficiency ☐ Clear Lake Recommended Action: Approve Agreements between the County of Lake and Enterprise Fleet Management for leased vehicles and authorize the Director of Public Works to sign the Agreements.
5.11(Sitting as the Board of Directors for the Lake County Watershed Protection District) Approve the Purchase Agreement with Michael S. Mountanos for acquisition of property within the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project in the amount of $1,495,600.00 and authorize the Chair of the Board of Directors to sign the Purchase Agreement Agreement passed on consent
Staff memo

Date: October 7, 2021 · To: The Honorable Lake County Board of Supervisors · From: Scott De Leon, Public Works/Water Resources Director · Subject: (Sitting as the Board of Directors for the Lake County Watershed Protection District) Approve the Purchase Agreement with Michael S. Mountanos for acquisition of property within the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project in the amount of $1,495,600.00 and authorize the Chair of the Board of Directors to sign the Purchase Agreement

Executive Summary

Our relocation consultant Paragon Partners, Ltd (Paragon) has reached an agreement for the purchase of property known as Assessor's Parcel Numbers 031-031-090 & 031-041-320 owned by Michael S. Mountanos, Trustee of the Michael S. Mountanos Living Trust. The purchase of this property will be a step closer toward the development of the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project. The appraisal was prepared and presented by a third party hired by Paragon in the amount of $1,371,000.00. Paragon received a counter-offer by the current owner's broker in the amount of $1,000.00 more per acre. Paragon notified the County of the counter-offer to which the County approved of the counter-offer. As a result, Paragon drafted an Administrative Settlement outlining the increase of the first written offer amount from $1,371,000.00 to $1,495,600.00. $1,371,000.00 of the acquisition cost is being funded through Grant funds awarded by the State of California, Department of Water Resources, and the Flood Corridor Program following the provisions required by the Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970. The remaining $124,600.00 is being funded by the District by means of available Reserves as outlined by the Administrative Settlement approved by the Board of Directors on June 2, 2021. The District is actively seeking additional funding opportunities to reimburse the borrowed $125,600.00 from Reserves.

Recommended Action

Sitting as the Board of Directors for the Lake County Watershed Protection District Approve the Purchase Agreement with Michael S. Mountanos for acquisition of property within the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project ( APN'S: 031-031-090 & 031-041-320) and authorize the Chair of the Board of Directors to sign the Purchase Agreement

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

Strategic priorities: Well-being of Residents Public Safety Clear Lake

Original memo text
Memorandum Date: October 7, 2021 To: The Honorable Lake County Board of Supervisors From: Scott De Leon, Public Works/Water Resources Director Subject: (Sitting as the Board of Directors for the Lake County Watershed Protection District) Approve the Purchase Agreement with Michael S. Mountanos for acquisition of property within the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project in the amount of $1,495,600.00 and authorize the Chair of the Board of Directors to sign the Purchase Agreement Executive Summary: Our relocation consultant Paragon Partners, Ltd (Paragon) has reached an agreement for the purchase of property known as Assessor's Parcel Numbers 031-031-090 & 031-041-320 owned by Michael S. Mountanos, Trustee of the Michael S. Mountanos Living Trust. The purchase of this property will be a step closer toward the development of the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project. The appraisal was prepared and presented by a third party hired by Paragon in the amount of $1,371,000.00. Paragon received a counter-offer by the current owner's broker in the amount of $1,000.00 more per acre. Paragon notified the County of the counter-offer to which the County approved of the counter-offer. As a result, Paragon drafted an Administrative Settlement outlining the increase of the first written offer amount from $1,371,000.00 to $1,495,600.00. $1,371,000.00 of the acquisition cost is being funded through Grant funds awarded by the State of California, Department of Water Resources, and the Flood Corridor Program following the provisions required by the Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970. The remaining $124,600.00 is being funded by the District by means of available Reserves as outlined by the Administrative Settlement approved by the Board of Directors on June 2, 2021. The District is actively seeking additional funding opportunities to reimburse the borrowed $125,600.00 from Reserves. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☒ Public Safety ☐ Disaster Prevention, Preparedness, Recovery ☐ Economic Development ☐ Infrastructure ☐ County Workforce ☐ Community Collaboration ☐ Business Process Efficiency ☒ Clear Lake Recommended Action: Sitting as the Board of Directors for the Lake County Watershed Protection District Approve the Purchase Agreement with Michael S. Mountanos for acquisition of property within the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project ( APN'S: 031-031-090 & 031-041-320) and authorize the Chair of the Board of Directors to sign the Purchase Agreement
5.12(Sitting as the Board of Directors for the Lake County Watershed Protection District) (a) Adopt Resolution Approving Reimbursement Agreements between the Lake County Watershed Protection District and the City of Lakeport and the City of Clearlake to provide reimbursement for State-mandated Pyrethroid Sampling and Storm Water Monitoring Services; and (b) and Authorize the Water Resources Director to sign the Agreements. Agreement pulled on consent Motion carried · 2 motions
Carried 4-0 — moved by Scott
Crandell: absent Pyska: aye Sabatier: aye Scott: aye Simon: aye
Carried 4-0 — moved by Scott
Crandell: absent Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Scott De Leon, Public Works Director · Subject: (Sitting as the Board of Directors for the Lake County Watershed Protection District) (a) Adopt resolution approving reimbursement agreements between the Lake County Watershed Protection District and the City of Lakeport and the City of Clearlake to provide reimbursement for State-mandated Pyrethroid Sampling and Storm Water Monitoring Services; and (b) and authorize the Water Resources Director to sign the agreements.

Executive Summary

We request the Board of Directors sitting for the Lake County Watershed Protection District to approve and authorize the chair to sign the two attached Reimbursement Agreements between the District and (a) the City of Lakeport and separately, (b) the city of Clearlake. These reimbursement agreements allow Lake County storm water co-permittees, District, and the two cities, to cost-share an effort to sample and monitor Pyrethroid and Storm Water Quality within the basin as required by current requirements of the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit (Order No. 2013-0001). Attached for your approval, are both the reimbursement agreements, (a) Between the District and City of Lakeport in the total amount not to exceed $13,197.00 for one-time sediment and water Pyrethroid monitoring and $9,646.00 annually for storm water quality monitoring, and (b) Between the District and City of Clearlake in the total amounts not to exceed $13,483.25 for one-time sediment and water Pyrethroid monitoring and $10,255.00 annually for storm water quality monitoring. The expected completion date of the agreement is September 21, 2024. The services provided by the approval of these agreements helps to satisfy some of the items and goals outlined in the "Agreement Providing for Implement and Maintenance of The Lake County Clean Water Program" which was made between the Watershed Protection District, the County of Lake, the City of Clearlake, and the City of Lakeport and approved by all boards and councils in 2019.

