Board Of Supervisors — Tuesday, December 5, 2023
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To submit a written comment on any agenda item please visit: https://countyoflake.legistar.com/Calendar.aspx and click on the eComment feature linked to the meeting date. If a comment is submitted after the meeting begins, it may not be read during the meeting but will become a part of the record.
Thank you for your interest in this meeting.
1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Consideration of Extra Items Not Appearing on the Posted Agenda
5. Approval of the Consent Agenda
5.1Approve Letter of Support for the 2023-2024 COCO AIM grant application entitled “Lake County Fire Safe Council Capacity Building and CMAT Implementation” project (CBCI) submitted by the Lake County Resource Conservation District (LCRCD) and authorize the Chair to sign
Letter
proposed on consent
Staff memo
Executive Summary
The Lake County Resource Conservation District is requesting a letter of support for the 2023-2024 COCO AIM grant application entitled "Lake County Fire Safe Council Capacity Building and CMAT Implementation" project.
Coalitions and Collaboratives Inc. (COCO), a Colorado-based nonprofit, started the Action, Implementation and Mitigation (AIM) Program to accelerate fire adaptation concepts and reduce the risk from wildfire across the U.S. by increasing capacity and on-the-ground work. COCO funds organizations across the country with a focus on programs and projects that increase communities' ability to overcome barriers to successful community wildfire mitigation, multiply the efforts, achieve quantifiable outcomes, support equitable and inclusive community wildfire mitigation programs across the fence, and support place-based solutions.
Recommended Action
Approve Letter of Support for the 2023-2024 COCO AIM grant application entitled "Lake County Fire Safe Council Capacity Building and CMAT Implementation" project (CBCI) submitted by the Lake County Resource Conservation District (LCRCD) and authorize the Chair to sign.
5.2Approve Public Defender Contract Amendment Number 11 Between the County of Lake and Lake Indigent Defense, LLP for the Purpose of Removing Anakalia K. Sullivan as Partner, and Authorize Chair to Sign
Action Item
proposed on consent
Staff memo
Executive Summary
The County contracts with Lake Indigent Defense, LLP (LID) to provide free legal counsel to indigent defendants as required by the 1963 U.S. Supreme Court case Gideon v. Wainwright. The existing Indigent Defense Services contract expires on June 30, 2024.
As requested by LID, effective December 11, 2023, Amendment Number 11 removes Anakalia K. Sullivan as partner and leaves Thomas Feimer who is severally held to the obligations, terms, and conditions of this Agreement.
Staff recommends approving Public Defender Contract Amendment Number 11 to continue providing indigent defense services.
Recommended Action
Approve Public Defender Contract Amendment Number 11 Between the County of Lake and Lake Indigent Defense, LLP for the Purpose of Removing Anakalia K. Sullivan as Partner and Authorize Chair to Sign.
5.3Adopt Resolution Approving Agreement No. 23-0413-004-SF with the California Department of Food and Agriculture for Compliance with the Sudden Oak Death Quarantine program for the period July 1, 2023, through June 30, 2024, in the Amount of $4,341.69
Agreement
proposed on consent
Staff memo
Executive Summary
I would like to ask the Board to adopt the attached resolution approving the agreement with the California Department of Food and Agriculture (CDFA) for the Sudden Oak Death Quarantine program in Lake County from July 1, 2023, through June 30, 2024. The agreement amount is $4,341.69. The Sudden Oak Death (SOD) Agreement includes enforcement activities in support of the State Oak Mortality Disease Control regulation and State and Federal Quarantines. This will help prevent the introduction of plant pests and diseases that are harmful to agriculture and the environment.
Should the board adopt this resolution, please have the chair sign, and return one copy of the agreement, and one copy of the board resolution and return them to the Department of Agriculture for processing. A signed complete copy will be returned for your records.
Recommended Action
Adopt Resolution Approving Agreement No. 23-0413-004-SF with the California Department of Food and Agriculture for Compliance with the Sudden Oak Death Quarantine program for the period July 1, 2023, through June 30, 2024, in The Amount of $4,341.69.
5.4Approve Resolution of the Board of Education of the Kelseyville Unified School District Ordering an Election to Authorize the Issuance of General Obligation Bonds, Establishing Specifications of the Election Order, and Requesting Consolidation with other Elections Occurring on March 5, 2024
Action Item
proposed on consent
Staff memo
Executive Summary
Attached is a resolution adopted by the Board of Education of the Kelseyville Unified School District ordering a general obligation bond election for March 5, 2024. This election is being ordered under Proposition 39 and requires a 55% vote for passage.
