Board Of Supervisors — Tuesday, September 27, 2022

The response to the 2021-22 Grand Jury Final Report was approved by your Board on Tuesday, September 20, 2022. Part of this report was the response from the Community Development Department, which included a section titled "Persistent Blight on the Landscape: Abandoned Vehicles in Lake County". Community Development prepared the report for consideration by the Abandoned Vehicle Authority (AVA) which was completed and approved at a Special Meeting on Wednesday, September 21, 2022 with the following Amendments: F-5: The Code Enforcement Officers report insufficient dialogue with the County AVA Authority in setting priorities for Code Enforcement. Response changed to: DISAGREE partially with finding. F-7: At the time interviews in 2022, the County Code Enforcement officers had no uniform making them readily identifiable to the public. Response the same, explanation has been revised. F-8: The County AVA Commission has been found to be out-of-compliance with the budget and annual-repot requirements and was suspended from receiving DMV registration fees for one year. Response changed to: DISAGREE wholly with finding. R-2: That the Clearlake Police Department dedicate one Code Enforcement Officer full-time to the abatement of abandoned vehicles. Response changed to: AGREE has been implemented. R-3: That the County Community Development provide its vehicle abatement officers with computers and uniforms. Response the same, explanation has been revised. R-4: That the County AVA Authority interact regularly with the officers in the three jurisdictions who are striving to abate nuisance vehicles. (F5). Response the same, explanation has been revised. The revised report was submitted on schedule to Judge Lunas on Wednesday, September 21, 2022.

No Action Needed.

Kings View has provided professional services to support the administration of Lake County Behavioral Health Services' Electronic Health Record (E.H.R.). These services range from data management, state reporting, and billing. As stated in the Agreement, Kings View has provided these services to LCBHS since 2006. Moving forward, LCBHS will be migrating to a new E.H.R. platform with a go live date of March 1, 2023. Kings View will support the data migration to the new E.H.R.

Approve the Agreement between County of Lake and Kings View Professional Services for MIS Support Services for FY 2022-23 in the amount of $158,469.00 and Authorize the Board Chair to Sign.

The Board of Supervisors will consider approving a contract for as needed Plan Review services for up to a total of $50,000.00 with 4Leaf Inc. The Building & Safety Division is currently staffed with two Plans Examiners, but we do not have a Structural Engineer to verify that submitted plans that have exceeded prescriptive California Building Code requirements have been correctly calculated. The California Codes allow for structural elements that exceed the limits of the code as long as they are designed in accordance with accepted engineering practices. It is very important for safety of our community that these structural calculations have been verified for completeness and accuracy. Staff received six informal written quotes, and 4Leaf Inc. was one of the two that came in with the lowest bid of 40% of Lake County's Plan review fee for Structural only reviews. While we do not have plans at this moment for outsourcing any complete plan reviews, of the 2 low bids 4Leaf's complete plan reviews are 65% and the other is 70% of Lake County's Plan review fee. 4Leaf Inc. has been providing a range of services to 350+ clients throughout California for more than 21 years. 4Leaf has 60+ plan check personnel that includes Registered Professional Engineers, Licensed Architects, Certified Access Specialists, and ICC Certified personnel.

Approve Agreement between the County of Lake and 4Leaf, Inc., for as-needed Plan Review services for an amount not to exceed $50,000.00, and authorize the Chair to sign.

Like many government agencies, the County of Lake utilizes Microsoft Office productivity suite for various county business functions. The MS Office version that most County users utilize will no longer be receiving security updates and bug fixes soon. County IT wishes to purchase updated licensing for Microsoft Office that will allow all county users to be updated to the most current version of the suite. The new licensing will be subscription based. This is different than our previous approach of purchasing one-time licensing and using the software for many years. We have reviewed the options for purchasing one-time licensing and have found that it is not cost effective anymore, and does not allow us to migrate to other Microsoft online services in a seamless fashion in the future. The IT department wishes to purchase 1,000 licenses over the course of several months as we implement these updates in each department. Licenses are $126.12 per user per year. Purchase will be made using the Riverside County Master Agreement competitively bid contract which offers this and other Microsoft software at reduced prices. If the department should need to increase the license count above 1,000 in the future, the Information Technology Department will bring the request for additional licenses to your Board.

