Board Of Supervisors — Tuesday, October 25, 2022

(a) This item is being submitted as an "extra" agenda item. The justification for this request to consider an item not on the posted agenda is as follows: This item came to my attention subsequent to the posting of the current agenda and there is a need to take action before the next agenda. (b) I am recommending your Board administer the Oath of Office to Governor Appointed District 4 Supervisor, Michael S. Green. Mr. Green is filling the seat vacated by District 4 Supervisor Tina Scott on July 31, 2022.

(a) I request that the Board take action by motion to accept this item for consideration as an "extra" agenda item. (b) Administer the Oath of Office to Governor Appointed District 4 Supervisor, Michael S. Green.

(a) This item is being submitted as an "extra" agenda item. The justification for this request is listed in the attachment. (b) Closed Session Item

(a) I request that the Board take action by motion to accept this item for consideration as an "extra" agenda item. (b)

Proclamation DESIGNATING THE MONTH OF OCTOBER 2022 AS DOMESTIC VIOLENCE AWARENESS MONTH IN LAKE COUNTY WHEREAS, Domestic Violence impacts, women, children and men of all racial, cultural and economic backgrounds; and WHEREAS, emotional and physical scars resulting from Domestic Violence are often severe and long lasting; and WHEREAS, in the past 12 months, Lake County Law Enforcement responded to over 253 incidents of Domestic Violence, including men, women and children. In the past 12 months the Victim Witness Division of the District Attorney's office has served 336 victims of Domestic Violence. Lake Family Resource Center responded to 942 crisis line calls, served victims, and additionally sheltered 116 domestic violence victims and their children for a total of 4,292 bed nights. WHEREAS, it is crucially important to hold perpetrators responsible for assault and to prevent Domestic Violence at every opportunity; and WHEREAS, family violence is a community problem, stopping the cycle requires not only the strength and courage of survivors, but also the support and involvement of all members of the community; and WHEREAS, many organizations such as the District Attorney's Office, Sheriff's Office, Lakeport Police Department, Clearlake Police Department and Lake Family Resource Center are committed to ending Domestic Violence in Lake County and provide essential crisis intervention and prevention services to all members of our community. NOW, THEREFORE, BE IT PROCLAIMED that the month of October 2022 is designated as Domestic Violence Awareness Month in the County of Lake and our community is urged to support the efforts of the agencies assisting victims of domestic violence and to increase their involvement in efforts to prevent domestic violence, thereby strengthening our community and creating an environment which honors, nurtures and protects all members of every family.

Adopt Proclamation Designating the Month of October 2022 as Domestic Violence Awareness Month in Lake County

Resolution 2022-91, adopted on July 26, 2022, declared the Board's intention to amend the Zoning Ordinance relating to the issuance of Early Activation of Use (EA) permits for Zoning Permits, and Minor/Major Use Permits. The Cannabis Task Force and the Planning Commission approved recommendations of rescission of the EA permit language from the Zoning Ordinance. The Board approved the first reading of the draft Ordinance after conducting a public hearing on October 17, 2022. The Board approval was unanimous, allowing this item to be placed on the Consent Agenda for its adoption. The draft Ordinance is included as Attachment 1.

Staff recommends the Board adopt the Ordinance Rescinding Specified Sections of the Lake County Zoning Ordinance Relating to Early Activation of Use Permits.

The adopted FY 22/23 budget for the Road Division of the Public Works Department (Budget Unit 3011) included an appropriation for the purchase of a new chip spreader. Today's item is intended to provide staff with the approval to purchase this piece of equipment. The chip spreader is used by the County Road crews for the placement of chip seal surfacing on county roads. The new machine will replace the 1990 model the county obtained from Sonoma County around 2010. Staff solicited price quotes through Sourcewell, previously known as the National Joint Powers Alliance (NJPA), as well as from vendors outside of that purchasing consortium. The low bid we received was from BearCat Manufacturing for a total price of $438,815.52. This price includes sales tax. Copies of the bids we received, including the machine's specifications, are attached. It should be noted that the majority of the funding for this piece of equipment will come from an allocation of State funds from the Federal Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA). Staff worked with our partners from the Lake County/City Area Planning Council (Lake APC) staff to secure the County's allocated amount of $312,040. The balance of the funding will come from the Road Department Budget.

