Lake County Meetings — interactive archive

Board Of Supervisors — Tuesday, October 6, 2015

9:00 AM · Board Chambers

1. Call to Order

2. Moment of Silence

3. Pledge of Allegiance

4. Presentation of Animals at the Animal Care and Control Shelter

5. Consideration of Items Not Appearing on the Posted Agenda (Extra Items)

6. Current Construction Projects - Contract Change Orders

7. Approval of the Consent Agenda

7.1Adopt Resolution Amending Position Allocation in BU 2303- Juvenile Hall to eliminate all positions effective October 15, 2015 Resolution passed on consent
Staff memo

Date: September 30, 2015 · To: Board of Supervisors · From: Matt Perry, County Administrative Officer · Subject: Adopt Resolution Amending Position Allocation in BU 2303- Juvenile Hall to eliminate all positions effective October 15, 2015

EXECUTIVE SUMMARY: The proposed resolution is a result of the Board action on September 22, 2015 approving an agreement with Mendocino County to house Lake County juvenile detainees at the Mendocino County Juvenile Hall. The County's Juvenile Hall will close effective October 15, 2015. 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): Twenty allocated positions will be eliminated. ..Recommended Action RECOMMENDED ACTION: Staff requests your Board approve the proposed resolution and authorize the Chairman to sign.
Original memo text
..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Matt Perry, County Administrative Officer DATE: September 30, 2015 SUBJECT: Adopt Resolution Amending Position Allocation in BU 2303- Juvenile Hall to eliminate all positions effective October 15, 2015 EXECUTIVE SUMMARY: The proposed resolution is a result of the Board action on September 22, 2015 approving an agreement with Mendocino County to house Lake County juvenile detainees at the Mendocino County Juvenile Hall. The County's Juvenile Hall will close effective October 15, 2015. 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): Twenty allocated positions will be eliminated. ..Recommended Action RECOMMENDED ACTION: Staff requests your Board approve the proposed resolution and authorize the Chairman to sign.
7.2Adopt Resolution Authorizing Cancellation of Loan Reserve Funds in the Amount of $32,309 to Cover Loan Payment Due by CSA #21 - North Lakeport. Resolution passed on consent
Staff memo

Date: September 18, 2015 · To: BOARD OF SUPERVISORS · From: MARK DELLINGER, Special Districts Administrator JOSEFINE ECKLOR, Special Districts Deputy Administrator-Fiscal · Subject: Adopt Resolution Authorizing Cancellation of Loan Reserve Funds in the Amount of $32,309 to Cover Loan Payment due by CSA #21 - North Lakeport EXECUTIVE SUMMARY: CSA #21 - North Lakeport has a payment amount of $153,690.87 for a loan received from California Safe Drinking Water Bond through Department of Water Resources, which will be paid off this fiscal year.

Fund 753 which supports the debt service does not have sufficient funds available to pay the loan payment before penalties accrue, therefore, cancellation of $32,309 from fund 754 North Lakeport Water Loan Reserve is needed to cover the shortfall in debt service funding. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): See above STAFFING IMPACT (if applicable): NONE RECOMMENDED ACTION: Staff Recommends that the Board Adopt Resolution Authorizing Cancellation of Fund 754, North Lakeport Water Loan Reserve Funds in the Amount of $32,309 and Appropriated in Fund 753, Object Code 42.10 to Cover Loan Payment Due by CSA #21 - North Lakeport.

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

Original memo text
..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: MARK DELLINGER, Special Districts Administrator JOSEFINE ECKLOR, Special Districts Deputy Administrator-Fiscal DATE: September 18, 2015 SUBJECT: Adopt Resolution Authorizing Cancellation of Loan Reserve Funds in the Amount of $32,309 to Cover Loan Payment due by CSA #21 - North Lakeport EXECUTIVE SUMMARY: CSA #21 - North Lakeport has a payment amount of $153,690.87 for a loan received from California Safe Drinking Water Bond through Department of Water Resources, which will be paid off this fiscal year. Fund 753 which supports the debt service does not have sufficient funds available to pay the loan payment before penalties accrue, therefore, cancellation of $32,309 from fund 754 North Lakeport Water Loan Reserve is needed to cover the shortfall in debt service funding. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): See above STAFFING IMPACT (if applicable): NONE RECOMMENDED ACTION: Staff Recommends that the Board Adopt Resolution Authorizing Cancellation of Fund 754, North Lakeport Water Loan Reserve Funds in the Amount of $32,309 and Appropriated in Fund 753, Object Code 42.10 to Cover Loan Payment Due by CSA #21 - North Lakeport.
7.3Approve Agreement between the County of Lake and Lake County Office of Education - Safe Schools Healthy Students Program for Specialty Mental Health Services for Fiscal Year 2015-16, in the amount of $250,000 and authorize the Chair to sign. Action Item passed on consent
Staff memo

Date: September 22, 2015 · To: BOARD OF SUPERVISORS · From: Linda Lovejoy, LMFT, MAC Behavioral Health Director · Subject: Agreement between the County of Lake and Lake County Office of Education - Safe Schools Healthy Students Program for Specialty Mental Health Services for Fiscal Year 2015-16 EXECUTIVE SUMMARY: Attached, for your approval, is the Agreement between the County of Lake and the Lake County Office of Education - Safe Schools Healthy Students Program for School-Based Specialty Mental Health Services for Fiscal Year 2015-2016. Under the Agreement, Lake County Behavioral Health is obligated to pay a maximum contract amount of $250,000. BACKGROUND AND DISCUSSION: Lake County Office of Education - Safe Schools Healthy Students Program provides specialty mental health services at the Highlands Academy in Clearlake. The children enrolled at this Academy have previously not been able to sustain placement in the mainstream enrollment in the Konocti Unified School District. This program, through the continued support of Lake County Behavioral Health, has helped to decrease rates of truancy and school suspensions, while increasing appropriate behavior while in school, active participation in academia, and improving overall school functioning. Services provided at the Highlands Academy are making a difference in these children and youths lives. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $250,000 Amount Budgeted: $680,000 Additional Requested: N/A Annual Cost (if planned for future years): N/A

FISCAL IMPACT (Narrative): The amount budgeted for the School-Based level of care for Fiscal Year 2015-16 is $680,000. Lake County Behavioral Health is requesting a contract maximum of $250,000. This contract is funded through Medi-Cal reimbursement of the Federal Financial Participation (FFP) percentage (50%) and the Mental Health Services Act (MHSA) under Prevention and Early Intervention. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: The Lake County Behavioral Health Director requests approval of the Agreement between the County of Lake and the Lake County Office of Education - Safe Schools Healthy Students Program for the amount of $250,000 and to authorize the Board Chair to sign the Agreement.
Original memo text
..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Linda Lovejoy, LMFT, MAC Behavioral Health Director DATE: September 22, 2015 SUBJECT: Agreement between the County of Lake and Lake County Office of Education - Safe Schools Healthy Students Program for Specialty Mental Health Services for Fiscal Year 2015-16 EXECUTIVE SUMMARY: Attached, for your approval, is the Agreement between the County of Lake and the Lake County Office of Education - Safe Schools Healthy Students Program for School-Based Specialty Mental Health Services for Fiscal Year 2015-2016. Under the Agreement, Lake County Behavioral Health is obligated to pay a maximum contract amount of $250,000. BACKGROUND AND DISCUSSION: Lake County Office of Education - Safe Schools Healthy Students Program provides specialty mental health services at the Highlands Academy in Clearlake. The children enrolled at this Academy have previously not been able to sustain placement in the mainstream enrollment in the Konocti Unified School District. This program, through the continued support of Lake County Behavioral Health, has helped to decrease rates of truancy and school suspensions, while increasing appropriate behavior while in school, active participation in academia, and improving overall school functioning. Services provided at the Highlands Academy are making a difference in these children and youths lives. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $250,000 Amount Budgeted: $680,000 Additional Requested: N/A Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): The amount budgeted for the School-Based level of care for Fiscal Year 2015-16 is $680,000. Lake County Behavioral Health is requesting a contract maximum of $250,000. This contract is funded through Medi-Cal reimbursement of the Federal Financial Participation (FFP) percentage (50%) and the Mental Health Services Act (MHSA) under Prevention and Early Intervention. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: The Lake County Behavioral Health Director requests approval of the Agreement between the County of Lake and the Lake County Office of Education - Safe Schools Healthy Students Program for the amount of $250,000 and to authorize the Board Chair to sign the Agreement.
7.4Approve incorporation of the Board of Directors of the South Lake County Fire Protection District's Resolution Concerning the Devastation Caused by the Valley Fire with the County of Lake's Declaration of Existence of a Local Emergency due to the Valley Fire. Action Item passed on consent approved
Carried 5-0 — moved by Smith
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Staff memo