Waive the formal bidding requirement and authorize the IT Director to issue Purchase Orders to Dell Marketing L.P. for Microsoft Apps for Enterprise licenses at a total cost not to exceed $126,120.00 per year; and Authorize IT Director to sign Microsoft Enterprise Agreement enrollment paperwork.

The County publicly opened bids for the subject project on Friday, September 9, 2022. Four (4) bids were received and the apparent lowest responsible bidder was G. D. Nielson Construction, Inc. Of note, this bidder also qualifies for a 10% local workforce participation discount. The project is funded through Budget Unit 1785, Public Safety Facilities. One bidder was determined to be non-responsive, specifically for failure to include the completed bid form with their bid submittal package. Another bidder requested to be relieved of their bid upon realization of a material error in their bid. Specifically, Converse Construction failed to factor in the acquisition cost of the electrical panel and switch gear. Public Contract Code 5101 allows for bid relief only by consent of the awarding authority. It is staff's recommendation to consent to bid relief for Converse Construction. Staff recommends that the Board of Supervisors award the Contract for the Hill Road Correctional Facility Backup Generator Project to G.D. Nielson Construction, Inc. in the amount of $507,456.00 and authorize the Chair to sign the agreement and notice of award.

A) Approve Bid Relief for Converse Construction for Bid No. 22-08, Hill Road Correctional Facility Backup Generator Project; B) Award Bid No. 22-08 to G.D. Nielson Construction, Inc. in the amount of $507,456.00 and authorize the Chair to sign the Agreement and Notice of Award

The Lake County Sheriff's Office was contacted by Juneko Steele, who wished to provide a donation of $65,000 for the purchase of a K-9 vehicle and K-9 prisoner transport insert equipment. On May 17, 2022, Chevrolet opened their acceptance of 2023 Chevrolet Tahoe PPV fleet sales for one day. They stopped accepting orders due to consumer demand and its inability of producing enough vehicles. Sealed bid requests sent to dealers were not accepted due to fleet sales far exceeding available production. Therefore, we were unable to obtain any Tahoe PPV bids for this year. We reached out to Chevrolet's West Coast Law Enforcement and Fire Fleet Sales Manager and we were able to secure a vehicle that suits the needs of the Sheriff's Office K-9 Unit. This vehicle was no longer needed by the original ordering law enforcement agency. The Sheriff's Office requests your Board's approval to purchase one (1) 2023 Chevrolet Tahoe Police Pursuit vehicle (PPV) 4x4 and K-9 prisoner transport insert equipment. This vehicle will be a marked patrol unit assigned to our K-9 Unit and will be used in the enforcement division. This vehicle will be replacing our current K-9 Unit patrol vehicle, which is nearing the end of service life. The Sheriff's Office also requests your Board's approval to waive the competitive bidding process under 38.2 (3) would produce no economic benefit to the County. Please authorize the Sheriff/Coroner or his designee to issue a purchase order in an amount not to exceed $60,000 to Folsom Chevrolet, to be paid from the Sheriff/Coroner budget unit 2201, object code 62.72. The remaining funds will be used for the purchase of a prisoner transport unit. Bids are currently pending on this unit, but we are asking for authorization to issue a purchase order once the bids are received.

(a) Approve Acceptance of Donation from Juneko Steele in the amount of $65,000, to be allocated for the purchase of a 2023 Chevy Tahoe K-9 vehicle and a K-9 prisoner transport insert; and (b) Approve Purchase of one (1) 2023 Chevrolet Tahoe Police Pursuit Vehicle 4x4 from Folsom Chevrolet in an amount not to exceed $60,000 from the Sheriff/Coroner Budget Unit 2201, Object Code 62.72 and; (c) Adopt Resolution to allocate unanticipated revenue for the purchase of K-9 vehicle and a K-9 prisoner transport insert for use by the Lake County Sheriff's Office; and (d) Waive the competitive bidding process under 38.2 (3) as the bidding process would produce no economic benefit to the County; and (e) Authorize the Sheriff/Coroner or his designee to sign the purchase order(s).

