Board Of Supervisors — Tuesday, March 12, 2024

WHEREAS, Operation Tango Mike has supported deployed military personnel throughout Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, Operation Onward Liberty, Operation Odyssey Lightning, Operation Inherent Resolve and Operation Freedom's Sentinel; and WHEREAS, Operation Tango Mike has shipped more than 26,000 care packages to deployed personnel and assisted multitudes of military families; and WHEREAS, Operation Tango Mike coordinates annual collection and distribution of Christmas gifts and school supplies for military families; and WHEREAS, Operation Tango Mike has coordinated and hosted many welcome home celebrations and ceremonies for returning troops; and WHEREAS, Operation Tango Mike has assisted in honoring three of Lake County's fallen heroes in the Global War on Terror; and WHEREAS, the Secretary of Defense has recognized families and community members as "the power behind the power"; and WHEREAS, Operation Tango Mike fills a crucial role in supporting family members and loved ones of our Armed Forces and provides a compassionate community and incalculable moral support to families and loved ones; and WHEREAS, Operation Tango Mike will mark 21 years of unwavering support for military personnel and families on March 12, 2024. NOW THEREFORE BE IT PROCLAIMED that the Board of Supervisors of the County of Lake does hereby commend Operation Tango Mike for 21 years of service in supporting our military personnel deployed throughout the world.

Adopt Proclamation Commending Operation Tango Mike For 21 Years of Service in Supporting Our Military Personnel Deployed Around the World

WHEREAS, during American Red Cross Month in March, we recognize the compassion in Lake County and reaffirm our commitment to care for one another in times of crisis; and WHEREAS, this generous spirit is woven into the fabric of our community and advance the humanitarian legacy of American Red Cross founder Clara Barton, one of the most honored women in our country's history, who nobly dedicated herself to alleviating suffering; and WHEREAS, today, kindhearted individuals in our community exemplify Barton's commitment as they step up through the Red Cross to provide a beacon of hope for our neighbors in need, through voluntary and selfless contributions, whether it's delivering shelter, food, and comfort during disasters, providing critical blood donations for hospital patients, supporting military families, veterans, and caregivers through the unique challenges of service, saving lives with first aid and CPR, or delivering aid and reconnecting loved ones separated by global disaster; and WHEREAS, we recognize this month of March in honor of all those who lead with their hearts to serve people in need, and we ask everyone to join in this commitment to strengthen our community. NOW, THEREFORE, BE IT PROCLAIMED that the Board of Supervisors of the County of Lake does hereby proclaim March 2024 as Red Cross Month and encourage all citizens of Lake County to reach out and support its humanitarian mission. PASSED AND ADOPTED this 12th day of March, 2024.

Adopt Proclamation Designating the Month of March 2024, as American Red Cross Month in Lake County

DESIGNATING MARCH 17 - 23, 2024 AS NATIONAL AGRICULTURE WEEK WHEREAS California is a national leader in the farming industry with its production of over 400 different commodities and contributing over $50 Billion in high quality food, fiber, and flower products annually; over a third of the country's vegetables and two-thirds of the country's fruits and nuts are grown in California; and WHEREAS Lake County Farmers claim a long and rich agricultural history, starting in the 1850's when early settlers planted the first vineyards, followed in 1890 with the planting of the first Bartlett pears; crops have flourished in our fertile valleys, hillsides and ecosystems that were fostered and stewarded by the local Native American Pomo Tribes for generations since time immemorial previous to 1850; and WHEREAS, today, Lake County's agricultural industry continues to be a vital economic engine, providing jobs and contributing to a strong tax base, bringing more than $83 Million in value of its major crops of pears, winegrapes, and walnuts as well as an increasing contribution of olives, nursery, livestock, field and seed crops, and vegetable crops; and WHEREAS, Lake County's farmers take pride in their land as stewards that contribute to the health, beauty, productivity, and quality of our county's water, soil, air, and forest resources for the benefit of all California and Lake County residents; and WHEREAS, Lake County's agriculture industry fosters a deep caring for the land and our community, contributes to our local economy, ensures the production of safe food, gives back to local charities and organizations, is a support system to our way of life, and continues to embrace education and scientific knowledge to further agricultural advances. NOW, THEREFORE, BE IT PROCLAIMED, that the Board of Supervisors of the County of Lake does hereby designate March 17 - 23, 2024, as NATIONAL AGRICULTURE WEEK in Lake County, and celebrates the achievements of the more than 1 million people who work throughout the year in Lake County's and California's number one industry.

Adopt Proclamation Designating March 17-23, 2024 As National Agriculture Week

Staff is requesting the Board's approval for Benjamin Rickelman to travel to ICSC Las Vegas at the Las Vegas Convention Center from May 19-22, 2024. ICSC Las Vegas is the largest commercial real estate conference in the country. The conference is known primarily for its dealmaking and networking, particularly in regards to retail expansion and development. There is strong representation from brokers, developers, retailers, and economic development representatives. From meetings and conversations Mr. Rickelman has had with several industries in Lake County, the public, and County leadership there has been a consistent message for the need for new hotel product and retail. Mr. Rickelman plans to provide guidance regarding priorities of the community, regulatory process, and market Lake County.

