Board Of Supervisors — Tuesday, August 25, 2015

..Title ..Body MEMORANDUM TO: The Honorable Members of the Lake County Board of Supervisors FROM: Don A. Anderson, District Attorney DATE: August 7, 2015 SUBJECT: Adopt a Resolution Authorizing the Grant Project - Lake County Victim-Witness Assistance Program EXECUTIVE SUMMARY: The California Office of Emergency Services has just released the application for the Victim-Witness Assistance Program Grant in the amount of $125,530. This is an annual, on-going grant that must be applied for annually and if awarded, this will mark the 29th. year that the Victim-Witness Division of the District Attorney's Office has received the grant. The grant period will run from July 1, 2015 through June 30, 2016 and pay for three full-time employees. FISCAL IMPACT: __ None _ X _Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): The Grant would mainly fund three full-time permanent positions. STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Adopt a Resolution Authorizing the Grant Project - Lake County Victim-Witness Assistance Program

..Title ..Body MEMORANDUM TO: The Honorable Members of the Lake County Board of Supervisors FROM: Don A. Anderson, District Attorney DATE: August 10, 2015 SUBJECT: Authorize the County of Lake to Accept Redbud Health Care District Grant Funds EXECUTIVE SUMMARY: In August, 2013 Redbud Health Care District provided grant funds to purchase an audio/visual forensic interview system for the Multidisciplinary Interview Center located at Victim-Witness, a Division of the District Attorney's Office. Victim-Witness conducts interviews on children from all over the county, including those from the City of Clearlake and other unincorporated areas within the Redbud Health Care District and directly meets the needs of the children and as such, is consistent with the vision of the Redbud Health Care District Program. An annual service fee is required for this equipment. Redbud Health Care District has offered to fund one more year of service, as described in the attached Grant Agreement, RFA 2016-005. The Office of the District Attorney is requesting the Board to authorize the Chair and the Clerk of the Board to accept the $1,796.99 in grant funds by signing the attached Grant Agreement. FISCAL IMPACT: __ None X __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): None STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Authorize the County of Lake to Accept Redbud Health Care District Grant Funds

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: August 14, 2015 SUBJECT: Adopt Resolution Urging the State to Provide New Sustainable Funding for State and Local Transportation Infrastructure EXECUTIVE SUMMARY: Over the next ten years California cities and counties face an estimated $78 billion shortfall to adequately maintain the existing network of local streets and roads in a basic state of good repair. Similarly, the state faces a $59 billion shortfall for the State Highway Operation and Protection Program (SHOPP). Statewide taxes and fees dedicated to the maintenance of these systems have not been increased in more than 20 years, with those revenues losing more than 55 percent of their purchasing power, all while costs to maintain the system have steadily increased and much of the underlying infrastructure has aged past its expected useful life. The proposed bill SB 1X-1 would create a road maintenance and rehabilitation program to generate an estimated $4.3 to $4.6 billion annually statewide to address the drastic need for maintenance on the state highway system and the local street and road system. The County of Lake maintains more than 510 centerline miles of paved local roads with an average Pavement Condition Index (PCI) of 40, which is in the "Poor" category. The road maintenance needs over the next ten years for these roads is estimated at $91 million. SB 1X-1 is estimated to generate $3.6 to $4.3 million per year for Lake County roads which is projected to increase Lake County's PCI to 70 within 10 years. The streets within the City of Clearlake and the City of Lakeport, as well as the state highways within Lake County, would all similarly benefit from SB 1X-1. Staff recommends the Board adopt the resolution urging the State to provide new sustainable funding for state and local transportation infrastructure and authorize the Chair to sign. 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 the Board adopt the resolution urging the State to provide new sustainable funding for state and local transportation infrastructure and authorize the Chair to sign.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, Social Services Director DATE: August 12, 2015 SUBJECT: Request for Approval of Advanced Step Salary Appointment Pursuant to Personnel Rule 1601.1 EXECUTIVE SUMMARY: After more than 25 years of experience in Child Welfare Services (CWS), Ms. Jones retired in November 2013 from her position here as Program Manager of our CWS division. As your Board is aware, we presently have a staffing shortage in CWS and in Adoptions and we are very fortunate that Ms. Jones has agreed to come back to work as an extra help Social Worker IV-CPS. Ms. Jones possesses extraordinary qualifications that far exceed what is required for SW IV-CPS. At this time, her expertise is needed to conduct mandated Adoption and Relative Home studies. I am requesting your approval to appoint Ms. Jones at Step 5 on the salary scale for Social Worker IV-CPS. I have consulted with the HR Director and she supports this request. FISCAL IMPACT: _X_ None _X_Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): There is no County Cost associated with this request. STAFFING IMPACT (if applicable): None RECOMMENDED ACTION: Approve request to appoint Ms. Jones at Step 5 on the salary scale for Social Worker IV-CPS. Thank you for your consideration. CC: Kathy Ferguson, Human Resources Director Kathy Maes, Deputy SS Director Kim Costa, Program Manager Patti Powell, Program Manager

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Mark Dellinger, Special Districts Administrator DATE: August 25, 2015 SUBJECT: Award of Bid No. 15-07, Seigler Creek Pipeline Replacement and Hitch Improvement Project, LACOSAN EXECUTIVE SUMMARY: On August 13, 2015 bids were received and publicly opened for the subject project. Lake County Sanitation District has a need to replace a section of pipeline which crosses Seigler Canyon Creek. The current pipeline is an older vitrified clay pipe and the concrete armoring protecting it has broken off in multiple locations. Additionally the creek has scoured the creek bed just downstream of the existing pipeline creating an impediment to the passage of Clearlake Hitch attempting to spawn upstream. Lake County Special Districts has partnered with the Water Resources Department and the Elem Indian Colony to secure additional funding for the construction of a fish ladder directly adjacent to the downstream side of the pipe crossing. This will allow the pipe to be replaced at its current elevation (necessary since it is a gravity line) and allow for the passage of fish upstream of the pipeline. The bid was structured with two bid schedules; one for the pipeline replacement and one for the construction of the fish ladder. Payment of the pipeline project and a small portion of the fish ladder project (site preparation and half of the site cleanup) will be with capital funds currently in the LACOSAN Southeast Regional area budget. There is $225,000 in budget unit 254-8354-783-61.69 to cover the District's portion of the cost of the project. The remainder of the project will be paid for with funds secured through the Bureau of Land Management and the Department of Fish and Wildlife. Six (6) bids were received: Bid 1: Pacific Underground Services $ 122,480.00 Bid 2: HD Excavating $ 137,580.00 Bid 3: REGE Construction $ 146,372.00 Bid 4: Gregory Equipment, Inc. $ 161,227.00 Bid 5: DanBush Company, Inc. $ 176,763.48 Bid 6: Granite Construction Company $ 179,463.00 The department has determined that the bid quoted by Pacific Underground Services meets all specifications required of the bidder. Any questions can be directed to Mark Dellinger or Scott Harter at 263-0119. ..Recommended Action RECOMMENDED ACTION: Staff recommends that the Board approve the Bid from Pacific Underground Services and authorize the Special Districts Administrator / Assistant Purchasing Agent to issue a Notice of Award and execute the contract in the amount of $122,480.00.

..Title ..Body MEMORANDUM TO: Board of Supervisors on Behalf of CSA 2 Spring Valley Water FROM: Mark Dellinger, Administrator DATE: August 12, 2015 SUBJECT: Engineering Services Agreement For Spring Valley Water Distribution System Upgrades EXECUTIVE SUMMARY: BACKGROUND Special Districts received grant funding from the Department of Water Resources (DWR) for the Spring Valley Pipeline Water Loss Minimization Project. This will allow for the replacement of approximately 13,000 lineal feet of water main pipe in the distribution system. This requires design engineering, surveying and construction inspection services. A request for proposals was sent out to local engineering firms earlier this summer. A Consultant Selection Board was convened to consider proposals. The CSB included representation from the CSA 2 Advisory Board, Department of Public Works, Administration, and Special Districts. Only one proposal was submitted, by Ruzicka Associates. The CSB concluded that it would be appropriate to negotiate the terms of an engineering services agreement with this firm. CONTRACT To reduce costs to an acceptable level, several tasks will be deleted from Ruzicka's work scope and those items will be completed by Special Districts staff. The revised contract price is $148,900 and includes surveying for easement acquisition and pipeline design, complete design of the pipeline and appurtenances, bid phase assistance, specialized construction inspection services, and preparation of record drawings. Funds for this cost are available in Budget Unit 8462, 63.04-Construction in Progress. Staff recommends approval. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $148,900 Amount Budgeted: $148,900 Additional Requested: Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): See above STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: Staff recommends the Board of Supervisors on behalf of CSA 2 Spring Valley Water approve the engineering services agreement with Ruzicka Associates for the Spring Valley Water Distribution System Upgrade Project in the amount of $148,900, and authorize the Chair to sign. Questions regarding this matter should be addressed to Mark Dellinger.

..Title ..Body MEMORANDUM TO: Anthony Farrington, Chairman, Board of Supervisor FROM: Brian L. Martin, Sheriff/Coroner DATE: August 20, 2015 SUBJECT: Adoption of Resolution Amending Resolution No. 2015-84 Establishing a New Classification and Position Allocation to Conform with the Recommended Budget for Fiscal Year 2015-16 Budget Unit 2201, Sheriff/Coroner EXECUTIVE SUMMARY: With the approval of the County Administrative Officer, the Human Resources Director and through Meet and Confer with the Associations, the Sheriff's Department respectfully requests your Board's approval of the modification of the position allocation in Budget Unit 2201 for fiscal year 2015-16. The proposed modification would add an allocation for up to five (5) full time Deputy Sheriff Trainee positions. The new allocation will allow us to fill these positions and to provide a training opportunity for employees desiring to become law enforcement officers. This will give employees the opportunity to attend the POST basic peace officer academy and upon graduation, promote to the position of Deputy Sheriff. Staff recommends that the Board adopt the Resolution Amending Resolution No. 2015-84 Establishing a New Classification and Position Allocation to Conform with the Recommended Budget for Fiscal Year 2015-16 Budget Unit 2201, Sheriff/Coroner FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): No changes to our current budget are being requested. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends that the Board adopt the Resolution Amending Resolution No. 2015-84 Establishing a New Classification and Position Allocation to Conform with the Recommended Budget for Fiscal Year 2015-16 Budget Unit 2201, Sheriff/Coroner and authorize the Chair to sign.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Water Resources Director DATE: August 12, 2015 SUBJECT: Consideration of Appeal of an Administrative Citation for William O Showalter III EXECUTIVE SUMMARY: On June 19th 2012, your Board enacted Ordinance 2976 which established the Administrative Citation process for boaters found in violation of the County's Quagga Mussel Prevention Program. Under this ordinance, the enforcement officers have the option of citing a violation using an Administrative Citation instead of a Criminal Citation. For a first offense, the fine is $100; however the individual receiving the violation has the option to appeal the fine to your Board and today's item is a hearing for a citation appeal. I have provided a short summary of the case and I anticipate that the Appellant or a representative will be available to present their argument. It is important to note that in accordance with Section 63.7(b) of Ordinance 2976, in consideration of the appeal that your Board only considers evidence that is relevant to the following: a) Whether or not the violation occurred; b) Whether or not the responsible party caused or maintained the violation on the date specified in the citation; c) The amount of the fine imposed; William O Showalter III Mr. Showalter was cited by a Lake County Sheriff Boat Patrol officer on July 26, 2015. He was cited for violation of County Code 15.63 - Failure to display a current Lake County Quagga Mussel sticker. According to the appeal paperwork, Mr. Showalter claims that when he purchased the Lake County Quagga Mussel sticker in 2013 he was told that the sticker was valid for two (2) years. He also claims that subsequent to his purchase of the sticker the law was changed that made them an annual requirement and he was not notified of the change. Staff's Argument: The Lake County Mussel Prevention Program has been selling annual stickers since 2011. The screening location where Mr. Showalter purchased his stickers has been a valuable screening participant since 2008, and they are routinely one of our top producing vendors. They are well trained and aware of the County sticker requirements and it would be completely out of character for them to provide misinformation about the program. Furthermore, even if the stickers were valid for two years, a sticker purchased in 2013 would have expired at the end of the calendar year in 2014 and Mr. Showalter's boat would have been out of compliance regardless. Recommendation Only the Board of Supervisors can grant an appeal to the Administrative Citation, and in the granting of that appeal you must consider evidence relevant to Section 63.7(b). Mr. Showalter has provided no evidence to dispute that: 1) the violation occurred, and 2) that he was the responsible party at the time of the violation. In fact, Mr. Showalter was identified as the owner and operator of the vessel in the Sheriff Deputy's Incident Report (attached). In the absence of any compelling evidence as required, staff recommends that you deny the appeal. 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: Only the Board of Supervisors can grant an appeal to the Administrative Citation, and in the granting of that appeal you must consider evidence relevant to Section 63.7(b). Mr. Showalter has provided no evidence to dispute that: 1) the violation occurred, and 2) that he was the responsible party at the time of the violation. In fact, Mr. Showalter was identified as the owner and operator of the vessel in the Sheriff Deputy's Incident Report (attached). In the absence of any compelling evidence as required, staff recommends that you deny the appeal.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Richard Coel, Community Development Director Mireya G. Turner, Assistant Planner DATE: August 18, 2015 SUBJECT: County Initiated General Plan Amendment (GPAP 14-02) & Rezone (RZ 14-01) Supervisorial District 3 EXHIBITS: A. Vicinity Map B. Planning Commission Staff Report dated September 24, 2014 C. Excerpt from Planning Commission Minutes, October 9, 2014 D. Exhibit "A" Rezone Map E. Exhibit "A" General Plan Map F. Proposed Rezone Ordinance G. Proposed General Plan Amendment Resolution I. PROJECT DESCRIPTION The Lake County Planning Commission and Community Development Department are recommending approval of a general plan amendment from Rural Residential to Low Density Residential and a rezone from "RR-SOS" to "R1" for the eastern portion of a property located at 3895 Sunset Terrace in Lucerne. The western half of the property is currently designated Low Density Residential and zoned "R1", and the entire property is located within the Community Growth Boundary established for Lucerne. This property is along the edge of, but within the Community Growth Boundary for Lucerne, which separates lots with access to basic infrastructure from those commonly referred to as paper lots. Staff believes that this lot should not have been zoned "RR-SOS" when the Shoreline Communities Area Plan was adopted in 2009, since it has access to public water service in addition to being within the Community Growth Boundary. In May of 2014 the current property owner applied for a Voluntary Merger (VM 14-09) to merge this lot along with three other adjacent lots and an abandoned portion of road right-of-way. The voluntary merger was completed and recorded on May 30, 2014. The resulting lot is now consistent with the minimum lot size requirements of the Low Density Residential land use designation and the minimum development standards of the "R1" Single-Family Residential zoning district. Staff believes that through the completion of the voluntary merger at this site the property is in compliance with the General Plan, Shoreline Communities Area Plan and Zoning Ordinance and the provisions of the "SOS" combining district are no longer necessary to ensure safe and compatible development of this property. The Planning Commission reviewed this proposal on October 8, 2014 and unanimously voted to recommend adoption of a negative declaration and approval of the general plan amendment and rezone to the Board of Supervisors. Due to the limitations on the number of general plan amendments that can be approved each year, staff has combined this application with one other general plan amendment and rezoning application, which has been scheduled for Board review and consideration following this proposal. Therefore, staff requests that your Board make a motion of intended decision to approve this general plan amendment and circle back to approve it after considering the proposal of Valley Oaks Planned Development. Sample Motion B, below, has been prepared accordingly. ..Recommended Action II. RECOMMENDATION The Planning Commission recommends that the Board of Supervisors take the following actions: A. Adopt a negative declaration for GPAP 14-02 and RZ 14-01 with the following findings: 1. This rezoning is consistent with the Lake County General Plan, Shoreline Communities Area Plan and Zoning Ordinance. 2. The uses permitted in the "R1" district are compatible with the surrounding land uses that are located within the Community growth Boundary. 3. This project will not result in the need for increased public services. 4. This rezoning will not result in any significant adverse environmental impact and a negative declaration has been recommended. B. Approve GPAP 14-02 for the following reasons: 1. This amendment is consistent with the Lake County General Plan, Shoreline Communities Area Plan and Zoning Ordinance. 2. The uses allowed in the Low Density Residential designation are compatible with existing land uses in the vicinity that are located within the Community Growth Boundary. 3. This project will not result in any significant adverse environmental impact, and a negative declaration has been recommended. C. Approve RZ 14-01 for the following reasons: 1. This rezoning is consistent with the Lake County General Plan, Shoreline Communities Area Plan and Zoning Ordinance. 2. The uses allowed in the "R1" are compatible with existing land uses in the vicinity that are within the Community Growth Boundary. 3. This project will not result in any significant adverse environmental impact, and a negative declaration has been recommended. Sample Motions: A. Proposed Negative Declaration I move that the Board of Supervisors find that on the basis of the Initial Study No. 14-24 prepared by the Planning Division that the General Plan Amendment and Rezone as applied for by the County of Lake will not have a significant effect on the environment and, therefore, a negative declaration shall be adopted with the findings set forth in the Board Memorandum dated August 18, 2015. B. General Plan Amendment Approval I move that the Board of Supervisors make a motion of intended decision to approve the general plan amendment for the County of Lake, and defer offering the resolution until after hearing the general plan amendment and rezone proposal of the Valley Oaks Planned Development (GPAP 06-02, RZ 04-23, GPD 06-01 and FEIR). C. Rezone Approval I move that the reading of the ordinance be waived and the title only be read. I offer the ordinance.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Matt Perry, County Administrative Officer DATE: August 18, 2015 SUBJECT: Resolution Designating Applicant's Agent for California Disaster Assistance Act Funding for the Wildland Fires EXECUTIVE SUMMARY: On July 29, 2015, the Rocky Fire ignited eventually leading to the burning of over 69,000 acres and destroying 43 homes and 53 outbuildings. On July 30, 2015, acting as Director of Emergency Services, I declared a local emergency. Due to the numerous wildfires across the state, including the Rocky Fire, Governor Brown issued a Proclamation of a State of Emergency on July 31, 2015. On August 9, 2015, the Jerusalem Fire ignited consuming over 25,000 acres and destroying 6 homes and 21 outbuildings (as of 8/21/15 was 97% contained). The State has secured a federal Fire Management Assistance Grant (FMAG) for the WIldland Fires which pays for 75% of eligible fire suppression costs. On August 4, 2015, I sent a letter to the Governor's Office of Emergency Services (Cal OES) requesting financial assistance under the California Disaster Assistance Act ("CDAA"). The CDAA pays for 75% of the remaining 25% of the fire suppression costs. Our request for CDAA also asked for 100% of certain recovery costs such as debris removal and temporary shelter of residents who lost their homes. Our request for CDAA funding is progressing through the State process and is expected to be granted. In anticipation of receiving the CDAA funding, staff has prepared a formal application for CDAA funds and a resolution designating certain county staff to sign the related documents. 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 adopt the Resolution Designating the Applicant's Agent for CDAA funds and subsequent submission of application to Cal OES.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Richard Coel, Community Development Director Prepared by: Michalyn DelValle, Senior Planner DATE: July 7, 2015 SUBJECT: Appeal of Planning Commission Denial of Major Use Permit for Dollar General Store, Kelseyville; AB 15-02 APN's 008-710-50 and 51 Supervisor District 5 EXHIBITS: A. Appeal Form B. Draft Planning Commission Minutes dated May 28, 2015 C. Planning Commission Staff Report Dated May 13, 2015 D. Proposed Modified UP 15-01 Conditions E. Public Comments Letters BACKGROUND The appellant is appealing the Planning Commission's May 28, 2015 unanimous denial of a Major Use Permit (UP 15-01) to permit construction of an approximately 9,100 square foot general retail store (Dollar General) at 4315 Douglas Street and 5505 Main Street, Kelseyville. The appeal was filed by the applicant, Cross Development citing that the project is in conformance with the Community Character of downtown Kelseyville. There was considerable controversy during the Planning Commission hearing. Approximately 10 members of the public spoke against the project citing various concerns, including character, economic concerns and impact to small local businesses, wrong location and traffic concerns for school children. Several letters were submitted by members of the public that also expressed these concerns, and a few letters expressed support of having a Dollar General store in Kelseyville. These letters are included as Exhibit E. The Planning Commission cited the following additional concerns with the proposed project: appropriateness of alcoholic beverage license; the Clearlake Oaks Dollar General store had not demonstrated a track record of giving back or being part of the community and had not reached out to the nearby school; concern that this store would not be a good neighbor; and, that its proximity to Kelseyville High School was not ideal. During the Planning Commission hearing staff presented several recommended modifications (BOS Exhibit D) to the project to address some of the compatibility concerns which included: * Requiring larger planted shrubs and trees * Reducing the amount of signage and prohibiting a freestanding sign * Providing additional pedestrian access * Reducing the amount of parking spaces * Limiting the hours of commercial truck deliveries * Extending enhanced architectural design around all sides of the building and completely screening roof-mounted equipment. These recommendations were presented as an attempt to bring the project more into conformance with the community character of Kelseyville. The Planning Commission denied the project on a 5-0 vote stating that: A. The site, located across from a high school, is not appropriate for this proposed project due to the high traffic and pedestrian volumes. B. The project, as designed is not compatible with the community character of Kelseyville. II. APPEAL DISCUSSION The appeal form submitted by Cross Development (BOS Exhibit A) states: "As the applicant on the above referenced project, Cross Development wishes to appeal the decision of the Lake County Planning Commission in regards to case# UP15-01. We believe that the Planning Commission's decision did not take in to account all of the facts outlined in the staff report, the findings outlined in the Initial Study (IS 15-03), and the conditions of approval placed on the project which, in our opinion, serve to address concerns raised and ensure that all impacts will be properly mitigated in accordance with applicable codes, regulations, and policies. We believe that the project will not negatively impact the high school in terms of traffic and pedestrian circulation and can, in fact, serve to promote a vibrant downtown in Kelseyville. Analysis has been submitted to Lake County demonstrating that traffic volumes associated with Dollar General will not unduly burden area roadways and access has been designed to Lake County standards to ensure conflicts with the High School will not result. Also, it is important to note that peak traffic hours associated with the school are different than that of Dollar General. As such, no pedestrian or traffic conflicts are anticipated. In terms of the Planning Commission's related to community character, Dollar General will be complementary to existing commercial businesses along Main Street. There are currently a variety of commercial uses and building styles located along Main Street. Dollar General is an appropriate use given the surrounding land use patterns and conditions included with the Major Use Permit further ensure compatibility." Staff had made several recommendations for modifications to the project design in an attempt to address concerns related to inconsistency with community character, to bring the project into conformance with the community of Kelseyville's design guidelines. Additionally, the Department of Public Works, during initial review of the project, did not request that a traffic study be conducted for this development as they believed it was not warranted. Most of the traffic related concerns expressed by members of the public and the Superintendent of the Kelseyville Unified School District were related to pedestrian traffic from the High School at this location. The current zoning of this project site is "C2", Community Commercial, with a land use designation of Community Commercial. This district allows for general retail stores as a use-by-right if the building does not exceed 5,000 square feet. Other uses that would be allowed by right on this parcel include restaurant, professional offices, bank or indoor entertainment of up to 5,000 square feet, or a small hotel. Because the proposed Dollar General store is larger, at 9,100 square feet, Section 19.5(a) of the Lake County Zoning Ordinance requires that approval of a major use permit be obtained. Therefore, staff believes that the focus of this appeal should be centered on project design (site layout and building architecture) and pedestrian traffic concerns. ..Recommended Action III. CONCLUSION / RECOMMENDATION The Planning Commission did not take any action on the proposed Mitigated Negative Declaration that was prepared for the project, since projects that are denied are not subject to CEQA. Should the Board of Supervisors decide to grant the appeal request to Cross Development, this project will need to be brought back to the Planning Commission for CEQA action, and presumably for amendments to the proposed use permit conditions to require project revisions addressing community character concerns. Sample Motions: Appeal Approval: I move that the Board of Supervisors make an intended decision to grant appeal AB 15-02 and overturn the Planning Commission's denial of Use Permit 15-01 applied for by Cross Development on behalf of Dollar General, on property located at 4315 Douglas Street and 5505 Main Street, Kelseyville, and direct County Counsel to prepare findings of fact before remanding the project back to the Planning Commission for completion of environmental review. Appeal Denial: I move that the Board of Supervisors make an intended decision to deny the appeal AB 15-02 and sustain the Planning Commission's denial of Use Permit 15-01 for Cross Development, on behalf of Dollar General, and direct County Counsel to prepare proposed findings of fact.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Matt Perry, County Administrative Officer Josh Jones, Deputy County Administrative Officer DATE: August 25, 2015 SUBJECT: (Continued from August 18, 2015) - Consideration of Agreement between the County of Lake and Andrew B. Brown of Ellison, Schneider & Harris L.L.P for Legal Services, amount not to exceed $30,000, and authorize the Chair to sign. EXECUTIVE SUMMARY: Based on direction given by the Board of Supervisors on August 18th, staff has revised the legal services agreement with Andrew B. Brown of Ellison, Schneider & Harris L.L.P. to include a legal analysis of and risk management strategies for key Community Choice Aggregation (CCA) issues, as well as advice and assistance with Lake County's Request for Proposals (RFP) to contract for commercially managed CCA services. Development and issuance of an RFP shall ensure that all capable and interested parties have the opportunity to compete for Lake County's business based on the RFP criteria set forth by the Board of Supervisors on August 18th. Staff will present the completed RFP to the Board of Supervisors prior to publication. This work shall not exceed $30,000 and these costs can be paid for with savings from other projects in the Special Projects Budget Unit 1781 until money for this contract is specifically appropriated in the final adopted budget in September. ..Recommended Action RECOMMENDED ACTION: Approve Agreement between the County of Lake and Andrew B. Brown of Ellison, Schneider & Harris L.L.P for Legal Services, amount not to exceed $30,000, and authorize the Chair to sign.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Richard Coel, Community Development Director Prepared by: Keith Gronendyke, Associate Planner DATE: July 17, 2015 SUBJECT: Valley Oaks Planned Development General Plan Amendment, Rezone and General Plan of Development; GPAP 06-02, RZ 04-23, GPD 06-01, FEIR Certified by Planning Commission on June 25, 2015 Supervisorial District 5 EXHIBITS: A. Planning Commission Staff Report dated June 25, 2015 B. Findings of Fact for Final EIR C. Excerpt from Draft Planning Commission Minutes D. Exhibit "A" Rezone Map E. Exhibit "A" General Plan Map F. Planning Commission Resolution 14-01 G. Proposed Rezone Ordinance H. Proposed Resolution PROJECT DESCRIPTION This project request is to amend the General Plan designation of two parcels adjoining the Hidden Valley Lake Subdivision from Agricultural to Low Density Residential, High Density Residential, Community Commercial and Resource Conservation and to rezone the said portion from "A", Agricultural to "PDR", "PDC" and "O"; Planned Development Residential, Planned Development Commercial and Open Space. The primary reason for this proposal is to facilitate the development of a large residential subdivision along with a commercial component to serve the subdivision along with the surrounding community. An additional entitlement with this application is a General Plan of Development to facilitate the proposed development as further detailed below. The proposed development consists of an approximately thirty acre community commercial village area, possibly including a mixed use component consisting of retail/commercial on the first floor with residential uses on the second floor, a medium density use having a concentration of up to fifteen units per acre, a two and one-half acre parcel proposed to be developed with a residential care facility, private and public open space and an age restricted (fifty-five and older) residential subdivision for up to 380 single family residences. Staff supports this General Plan Amendment, Rezone and General Plan of Development proposal as the project has the potential to provide much needed jobs, both short term during construction, and long term with the completion of the commercial components. As the greater bay area continues to expand and housing prices increase, more individuals will be looking towards Lake County for affordable housing, and with this development, retiring persons will be attracted to the Valley Oaks project for second homes or because of the proposed amenities of the site. As discussed in the Planning Commission staff report (attachment A) this project was found to be consistent with specific policies and objectives of the County of Lake's General Plan and the Middletown Area Plan. The purpose of this hearing is for the Board of Supervisors to consider the Valley Oaks Planned development, which is composed of a General Plan Amendment, Rezone and General Plan of Development. Before considering the components of the project, the Board must first consider the EIR for compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Final EIR consists of the DEIR; comments on the DEIR and responses to those comments; additional Traffic Data; Corrections and Additions to the DEIR; a Mitigation Monitoring and Reporting Program; and an errata section that contains recent comments along with revised mitigation measures for the project. The Planning Commission reviewed this proposal on June 25, 2015. At the Commission hearing there was limited opposition to the project voiced by two residents of the Hidden Valley Subdivision, mainly regarding traffic issues on State Route 29 and the need for increased public services as a result of the development. The Planning Commission voted three to zero to recommend adoption of a negative declaration and approval of the general plan amendment, rezone and general plan of development to the Board of Supervisors. Applicant/Owner: KIMCO Development, c/o Ken Porter, P O Box 7129 Santa Rosa CA, 95407 Location: 18196 and 18426 South State Highway 29, Middletown Existing Uses & Improvements: The site consists of 2 parcels comprising approximately 150 acres. The existing land uses consist of a private residence, stables used for the former Arabian horse ranch and cattle grazing. ..Recommended Action RECOMMENDATION 1. The EIR and the project are two distinct considerations. Before the Board of Supervisors decide whether to approve or deny the project, a determination should be made regarding the adequacy of the EIR. a. Certify that the Final EIR has been completed consistent with CEQA and its implementing Guidelines. b. Certify the final EIR pursuant to the Findings of Fact included as Attachment B of this memo. 2. The Planning Commission recommends the Board of Supervisors approve the project by taking the following actions: A. Approve the general plan amendment (GPA 06-02) for the Valley Oaks project, with the following findings: a. The general plan amendment, rezoning and general plan of development are consistent with the Lake County General Plan, the Middletown Area Plan and Zoning Ordinance. b. As modified, this project will be compatible with land use patterns in the vicinity, and will not result in any adverse land use impacts. c. An environmental impact report for this rezoning has been reviewed, considered and certified. B . Approve the rezone (RZ 04-23) for the Valley Oaks project, for the following reasons: a. This rezoning is consistent with the Lake County Zoning Ordinance, the Middletown Area Plan and General Plan. b. This rezoning will help ensure the economic, social and environmental quality of the property. c. The County of Lake has sought, received and relied on public comment in reviewing this rezoning. d. An environmental impact report for this rezoning has been reviewed, considered and certified. e. This rezoning is in the public interest and is necessary for the promotion of the general health, safety, convenience and welfare of the citizens of Lake County. f. This rezoning is consistent with the Lake County General Plan, the Middletown Area Plan and the Zoning Ordinance. g. The Planning Commission has reviewed and considered the environmental effects of, has certified an environmental impact report for this rezoning, and finds that the adverse environmental effects that cannot be mitigated are overridden by: i. The desirability of increased opportunities for employment in Lake County. ii. The desirability of increased opportunities for commerce in Lake County. iii. The desirability of providing additional passive and active recreational opportunities. iv. The desirability of and need for providing an adequate supply of safe housing for the citizens of Lake County. v. The orderly expansion and efficient utilization of public facilities and services and the provision of adequate housing sites. C. Approve general plan of development (GPD 06-01) for the Valley Oaks project, for the following reasons: a. The uses proposed by the general plan of development are consistent with the Lake County General Plan, the Middletown Area Plan and Zoning Ordinance. b. The uses proposed by the general plan of development are compatible with the existing land uses in the vicinity. c. The alternative design standards contained in a portion of attachment "A" (plan set) are consistent with the intent of the "PDC" and "PDR" zoning districts. d. The proposed alternative commercial development standards will provide energy efficient development and a circulation system that is suitable and adequate to serve the proposed uses. e. The proposed alternative residential development standards will result in a better community environment by providing substantial areas of usable open space. f. This project will result in significant environmental impacts, and findings of overriding considerations have been made. Sample Motions: Certify Final EIR I move that the Board of Supervisors certify that the Final Environmental Impact Report prepared for the Valley Oaks development has been completed in compliance with CEQA and the State CEQA Guidelines. General Plan Amendment Approval I offer the resolution. Rezone Approval I move that the reading of the ordinance be waived and the title only be read. I offer the ordinance. General Plan of Development Approval I move that the Board of Supervisors has reviewed and considered the environmental effects of this general plan of development as set forth in the Environmental Impact Report which has been prepared for this project and that the Planning Commission recommends approval of the proposal for the reasons listed in "Exhibit B" Findings of Fact.

..Title ..Body MEMORANDUM TO: Board of Supervisors on Behalf of CSA 16 Paradise Valley Water FROM: Mark Dellinger DATE: August 15, 2015 SUBJECT: Intertie Pipeline Between CSA 16 and Clearlake Oaks County Water District - Amended Construction Contract With O.C. Jones For Pipeline Construction. EXECUTIVE SUMMARY: BACKGROUND Construction of the pipeline is one of the tasks by Special Districts required in the Preannexation- Annexation Agreement approved by your Board in May. The Special Districts Administrator was authorized to negotiate and sign the contract with O.C. Jones on behalf of CSA 16 with a contract limit of $840,000. However, several important changes occurred since that time. We received design review comments from COCWD on the improvement plans. As a result, several modifications were made to the design that significantly improved the pipeline longevity but also increased the cost. This is important because the no cut moratorium imposed by Caltrans after the overlay project is completed will have a duration of 7 years or more. The changes include an increased amount of restrained joint piping, additional valves, additional hydrants, and traffic control for the additional work in the Caltrans right of way. This represents a negotiated cost increase of $97,950.50. In addition, we only recently received the signed encroachment permit from Caltrans. It contains trench paving requirements that would not have been required if the overlay project completion was not delayed until next year. This represents a negotiated cost increase of $109,950. It is important to note that even with the delays since the Board approved the original contract in May, the contractor still anticipates the pipeline will be completed this calendar year. This is very critical due to Caltrans' schedule and overlay contract with O.C. Jones. Time is of the essence in initiating construction. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: Increase of $207,900.50 Amount Budgeted:$207,900.50 Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): CONTRACT The amended contract is now $1,047,900.50, an increase of $207,900.50. Funds are authorized for the pipeline and available from the Department of Water Resources (DWR) Drought Grant Program (Budget Unit 8476, 63.04-Construction in Progress). Staff recommends approval STAFFING IMPACT (if applicable):N/A ..Recommended Action RECOMMENDED ACTION: Recommended Actions Staff recommends the Board of Supervisors on behalf of CSA 16 Paradise Valley Water, approve the amended contract with O.C. Jones in the amount of $1,047,900.50 and authorize the Chair to sign the contract. Questions regarding this matter should be addressed to Mark Dellinger.