Board Of Supervisors — Tuesday, April 12, 2022
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Pet of the Week
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To submit a written comment on any agenda item please visit: https://countyoflake.legistar.com/Calendar.aspx and click on the eComment feature linked to the meeting date. If a comment is submitted after the meeting begins, it may not be read during the meeting but will become a part of the record.
Thank you for your interest in this meeting.
Pet of the Week
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
5.1Adopt Ordinance Amending Ordinance 3062, revising Section 2-192.1, Article XXVI, Chapter 2 of the Lake County Code, Providing Authority to Execute Leases and Licenses
Ordinance
passed on consent
5.2Adopt Resolution Approving Agreement No. 22-73-06-0256-RA with the USDA Animal and Plant Health Inspection Services for period July 1, 2022 through June 30, 2023 for the amount of $118,048
Agreement
passed on consent
Staff memo
Executive Summary
I would like to ask the Board to adopt the attached Resolution which approves the Financial Plan between Lake County and USDA APHIS Wildlife Services for July 1, 2022 through June 30, 2023.
Wildlife Services maintains an integrated wildlife damage management program in Lake County to protect residents, property, livestock, crops and natural resources from damage caused by predators and other nuisance wildlife while providing Federal leadership in managing these issues. Federal Trappers work cooperatively with State Fish and Wildlife when managing wildlife problems and strive to reduce damage caused by wildlife to the lowest possible levels while at the same time reducing wildlife mortality.
Recommended Action
Adopt Resolution Approving Agreement No. 22-73-06-0256-RA with the USDA Animal and Plant Health Inspection Services for period July 1, 2022 through June 30, 2023 for the amount of $118,048
| Amount Budgeted | $118,048 |
|---|
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Katherine VanDerWall, Agricultural Commissioner/Sealer of Weights and Measures
Subject: Adopt Resolution Approving Agreement No. 22-73-06-0256-RA with the USDA Animal and Plant Health Inspection Services for period July 1, 2022 through June 30, 2023 for the amount of $118,048
Executive Summary:
I would like to ask the Board to adopt the attached Resolution which approves the Financial Plan between Lake County and USDA APHIS Wildlife Services for July 1, 2022 through June 30, 2023.
Wildlife Services maintains an integrated wildlife damage management program in Lake County to protect residents, property, livestock, crops and natural resources from damage caused by predators and other nuisance wildlife while providing Federal leadership in managing these issues. Federal Trappers work cooperatively with State Fish and Wildlife when managing wildlife problems and strive to reduce damage caused by wildlife to the lowest possible levels while at the same time reducing wildlife mortality.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: _$118,048_______ 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:
Adopt Resolution Approving Agreement No. 22-73-06-0256-RA with the USDA Animal and Plant Health Inspection Services for period July 1, 2022 through June 30, 2023 for the amount of $118,048
5.3Adopt Resolution Amending Agreement No. 20-0153 with the State of California, Department of Food and Agriculture and Authorize the Execution of Post-Consumer Certification Contract and Contractor Certification Clause and Signatures for Insect Trapping in the Amount of $145,115.00 For Activities in FY 20-22
Agreement
passed on consent
Staff memo
Executive Summary
I would like to ask the Board to adopt the attached Resolution approving an amended agreement with the California Department of Food and Agriculture (CDFA) for the trapping and detection of certain exotic insects in Lake County from July 1, 2020 through the June 30, 2022 in the amount of 145,115.00.
Your Board originally approved this agreement December 1, 2020. This amended agreement includes additional costs for an electronic record keeping system associated with this agreement.
Should the Board adopt this Resolution, please have the chair sign and return one (1) copies of the Agreement, one (1) copy of the Board Resolution, one (1) copy of postconsumer-Content Certification, and one(1) copy of Contractor Certification Clauses and return them to the Department of Agriculture for processing. A signed completed copy will be returned for your records.
Recommended Action
Adopt Resolution Amending Agreement No. 20-0153 with the State of California, Department of Food and Agriculture and Authorize the Execution of Post-Consumer Certification Contract and Contractor Certification Clause and Signatures for Insect Trapping in the Amount of $145,115.00 For Activities in FY 20- 22
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Katherine VanDerWall, Agricultural Commissioner/Sealer of Weights and Measures
Subject: Adopt Resolution Amending Agreement No. 20-0153 with the State of California, Department of Food and Agriculture and Authorize the Execution of Post-Consumer Certification Contract and Contractor Certification Clause and Signatures for Insect Trapping in the Amount of $145,115.00 For Activities in FY 20-22
Executive Summary:
I would like to ask the Board to adopt the attached Resolution approving an amended agreement with the California Department of Food and Agriculture (CDFA) for the trapping and detection of certain exotic insects in Lake County from July 1, 2020 through the June 30, 2022 in the amount of 145,115.00.
Your Board originally approved this agreement December 1, 2020. This amended agreement includes additional costs for an electronic record keeping system associated with this agreement.
Should the Board adopt this Resolution, please have the chair sign and return one (1) copies of the Agreement, one (1) copy of the Board Resolution, one (1) copy of postconsumer-Content Certification, and one(1) copy of Contractor Certification Clauses and return them to the Department of Agriculture for processing. A signed completed copy will be returned for your records.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ 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:
Adopt Resolution Amending Agreement No. 20-0153 with the State of California, Department of Food and Agriculture and Authorize the Execution of Post-Consumer Certification Contract and Contractor Certification Clause and Signatures for Insect Trapping in the Amount of $145,115.00 For Activities in FY 20- 22
5.4Sitting as LCAQMD Board of Directors: Authorize the APCO to sign and submit an application for Carl Moyer Program Year 24 funding and sign all other program documents.
Agreement
passed on consent
Staff memo
Executive Summary
The Carl Moyer Memorial Air Quality Standards Attainment Program (CMP) was established in 1998 as a grant program to fund the incremental cost of cleaner-than-required heavy-duty engines. The program now includes the reduction of particulate matter (PM) emissions and reduction of reactive organic gases (ROG), and originally targeted the reduction of oxides of nitrogen (NOx) emissions.
The CMP has historically been, and continues to be, a paper heavy and legalistic process to implement and administer. Ongoing obligations to monitor the funding contracts could become a significant resource demand. With changes in the program requirements several years ago, we are able to fund school bus projects and a few other project categories have been simplified and have potential for some projects to move forward that had previously been deemed not cost effective.
Districts, such as the LCAQMD, with a population less than 1% of the state total population are eligible for a Matching Fund Waiver and program funding of up to $200,000. The present program guidelines state in part that the District submit a minute order or resolution authorizing the APCO to implement the program. The guidelines remain largely unchanged from the prior years.
The ARB continues to require a contract for the individual grants and typically 5 to 10 years of follow up reporting. The LCAQMD has received Seventeen previous grant awards. We currently have partial Year 21, 22, and 23 funds available. Year 21, 22, and most of Year 23 funds are anticipated to be used for several school bus electric vehicle projects. If we fail to timely apply for the grant funds or do not timely expend funds (within 2 years of disbursement and an additional 2 years to liquidate), the funds allocated to Lake County must be returned to the State and will be reallocated to other areas of the state.
Recommended Action
That the Board of Directors authorize the APCO to sign and submit the application for Year 24 funding and all program documents.
Original memo text
Memorandum
Date: 4/1/2022
To: The Honorable Lake County AQMD Board of Directors
From: Douglas Gearhart, APCO
Subject: Carl Moyer Grant Program Year 24
Executive Summary:
The Carl Moyer Memorial Air Quality Standards Attainment Program (CMP) was established in 1998 as a grant program to fund the incremental cost of cleaner-than-required heavy-duty engines. The program now includes the reduction of particulate matter (PM) emissions and reduction of reactive organic gases (ROG), and originally targeted the reduction of oxides of nitrogen (NOx) emissions.
The CMP has historically been, and continues to be, a paper heavy and legalistic process to implement and administer. Ongoing obligations to monitor the funding contracts could become a significant resource demand. With changes in the program requirements several years ago, we are able to fund school bus projects and a few other project categories have been simplified and have potential for some projects to move forward that had previously been deemed not cost effective.
Districts, such as the LCAQMD, with a population less than 1% of the state total population are eligible for a Matching Fund Waiver and program funding of up to $200,000. The present program guidelines state in part that the District submit a minute order or resolution authorizing the APCO to implement the program. The guidelines remain largely unchanged from the prior years.
The ARB continues to require a contract for the individual grants and typically 5 to 10 years of follow up reporting. The LCAQMD has received Seventeen previous grant awards. We currently have partial Year 21, 22, and 23 funds available. Year 21, 22, and most of Year 23 funds are anticipated to be used for several school bus electric vehicle projects. If we fail to timely apply for the grant funds or do not timely expend funds (within 2 years of disbursement and an additional 2 years to liquidate), the funds allocated to Lake County must be returned to the State and will be reallocated to other areas of the state.
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: That the Board of Directors authorize the APCO to sign and submit the application for Year 24 funding and all program documents.
5.5Approve to Waive the 900 Hour Limit for Certain Client Service Assistant Positions within the Department of Behavioral Health Services.
Action Item
passed on consent
Staff memo
Executive Summary
The Department of Behavioral Health Services requests authorization to waive the 900 hour limit for one (1) extra help Client Support Assistant; Frances Novak. Ms. Novak performs critical transportation services to clients entering and exiting acute and residential mental health treatment services out-of-County. Their wages are paid out of Budget Unit 4014, Mental Health. We have sufficient salary savings to cover this increase in cost. Their hours will not exceed 999.
Recommended Action
Approve to Waive the 900 Hour Limit for Certain Client Service Assistant Positions within the Department of Behavioral Health Services.
| Estimated Cost | $1,200 |
|---|---|
| Amount Budgeted | $1,200 |
Original memo text
Memorandum
Date: April 12th, 2022
To: The Honorable Lake County Board of Supervisors
From: Todd Metcalf, Director Behavioral Health Services
Subject: Approve to Waive the 900 Hour Limit for Certain Client Service Assistant Positions within the Department of Behavioral Health Services.
Executive Summary:
The Department of Behavioral Health Services requests authorization to waive the 900 hour limit for one (1) extra help Client Support Assistant; Frances Novak. Ms. Novak performs critical transportation services to clients entering and exiting acute and residential mental health treatment services out-of-County. Their wages are paid out of Budget Unit 4014, Mental Health. We have sufficient salary savings to cover this increase in cost. Their hours will not exceed 999.
If not budgeted, fill in the blanks below only:
Estimated Cost: _$1,200_ Amount Budgeted: __$1,200__ Additional Requested: __N/A___ Future Annual Cost: __N/A_____
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 to Waive the 900 Hour Limit for Certain Client Service Assistant Positions within the Department of Behavioral Health Services.
5.6Approve Amendment No. 1 to the Agreement Between County of Lake - Lake County Behavioral Health Services as Lead Agency for the Lake County Continuum of Care and Elijah House Foundation for Fiscal Years 2020-21, 2021-22, and 2022-23 and Authorize the Board Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
This Amendment corrects the title of the original Agreement to reflect a multi-year Agreement, and also corrects the fiscal provisions as outlined in Exhibit C to reflect a multi-year Agreement and correct the total compensation payable (the original Agreement listed the total compensation for only one year, not the entirety of the contract). Lastly, this Amendment adds additional language around the Contractor's responsibilities and County responsibilities, as well as Exhibit F which is a floor plan of the shelter facility.
Recommended Action
Approve Amendment No. 1 to the Agreement Between County of Lake - Lake County Behavioral Health Services as Lead Agency for the Lake County Continuum of Care and Elijah House Foundation for Fiscal Years 2020-21, 2021-22, and 2022-23 and Authorize the Board Chair to Sign.
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Todd Metcalf, Director Behavioral Health Services
Subject: Approve Amendment No. 1 to the Agreement Between County of Lake - Lake County Behavioral Health Services as Lead Agency for the Lake County Continuum of Care and Elijah House Foundation for Fiscal Years 2020-21, 2021-22, and 2022-23 and Authorize the Board Chair to Sign.
Executive Summary:
This Amendment corrects the title of the original Agreement to reflect a multi-year Agreement, and also corrects the fiscal provisions as outlined in Exhibit C to reflect a multi-year Agreement and correct the total compensation payable (the original Agreement listed the total compensation for only one year, not the entirety of the contract). Lastly, this Amendment adds additional language around the Contractor's responsibilities and County responsibilities, as well as Exhibit F which is a floor plan of the shelter facility.
If not budgeted, fill in the blanks below only:
Estimated Cost: __N/A__ Amount Budgeted: __N/A__ Additional Requested: __ N/A___ Future Annual Cost: __ N/A___
Consistency with Vision 2028 (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 Amendment No. 1 to the Agreement Between County of Lake - Lake County Behavioral Health Services as Lead Agency for the Lake County Continuum of Care and Elijah House Foundation for Fiscal Years 2020-21, 2021-22, and 2022-23 and Authorize the Board Chair to Sign.
5.7Adopt Proclamation Designating the Month of April 2022 as Sexual Assault Awareness Month in Lake County.