Staff recommends that the Board of Supervisors approve the purchase of a new chip spreader, and authorize the Public Works Director/Assistant Purchasing Agent to issue a purchase order to BearCat Manufacturing.in the amount of $438,815.52

Proclamation DESIGNATING THE MONTH OF OCTOBER 2022 AS DOMESTIC VIOLENCE AWARENESS MONTH IN LAKE COUNTY WHEREAS, Domestic Violence impacts, women, children and men of all racial, cultural and economic backgrounds; and WHEREAS, emotional and physical scars resulting from Domestic Violence are often severe and long lasting; and WHEREAS, in the past 12 months, Lake County Law Enforcement responded to over 253 incidents of Domestic Violence, including men, women and children. In the past 12 months the Victim Witness Division of the District Attorney's office has served 336 victims of Domestic Violence. Lake Family Resource Center responded to 942 crisis line calls, served victims, and additionally sheltered 116 domestic violence victims and their children for a total of 4,292 bed nights. WHEREAS, it is crucially important to hold perpetrators responsible for assault and to prevent Domestic Violence at every opportunity; and WHEREAS, family violence is a community problem, stopping the cycle requires not only the strength and courage of survivors, but also the support and involvement of all members of the community; and WHEREAS, many organizations such as the District Attorney's Office, Sheriff's Office, Lakeport Police Department, Clearlake Police Department and Lake Family Resource Center are committed to ending Domestic Violence in Lake County and provide essential crisis intervention and prevention services to all members of our community. NOW, THEREFORE, BE IT PROCLAIMED that the month of October 2022 is designated as Domestic Violence Awareness Month in the County of Lake and our community is urged to support the efforts of the agencies assisting victims of domestic violence and to increase their involvement in efforts to prevent domestic violence, thereby strengthening our community and creating an environment which honors, nurtures and protects all members of every family.

Presentation of Proclamation Designating the Month of October 2022 as Domestic Violence Awareness Month in Lake County

On a monthly basis, Lake County Health Services Director, Jonathan Portney, requests an opportunity to update your Board and the public on matters pertaining to health, safety, and well-being of our community. Alternate Public Health leaders may provide Public Health updates contingent upon public awareness need.

No Action, report only.

As you will recall, on July 19, your Board received a detailed update from County staff and representatives of Trane Technologies regarding progress on the N. Lakeport Firemain-Linked Auxiliary Supply Hydraulic Energy Storage (FLASHES) System Projects: https://countyoflake.legistar.com/LegislationDetail.aspx?ID=5725909&GUID=7AACE5F3-444A-4F00-8A0E-683A586D7296&FullText=1 The September 2021 Letter of Commitment noted the project was, "expected to deliver a minimum 12% Internal Rate of Return," in order to be viable for development. County staff and Trane have reached the level of confidence required to necessitate consideration of next steps to develop the projects. Your Board directed staff to develop a Letter of Commitment, authorizing Trane to continue this process. That Letter of Commitment Amendment is attached for your review and public inspection. Staff recommends your Board approve Amendment 2 to the September 2021 Letter of Commitment. X Well-being of Residents x Public Safety x Disaster Prevention, Preparedness, Recovery

Approve Amendment 2 to the September 2021 Letter of Commitment between the County of Lake and Trane Technologies to advance the N. Lakeport FLASHES Energy, Disaster and Climate Change Resiliency Projects

