Board Of Supervisors — Tuesday, May 10, 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
5.1a) Rescind approval of Agreement for Provision of Satellite Imagery Services By Planet Labs PBC to the County of Lake; and b) waive the formal bidding process, pursuant to Lake County Code Section 38.1, as an extension of an annual agreement; and c) Approve Agreement for Provision of Satellite Imagery Services By Planet Labs PBC to the County of Lake.
Action Item
passed on consent
Staff memo
Executive Summary
In order to better regulate the proliferation of illegal cannabis cultivation multiple counties have employed the use of satellite imagery. This imagery has helped identify these operations and streamline the ability of code enforcement to respond. The counties using this service have contracted with Planet Labs, which has offered previously unavailable services allowing for targeted imaging of certain areas at a designated time, up to the entire boundaries of the County if needed.
Lake County is among those jurisdictions being provided funding for this satellite imagery service through a Proposition 64 - Public Health and Safety Grant. The focus of this grant is to support code enforcement operations against unlawful cannabis cultivation. On February 22, 2021, your Board approved a 12-month agreement not to exceed $49,950. A 12-month renewal of this agreement with the same terms is attached.
Staff is requesting your Board waive the formal bidding process pursuant to Lake County Code Section 38.1, as it is an extension of an annual agreement. Planet is the designated service provider pursuant to the State's grant, and Code Enforcement staff has worked towards integrating this product's hosted platform into their illegal cannabis cultivation enforcement efforts as proposed in the Proposition 64 grant. Given that the Code Enforcement division is still in the process of rehiring and training staff, it is not recommended that any agreement more expansive in scope be considered at this time. If Code Enforcement staff and other county departments are able to expand the utilization of these services over the course of this upcoming year, staff could then effectively explore procuring more expansive satellite imagery services, including imagery products available through other vendors.
On May 3, your Board approved a renewed agreement with Planet Labs Inc. After the meeting, the contractor notified County staff that their corporate structure has changed to a Public Benefit Corporation and requested that any reference to "Planet Labs Inc" be revised to "Planet Labs PBC". The revised agreement is attached for your consideration.
Recommended Action
Rescind the May 3 approval of the existing Agreement for Provision of Satellite Imagery Services by Planet Labs Inc to the County of Lake; waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and approve the Agreement for Provision of Satellite Imagery Services by Planet Labs PBC to the County of Lake, directing the Chair to sign to the agreement and incorporated order schedule.
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Susan Parker, Interim County Administrative Officer
Subject: (a) Rescind approval of Agreement for Provision of Satellite Imagery Services By Planet Labs PBC to the County of Lake; (b) waive the formal bidding process, pursuant to Lake County Code Section 38.1, as an extension of an annual agreement; and (c) Approve Agreement for Provision of Satellite Imagery Services By Planet Labs PBC to the County of Lake.
Executive Summary:
In order to better regulate the proliferation of illegal cannabis cultivation multiple counties have employed the use of satellite imagery. This imagery has helped identify these operations and streamline the ability of code enforcement to respond. The counties using this service have contracted with Planet Labs, which has offered previously unavailable services allowing for targeted imaging of certain areas at a designated time, up to the entire boundaries of the County if needed.
Lake County is among those jurisdictions being provided funding for this satellite imagery service through a Proposition 64 - Public Health and Safety Grant. The focus of this grant is to support code enforcement operations against unlawful cannabis cultivation. On February 22, 2021, your Board approved a 12-month agreement not to exceed $49,950. A 12-month renewal of this agreement with the same terms is attached.
Staff is requesting your Board waive the formal bidding process pursuant to Lake County Code Section 38.1, as it is an extension of an annual agreement. Planet is the designated service provider pursuant to the State's grant, and Code Enforcement staff has worked towards integrating this product's hosted platform into their illegal cannabis cultivation enforcement efforts as proposed in the Proposition 64 grant. Given that the Code Enforcement division is still in the process of rehiring and training staff, it is not recommended that any agreement more expansive in scope be considered at this time. If Code Enforcement staff and other county departments are able to expand the utilization of these services over the course of this upcoming year, staff could then effectively explore procuring more expansive satellite imagery services, including imagery products available through other vendors.
On May 3, your Board approved a renewed agreement with Planet Labs Inc. After the meeting, the contractor notified County staff that their corporate structure has changed to a Public Benefit Corporation and requested that any reference to "Planet Labs Inc" be revised to "Planet Labs PBC". The revised agreement is attached for your consideration.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☐ Well-being of Residents ☒ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☒ Economic Development ☐ Infrastructure ☐ County Workforce
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action: Rescind the May 3 approval of the existing Agreement for Provision of Satellite Imagery Services by Planet Labs Inc to the County of Lake; waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and approve the Agreement for Provision of Satellite Imagery Services by Planet Labs PBC to the County of Lake, directing the Chair to sign to the agreement and incorporated order schedule.
5.2Approve Board of Supervisors Minutes April 12, 2022
Action Item
passed on consent
5.3Adopt Resolution setting Rate of Pay for Election Officers for the June7, 2022 Statewide Direct Primary Election.
Report
passed on consent
Staff memo
Executive Summary
The Registrar of Voters is charged with the duty to appoint persons to serve in various positions in order to conduct the June 7, 2022, Statewide Direct Primary Election as well as setting the rate of pay for each person working as a result of the Statewide Direct Primary Election. Pursuant to section 12310 of the California Elections Code, I am submitting a resolution setting the rate of compensation for members of the precinct board and support staff for the upcoming June 7, 2022, Statewide Direct Primary Election.
Not applicable
Recommended Action
Adopt Resolution Setting Rate of Pay for Election Officers for the June 7, 2022, Statewide Direct Primary Election.
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Maria Valadez, Registrar of Voters
Subject: Adopt Resolution Setting Rate of Pay for Election Officers for the June 7, 2022, Statewide Direct Primary Election
Executive Summary:
The Registrar of Voters is charged with the duty to appoint persons to serve in various positions in order to conduct the June 7, 2022, Statewide Direct Primary Election as well as setting the rate of pay for each person working as a result of the Statewide Direct Primary Election. Pursuant to section 12310 of the California Elections Code, I am submitting a resolution setting the rate of compensation for members of the precinct board and support staff for the upcoming June 7, 2022, Statewide Direct Primary Election.
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 Setting Rate of Pay for Election Officers for the June 7, 2022, Statewide Direct Primary Election.
5.4a) Adopt Resolution Adopting a Continuous Record Retention and Destruction Schedule for the Human Resources Department; and b) Approve Policy Establishing a Records Retention and Destruction Schedule for Lake County Human Resources Department; and c) Approve Destruction of Old HR Records From 1974 Through 2018
Action Item
passed on consent
Staff memo
Executive Summary
Attached for your consideration is a policy establishing a Records Retention and Destruction Schedule for Lake County Human Resources Department (HR). Under California law, such documents may be destroyed if approved by the Board of Supervisors. I recommend that such destruction be authorized for specified records after the end of the retention periods listed in Exhibit A to the attached resolution.
The retention periods are based upon the minimum retention periods as required by state and/or federal law for selected types of records maintained by the HR office, which is sited in the Authority Reference column on the HR Records Retention and Destruction Schedule.
Currently our office has documents in storage that are 48 years old. The cost of storing documents is significant in terms of space, money, and staff time. We are requesting approval destruction of old HR records from 1974 through 2018 listed below. Once approved all documents will be shredded through Shred It, a bonded shredder company.
Records to be destroyed:
Dept.
Records Description
Retention Period
HR
Terminated I-9's 1990 - 2018
Separation +3 years
HR
Terminated Personnel, Medical, & Private Employee files 1974- 2014
Separation +7 years
HR
Inactive Volunteers Files 2000- 2017
Inactive + 4 Years
HR
Employee Drug & Alcohol Test 2000-2017
5 years
HR
Recruitment files 1980- 2018
4 Years
HR
Insurance Benefit Plan Files 1974- 2016
Insurance history, correspondence, benefit summaries
Contract Duration + 2 Years
HR
CalPERS Actuarial Reports and memos 1990-2015
6 Years
HR
General Working Files / HR Correspondence / 1984-2018
General files, letters, memos, working files, budget working files, Confirming Requisitions.
