Board Of Supervisors — Tuesday, August 27, 2024

COMMENDING THE LAKE COUNTY WATER RESOURCES TEAM FOR EXEMPLARY WORK ORCHESTRATING THE 2024 CLEAR LAKE INTEGRATED SCIENCE SYMPOSIUM (CLISS) WHEREAS, a complement of environmental considerations affect every aspect of life in Lake County, yet it had been 25 years since a conference had been held highlighting research, management, and conservation of Clear Lake; and WHEREAS, Lake County Water Resources brought together researchers, practitioners from Federal, State, County, and Tribal agencies and non-profit organizations to share important developments in water quality monitoring, lake and lakebed management, and conservation and restoration efforts in the Clear Lake Watershed for the historic 2024 Clear Lake Integrated Science Symposium (CLISS); and WHEREAS, the CLISS showcased 60+ scientific talks and posters, 500+ local and out of county attendees, 25+ government agencies, and a thoughtful and uplifting keynote address from Geneva E.B. Thompson, Deputy Secretary for Tribal Affairs, California Natural Resources Agency; and WHEREAS, the success of the 2024 CLISS was greatly enhanced by its 14 Sponsors - Lake County Watershed Protection District, County of Lake, Yolo County Flood Control and Water Conservation District, Westside Sacramento Integrated Water Management Plan Committee, Ex Ordo, Ohana Resources, Lake Air Adventures, EutroPHIX, Museums of Lake County California, California Natural Resources Agency, Lake County Vector Control District, Alliance of Indigenous Math Circles, Robinson Rancheria Band of Pomo Indians of California, and Habematolel Pomo of Upper Lake; and WHEREAS, the Robinson Rancheria Conference Center, Habematolel Pomo of Upper Lake Meeting Hall, and Soper Reese Theatre provided wonderful settings for each CLISS session, and the staff and volunteers that make each venue extraordinary are to be commended; and WHEREAS, the exemplary and skillful planning team consisted of Water Resources staff, led by Angela DePalma-Dow, Dr. Jeanine Pfeiffer, Abby Leutholdt of Abby Leu Presents, and Sam Euston of Euston Productions; and WHEREAS, a robust and creative technical team helped make valuable CLISS content accessible to a broad audience, in-person and online, including contributions from Robinson Rancheria Information Technology (IT), Habematolel Pomo of Upper Lake IT, Euston Productions, Thomas DeWalt, videographer for Lake County PEG-TV, and Jake Reinke of County of Lake IT, who went above and beyond to solve technical challenges; and WHEREAS, the remarkable film and "Love Song to Clear Lake," XaBatin: Big Lake, Big Science, thoughtfully compiled by Sam Euston and Angela DePalma-Dow, premiered during the 2024 CLISS to rave reviews; and WHEREAS, the 2024 CLISS was professionally organized, educational, and brought some much needed attention to Lake County's defining feature, Clear Lake. NOW, THEREFORE, BE IT PROCLAIMED, the Lake County Board of Supervisors hereby commends the Lake County Water Resources team, their sponsors and partners for orchestrating the truly remarkable 2024 Clear Lake Integrated Science Symposium. Our Board recognizes organizing such an event requires extraordinary contributions and hard work, undertaken in addition to the everyday work of the department. Our Board heartily celebrates the contributions of all who took part; you represented your organizations and communities with great class and professional excellence, and inspired rich discussion regarding a true international treasure - Lake County's Clear Lake.

Adopt Proclamation Commending the Lake County Water Resources Team for Exemplary Work Orchestrating the 2024 Clear Lake Integrated Science Symposium (CLISS).

This proclamation was adopted on February 6, 2024.

Approve Continuation of Local Emergency by the Lake County Sheriff/OES Director for the 2024 Late January, Early February Winter Storms

This Proclamation was adopted February 7, 2023.