Approve travel to Las Vegas, Nevada for Deputy County Administrative Officer, Benjamin Rickelman, to attend ICSC Las Vegas from May 19-22, 2024

The County finance system is a fundamental resource for most departments. Although some departments have a heavier use than others, every department needs to perform basic budgeting and payroll, which flows through the finance system. The current County finance system has not been replaced in over 20 years. While our system has carried us through decades, it is due for an overhaul. Many departments are utilizing a patchwork of software in order to bridge the gap between our finance system limitations and department needs. This request is one step in a larger project that will ultimately result in the implementation of a new finance software and HR module, aka: ERP (Enterprise Resource Planning). Before we can select a new product, we need to thoroughly analyze the needs of our individual departments, the HR to department interface, the finance to department interface, grant management, document storage and any other outstanding system needs. The funding for this agreement was approved during the mid-year budget hearing.

Approve the software upgrade between the County of Lake and Avero Advisors in the Amount of $159,711, and Authorize the Chair to Sign.

Lake County Behavioral Health Services has contracted with Lisa Warner since 2019 for managed care consulting services. In January 2023 LCBHS went out to RFP for Managed Care Professional Services. Lisa Warner submitted the only proposal and this proposal scored high enough for selection. Ms. Warner has many years' experience working with the Department of Health Care Services for things like Medi-Cal site certification and provider credentialing. As we have a relatively new Managed Care team in-house, her support has been invaluable. This contract amendment will allow her to continue and finish work on Medi-Cal site certifying school sites as part of the Mental Health Student Services Act Grant program, in additional to other tasks that require a high level of specialization.

Approve Amendment No. 1 to the Agreement Between County of Lake and Lisa Warner, MBA For Support Services for Managed Care in the amount of $30,000.00 for Fiscal Year 2023-24 and authorize the Chair to sign.

In December 2023 the Public Services Department solicited a Request for Qualifications (RFQ) for professional landscape architecture and planning services. The general scope of work requested was for landscape architecture and planning services for park, trail, and facilities projects. Examples of services include system planning, site master planning, community outreach, environmental studies, CEQA/NEPA analysis, regulatory permit assistance, conceptual/schematic designs, construction documents, specification writing, construction site inspection, GIS mapping, land management consultation, and other related tasks. There were no specific projects intended for the solicitation; rather, the objective was to establish a list of firms most qualified to complete the type of services requested, with the intent to enter into contracts for specific projects in the future, as the need arises, with a firm (or firms) from that list. Public Services received thirteen responses to the RFQ. A selection committee reviewed the responses in accordance with the County's Policy for Review and Selection of Professional Consultants and Other Contract Service Providers, which resulted in a short list of firms to consider for future work. The qualified list is based strictly on the requirements and criteria of the County's RFQ and does not in any way reflect judgment of any responding firms' capabilities to perform work outside of this specific solicitation. Public Services, as well as other departments, may use the resulting list for contracts on an "as-needed" basis depending on project priorities and available funding. Staff recommends your Board's approval of the attached "Qualified List of Landscape Architecture and Planning Service Providers", effective for 24 months from the date of approval.

Approve the Qualified List from the Request for Qualifications for On Call Landscape Architecture and Planning Services

On February 27, 2024, your Board awarded the bid for construction of the Eastlake Sanitary Landfill Phase 1 Cell Construction Project. Current regulations of CalRecycle and the State Water Resources Control Board for waste disposal on land require construction for all landfill liner systems to be carried out in accordance with an approved Construction Quality Assurance (CQA) plan. A CQA plan identifies the planned system of activities and inspections to directly monitor and control the quality of construction and provide assurance, through a professional third-party, that the materials and procedures used will be tested to assure the structure is constructed in accordance with the design specifications approved by the Central Valley Regional Water Quality Control Board. SCS Engineers (SCS) was previously selected by a County consultant selection board as the most qualified firm to complete the siting, environmental review, design, permitting, and construction support services for the proposed landfill expansion. The County recently contracted with SCS to prepare the project CQA plan, which was completed last year and approved by the regional water board this year. In anticipation of the CQA plan being approved and the contract for construction awarded, last month Public Services staff requested a proposal from SCS to provide full CQA services. The proposed agreement with SCS is included for your Board's consideration. The project is fully funded through Budget Unit 4121, Integrated Waste Management.