Recommended Action

(Sitting as the Board of Directors for the Lake County Watershed Protection District) (a) Adopt resolution approving reimbursement agreements between the Lake County Watershed Protection District and the City of Lakeport and the City of Clearlake to provide reimbursement for State-mandated Pyrethroid Sampling and Storm Water Monitoring Services; and (b) and authorize the Water Resources Director to sign the agreements.

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

Strategic priorities: Well-being of Residents Public Safety Clear Lake

Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Scott De Leon, Public Works Director Subject: (Sitting as the Board of Directors for the Lake County Watershed Protection District) (a) Adopt resolution approving reimbursement agreements between the Lake County Watershed Protection District and the City of Lakeport and the City of Clearlake to provide reimbursement for State-mandated Pyrethroid Sampling and Storm Water Monitoring Services; and (b) and authorize the Water Resources Director to sign the agreements. Executive Summary: We request the Board of Directors sitting for the Lake County Watershed Protection District to approve and authorize the chair to sign the two attached Reimbursement Agreements between the District and (a) the City of Lakeport and separately, (b) the city of Clearlake. These reimbursement agreements allow Lake County storm water co-permittees, District, and the two cities, to cost-share an effort to sample and monitor Pyrethroid and Storm Water Quality within the basin as required by current requirements of the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit (Order No. 2013-0001). Attached for your approval, are both the reimbursement agreements, (a) Between the District and City of Lakeport in the total amount not to exceed $13,197.00 for one-time sediment and water Pyrethroid monitoring and $9,646.00 annually for storm water quality monitoring, and (b) Between the District and City of Clearlake in the total amounts not to exceed $13,483.25 for one-time sediment and water Pyrethroid monitoring and $10,255.00 annually for storm water quality monitoring. The expected completion date of the agreement is September 21, 2024. The services provided by the approval of these agreements helps to satisfy some of the items and goals outlined in the "Agreement Providing for Implement and Maintenance of The Lake County Clean Water Program" which was made between the Watershed Protection District, the County of Lake, the City of Clearlake, and the City of Lakeport and approved by all boards and councils in 2019. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☒ Public Safety ☐ Disaster Prevention, Preparedness, Recovery ☐ Economic Development ☐ Infrastructure ☐ County Workforce ☐ Community Collaboration ☐ Business Process Efficiency ☒ Clear Lake Recommended Action: (Sitting as the Board of Directors for the Lake County Watershed Protection District) (a) Adopt resolution approving reimbursement agreements between the Lake County Watershed Protection District and the City of Lakeport and the City of Clearlake to provide reimbursement for State-mandated Pyrethroid Sampling and Storm Water Monitoring Services; and (b) and authorize the Water Resources Director to sign the agreements.
On motion of Supervisor Scott, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.12 with the exception of items 5.1 and 5.12. The motion carried by the following vote: Ayes- Supervisors: 4 - Simon, Scott, Pyska, and Sabatier Absent- Supervisor: 1 - Crandell a) Supervisor Scott offered the resolution and it was passed by roll call vote: Ayes- Supervisors: 4 - Simon, Scott, Pyska, and Sabatier Absent- Supervisor: 1 - Crandell b) On motion of Supervisor Scott, and by vote of the Board, Authorized the Water Resources Director to sign the Agreements. The motion carried by the following vote: Ayes- Supervisors: 4 - Simon, Scott, Pyska, and Sabatier Absent- Supervisor: 1 - Crandell
Clerk’s notes: Deputy Water Resources Director Marina Deligiannis introduced the item to the Board. Invasive Species Manager Angela DePalma-Dow presented the item to the Board. Chair Sabatier asked if anyone present wished to speak and the following person present in the Board of Supervisors Chambers spoke: Joan Moss. No one else wished to speak and the public input portion of this item was closed.

6. Timed Items

6.19:05 A.M. - Public Input
Clerk’s notes: Public Members Carlos Bono, Will Tuttle, Ceva Guimelli, and Joan Moss spoke.
6.29:06 A.M. - Introduction of John Harper, new County Director for Mendocino and Lake County’s UC Extension program Action Item
no itemized roll call in the official record
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Carol J. Huchingson, County Administrative Officer · Subject: Introduction of John Harper, new County Director for Mendocino and Lake County's UC Extension program

Executive Summary

During our 10/19/21 meeting, I am requesting a timed item for the introduction and brief report/discussion with John Harper, new County Director for Mendocino and Lake County's UC Extension program.

Recommended Action

Discussion only.

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

Strategic priorities: Community Collaboration

Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Carol J. Huchingson, County Administrative Officer Subject: Introduction of John Harper, new County Director for Mendocino and Lake County's UC Extension program Executive Summary: During our 10/19/21 meeting, I am requesting a timed item for the introduction and brief report/discussion with John Harper, new County Director for Mendocino and Lake County's UC Extension program. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery ☐ Economic Development ☐ Infrastructure ☐ County Workforce ☒ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake Recommended Action: Discussion only.
Presentation Only.
Clerk’s notes: UC Extension Director John Harper presented the item to the Board. Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.39:30 A.M. - Consideration of Report from Bruce Wilson, Executive Director of the Workforce Alliance of the Northbay (WANB) Action Item
no itemized roll call in the official record
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Moke Simon, District 1 Supervisor · Subject: Consideration of Report from Bruce Wilson, Executive Director of the Workforce Alliance of the Northbay (WANB)

Executive Summary

During our 10/19/21 meeting, I am requesting a timed item for Bruce Wilson, Executive Director of the Workforce Alliance of the Northbay (WANB), to present a report to our Board on WANB activities. As our Board is aware, Supervisor Pyska and I serve as our Board's appointed WANB Governing Board members.

Recommended Action

Report only.