The County currently has a HOME Investment Partnerships (HOME) and Community Development Block Grant (CDBG) loan portfolio containing 59 active loans. Each loan requires continuous staff time dedicated to ensuring compliance with Housing and Community Development (HCD) and Department of Housing and Urban Development (HUD) guidelines and regulations. Your Board previously approved the Contract with Adams Ashby for Loan Portfolio Management services on July 7, 2020. This Amendment is necessary because the Contractor has incurred additional expenses related to working with individual borrowers of loans, and the current contract verbiage does not allow for adequate reimbursement. The original Contract was for $45,000, and this Amendment will increase total compensation to a maximum of $50,000.

Approve First Amendment to the Contract between County of Lake and Adams Ashby Group for HOME and CDBG Loan Portfolio Management Services in the amount of $50,000, from July 1, 2020 to December 31, 2022, and authorize the Chair to sign.

(include fiscal and staffing impact narrative): The adopted FY 22/23 budget for CSA #2 Maintenance-Buildings & Improvements includes an appropriation for High Service Pumps for the Spring Valley Treatment Plant. The current High Service Pumps for the Spring Valley Treatment Plant have reached the end of their useful lives and need replacements. Our staff has contacted 4 vendors to obtain quotes, however DXP Turbo was the only vendor who provided a quote. The other vendors required us to hire an independent engineer to design the product at our own cost. DXP Turbo is the only authorized regional distributor in our area and any future maintenance on the pumps would be done locally and not require dismantling and shipping costs. Staff respectfully requests your Board approve the purchase order for the replacement High Service Pumps from DXP Turbo.

(a) Waive the competitive bidding process, pursuant to Lake County Code Section 2-38.2, based on a determination that competitive bidding would produce no economic benefit to the county; (b) Authorize Special Districts Administrator/Assistant Purchasing Agent to issue a purchase order not to exceed $25,000 to DXP Turbo for the purchase of two replacement High Service Pumps.

The Board of Supervisors presents the semi-annual Employee Service Awards for the County of Lake to recognize years of service.

Ceremonial item only. No action to be taken.