2 Years
HR
Unemployment Files 1977-1996
6 Years
HR
Job Descriptions / Class Specs typed 1980-1995
3 Years
Recommended Action
a) Adopt a Resolution for Continuous Record Retention and
Destruction Schedule for the Human Resources Department (HR), b) Approve Policy
establishing a Records Retention and Destruction Schedule for Lake County Human
Resources Department and c) Approve destruction of Old HR Records From
1974 Through 2018
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Pamela Samac, Human Resources Director
Subject: a) Adopt Resolution Adopting a Continuous Record Retention and Destruction Schedule for the Human Resources Department; and b) Approve Policy Establishing a Records Retention and Destruction Schedule for Lake County Human Resources Department; and c) Approve Destruction of Old HR Records From 1974 Through 2018
Executive Summary:
Attached for your consideration is a policy establishing a Records Retention and Destruction Schedule for Lake County Human Resources Department (HR). Under California law, such documents may be destroyed if approved by the Board of Supervisors. I recommend that such destruction be authorized for specified records after the end of the retention periods listed in Exhibit A to the attached resolution.
The retention periods are based upon the minimum retention periods as required by state and/or federal law for selected types of records maintained by the HR office, which is sited in the Authority Reference column on the HR Records Retention and Destruction Schedule.
Currently our office has documents in storage that are 48 years old. The cost of storing documents is significant in terms of space, money, and staff time. We are requesting approval destruction of old HR records from 1974 through 2018 listed below. Once approved all documents will be shredded through Shred It, a bonded shredder company.
Records to be destroyed:
Dept.
Records Description
Retention Period
HR
Terminated I-9's 1990 - 2018
Separation +3 years
HR
Terminated Personnel, Medical, & Private Employee files 1974- 2014
Separation +7 years
HR
Inactive Volunteers Files 2000- 2017
Inactive + 4 Years
HR
Employee Drug & Alcohol Test 2000-2017
5 years
HR
Recruitment files 1980- 2018
4 Years
HR
Insurance Benefit Plan Files 1974- 2016
Insurance history, correspondence, benefit summaries
Contract Duration + 2 Years
HR
CalPERS Actuarial Reports and memos 1990-2015
6 Years
HR
General Working Files / HR Correspondence / 1984-2018
General files, letters, memos, working files, budget working files, Confirming Requisitions.
2 Years
HR
Unemployment Files 1977-1996
6 Years
HR
Job Descriptions / Class Specs typed 1980-1995
3 Years
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Consistency with Vision 2028 (check all that apply): ☐ Not applicable
☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☐ Community Collaboration ☒ Business Process Efficiency ☐ Clear Lake
Recommended Action: a) Adopt a Resolution for Continuous Record Retention and
Destruction Schedule for the Human Resources Department (HR), b) Approve Policy
establishing a Records Retention and Destruction Schedule for Lake County Human
Resources Department and c) Approve destruction of Old HR Records From
1974 Through 2018
5.5Adopt Resolution Expressing Support for the Middletown Days Parade and Events, and Temporarily Authorizing a Road Closure, Prohibiting Parking and Authorizing Removal of Vehicles and Ordering the Department of Public Works to Post Signs.
Resolution
passed on consent
Staff memo
Executive Summary
The Middletown Days parade and activities have been planned from 12:00 PM, June 17, 2022 through 8:00 PM, June 19, 2022.
Based on previous Middletown Days events, no-parking zones and a partial road closure are needed to limit congestion so that emergency services can access the area during the Middletown Days events.
Attached for the Board's consideration and action, is a resolution of support for the Middletown Days events, and to create the temporary no-parking zones on portions of Barnes Street, Santa Clara Road and Central Park Road, and Wardlaw Street and the temporary closure of portions of Young Street, Armstrong, Douglas Street, Calayomi Street, Bush Street, and Hill Avenue. It is recommended that the Board approve the resolution.
Recommended Action
Approve Resolution and authorize the Chair to sign.
Original memo text
Memorandum
Date: April 26, 2022
To: The Honorable Lake County Board of Supervisors
From: Scott De Leon, Public Works Director
Subject: Adopt Resolution Expressing Support for the Middletown Days Parade and Events, and Temporarily Authorizing a Road Closure, Prohibiting Parking and Authorizing Removal of Vehicles and Ordering the Department of Public Works to Post Signs.
Executive Summary:
The Middletown Days parade and activities have been planned from 12:00 PM, June 17, 2022 through 8:00 PM, June 19, 2022.
Based on previous Middletown Days events, no-parking zones and a partial road closure are needed to limit congestion so that emergency services can access the area during the Middletown Days events.
Attached for the Board's consideration and action, is a resolution of support for the Middletown Days events, and to create the temporary no-parking zones on portions of Barnes Street, Santa Clara Road and Central Park Road, and Wardlaw Street and the temporary closure of portions of Young Street, Armstrong, Douglas Street, Calayomi Street, Bush Street, and Hill Avenue. It is recommended that the Board approve the resolution.
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 Resolution and authorize the Chair to sign.
5.6Approve Contract Between County of Lake and Excellesoft Partners, LLC. for Nexus Registry Software, in the Amount of $42,252, from March 15, 2022 to June 30, 2025, and Authorize the Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
The Nexus registry management software will replace the current In-Home Supportive Services (IHSS) Public Authority Registry system used by our Adult Services division. Social Services issued Request for Proposals (RFP) #21-17 in October of 2021. Three proposals were received and Excellesoft Partners, LLC was selected by the review panel. Public Authority uses this software to organize prescreened IHSS providers and matches them to recipients based on recipient needs and preferences. By developing systems that pinpoint and address specific workflow and operational issues, Excellesoft is being recognized as one of California's premier leaders in the development of solutions for IHSS Public Authorities. They currently provide the IHSS Public Authority software for 21 other California counties.
Recommended Action
Approve Contract between County of Lake and Excellesoft Partners, LLC. for Nexus Registry Software, in the amount of $42,252, from March 15, 2022 to June 30, 2025, and authorize the Chair to sign.
| Estimated Cost | $42,252 |
|---|---|
| Amount Budgeted | $42,252 |
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Crystal Markytan, Director, Social Services
Subject: Approve Contract between County of Lake and Excellesoft Partners, LLC. for Nexus Registry Software, in the amount of $42,252, from March 15, 2022 to June 30, 2025, and authorize the Chair to sign.
Executive Summary:
The Nexus registry management software will replace the current In-Home Supportive Services (IHSS) Public Authority Registry system used by our Adult Services division. Social Services issued Request for Proposals (RFP) #21-17 in October of 2021. Three proposals were received and Excellesoft Partners, LLC was selected by the review panel. Public Authority uses this software to organize prescreened IHSS providers and matches them to recipients based on recipient needs and preferences. By developing systems that pinpoint and address specific workflow and operational issues, Excellesoft is being recognized as one of California's premier leaders in the development of solutions for IHSS Public Authorities. They currently provide the IHSS Public Authority software for 21 other California counties.
If not budgeted, fill in the blanks below only:
Estimated Cost: _$42,252__ Amount Budgeted: $42,252__ 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 Excellesoft Partners, LLC. for Nexus Registry Software, in the amount of $42,252, from March 15, 2022 to June 30, 2025, and authorize the Chair to sign.
5.7Approve Fourth Amendment to the Lease Agreement Between County of Lake and Gary Sada and Sheila Sada for the Property Located at 926 S. Forbes St. in Lakeport in the Amount of $86,332.68, from July 1, 2022 to June 30, 2023, and Authorize the Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
Lake County Department of Social Services (LCDSS) is amending the Lease Agreement with Gary Sada and Sheila Sada for the office space located at 926 S. Forbes St. in Lakeport to extend the Lease term for one (1) year. LCDSS has rented the space since 2002, and this location houses our Child Welfare Services branch. There is no increase in total cost and rent remains $7,194.39 per month during the term of this Amendment.