Approve the Agreement between the County of Lake and SCS Engineers for Construction Quality Assurance Services for the Eastlake Landfill Phase One Cell Construction Expansion Project in the amount of $408,206.00.and authorize the Chair to sign the Agreement

WHEREAS, Operation Tango Mike has supported deployed military personnel throughout Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, Operation Onward Liberty, Operation Odyssey Lightning, Operation Inherent Resolve and Operation Freedom's Sentinel; and WHEREAS, Operation Tango Mike has shipped more than 26,000 care packages to deployed personnel and assisted multitudes of military families; and WHEREAS, Operation Tango Mike coordinates annual collection and distribution of Christmas gifts and school supplies for military families; and WHEREAS, Operation Tango Mike has coordinated and hosted many welcome home celebrations and ceremonies for returning troops; and WHEREAS, Operation Tango Mike has assisted in honoring three of Lake County's fallen heroes in the Global War on Terror; and WHEREAS, the Secretary of Defense has recognized families and community members as "the power behind the power"; and WHEREAS, Operation Tango Mike fills a crucial role in supporting family members and loved ones of our Armed Forces and provides a compassionate community and incalculable moral support to families and loved ones; and WHEREAS, Operation Tango Mike will mark 21 years of unwavering support for military personnel and families on March 12, 2024. NOW THEREFORE BE IT PROCLAIMED that the Board of Supervisors of the County of Lake does hereby commend Operation Tango Mike for 21 years of service in supporting our military personnel deployed throughout the world.

Presentation Only.

DESIGNATING MARCH 17 - 23, 2024 AS NATIONAL AGRICULTURE WEEK WHEREAS California is a national leader in the farming industry with its production of over 400 different commodities and contributing over $50 Billion in high quality food, fiber, and flower products annually; over a third of the country's vegetables and two-thirds of the country's fruits and nuts are grown in California; and WHEREAS Lake County Farmers claim a long and rich agricultural history, starting in the 1850's when early settlers planted the first vineyards, followed in 1890 with the planting of the first Bartlett pears; crops have flourished in our fertile valleys, hillsides and ecosystems that were fostered and stewarded by the local Native American Pomo Tribes for generations since time immemorial previous to 1850; and WHEREAS, today, Lake County's agricultural industry continues to be a vital economic engine, providing jobs and contributing to a strong tax base, bringing more than $83 Million in value of its major crops of pears, winegrapes, and walnuts as well as an increasing contribution of olives, nursery, livestock, field and seed crops, and vegetable crops; and WHEREAS, Lake County's farmers take pride in their land as stewards that contribute to the health, beauty, productivity, and quality of our county's water, soil, air, and forest resources for the benefit of all California and Lake County residents; and WHEREAS, Lake County's agriculture industry fosters a deep caring for the land and our community, contributes to our local economy, ensures the production of safe food, gives back to local charities and organizations, is a support system to our way of life, and continues to embrace education and scientific knowledge to further agricultural advances. NOW, THEREFORE, BE IT PROCLAIMED, that the Board of Supervisors of the County of Lake does hereby designate March 17 - 23, 2024, as NATIONAL AGRICULTURE WEEK in Lake County, and celebrates the achievements of the more than 1 million people who work throughout the year in Lake County's and California's number one industry.

Presentation Only.

WHEREAS, during American Red Cross Month in March, we recognize the compassion in Lake County and reaffirm our commitment to care for one another in times of crisis; and WHEREAS, this generous spirit is woven into the fabric of our community and advance the humanitarian legacy of American Red Cross founder Clara Barton, one of the most honored women in our country's history, who nobly dedicated herself to alleviating suffering; and WHEREAS, today, kindhearted individuals in our community exemplify Barton's commitment as they step up through the Red Cross to provide a beacon of hope for our neighbors in need, through voluntary and selfless contributions, whether it's delivering shelter, food, and comfort during disasters, providing critical blood donations for hospital patients, supporting military families, veterans, and caregivers through the unique challenges of service, saving lives with first aid and CPR, or delivering aid and reconnecting loved ones separated by global disaster; and WHEREAS, we recognize this month of March in honor of all those who lead with their hearts to serve people in need, and we ask everyone to join in this commitment to strengthen our community. NOW, THEREFORE, BE IT PROCLAIMED that the Board of Supervisors of the County of Lake does hereby proclaim March 2024 as Red Cross Month and encourage all citizens of Lake County to reach out and support its humanitarian mission. PASSED AND ADOPTED this 12th day of March, 2024.

Presentation Only.