Date: October 1, 2015 · To: Chair Farrington · From: Supervisor Brown · Subject: Approve incorporation of the Board of Directors of the South Lake County Fire Protection District's Resolution Concerning the Devastation Caused by the Valley Fire with the County of Lake's Declaration of Existence of a Local Emergency due to the Valley Fire.

EXECUTIVE SUMMARY: At the request of the Board of Directors of the South Lake County Fire Protection District, I am providing the attached adopted resolution regarding the devastation caused by the Valley Fire. The Board of Directors would like to have this either attached with or incorporated into the County of Lake's declaration of the existence of a local emergency due to the Valley Fire. ..Recommended Action RECOMMENDED ACTION: Approve incorporation of the Board of Directors of the South Lake County Fire Protection District's Resolution Concerning the Devastation Caused by the Valley Fire with the County of Lake's Declaration of Existence of a Local Emergency due to the Valley Fire.
Original memo text
..Title ..Body MEMORANDUM TO: Chair Farrington FROM: Supervisor Brown DATE: October 1, 2015 SUBJECT: Approve incorporation of the Board of Directors of the South Lake County Fire Protection District's Resolution Concerning the Devastation Caused by the Valley Fire with the County of Lake's Declaration of Existence of a Local Emergency due to the Valley Fire. EXECUTIVE SUMMARY: At the request of the Board of Directors of the South Lake County Fire Protection District, I am providing the attached adopted resolution regarding the devastation caused by the Valley Fire. The Board of Directors would like to have this either attached with or incorporated into the County of Lake's declaration of the existence of a local emergency due to the Valley Fire. ..Recommended Action RECOMMENDED ACTION: Approve incorporation of the Board of Directors of the South Lake County Fire Protection District's Resolution Concerning the Devastation Caused by the Valley Fire with the County of Lake's Declaration of Existence of a Local Emergency due to the Valley Fire.
On motion of Supervisor Smith, and by vote of the Board, approved Consent Agenda items 7.1 through 7.4. The motion carried by the following vote: Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington

8. Timed Items

8.19:05 A.M. - Public Input
Clerk’s notes: Public Input: The following people spoke: Larry Anderson, Phil Murphy, and Terri Larsen
8.29:15 A.M. - Status Reports/Updates of response and recovery efforts from OES, assisting agencies and/or community groups consequent to 2015 wildland fires. Report
Clerk’s notes: Matt Perry introduced the Carol Huchingson, acting OES Director. Carol updated on care and shelter, most all closed (motel or HVL RV park, Konocti Harbor rooms) American Red Cross Trevor Riggin provided an overview of the shelters ran by Red Cross; challenges staffing those shelters, anticipating rains and will have a presence in Lake County to accomodate. RB asked Red Cross donations (monetary): overall costs Valley/Butte est. cost 5.5mil, raised 2.4mil for CA wildland fires, still donations in pipeline. Still involved in case work, staff a full time recovery position/ 91 cents of every dollar goes to relief, 8 cents on the dollar is a rumor. JC thanked Moke of Pomo/ Middletown Rancheria. He also spoke and expressed he and the tribes commitment to the people of Lake County and is here to help in any way possible. DSS opened and staffed the LAC, transitioned into a FEMA disaster, DSS staff approved for calFresh (food stamps)- extend through 10/7, over 1,000 ppl have been able to benefit from this, still operating a virtual EOC with the help of Admin and DPW, CDD, donation/volunteer mgmt Jeff Rein, JR reported- 60,000 sg ft warehouse completely full 28 shipping containers, 14 semi trucks waiting to enter the County, Youth Center in CL and various churches. CalOES David Fukutomi asst director of gov office of emergency services, with Gov declaration of emergency- CDAA available immediately 75%, Fire Mgmt assistance grant, John Bartlet (div supervisor) of FEMA also present; 6 locations in the County; register and check status of applications; site assessments for trailer site; housing assistance. Public: Janice Irvin, Herb Gura, Mike Dunlap, Betsy Cawn, Joan Moss, Nils Paulson, Alan Fletcher, Terri Larsen, Carrie _______, Anne _____, Sheryl Carr, Richard Schnobble, Jim Campbell - Assessors office, Terri Logsdon, Lisa Valdez, Voris Brumfield, Miguel Elliott, Kimberly Carr Meeting went into Recess Meeting Reconvened
8.39:20 A.M. - Discussion/Consideration of request for staff direction regarding adjustments to policies and procedures relating to Public Health, potable water, wells and land use as they relate to the Valley fire. Action Item
Clerk’s notes: Supervisor Brown presented the item to the Board. Environmental Health Director Ray Ruminski and Community Development Director Richard Coel were present for questions. Mr. Ruminski reported on the rebuilding of wells and septic systems and addressed the hazards of damaged septic systems. Supervisor Brown reported that he had visited hundreds of the burned lots so far and most septic systems had failed. He stated that some of these lots are too small to allow the septic to be put back on with the current standards. Public: Korrin Crowin, Joan Moss, Janice Irvin, Anne ____, Robert Wittamax, Jose (Moke) Simon
8.49:25 A.M. - Consideration of Interim Urgency Ordinance to Defer Certain Provisions of the Lake County Zoning Ordinance Pertaining to Occupancy of Recreational Vehicles as Temporary Dwellings due to the Valley Fire. Ordinance
Staff memo

Date: September 28, 2015 · To: Board of Supervisors · From: Richard Coel, Community Development Director · Subject: Request for Board of Supervisors Adopt an Urgency Interim Ordinance October 6, 2015 Agenda Item ATTACHMENT: 1. Proposed Interim Urgency Ordinance 2. Section 27.3(p) of Lake county Zoning Ordinance