Recommended Action
Approve Fourth Amendment to the Lease Agreement between County of Lake and Gary Sada and Sheila Sada for $86,332.68, from July 1, 2022 to June 30, 2023, for the property located at 926 S. Forbes St. in Lakeport, and authorize the Chair to sign.
| Estimated Cost | $7,194.39 |
|---|---|
| Amount Budgeted | $7,194.39 |
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Crystal Markytan, Director, Social Services
Subject: Approve Fourth Amendment to the Lease Agreement between County of Lake and Gary Sada and Sheila Sada for the property located at 926 S. Forbes St. in Lakeport in the amount of $86,332.68, from July 1, 2022 to June 30, 2023, and authorize the Chair to sign.
Executive Summary:
Lake County Department of Social Services (LCDSS) is amending the Lease Agreement with Gary Sada and Sheila Sada for the office space located at 926 S. Forbes St. in Lakeport to extend the Lease term for one (1) year. LCDSS has rented the space since 2002, and this location houses our Child Welfare Services branch. There is no increase in total cost and rent remains $7,194.39 per month during the term of this Amendment.
If not budgeted, fill in the blanks below only:
Estimated Cost: _$7,194.39__ Amount Budgeted: _$7,194.39__ 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 Fourth Amendment to the Lease Agreement between County of Lake and Gary Sada and Sheila Sada for $86,332.68, from July 1, 2022 to June 30, 2023, for the property located at 926 S. Forbes St. in Lakeport, and authorize the Chair to sign.
5.8Approve Sixth Amendment to the Lease Agreement between County of Lake and Ewing and Associates for the Child Welfare Services Parking Lot Located on South Forbes Street in Lakeport, for the Amount of $4,800 from July 1, 2022 to June 30, 2023, and Authorize the Chair to Sign.
Agreement
passed on consent
Staff memo
Executive Summary
The Department of Social Services has leased this portion of the Ewing and Associates parking lot since 2001 to provide parking for our Child Welfare Services staff. This Amendment extends the lease for 1 year, and there is no increase to the monthly rent of $400.
Recommended Action
Approve Sixth Amendment to the Lease Agreement between County of Lake and Ewing and Associates for the Child Welfare Services Parking Lot located on South Forbes Street in Lakeport, for the amount of $4,800 from July 1, 2022 to June 30, 2023, and authorize the Chair to sign.
| Estimated Cost | $4,800 |
|---|---|
| Amount Budgeted | $4,800 |
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Crystal Markytan, Director, Social Services
Subject: Approve Sixth Amendment to the Lease Agreement between County of Lake and Ewing and Associates for the Child Welfare Services Parking Lot located on South Forbes Street in Lakeport, for the amount of $4,800 from July 1, 2022 to June 30, 2023, and authorize the Chair to sign.
Executive Summary:
The Department of Social Services has leased this portion of the Ewing and Associates parking lot since 2001 to provide parking for our Child Welfare Services staff. This Amendment extends the lease for 1 year, and there is no increase to the monthly rent of $400.
If not budgeted, fill in the blanks below only:
Estimated Cost: _$4,800__ Amount Budgeted: _$4,800__ 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 Sixth Amendment to the Lease Agreement between County of Lake and Ewing and Associates for the Child Welfare Services Parking Lot located on South Forbes Street in Lakeport, for the amount of $4,800 from July 1, 2022 to June 30, 2023, and authorize the Chair to sign.
5.9(Sitting as the Lake County Sanitation District Board of Directors) (a) Waive the competitive bidding process, pursuant to Lake County Code Section 2-38.2, based on the unique nature of the goods or services precludes competitive bidding; (b) Authorize Special Districts Administrator/Assistant Purchasing Agent to issue a purchase order not to exceed $126,000 to Bogie’s Pump Systems for the purchase of a Fairbanks Morse 350 HP pump for Lift Station #1.
Action Item
passed on consent
Staff memo
Executive Summary
(include fiscal and staffing impact narrative):
The existing 350 HP pump inside Lift Station #1, which pumps raw sewage from a portion of Clearlake to the Southeast Treatment Plant, is at the end of its useful life and has been pulled and sent in for repairs.
Once the pump was pulled, dismantled, and assessed it was found that the cost to order replacement parts to repair the pump is greater and more time consuming than the cost of ordering a replacement pump of the same make/model.
Our staff has made several attempt at obtaining quotes from additional vendors, however, Bogie's Pump Systems is the authorized regional distributor for our area. Repairing the existing pump does not make economic sense, and ordering the replacement from an east coast distributor with additional shipping costs is not practical either. Staff respectfully requests your Board approve the purchase order for the Fairbanks Morse 350 HP pump for Lift Station #1 from Bogie's Pump Systems.
Which exemption is being requested? N/A
How long has Agreement been in place? N/A
When was purchase last rebid? N/A
Reason for request to waive bid? Based on the Unique Nature of good or services
Recommended Action
(a) Waive the competitive bidding process, pursuant to Lake County Code Section 2-38.2, based on the unique nature of the goods or services precludes competitive bidding; and (b) Authorize Special Districts Administrator/Assistant Purchasing Agent to issue a purchase order not to exceed $126,000 to Bogie's Pump Systems for the purchase of a Fairbanks Morse 350 HP pump for Lift Station #1.
| Estimated Cost | $125,550.79 |
|---|---|
| Amount Budgeted | $125,550.79 |
| Additional Requested | 0 |
| Future Annual Cost | 0 |
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Supervisor Crandall, Chair, Lake County Board of Supervisors
From: Scott Harter, Special Districts Administrator
Jesus Salmeron, Special Districts Deputy Administrator- Fiscal
Subject: (Sitting as the Lake County Sanitation District Board of Directors) (a) Waive the competitive bidding process, pursuant to Lake County Code Section 2-38.2, based on the unique nature of the goods or services precludes competitive bidding; (b) Authorize Special Districts Administrator/Assistant Purchasing Agent to issue a purchase order not to exceed $126,000 to Bogie's Pump Systems for the purchase of a Fairbanks Morse 350 HP pump for Lift Station #1.
Executive Summary: (include fiscal and staffing impact narrative):
The existing 350 HP pump inside Lift Station #1, which pumps raw sewage from a portion of Clearlake to the Southeast Treatment Plant, is at the end of its useful life and has been pulled and sent in for repairs.
Once the pump was pulled, dismantled, and assessed it was found that the cost to order replacement parts to repair the pump is greater and more time consuming than the cost of ordering a replacement pump of the same make/model.
Our staff has made several attempt at obtaining quotes from additional vendors, however, Bogie's Pump Systems is the authorized regional distributor for our area. Repairing the existing pump does not make economic sense, and ordering the replacement from an east coast distributor with additional shipping costs is not practical either. Staff respectfully requests your Board approve the purchase order for the Fairbanks Morse 350 HP pump for Lift Station #1 from Bogie's Pump Systems.
If not budgeted, fill in the blanks below only:
Estimated Cost: $125,550.79 Amount Budgeted: $125,550.79 Additional Requested: 0 Future Annual Cost: 0
Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☒ Public Safety ☒ Infrastructure ☐ Technology Upgrades
☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings
If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below:
Which exemption is being requested? N/A
How long has Agreement been in place? N/A
When was purchase last rebid? N/A
Reason for request to waive bid? Based on the Unique Nature of good or services
Recommended Action:
(a) Waive the competitive bidding process, pursuant to Lake County Code Section 2-38.2, based on the unique nature of the goods or services precludes competitive bidding; and (b) Authorize Special Districts Administrator/Assistant Purchasing Agent to issue a purchase order not to exceed $126,000 to Bogie's Pump Systems for the purchase of a Fairbanks Morse 350 HP pump for Lift Station #1.
5.10Adopt Resolution Authorizing the County of Lake Water Resources Director to apply for, accept, and execute Prop 68 state grant funds for improving waterways, administered by the California Natural Resources Agency: to conduct countywide community trash cleanup events and improve Illicit Discharge Detection Elimination(IDDE)/ Spill Response Planning
Resolution
passed on consent
Staff memo
Executive Summary
Staff is requesting the Board of Supervisors, acting as the Board of the Watershed Protection District, authorize the Water Resources Director to apply for, accept and execute Prop 68 state grant funds for improving waterway, and administered by the CA Natural Resources Agency. This item is not expected to be controversial; therefore we are requesting this item to be placed on the Consent Agenda.