The Red Cross is working to strengthen local partner networks in 15 disaster-prone counties across the country where families are already struggling with chronic social issues, including the County of Lake. � The climate crisis is taking a heavier toll on frontline communities - low-income families, older adults, communities of color and people with disabilities in disaster prone locations - many of which face other systemic challenges. � Further, climate-driven disasters are forcing families from their homes, communities and support networks. This is especially dire for those who lack the resources to get back on their feet or already depend on social services, such as food banks or free health clinics. When families with underlying vulnerabilities flee from their homes because of extreme weather, they tend to remain displaced for longer periods of time, experience an increased risk of poverty, and suffer from worsening chronic housing, hunger and health challenges. � As the nation's largest provider of emergency sheltering, the Red Cross works one-on-one with people to help them recover after disasters. Firsthand, we see how struggles with long-term health conditions, food insecurity, and the availability of safe and affordable housing are worsened by disasters. By forging new partnerships with local nonprofits that provide services related to health, hunger and housing the Red Cross seeks to build more resilient communities that are better equipped for the climate crisis. � Together, we're developing immersive collaborations focused on holistically enhancing our partner's ability to deliver services and improve access to health and mental health services, nutritious food and safe housing for local families who are underserved. � Our field staff work together with partners to design enhancements that increase the partner's capacity and capabilities to deliver community services before, during and after disasters. Some of the support we will provide to partners could include grants, subject matter expertise, data sharing and analysis, volunteer exchanges, training and materials or equipment.

Presentation Only.

The Lake County Community Foundation is a 501(c)(3) nonprofit organization that serves as a community needs fiscal agent, administering grants for essential community projects, including low-income housing programs and initiatives that promote community resilience and equitable development. ?In times of disaster, the foundation can swiftly respond to emergent needs, efficiently channeling resources to support relief efforts, rebuilding infrastructure and aiding affected individuals and families. ?MISSION Our mission is to empower and uplift communities in Lake County, nurturing lasting, sustainable transformation, diminishing disparities, and enriching the overall well-being of the community. ?VISION Our vision encompasses a thriving Lake County where residents make significant contributions, and each individual has the chance to learn, thrive, and achieve their utmost potential.

Presentation Only.

The Community Development Allocations of the California Department of Housing and Community Development - Community Development Block Grant Program (CDBG) requires a public meeting for the purpose of presenting eligible activities and projects for your Board's consideration and for specific projects or program funding applications the Board will consider for submittal by resolution. The attached resolution is for a funding application in the amount of $372,232 to use CDBG Program Income funds to provide microenterprise technical assistance for a three-year period. The current successful County Microenterprise Technical Assistance program grant will end in May 2024. The Board approved a resolution to extend the grant period by one year to continue the program. However, the State turned down the request. In response, staff and program consultants have prepared an application to utilize CDBG Program Income funds to continue the program as recommended by the State. These funds are generated by payments from businesses to the county that have received loans from the County CDBG Business Loan Program.

Adopt the resolution to apply for CDBG Program Income funds for the Lake County Microenterprise Technical Assistance Program in the amount of $372,232 for a period of three years.

Exhibits A. Staff Report from the January 11, 2024 Planning Commission hearing with the following attachments: 1. Site Plans 2. Draft Conditions of Approval 3. Property Management Plan 4. Initial Study (IS 20-50) 5. Hydrology Report and Drought Management Plan 6. Agency Comments 7. Tribal Comments 8. Public Comments (as of January 5, 2024) B. Planning Commission Minutes from January 11, 2024 Public Hearing C. Appeal Application (AB 24-01) D. Public Comments received as of February 20, 2024 E. Conditions of Approval, Revised at the January 11, 2024 Public Hearing

On January 11, 2024, the Lake County Planning Commission denied a Major Use Permit (UP 20-40) request for commercial cannabis cultivation of 22,000 square feet (sf) of canopy inside eight 30' x 96' greenhouses within a fenced 47,040 sf enclosure on a property located at 3545 Finley East Road, Kelseyville (APN: 008-026-07). The project also proposed one 25'-6" metal 48' x 100' drying building and several small sheds, water tanks and other cannabis-related structures, as well as one Type 13 Cannabis Distributor Transport Only, Self-Distribution License. At the January 11 hearing, the Planning Commission noted issues related to siting of the proposed project and expressed the position that the project did not fit the character of the neighborhood; the Planning Commission denied the project on a 3 to 1 vote, with Commissioner Hess absent. The Planning Commission Staff Report and associated attachments are included as Exhibit A; the minutes of the meeting are included as Exhibit B, and the meeting may be viewed online at: https://lakecounty.granicus.com/player/clip/696?view_id=1&redirect=true. In accordance with County of Lake Zoning Code Section 58.31, the applicant filed an appeal (AB 24-01) of the Planning Commission's decision on January 18, 2024. The appeal application is included in Exhibit C. All public comments received as of February 20, 2024, are included as Exhibit D. There was no new information presented at the Planning Commission hearing that identified inconsistencies between the project (as conditioned) and the County Code, or information resulting in Staff being unable to recommend the findings required for a major use permit. As such, Staff's original recommendation for approval of the project remains. Staff recommends the Board uphold the appeal (AB 24-01), reversing the Planning Commission's denial of the project and approve Initial Study (IS 20-50) and Use Permit (UP 20-40). I. PROJECT BACKGROUND Setting. The project site is located on the southern side of Finley East Road in Kelseyville. The site had been used as a walnut orchard followed by hemp cultivation, but the property has sat idle since 2020. The property contains a dwelling and two shop buildings, as well as a building pad that was associated with the previous hemp cultivation. The site is surrounded by agricultural and residential uses. The Kelsey Creek Schoolhouse building is located on the property immediately to the east of the project; the site is owned by the Kelseyville Unified School District and leased by the Lucerne Area Revitalization Association (LARA) for maintenance and use of the building. The site is accessed via two internal driveways from East Finely Road: a western shared driveway that borders on the edge of the Kelsey Creek Schoolhouse; and a second eastern driveway serving the project parcel accesses the two shop buildings and is located about 100 feet east of the primary driveway. Project Summary. An application for Major Use Permit (UP 20-40) was originally submitted on May 5, 2020. A project description summary and vicinity map are included below; a detailed project description and site plans can be found in the Planning Commission Staff Report (Exhibit A). Applicant/Owner: "Higher Ground Farms", John Oliver (applicant); Leo Cortina (property owner). File Number: UP 20-40, IS 20-50 (Major Use Permit and Initial Study). Request: Commercial Cannabis Cultivation including 22,000 sf of greenhouse cannabis canopy within eight greenhouses and a Type 13 Cannabis Distributor Transport Only, Self-distribution License to enable legal transportation of cannabis. Location: 3545 Finley East Road, Kelseyville. A.P.N.: 008-026-07. Parcel Size: �23.69 acres. General Plan: Agriculture. Zoning: "A-WW-FF-AI", Agriculture - Waterway - Floodway Fringe - Agricultural Industry Topography: Flat. Flood Designation: "AE and AO", river or stream flood hazard areas, and areas with a 1% or greater chance of shallow flooding each year. Water Supply: Existing permitted groundwater well. Sewage Disposal: Existing on-site septic system. Fire Protection: CALFIRE, Kelseyville Fire Protection District. Vegetation: Scattered oaks and grasses. Water Courses: Kelsey Creek (located about 475' from the proposed cultivation area). Supervisorial Dist.: 4; and 5 (easternmost portion of site along Kelsey Creek) FIGURE 1 - VICNITY MAP SOURCE: LAKE COUNTY GIS MAPPING FIGURE 2- PROPOSED SITE PLAN SOURCE: APPLICATION MATERIALS The California Environmental Quality Act (CEQA) requires agencies to evaluate the environmental implications of land use actions. A Draft Initial Study and Mitigated Negative Declaration (Attachment 4 of the Planning Commission Staff Report in Exhibit A) was prepared and circulated for public review in compliance with CEQA from 09/29/2022 to 10/28/2022. The Initial Study found all impacts to be less than significant with implementation of mitigation measures related to Aesthetics, Air Quality, Biological Resources, Cultural/Tribal Resources, Geology/Soils and Noise. After publication of the January 11 Planning Commission agenda packet, CDD staff met with members of the Lucerne Area Revitalization Association on January 10, 2024, to discuss their concerns with the project. As a result of this meeting, the applicant verbally indicated that he was willing to implement the following concessions which were added as conditions of approval in an effort to reduce potential conflicts with the neighboring property: (1) move the cultivation area 200 feet south of the proposed location to achieve a minimum of 500 feet setback from the Kelsey Creek Schoolhouse building; (2) plant fast-growing screening trees between the processing / drying building and the Old Kelsey Creek Schoolhouse property, as well as between the cultivation site and Old Kelsey Creek Schoolhouse 10' intervals; (3) use the secondary interior driveway further east instead of the western driveway that is shared with the Kelsey Creek Schoolhouse building; (4) limit the maximum height of the processing building to 25'-6" or less from grade (includes 3ft elevated foundation). Additionally, prior to permit activation, applicant (permittee) is required to provide updated site plan(s) showing the relocated cultivation area and screening trees; provide letters from the biologist and archeologist that prepared the biological and cultural resources studies, confirming that the relocated cultivation site was included in the surveys, and provide confirmation that a live scan was successfully completed with the Lake County Sheriff's Department. These requirements were verbally added to the project as conditions of approval at the January 11, 2023, Planning Commission meeting and have been included in the revised written conditions of approval in Exhibit E for the Board's consideration. II. BASIS FOR THE DENIAL Although the Planning Commission did not refute the fact that the proposed project meets all of the codified siting requirements contained within the Lake County Zoning Ordinance and State cannabis regulations, the Planning Commission noted a number of issues related to siting of the proposed project. Issues raised were not formalized within the motion for denial, but Staff summarizes the main points raised by the Planning Commission below. 