EXECUTIVE SUMMARY: Staff is requesting the Board of Supervisors approve the attached interim urgency ordinance to defer certain provisions of the Lake County Zoning Ordinance pertaining to occupancy of recreational vehicles as temporary dwellings, due to the Valley Fire. The Zoning Ordinance does not allow for occupancy of temporary dwellings until such time that a building permit has been issued for construction of a new home, and either the foundation or septic system is constructed. Most of the homes lost were on small lots that pose significant safety concerns including lack of space to provide adequate separation from the burned structure debris that will need to be cleaned, dead trees that need to be cut, damaged or substandard septic systems and potential for landslides this winter. However, some of the larger parcels where homes were destroyed have adequate area where it is safe for the owners to reside, and where doing so will not impede cleanup efforts on adjacent properties. However, new construction of replacement homes is not expected to begin in earnest until next spring. Also, owners of many of the larger properties need to care for farm animals and have a significant amount of damage to repair, remove or replace, such as fences, corrals, agricultural buildings and removal of large numbers of dead trees. Their recovery is more complicated and will take more time. For the above reasons, staff believes that a limited deferral of the existing requirement that a building permit first be obtained for the replacement home prior to approval of a temporary dwelling should be made for parcels of one-acre or larger, provided that it is limited to the victims of the Valley Fire and the site is inspected and deemed adequate for an RV occupancy. This includes verification of parcel size, that the RV can be situated in a safe area void of dead trees, and that there is an existing, functioning septic system for which the RV can be connected. While the smaller lots possess too many health and safety concerns and RVs are likely to impede cleanup and recovery efforts within the small lot subdivisions, staff does not believe this will be an issue on most of the larger parcels where homes were lost. Temporary deferral of the Zoning Ordinance provisions, as recommended, will also help reduce the demand for RV park spaces, which are in short supply. Also, staff is only recommending the deferral apply for use of RVs and not mobile homes, tiny homes or on-site construction of small temporary dwellings, and the duration of occupancy is not to exceed one (1) year. The purpose of the deferment is to acknowledge the additional recovery time owners of these larger parcels may require while still ensuring that the rebuilding of these communities will ultimately be consistent with the County's General Plan and any applicable area plans. Once these property owners obtain building permits to reconstruct their homes, the normal provisions applicable to Temporary Occupancy Permits will be applied, with a Zoning Permit issued once the foundation has been constructed. Section 25123 of the California Government Code provides, in pertinent part: "All ordinances shall become effective 30 days from the date of final passage, except the following ordinances, which shall take effect immediately: (d) Those for the immediate preservation of the public peace, health, or safety, which shall contain a declaration of the facts constituting the urgency, and shall be passed by a four-fifths vote of the board of supervisors." Findings in Support of Temporary Deferral of the Temporary Dwelling Permit Provisions of Section 21-27.3(p) of the Lake County Zoning Ordinance: Deferral is necessary for the immediate preservation of the public peace, health and safety within the more rural areas devastated by the Valley Fire. These areas are more prone to looting and recovery efforts will take longer due to the additional property improvements such as fences, corrals, agricultural buildings, and larger number of burned, standing trees that need to be removed. On-site occupancy can be accommodated safely on these larger parcels, which will allow property owners the ability to begin recovery efforts by removing dead trees and restoring their agricultural operations. There is a shortage of local rental housing and existing recreational vehicle park capacity in Lake County. Allowing a limited number of property owners to live on their larger parcels, when conditions are deemed safe, will reduce demand of local RV parks, thereby making more spaces available for residents of small lots that cannot currently place their RVs on those lots due to the number of safety concerns. 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: Approve the Interim Urgency Ordinance to defer certain provisions of the Lake County Zoning Ordinance pertaining to occupancy of recreational vehicles as temporary dwellings due to the Valley Fire and authorize the Chair to sign.
Original memo text
..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Richard Coel, Community Development Director DATE: September 28, 2015 SUBJECT: Request for Board of Supervisors Adopt an Urgency Interim Ordinance October 6, 2015 Agenda Item ATTACHMENT: 1. Proposed Interim Urgency Ordinance 2. Section 27.3(p) of Lake county Zoning Ordinance EXECUTIVE SUMMARY: Staff is requesting the Board of Supervisors approve the attached interim urgency ordinance to defer certain provisions of the Lake County Zoning Ordinance pertaining to occupancy of recreational vehicles as temporary dwellings, due to the Valley Fire. The Zoning Ordinance does not allow for occupancy of temporary dwellings until such time that a building permit has been issued for construction of a new home, and either the foundation or septic system is constructed. Most of the homes lost were on small lots that pose significant safety concerns including lack of space to provide adequate separation from the burned structure debris that will need to be cleaned, dead trees that need to be cut, damaged or substandard septic systems and potential for landslides this winter. However, some of the larger parcels where homes were destroyed have adequate area where it is safe for the owners to reside, and where doing so will not impede cleanup efforts on adjacent properties. However, new construction of replacement homes is not expected to begin in earnest until next spring. Also, owners of many of the larger properties need to care for farm animals and have a significant amount of damage to repair, remove or replace, such as fences, corrals, agricultural buildings and removal of large numbers of dead trees. Their recovery is more complicated and will take more time. For the above reasons, staff believes that a limited deferral of the existing requirement that a building permit first be obtained for the replacement home prior to approval of a temporary dwelling should be made for parcels of one-acre or larger, provided that it is limited to the victims of the Valley Fire and the site is inspected and deemed adequate for an RV occupancy. This includes verification of parcel size, that the RV can be situated in a safe area void of dead trees, and that there is an existing, functioning septic system for which the RV can be connected. While the smaller lots possess too many health and safety concerns and RVs are likely to impede cleanup and recovery efforts within the small lot subdivisions, staff does not believe this will be an issue on most of the larger parcels where homes were lost. Temporary deferral of the Zoning Ordinance provisions, as recommended, will also help reduce the demand for RV park spaces, which are in short supply. Also, staff is only recommending the deferral apply for use of RVs and not mobile homes, tiny homes or on-site construction of small temporary dwellings, and the duration of occupancy is not to exceed one (1) year. The purpose of the deferment is to acknowledge the additional recovery time owners of these larger parcels may require while still ensuring that the rebuilding of these communities will ultimately be consistent with the County's General Plan and any applicable area plans. Once these property owners obtain building permits to reconstruct their homes, the normal provisions applicable to Temporary Occupancy Permits will be applied, with a Zoning Permit issued once the foundation has been constructed. Section 25123 of the California Government Code provides, in pertinent part: "All ordinances shall become effective 30 days from the date of final passage, except the following ordinances, which shall take effect immediately: (d) Those for the immediate preservation of the public peace, health, or safety, which shall contain a declaration of the facts constituting the urgency, and shall be passed by a four-fifths vote of the board of supervisors." Findings in Support of Temporary Deferral of the Temporary Dwelling Permit Provisions of Section 21-27.3(p) of the Lake County Zoning Ordinance: Deferral is necessary for the immediate preservation of the public peace, health and safety within the more rural areas devastated by the Valley Fire. These areas are more prone to looting and recovery efforts will take longer due to the additional property improvements such as fences, corrals, agricultural buildings, and larger number of burned, standing trees that need to be removed. On-site occupancy can be accommodated safely on these larger parcels, which will allow property owners the ability to begin recovery efforts by removing dead trees and restoring their agricultural operations. There is a shortage of local rental housing and existing recreational vehicle park capacity in Lake County. Allowing a limited number of property owners to live on their larger parcels, when conditions are deemed safe, will reduce demand of local RV parks, thereby making more spaces available for residents of small lots that cannot currently place their RVs on those lots due to the number of safety concerns. 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: Approve the Interim Urgency Ordinance to defer certain provisions of the Lake County Zoning Ordinance pertaining to occupancy of recreational vehicles as temporary dwellings due to the Valley Fire and authorize the Chair to sign.
Clerk’s notes: Richard Coel presented this item to the Board. Incorporate the ability to appeal? RB- meet with FEMA first, not concerned about size of the lot once the debris is cleaned up. Prioritize creekside, etc. Public: Keri Akemi-Bezayiff, Susan Bennett, Kimberly Carr, Anne Praine, Joan Moss, Alan Fletcher, Jose Simon, Vernon Garrison, (didn't get red dress lady name), Voris Brumfield, Janice Irvin
8.59:30 A.M. - Consideration of Interim Urgency Ordinance Deferring provisions related to Permitting RV Parks Ordinance
Staff memo