Proclamation
passed on consent
Staff memo
Executive Summary
Here before your Board is a Proclamation to Adopt April as Sexual Assault Awareness Month in Lake County
BOARD OF SUPERVISORS, COUNTY OF LAKE,
STATE OF CALIFORNIA
Proclamation
DESIGNATING THE MONTH OF APRIL 2022, AS
SEXUAL ASSAULT AWARENESS MONTH IN LAKE COUNTY
WHEREAS, in 2021, Lake County agencies responded to the needs of at least 201 sexual assault victims and their significant others and/or family members; and
WHEREAS, no one person, organization, agency or community can eliminate sexual assault on their own and the partnership between public and private Lake County agencies is invaluable; and
WHEREAS, child sexual abuse prevention must be a priority to confront the reality that children are being abused. One in six boys and one in four girls will experience a sexual assault before the age of 18; and
WHEREAS, Lake Family Resource Center has been instrumental in leading the way in the County of Lake in addressing sexual assault by providing 24-hour hotline services, continuing support, advocacy and accompaniment to victims/survivors and their significant others; and
WHEREAS, ending sexual assault in Lake County must include active public and private efforts to Speak Out Against Sexual Violence; and it is time for all of us to start conversations, take appropriate action and support one another to create a safer environment for all residents; and
WHEREAS, staff and volunteers of the Lake Family Resource Center Rape Crisis Center work year-round to encourage every person to Speak Out Against Sexual Violence and to support survivors by providing prevention education and survivor empowerment information; and
WHEREAS, Lake Family Resource Center and the District Attorney's office, Victim-Witness Division, local law enforcement agencies, hospitals and schools have set an important example of how forging collaborative relationships improves the quality of service for those impacted by sexual violence.
NOW, THEREFORE, BE IT PROCLAIMED that the Board of Supervisors of the County of Lake does hereby designate the month of April, 2022, as Sexual Assault Awareness Month in Lake County; April 6th as the Sexual Assault Awareness Day of Action in Lake County; and urges all local governments, schools, businesses and community members to participate in the sponsored events this month to increase awareness and public support for creating communities free from violence and exploitation.
PASSED AND ADOPTED this 12th day of April, 2022.
Attest: CAROL J. HUCHINGSON COUNTY OF LAKE
Clerk of the Board of Supervisors
By: ________________________ _________________________
Chair, Board of Supervisors
Recommended Action
Adopt Proclamation Designating the Month of April 2022 as Sexual Assault Awareness Month in Lake County.
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Johanna DeLong, Clerk of the Board
Subject: Adopt Proclamation Designating the Month of April 2022 as Sexual Assault Awareness Month in Lake County.
Executive Summary:
Here before your Board is a Proclamation to Adopt April as Sexual Assault Awareness Month in Lake County
BOARD OF SUPERVISORS, COUNTY OF LAKE,
STATE OF CALIFORNIA
Proclamation
DESIGNATING THE MONTH OF APRIL 2022, AS
SEXUAL ASSAULT AWARENESS MONTH IN LAKE COUNTY
WHEREAS, in 2021, Lake County agencies responded to the needs of at least 201 sexual assault victims and their significant others and/or family members; and
WHEREAS, no one person, organization, agency or community can eliminate sexual assault on their own and the partnership between public and private Lake County agencies is invaluable; and
WHEREAS, child sexual abuse prevention must be a priority to confront the reality that children are being abused. One in six boys and one in four girls will experience a sexual assault before the age of 18; and
WHEREAS, Lake Family Resource Center has been instrumental in leading the way in the County of Lake in addressing sexual assault by providing 24-hour hotline services, continuing support, advocacy and accompaniment to victims/survivors and their significant others; and
WHEREAS, ending sexual assault in Lake County must include active public and private efforts to Speak Out Against Sexual Violence; and it is time for all of us to start conversations, take appropriate action and support one another to create a safer environment for all residents; and
WHEREAS, staff and volunteers of the Lake Family Resource Center Rape Crisis Center work year-round to encourage every person to Speak Out Against Sexual Violence and to support survivors by providing prevention education and survivor empowerment information; and
WHEREAS, Lake Family Resource Center and the District Attorney's office, Victim-Witness Division, local law enforcement agencies, hospitals and schools have set an important example of how forging collaborative relationships improves the quality of service for those impacted by sexual violence.
NOW, THEREFORE, BE IT PROCLAIMED that the Board of Supervisors of the County of Lake does hereby designate the month of April, 2022, as Sexual Assault Awareness Month in Lake County; April 6th as the Sexual Assault Awareness Day of Action in Lake County; and urges all local governments, schools, businesses and community members to participate in the sponsored events this month to increase awareness and public support for creating communities free from violence and exploitation.
PASSED AND ADOPTED this 12th day of April, 2022.
Attest: CAROL J. HUCHINGSON COUNTY OF LAKE
Clerk of the Board of Supervisors
By: ________________________ _________________________
Chair, Board of Supervisors
If not budgeted, fill in the blanks below only:
Estimated Cost: __N/A__ 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: Adopt Proclamation Designating the Month of April 2022 as Sexual Assault Awareness Month in Lake County.
5.8Approve Revised Board of Supervisors Meeting Minutes for September 28, 2021
Action Item
passed on consent
Staff memo
Executive Summary
There was an error made in the Board Minutes from September 28, 2021 under item 6.12.
The changes made include changing "Supervisors" to "Commissioners" and adding the sixth Housing Commissioner to the vote since the Board was sitting as the Lake County Housing Commission rather than the Board of Supervisors.
The original minutes that were approved on October 19, 2021 have been attached for reference along with the revised minutes.
Recommended Action
Approve Revised Board of Supervisors Meeting Minutes for September 28, 2021
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Johanna DeLong, Assistant Clerk of the Board
Subject: Approve Revised Board of Supervisors Meeting Minutes for September 28, 2021
Executive Summary:
There was an error made in the Board Minutes from September 28, 2021 under item 6.12.
The changes made include changing "Supervisors" to "Commissioners" and adding the sixth Housing Commissioner to the vote since the Board was sitting as the Lake County Housing Commission rather than the Board of Supervisors.
The original minutes that were approved on October 19, 2021 have been attached for reference along with the revised minutes.
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 Revised Board of Supervisors Meeting Minutes for September 28, 2021
5.9Adopt Resolution Amending Resolution No. 2021 – 116 Establishing Position Allocations for Recommended FY 2021-2022, Budget Unit 2702
Resolution
passed on consent
Staff memo
Executive Summary
Staff submits for your Board's consideration and approval of the attached resolution to amend the position allocation for Budget Unit 2702 to add one (1) Community Development Technician allocation. This position was requested by the Board Of Supervisors to filter, track and respond to Community Development complaints from the citizens.
Recommended Action
Staff requests your board's approval to adopt Resolution Amending Resolution No. 2021 - 116 establishing Position allocations for Recommended FY 2021 - 2022, Budget Unit 2702.
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Mary Darby, Community Development Director
Subject: Adopt Resolution Amending Resolution No. 2021 - 116 Establishing Position Allocations for Recommended FY 2021-2022, Budget Unit 2702
Executive Summary: Staff submits for your Board's consideration and approval of the attached resolution to amend the position allocation for Budget Unit 2702 to add one (1) Community Development Technician allocation. This position was requested by the Board Of Supervisors to filter, track and respond to Community Development complaints from the citizens.
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 requests your board's approval to adopt Resolution Amending Resolution No. 2021 - 116 establishing Position allocations for Recommended FY 2021 - 2022, Budget Unit 2702.
5.10Approve Addendum to Corrected Certification of County Elections Official of Results of the Official Canvass of Election Returns and the Results of the 1% Manual Tally of Randomly Selected Voting Precincts for the September 14, 2021 Statewide Special Election
Report
passed on consent
Staff memo
Executive Summary
The "Certification of County Elections Official Results of the Official Canvass of the Election Returns and the Results of the 1% Manual Tally of Randomly Selected Voting Precincts for the September 14, 2021 Statewide Special Election" was timely accepted by the Lake County Board of Supervisors during a regularly scheduled meeting of that Board on October 19, 2021, as shown in the Board of Supervisors' Official Meeting Minutes on that date.
It was recently discovered that said Certification contained a typographical error in that the last statement in that Certification incorrectly indicates it was signed by the Lake County Registrar of Voters on September 14, 2021 when it was, in fact, signed on October 14, 2021.
Recommended Action
In order to ensure the accuracy of the Elections records, the Lake County Board of Supervisors hereby approves and accepts the Certification of County Elections Official of Results of the Official Canvass of Elections Returns and the Results of the 1% Manual Tally of Randomly Selected Voting Precincts for the September 14, 2021 Statewide Special Election, as hereby corrected, nunc pro tunc to October 14, 2021
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Maria Valadez, Registrar of Voters
Subject: Approve Addendum to Corrected Certification of County Elections Official of Results of the Official Canvass of Election Returns and the Results of the 1% Manual Tally of Randomly Selected Voting Precincts for the September 14, 2021 Statewide Special Election
Executive Summary:
The "Certification of County Elections Official Results of the Official Canvass of the Election Returns and the Results of the 1% Manual Tally of Randomly Selected Voting Precincts for the September 14, 2021 Statewide Special Election" was timely accepted by the Lake County Board of Supervisors during a regularly scheduled meeting of that Board on October 19, 2021, as shown in the Board of Supervisors' Official Meeting Minutes on that date.
It was recently discovered that said Certification contained a typographical error in that the last statement in that Certification incorrectly indicates it was signed by the Lake County Registrar of Voters on September 14, 2021 when it was, in fact, signed on October 14, 2021.
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:
In order to ensure the accuracy of the Elections records, the Lake County Board of Supervisors hereby approves and accepts the Certification of County Elections Official of Results of the Official Canvass of Elections Returns and the Results of the 1% Manual Tally of Randomly Selected Voting Precincts for the September 14, 2021 Statewide Special Election, as hereby corrected, nunc pro tunc to October 14, 2021
5.11Adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No.2302, Probation.
Resolution
passed on consent
Staff memo
Executive Summary
As I am sure the Board is aware, bail reform has been a priority in the State of California. The California Supreme Court Case "Humphrey" established case law that, in short, says detention solely because of inability to pay bail is unconstitutional. Since that decision, probation departments throughout the state have been tasked with developing pre-trail programs to deal with a growing population of individuals that, rather than being released on bail, are released to various levels of court ordered probation programs and supervision.
In late 2021, Senate Bill 129 "Budget Act of 2021" was passed and contained funding, available to Superior Courts, to establish local pre-trial programs. Lake County's Superior Court recently completed an MOU process to fund the Lake County Probation Department in the amount of $140,000 per Fiscal Year for these programs. Since managing this pre-trial population represents a significant increase in staff time, I believe the funding should be used for a full time allocated position. Because this positon will be developing programs and supervising the work of Deputy Probation Officers, Deputy Probation Officer, Senior is the appropriate position.
I have discussed this with the Lake County Superior Court Executive Officer who agrees with this proposal and has verified it would be an appropriate and approved expenditure of this funding.
$140,000 would cover the complete cost of the requested allocated position without cost to the General Fund.
Recommended Action
Staff requests your Board's approval to adopt Resolution Amending Resolution No. 2021-116
Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No.2302, Probation.
Original memo text
Memorandum
Date: March 21, 2022
To: The Honorable Lake County Board of Supervisors
From: Rob Howe, Chief Probation Officer
Subject: Adopt Resolution Amending Resolution No. 2021-116 Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No.2302, Probation.
Executive Summary:
As I am sure the Board is aware, bail reform has been a priority in the State of California. The California Supreme Court Case "Humphrey" established case law that, in short, says detention solely because of inability to pay bail is unconstitutional. Since that decision, probation departments throughout the state have been tasked with developing pre-trail programs to deal with a growing population of individuals that, rather than being released on bail, are released to various levels of court ordered probation programs and supervision.
In late 2021, Senate Bill 129 "Budget Act of 2021" was passed and contained funding, available to Superior Courts, to establish local pre-trial programs. Lake County's Superior Court recently completed an MOU process to fund the Lake County Probation Department in the amount of $140,000 per Fiscal Year for these programs. Since managing this pre-trial population represents a significant increase in staff time, I believe the funding should be used for a full time allocated position. Because this positon will be developing programs and supervising the work of Deputy Probation Officers, Deputy Probation Officer, Senior is the appropriate position.
I have discussed this with the Lake County Superior Court Executive Officer who agrees with this proposal and has verified it would be an appropriate and approved expenditure of this funding.
$140,000 would cover the complete cost of the requested allocated position without cost to the General Fund.
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 requests your Board's approval to adopt Resolution Amending Resolution No. 2021-116
Establishing Position Allocations for Fiscal Year 2021-2022, Budget Unit No.2302, Probation.
