Board Of Supervisors — Tuesday, December 13, 2022

See attached Proclamations.

a) Adopt Proclamation Commending Michelle "Micki" Dolby on Her Retirement after Over 16 Years of Service to the County of Lake; and b) Adopt Proclamation Commending Sheriff-Coroner Brian Martin for His 15 Years of Service to Lake County; and c) Adopt Proclamation Commending Treasurer-Tax Collector Barbara Ringen for Her 32 Years of Service to Lake County; and d) Adopt Proclamation Commending County Clerk/Auditor Controller Cathy Saderlund for Her 41 Years of Service to Lake County

COMMENDING CLEARLAKE POLICE CHIEF ANDREW WHITE FOR HIS OUTSTANDING COMMITMENT AND IMPACT TO LAKE COUNTY WHEREAS, Chief Andrew White came to Lake County from Suisun City to start his position as Police Chief for the City of Clearlake on July 30, 2018; and WHEREAS, before ever serving the City of Clearlake, Chief White was serving alongside with county partners to provide assistance on the Mendocino Complex fire in the Lakeport area, starting even before his planned starting date with the City of Clearlake; and WHEREAS, Chief White has approximately 20 years of experience working within law enforcement divisions, from working as a dispatcher for Napa Police Department and climbing up the ranks to become Commander for the Suisun Police Department, to being recruited as the Police Chief for the City of Clearlake in 2018; and WHEREAS, Chief White has a Bachelor's Degree in both IT and Organizational Management, and he demonstrated his skills immensely in changing the efficiencies of the department; and WHEREAS, Chief White enhanced Animal Control in the City of Clearlake with new software, new facilities, and now a contract North Bay Animal Services; and WHEREAS, Chief White boosted the efficiency and success of Code Enforcement with tracking software, tax intercept, and modernized ordinances to give teeth to the much needed enforcement of municipal code around the City of Clearlake; WHEREAS, Chief White provided added communication abilities for his officers out on the field by working with local agencies private and public to place antennas in particular areas in order to ensure the safety of his officers throughout the 10+ square mile area of the City of Clearlake; and WHEREAS, Chief White brought in new technology for training for purposes of de-escalation and better understanding how to deal with persons who may have disabilities or mental health issues; WHEREAS, Chief White has changed the culture of the department for the better and set a new standard for the integrity of the police department and leaves the department having raised the bar of all residents expect from their police department. NOW, THEREFORE, BE IT PROCLAIMED that the Board of Supervisors of the County of Lake does hereby commend Chief Andrew White for his hard work and steadfast commitment to making Clearlake a safer and cleaner community and to his partnerships with all other law enforcement agencies in Lake County. May your ambitions, experience, and intellect continue to help you reach your goals and make your dreams come true. You have left an impact on us all. The Board of Supervisors wish you and your family the best in all future endeavors. PASSED AND ADOPTED this 13th day of December 2022.

Adopt Proclamation Commending Clearlake Police Chief Andrew White for His Outstanding Commitment and Impact to Lake County

The California Department of Forestry and Fire Protection found that its aerial and group surveys in Napa and Lake County revealed widespread conifer mortality leaving trees vulnerable to insect attacks and fire damage. On March 28, 2022, Governor Newsom issued Executive Order No. 7-77, that states the ongoing drought will have significant immediate impacts on communities. In response, the Lake County Risk Reduction Authority created the Lake County Tree Mortality Task Force established to investigate and address the extensive tree mortality in the County caused primarily by wildfire, drought and insect damage. The Lake County Tree Mortality Task Force members have attended several presentations from individuals with considerable expertise in both entomology and tree mortality, including Forest Advisor Dr. Michael Jones, an entomologist from University of California Cooperative. The overriding message was that failure to actively address tree mortality could result in the potential loss or degradation of forest habitats and associated ecological impacts, including the impact of wildlife, water and soil. And as such, create dangerous wildfire conditions that also threaten the safety of persons and property and will likely extend beyond the capacity of public safety services, personnel, equipment, and facilities of this County. This Resolution requests the following actions from Governor Newsom; 1) Proclaim a State of Emergency in Lake County and other afflicted areas of the State, 2) Seek designation of tree mortality areas within Lake County and other afflicted areas of the State under Section 8204 of the Agriculture Act of 2014 and seek additional Federal program support; and 3) Request a Presidential Declaration of Emergency or Major Disaster for this emergency.

Approve Continuation of Proclamation of the Existence of a Local Emergency Due to Pervasive Tree Mortality

(include fiscal and staffing impact narrative): I am requesting our Board consider the recently drafted Bylaws of the Lake County Agriculture Advisory Committee. The Bylaws were adopted by the committee on December 5, 2022.

Approve the Bylaws of the Lake County Agriculture Advisory Committee.