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

Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Moke Simon, District 1 Supervisor Subject: Consideration of Report from Bruce Wilson, Executive Director of the Workforce Alliance of the Northbay (WANB) Executive Summary: During our 10/19/21 meeting, I am requesting a timed item for Bruce Wilson, Executive Director of the Workforce Alliance of the Northbay (WANB), to present a report to our Board on WANB activities. As our Board is aware, Supervisor Pyska and I serve as our Board's appointed WANB Governing Board members. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery ☐ Economic Development ☐ Infrastructure ☐ County Workforce ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake Recommended Action: Report only.
Report Only.
Clerk’s notes: Supervisor Simon introduced the item to the Board. Bruce Wilson and Christi Gardner presented the item to the Board. Chair Sabatier asked if anyone present wished to speak and the following person present in the Board of Supervisors Chambers spoke: Joan Moss. No one else wished to speak and the public input portion of this item was closed.
6.410:30 A.M. - Hearing on Account and Proposed Assessment for the Property Located at 6814 Hammond Ave., Nice, CA; APN #031-071-46; Property Owner: Steve M. DeFilippis Action Item Adopted — Pass
Carried 4-0 — moved by Simon
Crandell: absent Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Mary Darby, Community Development Director Michael Herringshaw, Code Enforcement Program Supervisor · Subject: Hearing on Account and Proposed Assessment for the Property Located at 6814 Hammond Ave., Nice, CA; APN #031-071-46; Property Owner: Steve M. DeFilippis

Exhibits: A. 48 Hour Notice B. Certified Mail

Executive Summary

I. PROPERTY DESCRIPTION: Property Owner: STEVE M. DEFILIPPIS Location: 6814 Hammond Ave, Nice, CA 95464 APN: 031-071-46 Zoning: R1 (Single Family Residential) Case #: CMP21-00012 II. ABATEMENT SUMMARY Issue: Code Enforcement conducted a Summary Abatement at the property 6814 Hammond Ave., Nice, CA 95464. Rule: Lake County Code Sec. 13-9.1: The Enforcement Official determined that an immediate threat or danger exists to the health, safety, or welfare of the occupants of a particular property or to members of the public, may order a summary abatement of a public nuisance. Upon making a finding, concurrence by one (1) member of the Board of Supervisors and County Counsel, shall be sought.

Analysis

On May 6th, 2021, I conducted a site investigation. During the investigation, it was determined that a substantial amount of garbage and rubbish was open and exposed to the elements, and human waste existed on the property. It was determined that these conditions created an immediate threat and danger to the health, safety, or welfare of the occupants of a particular property or to members of the public. I obtained the concurrence by Supervisor Eddie Crandell and County Counsel. Conclusion: On May 10th, 2021, the 48-hour Summary Abatement was executed with the assistance of a contracted company. Only those conditions which posed an imminent danger to human life, or which were unsafe, or which were detrimental to the public health or safety were abated. Cost of abatement: $3,800 Administrative cost: 24 hrs x $82.96 = $1,991.04 Total: $5,791.04

Recommended Action

Staff recommends the Board of Supervisors approves the total costs of, $5,791.04, be recorded as a lien against the property located at 6814 Hammond Ave., Nice, CA 95464; APN #031-071-46.

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

Strategic priorities: Well-being of Residents Public Safety

Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Mary Darby, Community Development Director Michael Herringshaw, Code Enforcement Program Supervisor Subject: Hearing on Account and Proposed Assessment for the Property Located at 6814 Hammond Ave., Nice, CA; APN #031-071-46; Property Owner: Steve M. DeFilippis Exhibits: A. 48 Hour Notice B. Certified Mail Executive Summary: I. PROPERTY DESCRIPTION: Property Owner: STEVE M. DEFILIPPIS Location: 6814 Hammond Ave, Nice, CA 95464 APN: 031-071-46 Zoning: R1 (Single Family Residential) Case #: CMP21-00012 II. ABATEMENT SUMMARY Issue: Code Enforcement conducted a Summary Abatement at the property 6814 Hammond Ave., Nice, CA 95464. Rule: Lake County Code Sec. 13-9.1: The Enforcement Official determined that an immediate threat or danger exists to the health, safety, or welfare of the occupants of a particular property or to members of the public, may order a summary abatement of a public nuisance. Upon making a finding, concurrence by one (1) member of the Board of Supervisors and County Counsel, shall be sought. Analysis: On May 6th, 2021, I conducted a site investigation. During the investigation, it was determined that a substantial amount of garbage and rubbish was open and exposed to the elements, and human waste existed on the property. It was determined that these conditions created an immediate threat and danger to the health, safety, or welfare of the occupants of a particular property or to members of the public. I obtained the concurrence by Supervisor Eddie Crandell and County Counsel. Conclusion: On May 10th, 2021, the 48-hour Summary Abatement was executed with the assistance of a contracted company. Only those conditions which posed an imminent danger to human life, or which were unsafe, or which were detrimental to the public health or safety were abated. Cost of abatement: $3,800 Administrative cost: 24 hrs x $82.96 = $1,991.04 Total: $5,791.04 If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☐ Not applicable ☒ Well-being of Residents ☒ Public Safety ☐ Disaster Prevention, Preparedness, Recovery ☐ Economic Development ☐ Infrastructure ☐ County Workforce ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake Recommended Action: Staff recommends the Board of Supervisors approves the total costs of, $5,791.04, be recorded as a lien against the property located at 6814 Hammond Ave., Nice, CA 95464; APN #031-071-46.
On motion of Supervisor Simon, and by vote of the Board, approved the total costs of, $5,791.04, be recorded as a lien against the property located at 6814 Hammond Ave., Nice, CA 95464; APN #031-071-46. The motion carried by the following vote: Ayes- Supervisors: 4 - Simon, Scott, Pyska, and Sabatier Absent- Supervisor: 1 - Crandell
Clerk’s notes: Code Enforcement Officer Michael Herringshaw presented a PowerPoint Presentation to the Board. Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.511:30A.M. - PUBLIC HEARING - Discussion and Consideration of Appeal (AB 21-04) of the Planning Commission Approval of Major Use Permit (UP 21-10) and Adoption of Initial Study (IS/MND 21-10) for a Commercial Cannabis Cultivation License (Sourz HVR, Clearlake Oaks); APN’s 006-004-07 (Project Location) and Contiguous Parcels 006-002-04, 006-004-06, 006-002-09, 006-04-24, 00-004-25 and 006-009-36. Public Hearing Motion carried
Carried 4-0 — moved by SImon
Crandell: absent Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Mary Darby, Community Development Director Katherine Schaefers, Assistant Planner · Subject: Discussion and Consideration of Appeal (AB 21-04) of the Planning Commission Approval of Major Use Permit (UP 21-10) and Adoption of Initial Study (IS/MND 21-10) for a Commercial Cannabis Cultivation License (Sourz HVR, Clearlake Oaks); APN's 006-004-07 (Project Location) and Contiguous Parcels 006-002-04, 006-004-06, 006-002-09, 006-004-24, 006-004-25 and 006-009-36