In order to comply with Proposition 39 and related statutes, the Board of Education has adopted a full ballot text to be printed in the ballot pamphlet and an abbreviated form of measure. A copy of the Resolution has been provided to the County Elections Department for purposes of preparing the bond measure for the ballot.
The Board of Education has requested consolidation of this election with others occurring on the same day, and it is acknowledged that the consolidated election will be held and conducted in the manner prescribed in Section 10418 of the Elections Code.
Recommended Action
Approve Resolution of the Board of Education of the Kelseyville Unified School District Ordering an Election to Authorize the Issuance of General Obligation Bonds, Establishing Specifications of the Election Order, and Requesting Consolidation with other Elections Occurring on March 5, 2024.
5.5a) Approve the FY 2023 Emergency Management Performance Grant application in the amount of $138,341; and b) Authorize Sheriff Rob Howe to sign the Grant SubAward Face Sheet, the Authorized Agent document and the Subrecipient Grants Management Assessment form; and 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
Action Item
proposed on consent
Staff memo
Executive Summary
The Sheriff's Department has been awarded the Emergency Management Performance Grant (EMPG) in the amount of $138,341 for FY 2023. These grants have a 100% county match. The EMPG grant will pay a portion of salaries for employees budgeted in 2201 that perform emergency management duties. These employees are certified in the Professional Development Series of Emergency Management and include OES Manager Leah Sautelet, OES Coordinator Willie Sapeta, OES Specialist Alma Perez , Lt. Gavin Wells, and Sheriff/Coroner Administrative Manager Mary Beth Strong. 50% of the time spent on OES duties are reimbursable to the County General Fund.
These monies have been budgeted in the Sheriff/OES budget 2704. The County match has been budgeted in the Sheriff/Coroner budget 2201. Any adjustments will be made during the mid year budget update.
These funds reimburse the Sheriff/Coroner budget 2201 for a portion of salaries for employees in this budget that perform emergency management duties.
Recommended Action
A) Approve the FY 2023 Emergency Management Performance Grant application in the amount of $138,341; B) Authorize Sheriff Rob Howe 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.
5.6a) Adopt Resolution approving the Lake County Sheriff's Office to apply for State of California, Department of Parks and Recreation Off-Highway Vehicle Grant funds and authorize the Lake County Sheriff/Coroner or his designee to sign the Project Agreement; and b) Consideration of a delegation of authority to Lake County Sheriff/Coroner Rob Howe or his designee to execute the attached Project Agreement, Number G23-03-64-L01 and to act as the County’s agent in the negotiation, execution, and submittal of all related documents, including amendments to the Project Agreement and requests for payments
Action Item
proposed on consent
Staff memo
Executive Summary
The Sheriff's Office has applied for and received approval of a grant through the California State Parks Grants and Cooperative Agreements Program for funding its Off Highway Vehicle (OHV) enforcement program. The grant was electronically submitted and now requires your Board's approval of the attached Resolution and Program Agreement. The Project Agreement description is to provide Off-Highway Vehicle (OHV) related Law Enforcement activities within the jurisdiction of the Lake County Sheriff's Office. The activities may include, but are not limited to patrol, barrier installation, maps, search and rescue. The Project may also provide for the purchase of Equipment, Heavy Equipment, materials and supplies as outlined in the Project Cost Estimate. Past grants have allocated Off-Highway (green sticker fees) used as the county match. If no Off-Highway fees are available, the match will utilize county general funds and will be reviewed during the mid-year budget review.
Recommended Action
(a) Adopt Resolution approving the Lake County Sheriff's Office to apply for State of California, Department of Parks and Recreation Off-Highway Vehicle Grant funds and authorize the Lake County Sheriff/Coroner or his designee to sign the Project Agreement and (b) Consideration of a delegation of authority to Lake County Sheriff/Coroner Rob Howe or his designee to execute the attached Project Agreement, Number G23-03-64-L01 and to act as the County's agent in the negotiation, execution, and submittal of all related documents, including amendments to the Project Agreement and requests for payments
5.7a) Waive formal bidding process pursuant to Lake County Code Section 2-38.4 Cooperative Purchase Agreement by the Huston-Galveston Area Council (H-GAC) and, b) Approve the purchase of a Hindsight H-4 Multi-Media Recorder from Exacom and c) Authorize the Sheriff to sign a Purchase Order not to exceed $50,000
Action Item
proposed on consent
Staff memo
Executive Summary
The Lake County Sheriff's Office uses a multi-media recorder to capture radio and telephone audio. Our existing recorder has reached end-of-life and the vendor has been purchased by another company that no longer supports the system and is incompatible with the mandatory rollout of Next Generation 911.
In searching for a replacement recording vendor that was compatible with the current systems used by the Lake County Sheriff's Office; Exacom was identified as the only vendor that is on the United States Defense Information Systems Agency's approved product list, based on Cybersecurity testing completed by the Telecommunications System Security Assessment Program.
Exacom, entered into a Cooperative Purchase Agreement with the Huston-Galveston Area Council (H_GAC) on June 29, 2020, and was extended on June 8, 2023.
Pursuant to Lake County Ordinance 3109 Section 2-38.4, we are requesting a waiver to the formal bidding process due to the unique nature of goods and services provided by the Exacom Hindsight 4 Logging Recorder.
Recommended Action
a) Waive formal bidding process pursuant to Lake County Code Section 2-38.4 Cooperative Purchase Agreement by the Huston-Galveston Area Council (H-GAC) and, b) Approve the purchase of a Hindsight H-4 Multi-Media Recorder from Exacom and c) Authorize the Sheriff to sign a Purchase Order not to exceed $50,000
| Amount Budgeted | 80,000 |
|---|
5.8a) Approve the FY 2023 EOC Grant Program application in the amount of $1,318,133; and b) Authorize Sheriff Rob Howe to sign the Grant Subaward Face Sheet, and the Subrecipient Grants Management Assessment form; and 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
Action Item
proposed on consent
Staff memo
Executive Summary
The California Governor's Office of Emergency Services (Cal OES) provides the EOC Grant Program to build, sustain and enhance emergency operations center (EOC) facilities. 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 FY 2023 EOC Grant Program funds include a Federal Share of $988,600 and a local match of $329,533 for the County of Lake, Sheriff's OES. These funds will be used for the renovation of the existing EOC to enhance capacity. The county match has been earmarked with the use of Cannabis Funding
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 $1,318,133. The funds have been allocated in the Sheriff/Construction budget unit 1785 and any changes will be reviewed during the 2023/24 mid-year budget update.
Recommended Action
(A) Approve the FY 2023 EOC Grant Program application in the amount of $1,318,133, (B) Authorize Sheriff Rob Howe to sign the Grant Subaward Face Sheet, 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
5.9a) Approve the FY 2023 Homeland Security application in the amount of $126,762; and b) Authorize Sheriff Rob Howe to sign the Grant SubAward Face Sheet, the Authorized Agent document and the Subrecipient Grants Management Assessment form; and 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
Action Item
proposed on consent
Staff memo
Executive Summary
The US Department of Homeland Security is providing funding through the Homeland Security Grant Program. This is the fourtheenth 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 $126,762 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 $126,762. Upon grant approval, the funds will be allocated in the Sheriff/Office of Emergency Services budget unit 2704 for fiscal year 2023/24 during the mid-year budget update.
Recommended Action
(A) Approve the FY 2023 Homeland Security application in the amount of $126,762, (B) Authorize Sheriff Rob Howe 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
5.10Approve Delegation of Investment Authority to Treasurer - Tax Collector
Action Item
proposed on consent
Staff memo
Executive Summary
The Board of Supervisors can, pursuant to Government Code 53607 & 27000.1, delegate its investment authority to the County Treasurer on an annual basis. At this time, it is my recommendation that your Board again delegate this authority to the Treasurer - Tax Collector.
Recommended Action
Approve Annual Delegation of Investment Authority to the Treasurer - Tax Collector.
6. Timed Items
6.19:06 A.M. - Public Input
6.29:07 A.M. - Pet of the Week
Presentation
6.39:08 A.M. - Consideration of County Investment Policy
Action Item
Staff memo
Executive Summary
On an annual basis the Treasurer - Tax Collector's office reviews the County Investment Policy and presents recommended changes to your Board of its consideration. Typically, these are non-substantive revisions due to legislative or regulatory changes.
This year there is a substantive policy change recommended regarding voluntary treasury pool participants. The recommendation is to limit the ability to voluntary pool participants to enter and exit the pool.
A copy of the proposed Investment Policy is attached for your review and approval.
Recommended Action
Approve the recommended Investment Policy.
6.49:15 A.M. - Consideration of Submittal of Public Comments in Response to PG&E’s Initial Draft Surrender Application and Conceptual Decommissioning Plan
Action Item
Staff memo
Executive Summary
As you are aware, Pacific Gas and Electric Company (PG&E) released its Initial Draft Surrender Application and Conceptual Decommissioning Plan on Friday, November 17, 2023. This draft plan offers limited detail in many areas that are crucial to Lake County's interests.
A Draft Letter documenting those concerns is attached. It will be submitted directly to PG&E, and, if it is our Board's consensus, can likewise be submitted to the FERC P-77 Docket.
This Letter, as drafted, likewise expresses concern decommissioning without fully accounting for Lake Pillsbury area property owners' concerns, and keeping both area residents and the County of Lake whole, sets a dangerous precedent that should be concerning to all California residents; as detailed in the Letter, there are many points that require greater understanding, and PG&E has yet to demonstrate decommissioning (and disposal of dam materials and management of sediment) can be responsibly managed.
We look forward to discussing our Response as a full Board, and receiving Public Comment, and appreciate the engagement of Lake County residents in this matter.
Recommended Action
Approve Submittal of Public Comments in Response to PG&E's Initial Draft Surrender Application and Conceptual Decommissioning Plan (as written, or as amended)
6.59:45 A.M. - Consideration of Resolution adopting the Lake County Hazard Mitigation plan for the County of Lake
Action Item
Staff memo
Executive Summary
In accordance with State and Federal Requirements (California Natural Disaster Assistance Act and the Federal Disaster Mitigation Act of 2000 (DMA 2000)), the Lake County Sheriff's Office of Emergency Services requests that the Lake County Board of Supervisors accept and adopt the 2023 Lake County Hazard Mitigation Plan (HMP).
The HMP identifies known natural hazards to the County and proposes projects that could mitigate future damage and losses that might occur as a result of the occurrence of the identified hazard. More than fifty (50) projects have been identified to reduce the effect of hazards in Lake County. When mitigation funds become available after a disaster, these projects serve as the basis for an application, which may be eligible for seventy-five percent (75%) of federal funding. A twenty-five percent (25%) local match is required.
The Lake County Sheriff's Office of Emergency Services coordinated and supported the preparation of the update to the HMP. The HMP was prepared by OES Manager Leah Sautelet and includes input from a Board Approved Hazard Mitigation Planning Committee comprised of County staff and representatives of each Supervisorial District; public information sessions; surveys; and, workgroup meetings with stakeholders. Cal OES and FEMA reviewed the Plan and have provided their approval pending the Board of Supervisor's adoption.
Per DMA 2000, hazard mitigation planning is required to be updated every five years. As such, it was last completed in 2018 and will be due again in 2028.
Recommended Action
Adopt resolution adopting the Lake County Hazard Mitigation plan for the County of Lake
6.610:00 A.M. - Public Hearing - (Continued from November 28, 2023) - Consideration of Proposed Negative Declaration (IS 23-03), General Plan Amendment (GPAP 23-01), and Rezone (RZ 23-01) for Reynolds System, Inc., to Change the General Plan Designation of a Portion of the Parcel from Rural Lands to Industrial, and Rezone a Portion of the Parcel from Rural Lands to Heavy Industrial; Location: 18649 CA State Highway 175, Middletown (APN: 013-046-04) (Continued from November 28, 2023)
Public Hearing
Staff memo
Executive Summary
PROJECT DESCRIPTION
The applicant requests a Rezone and a General Plan Amendment for a +145-acre parcel located at 18649 Hwy 175, Middletown. The Planning Commission reviewed this application on September 28, 2023, and approved a recommendation for approval of the Rezone and General Plan Amendment to the Board of Supervisors.
The Project Parcel has been divided into three General Plan land use designations: Rural Lands, which covers most of the parcel; Resource Conservation, which applies to the creek that runs through the middle of the property; and Industrial, located on the lower east side of the parcel. The property has two base zones: Rural Lands and Heavy Industrial. Additionally, there are three overlays in place: Waterway Combining District, Scenic Combining District, and Design Review Combining District.
In 2009 the applicant received approval for a Rezone and General Plan Amendment for the Industrial portion of the property. However, due to an error on the part of the County, the action was recorded in the wrong location. Now, the applicant would like to rectify this mistake and expand the Industrial portion of the property to allow for future expansion of its current use as a manufacturing facility.
On September 28, 2023, the Planning Commission reviewed this proposal. The Planning Commission approved a recommendation for approval of the Rezone and General Plan Amendment to the Board of Supervisors. However, the Planning Commission inadvertently omitted the adoption of the Negative Declaration. The adoption of the Negative Declaration is included in the recommended actions below.
The Board continued this item from its meeting on November 28, 2023, due to an inadvertent omission of posting the draft ordinance. A typographical error on the previous draft zoning map has also been corrected.
Recommended Action
Staff recommends the following actions:
A. Adopt a Negative Declaration (IS 23-03) based on the following findings:
1. The rezoning is consistent with the Lake County General Plan, Middletown Area Plan, and the Lake County Zoning Ordinance.
2. That the uses intended on the subject site is compatible with the existing zoning
3. The project will not result in the conversion of agricultural lands into a land use designation that precludes agriculture uses.
4. The project will not result in the need for increased public services.
5. The rezoning will not result in any significant adverse environmental impact and a negative declaration with no new mitigation measures.
B. Approve the General Plan Amendment (GPAP 23-01) for the following reasons:
1. The amendment is consistent with the Lake County General Plan and the Middletown Area Plan.
2. The project will not result in the conversion of agricultural lands into a land use designation that precludes agricultural uses.
3. The project will not result in any significant adverse environmental impact, a negative declaration has been adopted.
4. All existing General Plan designations will remain unchanged.
C. Approve Rezone (RZ 23-01) for the following reasons:
1. The rezoning is consistent with the Lake County General Plan, Middletown Area Plan, and the Lake County Zoning Ordinance.
2. That the use intended on the subject site is compatible with existing zoning.
3. The project will not result in the conversion of agricultural lands into a land use designation that precludes agricultural uses.
4. All existing combining districts will remain unchanged.
5. The project will not result in any significant adverse environmental impact.
SAMPLE MOTIONS:
NEGATIVE DECLARATION (IS 23-03)
I move that the Board of Supervisors adopt the Negative Declaration (IS 23-03) for Reynolds Systems, Inc. for the property located at 18649 CA State Hwy 175, Middletown, (APN: 013-064-04), based on the findings set forth in the Board Memorandum dated November 28, 2023.
GENERAL PLAN AMENDMENT APPROVAL
I move that the Board of Supervisors make a motion to adopt the General Plan Amendment (GPAP 23-01) for Reynolds Systems, Inc. located at 18649 CA State Hwy 175, Middletown (APN: 013-064-04), based on the findings set forth in the Board Memorandum, dated November 28, 2023.
REZONE APPROVAL
(This action should not be taken until after the Board has adopted the general plan amendment)
I move that the reading of the ordinance be waived, and the title only be read.
I offer the ordinance.
6.710:30 A.M. - Consideration of Presentation for Overview of Grant Award from the Governor’s Office of Planning and Research under the Adaptation Planning Grant Program
Action Item
Staff memo
Executive Summary
You will recall that in March 2023, your Board approved submission of an Adaptation Planning Grant Program (APGP) application to the Governor's Office of Planning and Research (OPR) with the County of Lake as lead applicant. The grant application was successful, and our partnership was awarded $649,350 with the contract executed on October 9, 2023.
Work under the grant will be performed as a partnership between the County of Lake, the Lake County Risk Reduction Authority JPA (RRA), and the Lake County Resource Conservation District (RCD), including the Lake County Fire Safe Council and subcontractors of the RCD.
Grant partners will be available to answer any questions you may have.
Recommended Action
No action, presentation only.
6.810:45 A.M. - Presentation of Revised State Water Resources Control Board’s Information Order Regulations for the Clear Lake Watershed
Report
Staff memo
Executive Summary
On Tuesday, September 5th, the State Water Resources Control Board (SWRCB) issued Draft Emergency Information Order Regulations together with a Notice of Opportunity for Public Comment and Staff Workshop. These proposed regulations are in response to the Governor's Executive Order N-5-23, and specifically paragraph #9.
The Board of Directors of the Watershed Protection District (LCWPD) were presented an overview of the Draft Information Order on September 26th, 2023, and as a result, provided comments via the Public Comment process to the SWRCB by the October 31, 2023 deadline.
Staff from Lake County Water Resources will provide a brief overview of the Draft Information Order, comments submitted by the Board of Directors of the LCWPD and the State's revised Information Order.
The revised Information Order will be considered for adoption on December 6th 2023 at the SWRCB Meeting via in person and teleconference.
For information on the December 6th 2023 SWRCB Meeting, SWRCB Information Order and the Clear Lake Hitch, please follow the link below:
https://waterboards.ca.gov/clearlakehitch/
Each of the referenced documents are attached for your information.
Recommended Action
Presentation Only.
7. Non-Timed Items
7.1Supervisors’ weekly calendar, travel and reports
7.2Consideration of Appointments to Lakeport Fire Protection District Board of Directors
Action Item
Staff memo
Executive Summary
Pursuant to Resolution 2018-56, your board is being requested to fill two pending vacancies on the Lakeport Fire Protection District ("LFPD") Board of Directors. A third LFPD board seat assigned to the City of Lakeport was filled by the Lakeport City Council on Nov. 21, 2023.
Resolution No. 2018-56 (attached) was enacted Nov. 20, 2018, to clarify procedures contained within a 2004 agreement between the City of Lakeport and the fire district and to conform with state law. Two of those procedures are relevant to today's appointments, as summarized below:
1. Any "then-existing board of directors" for the fire district "may make recommendations for member appointments to either or both the County Board of Supervisors and/or the Lakeport City Council," although any such recommendations are not binding on the appointing body.
At its regularly scheduled meeting Nov. 14, 2023, after board discussion and public input, the LFPD Board of Directors tabled an agenda item titled "Review, discussion and possible vote on District Board Appointments to be made by Lake County Board of Supervisors." This departs from the 2018 process, during which the then-sitting board made recommendations. Regardless, Resolution No. 2018-56 holds district board recommendations are optional and non-binding.
2. Some confusion has arisen as to whether applicants for city- or county-appointed seats must reside within the city or county, respectively, to be eligible. Resolution No. 2018-56 cites Health and Safety Code � 13841, which only requires board members to reside within the fire district. At least one application submitted for the County of Lake Board of Supervisors' appointment is from a resident of the City of Lakeport. Further, Health and Safety Code � 13841 does not expressly require that an applicant be a registered voter in order to serve in the LFPD Board of Directors.
3. As further stated in Resolution No. 2018-56, "When updated census data or other reliable population information becomes available in the future, each entity's proportionate share of population may change; in such case, the County and City shall meet and confer in good faith to determine whether such change necessitates a change in the proportionate number of appointments to be made by each entity."
The sponsor initiated a good-faith effort with city and county representatives to inquire whether 2020 census and/or redistricting data showed population changes sufficient to trigger a change in the number of seats appointed by each entity. Though consensus emerged that any such population shifts between city and county areas likely were insufficient to require changing the balance of seats, the sponsor was unable to obtain any hard data to confirm such consensus.
Resolution No. 2018-56 did not prescribe any deadline for future proportionality determinations. Chief Reitz also has indicated the 2024 LFPD board may wish to review the appointment process
and the procedures used by the city and county, so no county-led review is proposed at this time. Today's appointments are critical for the proper function of the Lakeport Fire Protection District, and the sponsor is not aware of any procedural question that would impede such appointments.
Recommended Action
Appoint two qualified applicants to serve four-year terms on the Lakeport Fire Protection District Board of Directors.
7.3Consideration of the following Advisory Board Appointment:
Mental Health Advisory Board
Appointment
Staff memo
Executive Summary
Mental Health Advisory Board: 2 Vacancies - Member at Large
Danny Wind - Member at Large
Recommended Action
Appoint qualified applicant
8. Closed Session
8.13:00 P.M. - Public Employee Appointment Pursuant to Gov. Code Section 54957(b) (1):
Interviews for Health Services Director
Appointment of Health Services Director
Closed Session Item
8.2Public Employee Evaluation:
Title: Director of Child Support Services
Closed Session Item