Lake County Animal Care and Control is open Monday through Saturday and closed for any observed holidays. When Animal Care and Control is open on Saturdays, we use 900hr extra help staff to facilitate redemptions and stray intakes. When Lake County Animal Care and Control is closed for the extended holidays, we see a large increase in the amount of calls, intakes, redemptions, and adoptions for the next few days we are open. Due to our weekend staff consisting 900hr extra help allocations, we will have difficulty properly staffing the Saturday without utilizing more 900hr staff hours and overtime for permanent employees. Lake County Animal Care and Control will be open Friday December 30th with full staff to assist the public as needed and will have full staff available on Tuesday January 3rd after the New Years holiday.

Approve closure of Lake County Animal Care and Control for Saturday, December 31st, 2022, to observe the County Winter Holiday.

Assembly Bill 361 was enacted on September 16, 2021. Assembly Bill 361 authorizes the County to use teleconferencing for public meetings without following certain requirements of the Brown Act. Assembly Bill 361 essentially continues, with some limitations, the ability of local governments to meet virtually during a state- proclaimed State of Emergency as local governments have been authorized to do pursuant to Executive Orders of the Governor. On September 28, 2021, your Board adopted the attached Resolution whereby you made findings authorizing teleconferenced meetings to continue. Every 30 days during the proclaimed State of Emergency and/or the period during which state or local officials have imposed or recommended social distancing measures, the legislative body acting under the teleconference exemptions must make findings as to whether the circumstances explained above still apply. The legislative body must find that it reconsidered the circumstances of the State of Emergency and that one of the following circumstances exist: - The emergency continues to directly impact the ability of members to safety meet in person; OR - State or local officials continue to impose or recommend measures to propose social distancing." (Gov. Code sec. 54953(e)(3).) Your Board may make those findings by motion and continue to allow teleconferenced meetings pursuant to AB 361 and the Resolution previously adopted. If your Board cannot make these findings by majority vote, then it will no longer be exempt from the physical public access, quorum, and public comment opportunity rules applied to teleconferenced meetings under subsection 54953(b)(3).

Approve Continuation of Resolution Authorizing Teleconferenced Meetings during a State of Emergency Continue to Exist

The attached resolution titled "Resolution Accepting Official Canvass of the General Election held on November 8, 2022" and the elections officials certification of the official canvass of the election results and the results of the 1% manual tally of randomly selected voting precincts with the official Statement of Votes is being submitted for your Board's approval pursuant to Section 15372 of the California Elections Code.

It is recommended that the Lake County Board of Supervisors (a) Adopt "Resolution Accepting Official Canvass of the General Election held on November 8, 2022"; and (b) Accept the "Certification of County Elections Official of Results of the Official Canvass of the Election Returns" with the official Statement of Votes prepared by the Registrar of Voters office.

(include fiscal and staffing impact narrative): The declaration was declared on March 9, 2020, by then Public Health Officer Gary Pace, due to the introduction of COVID-19 into the County of Lake. California Health and Safety Code Section 101080 provides authority for the Health Officer to issue a declaration of local health emergency. The authority to discontinue the local health emergency rests with your Board. As your Board is aware, the local health emergencies for all of the wildfire disasters since 2015 have continued well beyond the threat of the immediate disaster. The emergencies are continued during the months following to enable the County's claiming of disaster costs to FEMA and to CalOES, as applicable. County Disaster Finance staff have not been able to get a definitive answer from FEMA regarding the impacts of discontinuing the local health emergency and recommends that as long as we continue to incur and claim costs relating to COVID, that the local health emergency remain active. There are no COVID-related local restrictions associated with the local health emergency, so while the declaration can remain in place to ensure recovery of associated costs, there is no impact on the public by having it continue. Finally, in checking with other counties regarding their comparable declarations, the vast majority responding indicated they are continuing their local health emergencies for the reasons described herein and in fact, many have tied their local health emergencies to the State of California, meaning that when the State terminates its local health emergency, the counties will follow suit.

Approve Continuation of a Local Health Emergency Related to the 2019 Coronavirus (COVID-19) as Proclaimed by the Lake County Public Health Officer.

See attached proclamation.

Approve Continuation of a Local Emergency due to COVID-19.

Pursuant to Chapter 6, Article 1 of the Lake County Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when Lake County is affected by, or likely to be affected by a public calamity and the Board of Supervisors is not in session. During the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the County shall be those prescribed by state law, and by ordinance and resolutions of this County, approved by the Board of Supervisors, and by the Lake Operational Area Emergency Operations Plan, as approved by the Board of Supervisors. On April 21, 2021, the Governor of the State of California proclaimed a State of Emergency for the Counties of Sonoma and Mendocino due to extremely low reservoir levels and drought conditions. Inasmuch, Lake County water table levels are at significantly to critically low levels and are being continuously monitored. Based upon low water levels, the County may have to consider measures to address the water shortages. These measures may include taking steps to conserve water by practicing water conservation efforts, including, but not limited to repairing leaking plumbing, limiting non-essential watering, limiting car washing, filling bathtubs halfway or less, using high-efficient appliances, reducing shower times, only washing full loads of laundry, turning off water when brushing teeth or shaving, planting drought resistant landscaping and implementing other practices that reduce water consumption. Short or long-term solutions are costly; however, the County may be eligible for State or Federal assistance should the need arise to address drought issues if conditions persist. Therefore, the declaration of an emergency will allow the County to qualify for funding that has been specifically set aside for drought relief purposes. Programs within the State focus on ground water management, conservation and recapture/recycle initiatives. By declaring a local emergency, the County is taking a pro-active approach to address drought related disaster issues. In addition, with the adoption of a proclamation declaring a state of local emergency, State law requires the Board of Supervisors to review the status of the emergency at least once every 30 days.