Exhibits: A1 - Appeal A2 - Staff Report (July 8, 2021), PC Minutes, Agency and Public Commentary A3 - Staff Report (July 22, 2021), PC Minutes, Agency and Public Commentary A4 - Vicinity Map A5 - Site Plans A6 - Property Management Plan A7 - Biological Assessment A8 - Conditions of Approval A9 - Initial Study A10 - Cultural Resources Memorandum A11 - Traffic Memorandum A12 - Original Water Analysis and Hydrology Memorandum A13 - Brassfield Pipeline Encroachment Permit A14 - Brassfield Pipeline Water Usage Site Map A15 - Brassfield Pipeline Additional Materials A16 - Lake County Water Inventory and Analysis 2006 A17 - Groundwater Definitions A18 - Violations and Remediation A19 - CDFW LSA A20 - EA Conditions of Approval

Executive Summary

I. BACKGROUND The appellant is appealing the Planning Commission's July 22, 2021 unanimous approval of a Major Use Permit (UP 21-10) to permit a commercial cannabis cultivation use permit and mitigated negative declaration of the following uses located at 11650 High Valley Rd., Clearlake Oaks, CA 95423, APN 006-004-07: * (80) A-Type 3 "outdoor" licenses totaling 3,484,800 sq. ft. (80 acres) of outdoor commercial cannabis cultivation * (1) A-Type 4 "nursery" license for 217,800 sq. ft. (5 acres) * (1) Type 11 "distribution" license to transport cannabis goods * The construction of 11 buildings for drying and storage totaling 111,000 ft2, including one refrigeration building * The use of an existing 13,000 sf conference center for packing, distribution (shipping and receiving), and other ancillary uses such as office space. The appellants are also appealing a Zoning Administrator decision to approve an Early Activation Permit granted on June 7, 2021 for (80) A-Type 3 "outdoor" licenses totaling 3,484,800 sq. ft. (80 acres) of outdoor commercial cannabis cultivation. However, as provided by the Zoning Ordinance Section 21-58.10, an appeal of an EA permit would be filed with the Planning Commission, and the appeal period in which to do so is 7 days from the decision granting the permit. As the date of issuance was June 7, 2021, the appeal period for the EA permit has passed. The EA permit is not the subject of this appeal. The approximately 649 acre project site is located on High Valley Road in Clearlake Oaks. The appellants, neighboring property owners Don and Margie Van Pelt, filed this appeal citing various deficiencies in the Planning Commission's decision. A Major Use Permit is required for this project pursuant to compliance with the General Plan, the Shoreline Community Area Plan, and Articles 7, 27(at), and 51.4 of the Lake County Zoning Ordinance. Project Description: Applicant: SourzHVR Inc / Elli Hagoel / Avi Pollack Owner: Aviona, LLC Location: 11650 High Valley Rd, Clearlake Oaks, CA 95423 APN: 006-004-07 [Project location] 4919 New Long Valley Rd, Clearlake Oaks, CA 95423 APN: 006-002-09 [Clustered parcel] 4963 New Long Valley Rd, Clearlake Oaks, CA 95423 APN: 006-002-04 [Clustered parcel] 10788 High Valley Rd, Clearlake Oaks, CA 95423 APN: 006-004-25 [Clustered parcel] 10750 High Valley Rd, Clearlake Oaks, CA 95423 APN: 006-004-24 [Clustered parcel] 10945 High Valley Rd, Clearlake Oaks, CA 95423 APN: 006-004-06 [Clustered parcel] 4491 New Long Valley Rd, Clearlake Oaks, CA 95423 APN: 006-009-36 [Clustered parcel] Parcel Size: 1639.96 total combined acreage General Plan: Agricultural and Rural Lands Zoning: Split RL "Rural Lands" WW "Waterway Combining" SC "Scenic Combining" B5 "Special Lot Density Combining District" Flood Zone: "D" Areas of undetermined, but possible, flooding Cultivation Area: Phase I (Early Activation): 3,595,000 sq. ft Phase II (Use Permit): 6,098,400 sq. ft. in total. Canopy Area: Estimated at 3,485,000 sq. ft (Phase I/II) Surrounding Zoning and Land Use: North: "A" Agricultural and "RL" Rural Lands South: "RL" Rural Lands East: "A" Agricultural and "RL" Rural Lands West: Vineyard, "A" Agriculture, and "RL" Rural Lands. II. APPEAL DISCUSION SEC. 21-58.30 BOARD OF SUPERVISORS APPEALS. Decisions of the Planning Commission may be appealed. Response: The appellants submitted written concerns regarding this application prior to the July 8th public hearing, which are 'of record' via letters dated May 19, 2021, and July 1, 2021. The appellants also submitted written concerns prior to the July 22nd public hearing, which are 'of record' via letters dated July 8, 2021, and July 21, 2021, and testified during both hearings. (b) Timeliness, form, filing and fee: An appeal of a decision by the Planning Commission shall be filed with the Clerk of the Board of Supervisors within seven (7) calendar days of the decision on the prescribed form and accompanied by the applicable fee in the amount to be set by the Board of Supervisors. (Ord. No. 1749, 7/7/1988) Response: This appeal was filed on July 28, 2021 within the appeal period on the correct application form and with the correct application fee. (c) Required documents: An appeal shall be accompanied by a written statement setting forth the grounds upon which the appellant asserts there was an error or abuse of discretion by the Planning Commission. (Ord. No. 1897, 12/7/1989) Response: The appellants submitted a written description of why they believe the Planning Commission erred in its decision to approve this land use permit and CEQA review (IS/MND). The appellants cited several specific aspects of the PC's decision as being deficient. Their arguments in their entirety may be found as EXHIBIT 1 - APPEAL. 58.32 Effect of filing the appeal: An appeal shall stay the proceedings and effective date of the decision of the Planning Commission until such time as the appeal has been acted on as hereinafter set forth. Response: The Planning Commission approved file no. UP 21-10 on July 22, 2021. The appeal was filed on the 6th day of the appeal period for this action (July 28, 2021). The applicant had been approved for Early Activation on June 7, 2021 by the Zoning Administrator, which remains valid. 58.33 Forwarding of record: Prior to the hearing on said appeal, the Planning Department shall transmit to the Board of Supervisors pertinent permit materials including all maps and data and a staff report setting forth the reasons for the decision by the Planning Commission. Response: All applicable documents, maps, Planning Commission staff report, hearing minutes and public testimony received by staff have been included with this Memorandum as EXHIBITS A1 through A20. 