These projects were approved for funding by the Blue Ribbon Committee for the Rehabilitation of Clear Lake but the Board has to approve the project information before contracts and agreements can be finalized by the State. This project will improve water quality by preventing pollution and excess nutrients from entering waterways through: coordination of 6-12 annual community clean up events, improved county wide tracking/spill response of illicit discharges, outreach, and education.
While these grants are bringing in $706,700.00 in CA State Prop 68 Grant Funds, as approved by the Blue Ribbon Committee, the Water Resource Department is also providing match to ensure execution and to meet grant shortfalls (i.e. fringe, overhead, etc.). The total in match being provided by the department for these grant funds is $300,000.00 and this amount is budgeted along with the grant funds to be reimbursed for a total of $1,006,700.00 through March 1st 2025.
Recommended Action
Adopt Resolution authorizing the County of Lake Water Resources Director to apply for, accept, and execute Prop 68 State Grant Funds, administered by the California Natural Resources Agency for improving waterways, to conduct countywide community trash cleanup events and improve Illicit Discharge Detection Elimination (IDDE)/ Spill Response Planning
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Scott De Leon, Water Resources Director
Subject: Adopt Resolution authorizing the County of Lake Water Resources Director to apply for, accept, and execute Prop 68 state grant funds for improving waterways, administered by the California Natural Resources Agency: to conduct countywide community trash cleanup events and improve Illicit Discharge Detection Elimination(IDDE)/ Spill Response Planning
Executive Summary:
Staff is requesting the Board of Supervisors, acting as the Board of the Watershed Protection District, authorize the Water Resources Director to apply for, accept and execute Prop 68 state grant funds for improving waterway, and administered by the CA Natural Resources Agency. This item is not expected to be controversial; therefore we are requesting this item to be placed on the Consent Agenda.
These projects were approved for funding by the Blue Ribbon Committee for the Rehabilitation of Clear Lake but the Board has to approve the project information before contracts and agreements can be finalized by the State. This project will improve water quality by preventing pollution and excess nutrients from entering waterways through: coordination of 6-12 annual community clean up events, improved county wide tracking/spill response of illicit discharges, outreach, and education.
While these grants are bringing in $706,700.00 in CA State Prop 68 Grant Funds, as approved by the Blue Ribbon Committee, the Water Resource Department is also providing match to ensure execution and to meet grant shortfalls (i.e. fringe, overhead, etc.). The total in match being provided by the department for these grant funds is $300,000.00 and this amount is budgeted along with the grant funds to be reimbursed for a total of $1,006,700.00 through March 1st 2025.
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 authorizing the County of Lake Water Resources Director to apply for, accept, and execute Prop 68 State Grant Funds, administered by the California Natural Resources Agency for improving waterways, to conduct countywide community trash cleanup events and improve Illicit Discharge Detection Elimination (IDDE)/ Spill Response Planning
5.11Adopt Resolution Authorizing Application for Grant Funds for the Abatement of Dilapidated Lakebed Structures
Resolution
passed 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
The Blue Ribbon Committee for the Rehabilitation of Clear Lake (BRC) recommends projects for funding to the California Natural Resources Agency (CNRA) which meet certain criteria to achieve their committee purpose.
The District proposed such a project (Abatement of Dilapidated Lakebed Structures) which satisfied the criteria of the BRC to meet their purpose. The BRC recommended the aforementioned project to the CNRA and they approved the project funding. Prior to entering a grant agreement, CNRA requires a resolution from the District governing body authorizing the application for grant funds.
Staff recommends the Lake County Board of Supervisors, serving as the Board of Directors of the Lake County Watershed Protection District sign the resolution authorizing the District to apply for grant funds with the California Natural Resources Agency (CNRA) through the Proposition 68 Specified River Parkways Grant in the amount of $250,000.00 for abatement of dilapidated lakebed structures and authorize the Director of the Water Resources Department to sign the grant agreement, authorize any future amendments, and sign invoices and reports for the Agreement..
Recommended Action
Board of Directors of the Lake County Watershed Protection District (District) sign the resolution authorizing the District to apply for grant funds with the California Natural Resources Agency (CNRA) in the amount of $250,000.00 for abatement of dilapidated lakebed structures.
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Board of Directors of the Lake County Watershed Protection District
From: Scott De Leon, Director and William Fox, Water Resources Program Coordinator
Subject: Adopt Resolution Authorizing Application for Grant Funds for the Abatement of Dilapidated Lakebed Structures
Executive Summary:
The Blue Ribbon Committee for the Rehabilitation of Clear Lake (BRC) recommends projects for funding to the California Natural Resources Agency (CNRA) which meet certain criteria to achieve their committee purpose.
The District proposed such a project (Abatement of Dilapidated Lakebed Structures) which satisfied the criteria of the BRC to meet their purpose. The BRC recommended the aforementioned project to the CNRA and they approved the project funding. Prior to entering a grant agreement, CNRA requires a resolution from the District governing body authorizing the application for grant funds.
Staff recommends the Lake County Board of Supervisors, serving as the Board of Directors of the Lake County Watershed Protection District sign the resolution authorizing the District to apply for grant funds with the California Natural Resources Agency (CNRA) through the Proposition 68 Specified River Parkways Grant in the amount of $250,000.00 for abatement of dilapidated lakebed structures and authorize the Director of the Water Resources Department to sign the grant agreement, authorize any future amendments, and sign invoices and reports for the Agreement..
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:
Board of Directors of the Lake County Watershed Protection District (District) sign the resolution authorizing the District to apply for grant funds with the California Natural Resources Agency (CNRA) in the amount of $250,000.00 for abatement of dilapidated lakebed structures.
On motion of Supervisor Scott, and by vote of the Board, approved Consent Agenda Items 5.1 through 5.11. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
6. Timed Items
6.19:05 A.M.-Lake County Animal Care and Control
6.29:06 A.M. - Public Input
Clerk’s notes: Public member B. Holiday spoke.
6.39:07 A.M. - Consideration of Resolution Proclaiming the Existence of a Local Emergency Due to Pervasive Tree Mortality
Report
Staff memo
Executive Summary
The California Department of Forestry and Fire Protection found that its aerial and group surveys in Napa and Lake County revealed widespread conifer mortality leaving trees vulnerable to insect attacks and fire damage. On March 28, 2022, Governor Newsom issued Executive Order No. 7-77, that states the ongoing drought will have significant immediate impacts on communities. In response, the Lake County Risk Reduction Authority created the Lake County Tree Mortality Task Force established to investigate and address the extensive tree mortality in the County caused primarily by wildfire, drought and insect damage.
The Lake County Tree Mortality Task Force members have attended several presentations from individuals with considerable expertise in both entomology and tree mortality, including Forest
Advisor Dr. Michael Jones, an entomologist from University of California Cooperative. The overriding message was that failure to actively address tree mortality could result in the potential loss or degradation of forest habitats and associated ecological impacts, including the impact of wildlife, water and soil. And as such, create dangerous wildfire conditions that also threaten the safety of persons and property and will likely extend beyond the capacity of public safety services, personnel, equipment, and facilities of this County.
This Resolution requests the following actions from Governor Newsom; 1) Proclaim a State of Emergency in Lake County and other afflicted areas of the State, 2) Seek designation of tree mortality areas within Lake County and other afflicted areas of the State under Section 8204 of the Agriculture Act of 2014 and seek additional Federal program support; and 3) Request a Presidential Declaration of Emergency or Major Disaster for this emergency.
Recommended Action
Adopt Resolution proclaiming the existence of a local emergency due to pervasive tree mortality and authorize Chair to sign.
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Jessica Pyska, Lake County Supervisor, District No. 5
Moke Simon, Lake County Supervisor, District No. 1
Subject: Consideration of Resolution Proclaiming the Existence of a Local Emergency Due to Pervasive Tree Mortality
Executive Summary:
The California Department of Forestry and Fire Protection found that its aerial and group surveys in Napa and Lake County revealed widespread conifer mortality leaving trees vulnerable to insect attacks and fire damage. On March 28, 2022, Governor Newsom issued Executive Order No. 7-77, that states the ongoing drought will have significant immediate impacts on communities. In response, the Lake County Risk Reduction Authority created the Lake County Tree Mortality Task Force established to investigate and address the extensive tree mortality in the County caused primarily by wildfire, drought and insect damage.