1. Location is not consistent with the neighborhood character. 2. The project would alter the viewshed on Finley East Road and views of Mt. Konocti, which is considered sacred to culturally-affiliated tribes. 3. Proximity to adjacent farm labor quarters (residences). 4. Impacts to Kelsey Creek. 5. Proximity to a 'school'. III. APPEAL ANALYSIS Per Lake County Zoning Ordinance Section 58.31, decisions of the Planning Commission may be appealed by an interested party within seven (7) calendar days of the decision and 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. In this case, the appeal (AB 24-01) of the January 11, 2024, Planning Commission decision was filed by the applicant in a timely manner on January 18, 2024. The applicant did not provide specific responses to each item raised by the Planning Commission but states, "Project meets all standards & regulations" as the reason for the appeal. The appeal application (AB 24-01) is included in Exhibit C. Staff's response to each the issues raised by the Planning Commission is provided below. 1. Location is not consistent with the neighborhood character. Staff Response: Cannabis cultivation is allowed in certain areas within Lake County upon issuance of a major or minor use permit depending on the project's size and characteristics of the site. In this case, the property is located on a property with base zoning of "A"-Agriculture, within a mapped Farmland Protection Zone (FPZ). The Board of Supervisors approved Ordinance No. 3103 on April 20, 2021, which allows cannabis cultivation to occur in FPZ land, provided the cultivation occurs inside greenhouses with air filtration systems, as is being proposed in this application. The property is not located within an Exclusion Area and is in an area that is characterized by traditional crop production, including a processing/packing facility immediately across the street. The project meets all setbacks and development standards related to compatible uses. Therefore, the project would not be considered a non-compatible use. As noted above, the project has also been modified to further reduce impacts to neighboring properties, specifically the property immediately west that is owned by the Kelseyville Unified School District and leased by LARA. 2. The project would alter the viewshed on Finley East Road and views of Mt. Konocti, which is considered sacred to culturally-affiliated tribes. Staff Response: Per the Lake County Zoning Code for Agricultural zoning (Article 5, section 5.15), accessory agricultural structures may be up to fifty (50) feet tall. The proposed greenhouses and processing facility would be below this limitation. Additionally, mitigation measures requiring blackout screening, fencing, and vegetative screening would be implemented to reduce impacts to the extent practical. Lastly, the applicant has agreed to relocate the cultivation site approximately 200 feet further south to be at least 500 feet away from the Kelsey Creek Schoolhouse building, and additional vegetative screening being placed between both the Kelsey Creek Schoolhouse building and the processing facility, as well as between the Kelsey Creek Schoolhouse building and the cultivation stie. Related to tribal cultural resources, Staff sent Assembly Bill (AB) 52 notices to 11 tribes on April 8, 2022, informing tribes of the proposed project and offering consultation under AB-52. Of the 11 notified Tribes, the Yocha Dehe Tribe and the Upper Lake Habematolel Tribe replied, deferring to Big Valley and Middletown Rancheria Tribes. No other tribes responded to the AB 52 notice. Cultural and tribal cultural resources were also analyzed in the Initial Study and associated Cultural Resources evaluation, in compliance with the California Environmental Quality Act. These analyses found impacts to cultural resources to be less than significant with implementation of mitigation measures. 3. Proximity to adjacent farm labor quarters (residences). Staff Response: Article 27 (Section 27.13(at)) requires cultivation sites to be located 200 feet from a residence. The farm labor quarters noted by the Planning Commission are located approximately 500 to 600 feet from the cultivation site. Further research by Staff found no records of permits for the mentioned farm labor quarters. 4. Impacts to Kelsey Creek. Staff Response: The County Code requires a 100-foot setback from all water courses. The cultivation site and associated buildings are a minimum of 475 feet away from Kelsey Creek and Finely East Road provides further separation between the site and the creek. The applicant has also submitted a sediment and erosion control plan (sheet 4 of Site Plans) that show stormwater mitigation measures that adequately address slope and erosion control, in accordance with Lake County Grading Regulations, the State Water Resources Control Board Order No. WQ 2019-001-DWQ and Construction General Permit 2009-009-DWQ. Lastly, the Initial Study (And associated Biological Report) found impacts to Kelsey Creek to be less than significant. 5. Proximity to a 'school'. Staff Response: The "Hells Bend Schoolhouse", also referred to as the Kelsey Creek Schoolhouse is located on the parcel (APN 008-026-06) immediately west of the proposed cultivation site. According to Dr. John Parker, the Schoolhouse was built in 1869 and relocated to its present location in 1882. Classes were held in the schoolhouse until 1920, when the use of the building as a school discontinued. Please refer to the January 11 Planning Commission Staff Report for more information. Article 68 (Definitions) of the Lake County Code defines a 'school' as follows, School: "For the purpose of cannabis regulation, school means any public or private school providing instruction in kindergarten or any grades K to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes. (Ord. No. 3709, 12/11/2018)". Staff must analyze the project for compliance with required setbacks from existing uses. The building has not been utilized as a school since 1920 and does not meet the definition of a school per the County Code. Although LARA has been in contact with Community Development Department (CDD) Staff related to their intentions to restore and utilize the building as a community gathering space and event center in the future, no such permits have been submitted to CDD to date for review. Additionally, the County Code does not allow school uses within the "A" zoning district. As noted above, the applicant proposes to use the secondary driveway further east from the building and would plant vegetative screening between the building and cultivation area, and processing building to reduce potential impacts to the adjacent site. The proposed project would not prohibit the School District and LARA from future rehabilitation of the building or other plans for the site. Conclusion. CDD Staff must analyze projects for conformance with existing code requirements and regulations. As summarized above and discussed in detail throughout the January 11 Planning Commission Staff Report (and associated documents), the project meets all required regulations related to development and siting, and is also consistent with the General Plan and Kelseyville Area Plan. Staff recommends the Board uphold the appeal, reversing the Planning Commission's denial of the project, and approve Use Permit (UP 20-40) and Initial Study (IS 20-50). Findings for approval are provided below, and conditions of approval (as revised) are included in Exhibit E. IV. MAJOR USE PERMIT FINDINGS FOR APPROVAL The Review Authority shall only approve or conditionally approve a Major Use Permit (LCZO Section 51.4, Major Use Permits) if all of the following findings are made: 1. 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. The proposed use of commercial cannabis cultivation is a permitted use in the "A" Agriculture Zoning District subject to the issuance of a major use permit pursuant to Article 27.13(at) and Article 51.4 of the Lake County Zoning Ordinance, and subject to cultivation occurring in greenhouses, as required for projects within a mapped Farmland Protection Area. The immediate area has traditional agricultural uses. Cannabis cultivation, while not recognized as a crop in the traditional sense, involves growing and harvesting cannabis plants. Additionally, the Community Development Department will require annual compliance monitoring reports and conduct annual inspections during the cultivation season to ensure compliance with the approved Property Management Plan and Conditions of Approval. The County has received adverse comments from neighboring property owners and concerned groups and individuals objecting to the project due to the presence of the Kelsey Creek Schoolhouse, which would be located a minimum of 500 feet from the edge of the cultivation area on the neighboring lot to the west; however the project does not propose modifications to the building or other components that would impact the building or its historic significance. Additionally, the Kelsey Creek Schoolhouse does not meet the definition of a school within the County Code, so the 1000-foot separation required between cannabis cultivation sites and schools does not apply. Lastly, the Initial Study found all impacts to be less than significant with implementation of mitigation measures related to Aesthetics, Air Quality, Biological Resources, Cultural/Tribal Resources, Geology/Soils and Noise. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. The proposal consists of 22,000 sf of greenhouse cannabis canopy. The Lake County Zoning Ordinance allows cultivation operations on "A" Agriculture-zoned land if the land meets the requirements within Article 27.13(at). The subject site is �23 acres in size, large enough to enable the cultivation area proposed to occur, and meets all required setbacks. 3. That the streets, highways, and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. The site is accessed via an interior driveway that connects to Finley East Road, a paved County-maintained road. There are two driveways serving the site: the original driveway proposed for the project leading to the cultivation site is shared with the adjacent parcel and is located approximately 140 feet from the Kelsey Creek Schoolhouse; the secondary driveway is located approximately 100' further east of the originally proposed driveway. The applicant has agreed to use the secondary driveway as the primary access to the cultivation site in order to keep cannabis-related traffic further from the Kelsey Creek Schoolhouse site's access. Traffic impacts are also analyzed within Section XVII, Transportation, of the Initial Study, which were found to be less than significant. As noted within the analysis, the application materials submitted indicate that trips associated with the project will be minimal, estimated at eight to sixteen daily trips excluding deliveries, which are expected to occur once or twice weekly. Because the project would not result in over 110 trips per day, impacts related to vehicle miles traveled (Guidelines section 15064.3) would be less than significant. The project was circulated for public agency review, including but not limited to: Kelseyville Fire Protection District, California Highway Patrol, the Lake County Sheriff's Department, Cal Fire, and the Lake County Department of Public Works. All commercial cannabis projects require compliance with PRC 4290 and 4291; this is a typical condition added to all commercial cannabis cultivation projects. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. There are adequate public utilities and services available to the site. The Kelseyville Fire Protection District provides fire-related emergency services to the site. The Lake County Sheriff's Department provides police protection. The site is served by PG&E on-grid power. The site is served by a private permitted groundwater well and existing septic system. The application was routed to all of the affected public and private service providers, including Public Works, Environmental Health, Specials Districts; Water Resources and PG&E. All agency comments have been included as conditions of approval, as appropriate. 1. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. Upon review, the Community Development Department has determined that the proposed use for the cultivation of greenhouse cannabis is in conformance with the applicable provisions and policies of this Code, the General Plan, the Kelseyville Area Plan, and the Lake County Zoning Ordinance as the cultivation of cannabis is an allowable use within the "A" Agriculture Zoning Designation upon securing a major use permit pursuant to Article 27 (Table B) of the Lake County Zoning Ordinance. The General Plan and Kelseyville Area Plan do not have any provisions specifically for commercial cannabis, but both plans have provisions for economic development and land use compatibility. 2. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. There are no documented violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code on the subject properties. This was confirmed by the Cannabis Division of the Lake County Planning Department during and following a site visit that occurred on July 24, 2023. The applicant is required to provide proof of a successful Live Scan background check prior to permit activation. Further, Article 27.13(at) has three findings that must be met for commercial cannabis: 3. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. As noted throughout this memorandum, as well as the January 11 Planning Commission Staff Report, the proposed use permit is consistent with Article 27, section 1.i., as well as other portions of the Zoning Ordinance, General Plan and Kelseyville Area Plan. 4. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii. (g). The applicant is qualified to make this application and is required to successfully complete a 'Live Scan' background check prior to operation. 5. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii. (i). The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii. (i).