58.34 Public hearing and notice: Following the filing of an appeal, the Board of Supervisors shall hold a public hearing on the matter scheduled and noticed as required in Section 57.3. The public hearing shall be de novo and all interested persons may appear and present evidence. Response: A Public Hearing notice will be sent upon submission of this Memo and Exhibits to the Board of Supervisors for Review.. Notice will be sent to all known property owners within 750 feet, and persons filing written and emailed comments prior to the Board of Supervisors hearing. III. PROJECT ANALYSIS 1. Article 51.4, Major Use Permits, Findings Required for Approval The Board of Supervisors may approve or deny this appeal. Upholding the appeal would cause the Use Permit and IS/MND to be denied. Denying the appeal would result in the approval or conditional approval of the Major Use Permit and Mitigated Negative Declaration. The Planning Commission's decision was based on its making the following required 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. Response: Commercial Cannabis Cultivation Operation is a permitted use in the "RL" Rural Lands Zoning District as well as the "A" Agricultural district upon issuance of a Major Use Permit pursuant to Article 27 of the Lake County Zoning Ordinance. Prior to the applicant constructing any type of structure(s), the applicant shall obtain the necessary permits from the appropriate Federal, State and/or Local government agencies. The environmental analysis (EXHIBIT 9 - INITIAL STUDY) determined that the use would not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood as all potential impacts have been reduced to less than significant with the incorporated mitigation measures and Conditions of Approval. Potential impacts identified relate to air quality, biological resources, cultural/tribal/ geologic resources, noise and wildfire. Additionally, the Community Development Department would conduct Annual Compliance Monitoring Inspections during the cultivation season to ensure compliance with the approved Property Management Plan and Conditions of Approval, as discussed in detail in the planning commission report dated July 22nd 2021. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. Response: The canopy area is 3,484,800 ft2; this area represents 4.9% of the 1639.96-acre site. The project complies with the 20 acres of land to 1 acre of canopy stipulation. Additionally, the project conforms with the Clustering requirements of Article 27, section (at), sub-section (j). A deed restriction on each parcel will be required if the permit SourzHVR Inc- UP 21-10 is approved. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. Response: The project takes access via High Valley Ranch Road to a private drive. The access driveway and interior private drives would be improved to meet all applicable safety standard including Cal Fire and Caltrans as shown on the project site plans. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. Response: This application was routed to all of the affected public and private service providers including Public Works, Special Districts, Environmental Health, and PG&E, and to all area Tribes. Relevant comments may be found in EXHIBIT 2 - 7.8.21 STAFF REPORT, PC MINUTES, AGENCY AND PUBLIC COMMENTARY. No comments were received that would affect a substantial adverse impact determination. There are adequate public services to accommodate the project. During the request for review period of the Initial Study, as part of the CEQA State Clearinghouse public participation process, a letter was received by a neighboring parcel raising concern in regards to odor, security, and water usage. The letter has been provided in EXHIBIT 2 - 7.8.21 STAFF REPORT, PC MINUTES, AGENCY AND PUBLIC COMMENTARY. A water availability plan and the identification/location of Well #4 as the supplier of this project in the Site Plans and Property Management Plan has been provided by the applicant. The security and odor concerns have been addressed with mitigation measures and conditions of approval. During the request for review period of the Initial Study, comment was also received from the Department of Toxic Substances, and the California Highway Patrol (EXHIBIT 2 - 7.8.21 STAFF REPORT, PC MINUTES, AGENCY AND PUBLIC COMMENTARY). The concerns of the Department of Toxic Substances have been addressed and mitigated in the Initial Study under section III. Air Quality. The concern regarding an increase in traffic collisions has been discussed in the Initial Study under section XVII. Transportation, and found to be less than significant (EXHIBIT 9 - INITIAL STUDY). An expanded Traffic Study was requested of the applicant after the July 8th Planning Commission and was provided for the Commissioners' review prior to the July 22nd hearing (EXHIBIT 11- TRAFFIC MEMORANDUM). 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. Response: Since commercial cannabis cultivation is named as a permitted use in the Rural Lands zoning district within the Commercial Cannabis ordinance, this proposal is consistent with the governing ordinance for cannabis cultivation in Lake County. The proposal, as conditioned, meets all requirements and development standards of the Zoning Ordinance. The General Plan and the Shoreline Community Area Plan do not have any provisions for commercial cannabis, but both plans do have provisions for economic development and related policies that the project is consistent with (Please refer to the Staff Report from 7.8.21, section VI Project Analysis). 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. Response: Violations of the County of Lake and the CDFW regulations were remediated as of July 20th, 2021. Please refer to EXHIBIT 18 - VIOLATIONS AND REMEDIATION and EXHIBIT 18 CDFW LSA for full details on violation remediation. The Community Development Department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code for this property. Article 27, sub. (at); Three Required Findings for Commercial Cannabis Approval In addition to the findings required for a Use Permit, the following findings are required for approval of a cannabis-specific Use Permit: 1. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. Response: The Planning Commission found that the project was in compliance with all applicable standards and criteria, or could be brought to full compliance with conditions of approval (Please refer to the Staff Report from 7.8.21, section IX Approval Criteria). 2. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii.(g). Response: The applicant has passed 'live scan', and is the owner of the property. The applicant is qualified to make this application. 3. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i). Response: The application was determined to be complete and in compliance with the requirements set out in Article 27, Section 1.ii.(i) are met. IV. CONCLUSION/RECOMMENDATION Staff recommends that the Board of Supervisors: Deny the Appeal (AB 21-04); uphold the Planning Commission's decision to approve the Use Permit (UP 21-10) and adopt Initial Study / Mitigated Negative Declaration (IS 21-10).