The Lake County Tree Mortality Task Force members have attended several presentations from individuals with considerable expertise in both entomology and tree mortality, including Forest
Advisor Dr. Michael Jones, an entomologist from University of California Cooperative. The overriding message was that failure to actively address tree mortality could result in the potential loss or degradation of forest habitats and associated ecological impacts, including the impact of wildlife, water and soil. And as such, create dangerous wildfire conditions that also threaten the safety of persons and property and will likely extend beyond the capacity of public safety services, personnel, equipment, and facilities of this County.
This Resolution requests the following actions from Governor Newsom; 1) Proclaim a State of Emergency in Lake County and other afflicted areas of the State, 2) Seek designation of tree mortality areas within Lake County and other afflicted areas of the State under Section 8204 of the Agriculture Act of 2014 and seek additional Federal program support; and 3) Request a Presidential Declaration of Emergency or Major Disaster for this emergency.
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 proclaiming the existence of a local emergency due to pervasive tree mortality and authorize Chair to sign.
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: Dr. Michael Jones presented the item to the Board. Supervisor Pyska presented a PowerPoint Presentation to the Board.
Chair Crandell asked if anyone present wished to speak and the following person present in the Board of Supervisors Chambers spoke: Magdalena Valderama, Justine Snyder, Jim Cominsky, Mike Schafer, Elliot Hurwitz, Tom Mickson, Bill Rudy, Liz Black, Bryer Obrien, Mariette Peters, Kathy Andre, Cindy Jussar, Christopher Nettles, John Milger, Polly Ann Johnson, Trudy Wayfield, Winn Carey. The following people spoke via Zoom: Tom Slaight, April Marie, Betsy Cawn, Bart Levenson, Patty Lanier. No one else wished to speak and the public input portion of this item was closed.
6.49:20 A.M. - Consideration of Acceptance of the March 31, 2022 Report of Lake County Pooled Investments
Report
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
Last year, your Board directed staff to conduct a Request for Proposals for Investment Management & Advisory Services. Chandler Asset Management (Chandler) was selected and provided the technical expertise necessary to update the County's investment policy and strategy approved by your Board. Chandler then began actively managing the County's funds in September, and previously provided the first quarterly report of the County's pooled investments on February 8, 2022.
The reporting materials will provide an overall economic update, as well as reporting information on the County's holdings, both those under the investment portfolio as well as consolidated reporting. A representative from Chandler is in attendance to present the materials.
Staff recommends your Board accept this report.
Recommended Action
Accept March 31, 2022 Report of Lake County Pooled Investments.
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Susan Parker, Interim County Administrative Officer
Subject: Consideration of Acceptance of the March 31, 2022 Report of Lake County Pooled Investments
Executive Summary:
Last year, your Board directed staff to conduct a Request for Proposals for Investment Management & Advisory Services. Chandler Asset Management (Chandler) was selected and provided the technical expertise necessary to update the County's investment policy and strategy approved by your Board. Chandler then began actively managing the County's funds in September, and previously provided the first quarterly report of the County's pooled investments on February 8, 2022.
The reporting materials will provide an overall economic update, as well as reporting information on the County's holdings, both those under the investment portfolio as well as consolidated reporting. A representative from Chandler is in attendance to present the materials.
Staff recommends your Board accept this report.
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: Accept March 31, 2022 Report of Lake County Pooled Investments.
On motion of Supervisor Sabatier, and by vote of the Board, approved to accept March 31, 2022 Report of Lake County Pooled Investments. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
Clerk’s notes: Interim County Administrative Officer Susan Parker introduced the item to the Board. Tax Administrator Patrick Sullivan and Chandler Asset Management Representative Carlos Oblitas 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.
6.59:30 A.M. - Public Hearing on Account and Proposed Assessment for 2853 Merced St, Nice, CA, 95464
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
PROPERTY DESCRIPTION:
Property Owner: Pete William Siliznoff
Property Address: 2853 Merced St, Nice, CA, 95464
APN: 031-173-44
Zoning: R1
Property Description: Dilapidated single family residential dwelling
Supervisorial District: District 3
Exhibit A - Property Map
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 5/03/21, based on complaints received, a Notice was issued against the property for violation of the following Lake County Codes:
� Chapter 5, Article 1, Section 5-4A, 2019 California building code, Chapter 1, Section 116
� Chapter 5, Article 1, Section 5-4.1, 2018 International Property Maintenance Code Section 108.1
� Chapter 13, Article I, Section 13-3.1, Subsection (e) (4)
� Chapter 13, Article I, Section 13-3.1, Subsection (e) (5)
� Chapter 13, Article I, Section 13-3.1, Subsection (e) (7)
� Chapter 13, Article I, Section 13-3.1, Subsection (e) (8)
Exhibit B - Site Photos
The property owner reflected on title is Pete William Siliznoff and was previously notified of the violations in the Notice of Nuisance and Order to Abate dated 5/03/21 and on 10/26/21. All notices have been posted on the on/at the subject property, sent by certified mail or first class mail to the owner(s) address of record. The Notice of Nuisance and Order to Abate informed the property owner and/or occupant of their opportunity to request a hearing before the Board of Supervisors to show any cause why conditions should not be abated. No such request has been made.
The property has been tax default since 2009 and accrued over $27,600. Lake County currently has power to sell over this property.
The property owner and/or occupant have refused compliance by not removing garbage, rubbish, and refuse from the property as previously instructed to do so.
Contractor Quotes:
Code Enforcement requested quotes from those contractors registered with the County. The following quote(s) were received:
* Leonard's Hauling - $1,650
* Cook Construction - $1,800
Exhibit C - Contractor Quotes
Abatement:
Warrant issued. On March 17, 2022 a warrant was posted on the property at approximately 9:45 a.m. On March 22, 2022 work was started by county contractor Leonard's Hauling.
On March 23, 2022, compliance with the LCC was attained, through the removal of the garbage, rubbish, refuse, 2 mattresses, a sink, seven (7) tires, and a few house hold appliances.
The final cost of the abatement totaled to be $1,464.93
Exhibit D - Abatement Photos
Administrative Costs: totaled to be $680.68
Exhibit E - Task Sheet
Recommended Action
Staff recommends the Board of Supervisors confirm the assessment of $2,145.61, and direct staff to Record a Notice of Lien against the property. After recordation, it shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments. The cost of abatement services are $1,464.93. The administrative costs on this case amounted to $680.68.
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Norman Valdez, Code Enforcement Officer
Subject: Hearing on Account and Proposed Assessment for 2853 Merced St, Nice, CA, 95464
Executive Summary:
PROPERTY DESCRIPTION:
Property Owner: Pete William Siliznoff
Property Address: 2853 Merced St, Nice, CA, 95464
APN: 031-173-44
Zoning: R1
Property Description: Dilapidated single family residential dwelling
Supervisorial District: District 3
Exhibit A - Property Map
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 5/03/21, based on complaints received, a Notice was issued against the property for violation of the following Lake County Codes:
� Chapter 5, Article 1, Section 5-4A, 2019 California building code, Chapter 1, Section 116
� Chapter 5, Article 1, Section 5-4.1, 2018 International Property Maintenance Code Section 108.1
� Chapter 13, Article I, Section 13-3.1, Subsection (e) (4)
� Chapter 13, Article I, Section 13-3.1, Subsection (e) (5)
� Chapter 13, Article I, Section 13-3.1, Subsection (e) (7)
� Chapter 13, Article I, Section 13-3.1, Subsection (e) (8)
Exhibit B - Site Photos
The property owner reflected on title is Pete William Siliznoff and was previously notified of the violations in the Notice of Nuisance and Order to Abate dated 5/03/21 and on 10/26/21. All notices have been posted on the on/at the subject property, sent by certified mail or first class mail to the owner(s) address of record. The Notice of Nuisance and Order to Abate informed the property owner and/or occupant of their opportunity to request a hearing before the Board of Supervisors to show any cause why conditions should not be abated. No such request has been made.