Date: September 30, 2015 · To: Board of Supervisors · From: Richard Coel, Community Development Director · Subject: Consideration of Interim Urgency Ordinance Deferring provisions related to Permitting RV Parks

EXECUTIVE SUMMARY: Staff is requesting the Board of Supervisors approve the attached interim urgency ordinance to defer certain provisions of the Lake County Zoning Ordinance pertaining to the development of Recreational Vehicles Parks to provide the option for temporary emergency housing locations, consisting of RV's for victims of the Valley Fire. The Zoning Ordinance requires approval of a major use permit for RV parks and limits their locations to parcels that are zoned "TPZ", "RL", "CR", "CH" and "PDC". As discussed previously, most of the homes lost were on small lots that pose significant safety concerns, and therefore are not appropriate locations for people to live at this time. Development of temporary RV parks, as emergency housing facilities exclusively for the Valley Fire victims appears to be a practical solution to provide temporary, transitional housing so that people can move back into or at least in close proximity to their communities soon and begin the process of rebuilding. Staff believes that a temporary deferral of the existing requirement that a use permit be obtained for development of temporary RV parks that are used exclusively for emergency housing sites for those who lost their homes in the fire should be made. We believe that use of temporary RV parks for a minimum of twelve (12) months will provide time for people to start the rebuilding process by having their lots cleared of debris and hazards, and obtain building permits to start their reconstruction. If it is determined that more time is needed, this deferral request could be extended by the Board. Staff believes that the objective should be to provide safe locations for people to move back into, or near their communities while the debris and hazards removal is occurring and these individual property owners go through the planning, design and building permit review and approval process. They can later relocate their RV's back onto their own properties as soon as they have obtained building permits to reconstruct their homes and have completed construction of their foundations and have sewer or on-site disposal systems authorized for use, as currently provided for by the Zoning Ordinance through a Zoning Permit for Temporary Dwelling. Any temporary RV parks established pursuant to this deferral will need to be vetted through a review process involving CalOES, FEMA and the County Community Development Department and Environmental Health Division for location, layout and funding of improvements purposes. Inspections of electrical and plumbing improvements will be required. Any unauthorized sites will be the subject of code enforcement action. Section 25123 of the California Government Code provides, in pertinent part: "All ordinances shall become effective 30 days from the date of final passage, except the following ordinances, which shall take effect immediately: (d) Those for the immediate preservation of the public peace, health, or safety, which shall contain a declaration of the facts constituting the urgency, and shall be passed by a four-fifths vote of the board of supervisors." Reasons and Findings in Support of Temporary Deferral of the Recreational Vehicle Park Provisions of Article 43 of the Lake County Zoning Ordinance: Deferral is necessary for the immediate preservation of the public peace, health and safety within the Valley Fire area. Approximately 45% of the students in the Middletown Unified School District lost their homes and many have yet to return to their school. Reconstruction of residences will be hampered due to the onset of the rainy season later this month, and may be further complicated if El-Nino predictions are accurate. The sheer scale of the damage is such that cleanup is not likely to be completed before Christmas. There is a shortage of local rental housing and existing recreational vehicle park capacity in Lake County. Local emergency shelters and hotels cannot provide all of the needed capacity for transitional housing due to the magnitude of this disaster. The isolated location of Lake County creates issues for people working in the communities devastated by the fire due to the distances they now have to commute, from Sonoma and Mendocino Counties in order to find temporary rental housing. ..Recommended Action RECOMMENDED ACTION: Adopt Interim Urgency Ordinance Deferring provisions related to Permitting RV Parks
Original memo text
..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Richard Coel, Community Development Director DATE: September 30, 2015 SUBJECT: Consideration of Interim Urgency Ordinance Deferring provisions related to Permitting RV Parks EXECUTIVE SUMMARY: Staff is requesting the Board of Supervisors approve the attached interim urgency ordinance to defer certain provisions of the Lake County Zoning Ordinance pertaining to the development of Recreational Vehicles Parks to provide the option for temporary emergency housing locations, consisting of RV's for victims of the Valley Fire. The Zoning Ordinance requires approval of a major use permit for RV parks and limits their locations to parcels that are zoned "TPZ", "RL", "CR", "CH" and "PDC". As discussed previously, most of the homes lost were on small lots that pose significant safety concerns, and therefore are not appropriate locations for people to live at this time. Development of temporary RV parks, as emergency housing facilities exclusively for the Valley Fire victims appears to be a practical solution to provide temporary, transitional housing so that people can move back into or at least in close proximity to their communities soon and begin the process of rebuilding. Staff believes that a temporary deferral of the existing requirement that a use permit be obtained for development of temporary RV parks that are used exclusively for emergency housing sites for those who lost their homes in the fire should be made. We believe that use of temporary RV parks for a minimum of twelve (12) months will provide time for people to start the rebuilding process by having their lots cleared of debris and hazards, and obtain building permits to start their reconstruction. If it is determined that more time is needed, this deferral request could be extended by the Board. Staff believes that the objective should be to provide safe locations for people to move back into, or near their communities while the debris and hazards removal is occurring and these individual property owners go through the planning, design and building permit review and approval process. They can later relocate their RV's back onto their own properties as soon as they have obtained building permits to reconstruct their homes and have completed construction of their foundations and have sewer or on-site disposal systems authorized for use, as currently provided for by the Zoning Ordinance through a Zoning Permit for Temporary Dwelling. Any temporary RV parks established pursuant to this deferral will need to be vetted through a review process involving CalOES, FEMA and the County Community Development Department and Environmental Health Division for location, layout and funding of improvements purposes. Inspections of electrical and plumbing improvements will be required. Any unauthorized sites will be the subject of code enforcement action. Section 25123 of the California Government Code provides, in pertinent part: "All ordinances shall become effective 30 days from the date of final passage, except the following ordinances, which shall take effect immediately: (d) Those for the immediate preservation of the public peace, health, or safety, which shall contain a declaration of the facts constituting the urgency, and shall be passed by a four-fifths vote of the board of supervisors." Reasons and Findings in Support of Temporary Deferral of the Recreational Vehicle Park Provisions of Article 43 of the Lake County Zoning Ordinance: Deferral is necessary for the immediate preservation of the public peace, health and safety within the Valley Fire area. Approximately 45% of the students in the Middletown Unified School District lost their homes and many have yet to return to their school. Reconstruction of residences will be hampered due to the onset of the rainy season later this month, and may be further complicated if El-Nino predictions are accurate. The sheer scale of the damage is such that cleanup is not likely to be completed before Christmas. There is a shortage of local rental housing and existing recreational vehicle park capacity in Lake County. Local emergency shelters and hotels cannot provide all of the needed capacity for transitional housing due to the magnitude of this disaster. The isolated location of Lake County creates issues for people working in the communities devastated by the fire due to the distances they now have to commute, from Sonoma and Mendocino Counties in order to find temporary rental housing. ..Recommended Action RECOMMENDED ACTION: Adopt Interim Urgency Ordinance Deferring provisions related to Permitting RV Parks
Clerk’s notes: This item has been pulled at the request of Richard Coel. Gov executive order address this--- Dan Kelly
8.69:35 A.M. - Consideration of Urgency Ordinance Prohibiting Rental Housing Price Gouging in the County of Lake during a State of Emergency. Ordinance approved
no itemized roll call in the official record
On motion of Supervisor Smith the Ordinance was approved. The motion carried by the following vote:
Clerk’s notes: CoCo clarified - local prohibits going on beyond during 30-day prior to the emergency Public: Larry Anderson
8.710:00 A.M. - PUBLIC HEARING - Consideration of Planning Commission's recommendation to approve a two-year extension for a tentative subdivision map SDX 15-04, previously approved by Merger and Resubdivision SD 05-04; and re-adoption of a mitigated negative declaration based on Initial Study IS 05-40; applicant is Westamerica Bank; project located at 6015 & 6850 Robin Hill Drive, Lakeport (APNs 004-029-28 & 60) Public Hearing approved
Carried 5-0 — moved by Smith
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Carried 5-0 — moved by Smith
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Staff memo