Exhibits: 1. Vicinity Map 2. Proposed Rezone Map 3. Draft Rezone Ordinance 4. Proposed Conditions of Approval 5. Planning Commission Staff Report and Packet 6. Planning Commission Hearing Minutes, July 14, 2022 I. EXECUTIVE SUMMARY The applicant is requesting a Rezone to change the zoning of APNs 032-181-02 and 03 from CH-DR (Highway Commercial - Design Review) to C2-DR (Community Commercial) in order to allow retail sales of commercial cannabis. No change is needed to the General Plan designation since both existing and proposed zoning districts have the same General Plan designation (Community Commercial). The Planning Commission approved a recommendation of approval of the proposed rezone to the Board of Supervisors during a public hearing at their July 14, 2022 meeting. Applicant/owner: Daniel Sosa Location: 3774 & 3794 E. Highway 20, Nice, CA A.P.N.s: 032-181-02, 032-181-03 General Plan: Community Commercial Zoning - Existing: "CH-DR" Highway Commercial - Design Review Zoning - Proposed: "C2-DR" Community Commercial - Design Review Flood Zone: X School District: Upper Lake Unified School District Fire Protection: Northshore Fire District Figure 1 - Zoning Map of Site and Surrounding Area Figure 2 - Aerial Photo of Site Source: Google Earth Pro Project Setting Existing Uses and Improvements: The site is developed with the Nice Market and Caf�, and a paved parking lot. Water Supply: Public water system Sewage Disposal: Public sewer System Vegetation: Several native oak trees, grasses Surrounding Uses and Zoning: * West: "C2-DR" - Community Commercial - Design Review. The parcel is 0.68 in size and is presently vacant. * North and East: "R1" - Low Density Residential. Small lots mostly containing single family dwellings. The lot to the south across Hudson Avenue is about 0.36 acres in size and is vacant. * South: "CH-DR" - Highway Commercial - Design Review. Small lots containing small businesses and non-conforming dwellings. Several vacant parcels in this area as well. Figure 3 - View of Buildings from Highway 20 Source: Google Earth Pro On July 14, 2022, the Planning Commission recommended approval with conditions of the proposed Rezone (RZ 22-02) and adoption of the Negative Declaration (IS 22-19). II. PROJECT ANALYSIS GENERAL PLAN CONFORMANCE The General Plan designation for the subject site is Community Commercial; this designation applies to properties zoned "CH" and "C2", so no change to the General Plan designation is needed. The proposed rezone would be consistent with the applicable General Plan goals and policies. The area contains a mixture of "C2", "CH" and "R1"-zoned land. Community Commercial The purpose of this land use category is to provide a full range commercial retail and service commercial establishments serving multiple neighborhoods or the entire community. These districts should include or enable a variety of convenience and shopping opportunities. Typical uses that would be permitted include gasoline service stations, hardware stores, eating and drinking establishments, food and beverage sales, public buildings, general merchandise stores, professional offices, and finance offices. Multi-family residential uses are permitted as secondary uses on upper floors of multi-story buildings. This designation is located primarily within Community Growth Boundaries, and may be allowed outside of the boundaries for purposes of expanding existing commercial developments that are already located outside of said boundaries. The applicant intends on changing the zoning in order to sell commercial cannabis, which is not a permitted use in the "CH" zone, but is allowed in the "C2" zone. Following are pertinent sections of the General Plan Land Use Element. * Policy LU-6.1 Diverse Economic Base. The County shall actively promote the development of a diversified economic base by continuing to promote agriculture, recreation services, and commerce... Response: This proposal will have up to six employees who will spend money locally. This in turn will help the local economy by having employees purchase commodities, gas, food and other items from local vendors. * Policy LU-7.4 Contextual and Compatible Design. The County shall ensure that new development respects Lake County's heritage by requiring that development respond to its context, be compatible with the traditions and character of each community, and develop in an orderly fashion which is compatible with the scale of surrounding structures. Response: The immediate area is characterized by small retail uses to the west, and single family dwellings to the north and north-east. Upper Lake - Nice Area Plan Conformance The subject site is within the Upper Lake - Nice Area Plan's boundary. The Plan does not have planning elements that pertain to rezoning land, but has a policy that applies to economic development as follows. * Policy 5.1.1i A high priority should be given to providing service and employment opportunities locally. The project will generate up to six employees once the rezoning occurs and the applicant is able to use