The property has been tax default since 2009 and accrued over $27,600. Lake County currently has power to sell over this property.
The property owner and/or occupant have refused compliance by not removing garbage, rubbish, and refuse from the property as previously instructed to do so.
Contractor Quotes:
Code Enforcement requested quotes from those contractors registered with the County. The following quote(s) were received:
* Leonard's Hauling - $1,650
* Cook Construction - $1,800
Exhibit C - Contractor Quotes
Abatement:
Warrant issued. On March 17, 2022 a warrant was posted on the property at approximately 9:45 a.m. On March 22, 2022 work was started by county contractor Leonard's Hauling.
On March 23, 2022, compliance with the LCC was attained, through the removal of the garbage, rubbish, refuse, 2 mattresses, a sink, seven (7) tires, and a few house hold appliances.
The final cost of the abatement totaled to be $1,464.93
Exhibit D - Abatement Photos
Administrative Costs: totaled to be $680.68
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 and/or Fiscal Crisis Management Plan (check all that apply): ☐ Not applicable
☒ Well-being of Residents ☒ Public Safety ☐ Infrastructure ☐ Technology Upgrades
☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings
If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below:
Which exemption is being requested?
How long has Agreement been in place?
When was purchase last rebid?
Reason for request to waive bid?
Recommended Action:
Staff recommends the Board of Supervisors confirm the assessment of $2,145.61, and direct staff to Record a Notice of Lien against the property. After recordation, it shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments. The cost of abatement services are $1,464.93. The administrative costs on this case amounted to $680.68.
On motion of Supervisor Sabatier, and by vote of the Board, confirmed the assessment of $2,145.61, and directed staff to Record a Notice of Lien against the property. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
Clerk’s notes: All members to the hearing were sworn in by the Clerk. Code Enforcement Manager Marcus Beltramo introduced the item to the Board. Code Enforcement Officer Joey Valdez presented a PowerPoint Presentation 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 portion of this item was closed.
6.69:45 A.M. - (Continued from May 3, 2022) - 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 4-1 — moved by Sabatier
Crandell: aye Pyska: aye Sabatier: aye Scott: nay Simon: aye
Crandell: aye Pyska: aye Sabatier: aye Scott: nay 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: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Mary Darby, Community Development Director
Subject: 9:45 A.M. (Continued from May 3, 2022) 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, granted the appeal due to the inadequate confidence in the environmental review and its cumulative impacts to the environment and the conclusion that UP19-36 will have a significant impact to the environment. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Sabatier, Pyska and Crandell
Nays- Supervisor: 1 - Scott
There was Board Consensus to direct County Counsel to prepare findings.
Clerk’s notes: All members to the hearing were sworn in by the Clerk. Principal Planner Michael McGuinness presented a PowerPoint Presentation to the Board. Lake County Biologist Janice Luke, Appellant Dave Hughes, Brandy Case, Barbara Christwitz, Nick Lavakas, David Golsby, Richard Knoll, Applicant Brian Pensack, Alan Flora, Brad Johnson, and Annje Dodd spoke. Vicki Crystal read a letter from Cheryl Sullivan.
Chair Crandell asked if anyone present wished to speak and the following people present in the Board of Supervisors Chambers spoke: Mike Mitzel. Garrett Burdick read a letter from Bobby Dutcher. The following person spoke via Zoom: Sara. 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 Confidential Recruitment of Chief Administrative Officer Protocol and Summary
Action Item
Motion carried · 3 motions
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
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
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
As directed by the Board of Supervisors on Tuesday, April 26, 2022. Listed below is an outline for the confidential Chief Administrative Officer (CAO) recruitment Protocol, a summary of the CAO recruitment, and the next steps in the recruitment process, including further discussion to gather consensus with the Board on the vision and expectations for the permanent CAO position.
Confidential COA Recruitment Protocol
The CAO recruitment will be coordinated by the Human Resources (HR) Director. The HR Director will confer directly with the Board Chair for this recruitment.
This recruitment will be confidential and will not be discussed with any member of the County Administrators Office, with the following exceptions:
1. Notification of a qualified CAO candidate of interview selection, date, and time.
2. To agendize discussion with the Board regarding CAO recruitment.
3. To agendize and schedule close session interviews.
4. Notification of interview results as directed by the Board.
Recruitment Summary
> HR opened the CAO position as continuous recruitment on 3/28/2022.
> HR sent a PFQ to ten Executive Search Firms with a 4/21/2022 deadline. We will begin the selection process for the Executive Search Firm to conduct the CAO recruitment if needed, once we go through the first round of recruitment.
> First review cutoff date: 4/18/22.
> We received 636 hits and 14 applications.
> HR reviewed all applicants and determined that we have 5 qualified candidates.
> On April 26, 2022, I reviewed first-round results with Chair Crandell, and discussed the following options for the CAO interview process:
1. HR Director convenes and schedules CAO interview panel to interview and select the top 3 candidates to interview with the Board.
2. The Board interviews all the qualified candidates from the first review.
> On April 27, 2022, Chair Crandell, advised me that he would like the Board to interview all of the qualified candidates.
Next Steps and Discussion
> Discuss and gather Board consensus on vision and expectations new permanent CAO position.
> Schedule Board CAO interview date.
Recommended Action
1. Approve confidential Chief Administrative Officer recruitment protocol.
2. Gather Board consensus for vision and expectations new permanent CAO position.
3. Schedule Board CAO interview date.
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Pamela Samac, Human Resources Director
Subject: Confidential Recruitment of Chief Administrative Officer Protocol and Summary
Executive Summary:
As directed by the Board of Supervisors on Tuesday, April 26, 2022. Listed below is an outline for the confidential Chief Administrative Officer (CAO) recruitment Protocol, a summary of the CAO recruitment, and the next steps in the recruitment process, including further discussion to gather consensus with the Board on the vision and expectations for the permanent CAO position.
Confidential COA Recruitment Protocol
The CAO recruitment will be coordinated by the Human Resources (HR) Director. The HR Director will confer directly with the Board Chair for this recruitment.
This recruitment will be confidential and will not be discussed with any member of the County Administrators Office, with the following exceptions:
1. Notification of a qualified CAO candidate of interview selection, date, and time.
2. To agendize discussion with the Board regarding CAO recruitment.
3. To agendize and schedule close session interviews.
4. Notification of interview results as directed by the Board.
Recruitment Summary
> HR opened the CAO position as continuous recruitment on 3/28/2022.
> HR sent a PFQ to ten Executive Search Firms with a 4/21/2022 deadline. We will begin the selection process for the Executive Search Firm to conduct the CAO recruitment if needed, once we go through the first round of recruitment.
> First review cutoff date: 4/18/22.
> We received 636 hits and 14 applications.
> HR reviewed all applicants and determined that we have 5 qualified candidates.
> On April 26, 2022, I reviewed first-round results with Chair Crandell, and discussed the following options for the CAO interview process:
1. HR Director convenes and schedules CAO interview panel to interview and select the top 3 candidates to interview with the Board.
2. The Board interviews all the qualified candidates from the first review.
> On April 27, 2022, Chair Crandell, advised me that he would like the Board to interview all of the qualified candidates.
Next Steps and Discussion
> Discuss and gather Board consensus on vision and expectations new permanent CAO position.
> Schedule Board CAO interview date.
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:
1. Approve confidential Chief Administrative Officer recruitment protocol.
2. Gather Board consensus for vision and expectations new permanent CAO position.
3. Schedule Board CAO interview date.
There was Board Consensus to Approve Confidential Recruitment of Chief Administrative Officer Protocol and Summary.
On motion of Supervisor Sabatier, and by vote of the Board, approved addition of a Special Meeting on May 27, 2022 at 8:00 A.M. to the 2022 Board of Supervisors Meeting Calendar. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
On motion of Supervisor Sabatier, and by vote of the Board, rescinded the motion adding a Special Meeting on May 27, 2022 at 8:00 A.M. to the 2022 Board of Supervisors Meeting Calendar. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
On motion of Supervisor Sabatier, and by vote of the Board, approved addition of a Special Meeting on May 23, 2022 at 9:00 A.M. to the 2022 board of Supervisors Meeting Calendar. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
Clerk’s notes: Human Resources Director Pam Samac 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 portion of this item was closed.
7.3Consideration of Amendment to the County of Lake COVID-19 Public Health Emergency Worksite Protocol
Action Item
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
(include fiscal and staffing impact narrative):
Staff submits for your Board's consideration updates to the COVID-19 Emergency Worksite Protocol including:
1. Updated masking to remove masking requirement for child care settings and public transportation.
2. Added clarification on 10 day masking following close exposure and testing positive If employee is unable to wear a mask upon return to work for 10 days, they must quarantine for the full 10 days.
3. Updated the Addendum IIIa COVID Protocol Investigative Form and Instructions
to change contact in the Administration Office.
Recommended Action
Approve Amendment to the County of Lake COVID-19 Public Health Emergency Worksite Protocol
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Pam Samac, Human Resources Director
Subject: Consideration of Amendment to the County of Lake COVID-19 Public Health Emergency Worksite Protocol
Executive Summary: (include fiscal and staffing impact narrative):
Staff submits for your Board's consideration updates to the COVID-19 Emergency Worksite Protocol including:
1. Updated masking to remove masking requirement for child care settings and public transportation.
2. Added clarification on 10 day masking following close exposure and testing positive If employee is unable to wear a mask upon return to work for 10 days, they must quarantine for the full 10 days.
3. Updated the Addendum IIIa COVID Protocol Investigative Form and Instructions
to change contact in the Administration Office.
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 Amendment to the County of Lake COVID-19 Public Health Emergency Worksite Protocol
On motion of Supervisor Sabatier, and by vote of the Board, approved Amendment to the County of Lake COVID-19 Public Health Emergency Worksite Protocol. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
Clerk’s notes: Human Resources Director Pam Samac 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.
7.4Consideration of an Ordinance Establishing Chapter 31 of the Lake County Code for an Edible Food Recovery Program
Action Item
Motion carried · 2 motions
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
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
Last year staff presented to the Board of Supervisors a summary of the regulations which implement the State's Short-Lived Climate Pollutant Reduction Strategy (SB 1383). The regulations, which were adopted by CalRecycle, were designed to reduce statewide landfill disposal of organic waste and include requirements for organic waste recycling and surplus food recovery. Your board has already taken action to approve a rural jurisdiction waiver, which exempts the County from the requirements to provide organic waste collection services, perform organic waste capacity planning, and procure organic waste products.
The waiver does not, however, exempt the County from the requirement to establish an edible food recovery program. The state's goal through this component of the regulations is to help meet the statewide target of decreasing by 20% the amount of edible food that is currently wasted (i.e. sent to the landfill), and instead divert that edible food to people in need. To support that goal, the state requires the County's edible food recovery program to consist of the following:
1. Identify commercial edible food generators that are mandated to comply with the regulations
2. Educate all mandated food generators of the requirement to establish donor agreements with food recovery organizations
3. Monitor food donor compliance
4. Assess the county's food recovery capacity, and plan for additional capacity if it is determined to be insufficient
5. Establish an enforcement mechanism for the mandated food generators
Numbers 1 and 2 above have been completed, while 3 and 4 are in progress. For number 5, the County is required to adopt an edible food recovery ordinance, and by January 2024 begin enforcing the ordinance in response to violations, for commercial food generators who do not comply with the requirements of the program. What this equates to for Lake County businesses is approximately a dozen grocery stores that will be required to enter into a contract with a food recovery organization for the donation of edible food that otherwise would have been thrown away.
Earlier this year staff assembled an informal group of industry representatives to provide input for the establishment of Lake County's edible food recovery program ordinance. The representatives came from the three distinct groups noted in the state regulations: local jurisdictions, food donors, and food recovery organizations.
Recommended Action
If your Board wishes to approve the ordinance, staff recommends you offer the ordinance and have it read in title only and motion to advance the second reading of the ordinance to the May 10, 2022 Board of Supervisors meeting
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Lars Ewing, Public Services Director
Subject: Consideration of an Ordinance Establishing Chapter 31 of the Lake County Code for an Edible Food Recovery Program
Executive Summary: Last year staff presented to the Board of Supervisors a summary of the regulations which implement the State's Short-Lived Climate Pollutant Reduction Strategy (SB 1383). The regulations, which were adopted by CalRecycle, were designed to reduce statewide landfill disposal of organic waste and include requirements for organic waste recycling and surplus food recovery. Your board has already taken action to approve a rural jurisdiction waiver, which exempts the County from the requirements to provide organic waste collection services, perform organic waste capacity planning, and procure organic waste products.
The waiver does not, however, exempt the County from the requirement to establish an edible food recovery program. The state's goal through this component of the regulations is to help meet the statewide target of decreasing by 20% the amount of edible food that is currently wasted (i.e. sent to the landfill), and instead divert that edible food to people in need. To support that goal, the state requires the County's edible food recovery program to consist of the following:
1. Identify commercial edible food generators that are mandated to comply with the regulations
2. Educate all mandated food generators of the requirement to establish donor agreements with food recovery organizations
3. Monitor food donor compliance
4. Assess the county's food recovery capacity, and plan for additional capacity if it is determined to be insufficient
5. Establish an enforcement mechanism for the mandated food generators
Numbers 1 and 2 above have been completed, while 3 and 4 are in progress. For number 5, the County is required to adopt an edible food recovery ordinance, and by January 2024 begin enforcing the ordinance in response to violations, for commercial food generators who do not comply with the requirements of the program. What this equates to for Lake County businesses is approximately a dozen grocery stores that will be required to enter into a contract with a food recovery organization for the donation of edible food that otherwise would have been thrown away.
Earlier this year staff assembled an informal group of industry representatives to provide input for the establishment of Lake County's edible food recovery program ordinance. The representatives came from the three distinct groups noted in the state regulations: local jurisdictions, food donors, and food recovery organizations.
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:
If your Board wishes to approve the ordinance, staff recommends you offer the ordinance and have it read in title only and motion to advance the second reading of the ordinance to the May 10, 2022 Board of Supervisors meeting
On motion of Supervisor Scott, and by vote of the Board, waived the reading of the Ordinance to have it read in title only. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
On motion of Supervisor Scott, and by vote of the Board, advanced the second reading of the ordinance to the May 17, 2022 Board of Supervisors Meeting. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
Clerk’s notes: Public Services Director Lars Ewing 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 portion of this item was closed.
7.5Consideration of Presentation and Discussion by Watershed Protection District for the request to allocate $500,000 internal matching funds, over a period of six years, to support $1.9 Million in approved, and partially awarded, Blue Ribbon Committee Storm Water Project Grant Funds.
Action Item
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
The Watershed Protection District is requesting consideration of a presentation to the Lake County Board of Supervisors and to the Board of Directors of the Lake County Watershed Protection District. The presentation will outline a proposed request for matching funds for $500,000 through the fiscal years of 2022/2023 through 2027/2028 to coincide with the approval and award of a Blue Ribbon Committee (BRC) for the Rehabilitation of Clear Lake "Lake County Storm Water Infrastructure and Program Improvement" Grant Project.
The "Lake County Storm Water Infrastructure and Program Improvement Project" is supported by the Lake County Clean Water Program (representation from County, Watershed Protection District, City of Lakeport and City of Clearlake) and was approved for funding by the BRC on September 21, 2021. Storm water management and program upgrades are desperately needed as major storm water project plans and projects have not occurred in the County since 2008. Water within the Clear Lake basin flows from the landscape, over soils and buildings, through storm water infrastructure, and into Clear Lake, which is a major source of the County's drinking water (66%). The lake also provides valuable cultural value and sustenance to our local tribal communities and provides vital habitat for wildlife and fish, of which our water-based tourism economy is extremely reliant.