Approve the Continuation of a Proclamation of Emergency Declaration for Drought Conditions.

On June 2, 2015, the County of Lake entered into an agreement with Quincy Engineering to provide preliminary and final design, environmental services, right of way, bidding and construction assistance services in order to replace the St. Helena Creek Bridge at Wardlaw Street (14C-0035) and rehabilitate the Cooper Creek Bridge at Witter Springs Road (14C-0102). We have prepared the attached information in support of a contract amendment for the subject projects. This amendment request focuses on the contract changes that are necessary to complete the NEPA and CEQA activities (Phase 1 Tasks as identified in the contract) for the St. Helena Creek Bridge at Wardlaw Street Replacement Project. Our current contract is scoped for both phases 1 and 2, through final design and bidding tasks. Only Phase 1 has been authorized to date, and the following changes have been identified that will require a contract amendment to phase 1 tasks: 1. Changes to the APE resulting from refinement of the design details. The APE limits were modified in 2019, after some of the field work and technical studies had been performed. Additional field work and revisions to the technical studies are required. In addition, the previous work will be updated based on the latest field conditions. The attached scope of work details which studies will be revised. 2. Additional budget is needed to complete bridge design as escalation and project duration have greatly exceeded the original contract and subsequent amendments. Delays to the project have occurred as a result of fire events in the project area and county and due to Caltrans review and modifications required environmental technical studies. 3. A stormwater control plan summarizing project impacts to water quality will be developed under a new sub-task. As will a temporary creek diversion memo and design. Both of these subtasks were added to support NEPA/CEQA activities during phase 1. Attached are a detailed scope of work and cost proposal for this phase 1 contract amendment. Staff has reviewed Quincy's request for Amendment 4, consulted with Caltrans, and found the request justifiable. Amendment Four increases the engineering cost for this project by $127,276.46.

Staff recommends that the Board of Supervisors approve Amendment Four to the Agreement for Engineering Services for Replacement of St. Helena Creek Bridge at Wardlaw Street (14C-0035) and Rehabilitation of Cooper Creek Bridge at Witter Springs Road (14C-0102) with Quincy Engineering, Inc., and authorize the Chairman to execute said Amendment.

The annual National Association of County Engineer's (NACE) Conference is being held in Orange Beach, Alabama the Spring of 2023, and I am respectfully requesting your Board's authorization to attend. As a national conference, County Engineer's from throughout the nation will be in attendance to learn about and discuss a variety of important and timely topics, including: the latest pavement restoration techniques, infrastructure funding, impacts on construction due to environmental protections, disaster recovery, storm-water quality, and many others. The 3-day program will include presentations on: Bridge Construction, Construction Management, Pavement Surfacing and Preservation, Innovative Technology, Emergency Management, Facilities and Fleet/Asset Management, Local Road Safety Plans, Solid Waste and Storm Water Control, Professional Development and Federal Legislation. All of these topics are pertinent to our operation, and in addition to expert presentations, the conference provides the opportunity to talk to other County Engineers about their experiences. Finally, the NACE 2024 Annual Conference is being hosted by California, and the County Engineer's Association of California (CEAC), an organization of which I am an active member, will be the sponsor of that event. I am on the working group that is coordinating the 2024 NACE Conference and this trip will provide full access to the inner-workings of the conference operation by working with our counterparts from Alabama. Pursuant to the County of Lake Travel Policy 15-1.3(D), I respectfully request your Board's approval of my out of State travel to attend the National Association of County Engineers Conference in Orange Beach, Alabama.

Approve Out of State Travel for the Public Works Director from April 15-20, 2023, to Orange Beach, Alabama.

On October 18, 2022, your Board approved the purchase of six (6) vehicles for the Central Garage Fleet, two of which were utility vehicles provided by Watsonville Fleet Group. Staff was recently advised that the State's pricing sheets were revised around the time we were obtaining approval for the purchase, and the vendor cannot honor the quoted prices for the vehicles, which was $28,899.91. Adjustments to the State contract prices are not unusual. In fact, the State allows for quarterly modifications to their contract prices in order to respond to market fluctuations and supply issues. The vehicles in question are Ford Bronco Sport's, and staff has confirmed that the vendor still has the contract with the State for this vehicle. Staff has also investigated other vehicle options, however no less-expensive alternatives are available. The revised price quote is attached to this memorandum.