Approve Continuation of Proclamation declaring a Clear Lake Hitch Emergency

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

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

The Board of Supervisors originally approved an emergency declaration for shelter crisis on January 24, 2023. The proclamation cited the lack of beds available for those experiencing homelessness and would assist in allowing shelters to continue as well as new shelters to be initiated. Due to the fact that the original proclamation discussed rain and snow as being part of the reason for declaring an emergency, a revised version of the emergency declaration is being brought back to the board to approve with revised recitals. We are still short of beds needed to provide shelter for all of those who are experiencing homelessness. However, great strides are being made at both Behavioral Health and the Continuum of Care with the support of the Board of Supervisors to make progress in what is available.

Approve Continuation of Emergency Proclamation Declaring a Shelter Crisis in the County of Lake

A presentation was given by LCBHS on July 16th, 2024 (Item 6.5 on the agenda) to adopt the resolution. The Resolution was not added and therefore is being added for signature today.

Adopt Resolution Approving the Annual Fiscal Year 2024-2025 Update to the Three Year Lake County Mental Health Services Act Program and Expenditure Plan.

Each year on the night of August 31, landmarks all around the world light up purple for International Overdose Awareness Day. It's one of the most visible and powerful ways we can raise awareness of the growing global overdose crisis and pay tribute to those who have tragically lost their lives. Over the years, we've seen amazing landmarks get involved, including LAX and Staples Centre in Los Angeles, the CN Tower in Toronto, Flinders St Station in Melbourne, and many more. Together, we can make a powerful statement - that overdose is preventable, and we are committed to ending overdose in our communities. International Overdose Awareness Day is the world's largest annual campaign to end overdose, remember without stigma those who have died and acknowledge the grief of the family and friends left behind. The campaign raises awareness of overdose, which is one of the world's worst public health crises and stimulates action and discussion about evidence-based overdose prevention and drug policy. The campaign also acknowledges the profound grief felt by families and friends whose loved ones have died or suffered permanent injury from a drug overdose. International Overdose Awareness Day spreads the message about the tragedy of drug overdose death and that drug overdose is preventable. The goals of International Overdose Awareness Day are: * To provide an opportunity for people to publicly mourn loved ones in a safe environment, some for the first time without feeling guilt or shame. * To include the greatest number of people in International Overdose Awareness Day events and encourage non-denominational involvement. * To provide information about the issue of fatal and non-fatal overdose. * To send a strong message to current and former people who use drugs that they are valued. * To stimulate discussion about overdose prevention and drug policy. * To provide basic information on the range of support services that are available. * To prevent and reduce drug-related harm by supporting evidence-based policy and practice. * To inform people around the world about the risk of overdose. International Overdose Awareness Day was initiated in 2001 by Sally J Finn at The Salvation Army in St Kilda, Melbourne. Since 2001, many community members as well as government and non-government organizations have held events to raise awareness and commemorate those who have been lost to drug overdose. Since 2012, International Overdose Awareness Day has been convened by the not-for-profit Australian public health organization Penington Institute.

Approve lighting of the Lake County Superior Courthouse in Purple in recognition and honor of International Overdose Awareness Day.