Recommended Action

Sample Motions: Appeal Denial I move that the Board of Supervisors make an intended decision to deny the Appeal AB 21-04. Initial Study (IS 21-10) I move that the Board of Supervisors find that the Major Use Permit (UP 21-10) applied for by SourzHVR Inc on a property located at 11650 High Valley Rd. Clearlake Oaks, CA, further described as APN: 006-004-06; 006-004-07; 006-004-25; 006-002-04; 006-009-36; 006-004-24; 006-002-09 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be adopted with the findings for approval listed in the Planning Commission staff report dated July 22, 2021. Use Permit Approval I move that the Board of Supervisors find that the Major Use Permit (UP 21-10) applied for by SourzHVR Inc on a property located at 11650 High Valley Rd. Clearlake Oaks, CA, further described as APN: 006-004-06; 006-004-07; 006-004-25; 006-002-04; 006-009-36; 006-004-24; 006-002-09 does meet the requirements of Sections 27(at) and 51.4 of the Lake County Zoning Ordinance and that the Board of Supervisors has reviewed and considered the Mitigated Negative Declaration which was adopted for this project and the Use Permit be granted subject to the conditions and with the findings listed in the Planning Commission staff report dated July 22, 2021.

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

Strategic priorities: Economic Development

Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Mary Darby, Community Development Director Katherine Schaefers, Assistant Planner Subject: Discussion and Consideration of Appeal (AB 21-04) of the Planning Commission Approval of Major Use Permit (UP 21-10) and Adoption of Initial Study (IS/MND 21-10) for a Commercial Cannabis Cultivation License (Sourz HVR, Clearlake Oaks); APN's 006-004-07 (Project Location) and Contiguous Parcels 006-002-04, 006-004-06, 006-002-09, 006-004-24, 006-004-25 and 006-009-36 Exhibits: A1 - Appeal A2 - Staff Report (July 8, 2021), PC Minutes, Agency and Public Commentary A3 - Staff Report (July 22, 2021), PC Minutes, Agency and Public Commentary A4 - Vicinity Map A5 - Site Plans A6 - Property Management Plan A7 - Biological Assessment A8 - Conditions of Approval A9 - Initial Study A10 - Cultural Resources Memorandum A11 - Traffic Memorandum A12 - Original Water Analysis and Hydrology Memorandum A13 - Brassfield Pipeline Encroachment Permit A14 - Brassfield Pipeline Water Usage Site Map A15 - Brassfield Pipeline Additional Materials A16 - Lake County Water Inventory and Analysis 2006 A17 - Groundwater Definitions A18 - Violations and Remediation A19 - CDFW LSA A20 - EA Conditions of Approval Executive Summary: I. BACKGROUND The appellant is appealing the Planning Commission's July 22, 2021 unanimous approval of a Major Use Permit (UP 21-10) to permit a commercial cannabis cultivation use permit and mitigated negative declaration of the following uses located at 11650 High Valley Rd., Clearlake Oaks, CA 95423, APN 006-004-07: * (80) A-Type 3 "outdoor" licenses totaling 3,484,800 sq. ft. (80 acres) of outdoor commercial cannabis cultivation * (1) A-Type 4 "nursery" license for 217,800 sq. ft. (5 acres) * (1) Type 11 "distribution" license to transport cannabis goods * The construction of 11 buildings for drying and storage totaling 111,000 ft2, including one refrigeration building * The use of an existing 13,000 sf conference center for packing, distribution (shipping and receiving), and other ancillary uses such as office space. The appellants are also appealing a Zoning Administrator decision to approve an Early Activation Permit granted on June 7, 2021 for (80) A-Type 3 "outdoor" licenses totaling 3,484,800 sq. ft. (80 acres) of outdoor commercial cannabis cultivation. However, as provided by the Zoning Ordinance Section 21-58.10, an appeal of an EA permit would be filed with the Planning Commission, and the appeal period in which to do so is 7 days from the decision granting the permit. As the date of issuance was June 7, 2021, the appeal period for the EA permit has passed. The EA permit is not the subject of this appeal. The approximately 649 acre project site is located on High Valley Road in Clearlake Oaks. The appellants, neighboring property owners Don and Margie Van Pelt, filed this appeal citing various deficiencies in the Planning Commission's decision. A Major Use Permit is required for this project pursuant to compliance with the General Plan, the Shoreline Community Area Plan, and Articles 7, 27(at), and 51.4 of the Lake County Zoning Ordinance. Project Description: Applicant: SourzHVR Inc / Elli Hagoel / Avi Pollack Owner: Aviona, LLC Location: 11650 High Valley Rd, Clearlake Oaks, CA 95423 APN: 006-004-07 [Project location] 4919 New Long Valley Rd, Clearlake Oaks, CA 95423 APN: 006-002-09 [Clustered parcel] 4963 New Long Valley Rd, Clearlake Oaks, CA 95423 APN: 006-002-04 [Clustered parcel] 10788 High Valley Rd, Clearlake Oaks, CA 95423 APN: 006-004-25 [Clustered parcel] 10750 High Valley Rd, Clearlake Oaks, CA 95423 APN: 006-004-24 [Clustered parcel] 10945 High Valley Rd, Clearlake Oaks, CA 95423 APN: 006-004-06 [Clustered parcel] 4491 New Long Valley Rd, Clearlake Oaks, CA 95423 APN: 006-009-36 [Clustered parcel] Parcel Size: 1639.96 total combined acreage General Plan: Agricultural and Rural Lands Zoning: Split RL "Rural Lands" WW "Waterway Combining" SC "Scenic Combining" B5 "Special Lot Density Combining District" Flood Zone: "D" Areas of undetermined, but possible, flooding Cultivation Area: Phase I (Early Activation): 3,595,000 sq. ft Phase II (Use Permit): 6,098,400 sq. ft. in total. Canopy Area: Estimated at 3,485,000 sq. ft (Phase I/II) Surrounding Zoning and Land Use: North: "A" Agricultural and "RL" Rural Lands South: "RL" Rural Lands East: "A" Agricultural and "RL" Rural Lands West: Vineyard, "A" Agriculture, and "RL" Rural Lands. II. APPEAL DISCUSION SEC. 21-58.30 BOARD OF SUPERVISORS APPEALS. Decisions of the Planning Commission may be appealed. Response: The appellants submitted written concerns regarding this application prior to the July 8th public hearing, which are 'of record' via letters dated May 19, 2021, and July 1, 2021. The appellants also submitted written concerns prior to the July 22nd public hearing, which are 'of record' via letters dated July 8, 2021, and July 21, 2021, and testified during both hearings. (b) Timeliness, form, filing and fee: An appeal of a decision by the Planning Commission shall be filed with the Clerk of the Board of Supervisors within seven (7) calendar days of the decision on the prescribed form and accompanied by the applicable fee in the amount to be set by the Board of Supervisors. (Ord. No. 1749, 7/7/1988) Response: This appeal was filed on July 28, 2021 within the appeal period on the correct application form and with the correct application fee. (c) Required documents: An appeal shall be accompanied by a written statement setting forth the grounds upon which the appellant asserts there was an error or abuse of discretion by the Planning Commission. (Ord. No. 1897, 12/7/1989) Response: The appellants submitted a written description of why they believe the Planning Commission erred in its decision to approve this land use permit and CEQA review (IS/MND). The appellants cited several specific aspects of the PC's decision as being deficient. Their arguments in their entirety may be found as EXHIBIT 1 - APPEAL. 58.32 Effect of filing the appeal: An appeal shall stay the proceedings and effective date of the decision of the Planning Commission until such time as the appeal has been acted on as hereinafter set forth. Response: The Planning Commission approved file no. UP 21-10 on July 22, 2021. The appeal was filed on the 6th day of the appeal period for this action (July 28, 2021). The applicant had been approved for Early Activation on June 7, 2021 by the Zoning Administrator, which remains valid. 58.33 Forwarding of record: Prior to the hearing on said appeal, the Planning Department shall transmit to the Board of Supervisors pertinent permit materials including all maps and data and a staff report setting forth the reasons for the decision by the Planning Commission. Response: All applicable documents, maps, Planning Commission staff report, hearing minutes and public testimony received by staff have been included with this Memorandum as EXHIBITS A1 through A20. 