Staff recommends that the Board of Supervisors approve Purchase Orders for the purchase of two (2) vehicles for the Central Garage Fleet at the revised price of $32,950.85 per vehicle, and authorize the Public Works Director/Assistant Purchasing Agent to issue purchase orders through the Statewide Bid Contract to the Watsonville Fleet Group for the amounts shown in the attached quotation.

The Sheriff's Department requests your Board's approval of the attached Department of Boating and Waterways financial aid application for Fiscal year 2023/24. This application is due to the State by December 31, 2022. A minute order authorizing Sheriff Brian Martin to sign the document is required. Subvention monies from the State, along with County Boat Taxes are utilized to fund the Sheriff/Marine Patrol budget 2205. The current boat tax information was unavailable at the submission of this agenda item and will be adjusted when the information becomes available. General fund monies would need to be used to cover staffing costs if these funds were unavailable.

Approve the Department of Boating and Waterways 2023/24 Application for Financial Aid in the amount of $539,085.17; and authorize the Sheriff to sign the application and the Chair to sign the resolution.

The US Department of Homeland Security is providing funding through the Homeland Security Grant Program. This is the thirteenth year this funding has been available. This grant provides monies for agencies to enhance their capabilities to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. The State Homeland Security grant program (SHSGP) has allocated $126,761 for this cycle. These funds can be used for planning for homeland security and emergency operations, the purchase of specialized equipment, training costs and exercises, and the management and administration of these strategies. They can also be used for planning activities associated with vulnerability assessments and the development of security plans and organizational activities Each page of the grant assurances must be initialed in blue ink by the County Administrative Officer. We request your Boards' approval to submit this grant application in the amount of $126,761. Upon grant approval, the funds will be allocated in the Sheriff/Office of Emergency Services budget unit 2704 for fiscal year 2022/23 during the mid-year budget update. There is no cost to the County at this time.

(A) Approve the FY 2022 Homeland Security application in the amount of $126,761, (B) Authorize Sheriff Brian Martin to sign the Grant SubAward Face Sheet, the Authorized Agent document and the Subrecipient Grants Management Assessment form; (C) Authorize County Administrative Officer, Susan Parker to act as the Authorized Agent on behalf of the County to sign the Standard Assurances and initial each page, the Lobbying Certification and the FFATA Financial Disclosure document and (D) Authorize the Chairperson of the Board of Supervisors to sign the Certification of the Governing Body Resolution

The Fiscal Year 22/23 Adopted budget included an appropriation of a U-Rock Utility Camera Van for $275,000 and a Rover X Portable Mainline Camera for $150,000. The Rover X Portable Camera is included in the Camera Van so having two separate appropriations is redundant. Funds were budgeted for Pit Rehabilitation on Lift Station #6 this Fiscal Year; however, costs have come in over the estimated amount and additional funds are needed for the installation of the equipment. The pit rehabilitation will address significant root intrusion, address maintenance issues, and extend the useful life of the Lift Station Pit. The necessary purchase cannot be delayed until the upcoming Mid-Year Budget cycle and current appropriations in Budget Unit 8354 are not sufficient to finance the purchase. Currently there are 4 to 5 sewage lift stations in the Southeast Waste Water Treatment Facility that Special Districts would like to move to a Direct In-Line Pump System that would eliminate the wet well at these locations. There are many advantages to this type of system which include the following: eliminates the wet well and odors, automated self-cleaning with no debris or trash removal, will not clog from wipes, rags, etc. that would clog a traditional lift station, virtually eliminates sanitary sewer overflows from the lift station, minimal maintenance with ability to monitor remotely, no floats or switches (that require frequent cleaning) for operation that can be fouled and faulted by fats, oils and grease, dual pump design provides redundancy should one of the pumps fail or need to be repaired, no hydrogen sulfide gas erosion issues and costs are usually recouped in 2 years. The first of these locations is lift station 6 at Southeast. The OverWatch Direct In-Line Pump System is a patented, proprietary technology that is available only from Industrial Flow Solutions, and has no equal in the industry. Industrial Flow Solutions does not sell directly, but through one of its Authorized Distributors, of which DXP Enterprises, Inc. is the distributor authorized to sell and service in Lake County, CA. We recommend this as a sole source purchase. See attached quote. We ask that your Board waive the competitive bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods and authorized the Special Districts Administrator/Assistant Purchasing Agent to issue a purchase order for procurement through DXP Enterprises, Inc. in the amount not to exceed $297,325.00.