COMMENDING THE LAKE COUNTY WATER RESOURCES TEAM FOR EXEMPLARY WORK ORCHESTRATING THE 2024 CLEAR LAKE INTEGRATED SCIENCE SYMPOSIUM (CLISS) WHEREAS, a complement of environmental considerations affect every aspect of life in Lake County, yet it had been 25 years since a conference had been held highlighting research, management, and conservation of Clear Lake; and WHEREAS, Lake County Water Resources brought together researchers, practitioners from Federal, State, County, and Tribal agencies and non-profit organizations to share important developments in water quality monitoring, lake and lakebed management, and conservation and restoration efforts in the Clear Lake Watershed for the historic 2024 Clear Lake Integrated Science Symposium (CLISS); and WHEREAS, the CLISS showcased 60+ scientific talks and posters, 500+ local and out of county attendees, 25+ government agencies, and a thoughtful and uplifting keynote address from Geneva E.B. Thompson, Deputy Secretary for Tribal Affairs, California Natural Resources Agency; and WHEREAS, the success of the 2024 CLISS was greatly enhanced by its 14 Sponsors - Lake County Watershed Protection District, County of Lake, Yolo County Flood Control and Water Conservation District, Westside Sacramento Integrated Water Management Plan Committee, Ex Ordo, Ohana Resources, Lake Air Adventures, EutroPHIX, Museums of Lake County California, California Natural Resources Agency, Lake County Vector Control District, Alliance of Indigenous Math Circles, Robinson Rancheria Band of Pomo Indians of California, and Habematolel Pomo of Upper Lake; and WHEREAS, the Robinson Rancheria Conference Center, Habematolel Pomo of Upper Lake Meeting Hall, and Soper Reese Theatre provided wonderful settings for each CLISS session, and the staff and volunteers that make each venue extraordinary are to be commended; and WHEREAS, the exemplary and skillful planning team consisted of Water Resources staff, led by Angela DePalma-Dow, Dr. Jeanine Pfeiffer, Abby Leutholdt of Abby Leu Presents, and Sam Euston of Euston Productions; and WHEREAS, a robust and creative technical team helped make valuable CLISS content accessible to a broad audience, in-person and online, including contributions from Robinson Rancheria Information Technology (IT), Habematolel Pomo of Upper Lake IT, Euston Productions, Thomas DeWalt, videographer for Lake County PEG-TV, and Jake Reinke of County of Lake IT, who went above and beyond to solve technical challenges; and WHEREAS, the remarkable film and "Love Song to Clear Lake," XaBatin: Big Lake, Big Science, thoughtfully compiled by Sam Euston and Angela DePalma-Dow, premiered during the 2024 CLISS to rave reviews; and WHEREAS, the 2024 CLISS was professionally organized, educational, and brought some much needed attention to Lake County's defining feature, Clear Lake. NOW, THEREFORE, BE IT PROCLAIMED, the Lake County Board of Supervisors hereby commends the Lake County Water Resources team, their sponsors and partners for orchestrating the truly remarkable 2024 Clear Lake Integrated Science Symposium. Our Board recognizes organizing such an event requires extraordinary contributions and hard work, undertaken in addition to the everyday work of the department. Our Board heartily celebrates the contributions of all who took part; you represented your organizations and communities with great class and professional excellence, and inspired rich discussion regarding a true international treasure - Lake County's Clear Lake.

Presentation Only.

The purpose of this ordinance is to address the serious health hazard of second and thirdhand smoke exposure in the unincorporated areas of Lake County, and all County owned and leased properties. Tobacco is still the leading cause of preventable disease, disability, and death, killing nearly 40,000 in California every year. The US Surgeon General has determined that there is no safe level of exposure to secondhand smoke or aerosol.

Waive the reading of the ordinance and have it read in title only. Advance the ordinance to the next regular meeting for a second reading.