The project includes seven tasks that will jump-start storm water quality improvement, including a combination of planning, implementation and outreach / education activities:
The seven tasks, and their Blue Ribbon Committee Grant budget allotments are:
1. Project Administration ($180, 590)
2. Infrastructure Assessment and Improvement Planning ($322,425)
3. Storm Water Management Policy and Procedure Review and Improvement ($339,200)
4. Illicit Discharge & Detection Elimination (IDDE) Program Improvement and Trash Plan Implementation ($706,700)
5. Outreach and Education ($179,300)
Not included in tasks overhead / administrative / indirect costs 10% ($172,821)
Subtotal of BRC Award Funds: $1,901,036.00
Project total with $500,000 match: $2,401,036.00
Task 4, the IDDE and Trash Plan Implementation Project has been granted funds immediately from Prop68 funds, and is currently in contracting. The remainder of the projects will be approved through the State of California General Fund Budget in May 2023. Based on this schedule, we are asking for an initial $100,000 of this match to be dispensed for the 2023/2024 fiscal year, with additional $100,000 allocated and allotted for each of the following years until 2027/2028. In this final year, it's expected that the Blue Ribbon Committee funds will have since expired, however the intent of these projects is to jump-start the rehabilitation of Storm Water programming in Lake County, and the last year of matching funds are needed to; complete any remaining tasks, solidify any additional funds or grants needed for next steps, and to support staff through the transition of the expiration of funds.
Between 2022/2023 to 2027/2028 matching funds will be used:
* To ensure project continuity
* Contribute to overhead and fringe not included in the grant agreement 10% allocated indirect costs
* Unforeseen internal (i.e. labor, staff time) and external (i.e. contractor costs) costs needed to complete the project
* Extra monitoring as needed to evaluate project success or as emergencies arise (i.e. post-fire, post flood, structural failures)
* Apply for any related storm water grants or funding opportunities that would enhance, extend, continue, maintain, or improve tasks within the project or related
* Costs to comply with storm water mandates, state orders or permit requirements
* Additional coordinating costs among Clean Water Program Co-Permittees (Lakeport, Clearlake), Blue Ribbon Committee, Project Partners, and any associated agreement costs.
We anticipate these matching funds to function on a "roll-over" basis, where unused funds in one fiscal year, can "roll-over" and be counted and used into the next fiscal year for the project tasks.
In addition to the gracious match, we are also kindly asking for $50,000 advance in matching funds to ensure programs and grants can start on time with current staff levels and to complete important equipment purchases. The Water Resource Department is not funded with county General Fund monies, and therefore relies heavily on grants and reimbursements to maintain solvency. Therefore $50,000 is requested immediately to provide for a seamless and timely transition to utilize these grant funds and initiate the project.
Discussion can follow the presentation and will include participation from Water Resources and Admin Staff, as needed.
Recommended Action
Presentation and Discussion. Consider direction to staff, as needed.
| Estimated Cost | $500,000 |
|---|---|
| Amount Budgeted | $500,000 |
| Future Annual Cost | $100,000 |
Original memo text
Memorandum
Date: May 10, 2022
To: The Honorable Lake County Board of Supervisors
From: Marina Deligiannis, Deputy Water Resources Department Director and Angela De Palma-Dow, Program Coordinator
Subject: Consideration of Presentation and Discussion by Watershed Protection District for the request to allocate $500,000 matching funds, over a period of six years, to support $1.9 Million in approved, and partially awarded, Blue Ribbon Committee Storm Water Project Grant Funds.
Executive Summary:
The Watershed Protection District is requesting consideration of a presentation to the Lake County Board of Supervisors and to the Board of Directors of the Lake County Watershed Protection District. The presentation will outline a proposed request for matching funds for $500,000 through the fiscal years of 2022/2023 through 2027/2028 to coincide with the approval and award of a Blue Ribbon Committee (BRC) for the Rehabilitation of Clear Lake "Lake County Storm Water Infrastructure and Program Improvement" Grant Project.
The "Lake County Storm Water Infrastructure and Program Improvement Project" is supported by the Lake County Clean Water Program (representation from County, Watershed Protection District, City of Lakeport and City of Clearlake) and was approved for funding by the BRC on September 21, 2021. Storm water management and program upgrades are desperately needed as major storm water project plans and projects have not occurred in the County since 2008. Water within the Clear Lake basin flows from the landscape, over soils and buildings, through storm water infrastructure, and into Clear Lake, which is a major source of the County's drinking water (66%). The lake also provides valuable cultural value and sustenance to our local tribal communities and provides vital habitat for wildlife and fish, of which our water-based tourism economy is extremely reliant.
The project includes seven tasks that will jump-start storm water quality improvement, including a combination of planning, implementation and outreach / education activities:
The seven tasks, and their Blue Ribbon Committee Grant budget allotments are:
1. Project Administration ($180, 590)
2. Infrastructure Assessment and Improvement Planning ($322,425)
3. Storm Water Management Policy and Procedure Review and Improvement ($339,200)
4. Illicit Discharge & Detection Elimination (IDDE) Program Improvement and Trash Plan Implementation ($706,700)
5. Outreach and Education ($179,300)
Not included in tasks overhead / administrative / indirect costs 10% ($172,821)
Subtotal of BRC Award Funds: $1,901,036.00
Project total with $500,000 match: $2,401,036.00
Task 4, the IDDE and Trash Plan Implementation Project has been granted funds immediately from Prop68 funds, and is currently in contracting. The remainder of the projects will be approved through the State of California General Fund Budget in May 2023. Based on this schedule, we are asking for an initial $100,000 of this match to be dispensed for the 2023/2024 fiscal year, with additional $100,000 allocated and allotted for each of the following years until 2027/2028. In this final year, it's expected that the Blue Ribbon Committee funds will have since expired, however the intent of these projects is to jump-start the rehabilitation of Storm Water programming in Lake County, and the last year of matching funds are needed to; complete any remaining tasks, solidify any additional funds or grants needed for next steps, and to support staff through the transition of the expiration of funds.
Between 2022/2023 to 2027/2028 matching funds will be used:
* To ensure project continuity
* Contribute to overhead and fringe not included in the grant agreement 10% allocated indirect costs
* Unforeseen internal (i.e. labor, staff time) and external (i.e. contractor costs) costs needed to complete the project
* Extra monitoring as needed to evaluate project success or as emergencies arise (i.e. post-fire, post flood, structural failures)
* Apply for any related storm water grants or funding opportunities that would enhance, extend, continue, maintain, or improve tasks within the project or related
* Costs to comply with storm water mandates, state orders or permit requirements
* Additional coordinating costs among Clean Water Program Co-Permittees (Lakeport, Clearlake), Blue Ribbon Committee, Project Partners, and any associated agreement costs.
We anticipate these matching funds to function on a "roll-over" basis, where unused funds in one fiscal year, can "roll-over" and be counted and used into the next fiscal year for the project tasks.
In addition to the gracious match, we are also kindly asking for $50,000 advance in matching funds to ensure programs and grants can start on time with current staff levels and to complete important equipment purchases. The Water Resource Department is not funded with county General Fund monies, and therefore relies heavily on grants and reimbursements to maintain solvency. Therefore $50,000 is requested immediately to provide for a seamless and timely transition to utilize these grant funds and initiate the project.
Discussion can follow the presentation and will include participation from Water Resources and Admin Staff, as needed.
If not budgeted, fill in the blanks below only:
Estimated Cost: _$500,000_ Amount Budgeted: $500,000_ Additional Requested: ________ Future Annual Cost: _$100,000__
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:
Presentation and Discussion. Consider direction to staff, as needed.
On motion of Supervisor Sabatier, and by vote of the Board approved request to allocate $500,000 of internal matching funds over a period of six years with an up front allocation of $50,000 now. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Sabatier, Scott, Pyska and Crandell
Clerk’s notes: Invasive Species Program Coordinator Angela DePalma-Dow presented a PowerPoint Presentation to the Board.
Chair Crandell asked if anyone present wished to speak and the following person spoke via Zoom: Betsy Cawn. No one else wished to speak and the public input portion of this item was closed.
8. Closed Session
8.1Public Employee Evaluation:
Title: County Counsel
Closed Session Item
8.2Public Employee Evaluation:
Title: Public Health Officer
Closed Session Item
8.3Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code section 54956.9(d)(1) – City of Clearlake v. County of Lake, et al.
Closed Session Item
Clerk’s notes: The Board reconvened into Regular Session at 5:58 p.m. having taken no action.