Exhibits: 1. Vicinity Map 2. Proposed Rezone and General Plan Amendment Map 3. Planning Commission Staff Report and Packet 4. Planning Commission Hearing Minutes, August 11, 2022 I. EXECUTIVE SUMMARY The applicant requests a Rezone and General Plan Amendment to change the zoning and General Plan designations of the parcel at 11377 S. Highway 29, Lower Lake, from "C3" (Service Commercial zoning and General Plan) to "C2" (Community Commercial zoning and General Plan). The intent of the applicant is to sell retail cannabis at this location, which is not allowed under "C3" zoning. "C2" zone allows retail cannabis as a by-right use. Staff recommended denial at the Planning Commission meeting on August 11, 2022; due to the potential conflicts of spot zoning; a single parcel zoning district surrounded by other zoning districts. The Planning Commission approved a recommendation of approval however, finding that it would create spot zoning, but that operation of a cannabis retail at this location served the greater public good. Figure 1 - Aerial Photo of Site Source: Google Earth Pro Project Setting Applicant: Valerie Peng Owner: Clayton Creek Storage Location: 11377 Highway 29, Lower Lake, CA A.P.N.s: 049-300-02 General Plan (E): Service Commercial General Plan (P): Community Commercial Zoning (E): "C3" Service Commercial Zoning (P): "C2" Community Commercial Flood Zone: D, Undetermined School District: Konocti Unified School District Fire Protection: South Lake Fire Protection District (CalFire) Existing Uses and Improvements: The site is developed with a 2,000 sq. ft. retail building and a paved parking lot. Water Supply: Public water system Sewage Disposal: Public sewer System. Vegetation: Several native oak trees, grasses Supervisorial District: 1 Surrounding Uses and Zoning: * North, East and South: "C3" Service Commercial-zoned lots developed with a trucking yard located to the north, and a mini-storage to the south. To the east are heavy commercial uses. * West: "A" Agriculturally-zoned lots; partially developed with crops Figure 2 - Existing Zoning of Site and Vicinity Source: Lake County GIS Mapping II. PROJECT ANALYSIS General Plan Conformance The General Plan designation for the subject site is Service Commercial; this designation applies to properties zoned "C3". The area contains a mixture of "C3" Service Commercial zoning and "A" Agriculturally-zoned land and uses. The adjacent lots contain a transportation yard, mini storage and established heavy commercial uses. Service Commercial (existing) The purpose of this land use category is to provide areas suitable for heavier commercial uses within developed areas. Typical uses that would be permitted with appropriate buffer distances include automotive-related or heavy equipment sales and services, building maintenance services, construction sales and services, and warehousing. This designation is located both inside and outside of Community Growth Boundaries. Community Commercial (proposed) 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. The Service Commercial designation is intended for more intensive commercial uses that have less traffic (vehicular and pedestrian) than the Community Commercial General Plan designation would typically have. If this application is approved, the subject lot will be the only Community Commercially-designated lot in this entire vicinity. Zoning Ordinance Conformance 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 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) The main difference between the "C3" and "C2" zoning districts is the intensity of the types of uses allowed. "C3" uses are generally not high vehicle trip generators. "C2" uses are intended for more significant vehicle and pedestrian use, and generally have individual accesses into and out of the use's site. In the case of the subject site, there is no direct access from Highway 29; access is from Clayton Creek Road off of Highway 29 and through other properties to get to the building on the site. Trip Generation. The International Transportation Engineer's manual shows average daily trips for various land uses. Commercial cannabis retail sales are listed within the ITE manual (9th Edition). The trips generated by retail cannabis sales are very high in comparison with other non-cannabis retail: URL: Staff's Recommendation. Staff recommended denial of this action to the Planning Commission, which represents spot zoning, and may have the effect of having uses on the site that are incompatible with the neighboring "C3" zone uses. Planning Commission's Recommendation. The Planning Commission voted to recommend that the Board of Supervisors approve this request during a public hearing on August 11, 2022. The Planning Commission found that rezone would create spot zoning, but that a cannabis retail use at the location will benefit the greater good of the public and the spot zoning was therefore justified. III. ENVIRONMENTAL EVALUATION A CEQA evaluation was performed prior to the department deciding on a recommendation if denial. CEQA evaluations are not required for projects the department recommends for denial, however, should the Board decide to approve the project, an addendum to the Initial Study would be required to address the findings for the land use conflict created by spot-zoning. IV. FINDINGS REQUIRED FOR APPROVAL General Plan Amendment 1. The proposed amendment is consistent with the General Plan and applicable Area Plan. The parcel is currently designated as Service Commercial; the applicant is seeking a rezone from "C3" to "C2", and a General Plan amendment from Service Commercial to Community Commercial. The two designations have different characteristics of the uses that are permitted. Compatibility of uses was a point of concern to staff, who recommended 'denial' due to potential use conflicts due to 'spot zoning unless there are over-riding findings. Staff cannot make a finding that this proposal is consistent with the General Plan. 2. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. Staff's evaluation of the project was to conclude that this action represented 'spot zoning', and that the uses permitted in the "C2" zoning district were not compatible with uses allowed in the "C3" zoning district. The Applicant has made it clear that her intention is to sell retail cannabis at this location. The trip generation characteristics of retail cannabis sales do not fit with the "C3" uses in the vicinity, and vehicles traveling to and from the subject site have to pass through established "C3" uses to access the site. Trip generation data is provided under the finding for "3" below. 3. This project will not result in any significant adverse environmental impacts. The uses permitted in the "C2" zoning district include retail uses that are oriented primarily toward high volume vehicular uses and pedestrian use, such as restaurants, cafes, offices, drive-through uses, and so forth. The uses allowed in the "C3" zoning district are less vehicle intensive, and do not encourage pedestrian access in the same manner that typical "C2" zoning allows. The "C3" Service Commercial areas may also allow for uses that could be objectionable due to noise, offensive odor, smoke, dust, bright lights, vibration, or unusual traffic, or involve the handling of explosives or dangerous materials. It is due to the potential negative impacts that "C3" Service Commercial is located away from central business districts. According to the ITE Manual, 9th Edition, retail cannabis sales generate about ten times the amount of daily trips that are generated by more traditional retail uses, and about five times the amount of traffic generated by pharmacies. While the use of the building for retail cannabis sales is not under consideration, the applicant has made it clear at the Planning Commission hearing that her intent was to market local cannabis products at this location, which she cannot do under the current zoning of the property. CEQA requires analysis of all reasonably foreseeable development or project components that may occur on-site in the future. The Negative Declaration did not evaluate potential trips associated with the cannabis retail use on the site, and may not be sufficient in terms of traffic-related impacts and mitigation measures that otherwise might be necessary. Rezone 1. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan, Lake County Zoning Ordinance and any approved zoning or land use plan. Staff was not able to make a finding that this project, with the intended use, is in conformance with the applicable provisions and policies of the General Plan due to the different characteristics of uses permitted in the Service Commercial designation versus the Community Commercial designation. The Planning Commission made a finding that the project would create spot zoning conflict, however they determined that retail sale of cannabis at this location fills a community need that overrides the avoidance of spot zoning. 2. This project will not result in any significant adverse environmental impacts. The Negative Declaration (IS 22-20) did not evaluate vehicle trips associated with retail cannabis sales or conflicts in land uses. Nor did it include analysis of the conflict with spot zoning. Environmental analysis is not required for projects which the department recommends denial. Initial Study 22-20 was performed prior to the department's recommendation of denial and would require amendment and recirculation to analyze the traffic impacts and Code conflicts, should the Board intend to approve the project. RECOMMENDATION Denial: If the Board decides to deny this action, staff recommends the Board of Supervisors: 1. Find that this action represents "spot-zoning." 2. Find that "spot-zoning" is discouraged in California due to the potential for land use conflicts. 3. Find that this project is not consistent with the Lake County General Plan. Approval: If the Board decides to approve this action, staff recommends the Board of Supervisors: 1. Acknowledge that this action represents "spot-zoning." 2. Provide staff with findings that supersede creation of a spot zoning conflict. 3. Direct staff to amend the draft Initial Study to include these findings and to address the traffic conflict. 4. Direct staff to return to the Board of Supervisors after the amended Initial Study has completed its review period. ____________________________________________________________________________ N/A Sample Motion (denial): Rezone (RZ 22-01) and General Plan Amendment (GPAP 22-01): I move that the Board of Supervisors find that the Rezone (RZ 22-01) and General Plan Amendment (GPAP 22-01) applied for by Valerie Peng on a property located at 11377 Highway 29, Lower Lake, further described as APN: 049-300-02 does not meet the requirements of Section 47.22 and Article 19 of the Lake County Zoning Ordinance; and the Rezone and General Plan Amendment be denied subject to the findings listed in the Memorandum dated October 25, 2022. Sample Motion (approval): Rezone (RZ 22-01) and General Plan Amendment (GPAP 22-01): I move that the Board of Supervisors acknowledges that this action, RZ 22-01 and GPAP 22-01, applied for by Valerie Peng on property located at 11377 Highway 29, Lower Lake, further described as APN: 049-300-02 represents spot-zoning, however the findings provided to Staff by the Board supersede creation of a spot zoning conflict; and staff shall amend the draft Initial Study to include these findings and to address the traffic conflict; and return to the Board of Supervisors after the amended Initial Study has completed its review period for consideration by the Board in a noticed public hearing.