As your Board is aware, staff has been working on the design of a project to transform the former National Guard Armory building into a new administration facility for the Lake County Sheriff's Office (LCSO) since the County took ownership of the building in 2022. The LCSO currently operates in multiple locations with multiple divisions; this project will centrally locate the LCSO divisions of administration, finance, evidence, patrol, records, and investigations onto the same North Lakeport campus that currently houses dispatch, emergency services, and the correctional facility. In April 2023 your Board approved an architectural engineering agreement with Dewberry Architects to prepare the preliminary project design, and in March of this year your Board approved an agreement with Dewberry to advance the project to final design and prepare construction documents. Additionally, last month your Board directed staff to explore options for financing the project and to bring back a final bond issuance agreement for Board consideration. Update Over the past several months the design team has worked to complete a facility design that meets the operational needs of the LCSO while ensuring compliance with all relevant building codes. The final design includes the following key features: * Administrative Offices: A modernized space for the administration and support staff of the LCSO. * Meeting and Training Rooms: Equipped to facilitate training, meetings, and departmental briefings. * Enhanced Infrastructure: Improvements to the building's infrastructure, including HVAC, electrical, and plumbing systems, to meet current standards and future needs. * Sustainability: Incorporation of energy-efficient systems and sustainable materials to reduce the building's environmental impact. Staff from Dewberry will give a brief presentation summarizing the project; a copy of their presentation is included with the agenda packet. Next Steps With the design phase complete, the next step in the project is to solicit bids for construction. In accordance with State code and County policy, your Board must approve the project plans and specifications and authorize staff to solicit bids for construction. A copy of the plans and specifications are available for review at the Public Services Department. It is important to note that the specifications include notice to interested bidders that award of a contract for construction will be subject to the County's securance of project funding. The estimated construction cost estimate is approximately $16.7 million, with additional costs such as design, construction management, furnishings/equipment, and other miscellaneous items bringing the total project cost to $20.7 million. As aforementioned, and at the direction of your Board, a plan of finance is underway to secure project funding for your Board's consideration. Purchasing Considerations (check all that apply): ? Not applicable ? Fully Article X.- and/or Consultant Selection Policy-Compliant (describe process undertaken in "Executive Summary") ? Section 2-38 Exemption from Competitive Bidding (rationale in "Executive Summary," attach documentation, as needed) ? Other (Please describe in Executive Summary) ? Well-being of Residents ? Public Safety ? Disaster Preparedness, Prevention, Recovery ? Economic Development ? Infrastructure ? County Workforce ? Community Collaboration ? Business Process Efficiency ? Clear Lake

Approve the Plans and Specifications for the Remodel of the National Guard Armory to the Lake County Sheriff Administration Facility and Authorize the Public Services Director / Assistant Purchasing Agent to advertise for bids.

The attached Report of Lake County Pooled Investments provides an overall economic update as well as reporting information on the County's holdings. This reporting includes those holdings under the Chandler managed investment portfolio as well as consolidated reporting managed directly by Treasury staff. A historical chart is attached as well reflecting the interest deposited on a quarterly basis. The total earnings for Q4 2023/2024 were $ 4,382,579.16

As you may be aware, the Board of Supervisors took action on February 1, 2022 & April 19, 2022 by passing Resolutions 2022-15 & 2022-45. Resolution 2022-15 temporarily suspended the tax rate increase pursuant to the consumer price index through 2023. Resolution 2022-45 temporarily reduced the cannabis cultivation tax rate for 2021 and 2022 by 50% and temporarily limited the cultivation tax to the canopy area for 2022 and 2023. On April 11, 2023, the Board of Supervisors passed Resolution 2023-43 amending the aforementioned resolutions extending them through the end of 2024. These reductions were due to the dramatic decrease in the cannabis market. According to the Lake County Cannabis Alliance, the price per pound of cultivated outdoor cannabis reached a high of $1200 2020 dropping to a low of $200 in 2021 and in 2024 hovering under $400. While it would appear that there have been some gains as of late, there is still a possibility of the price per pound going down again as the market continues to stabilize. The resolution before the Board allows all prior resolutions to expire and rescinds those resolutions at the end of the year, December 31, 2024. It also allows the consumer price index increase to be reinitiated starting January 1, 2025 for the 2025 cultivation year and for all future years. Since the price per pound has increased, rescinding some aspects of the reductions that the Board of Supervisors has afforded our local growers since 2022 helps get us back towards where we started in tax collection, based on Measure C. While the market may have not completely settled, enough respite has been given to cultivators in Lake County that slowly rescinding some of these tax breaks should be on the table. The resolution does offer to extend continuing to tax canopy rather than cultivation area and to keep the 50% reduction based on the original amount prior to the April 19, 2022 resolution. Below is the amount of cannabis taxes collected by year. 2017-18 2018-19 2019-2020 2020-21 2021-22 2022-23 2023-24 Cannabis Tax $267,593.04 $526,067.41 $486,193.27 $8,344,877.05 $6,414,914.58 $1,850,374.40 $2,512,927.44 Penalty $0.00 $0.00 $0.00 $175,088.68 $61,681.82 $33,601.70 $17,847.58 Total $267,593.04 $526,067.41 $486,193.27 $8,519,965.73 $6,476,596.40 $1,883,976.10 $2,530,775.02