the building to sell retail cannabis. Zoning Ordinance Conformance Article 47 - Ordinance Text Amendment and Rezoning Amendment. Certain actions are needed for approving a rezoning per Article 47, subsections 47.24 (a) and (b), as follows: 47.24 Public hearing by the Planning Commission - Recommendation to the Board of Supervisors: (a) After the close of the public hearing, the Planning Commission shall render its final decision of the proposed rezoning amendment. Within ten (10) days of said final decision, the Planning Commission shall transmit its decision in the form of a written recommendation to the Board of Supervisors. Such recommendation shall include the reasons for the recommendation, the relationship of the proposed rezoning amendment to the Lake County General Plan, and a copy of the proposed amendment. Response: The Planning Commission hearing for Rezone RZ 22-02 occurred on July 14, 2022. They approved a recommendation of approval to the Board of Supervisors based on the proposed rezone was consistent with the existing zoning in the vicinity and the current General Plan designation. (b) The recommendation of the Planning Commission shall also be transmitted to the party requesting the rezoning amendment of the zoning ordinance. Response: The applicant was present via zoom at the Planning Commission hearing on July 14, 2022, and is aware of the Recommendation of Approval that resulted by the Planning Commission. Article 19 - C2 Community Commercial Zoning District purpose is to provide a full range of commercial retail and service establishments to communities. The following regulations shall apply in all "C2" districts and all uses shall be subject to development review as set forth in Article 56. 19.3 Uses permitted: The following community commercial uses are permitted: When conducted within a completely enclosed building; when open to the public between the hours of 6:00 a.m. and 12:00 a.m.; when without drive-thru facilities; and when not exceeding a maximum of five thousand (5,000) square feet of gross floor area per use or ten thousand (10,000) square feet of total gross floor area: (o) Retail sales of Cannabis. (Ord. No. 3084, 05/21/2019) Response: The applicant has stated that the reason for the requested rezone is to sell commercial cannabis at the former Nice Market. Retail cannabis sales are not permitted in the CH zoning district, but are a by-right use in the C2 zoning district. * Article 53 - DESIGN REVIEW OR "DR" COMBINING DISTRICT Purpose is to insure aesthetic compatibility between uses, protect and enhance property values, protect scenic qualities, and promote community character through use of community design manuals. This district is intended to be established at the request of an original developer or a substantial segment of the population of an area. Within the "DR" Design Review combining district, all uses of land shall comply with the regulations of the base zoning district and with the additional regulations of "DR" combining district. Response: Since no site improvements are proposed, Design Review is not required. Future site improvements may require design review. III. ENVIRONMENTAL EVALUATION The project request is to rezone the parcels from "CH-DR" Highway Commercial - Design Review to "C2-DR" Community Commercial - Design Review. No development on this project site is proposed or intended. An Initial Study (IS 22-19) was prepared by the County of Lake Planning Department for this project. The review of the Initial Study resulted in a Negative Declaration with no proposed mitigation measures since no site disturbance would result from the rezone. IV. RECOMMENDATION The Planning Commission recommends the Board of Supervisors: A. Adopt Negative Declaration (IS 22-19) for Rezone (RZ 22-02) with the following findings: 1. The rezone will have a "less than significant" impact since the site is developed and no new development is proposed. 2. The project is consistent with land uses in the vicinity. B. Approve Rezone (RZ 22-02) with the following Planning Commission recommendations: 1. Find that this project is consistent with the Lake County General Plan, Upper Lake - Nice Area Plan and the Lake County Zoning Ordinance. V. Sample Motions: Negative Declaration (IS 22-19) I move that the Board of Supervisors find the Rezone (RZ 22-02) applied for by Daniel Sosa on property located at 3774 and 3794 E. Highway 20, Nice, CA further described as APNs: 032-181-02 and 03 will not have a significant adverse impact and that the Board adopts the Negative Declaration (file no. IS 22-19) based on the findings set forth in the memorandum dated September 27, 2022. Rezone (RZ 22-02) I move that the Board of Supervisors find that the Rezone (RZ 22-02) applied for by Daniel Sosa on property located 3774 and 3794 E. Highway 20, Nice, CA further described as APNs: 032-181-02 and 03 does meet the requirements of Section 47.24 of the Lake County Zoning Ordinance and the Rezone be granted subject to the findings listed in the memorandum dated September 27, 2022. N/A