(a) Approve budget transfer allocating money from object code 62.74 to 61.60; and (b) Waive the competitive bid process under Ordinance #2406, Section 38.2 as it is not in the public interest due to the unique nature of goods; and (c) Approve the Special Districts Administrator acting as the Assistant Purchasing Agent to issue and sign a purchase order in the amount not to exceed $297,325.00 to DXP Enterprises, Inc. the Authorized Distributor for the purchase and installation of an Industrial Flow Solutions, OverWatch Direct In-Line Pump Systems Model OW28CP/4VV.

The FY 22/23 LACOSAN-SE Capital Asset Budget includes a combined appropriation of $425,000 for the purchase of a camera van with integrated camera equipment ($275,000 for the purchase of a camera van and $150,000 for the purchase of mainline camera equipment). This equipment will be used in ongoing operations and maintenance and will support the IRWM funded Infiltration & Inflow Reduction project. The equipment will collect data needed to make an analysis and identify the system's problem areas for repair/replacement in areas contributing to infiltration and inflow. Equipment was sourced competitively through Sourcewell's cooperative purchasing contract with Envirosight LLC (contract #120721) and their local dealer U-Rock. The bid is in accordance with the County's purchasing code Section 2-38.4, Cooperative Purchases. Equipment quotes and the Sourcewell cooperative contract with the vendor are attached in the agenda packet. The purchase of the equipment is fully reimbursable through IRWM's grant agreement between the Dept. of Water Resources and Lake County Special Districts (LACOSAN-SE) for Project #2: Infiltration & Inflow Reduction Plan. Staff respectfully requests your Board approve the purchase order for a Ford E450 Camera Van and a Rovver X Portable Mainline Camera.

(Sitting as the Lake County Sanitation District Board of Directors) a) Waive the competitive bidding process, pursuant to Lake County Code Section 2-38.4 Cooperative Purchases; b) Authorize Special Districts Administrator/Assistant Purchasing Agent to issue a purchase order not to exceed $275,000.00 to U-Rock Utility Equipment for the purchase of a Ford E450 Camera Van and a Rovver X Portable Mainline Camera.

Funds were budgeted in the FY 22/23 for Capital Assets in the amount of $9,000 for an all-wheel drive ATV, however the lowest quote for the FY 22/23 budget was for an ATV that is no longer available in the State of California, so additional quotes were obtained for a different model and an additional $1,500 is needed for the purchase. The ATV will be used for maintaining the grounds at the Kelseyville Wastewater Treatment Plant and the upper disposal ponds. The necessary purchase cannot be delayed until the upcoming Mid-Year Budget cycle and current appropriations in Budget Unit 8593 are not sufficient to finance the purchase. Staff respectfully requests your Board approve the Cancellation of reserves and the purchase order for a Polaris ATV.

(Sitting as the Board of Directors of the Kelseyville County Waterworks District #3) (a) Adopt Resolution revising the Fiscal Year 2022-2023 Adopted Budget of the County of Lake by cancelling reserves in Fund 293 Kelseyville County Waterworks District #3 O&M Reserve Designation, in the amount of $1,500 to make appropriations in the Budget Unit 8593, Object Code 785.62-74 Capital FA-Equipment/Other for the purchase of a ATV. (b) Approve the purchase of a Polaris ATV and authorize the Special Districts Administrator/Assistant Purchasing Agent to issue and sign a purchase order not to exceed $10,500 to Twin Rivers Polaris.