Date: August 28, 2015 · To: Board of Supervisors · From: Richard Coel, Community Development Director Prepared by: Mireya G. Turner, Assistant Planner · Subject: R H Landing Tentative Subdivision Map Extension SDX 15-04, SD 05-04, IS 05-40, Supervisorial District 4

ATTACHMENTS: A. Staff Report for Planning Commission hearing on August 27, 2015 1. Vicinity Map 2. Tentative Subdivision 05-04 Conditions 3. Agency Comments 4. Tentative Map I. SUMMARY The RH Landing Subdivision project proposes the division of approximately 37 acres to create 137 residential lots, located within the North Lakeport community growth boundary. On August 27, 2015, the Planning Commission approved the previously approved mitigated negative declaration for SD 05-04, finding that it met the requirements of Section 15162(a) of CEQA Guidelines and that no additional environmental review was required. Additionally, they approved a recommendation to the Board of Supervisors to approve a two-year extension of the RH Landing Subdivision project. II. PROJECT DESCRIPTION Applicant: Westamerica Bank, 2891 Geer Road, Turlock, CA 95382 Owner: Same Location: 6015 & 6850 Robin Hill Drive, Lakeport APNs: 004-029-28 & 60 General Plan Designation: Low Density Residential and Resource Conservation Zoning: "R1-SC-WW" Single-family Residential-Scenic Combining-Water Way and "R1" Single-family Residential Approval Date: July 27, 2006 Extension Requested: Two years to July 27, 2017 III. DISCUSSION A tentative subdivision map was approved by the Planning Commission on July 27, 2006. A series of state initiated extensions provided automatic extensions to qualified tentative subdivision maps for the next seven years. The State Subdivision Map Act allows the granting of extensions for a period or periods not exceeding a total of five years. This is the applicant's first extension request. The general plan designation of the project area was changed as part of the Lakeport Area Plan Update, approved by the Board of Supervisors on June 25, 2013. The current designation of Low Density Residential allows for 1-5 dwelling units per acre. A parcel of 37 acres would allow for 185 dwelling units. Although the project can only be held to the requirements in effect at the date of its original approval, it is helpful to note that the current general plan designation does not present a conflict with the original design of the subdivision. The applicant seeks an extension to complete the various conditions required for the filing of the final map. Shortly after the tentative map's original approval, the Office of Drinking Water imposed a water connection restriction on CSA #21 which remains in effect. The final map cannot be recorded until water connections are available. Additionally, the ownership of the project has changed. Staff recommends that a two (2) year time extension be granted for the subdivision map in order to complete the conditions necessary to record the final map. The Lake County Subdivision Ordinance allows the granting of extensions for a period or periods not exceeding a total of five years. This is the applicant's first extension request. IV. RECOMMENDATION Staff recommends that the Board of Supervisors take the following action: A. Find that the previously mitigated negative declaration based on Initial Study IS 05-40 meets the requirements of Section 15162(a) of the State CEQA Guidelines, and that no additional environmental review need be prepared, with the following findings: 1. There has been no change in the project which would create new significant environmental impacts. 2. There has been no substantial change in circumstances resulting in new significant environmental impacts. 3. No new information of substantial importance to the project has become available. B. Approve a two-year extension of time for SD 05-04 with the following findings: 1. This project is consistent with the Lake County General Plan, Zoning Ordinance, Subdivision Ordinance, and the Lakeport Area Plan. 2. This time extension request is consistent with the Lake County Subdivision Ordinance and the State Subdivision Map Act. 3. The subdivision map is still compatible with neighboring land uses. 4. There has been no substantial change in circumstances resulting in new significant environmental impacts. Sample Motions: A. Reconsideration of Previously Approved Mitigated Negative Declaration I move that the Mitigated Negative Declaration, which was previously prepared for SD 05-04 does meet the requirements of Section 15162(a) of the CEQA Guidelines, and that no additional environmental review need be prepared with the findings listed in the staff report dated August 28, 2015. B. Time Extension I move that the Board of Supervisors approve an extension of time for SD 05-04 for a period of two years to July 27, 2017, with the findings listed in the staff report dated August 28, 2015. ..Recommended Action RECOMMENDED ACTION:
Original memo text
..Title ..Body MEMORANDUM STAFF REPORT TO: Board of Supervisors FROM: Richard Coel, Community Development Director Prepared by: Mireya G. Turner, Assistant Planner DATE: August 28, 2015 SUBJECT: R H Landing Tentative Subdivision Map Extension SDX 15-04, SD 05-04, IS 05-40, Supervisorial District 4 ATTACHMENTS: A. Staff Report for Planning Commission hearing on August 27, 2015 1. Vicinity Map 2. Tentative Subdivision 05-04 Conditions 3. Agency Comments 4. Tentative Map I. SUMMARY The RH Landing Subdivision project proposes the division of approximately 37 acres to create 137 residential lots, located within the North Lakeport community growth boundary. On August 27, 2015, the Planning Commission approved the previously approved mitigated negative declaration for SD 05-04, finding that it met the requirements of Section 15162(a) of CEQA Guidelines and that no additional environmental review was required. Additionally, they approved a recommendation to the Board of Supervisors to approve a two-year extension of the RH Landing Subdivision project. II. PROJECT DESCRIPTION Applicant: Westamerica Bank, 2891 Geer Road, Turlock, CA 95382 Owner: Same Location: 6015 & 6850 Robin Hill Drive, Lakeport APNs: 004-029-28 & 60 General Plan Designation: Low Density Residential and Resource Conservation Zoning: "R1-SC-WW" Single-family Residential-Scenic Combining-Water Way and "R1" Single-family Residential Approval Date: July 27, 2006 Extension Requested: Two years to July 27, 2017 III. DISCUSSION A tentative subdivision map was approved by the Planning Commission on July 27, 2006. A series of state initiated extensions provided automatic extensions to qualified tentative subdivision maps for the next seven years. The State Subdivision Map Act allows the granting of extensions for a period or periods not exceeding a total of five years. This is the applicant's first extension request. The general plan designation of the project area was changed as part of the Lakeport Area Plan Update, approved by the Board of Supervisors on June 25, 2013. The current designation of Low Density Residential allows for 1-5 dwelling units per acre. A parcel of 37 acres would allow for 185 dwelling units. Although the project can only be held to the requirements in effect at the date of its original approval, it is helpful to note that the current general plan designation does not present a conflict with the original design of the subdivision. The applicant seeks an extension to complete the various conditions required for the filing of the final map. Shortly after the tentative map's original approval, the Office of Drinking Water imposed a water connection restriction on CSA #21 which remains in effect. The final map cannot be recorded until water connections are available. Additionally, the ownership of the project has changed. Staff recommends that a two (2) year time extension be granted for the subdivision map in order to complete the conditions necessary to record the final map. The Lake County Subdivision Ordinance allows the granting of extensions for a period or periods not exceeding a total of five years. This is the applicant's first extension request. IV. RECOMMENDATION Staff recommends that the Board of Supervisors take the following action: A. Find that the previously mitigated negative declaration based on Initial Study IS 05-40 meets the requirements of Section 15162(a) of the State CEQA Guidelines, and that no additional environmental review need be prepared, with the following findings: 1. There has been no change in the project which would create new significant environmental impacts. 2. There has been no substantial change in circumstances resulting in new significant environmental impacts. 3. No new information of substantial importance to the project has become available. B. Approve a two-year extension of time for SD 05-04 with the following findings: 1. This project is consistent with the Lake County General Plan, Zoning Ordinance, Subdivision Ordinance, and the Lakeport Area Plan. 2. This time extension request is consistent with the Lake County Subdivision Ordinance and the State Subdivision Map Act. 3. The subdivision map is still compatible with neighboring land uses. 4. There has been no substantial change in circumstances resulting in new significant environmental impacts. Sample Motions: A. Reconsideration of Previously Approved Mitigated Negative Declaration I move that the Mitigated Negative Declaration, which was previously prepared for SD 05-04 does meet the requirements of Section 15162(a) of the CEQA Guidelines, and that no additional environmental review need be prepared with the findings listed in the staff report dated August 28, 2015. B. Time Extension I move that the Board of Supervisors approve an extension of time for SD 05-04 for a period of two years to July 27, 2017, with the findings listed in the staff report dated August 28, 2015. ..Recommended Action RECOMMENDED ACTION:
On motion of Supervisor Smith, and by vote of the Board, found that the Mitigated Negative Declaration, which was previously prepared for SD 05-04 does meet the requirements of Section 15162(a) of the CEQA Guidelines, and that no additional environmental review need be prepared with the findings listed in the staff report dated August 28, 2015. The motion carried by the following vote: Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington On motion of Supervisor Smith, and by vote of the Board, approved a time extension for SD 05-04 for a period of two years to July 27, 2017, with the findings listed in the staff report dated August 28, 2015. The motion carried by the following vote: Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington
Clerk’s notes: Assistant Planner Mireya Turner presented the item to the Board. Chair Farrington opened the public hearing and asked if anyone present wished to speak. No one present wished to speak and the public hearing was closed.