5.12Adopt Proclamation designating the Week of April 10-16, 2022 as National Public Safety Dispatchers Week
Proclamation
passed on consent
Staff memo
Executive Summary
DESIGNATING THE WEEK OF APRIL 10-16, 2022 AS NATIONAL PUBLIC SAFETY DISPATCHERS WEEK
WHEREAS, emergencies can occur at any time that require law enforcement, fire or emergency medical services; and
WHEREAS, when an emergency occurs, the prompt response of law enforcement officers, firefighters and emergency medical professionals is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our law enforcement officers and fire personnel is dependent upon the quality and accuracy of Information obtained from citizens who telephone the Lake County Central Dispatch Center; and
WHEREAS, Public Safety Dispatchers are the first, and can be the most critical, contact our citizens have with emergency services, and are the vital link for our law enforcement officers and fire personnel by monitoring their activities by radio providing them with information and insuring their safety; and
WHEREAS, the Public Safety Dispatchers of the Lake County Sheriff's Office have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients, exhibiting compassion, understanding and professionalism during the performance of their job.
NOW, THERFORE, BE IT PROCLAIMED that the Lake County Board of Supervisors does, hereby designate the week of April 10-16, 2022 as National Public Safety Dispatchers Week in Lake County and encourages all citizens to join in recognizing the commitment of public safety dispatchers in our communities to preserve the safety of us all.
Recommended Action
ADOPT PROCLAMATION DESIGNATING THE WEEK OF APRIL 10-16, 2022 AS NATIONAL PUBLIC SAFETY DISPATCHERS WEEK
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Brian Martin, Sheriff/Corner
Subject: Adopt Proclamation designating the Week of April 10th -16th, 2022 as National Public Safety Dispatchers Week.
Executive Summary:
DESIGNATING THE WEEK OF APRIL 10-16, 2022 AS NATIONAL PUBLIC SAFETY DISPATCHERS WEEK
WHEREAS, emergencies can occur at any time that require law enforcement, fire or emergency medical services; and
WHEREAS, when an emergency occurs, the prompt response of law enforcement officers, firefighters and emergency medical professionals is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our law enforcement officers and fire personnel is dependent upon the quality and accuracy of Information obtained from citizens who telephone the Lake County Central Dispatch Center; and
WHEREAS, Public Safety Dispatchers are the first, and can be the most critical, contact our citizens have with emergency services, and are the vital link for our law enforcement officers and fire personnel by monitoring their activities by radio providing them with information and insuring their safety; and
WHEREAS, the Public Safety Dispatchers of the Lake County Sheriff's Office have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients, exhibiting compassion, understanding and professionalism during the performance of their job.
NOW, THERFORE, BE IT PROCLAIMED that the Lake County Board of Supervisors does, hereby designate the week of April 10-16, 2022 as National Public Safety Dispatchers Week in Lake County and encourages all citizens to join in recognizing the commitment of public safety dispatchers in our communities to preserve the safety of us all.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (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: ADOPT PROCLAMATION DESIGNATING THE WEEK OF APRIL 10-16, 2022 AS NATIONAL PUBLIC SAFETY DISPATCHERS WEEK
5.13a) Approve purchase of the thirty four (34) Dell 5430 Rugged Mobile Data Computer and authorize the Sheriff or his designee to issue a purchase order in an amount not to exceed $110,000; and b) Authorize the Sheriff or his designee to issue a purchase order to Precision Wireless for the removal and installation of the units in each patrol vehicle in an amount not to exceed $30,000; and c) Approve the budget transfer into object code 62.74 for the capital asset
Action Item
passed on consent
Staff memo
Executive Summary
The Lake County Sheriff's Office purchased twenty eight (28) BMS Data911 M7, Mobile Data Computers (MDC's) in 2014. The total cost at that time was over three hundred thousand dollars. The Data911 computers are fixed mounted in Sheriff's Office patrol vehicles. The addition of the MDC's allowed patrol staff to access the Sheriff's Office RIMS/CAD system while in the field. Deputies were able to see pending calls for service, communicate with dispatch and other deputies via the computer system, lessening radio traffic. With the addition of the Data911 M7's, deputies are able to complete data entry and complete reports from their vehicles. Each M7 is equipped with GPS and an emergency key. The GPS system allows Central Dispatch and all on duty deputies to know the location of each vehicle via the Sheriff's Office RIMSmaps program. The emergency key, allows a deputy in a critical incident to notify dispatch and all on duty deputies of an emergency request for assistance by the deputy. The Sheriff's Office's current BMS Data911 M7's are approaching end of life, are no longer being produced / supported by BMS, and require replacement.
The Sheriff's Office has completed a sealed bid and identified the Dell 5430 Rugged laptop as a suitable replacement for the BMS Data911 M7's. The Dell 5430 Rugged laptops are equipped with the same features as the M7's, with the additional capability of being removed from the patrol vehicles. This additional feature will allows deputies to complete data entry and report completion from an unlimited number of locations. While in the vehicle, the laptops are locked to the docking station, preventing theft. Additionally the laptops will be equipped with two factor authentication, allowing for access to California Department of Justice databases.
The Sheriff's Office is requesting the Board of Supervisors approval for the purchase of the thirty four (34) Dell 5430 Rugged Laptop's and required equipment to include installation, as shown on the attached spread sheet. Estimated costs for removing the existing systems from vehicles and installing the new systems are included. Total anticipated costs are $138,048.89. The Sheriff's Office has requested the use of cannabis funds from the Law Enforcement section of the policy.
Not applicable
Recommended Action
a) Approve purchase of the thirty four (34) Dell 5430 Rugged Mobile Data Computer and authorize the Sheriff or his designee to issue a purchase order in an amount not to exceed $110,000; and b) Authorize the Sheriff or his designee to issue a purchase order to Precision Wireless for the removal and installation of the units in each patrol vehicle in an amount not to exceed $30,000; and c) Approve the budget transfer into object code 62.74 for the capital asset
| Estimated Cost | 140,000 |
|---|---|
| Amount Budgeted | 140,000 |
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Brian L. Martin, Sheriff/Coroner
Subject: a) Approve purchase of the thirty four (34) Dell 5430 Rugged Mobile Data Computer and authorize the Sheriff or his designee to issue a purchase order in an amount not to exceed $110,000; and b) Authorize the Sheriff or his designee to issue a purchase order to Precision Wireless for the removal and installation of the units in each patrol vehicle in an amount not to exceed $30,000; and c) Approve the budget transfer into object code 62.74 for the capital asset
Executive Summary: The Lake County Sheriff's Office purchased twenty eight (28) BMS Data911 M7, Mobile Data Computers (MDC's) in 2014. The total cost at that time was over three hundred thousand dollars. The Data911 computers are fixed mounted in Sheriff's Office patrol vehicles. The addition of the MDC's allowed patrol staff to access the Sheriff's Office RIMS/CAD system while in the field. Deputies were able to see pending calls for service, communicate with dispatch and other deputies via the computer system, lessening radio traffic. With the addition of the Data911 M7's, deputies are able to complete data entry and complete reports from their vehicles. Each M7 is equipped with GPS and an emergency key. The GPS system allows Central Dispatch and all on duty deputies to know the location of each vehicle via the Sheriff's Office RIMSmaps program. The emergency key, allows a deputy in a critical incident to notify dispatch and all on duty deputies of an emergency request for assistance by the deputy. The Sheriff's Office's current BMS Data911 M7's are approaching end of life, are no longer being produced / supported by BMS, and require replacement.
The Sheriff's Office has completed a sealed bid and identified the Dell 5430 Rugged laptop as a suitable replacement for the BMS Data911 M7's. The Dell 5430 Rugged laptops are equipped with the same features as the M7's, with the additional capability of being removed from the patrol vehicles. This additional feature will allows deputies to complete data entry and report completion from an unlimited number of locations. While in the vehicle, the laptops are locked to the docking station, preventing theft. Additionally the laptops will be equipped with two factor authentication, allowing for access to California Department of Justice databases.
The Sheriff's Office is requesting the Board of Supervisors approval for the purchase of the thirty four (34) Dell 5430 Rugged Laptop's and required equipment to include installation, as shown on the attached spread sheet. Estimated costs for removing the existing systems from vehicles and installing the new systems are included. Total anticipated costs are $138,048.89. The Sheriff's Office has requested the use of cannabis funds from the Law Enforcement section of the policy.
If not budgeted, fill in the blanks below only:
Estimated Cost: _140,000_ Amount Budgeted: _140,000__ 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) Approve purchase of the thirty four (34) Dell 5430 Rugged Mobile Data Computer and authorize the Sheriff or his designee to issue a purchase order in an amount not to exceed $110,000; and b) Authorize the Sheriff or his designee to issue a purchase order to Precision Wireless for the removal and installation of the units in each patrol vehicle in an amount not to exceed $30,000; and c) Approve the budget transfer into object code 62.74 for the capital asset
5.14Approve Contract Between County of Lake and North Coast Opportunities, Inc. for the Housing Support Program, for the Term of December 1, 2021 to June 30, 2022 in the amount of $774,816.00, and Authorize the Chair to Sign.
Agreement
pulled on consent
Motion carried
Carried 5-0 — moved by Scott
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
North Coast Services, Inc. (NCO), has successfully operated the Housing Support Program (HSP) in partnership with Social Services since 2019. This program is funded through an allocation from the California Department of Social Services (CDSS). Lake County Ordinance 3109 established competitive purchasing requirements for all contracts and purchases. Section 2-38.2(3)(B) of this Ordinance details that competitive bidding is required every 3 years. Social Services wishes to execute a short-term Contract with NCO through the end of the current fiscal year, June 30, 2022, in order to allow ample time to complete a new bid solicitation. When the last RFP was issued in 2018, NCO was the only Contractor to submit a bid for the HSP Program. DSS is currently processing the RFP for HSP Services for the Contract period beginning on July 1, 2022.
The most recent Contract allows for month-to-month continuation of services and payment after expiration, but DSS has recently been made aware that the County Auditor will not make any payment for services longer than one quarter beyond the date of Contract expiration. Additionally, DSS was notified through the All County Welfare Directors Letter (ACWDL) issued on December 13, 2021 that CDSS intends to increase the allocation for FY 21/22 to $774,816. With the original Contract being expired as of June 30, 2021, and therefore not able to be amended for the funding increase, and month-to-month continuation no longer allowed, a new short-term Contract is needed to continue to pay NCO for services currently being provided to program participants.
This Contract has been delayed in coming to your Board for many reasons, including the late announcement of funding for HSP from CDSS. Unfortunately, Social Services has no control over the release date of CDSS County Fiscal Letters and funding announcements.
Together with North Coast Opportunities, Inc., Social Services will provide resources to support CalWORKs clients that experience chronic and repetitive homelessness. The program will continue to provide rental assistance and other supportive services to help participants find and retain long-term housing.
Recommended Action
Approve Contract between County of Lake and North Coast Opportunities, Inc. for the Housing Support Program, for the term of December 1, 2021 to June 30, 2022 in the amount of $774,816.00, and authorize the Chair to sign.
| Estimated Cost | $774,816 |
|---|---|
| Amount Budgeted | $774,816 |
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Crystal Markytan, Social Services Director
Subject: Approve Contract between County of Lake and North Coast Opportunities, Inc. for the Housing Support Program, for the term of December 1, 2021 to June 30, 2022 in the amount of $774,816.00, and authorize the Chair to sign.
Executive Summary:
North Coast Services, Inc. (NCO), has successfully operated the Housing Support Program (HSP) in partnership with Social Services since 2019. This program is funded through an allocation from the California Department of Social Services (CDSS). Lake County Ordinance 3109 established competitive purchasing requirements for all contracts and purchases. Section 2-38.2(3)(B) of this Ordinance details that competitive bidding is required every 3 years. Social Services wishes to execute a short-term Contract with NCO through the end of the current fiscal year, June 30, 2022, in order to allow ample time to complete a new bid solicitation. When the last RFP was issued in 2018, NCO was the only Contractor to submit a bid for the HSP Program. DSS is currently processing the RFP for HSP Services for the Contract period beginning on July 1, 2022.
The most recent Contract allows for month-to-month continuation of services and payment after expiration, but DSS has recently been made aware that the County Auditor will not make any payment for services longer than one quarter beyond the date of Contract expiration. Additionally, DSS was notified through the All County Welfare Directors Letter (ACWDL) issued on December 13, 2021 that CDSS intends to increase the allocation for FY 21/22 to $774,816. With the original Contract being expired as of June 30, 2021, and therefore not able to be amended for the funding increase, and month-to-month continuation no longer allowed, a new short-term Contract is needed to continue to pay NCO for services currently being provided to program participants.
This Contract has been delayed in coming to your Board for many reasons, including the late announcement of funding for HSP from CDSS. Unfortunately, Social Services has no control over the release date of CDSS County Fiscal Letters and funding announcements.
Together with North Coast Opportunities, Inc., Social Services will provide resources to support CalWORKs clients that experience chronic and repetitive homelessness. The program will continue to provide rental assistance and other supportive services to help participants find and retain long-term housing.
If not budgeted, fill in the blanks below only:
Estimated Cost: $774,816______ Amount Budgeted: $774,816______ 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 Contract between County of Lake and North Coast Opportunities, Inc. for the Housing Support Program, for the term of December 1, 2021 to June 30, 2022 in the amount of $774,816.00, and authorize the Chair to sign.