On September 22, 2022, your Board held a budget public hearing for Fiscal Year 2022-2023. During the Administration presentation, staff was directed to develop a plan to create an economic development and housing division or other plan to authorize additional staff dedicated to economic development and housing programs. In reviewing the Administration's current structure and pending vacancy with the departure of the Tax Administrator on January 2, 2023, staff proposes the following recommendation: 1 - Deputy County Administrative Officer - Housing (New Position) 1 - Management Analyst (Reassigned) 1 - Deputy County Administrative Officer - Economic Development (Tax Administrator and part-time Deputy County Administrative Officer converted to a Deputy County Administrative Officer) 1 - Management Analyst (New Position) * Total Estimated Annual Cost: $ 219,827 (excludes benefits) Funding for these positions is currently identified in the American Rescue Plan Act allocation. Additional details related to the proposed program positions: HOUSING PROGRAM(S) Deputy County Administrative Officer - Housing (New Position) - Develop a Housing Opportunities Master Plan, effectively build relationships with prospective clients, partners and investors, work effectively with internal departments as needed and develop policies and programs to accelerate housing development within all phases including pre-development, construction and stabilization, lead housing development initiatives that include housing developers and non-profit organizations on projects that will create workforce/essential housing and affordable housing for rental, homeownership and rehabilitation, ensure compliance and monitoring of grants and loans including loan origination, underwriting and closing, create relationships with business community, local non-profits, schools, state and county agencies and other partners. Administrative Analyst (Existing Position Reassigned) - Provides administrative support to DCAO - Housing including data collection, monitoring and assessing the housing needs and post project data; grant and loan management, develop and maintain literature and webpage content; and perform necessary administrative functions required to implement a Housing Opportunities Master Plan. Program may begin upon approval by the Board of Supervisors. ECONOMIC DEVELOPMENT PROGRAM(S) Deputy County Administrative Officer - Economic Development (Convert Tax Administrator and half-time Deputy County Administrative Officer into one position). - Develop an Economic Development Strategic Plan, direct and oversee initiatives to retain and attract businesses, work with other departments and outside agencies to provide incentives and facilitate consideration and approval of new and existing development projects; perform community outreach, consensus building and marketing of complex projects; conduct research, analysis and perform studies regarding underutilized properties for future purchase, lease or development; serve as Ombudsman to the business community while coordinating with developers, business and property owners to enhance economic opportunities. Administrative Analyst (New Position) - Provides administrative support to DCAO - Economic Development including the data collection, monitoring and assessing the economy and local business climate and post project data; grant and loan management; develop and maintain literature and webpage content; and perform necessary administrative functions to implement an Economic Development Strategic Plan. Program may begin after January 2, 2023.