Adopt Resolution To Extend Temporary Reduction of the Cannabis Cultivation Tax Rate, Extend Temporarily Limiting Cultivation Tax to Canopy Area Through 2025, and Rescind the Suspension of Tax Rate Increases Pursuant to the Consumer Price Index

On September 28, 2023, the Planning Commission unanimously approved the revocation of the major use permit (UP 19-15) for one acre of outdoor cannabis cultivation for Legendary Farms, located at 2290 Soda Bay Road, Lakeport (APN 008-010-29), a parcel within the Farmland Protection Zone "FPZ", due to unpermitted cannabis cultivation, and processing cannabis in two unpermitted buildings, both high severity violations in the Lake County Code. Additionally, they deemed the following persons as Responsible Persons for the violations: Legendary Farms Permittee Melissa Smith, Former Legendary Farms Agent Michael Wegner, Property Owner United Investment Ventures, LLC Manager Justin Smith, Neighboring Property Owner Roberto Estrada, Neighboring Property Joint Tenants Karl and Leilani Kohlruss, and Robert Luis Tirado. Multiple appeals of the Planning Commission's decision were filed in a timely manner. These appeals include both the revocation of UP 19-15, and the naming of responsible persons. For clarity, the following memorandum will cover the appeal by topic, rather than address each appeal individually. The appeals are summarized in Table 1, below. Table 1. Appeals Received AB 23-02 Roberto Estrada Appeal Responsible Person Designation AB 23-03 Justin and Melissa Smith Appeal Revocation and Responsible Person Designation AB 23-04 Michael Wegner Appeal Responsible Person Designation The staff report and supporting documents considered by the Planning Commission are included as Exhibit A. The minutes for the September 28, 2023, Planning Commission meeting are included as Exhibit B. The video of the meeting is available at the Planning Commission section of the Advisory Board and Commissions Agenda, Minutes, and Video page on the County website. Revocation of UP 19-15 On September 28, 2023, the Planning Commission held a public hearing to consider the Community Development Department Director's recommendation for revocation of UP 19-15, for outdoor cultivation of up to one acre located at 2290 Soda Bay Road, due to high severity violations. This noticed public hearing had been scheduled on September 14, 2023, but the Planning Commission did not have quorum on that date. The item was subsequently rescheduled for September 28, 2023, and a second notification was sent out to property owners within a 725-foot radius of the site and published in the local newspaper no less than 10 days prior to the meeting. During the public hearing, the following people spoke: Edie Lerman, Joe Rogoway, Esq., Michael Wegner, Frank Perez, Gordy Roberts, Joe Fernandez, Brian Castro, and Valerie Peng. After holding the public hearing, the Planning Commission revoked UP 19-15 based on the following findings: 1. Based on Article 60.12 (Attachment 10) of the Lake County Zoning Code, a hearing to revoke a use permit may be initiated by request of the Planning (Community Development) Director. 2. Engaging in cannabis operations beyond the scope of an existing county permit creates the possibility of substantial jeopardy to the environment and impacts the safety of all County residents. 3. Failure to obtain the necessary permits to engage in cannabis cultivation legally in Lake County is a fraud against the County, depriving the County of the tax to which it is lawfully due, and constitutes an unlawful business practice which puts those engaged in permitted cannabis cultivation operations at a distinct and significant disadvantage. 4. The approximately 3,340 cannabis plants found outside the approved canopy area, and the cultivation activities taking place within the two unpermitted structures, are high severity violations of the Lake County Code. 5. Unpermitted cannabis processing taking place in the unpermitted structures was supported by electrical power via extension cords coming from the adjacent parcel, owned by Roberto Estrada, with Joint Tenants Karl and Lelani Kohlruss. (a) Appeal of Revocation On October 4, 2023, an application for an appeal (AB 23-03) of the Planning Commission's decision was received by the department, from Joe Rogoway, Esq, on behalf of Legendary Farms LLC, United Investment Ventures LLC, Justin Smith, and Melissa Smith. The appeal included nine points, which are listed below, with the department's response following in italics. 