On motion of Supervisor Scott, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.14 with the exception of item 5.14 which was pulled and continued to the April 19, 2022 Board of Supervisors Meeting. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
Clerk’s notes: This item was pulled and continued to the April 19, 2022 Board of Supervisor Meeting.
6. Timed Items
6.19:05 A.M. - Lake County Care and Control Pet of the Week
6.29:06 A.M. - Public Input
Clerk’s notes: Public Member Randy Wilk spoke.
6.39:07 A.M. Presentation of Proclamation Designating the Month of April 2022 as Sexual Assault Awareness Month in Lake County
Proclamation
Staff memo
Executive Summary
Here before your Board is a Proclamation to Adopt April as Sexual Assault Awareness Month in Lake County
BOARD OF SUPERVISORS, COUNTY OF LAKE,
STATE OF CALIFORNIA
Proclamation
DESIGNATING THE MONTH OF APRIL 2022, AS
SEXUAL ASSAULT AWARENESS MONTH IN LAKE COUNTY
WHEREAS, in 2021, Lake County agencies responded to the needs of at least 201 sexual assault victims and their significant others and/or family members; and
WHEREAS, no one person, organization, agency or community can eliminate sexual assault on their own and the partnership between public and private Lake County agencies is invaluable; and
WHEREAS, child sexual abuse prevention must be a priority to confront the reality that children are being abused. One in six boys and one in four girls will experience a sexual assault before the age of 18; and
WHEREAS, Lake Family Resource Center has been instrumental in leading the way in the County of Lake in addressing sexual assault by providing 24-hour hotline services, continuing support, advocacy and accompaniment to victims/survivors and their significant others; and
WHEREAS, ending sexual assault in Lake County must include active public and private efforts to Speak Out Against Sexual Violence; and it is time for all of us to start conversations, take appropriate action and support one another to create a safer environment for all residents; and
WHEREAS, staff and volunteers of the Lake Family Resource Center Rape Crisis Center work year-round to encourage every person to Speak Out Against Sexual Violence and to support survivors by providing prevention education and survivor empowerment information; and
WHEREAS, Lake Family Resource Center and the District Attorney's office, Victim-Witness Division, local law enforcement agencies, hospitals and schools have set an important example of how forging collaborative relationships improves the quality of service for those impacted by sexual violence.
NOW, THEREFORE, BE IT PROCLAIMED that the Board of Supervisors of the County of Lake does hereby designate the month of April, 2022, as Sexual Assault Awareness Month in Lake County; April 6th as the Sexual Assault Awareness Day of Action in Lake County; and urges all local governments, schools, businesses and community members to participate in the sponsored events this month to increase awareness and public support for creating communities free from violence and exploitation.
PASSED AND ADOPTED this 12th day of April, 2022.
Attest: CAROL J. HUCHINGSON COUNTY OF LAKE
Clerk of the Board of Supervisors
By: ________________________ _________________________
Chair, Board of Supervisors
Recommended Action
Present Proclamation Designating the Month of April 2022 as Sexual Assault Awareness Month in Lake County.
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Johanna DeLong, Clerk of the Board
Subject: 9:07 A.M. Present Proclamation Designating the Month of April 2022 as Sexual Assault Awareness Month in Lake County.
Executive Summary:
Here before your Board is a Proclamation to Adopt April as Sexual Assault Awareness Month in Lake County
BOARD OF SUPERVISORS, COUNTY OF LAKE,
STATE OF CALIFORNIA
Proclamation
DESIGNATING THE MONTH OF APRIL 2022, AS
SEXUAL ASSAULT AWARENESS MONTH IN LAKE COUNTY
WHEREAS, in 2021, Lake County agencies responded to the needs of at least 201 sexual assault victims and their significant others and/or family members; and
WHEREAS, no one person, organization, agency or community can eliminate sexual assault on their own and the partnership between public and private Lake County agencies is invaluable; and
WHEREAS, child sexual abuse prevention must be a priority to confront the reality that children are being abused. One in six boys and one in four girls will experience a sexual assault before the age of 18; and
WHEREAS, Lake Family Resource Center has been instrumental in leading the way in the County of Lake in addressing sexual assault by providing 24-hour hotline services, continuing support, advocacy and accompaniment to victims/survivors and their significant others; and
WHEREAS, ending sexual assault in Lake County must include active public and private efforts to Speak Out Against Sexual Violence; and it is time for all of us to start conversations, take appropriate action and support one another to create a safer environment for all residents; and
WHEREAS, staff and volunteers of the Lake Family Resource Center Rape Crisis Center work year-round to encourage every person to Speak Out Against Sexual Violence and to support survivors by providing prevention education and survivor empowerment information; and
WHEREAS, Lake Family Resource Center and the District Attorney's office, Victim-Witness Division, local law enforcement agencies, hospitals and schools have set an important example of how forging collaborative relationships improves the quality of service for those impacted by sexual violence.
NOW, THEREFORE, BE IT PROCLAIMED that the Board of Supervisors of the County of Lake does hereby designate the month of April, 2022, as Sexual Assault Awareness Month in Lake County; April 6th as the Sexual Assault Awareness Day of Action in Lake County; and urges all local governments, schools, businesses and community members to participate in the sponsored events this month to increase awareness and public support for creating communities free from violence and exploitation.
PASSED AND ADOPTED this 12th day of April, 2022.
Attest: CAROL J. HUCHINGSON COUNTY OF LAKE
Clerk of the Board of Supervisors
By: ________________________ _________________________
Chair, Board of Supervisors
If not budgeted, fill in the blanks below only:
Estimated Cost: __N/A__ 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: Present Proclamation Designating the Month of April 2022 as Sexual Assault Awareness Month in Lake County.
This Ceremonial Item was read into the record and presented.
Clerk’s notes: Supervisor Scott read the proclamation into the record and presented it to the Lake Family Resource Center. Lake Family Resource Center Representative spoke.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.49:10 A.M. Presentation of Proclamation designating the Week of April 10-16, 2022 as National Public Safety Dispatchers Week
Proclamation
Staff memo
Executive Summary
DESIGNATING THE WEEK OF APRIL 10-16, 2022 AS NATIONAL PUBLIC SAFETY DISPATCHERS WEEK
WHEREAS, emergencies can occur at any time that require law enforcement, fire or emergency medical services; and
WHEREAS, when an emergency occurs, the prompt response of law enforcement officers, firefighters and emergency medical professionals is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our law enforcement officers and fire personnel is dependent upon the quality and accuracy of Information obtained from citizens who telephone the Lake County Central Dispatch Center; and
WHEREAS, Public Safety Dispatchers are the first, and can be the most critical, contact our citizens have with emergency services, and are the vital link for our law enforcement officers and fire personnel by monitoring their activities by radio providing them with information and insuring their safety; and
WHEREAS, the Public Safety Dispatchers of the Lake County Sheriff's Office have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients, exhibiting compassion, understanding and professionalism during the performance of their job.
NOW, THERFORE, BE IT PROCLAIMED that the Lake County Board of Supervisors does, hereby designate the week of April 10-16, 2022 as National Public Safety Dispatchers Week in Lake County and encourages all citizens to join in recognizing the commitment of public safety dispatchers in our communities to preserve the safety of us all.
Recommended Action
Present Proclamation Designating the Week of April 10th - 16th, 2022 as National Public Safety Dispatchers Week
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Brian Martin, Sheriff/Corner
Subject: 9:10 A.M. Presentation of Proclamation Designating the Week of April 10th - 16th , 2022 as National Public Safety Dispatchers Week
Executive Summary:
DESIGNATING THE WEEK OF APRIL 10-16, 2022 AS NATIONAL PUBLIC SAFETY DISPATCHERS WEEK
WHEREAS, emergencies can occur at any time that require law enforcement, fire or emergency medical services; and
WHEREAS, when an emergency occurs, the prompt response of law enforcement officers, firefighters and emergency medical professionals is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our law enforcement officers and fire personnel is dependent upon the quality and accuracy of Information obtained from citizens who telephone the Lake County Central Dispatch Center; and
WHEREAS, Public Safety Dispatchers are the first, and can be the most critical, contact our citizens have with emergency services, and are the vital link for our law enforcement officers and fire personnel by monitoring their activities by radio providing them with information and insuring their safety; and
WHEREAS, the Public Safety Dispatchers of the Lake County Sheriff's Office have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients, exhibiting compassion, understanding and professionalism during the performance of their job.
NOW, THERFORE, BE IT PROCLAIMED that the Lake County Board of Supervisors does, hereby designate the week of April 10-16, 2022 as National Public Safety Dispatchers Week in Lake County and encourages all citizens to join in recognizing the commitment of public safety dispatchers in our communities to preserve the safety of us all.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (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: Present Proclamation Designating the Week of April 10th - 16th, 2022 as National Public Safety Dispatchers Week
This Ceremonial Item was read into the record and presented.
Clerk’s notes: Supervisor Sabatier read the proclamation into the record and presented it to Sheriff Brian Martin. Sheriff Brian Martin spoke.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed
6.59:15 A.M. - (Sitting as the Lake County Housing Authority Board of Commissioners) a) Consideration of First Amendment to the 2021 Agreement to Develop Affordable Housing by and Between the Lake County Housing Authority and the Rural Communities Housing Development Corporation; and b) Consideration of Request for an Audit
Action Item
Motion failed · 2 motions
Carried 6-0 — moved by Simon
Crandell: aye Figueroa: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Figueroa: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
FAILED 3-3 — moved by Sabatier
Crandell: aye Figueroa: aye Pyska: nay Sabatier: aye Scott: nay Simon: nay
Crandell: aye Figueroa: aye Pyska: nay Sabatier: aye Scott: nay Simon: nay
Staff memo
Executive Summary
The Lake County Housing Authority became the successor agency of the former Redevelopment Agency's housing obligations and assets. In January of 2012, the Board of Supervisors adopted a resolution formally effectuating that transfer to the Lake County Housing Authority.
In March of 2012, the Oversight Board of the Successor Agency for the Lake County Redevelopment Agency took action in regard to the original Collier Avenue Affordable Housing Project which had been entered into with the Rural Communities Housing Development Corporation (RCHDC) and directed the Lake County Housing Authority to retain its deeds of trust on the Collier Avenue property to secure the loans made with the balance due and payable if five years unless the housing project was substantially completed.
For many reasons including the advent of a series of disaster and the lack of funding, the Collier Avenue project was not able to move forward.
In 2021, there was an opportunity to renegotiate an agreement with RCHDC to develop affordable housing. The 2021 Agreement to Develop Affordable Housing describes the terms and conditions of the negotiation which include the Housing Authority's agreement to cancel and forgive the aforementioned deeds of trust. However, the renegotiated 2021 Agreement also improved the protections against loss to the Housing Authority. A copy of that 2021 Agreement is included with this Agenda Item.
Since the Housing Authority's September 2021 approval of the renegotiated agreement with
RCHDC, the County has participated in several meetings of the Oversight Board of the Successor Agency for the Lake County Redevelopment Agency discussing the path forward to achieve the critical goal of providing affordable housing in Lake County.
At the March 7 meeting of the Oversight Board, I presented some suggestions to modify and add provisions to further strengthen the terms and conditions of the agreement approved in 2021.
The memo to the Oversight Board wherein those suggestions are made is also included as part of this Agenda Item. At that meeting, the Oversight Board suggested that these additions and modifications to the 2021 Agreement be presented for the approval of the Lake County Housing Authority.
Submitted here for the consideration of your Board is a draft First Amendment to the 2021 Agreement for the Development of Affordable Housing.
Approval of this amendment may be accomplished by motion. Thank you
Recommended Action
a) Approve First Amendment to the 2021 Agreement to Develop Affordable Housing by and Between the Lake County Housing Authority and the Rural Communities Housing Development Corporation
b) By motion Approve Request for an Audit
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Housing Authority
From: a) Anita L. Grant, County Counsel
b) Bruno Sabatier, District 2 Supervisor
Subject: (Sitting as the Lake County Housing Authority Board of Commissioners) a) Consideration of First Amendment to the 2021 Agreement to Develop Affordable Housing by and Between the Lake County Housing Authority and the Rural Communities Housing Development Corporation; and b) Consideration of Request for an Audit
Executive Summary:
The Lake County Housing Authority became the successor agency of the former Redevelopment Agency's housing obligations and assets. In January of 2012, the Board of Supervisors adopted a resolution formally effectuating that transfer to the Lake County Housing Authority.
In March of 2012, the Oversight Board of the Successor Agency for the Lake County Redevelopment Agency took action in regard to the original Collier Avenue Affordable Housing Project which had been entered into with the Rural Communities Housing Development Corporation (RCHDC) and directed the Lake County Housing Authority to retain its deeds of trust on the Collier Avenue property to secure the loans made with the balance due and payable if five years unless the housing project was substantially completed.
For many reasons including the advent of a series of disaster and the lack of funding, the Collier Avenue project was not able to move forward.