Direct staff to a) Begin the process of developing the new program positions and conversion of an existing position; and b) Develop the necessary documents for the Board's approval to allow for additional personnel dedicated to the Economic Development and Housing Programs.

On August 30, 2022, your Board approved Resolution No. 2022-109 designating the Board of Supervisor's Chair and the County Administrative Officer or designee to execute documents to request and obtain funding and technical assistance for facilitating the Broadband Fiber Network Design Project in Lake County for an amount not to exceed $500,000 and a letter of support for the Local Agency Technical Assistance (LATA) program. The LATA Fund ($50 Million) - provides to eligible local agencies (including counties) 100% of pre-deployment project costs that advance the deployment of broadband infrastructure. In coordination with Rural County Representatives of California (RCRC) and the Golden State Connect Authority (GSCA), the County of Lake applied for broadband pre-deployment funding that includes a feasibility study to identify the unserved and underserved areas of Lake County resulting in a high-and low-level network design project for an amount not to exceed $500,000. On October 19, 2022, the County received the Grant Award Letter from the California Public Utilities Commission notifying the County of the award equaling $500,000. The next step includes accepting the grant by entering into a Memorandum of Understanding (MOU) with the Golden State Connect Authority. After which, the GSCA will enter into an MOU with the contractor(s) (Exhibit 1 - MOU Template). Once the MOU(s) are executed, and upon completion of services invoiced and final review prior to authorization of payment(s), the County will reimburse GSCA for the services provide for the Network Design Project. Staff recommends approval of the Memorandum of Understanding with the Golden State Connect Authority to provide the County with 1) assistance in preparing and submitting any necessary reports and payment requests to the California Public Utilities Commission in accordance with the terms of the grant and 2) assume full responsibility for performance of the grant-funded work and compliance with the terms of the approved grant.

Approve Memorandum of Understanding between the County of Lake and the Golden State Connect Authority to engage consultant(s) and implement the Local Agency Technical Assistance Grant by undertaking responsibility for performance of the grant funded work and authorize Chair to sign.

At the request of the Sheriff's Department, Human Resources staff conducted Meet and Confer with Lake County Correctional Officer Association to discuss the rotation on full time special assignments. The purpose of the rotation is to spread the knowledge and experience of deputies working in the assignments back to the teams in floor operations while allowing other deputies an opportunity to experience full time specialty. The attached aside letter (already signed by LCCOA) reflects the terms agreed to during the Meet and Confer process.

Side Letter to the Lake County Correctional Officer Association Memorandum of Understanding October 21, 2021 - June 30, 2025

Lakeport Fire Protection District: Reappointment Applicant: William Gabe Lucerne Area Town Hall Applicants: Christopher Blake Carreon Melanie Lim Lower Lake Cemetery District Applicant: Majella Wilhelm

Appoint qualified applicants to the specified advisory board.