The County of Lake created the Lake County Tourism Improvement District (LCTID) by Resolution No. 2018-141 for a five (5) year term which ends on December 31, 2023. The Property and Business Improvement Law of 1994, Streets and Highways Code � 36600 et seq., authorizes the County to renew business improvement districts for the purposes of promoting tourism. The LCTID is a benefit assessment district proposed to continue a revenue source to help fund marketing and sales promotion efforts for Lake County lodging businesses. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses. The renewed LCTID includes all lodging businesses, existing and in the future, located within the boundaries of the cities of Lakeport and Clearlake (cities), and the unincorporated areas of Lake County (County). Lodging business owners decided to pursue renewal of the LCTID in order to continue a revenue source devoted to marketing Lake County as a tourist, meeting and event destination. If renewed, the LCTID would generate approximately $386,000 on an annual basis for promotion of travel and tourism specific to Lake County. TOURISM IMPROVEMENT DISTRICTS Tourism Improvement Districts (TIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the TID fund the TID, and those funds are used to provide services that are desired by and benefit the lodging businesses within the TID. TID benefits: > Funds cannot be diverted for other government programs; > They are customized to fit the needs of each destination; > They allow for a wide range of services; including: destination marketing, tourism promotion, and sales lead generation; > They are designed, created and governed by those who will pay the assessment; and > They provide a stable funding source for tourism promotion. In California, TIDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of a special benefit assessment districts to raise funds within a specific geographic area. The key difference between TIDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TID. MANAGEMENT DISTRICT PLAN The Management District Plan (Attachment 1) includes the proposed boundary of the LCTID, a service plan and budget and a proposed means of governance. The LCTID will include all lodging businesses, existing and in the future, located within the boundaries of the cities of Lakeport and Clearlake (cities), and the unincorporated areas of Lake County (County). The annual assessment rate is three percent (3%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any federal or state officer or employee when on official business; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and stays at a campsite in a unit of the state park system or any facility operated by a local government entity. During the ten (10) year term, the assessment rate may be increased annually by the LCTID Owners' Association upon approval from the Board of Supervisors by a maximum of one half of one percent (0.5%) of gross room rental revenue per year. The total assessment rate may not exceed five percent (5%). The assessment rate may also be decreased, but shall not drop below the initial assessment rate of three percent (3%). Any proposed assessment rate increase or decrease approved by the Owners' Association shall be included in the annual report, and shall not be effective until approved by the Board of Supervisors. The LCTID Board took action on December 7, 2022 to reduce the annual assessment rate to two and one half percent (2.5%). This change will be finalized at the final public hearing. The LCTID will have a ten (10) year life, beginning January 1, 2024, or as soon as possible thereafter, and end ten (10) years from its start date. Once per year beginning on the anniversary of LCTID renewal there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the LCTID. The County and cities will be responsible for collecting the assessment on a monthly or quarterly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the LCTID. The County and cities shall take all reasonable efforts to collect the assessments from each lodging business. The County shall be paid a fee equal to two percent (2%) of the amount of assessment collected to cover its costs of collection and administration. LCTID RENEWAL PROCESS December 13, 2022 RESOLUTION OF INTENTION HEARING Upon the submission of a written petition, signed by the business owners in the renewed LCTID who will pay more than fifty percent (50%) of the assessments proposed to be levied, the Board of Supervisors may initiate proceedings to renew a district by the adoption of a resolution expressing its intention to renew a district. Petition Status: Petitions in favor of LCTID renewal were submitted by 44 lodging businesses, which represent 50.88% of the total LCTID assessment. This majority petition allows the Board to initiate proceedings for LCTID renewal at the December 6, 2022 meeting. December 20, 2022 RESOLUTION REQUESTING CONSENT Upon adoption of the Resolution of Intention, the Board of Supervisors must request consent from all jurisdictions to be included in the renewed LCTID. Consent must be received from the jurisdictions prior to the final public hearing for their jurisdiction to be included in the renewed LCTID. December 14, 2022 NOTICE The 94 Law requires the County to mail written notice to the owners of all businesses proposed to be within the LCTID. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest LCTID renewal. January 24, 2023 PUBLIC MEETING Allow public testimony on the renewal of the LCTID and levy of assessments. No Board action required. February 7, 2023 FINAL PUBLIC HEARING If written protests are received from the owners of businesses in the renewed LCTID which will pay more than fifty percent (50%) of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Board. If the Board, following the public hearing, decides to establish the renewed LCTID, the Board shall adopt a resolution of formation.

Adopt Resolution declaring the intention to renew the Lake County Tourism Improvement District and scheduling a public meeting to be held on January 24, 2023 and a final public hearing to be held on February 7, 2023

Lake County Sanitation District (LACOSAN) is proposing a rate increase to the current rates for the Middletown Sewer service area. In compliance with California Proposition 218, property owners within the district with active accounts were mailed a letter informing them of the proposed increase. The required public notice was mailed on October 20, 2022 and the public hearing was held more than 45 days later on December 6, 2022. At the close of the public hearing a majority protest was not established and the Board took action to introduce the rate ordinance. Attached for your consideration is the rate ordinance which was introduced on December 6, 2022 at the conclusion of the public hearing and is presented today for a second reading and adoption.

(Sitting as the Lake County Sanitation District Board of Directors) Approve and adopt the proposed rate ordinance amending section 721(c) of the Sewer Use Ordinance (Appendix A), of the Lake County Code increasing sewer use fees for all properties that discharge to the Middletown Wastewater Treatment Plant excluding Anderson Springs.