In 2021, there was an opportunity to renegotiate an agreement with RCHDC to develop affordable housing. The 2021 Agreement to Develop Affordable Housing describes the terms and conditions of the negotiation which include the Housing Authority's agreement to cancel and forgive the aforementioned deeds of trust. However, the renegotiated 2021 Agreement also improved the protections against loss to the Housing Authority. A copy of that 2021 Agreement is included with this Agenda Item.
Since the Housing Authority's September 2021 approval of the renegotiated agreement with
RCHDC, the County has participated in several meetings of the Oversight Board of the Successor Agency for the Lake County Redevelopment Agency discussing the path forward to achieve the critical goal of providing affordable housing in Lake County.
At the March 7 meeting of the Oversight Board, I presented some suggestions to modify and add provisions to further strengthen the terms and conditions of the agreement approved in 2021.
The memo to the Oversight Board wherein those suggestions are made is also included as part of this Agenda Item. At that meeting, the Oversight Board suggested that these additions and modifications to the 2021 Agreement be presented for the approval of the Lake County Housing Authority.
Submitted here for the consideration of your Board is a draft First Amendment to the 2021 Agreement for the Development of Affordable Housing.
Approval of this amendment may be accomplished by motion. 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:
a) Approve First Amendment to the 2021 Agreement to Develop Affordable Housing by and Between the Lake County Housing Authority and the Rural Communities Housing Development Corporation
b) By motion Approve Request for an Audit
a) On motion of Commissioner Simon, and by vote of the Board, approved the First Amendment to the 2021 Agreement to Develop Affordable Housing by and Between the Lake County Housing Authority and the Rural Communities Housing Development Corporation as amended and stated by County Counsel Anita Grant. The motion carried by the following vote:
Ayes- Commissioners: 6 - Simon, Sabatier, Scott, Pyska, Crandell, and Figueroa
b) On motion of Commissioner Sabatier, and by vote of the Board, requested an audit on the funding Activity of the Collier Ave project. The motion failed by the following vote:
Ayes- Commissioners: 3 - Sabatier, Crandell, and Figueroa
Nays- Commissioners: 3 - Simon, Scott and Pyska
Clerk’s notes: a) Commissioner Sabatier introduced the item to the Board. County Counsel Anita Grant presented the item to the Board. County Administrative Officer Carol Huchingson and RCHD Representative Ryan LaRue spoke. Commissioner Figueroa was present via Zoom.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
b) Commissioner Sabatier presented the item to the Board. County Counsel Anita Grant spoke.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input of this item was closed.
6.69:30 A.M. - Public Hearing on Account and Proposed Assessment for 7268 Liberty Street, Nice, CA, 95464
Public Hearing
Motion carried
Carried 5-0 — moved by Scott
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
PROPERTY DESCRIPTION:
Property Owner: Waller, Therman & Irene
Property Address: 7268 Liberty Street, Nice, CA, 95464
APN: 031-152-31
Zoning: R1 (Single Family Residential)
Property Description: Improved parcel with a single family dwelling and other accessory structures
Supervisorial District: District 3
Exhibit A - Property Map
SUMMARY ABATEMENT SUMMARY:
Pursuant to Lake County Code Chapter 13, Article VI, Section 13-42.1 - Upon completion of the abatement, the Board shall hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the Board may make such modifications and revisions of the proposed account and assessment as it deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part or as modified and revised. (LCC Chapter 13, Article VI, Section 13-42.1)
On October 1, 2021 Code Enforcement observed substantial amounts of trash and debris scatter over the property constituting a public health and safety issue to the occupants and general overall welfare of the public. Based on the condition of the property a summary abatement was requested from Supervisor Crandell and County Counsel
Exhibit B - Site Photos
On October 8, 2021, based on complaints received and a site inspection conducted, a 48-Hour Summary Abatement Notice was issued against the property for violation of the following Lake County Codes (LCC):
LCC CH. 13, Article 1, Sec 13-3.1 (e) (1) - Any condition declared by any statute of the State of California or code of the Lake County to be a nuisance.
LCC CH. 13, Article 1, Sec 13-3.1 (e) (2) - Any public nuisance know at common law or equity.
LCC CH. 13, Article 1, Sec 13-3.1 (e) (3) - Any attractive nuisance which prove dangerous or detrimental to public health or safety.
LCC CH. 13, Article 1, Sec 13-3.1 (e) (4) - Any conditions dangerous to human life, unsafe, or detrimental to the public health or safety.
LCC CH. 13, Article 1, Sec 13-3.1 (e) (5) - Any use of land, building or premises established, operated, or maintained contrary to provisions of this Chapter or Chapter 5, 9, 17, 21, 23, 29, or 30 of this Code.
LCC CH. 13, Article 1, Sec 13-3.1 (e) (7) - Existence of garbage, rubbish, or refuse.
LCC CH. 13, Article 1, Sec 13-3.1 (e) (8) - Any items causing an unsightly appearance which is visible from the scenic corridor or public right of ways or sites of neighboring properties or which provides harborage for rats and/or other vermin, or creates other potential health or public nuisance.
On October 11, 2021 through October 14, 2021, Code Enforcement proceeded with the summary abatement. In addition the occupants executed a "Right of Entry Form". Leonard's Hauling was contracted to conduct the summary abatement. The summary abatement consisted of the removal of debris and trash from the property totaling seventeen point eight-four (17.84) tons or approximately thirty-nine thousand three hundred and thirty pounds (39,330.468).
Exhibit C - Right of Entry Form
On October 15, 2021, compliance with the LCC was attained, the burnt structure and other burnt materials were removed and the public health and safety issues were abated.
Exhibit D - Completed Summary Abatement Photos
Exhibit E - Task Sheet
Recommended Action
Staff recommends the Board of Supervisors confirm the assessment of $5,600.06 and direct staff to Record a Notice of Special Assessment Lien against the property. The cost of summary abatement services was $5,102.03 (Leonard's Hauling) + $495.76 (administrative fees) totaling to be $5,600.06.
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Norman Valdez, Code Enforcement Officer
Subject: Hearing on Account and Proposed Assessment for 7268 Liberty Street, Nice, CA, 95464
Executive Summary:
PROPERTY DESCRIPTION:
Property Owner: Waller, Therman & Irene
Property Address: 7268 Liberty Street, Nice, CA, 95464
APN: 031-152-31
Zoning: R1 (Single Family Residential)
Property Description: Improved parcel with a single family dwelling and other accessory structures
Supervisorial District: District 3
Exhibit A - Property Map
SUMMARY ABATEMENT SUMMARY:
Pursuant to Lake County Code Chapter 13, Article VI, Section 13-42.1 - Upon completion of the abatement, the Board shall hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the Board may make such modifications and revisions of the proposed account and assessment as it deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part or as modified and revised. (LCC Chapter 13, Article VI, Section 13-42.1)
On October 1, 2021 Code Enforcement observed substantial amounts of trash and debris scatter over the property constituting a public health and safety issue to the occupants and general overall welfare of the public. Based on the condition of the property a summary abatement was requested from Supervisor Crandell and County Counsel
Exhibit B - Site Photos
On October 8, 2021, based on complaints received and a site inspection conducted, a 48-Hour Summary Abatement Notice was issued against the property for violation of the following Lake County Codes (LCC):
LCC CH. 13, Article 1, Sec 13-3.1 (e) (1) - Any condition declared by any statute of the State of California or code of the Lake County to be a nuisance.
LCC CH. 13, Article 1, Sec 13-3.1 (e) (2) - Any public nuisance know at common law or equity.
LCC CH. 13, Article 1, Sec 13-3.1 (e) (3) - Any attractive nuisance which prove dangerous or detrimental to public health or safety.
LCC CH. 13, Article 1, Sec 13-3.1 (e) (4) - Any conditions dangerous to human life, unsafe, or detrimental to the public health or safety.
LCC CH. 13, Article 1, Sec 13-3.1 (e) (5) - Any use of land, building or premises established, operated, or maintained contrary to provisions of this Chapter or Chapter 5, 9, 17, 21, 23, 29, or 30 of this Code.
LCC CH. 13, Article 1, Sec 13-3.1 (e) (7) - Existence of garbage, rubbish, or refuse.
LCC CH. 13, Article 1, Sec 13-3.1 (e) (8) - Any items causing an unsightly appearance which is visible from the scenic corridor or public right of ways or sites of neighboring properties or which provides harborage for rats and/or other vermin, or creates other potential health or public nuisance.
On October 11, 2021 through October 14, 2021, Code Enforcement proceeded with the summary abatement. In addition the occupants executed a "Right of Entry Form". Leonard's Hauling was contracted to conduct the summary abatement. The summary abatement consisted of the removal of debris and trash from the property totaling seventeen point eight-four (17.84) tons or approximately thirty-nine thousand three hundred and thirty pounds (39,330.468).
Exhibit C - Right of Entry Form
On October 15, 2021, compliance with the LCC was attained, the burnt structure and other burnt materials were removed and the public health and safety issues were abated.
Exhibit D - Completed Summary Abatement Photos
Exhibit E - Task Sheet
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
If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below:
Which exemption is being requested?
How long has Agreement been in place?
When was purchase last rebid?
Reason for request to waive bid?
Recommended Action:
Staff recommends the Board of Supervisors confirm the assessment of $5,600.06 and direct staff to Record a Notice of Special Assessment Lien against the property. The cost of summary abatement services was $5,102.03 (Leonard's Hauling) + $495.76 (administrative fees) totaling to be $5,600.06.
On motion of Supervisor Scott, and by vote of the Board, confirmed the assessment of $5,617.06 and directed staff to Record a Notice of Special Assessment Lien against the property. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
Clerk’s notes: Code Enforcement Manager Marcus Beltramo presented the item to the Board.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.710:00 A.M. - Public Hearing - Discussion and Consideration of Appeal (AB 21-05) of Planning Commission Approval of Major Use Permit 19-36 and IS/MND 19-56 “Lake Vista Farms, LLC”, Clearlake. APN’s 010-053-01 and 010-053-02.
Public Hearing
Motion carried
Carried 5-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
EXHIBITS:
A1 - APPEAL
A2 - APPEAL RESPONSE: TECHNICAL MEMORANDUM FOR WATER USE
A3 - 11.18.2021 STAFF REPORT, PC MINUTES, AGENCY AND PUBLIC COMMENTARY
A4 - SITE PLANS
A5 - PROPERTY MANAGEMENT PLAN
A6 - HYDROLOGY REPORT
A7 - DROUGHT MANAGEMENT PLAN
A8 - CONDITIONS OF APPROVAL
A9 - INITIAL STUDY
A10 - BIOLOGICAL REPORT
A11 - CITY OF CLEARLAKE LETTER OF SUPPORT
A12 - AGENCY COMMENTS
A13 - REMEDIATION
A14 - VIOLATIONS
A15 - EA CONDITIONS OF APPROVAL
I. BACKGROUND
The appellant is appealing the Planning Commission's November 18, 2021 3-1 approval (four Planning Commissioners present) of a Major Use Permit (19-36) to permit a commercial cannabis cultivation major use permit and mitigated negative declaration of the following uses located at 2050 and 2122 Ogulin Canyon Road, Clearlake, CA 95423, APN's 010-053-01 and 010-053-02.
* Fifteen (15) A-Type 3 "outdoor" licenses totaling 816,750 sq. ft. cultivation (18.75 acres) and 653,400 sq. ft. of total canopy (15 acres) on five (5) sites:
o Site A. Northwestern Hops Field (with a cultivation area of 5.09 acres)
o Site B. Southwest Clearing (with a cultivation area of 6.56 acres)
o Site C. Northeast Hops Field (with a cultivation area of 1.45 acres)
o Site D. Central Hops Field (with a cultivation area of 3.72 acres)
o Site E. Chaparral Clearing (with a cultivation area of 1.92 acres)
* Sites A through D would include temporary 20' x 100' (2,000 square feet) hoop-houses that are of simple construction that will not require lighting. The hoop-houses are intended to provide protection for cannabis plants, and would be used on an as-needed basis and dismantled at the end of each growing season
* Portable toilets, trash enclosures, vegetation waste storage areas, 2,500-gallon water storage tanks at five cultivation areas, Conex shipping containers and/or 8'x 8' storage sheds (or similar) for storage of pesticides, fertilizers, and hazardous materials
* A 1.5 acres onsite nursery within an existing barn and shade structures
* One (1) renovated 10' x 30' shipping container to house security equipment and camera monitors
* 6' tall security wire fencing that will be secured by locked gates and that will enclose cultivation areas.
The applicant was approved for Early Activation (EA) on February 28, 2020 by the County Zoning Administrator. The applicant's lessee subsequently constructed hoop houses on Site A and graded 56,640 square feet of Site B. There was also evidence that trees were removed during the grading of the site. The Code Enforcement Division of the County of Lake's CDD cited the lessee with Notice of Violation and Stop Work Order on May 14, 2020. The applicant was found to be in violation of several conditions outlined in the EA Approval (EA 20-22), including but not limited to:
* Condition of Approval four (4)
* Condition of Approval Seven (7)
* Condition of Approval Nine (9)
* Condition of Approval Seventeen (17)
Exhibit 14 includes documentation on the violations and remediation. To address the violations, the applicant coordinated with the CDD staff to identify and implement corrective actions, including the removal of the hoop houses, preparation of engineered grading plans, stabilization of the illegal grading area, and installation of storm water management controls to prevent erosion. These plans and associated actions to mitigate the violations were received by the CDD, which were cleared by the CDD on August 8, 2021. No cultivation activities have occurred at the project site since the revocation of the Early Activation.