9. Non-Timed Items

9.1Supervisors’ weekly calendar, travel and reports
9.2Consideration of Continuing the Proclamation of a Local Health Emergency by the Lake County Health Officer. Proclamation approved
Carried 5-0 — moved by Comstock
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Staff memo

Date: October 2, 2015 · To: Board of Supervisors · From: Karen Tait, M.D., Health Officer · Subject: Requesting Board Approval to Extend the Proclamation of a Local Health Emergency by the Lake County Health Officer as Amended on September 22, 2015 for an Additional Two-Week Period of Time

EXECUTIVE SUMMARY: The Valley Fire is at 98% containment as of October 5, 2015. While, removal of hazardous materials and remediation of burned properties is currently under way, it is early in the process, such that only a portion of ash and other hazardous, or potentially hazardous materials has been removed. Further, although the threat of additional fire damage to structures in impacted areas is reduced, it is not absent. Families have re-entered burned areas that may pose both acute and chronic health risks as well as threats to the environment if timely and appropriate clean-up efforts are not supported. Continuing the Proclamation of a Local health Emergency by the County Health Officer which was initiated on September 22, 2015, serves to enable assistance from state and federal agencies and provides for streamlined procedures, which are essential for the health and safety of the communities impacted by the Valley and other recent fires. Therefore, it is recommended that the Proclamation of a Local Health Emergency by the Lake County Health Officer as Amended on September 22, 2015 be extended for an additional two-week period of time. Your approval is requested and recommended. Thank you. ..Recommended Action RECOMMENDED ACTION: Staff recommends your Board Continue the Proclamation of a Local Health Emergency by the Lake County Health Officer.
Original memo text
..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Karen Tait, M.D., Health Officer DATE: October 2, 2015 SUBJECT: Requesting Board Approval to Extend the Proclamation of a Local Health Emergency by the Lake County Health Officer as Amended on September 22, 2015 for an Additional Two-Week Period of Time EXECUTIVE SUMMARY: The Valley Fire is at 98% containment as of October 5, 2015. While, removal of hazardous materials and remediation of burned properties is currently under way, it is early in the process, such that only a portion of ash and other hazardous, or potentially hazardous materials has been removed. Further, although the threat of additional fire damage to structures in impacted areas is reduced, it is not absent. Families have re-entered burned areas that may pose both acute and chronic health risks as well as threats to the environment if timely and appropriate clean-up efforts are not supported. Continuing the Proclamation of a Local health Emergency by the County Health Officer which was initiated on September 22, 2015, serves to enable assistance from state and federal agencies and provides for streamlined procedures, which are essential for the health and safety of the communities impacted by the Valley and other recent fires. Therefore, it is recommended that the Proclamation of a Local Health Emergency by the Lake County Health Officer as Amended on September 22, 2015 be extended for an additional two-week period of time. Your approval is requested and recommended. Thank you. ..Recommended Action RECOMMENDED ACTION: Staff recommends your Board Continue the Proclamation of a Local Health Emergency by the Lake County Health Officer.
On motion of Supervisor Comstock, and by vote of the Board, continued the Proclamation of a Local Health Emergency by the Lake County Health Officer. The motion carried by the following vote: Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington
Clerk’s notes: Public Health Officer Dr. Karen Tait presented the item to the Board. Chair Farrington asked if anyone present wished to speak. No one present wished to speak and public input portion was closed.
9.3Update to the Board of Supervisors regarding contracts executed by Department of Public Works and Special Districts related to the Valley Fire local emergency. Report
Staff memo

Date: October 2, 2015 · To: Board of Supervisors · From: Alicia Flores, Asst. Clerk of the Board · Subject: Update to the Board of Supervisors regarding contracts executed by Department of Public Works and Special Districts related to the Valley Fire local emergency.

EXECUTIVE SUMMARY: At the Emergency Board of Supervisors meeting held Friday, September 18, 2015 at 4:00pm, Supervisor Comstock moved to waive the County's normal competitive bidding process due to the state of emergency and authorized the Purchasing Agent and delegated Assistant Purchasing Agents to engage independent contractors to perform services related to the Valley Fire local emergency not to exceed $1 million dollars. The motion carried 4 ayes, with Supervisor Smith absent. Staff will update the Board of Supervisors regarding contracts executed by both the Department of Public Works and Special Districts related to the Valley Fire local emergency.
Original memo text
..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Alicia Flores, Asst. Clerk of the Board DATE: October 2, 2015 SUBJECT: Update to the Board of Supervisors regarding contracts executed by Department of Public Works and Special Districts related to the Valley Fire local emergency. EXECUTIVE SUMMARY: At the Emergency Board of Supervisors meeting held Friday, September 18, 2015 at 4:00pm, Supervisor Comstock moved to waive the County's normal competitive bidding process due to the state of emergency and authorized the Purchasing Agent and delegated Assistant Purchasing Agents to engage independent contractors to perform services related to the Valley Fire local emergency not to exceed $1 million dollars. The motion carried 4 ayes, with Supervisor Smith absent. Staff will update the Board of Supervisors regarding contracts executed by both the Department of Public Works and Special Districts related to the Valley Fire local emergency.
Clerk’s notes: Public Works Director Scott DeLeon 9/19/15 Pacific Tree Care (terminated the contract and will be developing an RFP to comply with Federal procurement) addressed the hazardous trees in regard to repopulated areas in compliance with CalFire plans. 9/29/15 Bouthillier - Socrates mine rd retaining wall. Special Districts Compliance Manager Jan Coppinger HD Excavating was the only one who bid of the 3 presented to. Met w/ CalOES- cap 200 sewer connections to prevent I&I, Geyser Pipeline was down No action requested, Board consensus is to have staff report back to the Board, no ratification needed at this time. Survey CalRecycle
9.4(Sitting as the Lake County Air Quality Management District Board of Directors) - Consideration of Re-Appointment of Mark Burkdoll, Public Member, to the Lake County Air Quality Management District Hearing Board for a three year term pursuant to California Health and Safety Code. Report approved
Carried 5-0 — moved by Comstock
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Staff memo

Date: September 22, 2015 · To: Board of Directors, Lake County Air Quality Board of Directors · From: Doug Gearhart, Air Pollution Control Officer · Subject: (Sitting as the Lake County Air Quality Management Board of Directors) Re-appoint Mark Burkdoll, as one of the Public Members to the LCAQMD Hearing Board for a three year term.