58.34 Public hearing and notice: Following the filing of an appeal, the Board of Supervisors shall hold a public hearing on the matter scheduled and noticed as required in Section 57.3. The public hearing shall be de novo and all interested persons may appear and present evidence. Response: A Public Hearing notice will be sent upon submission of this Memo and Exhibits to the Board of Supervisors for Review.. Notice will be sent to all known property owners within 750 feet, and persons filing written and emailed comments prior to the Board of Supervisors hearing. III. PROJECT ANALYSIS 1. Article 51.4, Major Use Permits, Findings Required for Approval The Board of Supervisors may approve or deny this appeal. Upholding the appeal would cause the Use Permit and IS/MND to be denied. Denying the appeal would result in the approval or conditional approval of the Major Use Permit and Mitigated Negative Declaration. The Planning Commission's decision was based on its making the following required 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. Response: Commercial Cannabis Cultivation Operation is a permitted use in the "RL" Rural Lands Zoning District as well as the "A" Agricultural district upon issuance of a Major Use Permit pursuant to Article 27 of the Lake County Zoning Ordinance. Prior to the applicant constructing any type of structure(s), the applicant shall obtain the necessary permits from the appropriate Federal, State and/or Local government agencies. The environmental analysis (EXHIBIT 9 - INITIAL STUDY) determined that the use would not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood as all potential impacts have been reduced to less than significant with the incorporated mitigation measures and Conditions of Approval. Potential impacts identified relate to air quality, biological resources, cultural/tribal/ geologic resources, noise and wildfire. Additionally, the Community Development Department would conduct Annual Compliance Monitoring Inspections during the cultivation season to ensure compliance with the approved Property Management Plan and Conditions of Approval, as discussed in detail in the planning commission report dated July 22nd 2021. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. Response: The canopy area is 3,484,800 ft2; this area represents 4.9% of the 1639.96-acre site. The project complies with the 20 acres of land to 1 acre of canopy stipulation. Additionally, the project conforms with the Clustering requirements of Article 27, section (at), sub-section (j). A deed restriction on each parcel will be required if the permit SourzHVR Inc- UP 21-10 is approved. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. Response: The project takes access via High Valley Ranch Road to a private drive. The access driveway and interior private drives would be improved to meet all applicable safety standard including Cal Fire and Caltrans as shown on the project site plans. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. Response: This application was routed to all of the affected public and private service providers including Public Works, Special Districts, Environmental Health, and PG&E, and to all area Tribes. Relevant comments may be found in EXHIBIT 2 - 7.8.21 STAFF REPORT, PC MINUTES, AGENCY AND PUBLIC COMMENTARY. No comments were received that would affect a substantial adverse impact determination. There are adequate public services to accommodate the project. During the request for review period of the Initial Study, as part of the CEQA State Clearinghouse public participation process, a letter was received by a neighboring parcel raising concern in regards to odor, security, and water usage. The letter has been provided in EXHIBIT 2 - 7.8.21 STAFF REPORT, PC MINUTES, AGENCY AND PUBLIC COMMENTARY. A water availability plan and the identification/location of Well #4 as the supplier of this project in the Site Plans and Property Management Plan has been provided by the applicant. The security and odor concerns have been addressed with mitigation measures and conditions of approval. During the request for review period of the Initial Study, comment was also received from the Department of Toxic Substances, and the California Highway Patrol (EXHIBIT 2 - 7.8.21 STAFF REPORT, PC MINUTES, AGENCY AND PUBLIC COMMENTARY). The concerns of the Department of Toxic Substances have been addressed and mitigated in the Initial Study under section III. Air Quality. The concern regarding an increase in traffic collisions has been discussed in the Initial Study under section XVII. Transportation, and found to be less than significant (EXHIBIT 9 - INITIAL STUDY). An expanded Traffic Study was requested of the applicant after the July 8th Planning Commission and was provided for the Commissioners' review prior to the July 22nd hearing (EXHIBIT 11- TRAFFIC MEMORANDUM). 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. Response: Since commercial cannabis cultivation is named as a permitted use in the Rural Lands zoning district within the Commercial Cannabis ordinance, this proposal is consistent with the governing ordinance for cannabis cultivation in Lake County. The proposal, as conditioned, meets all requirements and development standards of the Zoning Ordinance. The General Plan and the Shoreline Community Area Plan do not have any provisions for commercial cannabis, but both plans do have provisions for economic development and related policies that the project is consistent with (Please refer to the Staff Report from 7.8.21, section VI Project Analysis). 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. Response: Violations of the County of Lake and the CDFW regulations were remediated as of July 20th, 2021. Please refer to EXHIBIT 18 - VIOLATIONS AND REMEDIATION and EXHIBIT 18 CDFW LSA for full details on violation remediation. The Community Development Department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code for this property. Article 27, sub. (at); Three Required Findings for Commercial Cannabis Approval In addition to the findings required for a Use Permit, the following findings are required for approval of a cannabis-specific Use Permit: 1. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. Response: The Planning Commission found that the project was in compliance with all applicable standards and criteria, or could be brought to full compliance with conditions of approval (Please refer to the Staff Report from 7.8.21, section IX Approval Criteria). 2. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii.(g). Response: The applicant has passed 'live scan', and is the owner of the property. The applicant is qualified to make this application. 3. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i). Response: The application was determined to be complete and in compliance with the requirements set out in Article 27, Section 1.ii.(i) are met. IV. CONCLUSION/RECOMMENDATION Staff recommends that the Board of Supervisors: Deny the Appeal (AB 21-04); uphold the Planning Commission's decision to approve the Use Permit (UP 21-10) and adopt Initial Study / Mitigated Negative Declaration (IS 21-10). If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery ☒ Economic Development ☐ Infrastructure ☐ County Workforce ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake Recommended Action: Sample Motions: Appeal Denial I move that the Board of Supervisors make an intended decision to deny the Appeal AB 21-04. Initial Study (IS 21-10) I move that the Board of Supervisors find that the Major Use Permit (UP 21-10) applied for by SourzHVR Inc on a property located at 11650 High Valley Rd. Clearlake Oaks, CA, further described as APN: 006-004-06; 006-004-07; 006-004-25; 006-002-04; 006-009-36; 006-004-24; 006-002-09 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be adopted with the findings for approval listed in the Planning Commission staff report dated July 22, 2021. Use Permit Approval I move that the Board of Supervisors find that the Major Use Permit (UP 21-10) applied for by SourzHVR Inc on a property located at 11650 High Valley Rd. Clearlake Oaks, CA, further described as APN: 006-004-06; 006-004-07; 006-004-25; 006-002-04; 006-009-36; 006-004-24; 006-002-09 does meet the requirements of Sections 27(at) and 51.4 of the Lake County Zoning Ordinance and that the Board of Supervisors has reviewed and considered the Mitigated Negative Declaration which was adopted for this project and the Use Permit be granted subject to the conditions and with the findings listed in the Planning Commission staff report dated July 22, 2021.
On motion of Supervisor SImon, and by vote of the Board, continued the item to the November 16, 2021 Board of Supervisors Meeting at 10:15 a.m. The motion carried by the following vote: Ayes- Supervisors: 4 - Simon, Scott, Pyska, and Sabatier Absent- Supervisor: 1 - Crandell
Clerk’s notes: Assistant Planner Katherine Schaefers presented the item to the Board. County Administrative Officer Carol Huchingson, County Counsel Anita Grant, Bradley Johnson and George MacDonald spoke. Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.