1. The Planning Director violated Appellants' due process rights by failing to provide proper notice of the Hearing. The hearing notice for the September 28, 2023 Planning Commission meeting was posted in the Lake County Record-Bee Legals Section on September 16, 2023, and was mailed to the listed property owners of parcels within 725 feet of the Legendary Farms property. 2. The Community Development Department, in the Staff Memorandum, conflated the Appellants with each other and with third parties, and improperly identified Melissa Smith as the permittee of UP 19-15. Melissa Smith is listed as the Applicant for UP 19-15, with Michael Wegner as Agent. At the time of the application for the Legendary Farms major use permit (UP 19-15), Frank Perez was listed as property owner, but the property was sold to Justin and Melissa Smith as Joint Tenants on July 21, 2021. Another grant deed was recorded on September 7, 2021, transferring title from Justin and Melissa Smith to United Investment Ventures LLC, and on November 23, 2023, listing Justin and Melissa Smith as owners and managing members of United Investment Ventures LLC, transferring title to the Justin and Melissa Smith Living Trust (Exhibit C). Communications regarding UP 19-15 have been with Melissa Smith, Michael Wegner, and Ms. Smith's attorney. 3. Robert Luis Tirado ("Mr. Tirado") was not an agent, representative or responsible person of any of the Appellants, but the Planning Commission improperly attributed conduct of Mr. Tirado to the Appellants. It is the position of the department that Permittees and Property Owners are responsible for their property and ensuring that no activity takes place which could violate the approved conditions of their permit. This would include illegal cannabis cultivation taking place approximately 780 feet from the permitted cultivation area. 4. It was an error for the Planning Commission to determine there was a failure of anyone to take responsibilities for high-severity violations that purportedly occurred at the Subject Property, when Mr. Tirado provided the Community Development Department with a notarized declaration, under penalty of perjury, accepting sole responsibility for the conduct resulting in CMP 22-000215 (the "Declaration") (Exhibit D). During discussions between Staff and the Permittee, we were provided with the declaration from Mr. Tirado. At no time did Mr. Tirado contact the department regarding the illegal cannabis cultivation taking place at the Legendary Farms property. The Department's position remains as described above, in Response #3. 5. It was an error for the Planning Commission to selectively utilize the Declaration as the basis for attributing fault to all of the Appellants. The Planning Commission revoked the Legendary Farms permit (UP 19-15) based on the findings listed in the Staff Report, dated September 28, 2023, and also listed above. 6. The Planning Commission erred in revoking UP 19-15 for violations that were promptly corrected one-year prior to the Hearing without any subsequent violations. The timely filing of appeals of the Planning Commission's revocation of UP 19-15 stayed the revocation action and allowed Legendary Farms to continue to operate their cultivation business. During the latest annual inspection on September 27, 2023, Staff observed subsequent violations. The Legendary Farms site is within the Farmland Protection Zone. According to Ordinances 3101 and 3103, all cannabis cultivation within the Farmland Protection Zone was to be converted from outdoor to mixed light by May 21, 2023. Michael Wegner submitted the documents to transition to mixed light on April 7, 2022. However, at the site visit it was observed that the transition to mixed light had not occurred. Lake County Code, Section 27.13(at)(vi)(1)(iii)(b) states, "The use permit shall be revoked if the condition of approval for meeting requirements of the FPZ has not been met by the expiration. (iv) The applicable application shall be updated by the applicant to meet the new compliance requirements of the Farmland Protection Zone no later than May 21, 2022. (a) If no update to the applicable application has been received by the above referenced date, the eligibility for early activation and/or use permit shall be revoked." Additionally, the framework and electrical wiring, as well as other appliances for cannabis processing, and cannabis plant material on the floor, were observed in the unpermitted structures where the unpermitted cannabis activities were noted the year before. 7. The Planning Commission erred in revoking UP 19-15 for violations that no longer continue to impact the environment. The process for requesting revocation and holding a public hearing to consider the revocation, was in compliance with the Lake County Code. The Planning Commission revoked UP 19-15 based on the findings in the Staff Report dated September 28, 2023, and listed above. 8. Planning Commission erred in revoking UP 19-15 based on ENF23-01124, a separate alleged violation that has not been fully adjudicated, which alleged violation was attributed to United Investment Ventures LLC rather than to the holder of UP 19-15, and which is currently in the process of being abated. Mr. Rogoway submitted a written appeal to ENF23-01124 on September 1, 2023, on behalf of United Investment Ventures LLC (Property Owner). Mr. Rogoway requested enforcement of the abatement order be stayed (Exhibit E). Staff is waiting for the outcome of this appeal to guide further abatement actions. 9. The Planning Director's unreasonable delay in seeking revocation of UP 19-15 severely prejudiced Appellants ability to address the accusations in the Staff Memorandum. The Appellants were notified of the public hearing in compliance with state law and were in attendance at the September 28, 2023 hearing. (b) High Severity Violation - Responsible Persons The Lake County Code, Chapter 13, Section 47(q) defines Responsible Person(s) as the following: i. A person who causes or materially contributes to the causation of an Administrative Violation; ii. A person who maintains or allows an Administrative Violation to continue by his or her action or inaction; iii. A person whose agent, employee, consultant, or independent contractor causes or materially contributes to the causation of an Administrative Violation iv. An on-site manager of a business who is responsible for the activities occurring at the premises where an Administrative Violation occurs; v. A trustee or other person who is given the legal authority to manage property on behalf of someone where an Administrative Violation occurs; vi. A person who is a parent or guardian having custody and control of a Minor who contributes to the causation of an Administrative Violation vii. A person who is the owner of, or who exercises control over, or any lessee or sub lessee with the current right of possession and control of real property where a property related Administrative Violation occurs. Lake County Code Chapter 13, Section 50 regulates administrative penalties for failure to obtain required County permit(s) for cannabis operations and other "High Severity Violations." In addition to administrative penalties, Section 50.3(b) states, "Permit Ineligibility. Any Responsible Person(s) determined to have violated this section shall be deemed permanently ineligible to obtain any County permit(s) for cannabis operations in the unincorporated area of the County of Lake." At the September 28, 2023 hearing, the Planning Commission deemed the following persons responsible for the high severity violation: Table 2. Persons deemed Responsible Persons for High Severity Violations Melissa Smith Legendary Farms Permittee Justin Smith United Investment Ventures LLC managing partner and landowner Michael Wegner Agent for Legendary Farms Roberto Estrada Neighboring property owner Karl and Lelani Kohlruss Joint Tenants at neighboring property Robert Luis Tirado Cultivator at unpermitted site on Legendary Farms property Appeals to the Planning Commission's decision were received in a timely manner, appealing the Planning Commission's Responsible Person designation for Roberto Estrada (AB 23-02), Melissa and Justin Smith (AB 23-03), and Michael Wegner (AB 23-04). AB 23-02 Appeal of Roberto Estrada (Exhibit F) During the site visit on September 14, 2022, Staff met Mr. Wegner on-site. In addition to the unpermitted cultivation, Staff identified two metal buildings. They requested entry to the buildings and Mr. Wegner told them he did not have the keys and that the structures were not part of the permit activity. The next day, when Staff was joined by Sheriff Deputies, access to the structures was granted at the