Under provisions of the CSAC Constitution, members of the Board of Directors and alternates are elected by their respective Board of Supervisors to one-year terms of office commencing with the first official meeting of the CSAC annual conference. Any member of your Board of Supervisors is eligible for directorship. Please note that if we do not receive your 2022-2023 nomination, your current Board representative will continue to serve on our Board of Directors. It is important to note that counties have the ability to change Board representatives and/or alternates at any point throughout the year subject to final appointment by the CSAC Executive Committee. Enclosed is a list of current directors, along with a form for use in notifying us of your Board's nomination. See attached memo from CSAC for additional information.

Appoint Board representatives as Director and Alternate to CSAC Board of Directors for 2023.

Hartley Cemetery District: Re-Appointment Larry Caravario

Appoint qualified applicants to the specified advisory board.

As you may be aware, a group of Lake County agencies with climate-focused responsibilities has recently been collaborating to develop an application for the Strategic Growth Council's Regional Climate Collaboratives Program: https://sgc.ca.gov/programs/cace/resources/rcc/ If successful, this grant will fund the Climate Safe Lake project, which includes three critical areas of activity: * Development of a Countywide Climate Action Plan; * Promotion of Bioenergy and BioChar production, to utilize waste woody biomass; and * Capacity development for climate resilience activities in Lake County Further, there is flexibility within these grant awards to use a portion of the funding (15%) toward emergent priorities. Awards will range from $500,000 to $1,750,000. The County of Lake will function as the Managing Stakeholder for this grant, leading a Collaborative with three formal Co-Applicants: North Coast Opportunities (NCO); Scotts Valley Band of Pomo Indians; and Lake County Community Risk Reduction Authority (RRA). Regional Climate Collaboratives funding seeks to support development of social infrastructure to greet climate-focused needs. You will be aware, work to promote collaborative problem solving in this area has been ongoing in earnest in Lake County since 2018 through the RRA. Today, I am asking that our Board (a) Adopt the attached Resolution, enabling the County to submit this grant application, and also (b) authorize a signatory for the Partnership Agreement currently under development in support of the Climate Safe Lake Project.

(a) Adopt the Resolution. (b) Designate a signatory for the Partnership Agreement.

The Board of Supervisors has seen many appeals as of late. In recent experiences, we have seen submittals of documentary evidence submitted to us at the 11th hour too often which typically results in delays and postponement of the appeal process. These delays take up more staff time and can be rather burdensome to those awaiting a final decision on their application. Members of the public who also take time out of their day to attend these appeals are also having their time wasted due to the delays. The Board had discussed, in the past, the idea of setting timelines for when these documents or arguments should be submitted. By having a 96 hour submission timeline prior to a scheduled public hearing, this allows for the Planning Commission or Board of Supervisors ample time to review the documentary evidence or written arguments as well as the public in order to prepare for the upcoming public hearing. This enhances the transparency and efficiency of the appeal process. I am seeking the Board's approval to send this to the Planning Commission for review, since it also changes their appeal process so that all appeals, no matter to which body the appeal is sent to, follow the same rules.

Adopt Resolution of Intention to the Lake County Board of Supervisors to initiate an Amendment to the Zoning Ordinance Relating to Appeals.

This agenda item provides amendments to the Ag-Exempt regulations to not only allow cannabis to access this building type, but also place some updated regulations such as maximum size and height of the buildings, setbacks from property lines, and a coded process on connecting electricity and/or plumbing to those structures. Currently, this ordinance does not provide any restrictions on what an ag-exempt building can be. In reviewing the many rural counties throughout the state of California, all counties provide some form of control on the size and placement of these structures to increase their safety. These restrictions should not be stricter than current ag-exempt buildings that have already been approved and constructed, but provides a framework for future applicants to follow. In addition, temporary ag structures, specifically for dry sheds and storage have been a difficult task to approve with the current code that we have. Therefore, this new addition to the Lake County Code will allow for general purpose tents which typically have a heavy canvas with metal poles as well as shipping containers can be used temporarily ag structures. However, it is limited to 60 days per calendar year and a maximum of 2 years. The intention is to get those using temporary ag structures to obtain and construct permanent ag-exempt structures. This has been reviewed with the Community Development Department which includes the director, chief building inspector, as well as the cannabis manager. It has also been reviewed with the Ag Commissioner and the Executive Director of the Farm Bureau. Air Quality District Director reviewed the amendments as well. Finally, since we are codifying the ability to add electricity, up to 100 amps, in ag-exempt structures I have had many conversations over the course of the last few years with fire districts who would like to see these structures not be exempt from fire mitigation fees. Within the amendment is a change to our fire mitigation fees exemption so ag-exempt buildings will continue to be exempt from the fire mitigation fees if no electricity has been hooked up. This would only be for future construction and does not have any effect on buildings that have already been constructed.

Adopt Resolution of Intention of the Lake County Board of Supervisors to initiate the following Amendments: An Amendment to Chapter 5 of the Lake County Code relating to Permitting Ag-Exempt and Temporary Ag Structures, an Amendment to Chapter 27 of the Lake County Code Regarding Mitigation Fees, and an Amendment to Article 68 of the Zoning Ordinance regarding definitions of Temporary Building Types.