On November 18, 2021 the Use Permit was approved by the Lake County Planning Commission. An appeal to the Board of Supervisors was filed by the appellant on November 24, 2021. The appellant filed the appeal on behalf of at least twelve (12) residents located in the Burns Valley Groundwater Basin area which is located southwest of the said property.
The combined parcel area is approximately 302.4 acres and is located on Ogulin Canyon Road in Clearlake. The subject site is within the boundary of the Shorelines Communities Area Plan. The project parcel is within the City of Clearlake's Sphere of Influence/City Limits. Cannabis cultivation is prohibited within 1,000 feet of a City's Sphere of Influence unless the applicant can provide a letter of support from the City of Clearlake. A letter of support from the City of Clearlake was issued on February 24, 2020.
A Major Use Permit is required for this project pursuant to compliance with State regulations; the County of Lake General Plan and the Shoreline Communities Area Plan; Article 68, Article 27 Part 27.11 (at), and 51.4 of the County of Lake Zoning Ordinance.
Project Description
Applicant: Brian D. Pensack / Garrett W. Burdick
Owner: Lake Vista Farms, LLC
Location: 2050 & 2122 Ogulin Canyon Road, Clearlake, CA 95422
APN: 010-053-01 and 010-053-02 [Project location]
Parcel Size: 302.4 total combined acreage
General Plan: Rural Lands
Zoning: "RL" Rural Lands
Flood Zone: "D" Areas of undetermined, but possible, flood hazard area
Cultivation Area: 816,750 sq. ft. (18.75 acres) in total.
Canopy Area: Estimated at 653,400 sq. ft (15 acres)
Surrounding Zoning and Land Use:
North: Property to the north is zoned Rural Land (RL) and Rural Residential (RR). Land uses are residential and agricultural (cannabis cultivation).
South: Property to the south is zoned RL. Land uses are residential and agricultural.
East: Property to the east is zoned RL and Open Space (O). Land uses are residential and agricultural.
West: Property to the west is within City limits of Clearlake and the City's C-4 Zoning District, defined as "Heavy Service Commercial - Light Industrial." Land uses are residential, commercial, and light industrial.
The project parcel is within 1,000 feet of the City of Clearlake Sphere of Influence/City Limits. Cannabis cultivation is prohibited within 1,000 feet of the City Sphere of Influence unless the applicant can provide a letter of support from the City. A letter of support from the City of Clearlake was issued on February 24, 2020 and this support letter was issued before the above noted grading violation was issued by the County of Lake CDD.
II. APPEAL DISCUSSION
SEC. 21-58.30 BOARD OF SUPERVISORS APPEALS. Decisions of the Planning Commission may be appealed.
Response: The appellant submitted written concerns regarding this application on November 24, 2021.
(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 November 24, 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 appellant submitted a written description of why the appellant believes 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. The appellant maintains that the development of existing grape vineyards and additional approved cannabis operations contribute to biological impacts associated with water demand, water use, and the capacity of the groundwater system to recharge, and that the proposed water use for the cultivation of cannabis in said property would have cumulative impacts on water demand, water use and capacity of the groundwater system to recharge. The appellant maintains that the capacity of the groundwater to store and recharge water during the current drought remains unaddressed in the environmental review. The appellant objects to the outdoor growing of cannabis because the site area is within the County's required 1000-foot setback from the City of Clearlake's Sphere of Influence/City Limits, and notes that the Early Activation (EA) permit that was approved by the County in February 2020 was later revoked due to violations of the EA. The argument made by the appellant it its entirety is found as EXHIBIT A1 - 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 19-46 on November 18, 2021. The appeal was filed on the 6th day of the appeal period for this action (November 24, 2021).
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 A16.
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 A9 - 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 November 18, 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 project site is the former Hops-Meister Farm that included the cultivation of approximately 13.6 acres of hops beginning in 2009. The site has been developed to include farming and agricultural support facilities, including a 1,200 square foot residence, septic system, barn, accessory structures, multiple wells, and irrigation facilities. The said property includes 816,750 square feet of cannabis cultivation and 653,400 square feet canopy coverage. This canopy area represents 4.96% of the 302.40 total acre site. The pre-existing agricultural activities covered a site area of over 18 acres. Other land uses on said property include residential, timberland, and grazing land use activities. The project complies with the 20 acres of land to one acre of canopy stipulation. A deed restriction on each parcel is required for the approved permit Lake Vista Farms, LLC UP 19-36.
3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
Response: The project takes access via a gravel driveway from Ogulin Canyon Road through an existing security gate.
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 A3 - 11.18.21 STAFF REPORT, PLANNING COMMISSION MINUTES, AGENCY AND PUBLIC COMMENTARY. No comments were received that would affect a substantial adverse impact determination.
The appellant submitted a written description of why the appellant believes 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. The appellant maintains that the development of existing grape vineyards on other parcels and existing approved cannabis operations contribute to biological impacts associated with water demand, water use, and the capacity of the groundwater system to recharge, and that the proposed water use for the cultivation of cannabis in said property would have cumulative impacts on water demand, water use and capacity of the groundwater system to recharge. The appellant maintains that the capacity of the groundwater to store and recharge water during the current drought remains unaddressed in the environmental review.
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: This project is a permitted use in accordance to the Rural Lands (RL) zoning district within the County of Lake's Commercial Cannabis ordinance. The project, 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 11.18.21, 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 were remediated as of August 8, 2021. Please refer to EXHIBITS A14 and A13, respectively, VIOLATIONS and REMEDIATION 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 Major 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 11.18.21, 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.
Not applicable
Recommended Action
Staff recommends that the Board of Supervisors:
Deny the Appeal (AB 21-05); uphold the Planning Commission's decision to approve the Use Permit (UP 19-36) and adopt Initial Study / Mitigated Negative Declaration (IS 19-56).
Sample Motions:
Appeal Denial
I move that the Board of Supervisors make an intended decision to deny the Appeal AB 21-05.
Initial Study (IS 21-10)
I move that the Board of Supervisors find that the Major Use Permit (UP 19-36) applied for by Lake Vista Farms, LLC on a property located at 2050 and 2122 Ogulin Canyon Road, City of Clearlake, CA further described as APN: 010-053-01 and 02 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 November 18, 2021.
Use Permit Approval
I move that the Board of Supervisors find that the Major Use Permit (UP 19-36) applied for by Lake Vista Farms, LLC on a property located at 2050 and 2122 Ogulin Canyon Road, City of Clearlake, CA, further described as APN: 010-053-01 and 02 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 Major Use Permit be granted subject to the conditions and with the findings listed in the Planning Commission staff report dated November 18, 2021.
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Mary Darby, Community Development Director
Subject: 10:00 a.m. Public Hearing - Discussion and Consideration of Appeal (AB 21-05) of Planning Commission Approval of Major Use Permit 19-36 and IS/MND 19-56 "Lake Vista Farms, LLC", Clearlake. APN's 010-053-01 and 010-053-02.
Executive Summary:
EXHIBITS:
A1 - APPEAL
A2 - APPEAL RESPONSE: TECHNICAL MEMORANDUM FOR WATER USE
A3 - 11.18.2021 STAFF REPORT, PC MINUTES, AGENCY AND PUBLIC COMMENTARY
A4 - SITE PLANS
A5 - PROPERTY MANAGEMENT PLAN
A6 - HYDROLOGY REPORT
A7 - DROUGHT MANAGEMENT PLAN
A8 - CONDITIONS OF APPROVAL
A9 - INITIAL STUDY
A10 - BIOLOGICAL REPORT
A11 - CITY OF CLEARLAKE LETTER OF SUPPORT
A12 - AGENCY COMMENTS
A13 - REMEDIATION
A14 - VIOLATIONS
A15 - EA CONDITIONS OF APPROVAL
I. BACKGROUND
The appellant is appealing the Planning Commission's November 18, 2021 3-1 approval (four Planning Commissioners present) of a Major Use Permit (19-36) to permit a commercial cannabis cultivation major use permit and mitigated negative declaration of the following uses located at 2050 and 2122 Ogulin Canyon Road, Clearlake, CA 95423, APN's 010-053-01 and 010-053-02.
* Fifteen (15) A-Type 3 "outdoor" licenses totaling 816,750 sq. ft. cultivation (18.75 acres) and 653,400 sq. ft. of total canopy (15 acres) on five (5) sites:
o Site A. Northwestern Hops Field (with a cultivation area of 5.09 acres)
o Site B. Southwest Clearing (with a cultivation area of 6.56 acres)
o Site C. Northeast Hops Field (with a cultivation area of 1.45 acres)
o Site D. Central Hops Field (with a cultivation area of 3.72 acres)
o Site E. Chaparral Clearing (with a cultivation area of 1.92 acres)
* Sites A through D would include temporary 20' x 100' (2,000 square feet) hoop-houses that are of simple construction that will not require lighting. The hoop-houses are intended to provide protection for cannabis plants, and would be used on an as-needed basis and dismantled at the end of each growing season
* Portable toilets, trash enclosures, vegetation waste storage areas, 2,500-gallon water storage tanks at five cultivation areas, Conex shipping containers and/or 8'x 8' storage sheds (or similar) for storage of pesticides, fertilizers, and hazardous materials
* A 1.5 acres onsite nursery within an existing barn and shade structures
* One (1) renovated 10' x 30' shipping container to house security equipment and camera monitors
* 6' tall security wire fencing that will be secured by locked gates and that will enclose cultivation areas.
The applicant was approved for Early Activation (EA) on February 28, 2020 by the County Zoning Administrator. The applicant's lessee subsequently constructed hoop houses on Site A and graded 56,640 square feet of Site B. There was also evidence that trees were removed during the grading of the site. The Code Enforcement Division of the County of Lake's CDD cited the lessee with Notice of Violation and Stop Work Order on May 14, 2020. The applicant was found to be in violation of several conditions outlined in the EA Approval (EA 20-22), including but not limited to:
* Condition of Approval four (4)
* Condition of Approval Seven (7)
* Condition of Approval Nine (9)
* Condition of Approval Seventeen (17)
Exhibit 14 includes documentation on the violations and remediation. To address the violations, the applicant coordinated with the CDD staff to identify and implement corrective actions, including the removal of the hoop houses, preparation of engineered grading plans, stabilization of the illegal grading area, and installation of storm water management controls to prevent erosion. These plans and associated actions to mitigate the violations were received by the CDD, which were cleared by the CDD on August 8, 2021. No cultivation activities have occurred at the project site since the revocation of the Early Activation.
On November 18, 2021 the Use Permit was approved by the Lake County Planning Commission. An appeal to the Board of Supervisors was filed by the appellant on November 24, 2021. The appellant filed the appeal on behalf of at least twelve (12) residents located in the Burns Valley Groundwater Basin area which is located southwest of the said property.
The combined parcel area is approximately 302.4 acres and is located on Ogulin Canyon Road in Clearlake. The subject site is within the boundary of the Shorelines Communities Area Plan. The project parcel is within the City of Clearlake's Sphere of Influence/City Limits. Cannabis cultivation is prohibited within 1,000 feet of a City's Sphere of Influence unless the applicant can provide a letter of support from the City of Clearlake. A letter of support from the City of Clearlake was issued on February 24, 2020.
A Major Use Permit is required for this project pursuant to compliance with State regulations; the County of Lake General Plan and the Shoreline Communities Area Plan; Article 68, Article 27 Part 27.11 (at), and 51.4 of the County of Lake Zoning Ordinance.
Project Description
Applicant: Brian D. Pensack / Garrett W. Burdick
Owner: Lake Vista Farms, LLC
Location: 2050 & 2122 Ogulin Canyon Road, Clearlake, CA 95422
APN: 010-053-01 and 010-053-02 [Project location]
Parcel Size: 302.4 total combined acreage
General Plan: Rural Lands
Zoning: "RL" Rural Lands
Flood Zone: "D" Areas of undetermined, but possible, flood hazard area
Cultivation Area: 816,750 sq. ft. (18.75 acres) in total.
Canopy Area: Estimated at 653,400 sq. ft (15 acres)
Surrounding Zoning and Land Use:
North: Property to the north is zoned Rural Land (RL) and Rural Residential (RR). Land uses are residential and agricultural (cannabis cultivation).
South: Property to the south is zoned RL. Land uses are residential and agricultural.
East: Property to the east is zoned RL and Open Space (O). Land uses are residential and agricultural.
West: Property to the west is within City limits of Clearlake and the City's C-4 Zoning District, defined as "Heavy Service Commercial - Light Industrial." Land uses are residential, commercial, and light industrial.
The project parcel is within 1,000 feet of the City of Clearlake Sphere of Influence/City Limits. Cannabis cultivation is prohibited within 1,000 feet of the City Sphere of Influence unless the applicant can provide a letter of support from the City. A letter of support from the City of Clearlake was issued on February 24, 2020 and this support letter was issued before the above noted grading violation was issued by the County of Lake CDD.