EXECUTIVE SUMMARY: Mark Burkdoll has served for the past 3 years as a Public Member on the Lake County Air Quality Management District Hearing Board. California Health & Safety Code Section 40801 requires one Legal Professional, one Professional Engineer, one Medical Professional, and two Public Members be represented on the Hearing Board. Mr. Burkdoll has a desire to make a contribution to the community and assist in protecting our air quality and has agreed to continue to serve on the Hearing Board and we are appreciative. The Hearing Board has not met frequently in the past 3 years; previously the Hearing Board has met up to 8 times a year. The hearing process is both legalistic and technical in nature. Continuing Hearing Board members, as has been the case for the present Hearing Board, has helped greatly in making the process work smoothly and in the publics interest. Because of infrequent meetings, the advantages of having experienced Hearing Board members, and the fact that Mr. Burkdoll has indicated his willingness to continue, we ask that you re-appoint him. Staff believes the LCAQMD is fortunate to have Members with such strong credentials, history, and unique understanding of our community and environmental matters and are willing to continue to serve on the Hearing Board. 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: (Sitting as the Lake County Air Quality Management Board of Directors) Re-appoint Mark Burkdoll, as one of the Public Members to the LCAQMD Hearing Board for a three year term.
Original memo text
..Title ..Body MEMORANDUM TO: Board of Directors, Lake County Air Quality Board of Directors FROM: Doug Gearhart, Air Pollution Control Officer DATE: September 22, 2015 SUBJECT: (Sitting as the Lake County Air Quality Management Board of Directors) Re-appoint Mark Burkdoll, as one of the Public Members to the LCAQMD Hearing Board for a three year term. EXECUTIVE SUMMARY: Mark Burkdoll has served for the past 3 years as a Public Member on the Lake County Air Quality Management District Hearing Board. California Health & Safety Code Section 40801 requires one Legal Professional, one Professional Engineer, one Medical Professional, and two Public Members be represented on the Hearing Board. Mr. Burkdoll has a desire to make a contribution to the community and assist in protecting our air quality and has agreed to continue to serve on the Hearing Board and we are appreciative. The Hearing Board has not met frequently in the past 3 years; previously the Hearing Board has met up to 8 times a year. The hearing process is both legalistic and technical in nature. Continuing Hearing Board members, as has been the case for the present Hearing Board, has helped greatly in making the process work smoothly and in the publics interest. Because of infrequent meetings, the advantages of having experienced Hearing Board members, and the fact that Mr. Burkdoll has indicated his willingness to continue, we ask that you re-appoint him. Staff believes the LCAQMD is fortunate to have Members with such strong credentials, history, and unique understanding of our community and environmental matters and are willing to continue to serve on the Hearing Board. 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: (Sitting as the Lake County Air Quality Management Board of Directors) Re-appoint Mark Burkdoll, as one of the Public Members to the LCAQMD Hearing Board for a three year term.
On motion of Supervisor Comstock, and by vote of the Board, re-appointed Mark Burkdoll, Public Member, to the Lake County Air Quality Management District Hearing Board for a three year term pursuant to California Health and Safety Code. The motion carried by the following vote: Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington
Clerk’s notes: Air Pollution Control Officer Doug Gearhart presented the item to the Board. Chair Farrington asked if anyone present wished to speak. No one present wished to speak and the public input portion of the item was closed.
9.5Consideration of Findings of Fact – Appeal of Cross Development, LLC (Dollar General (AB 15-02)). Action Item approved
Carried 4-0 — moved by Steele
Brown: abstain Comstock: aye Farrington: aye Smith: aye Steele: aye
Carried 3-1 — moved by Steele
Brown: abstain Comstock: nay Farrington: aye Smith: aye Steele: aye
Staff memo

Date: October 1, 2015 · To: The Honorable Board of Supervisors · From: Anita L. Grant, County Counsel · Subject: Proposed Findings of Fact and Decision in the Appeal of Cross Development, LLC (AB 15-02)

EXECUTIVE SUMMARY: Pursuant to your Board's statement of Intended Decision in the above matter on August 25, 2015, I have prepared the attached Findings of Fact and Decision to support your Board's intended decision. Your Board's vote was three in favor of denying the appeal, one in favor of granting the appeal. One board member recused himself due to a conflict of interest. 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: If the Findings of Fact are acceptable to you, I would recommend that you take the following two actions: 1. Move to approve the Findings of Fact and authorize the Chair to sign; and 2. Move to deny the appeal.
Original memo text
..Title ..Body MEMORANDUM TO: The Honorable Board of Supervisors FROM: Anita L. Grant, County Counsel DATE: October 1, 2015 SUBJECT: Proposed Findings of Fact and Decision in the Appeal of Cross Development, LLC (AB 15-02) EXECUTIVE SUMMARY: Pursuant to your Board's statement of Intended Decision in the above matter on August 25, 2015, I have prepared the attached Findings of Fact and Decision to support your Board's intended decision. Your Board's vote was three in favor of denying the appeal, one in favor of granting the appeal. One board member recused himself due to a conflict of interest. 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: If the Findings of Fact are acceptable to you, I would recommend that you take the following two actions: 1. Move to approve the Findings of Fact and authorize the Chair to sign; and 2. Move to deny the appeal.
On motion of Supervisor Steele, and by vote of the Board, approved the Findings of Facts and authorized the Chair to sign. The motion carried by the following vote: Ayes: Supervisors Comstock, Smith, Steele, and Farrington Abstain: Supervisor Brown On motion of Supervisor Steele, and by vote of the Board, denied the appeal. The motion carried by the following vote: Ayes: Supervisors Smith, Steele, and Farrington Noes: Supervisor Comstock Abstain: Supervisor Brown
Clerk’s notes: Supervisor Brown announced that he would need to recuse himself from this item. County Counsel Anita Grant presented the item to the Board. Chair Farrington asked if anyone present wished to speak and Janice Ervin spoke. No one else wished to speak and the public input portion of the item was closed.
9.6Consideration of departmental request for Board direction regarding requests to enter into Williamson Act contracts for grazing land Action Item
no itemized roll call in the official record
Staff memo

Date: July 21, 2015 · To: Board of Supervisors · From: Richard Coel, Community Development Director Mireya G. Turner, Assistant Planner · Subject: Request for Board direction regarding requests to enter into Williamson Act contract for grazing land