On August 23, 2022, your Board received an email from Elijah House notifying the County that they would cease emergency shelter services after September 4, 2022. In the aftermath of this notification, several community members have raised questions related to the contract and the related obligations. In order to make that determination, I respectfully request that we consider directing staff to retain an independent auditor to review and make a determination as to the contract and funding compliance, appropriations and expenditures.

Direct staff to retain an outside Auditor to review and assess contract and funding compliance, appropriations, and expenditures as it relates to Elijah House.

As your Board is aware, the County of Lake, and many other counties in the state, experience ongoing difficulties with certain decisions of the Pacific Gas & Electric Company (PG&E), particularly those related to PG&E's ongoing removal of trees which it determines present a safety hazard to either its crews or to its electrical equipment. Unfortunately, PG&E's reluctance to make a sustained commitment to remove those felled trees is also ongoing. In the course of her work and commitment to reducing wildfire risk in the County, Supervisor Pyska became aware of attorney Megan Somogyi from the law firm of Downey Brand. Megan Somogyi specializes in the California Public Utilities Commission and California regulated utilities. She assists clients in a broad array of utility-related matters, including wildfires and power shutoff proceedings, utility certification and ratemaking. Ms. Somogyi is well-known for her work on behalf of local governments to improve the manner in which electric utilities conduct wildfire mitigation activities and de-energize their power lines to reduce wildfire risk. As a result of this work, Megan is one of the foremost experts in California on the CPUC's regulation of utility wildfire prevention and proactive de-energization of power lines as it relates to local government emergency management and response. Given Ms. Somogyi' s level of expertise, I would recommend that your Board approve the retention of Ms. Somogyi to assist the County in seeking resolution of the safety issues facing the County as a result of PG&E's failure to remove the significant number of trees it has cut down here, as well as issues the County faces in regard to PG&E's public safety power shut-offs. This level of expertise is not inexpensive as you will see from the attached Engagement Letter, but your Board can certainly place an initial limit on the maximum amount to be expended and/or may wish to consider inviting other counties to join Lake County in this endeavor and to share the cost of these legal services. If your Board agrees to approve the Engagement Letter, you may do so by motion and authorize me to sign. Any conditions, limitations, and/or further instructions may be accomplished by motion as well. It is my understanding that the Administrative Office has agreed to identify a funding source for this item.

Approve Retention of Specialized Legal Services to address PG&E's Wildfire Mitigation Activities and Authorize County Counsel to sign.

With the exception of the State Hydrilla Eradication Program, the Lake County Department of Water Resources is responsible for the administration and permitting of all aquatic weed abatement in Lake County. Private property owners are not allowed to mechanically remove or apply herbicides to aquatic weeds, however they may utilize licensed contractors to perform this work. The Clearlake Oaks Keys Property Owners Association (POA) has submitted an application for the treatment of Primrose within the channels of the Keys, and they have requested a waiver from the fee for the permit. Today's item is for your Board's consideration of that fee waiver.

The Department of Water Resources (DWR), in accordance with the State of California's statewide National Pollution Discharge Elimination System (NPDES), is required to issue permits for all applications of herbicide for the control of aquatic weeds. Our permits require testing of the water before, during and after the treatment, and those test results are used in an annual report the Department must submit for compliance with the NPDES. The permit fees we charge are used to pay for staff to perform the sampling and for the laboratory tests on the water samples, which cost approximately $300 per test. The fee schedule is based on a fixed rate of $0.01 per square foot of treatment area. The POA has proposed a project that treats 30 acres of channels for a total permit cost of $13,068.00. The POA proposes a two-year project, however our permits are issued annually, so they will be faced with the same fees next year.

Staff does not recommend waiving the permit fee, as there is no justification for the granting of this special privilege, and the expenditure of public funds for staff to conduct the inspections and pay for laboratory testing - a requirement of the NPDES permit that cannot be waived - would constitute gift of public funds. Should your Board wish consider alternatives to the fixed rate fee, we will be available to participate as needed.