II. APPEAL DISCUSSION
SEC. 21-58.30 BOARD OF SUPERVISORS APPEALS. Decisions of the Planning Commission may be appealed.
Response: The appellant submitted written concerns regarding this application on November 24, 2021.
(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 November 24, 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 appellant submitted a written description of why the appellant believes 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. The appellant maintains that the development of existing grape vineyards and additional approved cannabis operations contribute to biological impacts associated with water demand, water use, and the capacity of the groundwater system to recharge, and that the proposed water use for the cultivation of cannabis in said property would have cumulative impacts on water demand, water use and capacity of the groundwater system to recharge. The appellant maintains that the capacity of the groundwater to store and recharge water during the current drought remains unaddressed in the environmental review. The appellant objects to the outdoor growing of cannabis because the site area is within the County's required 1000-foot setback from the City of Clearlake's Sphere of Influence/City Limits, and notes that the Early Activation (EA) permit that was approved by the County in February 2020 was later revoked due to violations of the EA. The argument made by the appellant it its entirety is found as EXHIBIT A1 - 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 19-46 on November 18, 2021. The appeal was filed on the 6th day of the appeal period for this action (November 24, 2021).
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 A16.
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 A9 - 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 November 18, 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 project site is the former Hops-Meister Farm that included the cultivation of approximately 13.6 acres of hops beginning in 2009. The site has been developed to include farming and agricultural support facilities, including a 1,200 square foot residence, septic system, barn, accessory structures, multiple wells, and irrigation facilities. The said property includes 816,750 square feet of cannabis cultivation and 653,400 square feet canopy coverage. This canopy area represents 4.96% of the 302.40 total acre site. The pre-existing agricultural activities covered a site area of over 18 acres. Other land uses on said property include residential, timberland, and grazing land use activities. The project complies with the 20 acres of land to one acre of canopy stipulation. A deed restriction on each parcel is required for the approved permit Lake Vista Farms, LLC UP 19-36.
3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
Response: The project takes access via a gravel driveway from Ogulin Canyon Road through an existing security gate.
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 A3 - 11.18.21 STAFF REPORT, PLANNING COMMISSION MINUTES, AGENCY AND PUBLIC COMMENTARY. No comments were received that would affect a substantial adverse impact determination.
The appellant submitted a written description of why the appellant believes 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. The appellant maintains that the development of existing grape vineyards on other parcels and existing approved cannabis operations contribute to biological impacts associated with water demand, water use, and the capacity of the groundwater system to recharge, and that the proposed water use for the cultivation of cannabis in said property would have cumulative impacts on water demand, water use and capacity of the groundwater system to recharge. The appellant maintains that the capacity of the groundwater to store and recharge water during the current drought remains unaddressed in the environmental review.
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: This project is a permitted use in accordance to the Rural Lands (RL) zoning district within the County of Lake's Commercial Cannabis ordinance. The project, 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 11.18.21, 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 were remediated as of August 8, 2021. Please refer to EXHIBITS A14 and A13, respectively, VIOLATIONS and REMEDIATION 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 Major 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 11.18.21, 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.
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 that the Board of Supervisors:
Deny the Appeal (AB 21-05); uphold the Planning Commission's decision to approve the Use Permit (UP 19-36) and adopt Initial Study / Mitigated Negative Declaration (IS 19-56).
Sample Motions:
Appeal Denial
I move that the Board of Supervisors make an intended decision to deny the Appeal AB 21-05.
Initial Study (IS 21-10)
I move that the Board of Supervisors find that the Major Use Permit (UP 19-36) applied for by Lake Vista Farms, LLC on a property located at 2050 and 2122 Ogulin Canyon Road, City of Clearlake, CA further described as APN: 010-053-01 and 02 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 November 18, 2021.
Use Permit Approval
I move that the Board of Supervisors find that the Major Use Permit (UP 19-36) applied for by Lake Vista Farms, LLC on a property located at 2050 and 2122 Ogulin Canyon Road, City of Clearlake, CA, further described as APN: 010-053-01 and 02 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 Major Use Permit be granted subject to the conditions and with the findings listed in the Planning Commission staff report dated November 18, 2021.
On motion of Supervisor Sabatier, and by vote of the Board, continued the Hearing to the May 3, 2022 Board of Supervisors Meeting at 11:00 A.M. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
Clerk’s notes: Principal Planner Michael McGuinnis presented a PowerPoint Presentation to the Board. County Counsel Anita Grant, Applicant Representative Richard Knoll, Community Development Director Angie Dodd, Donna McKwiecz, Brad Johnson, spoke.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.811:00 A.M. - a) Discussion of Cannabis Tax Reform; and b) Consideration of Resolution Amending Cannabis Cultivation Tax Due Dates
Action Item
Staff memo
Executive Summary
On January 25, 2022 your Board considered multiple topics related to cannabis taxes. Your Board provided direction to suspend the pending annual cannabis tax rate increases that would be implemented pursuant to the Consumer Price Index.
Your Board provided further direction to postpone the cannabis tax payment due dates until May 15, 2022, and waive the applicable late payment penalties. A resolution implementing this direction was approved on February 1, 2022.
On March 8, 2022, your Board considered additional options regarding potential cannabis tax reforms. Your Board directed staff to begin the process of amending the cannabis tax ordinance to change the taxable area from "Cultivation Area" to "Canopy Area." This more narrowly defined area will result in an approximate 15% tax reduction, however this will vary dramatically depending upon each individual circumstance.
Today, staff proposes your Board consider, and as appropriate, take action on the following options:
1) Approve Resolution Extending Due Dates for Cultivation Tax
As noted above, your Board previously directed that staff return with a resolution authorizing a further postponement of the due date to October 31, 2022, for the 2nd installment of the 2021 cannabis cultivation tax. There was a discussion of setting new due dates going forward, with January 1st and May 1st being proposed. A resolution detailing the proposed tax due dates for implementation is attached for your consideration and approval.
2) Proposed Rate Reductions for Cultivation Tax in 2021 and 2022
Local stakeholders in the cannabis industry have alerted staff to some of the more pressing concerns that have arisen since your Board's March 8th meeting. Decisions will need to be made soon by each operation on whether it is viable to begin cultivation this year. Since the cultivation tax is imposed once any related activity commences, the uncertainty regarding what relief may be potentially available is complicating the ability to make these operational decisions.
Staff recommends your Board consider offering relief for the last tax year, 2021, by considering a temporary 50% reduction in cultivation taxes. Your Board could then consider offering relief for cultivation activity in the 2022 tax year with a 50% reduction as well.
3) Direct Staff to Prepare a Resolution Authorizing a Temporary Change in Taxable Area from "Cultivation Area" to "Canopy Area"
Staff recommends your Board consider a resolution authorizing the use of canopy area, rather than cultivation area, for the 2022 tax year. This would satisfy the short-term need for certainty within the local cannabis industry, while permitting time for the ordinance to be amended allowing for permanent change.
The measures above can help provide time for proposed legislation at the State level to be implemented. The State's cultivation tax can represent upwards of 80% of the cultivation tax burden impacting our local cultivators. One of the other primary concerns conveyed to staff has been the lack of retail outlets for cannabis products, which has already been recognized as a priority for action by the State and is expected to be addressed during this period.
Should your Board choose to implement these options there would be an impact on further cannabis related spending, as it would both delay and reduce the receipt of revenue. This proposal represents an effort to balance the need to provide short-term stabilization to the local cannabis industry while minimizing the impact any loss of tax revenue would have on existing funding obligations, as discussed in our March 8th presentation to your Board.
Based on the direction of your Board regarding items 2 & 3, staff will prepare the documents for your April 19, 2022 agenda enabling your Board to take action.
Recommended Action
(a) Provide staff direction; (b) Adopt Resolution Postponing Cannabis Tax Payments and Suspending Late Payment Penalties During The Period Of Postponement
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Subject: a) Discussion of Cannabis Tax Reform; and b) Consideration of Resolution Amending Cannabis Cultivation Tax Due Dates
Executive Summary:
On January 25, 2022 your Board considered multiple topics related to cannabis taxes. Your Board provided direction to suspend the pending annual cannabis tax rate increases that would be implemented pursuant to the Consumer Price Index.
Your Board provided further direction to postpone the cannabis tax payment due dates until May 15, 2022, and waive the applicable late payment penalties. A resolution implementing this direction was approved on February 1, 2022.
On March 8, 2022, your Board considered additional options regarding potential cannabis tax reforms. Your Board directed staff to begin the process of amending the cannabis tax ordinance to change the taxable area from "Cultivation Area" to "Canopy Area." This more narrowly defined area will result in an approximate 15% tax reduction, however this will vary dramatically depending upon each individual circumstance.
Today, staff proposes your Board consider, and as appropriate, take action on the following options:
1) Approve Resolution Extending Due Dates for Cultivation Tax
As noted above, your Board previously directed that staff return with a resolution authorizing a further postponement of the due date to October 31, 2022, for the 2nd installment of the 2021 cannabis cultivation tax. There was a discussion of setting new due dates going forward, with January 1st and May 1st being proposed. A resolution detailing the proposed tax due dates for implementation is attached for your consideration and approval.
2) Proposed Rate Reductions for Cultivation Tax in 2021 and 2022
Local stakeholders in the cannabis industry have alerted staff to some of the more pressing concerns that have arisen since your Board's March 8th meeting. Decisions will need to be made soon by each operation on whether it is viable to begin cultivation this year. Since the cultivation tax is imposed once any related activity commences, the uncertainty regarding what relief may be potentially available is complicating the ability to make these operational decisions.
Staff recommends your Board consider offering relief for the last tax year, 2021, by considering a temporary 50% reduction in cultivation taxes. Your Board could then consider offering relief for cultivation activity in the 2022 tax year with a 50% reduction as well.
3) Direct Staff to Prepare a Resolution Authorizing a Temporary Change in Taxable Area from "Cultivation Area" to "Canopy Area"
Staff recommends your Board consider a resolution authorizing the use of canopy area, rather than cultivation area, for the 2022 tax year. This would satisfy the short-term need for certainty within the local cannabis industry, while permitting time for the ordinance to be amended allowing for permanent change.
The measures above can help provide time for proposed legislation at the State level to be implemented. The State's cultivation tax can represent upwards of 80% of the cultivation tax burden impacting our local cultivators. One of the other primary concerns conveyed to staff has been the lack of retail outlets for cannabis products, which has already been recognized as a priority for action by the State and is expected to be addressed during this period.
Should your Board choose to implement these options there would be an impact on further cannabis related spending, as it would both delay and reduce the receipt of revenue. This proposal represents an effort to balance the need to provide short-term stabilization to the local cannabis industry while minimizing the impact any loss of tax revenue would have on existing funding obligations, as discussed in our March 8th presentation to your Board.
Based on the direction of your Board regarding items 2 & 3, staff will prepare the documents for your April 19, 2022 agenda enabling your Board to take action.
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) Provide staff direction; (b) Adopt Resolution Postponing Cannabis Tax Payments and Suspending Late Payment Penalties During The Period Of Postponement
Supervisor Pyska offered the Resolution and it was passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
Clerk’s notes: County Administrative Officer Carol Huchingson introduced the item to the Board. Tax Administrator Patrick Sullivan presented the item to the Board.
Chair Crandell asked if anyone wished to speak and the following people present in the Board of Supervisors Chambers spoke: Chris Jennings, Richard Derum, Sarah Bodner, Kristin Callahan, Tyler Mitchell, Linda Bryant, Patricia Linnear, Nara Dahlbacka, Mary Drapper, Jennifer Smith, and Michael Wagner. The following people spoke via Zoom: Randy Wilk, Eddie Fernandez, Michael Colbruno, Bart Levenson, Damien Ramirez, Blair Gue, and Spencer Andrews. No one else wished to speak and the public input portion of this item was closed.
6.93:30 P.M. - a) Consideration of Interim Urgency Ordinance Placing a Moratorium on New Agricultural and Cannabis Cultivation Projects; and b) Consideration of Letter to Governor Newsom Requesting a Halt on New Cannabis Cultivation Licensing Statewide; and c) Consideration of Requesting the Lake County Drought Task Force Discuss, Draft, and Provide Ag/Cannabis Guidelines During Drought Conditions; and d) Consideration of Discussion of Other Actions Regarding Drought
Action Item
Staff memo
Executive Summary
As we know, we are facing an unprecedented, modern day, drought. A recent study states that this drought "represents the largest Southwestern North American area to experience a top-five 22 year drought-severity ranking in at least 1,200 years." On March 15, Water Resources presented about our current drought conditions sharing with us that lake levels may get close to 1976/77 lake levels, one of our worst documented droughts of our recent past. Last year, we approved a water truck ordinance due to the number of water trucks moving water around our county. For some it was for drinking water to those who could no longer pull water out of their wells, for others these deliveries also included other activities such as providing water to illegal cannabis grows. The number of trucks was alarming enough to create an ordinance restricting their activities, but proof nonetheless that this drought has impacted our groundwater and not just our lake. Bottom line, Lake County needs to do a better job of conserving water and not adding any new burden to an already stressed water system any more than it already is.