On June 23, 2022, the Planning Commission heard Major Use Permit UP 21-14 for Monte Cristo Vineyards, LLC. Because there were only 3 Planning Commissioners present at the hearing, any action taken by the Planning Commission needed to be unanimous. The Planning Commission was not able to reach a unanimous conclusion on whether to approve, deny, or continue the item. The Planning Commission first voted to 2-1 to continue the project, however, due to the vote not being a unanimous decision, the continuance was not approved. The Planning Commission then voted 2-1 to approve the adoption of a Mitigated Negative Declaration, and due to not being able to reach a unanimous conclusion, the project was denied, and the applicant has appealed the decision of the Planning Commission. I. BACKGROUND The proposed cultivation project will take place on 452.5-acre parcels located at 11250 Cerrito Drive, Clearlake Oaks, California (APNs: 006-007-17, 23, & 30). The total proposed project premises includes approximately 970,680 square feet (sf) of cultivation area and 958,320 sf of cannabis canopy. The cannabis plants will be grown in the existing native soil and cultivated under direct sunlight. The proposed cultivation canopy area will be located within three fenced-in cultivation areas, and improvements with the cultivation area include an 120 sf security center/shed; a 6,000 sf processing and harvesting storage facility on a concrete slab; two (2) 3,000 sf immature plant area/greenhouses; two (2) 120 sf pesticides and two (2) agriculture chemical storage units; five (5) existing groundwater wells; one (1) 20 acre off stream water storage reservoir; an irrigation system using water pumps, polyvinyl chloride (PVC) piping, black poly tubing and drip tape; an existing residence; and an existing metal barn. The cultivation operation will be established within an existing vineyard in the western half of the Project Property. Cultivation areas will be secured with six (6) foot tall wire fences with privacy mesh where necessary to screen the cultivation/canopy area(s) from public view. All water for the cultivation operation will come from the existing onsite groundwater wells and an existing onsite and off-stream water storage reservoir. The project also included the removal of 40-acres of vineyards in order to accommodate for the cannabis cultivation and divert existing water use from the existing agricultural use. Lake County Zoning Ordinance, Article 27, subsections (at) in part regulates cannabis cultivation in the County. The 452-acre property is large enough to support the proposed cannabis licenses; 20 acres per license is required (minimum lot size requirement of 440-acres). The property is pre-enrolled with the Regional Water Quality Control Board. Staff recommended approval of Major Use Permit, UP 21-14, and the adoption of a Mitigated Negative Determination based on the environmental analysis (Initial Study, IS 21-15) with the adoption of the incorporated Mitigation Measures, Mitigation Monitoring Reporting Program (MMRP), and Conditions of Approval. II. APPEAL DISCUSION SEC. 21.58.30 BOARD OF SUPERVISORS APPEALS (c) Required Documents: An appeal shall be accompanied by a written statement setting forth the grounds upon which the appellant asserts there was an error or abuse of discretion by the Planning Commission. (Ord. No. 1897, 12/7/1989) Response: The appeal has been accompanied by a written statement (see Exhibit 02) requesting a hearing before the Board of Supervisors. The appeal recalls the circumstances resulting in a technical denial, as the Planning Commission was not able to continue the hearing to a later date due to a Planning Commissioner voting against the continuance. The Planning Commission then voted 2-1 to approve the project, which resulted in a denial due to lack of a unanimous vote, as only three (3) members of the Planning Commission were present. III. ADDITIONAL INFORMATION In response to the discussion on water use at the Planning Commission hearing, in August of 2021 Realm Engineering prepared an updated Hydrology Study/Report for Monte Cristo Vineyards, LLC's proposed outdoor commercial cannabis cultivation operation. The purpose of this updated Hydrology Study/Report was to provide adequate information regarding the water usage for the proposed cannabis cultivation operation and its impacts to surrounding areas, in accordance with Urgency Ordinance No. 3106 (approved by the Lake County Board of Supervisors on July 27th, 2021). The Project Property currently supports a 128-acre commercial vineyard, and the proposed outdoor cultivation areas would be established within some of the existing vineyard blocks, utilizing infrastructure currently utilized to cultivate grapes. As a result, approximately 40 acres of vines would have been removed to establish the originally proposed cannabis cultivation operation. In August of 2022, Monte Cristo Vineyards indicated that they were willing to remove an additional 18 acres of vineyard in an effort to eliminate any increase in onsite water usage as a result of the proposed cannabis cultivation operation. For further consideration during the Board of Supervisors Appeal hearing and in response to the discussion on water use that contributed to the single denial vote at the Planning Commission hearing, amendments to the analysis were prepared by Realm Engineering dated October 20, 2022 to update onsite water usage estimates for their proposed cannabis cultivation operation. Based on the additional 18 acres of vineyards removed, the analysis states that there will be no increase in water usage on the Project Property as a result of operating the proposed cannabis cultivation operation. Additionally, no new impacts to neighboring wells or surface water bodies are expected to occur as onsite water usage is not increased. IV. ANALYSIS With the exception of the additional water usage, hydrological information and public & agency comments (see Exhibits 03-05), the analysis provided in the attached Staff Report to the Planning Commission still applies to this project, as well as Staff's recommendation of approval (see Exhibit 01 and Attachments 01-07). V. CONCLUSION Staff recommends the Board uphold the Appeal, approving the Mitigated Negative Declaration (IS 21-15) and Major Use Permit (UP 21-14) for Monte Cristo Vineyards, LLC, on the properties located at 11250 Cerrito Drive, Clearlake Oaks, California (APNs 006-007-17, -23, & -30).

Sample Motions: Appeal Approval I move that the Board of Supervisors uphold the Appeal (AB 22-03), approving the Mitigated Negative Declaration (IS 21-15) and Major Use Permit (UP 21-14) for Monte Cristo Vineyards, LLC, on the properties located at 11250 Cerrito Drive, Clearlake Oaks, California (APNs 006-007-17, -23, & -30). Appeal Denial I move that the Board of Supervisors deny the Appeal (AB 22-03), denying the adoption of the Mitigated Negative Declaration (IS 21-15) and Major Use Permit (UP 21-14) applied for by Monte Cristo Vineyards, LLC, on the properties located at 11250 Cerrito Drive, Clearlake Oaks, California (APNs 006-007-17, -23, & -30), and direct County Counsel to prepare Findings of Fact.

See attached Proclamations.

Ceremonial Item Only.

First, on behalf of Lake County Community Risk Reduction Authority (LCCRRA), I want to thank you for your Boards commitment to reducing the probability of disaster events and limiting risk of harm to people and property in Lake County. On Thursday, November 10, 2022, County Administration hosted a meeting to review LCCRRA's Proposed Budget; this was further reported on and discussed at the RRA's Monday, November 21, 2022 Regular Meeting. LCCRRA is looking to continue to grow in its effectiveness in reducing hazard-related risks to Lake County's communities. As your Board will appreciate, this requires understanding of what resources will be available to fund future efforts. Therefore, each member of the Board of Directors has been asked to approach their own governing body and request a financial commitment to support LCCRRA. A $5,000 contribution has been requested from Lake County Watershed Protection District. For your background, a $5,000 contribution is requested from each voting group. Lake County's Tribal Nations, Fire Protection Districts, and Water Districts each are collectively represented by one LCCRRA vote; $5,000, total, is therefore requested from those groups. The Cities of Clearlake and Lakeport, and Lake County Watershed Protection District, each have individual votes; therefore, LCCRRA has requested $5,000 from each of those individual entities. The proposed contribution is needed to help offset a budgetary shortfall of ($24,484.75) in FY 2022-23 while the RRA continues to pursue grant funding.

Approve $5,000 financial commitment to the Risk Reduction Authority.

HHAP Program Background The Homeless Housing, Assistance and Prevention (HHAP) grant program was established by Governor Gavin Newsom's signing of Assembly Bill 101 into law in 2019. The bill, which also authorized the local establishment of low-barrier homeless navigation centers, provided non-competitive and competitive funding to local jurisdictions and Continuums of Care for use towards solving homelessness. Funding Allocations Round 1 of HHAP funding approved in 2020 provided $445,266 and $500,000, respectively, to the County of Lake and the Lake County Continuum of Care. The bulk of funding for both entities was allocated towards the establishment of Lake County's first year-round homeless shelter and navigation center at Clearlake at the county's southeast end which experiences the greatest identified homeless concentration. Eight percent of each allocation was dedicated towards youth homelessness as required. Round 2 funding approved in 2021 provided the County and its CoC with $203,550 and $250,000, respectively, allocated again towards the continuing operation of the homeless shelter successfully established with HHAP Round 1. The HHAP program just completed its third round of local allocations and those funds should be transferred to the county in the very near future. The County of Lake and Lake County CoC allocations in Round 3, respectively, are $569,940 and $610,650. The required youth set-aside this round was increased to ten percent, up from the required eight percent in Rounds 1 and 2. Round 3 also required the adoption of a Homelessness Action Plan, which your Board adopted in June 2022 when it approved the HHAP-3 application. The HHAP-4 funding allocations have not yet been determined, pending HUD certification of this year's Point-in-Time counts. We anticipate the allocations will be announced before the end of the calendar year. The state advises that this HHAP-4 application merely indicate the approximate percentage of received funds to be used towards the proposed activities. Eligible Activities HHAP funding may be utilized towards a variety of programs and projects supporting the ending of homelessness. These uses may include the following: * Rapid rehousing * Operating subsidies for eligible programs and projects * Street outreach * Services coordination * Systems support * Delivery of permanent housing * Prevention and diversion * Interim sheltering (new and existing) * Shelter improvements to lower barriers and increase privacy At least ten percent of the county's allocation must be utilized for programs and/or projects benefitting eligible unaccompanied homeless youth ages 12 through 24. The county will also retain the seven percent permitted for general grant program administration. Proposed Projects Your Board approved the use of HHAP-3 funds in June towards the development of the Collier Avenue project, a multi-family project proposed for Nice which will provide apartments with supportive services to both the chronically homeless mentally ill and the developmentally disabled. The county proposes the HHAP-4 funds be used towards the continued operation of a year-round emergency shelter, reserving the allowed 7 percent of the funding for county administrative activities. Application Approval The HHAP-4 applications were due online on Tuesday, November 29, although jurisdictional approval would be allowed as late as 60 days after that due date. This was because of the state's timing on funding releases and program statute requirements. Therefore, if any application changes are made by your Board due to public comments received at this meeting or your personal decisions, the state will permit revised applications be again submitted. Changes might also be made because of finalization of the local funding allocation.

Approve either the current or the revised application for the HHAP-4 funding, and further authorize the Behavioral Health Services Director to execute the contract and any other documents necessary to secure and utilize this funding.