Land Conservation Act contracts, also known as Williamson Act contracts, were established by the State of California as a mechanism to stem the loss of valuable agricultural land to urban development after WWII. It consists of a 10-year agreement between the landowner and the local government, restricting the use and development of the property in return for a significantly reduced tax assessment. The Department of Conservation estimates between 20-75% property tax savings to the contracted landowner. Local governments were able to recover a portion of the lost property tax revenue via the Open Subvention Act of 1971. Payments to the local governments came from the state General Fund and were discontinued during the economic downturn. No payments have been made to participating counties since 2010. There was legislation to allow for a nine-year contract period as a way for the counties to recover a portion of the lost revenue, but this too was suspended. Lake County Resolution 68-103 states, "Agricultural Preserves may only be established for land which is primarily and actively being used for the purpose of producing an agricultural commodity for commercial purposes." On September 20, 2011, the Board of Supervisors directed staff to review grazing lands within current Williamson Act contracts to ensure their ongoing use met the following criteria. Minimum requirements to qualify as grazing land in the Williamson Act are: 1. The parcel must be fenced; 2. The parcel must have adequate water available; 3. The parcel must have access adequate to allow the movement of cattle to/from the parcel; 4. There must be a history of at least 10 AU* grazing the land for five months or more each year. *One AU (Animal Unit) is defined as one cow and one calf Staff was directed to move forward with the recordation of Notices of Non-Renewal of the Williamson Act contracts for any properties not meeting the above criteria. Initiating a non-renewal begins a nine-year period during which the annual tax assessment gradually increases, with a termination of the contract at the end of that ninth year. Given the continuing lack of reimbursement of lost property tax revenue from the state, staff requests the Board's direction regarding consideration of further applications for Williamson Act contracts, before expending staff time processing any new requests. ..Recommended Action
Original memo text
..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Richard Coel, Community Development Director Mireya G. Turner, Assistant Planner SUBJECT: Request for Board direction regarding requests to enter into Williamson Act contract for grazing land DATE: July 21, 2015 Land Conservation Act contracts, also known as Williamson Act contracts, were established by the State of California as a mechanism to stem the loss of valuable agricultural land to urban development after WWII. It consists of a 10-year agreement between the landowner and the local government, restricting the use and development of the property in return for a significantly reduced tax assessment. The Department of Conservation estimates between 20-75% property tax savings to the contracted landowner. Local governments were able to recover a portion of the lost property tax revenue via the Open Subvention Act of 1971. Payments to the local governments came from the state General Fund and were discontinued during the economic downturn. No payments have been made to participating counties since 2010. There was legislation to allow for a nine-year contract period as a way for the counties to recover a portion of the lost revenue, but this too was suspended. Lake County Resolution 68-103 states, "Agricultural Preserves may only be established for land which is primarily and actively being used for the purpose of producing an agricultural commodity for commercial purposes." On September 20, 2011, the Board of Supervisors directed staff to review grazing lands within current Williamson Act contracts to ensure their ongoing use met the following criteria. Minimum requirements to qualify as grazing land in the Williamson Act are: 1. The parcel must be fenced; 2. The parcel must have adequate water available; 3. The parcel must have access adequate to allow the movement of cattle to/from the parcel; 4. There must be a history of at least 10 AU* grazing the land for five months or more each year. *One AU (Animal Unit) is defined as one cow and one calf Staff was directed to move forward with the recordation of Notices of Non-Renewal of the Williamson Act contracts for any properties not meeting the above criteria. Initiating a non-renewal begins a nine-year period during which the annual tax assessment gradually increases, with a termination of the contract at the end of that ninth year. Given the continuing lack of reimbursement of lost property tax revenue from the state, staff requests the Board's direction regarding consideration of further applications for Williamson Act contracts, before expending staff time processing any new requests. ..Recommended Action
There was Board consensus to implement greater criteria for Williamson Act contracts and place this item on the agenda at a later date for consideration.
Clerk’s notes: Assistant Planner Mireya Turner presented the item to the Board. Community Development Director Richard Coel was present and also spoke. Chair Farrington asked if anyone present wished to speak. No one present wished to speak and the public input portion of this item was closed.
9.7Consideration of 2015/16 OHV grant in the amount of $26,376 and corresponding resolution, in order for Lake County to participate in the Department of Parks and Recreation off-highway vehicle program Agreement Adopted
Carried 5-0 — moved by Comstock
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye
Staff memo

Date: September 12, 2015 · To: Anthony Farrington, Chairman, Board of Supervisors · From: Brian L. Martin, Sheriff/Coroner · Subject: Approval of the 2015/16 OHV grant in the amount of $26,376 and corresponding resolution, in order for Lake County to participate in the Department of Parks and Recreation off-highway vehicle program.

EXECUTIVE SUMMARY: The Sheriff's Department has applied for and received a grant through the California State Parks Grants and Cooperative Agreements Program for funding to start an Off Highway Vehicle (OHV) enforcement program for the 2015 cycle. The grant has been electronically submitted, and now requires your Boards approval of the attached resolution and Project Agreement. A copy of the approved grant documents are included for your review. FISCAL IMPACT: __ None x__Budgeted __Non-Budgeted Estimated Cost: 26,376 Amount Budgeted: 26,376 Additional Requested: N/A Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): These funds, as well as the county match, have been included in the FY2015/16 Sheriff/Coroner budget 2201. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: The Sheriff's Department recommends approval of the 2015/16 OHV grant in the amount of $26,376 and corresponding resolution, in order for Lake County to participate in the Department of Parks and Recreation off-highway vehicle program.
Original memo text
..Title ..Body MEMORANDUM TO: Anthony Farrington, Chairman, Board of Supervisors FROM: Brian L. Martin, Sheriff/Coroner DATE: September 12, 2015 SUBJECT: Approval of the 2015/16 OHV grant in the amount of $26,376 and corresponding resolution, in order for Lake County to participate in the Department of Parks and Recreation off-highway vehicle program. EXECUTIVE SUMMARY: The Sheriff's Department has applied for and received a grant through the California State Parks Grants and Cooperative Agreements Program for funding to start an Off Highway Vehicle (OHV) enforcement program for the 2015 cycle. The grant has been electronically submitted, and now requires your Boards approval of the attached resolution and Project Agreement. A copy of the approved grant documents are included for your review. FISCAL IMPACT: __ None x__Budgeted __Non-Budgeted Estimated Cost: 26,376 Amount Budgeted: 26,376 Additional Requested: N/A Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): These funds, as well as the county match, have been included in the FY2015/16 Sheriff/Coroner budget 2201. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: The Sheriff's Department recommends approval of the 2015/16 OHV grant in the amount of $26,376 and corresponding resolution, in order for Lake County to participate in the Department of Parks and Recreation off-highway vehicle program.
On motion of Supervisor Comstock, and by vote of the Board, approved the Project Agreement and authorized the Chair to sign. The motion carried by the following vote: Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington Supervisor Comstock offered the Resolution and it was passed by roll call vote (5 ayes).
Clerk’s notes: Sheriff Brian Martin presented the item to the Board. Chair Farrington asked if anyone present wished to speak. No one present wished to speak and the public input portion of the item was closed.

10. Closed Session

10.1Conference with Labor Negotiator: (a) County Negotiators: A. Grant, S. Harry, M. Perry, K. Ferguson and S. Jansen; and (b) Employee Organizations: DDAA, DSA, LCCOA, LCEA and LCSEA
10.2Conference with legal counsel: Existing litigation pursuant to Gov. Code Section 54956.9(d)(1): City of Lakeport v. County of Lake, et al. Closed Session Item
Clerk’s notes: The Board reconvened into Open Session at 2:58 p.m. and took the following action: On motion of Supervisor Smith, and by vote of the Board, approved the settlement agreement in the matter of City of Lakeport v. County of Lake, et al. in the amount of $69,901.81 as reimbursement of the City of Lakeport's attorney' fees and costs and authorized the Chair to sign. The motion carried by the following vote: Ayes: Supervisors Comstock, Smith, Steele, Brown, and Farrington
10.3Public Employee Evaluations Title: Public Services Director Closed Session Item

11. Adjournment