A) Agriculture and cannabis is a part of Lake County. While walnuts and pears are decreasing their acreage in Lake County, we have seen a continued increase in vineyards and quick increase in cannabis acreage. In 2018, total vineyard acres were 9,254 and in 2020 it increased to 9,584, a total of 330 acre increase occurred. Cannabis started in 2018 with less than 20 acres and has climbed to approximately 272 acres in 2021, an approximately 252 acre increase.
Adding more agricultural operations and cannabis cultivation projects to a 22 year drought that is currently exhibiting severe drought conditions is not appropriate. We do not know how much longer this drought will continue. We know that all water purveyors struggled last year, and this year is not proving to be any different.
I propose a 45 day moratorium on new projects relating to agriculture and cannabis due to the drought with possible extensions in the future. During this time, I hope we can come up with greater measures to protect and conserve our water, please see Part C of this item.
Agricultural operations converting native land to ag land will be prohibited under this moratorium. Both cannabis cultivation and agricultural operation projects who have already had their projects sent to the State Clearing House can continue with their approval process, but all other projects will be not be allowed to obtain approval until the moratorium has been lifted.
Projects can and will continue their process towards approval, this way when the moratorium is over (hopefully the drought as well) then projects will be ready to be approved.
B) I am requesting that the Board review and approve a letter to Governor Newsom asking that the state follow our example from Part A of this agenda item, and pause providing more cannabis cultivation licenses until the state finds itself in a better drought situation. Our traditional ag, as well as cannabis cultivations that have been approved, are impacted by each new acre of cannabis being approved. The state needs to take the drought into consideration over the need for more taxes. The state has been in a surplus the last two years and should focus on long term issues and long term solutions while the drought persists.
C) During our April 5th Board of Supervisors meeting we requested to realign the Lake County Drought Task Force to work on a comprehensive plan, the final makeup of this Task Force will be coming back to a future agenda item, possibly by the end of the month. I would like the board to give the Lake County Drought Task Force the direction to come up with new drought guidelines for agriculture and cannabis as well as new standards for hydrology reports as well as review standards. By creating these new guidelines and standards, we can continue to approve future ag and cannabis projects with an elevated standard to meet so that their activities will be successful and not have a cumulative impact to neighboring areas whether or not there is a drought.
D) Discussion on future drought actions needed to be taken such as: illegal grows and its illegal use of our ground water or lake water and the need to make an impact this year, the need to regulate commercial water sales, the need for enforcement on drought issues.
Recommended Action
A) Approve the Interim Urgency Ordinance Placing a Moratorium on New Agricultural and Cannabis Projects. B) Approve letter to Governor Newsom regarding Moratorium of Cannabis Cultivation State Licenses C) Provide Direction to Lake County Drought Task Force D) Discussion only
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Bruno Sabatier, District 2
Subject: Drought discussion and actions
a) Consider Interim Urgency Ordinance Placing a Moratorium on New Agricultural and Cannabis Cultivation Projects
b) Consider Letter to Governor Newsom Requesting a Halt on New Cannabis Cultivation Licensing Statewide
c) Consider Requesting the Lake County Drought Task Force Discuss, Draft, and Provide Ag/Cannabis Guidelines During Drought Conditions
d) Discussion of Other Actions Regarding Drought
Executive Summary:
As we know, we are facing an unprecedented, modern day, drought. A recent study states that this drought "represents the largest Southwestern North American area to experience a top-five 22 year drought-severity ranking in at least 1,200 years." On March 15, Water Resources presented about our current drought conditions sharing with us that lake levels may get close to 1976/77 lake levels, one of our worst documented droughts of our recent past. Last year, we approved a water truck ordinance due to the number of water trucks moving water around our county. For some it was for drinking water to those who could no longer pull water out of their wells, for others these deliveries also included other activities such as providing water to illegal cannabis grows. The number of trucks was alarming enough to create an ordinance restricting their activities, but proof nonetheless that this drought has impacted our groundwater and not just our lake. Bottom line, Lake County needs to do a better job of conserving water and not adding any new burden to an already stressed water system any more than it already is.
A) Agriculture and cannabis is a part of Lake County. While walnuts and pears are decreasing their acreage in Lake County, we have seen a continued increase in vineyards and quick increase in cannabis acreage. In 2018, total vineyard acres were 9,254 and in 2020 it increased to 9,584, a total of 330 acre increase occurred. Cannabis started in 2018 with less than 20 acres and has climbed to approximately 272 acres in 2021, an approximately 252 acre increase.
Adding more agricultural operations and cannabis cultivation projects to a 22 year drought that is currently exhibiting severe drought conditions is not appropriate. We do not know how much longer this drought will continue. We know that all water purveyors struggled last year, and this year is not proving to be any different.
I propose a 45 day moratorium on new projects relating to agriculture and cannabis due to the drought with possible extensions in the future. During this time, I hope we can come up with greater measures to protect and conserve our water, please see Part C of this item.
Agricultural operations converting native land to ag land will be prohibited under this moratorium. Both cannabis cultivation and agricultural operation projects who have already had their projects sent to the State Clearing House can continue with their approval process, but all other projects will be not be allowed to obtain approval until the moratorium has been lifted.
Projects can and will continue their process towards approval, this way when the moratorium is over (hopefully the drought as well) then projects will be ready to be approved.
B) I am requesting that the Board review and approve a letter to Governor Newsom asking that the state follow our example from Part A of this agenda item, and pause providing more cannabis cultivation licenses until the state finds itself in a better drought situation. Our traditional ag, as well as cannabis cultivations that have been approved, are impacted by each new acre of cannabis being approved. The state needs to take the drought into consideration over the need for more taxes. The state has been in a surplus the last two years and should focus on long term issues and long term solutions while the drought persists.
C) During our April 5th Board of Supervisors meeting we requested to realign the Lake County Drought Task Force to work on a comprehensive plan, the final makeup of this Task Force will be coming back to a future agenda item, possibly by the end of the month. I would like the board to give the Lake County Drought Task Force the direction to come up with new drought guidelines for agriculture and cannabis as well as new standards for hydrology reports as well as review standards. By creating these new guidelines and standards, we can continue to approve future ag and cannabis projects with an elevated standard to meet so that their activities will be successful and not have a cumulative impact to neighboring areas whether or not there is a drought.
D) Discussion on future drought actions needed to be taken such as: illegal grows and its illegal use of our ground water or lake water and the need to make an impact this year, the need to regulate commercial water sales, the need for enforcement on drought issues.
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) Approve the Interim Urgency Ordinance Placing a Moratorium on New Agricultural and Cannabis Projects. B) Approve letter to Governor Newsom regarding Moratorium of Cannabis Cultivation State Licenses C) Provide Direction to Lake County Drought Task Force D) Discussion only
No action taken.
Clerk’s notes: Supervisor Sabatier presented the item to the Board.
Chair Crandell asked it anyone wished to speak and the following people present in the Board of Supervisors Chambers spoke: Tyler Mitchell, Frank Perez, Richard Derum, Michael Wagner, Robert Booney, Patty Lanier, Sara Bodnar, Sharon Zoller, and Will Weiss. The following people spoke via Zoom: Michael Paul, Bart Levenson, and Betsy Cawn. No one else 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 Community Project Funding Resolution a) Middle Creek, CA and Community Project Funding Resolution b) Middle Creek Flood Damage Reduction and Ecosystem Restoration
Action Item
Staff memo
Executive Summary
The County was recently notified that the 117th Congress of the United States has announced another round of the Community Project Funding Program for fiscal year 2023. This important program will direct funds to specific state, county, local governments, districts and non-profits to support health, safety and economic well-being.
Members of Congress can submit up to fifteen (15) Community Project Funding proposals on behalf of all the jurisdictions within their federal district. Submitted projects will be competitively evaluated by the Committee on Appropriations. While there is no guarantee all will be funded, projects with strong local support will be given preference.
On April 5, 2022, your Board adopted Resolution 2022-37 that identified the Lakeport Armory Facility Repurposing Project as a Community Project Funding Proposal priority. In addition, your Board requested that staff seek other proposals that could be deemed eligible for consideration for Community Project Funding. The following two projects are presented for your Board's consideration.
Middle Creek, CA (as listed on the eligibility list) $1,000,000
Update and complete the feasibility stage of the Middle Creek, CA Project. The tasks include updating the 2003 Environmental Impact Statement, fulfilling the requirements of the National Historic Preservation Act and National Environmental Policy Act, and developing a Programmatic Agreement between the Tribes, Lake County, California Department of Water Resources, California State Historic Preservation Officer and the United States Army Corps of Engineers.
Middle Creek Flood Damage Reduction and Ecosystem Restoration Project
$800,000
Design and relocate 7 power lines located within the Middle Creek, CA project area.
If adopted, staff will complete all the necessary steps needed to submit proposals including the demonstrated community need and support before the due date of Friday, April 15, 2022.
Recommended Action
Adopt Community Project Funding Resolution a) Middle Creek, CA and Community Project Funding Resolution b) Middle Creek Flood Damage Reduction and Ecosystem Restoration and authorize Chair to sign.
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Carol J. Huchingson, County Administrative Officer
Subject: Consideration of Community Project Funding Resolution a) Middle Creek, CA and Community Project Funding Resolution b) Middle Creek Flood Damage Reduction and Ecosystem Restoration
Executive Summary:
The County was recently notified that the 117th Congress of the United States has announced another round of the Community Project Funding Program for fiscal year 2023. This important program will direct funds to specific state, county, local governments, districts and non-profits to support health, safety and economic well-being.
Members of Congress can submit up to fifteen (15) Community Project Funding proposals on behalf of all the jurisdictions within their federal district. Submitted projects will be competitively evaluated by the Committee on Appropriations. While there is no guarantee all will be funded, projects with strong local support will be given preference.
On April 5, 2022, your Board adopted Resolution 2022-37 that identified the Lakeport Armory Facility Repurposing Project as a Community Project Funding Proposal priority. In addition, your Board requested that staff seek other proposals that could be deemed eligible for consideration for Community Project Funding. The following two projects are presented for your Board's consideration.
Middle Creek, CA (as listed on the eligibility list) $1,000,000
Update and complete the feasibility stage of the Middle Creek, CA Project. The tasks include updating the 2003 Environmental Impact Statement, fulfilling the requirements of the National Historic Preservation Act and National Environmental Policy Act, and developing a Programmatic Agreement between the Tribes, Lake County, California Department of Water Resources, California State Historic Preservation Officer and the United States Army Corps of Engineers.
Middle Creek Flood Damage Reduction and Ecosystem Restoration Project
$800,000
Design and relocate 7 power lines located within the Middle Creek, CA project area.
If adopted, staff will complete all the necessary steps needed to submit proposals including the demonstrated community need and support before the due date of Friday, April 15, 2022.
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: Adopt Community Project Funding Resolution a) Middle Creek, CA and Community Project Funding Resolution b) Middle Creek Flood Damage Reduction and Ecosystem Restoration and authorize Chair to sign.
Supervisor Simon offered the resolution and it was passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
Supervisor Simon offered the resolution and it was passed by roll call vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
Clerk’s notes: County Administrative Officer Carol Huchingson introduced the item to the Board. Assistant County Administrative Officer Susan Parker presented the item to the Board.
Chair Crandell asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.3Consideration of the following Advisory Board Appointments:
Lucerne Area Town Hall (LATH)
Appointment
Motion carried
Carried 5-0 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Staff memo
Executive Summary
Lucerne Area Town Hall (LATH): One (1) Vacancy General Membership
Applications received: Danielle Santopietro
Recommended Action
Appoint qualified applicants to the specified advisory board.
Original memo text
Memorandum
Date: April 12, 2022
To: The Honorable Lake County Board of Supervisors
From: Johanna DeLong, Assistant Clerk of the Board
Subject: Consideration of Advisory Board Appointments
Executive Summary:
Lucerne Area Town Hall (LATH): One (1) Vacancy General Membership
Applications received: Danielle Santopietro
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 qualified applicants to the specified advisory board.
On motion of Supervisor Sabatier, and by vote of the Board, appointed Danielle Santopietro to the Lucerne Area Town Hall. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
Clerk’s notes: Chair Crandell introduced the item to the board.
Chair Crandell 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
8.1Public Employee Appointment Pursuant to Gov. Code Section 54957(b)(1):
Interview of Interim County Administrative Officer
Appointment of Interim County Administrative Officer
Closed Session Item
Motion carried
Carried 5-0 — moved by Scott
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
On motion of Supervisor Scott, and by vote of the Board, appointed Susan Parker as Interim County Administrative Officer effective April 30th at salary step 1. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
8.2Employee Disciplinary Appeal (EDA 22-01) Pursuant to Gov. Code sec. 54957
Closed Session Item
Motion carried
Carried 5-0 — moved by Scott
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: aye Simon: aye
On motion of Supervisor Scott, and by vote of the Board, approved the findings and denied the appeal. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell