Board Of Supervisors — Tuesday, June 10, 2014

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Matt Perry, County Administrative Officer DATE: June 4, 2014 SUBJECT: Approve Termination of Maria Valadez as Interim Registrar of Voters effective June 9, 2014 EXECUTIVE SUMMARY: I have been advised that Registrar of Voters Diane Fridley has been released by her doctor to return to work on June 9, 2014. Therefore, it is appropriate to terminate the appointment of Maria Valadez as interim Registrar of Voters effective June 9, 2014. The Board may also want to express its appreciation to Ms. Valadez for successfully administering the recent election. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends your Board approve termination of the appointment of Maria Valadez as interim Registrar of Voters effective June 9, 2014 and authorize the Chair to send a letter to Ms. Valadez expressing your Board's appreciation for her service as interim Registrar of Voters during the last two months.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Francisco Rivero, Sheriff DATE: May 29, 2014 SUBJECT: Edward Byrne Memorial Justice Assistance Grant EXECUTIVE SUMMARY: The Lake County Sheriff's Office has been notified by the US Department of Justice that continued funding is available through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The following amounts have been received in prior years. FY2009/10 $21,745 FY2010/11 $20,913 FY2011-12 $15,577 FY2012/13 $14,497 FY2013/14 $13,652 FY2014/15 $15,246 The Sheriff's Office is proposing to continue to use this funding for the Special Victims/Vulnerable Persons program. The current grant has a two year grant cycle. These funds are not included in our FY2014/15 preliminary budget request. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION:

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Richard Coel, Community Development Director Prepared by: Michalyn DelValle, Senior Planner DATE: May 29, 2014 SUBJECT: Appeal of Planning Commission Approval of Major Use Permit for Dollar General Store, Nice; AB 14-02 APN's 032-262-30 and 31, Supervisorial District 3 EXHIBITS: A. Appeal Form B. Draft Planning Commission Minutes dated May 8, 2014 C. Planning Commission Staff Report Dated April 18, 2014 I. BACKGROUND The appellants are appealing the Planning Commission's May 8, 2014 approval of a Major Use Permit (UP 13-09) to allow construction of an approximately 9,100 square foot general retail store (Dollar General) at 3539 & 3577 State Highway 20, Nice. The appeal was filed by Avtar Singh, Jagtar Singh and Mohammad Sadiq regarding the economic impact the Dollar General in Nice may have on their businesses. None of the appellants attended the Planning Commission hearing or submitted comments or concerns by letter to the Commission. This is despite the fact that the project was circulated for review and comment to the Northshore Business Association when the use permit application was submitted. No comments were received from the Northshore Business Association. II. APPEAL DISCUSSION The appeal form (BOS Exhibit A) states that the appellants are three small business owners in Nice concerned about their struggling businesses closing if a new big business moves in to town, due to the small population in Nice and bad economy. The appellants businesses are the Nice Market, Marina Market and Tower Mart. The Marina Market and Tower Mart are primarily convenience stores with retail fuel sales. The Nice Market is a small grocery store that sells a number of items not carried by Dollar General, such as meats, fresh produce and beer and wine. These stores are all within 2,000 feet of each other. Dollar General sells a broad range of items, many of which are not carried by the appellant's stores. Additionally, the Dollar General Store is not considered a large store at 9,100 square feet. For comparison, the Tower Mart in Clearlake Oaks is approximately 8,000 square feet. The CVS Pharmacy in Lakeport and Rite Aid in Clearlake are both approximately twice the size of this proposed store. Staff contacted the project applicant and they indicated that the Dollar General store will employ seven to ten (7-10) employees on average. The operating hours will typically be 8:00 am-10:00 pm and approximately two to four (2-4) of the employees will have full time employment. Dollar General sells various types of products: cleaning, health, food, beauty, apparel, household, pet, toys, and office and school supplies. Staff feels that this project will provide increased opportunities for local residents to shop locally and help to reduce vehicle use and greenhouse gas emissions required to travel to other locations to obtain general retail services. The project is specifically consistent with GP Policy LU-4.1 encouraging the development of small neighborhood convenience facilities (that do not exceed 15,000 total square feet of floor space). The project is also consistent with the Upper Lake-Nice Area Plan which states that a high priority should be given to providing services and employment opportunities locally. Two residents that were non business owners spoke at the Planning Commission hearing in support of the project. They indicated that the job creation is needed. Additionally, a local business owner felt that the competition was healthy and was also in support of the project although he sells some of the same merchandise. ..Recommended Action III. RECOMMENDATION Staff recommends that the Board of Supervisors make a motion of intended decision to deny the appeal of UP 13-09 approved by the Planning Commission on May 8, 2014. Sample Motions: Appeal Denial I move that the Board of Supervisors make an intended decision to deny the appeal AB 14-02 of Planning Commission's adoption of a mitigated negative declaration and approval of Use Permit 13-09 for Cross Development, on behalf of Dollar General.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Matt Perry, County Administrative Officer By: Marisa Chilafoe, Emergency Services Manager DATE: May 30, 2014 SUBJECT: Continuing the Proclamation of Emergency Declaration for Drought Conditions EXECUTIVE SUMMARY: Background On March 4, 2014, your board proclaimed a state of local emergency due to ongoing drought conditions, and extended the proclamation on April 8, 2014, and again on May 13, 2014. Pursuant to State law, your Board is required to review the status of the declared emergency every 30 days. Although we experienced some rainfall this spring, annual rainfall levels remain well below average and drought conditions will continue due to the past several years of below average rainfall. The Governor's Office of Emergency Services ("Cal OES") continues to conduct weekly drought conference calls in order to monitor conditions statewide while Special Districts continues to monitor Lake County water table levels in several community water systems due to critically low levels. To further support efforts the County of Lake Office of Emergency Services has formed a local Drought Task Force to closely monitor the situation and coordinate the efforts of the County's response. The County remains prepared to seek State or Federal assistance should the need arise to address drought issues if conditions persist. Therefore, continuing the declaration of an emergency and maintaining a proactive approach will allow the County to qualify for funding that has been specifically set aside for drought relief purposes and minimize the drought's impact on Lake County. FISCAL IMPACT: _x_ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends your Board extend the Proclamation of a Declaration of a Local Emergency due to drought conditions.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Mark Dellinger, Special Districts Administrator Jan Coppinger, Special Districts Compliance Coordinator DATE: June 4, 2014 SUBJECT: Emergency Loan for Mt. Hannah, CSA#22 EXECUTIVE SUMMARY: Drought conditions have created a critical situation for Mt. Hannah Water System, CSA #22. The well level has dropped 73% since January 2013 and the recharge rate has declined. As of May 30, 2014, the level in the tank was dropping faster than the well could replenish. An urgent notice went out requesting all customers avoid using any non-essential water until the level could be restored. The well pumping schedule has been altered to allow the well to run and rest for greater periods. We do have a system in place to monitor for leaks and are confident this latest crisis is not due to any leaks in the system. The warmer temperature and declining well capacity have caused the water system to fail. The temperatures will continue to climb and this water system will not be able to continue to meet the minimum needs of this community for much longer. On June 3, 2014, California Department of Public Health provided verbal assurance that they will provide emergency grant funds to pay for a new well for this system. It will take approximately three weeks to receive the funding agreement from CDPH, and they have suggested that we proceed with getting the well drilled now and they will reimburses us for the costs. If the well fails completely before we can drill the new well, the cost of hauling water will exceed $80,000. Water trucks cannot reach the tank, so potable water tanks would need to be rented and set up prior to hauling the water. CDPH has stated that we can use their grant money to haul water or drill a new well but they cannot pay for both. We want to use the funds to drill as that is a long term solution and hauling water is more costly and short term. Quotes we have received to drill and test a new well are $50,000. We want to securing funds and get the well drilled before it fails completely. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: We are requesting an emergency loan to allow us to move forward with the well drilling while waiting on the formal funding agreement from CDPH. When applying for funds with CDPH, we received quotes from Weeks Drilling and McMullen Drilling. The prices were very close and per recommendations from CDPH, we will hire the driller that can begin work the soonest. If we could secure a $50,000 emergency loan to be repaid as soon as the CDPH grant funds are available, we are hopeful that we can get the new well drilled before the existing well fails. If we are not able to get a new well online we will incur much more costs. We are also requesting that Mark Dellinger be authorized to sign a contract with the well driller to begin this work.