Staff recommends that the Board of Supervisors: Approve the Appeal (AB 24-01), overturning the Planning Commission's denial of Major Use Permit (UP 20-40) and approve Initial Study (IS 20-50), subject to the findings in the Memorandum dated March 12, 2024, and Conditions of Approval in Exhibit E. Sample Motions: Initial Study (IS 20-50) Approval I move that the Board of Supervisors find that the proposed Major Use Permit (UP 20-40) for Higher Ground Farms at 3545 Finley East Road, Kelseyville (APN: 008-026-07) would not have a significant impact on the environment and can be mitigated to 'less than significant' through the implementation of the Mitigated Negative Declaration (IS 20-50), subject to the findings in the Memorandum dated March 12, 2024, and Conditions of Approval in Exhibit E. Appeal Approval (AB 24-01) I move that the Board of Supervisors approve Appeal AB 24-01, in concept, and direct Staff to prepare Draft Findings of Fact.

The communities of Big Valley and Kelseyville wish to establish a Municipal Advisory Council to increase participation in the local Area Plan, the General Plan, and matters of public health, safety, welfare, public works, economic development, planning, land use, and with the Board of Supervisors.

Adopt Resolution establishing the Kelseyville Area Council (KAC) as the Municipal Advisory Committee for the Kelseyville Area in District 5

Library Advisory Committee - 4 Vacancies: District 1, District 2, District 3, District 5 Applicants: Esther Wallace - District 5 Heidi Kreklau - District 3 Robert Taylor - District 2 General Plan Advisory Committee - 5 Vacancies: Tribal, Agriculture - Cannabis, Water District, District 1, and District 2 Applicants: Carolyn Hillman - Agriculture - Cannabis Benjamin Murphy - Water District Daniel Tyrrell - District 1 Edward Robey - District 1 Fletcher Thornton - District 1 Kate Schmidt-Hopper - District 1 Debra Sally - District 2 Fawn Williams - District 2

Appoint the applicants to the Library Advisory Committee and the General Plan Advisory Committee

The current Employee Appreciation and Team Building Policy was initially adopted by the Board of Supervisors in 2007 and portions of the policy have been updated throughout the years, most recently in 2018. The Administrative and Auditor-Controller offices have worked with County Departments to address necessary updates to the Employee Appreciation and Team Building Policy. The revised policy adds accommodations for departments with a widespread workforce or active teleworkers, reduces the burden on department heads, and provides a $5 increase in per employee allocation. Amount Budgeted: Additional Requested: Future Annual Cost:

Consideration and approval of revisions to the Employee Appreciation and Team Building Policy.

This Agreement is needed to render payment for Acute Psychiatric Inpatient Services. These services are fully reimbursable by Medicaid and Medicare. Lake County Behavioral Health Services continues to place clients for Acute Psychiatric Services at Adventist Health psychiatric facilities. LCBHS conducted a Request for Qualifications with Sutter to ensure they remain in good standing to provide continued services.

Approve Agreement Between County of Lake and Adventist Health St. Helena and Vallejo for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Psychiatric Hospitalization in the amount of $3,000,000 for Fiscal Years 2023-26 and Authorize the Board Chair to Sign.

Staff submits for your Board's consideration and approval the attached updated Hiring Incentive Policy. Staff recommends the following changes to the County of Lake Hiring Incentives Policy: * Add a provision to allow the Department Heads to automatically qualify for the hiring incentive without meeting the hard-to-fill criteria. Department Head Recruitments * Hiring incentive of 10% of the annual rate of pay not to exceed $10,000. * Automatically qualify for the hiring incentive. * The hiring incentive will be made in three payments as follows: * The first payment of 50% will be made to an employee within the next available pay period following the date of hire. * The second payment of 25% will be made within the next payroll following the12th month of employment. * The third payment of 25% will be made within the next payroll following two (2) years of employment. * The employee must remain employed with the County for two (2) years or repay the incentive on a pro-rated basis. * The employee shall authorize such repayment as a payroll deduction from the final paycheck, and/or repay any shortage not covered in the final paycheck with a personal check payable to the County of Lake within 15 days of termination.

Approve updated Hiring Incentive Policy to allow Department Heads to automatically qualify for the hiring incentive.