7. Non-Timed Items

7.1Supervisors’ weekly calendar, travel and reports
7.2Consideration of Appointment of County Supervisor as Alternate to the Lake County Audit Committee Appointment Adopted — Pass
Carried 4-0 — moved by Scott
Crandell: absent Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo

Date: October 19, 2021 · To: The Honorable Lake County Board of Supervisors · From: Carol J. Huchingson, Clerk of the Board · Subject: Consideration of Appointment of County Supervisor as Alternate to the Lake County Audit Committee

Executive Summary

This committee has advisory powers only and its purpose is to assist in administration of the County's annual audit. Currently, the Lake County Audit Committee is comprised of six (6) members, with one member appointed from the Board of Supervisors. It has been suggested that an additional member from the Board of Supervisors be appointed as an alternate.

Recommended Action

Appoint a member from the Board of Supervisors as an alternate to the Lake County Audit Committee.

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

Strategic priorities: Business Process Efficiency

Original memo text
Memorandum Date: October 19, 2021 To: The Honorable Lake County Board of Supervisors From: Carol J. Huchingson, Clerk of the Board Subject: Consideration of Appointment of County Supervisor as Alternate to the Lake County Audit Committee Executive Summary: This committee has advisory powers only and its purpose is to assist in administration of the County's annual audit. Currently, the Lake County Audit Committee is comprised of six (6) members, with one member appointed from the Board of Supervisors. It has been suggested that an additional member from the Board of Supervisors be appointed as an alternate. If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery ☐ Economic Development ☐ Infrastructure ☐ County Workforce ☐ Community Collaboration ☒ Business Process Efficiency ☐ Clear Lake Recommended Action: Appoint a member from the Board of Supervisors as an alternate to the Lake County Audit Committee.
On motion of Supervisor Scott, and by vote of the Board, Appointed Chair Sabatier as alternate to the Audit Committee. The motion carried by the following vote: Ayes- Supervisors: 4 - Simon, Scott, Pyska, and Sabatier Absent- Supervisor: 1 - Crandell
Clerk’s notes: Chair Sabatier introduce the item to the Board. Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.

8. Closed Session

8.1Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code sec. 54956.9(d)(1) – City of Clearlake v. County of Lake, et al. Closed Session Item
8.2Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code sec. 54956.9(d)(1) – Flesch v. County of Lake Closed Session Item
8.3Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code section 54956.9(d)(1): Center for Biological Diversity et al. v. County of Lake, et al. Closed Session Item
8.4Public Employee Evaluation: Title: Director: County Administrative Officer Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 12:57 p.m. having taken no action.

9. Adjournment