Deputies' request. Staff found drying racks, lights, air conditioners and air circulation equipment, as well as cannabis shake on the floor and in a trail from the buildings to the adjacent property. The department found no record of electrical permits. Staff observed an extension cord connecting the metal structures with the adjacent property, owned by Mr. Estrada, with Karl and Leilani Kohlruss as Joint Tenants. Cannabis processing in the unpermitted structures is outside of the approved Legendary Farms project description. Because the electrical cord powering the equipment led to the adjacent parcel, Mr. Estrada was deemed a Responsible Person in the high severity violation. The appeal application did not include a basis for the appeal, nor has the department received further documentation from Mr. Estrada or his representative. AB 23-03 Appeal of Justin and Melissa Smith (Exhibit G) Please refer to Section (a) regarding the Planning Commission's determination of Melissa Smith and Justin Smith as Responsible Persons for the high severity violations. AB 23-04 Appeal of Michael Wegner (Exhibit H) Mr. Wegner served as an agent for Legendary Farms through the permitting process. He also coordinated and attended the annual site visit in 2022. Mr. Wegner also attended the follow up site visit on December 15, 2023. After the site visit and abatement, Mr. Wegner and Ms. Smith met with Staff regarding the Legendary Farms violations. It was due to this ongoing representation of Mr. Wegner as agent to Legendary Farms, that the Planning Commission deemed Mr. Wegner a Responsible Person in the high severity violations. The appeal application (AB 23-04) included the statement that Mr. Wegner presented to the Planning Commission at the September 28, 2023 meeting. It included the following reasons for the appeal: 1. Two days notice of the hearing The public hearing was noticed by direct mail to property owners within a 725-foot radius of the Legendary Farms property; and by publication in the local newspaper of record. Mr. Wegner was not directly notified of the hearing. In his statement at the Planning Commission hearing, he noted that he found out when he looked at the agenda for the Planning Commission meeting. 2. His presence at the December 14 and 15, 2023, site visits do not make him a responsible party. Due to Mr. Wegner's ongoing participation in the permit process, his coordination, attendance and participation at both site visits, and continued participation in communications with Staff regarding the matter, the Planning Commission deemed Mr. Wegner a Responsible Person in the high severity violations at Legendary Farms. Staff recommends the Board of Supervisors deny appeals AB 23-02 (Roberto Estrada), AB 23-03 (Melissa Smith, Justin Smith, United Investment Ventures LLC, Legendary Farms LLC), and AB 23-04 (Michael Wegner), in concept, and direct Staff to prepare the Findings of Fact. Exhibits A Staff Report and Attachments for Revocation Request from the September 28, 2023 Plannng Commission Hearing B Planning Commission Minutes from September 28, 2023 C Grant Deeds for 2290 Soda Bay Road, from July 2, 2021 to November 3, 2023 D Tirado Declaration E Appeal of Violation (ENF23-01124) by Request of Administrative Hearing before the Board of Supervisors, dated September 1, 2023 F Appeal Request for AB 23-02 (Roberto Estrada) G Appeal Request for AB 23-03 (Melissa Smith and Justin Smith) H Appeal Request for AB 23-04 (Michael Wegner)

(a) Deny Appeal (AB 23-02), and uphold the Planning Commission's determination of Roberto Estrada as a Responsible Person in the high severity violations of Major Use Permit (UP 19-15); Legendary Farms cannabis cultivation permit, at 2290 Soda Bay Road (APN 008-010-29), in concept; and (b) Deny Appeal (AB 23-03), and uphold the Planning Commission's revocation of Major Use Permit (UP19-15); Legendary Farms cannabis cultivation permit, at 2290 Soda Bay Road (APN 008-010-29), and the Planning Commission's determination that Justin Smith and Melissa Smith are Responsible Persons in the high severity violations, in concept; and (c) Deny Appeal (AB 23-04), and uphold the Planning Commission's determination of Michael Wegner as a Responsible Person in the high severity violations of Major Use Permit (UP 19-15); Legendary Farms cannabis cultivation permit, at 2290 Soda Bay Road (APN 008-010-29), in concept; and (d) Direct Staff to prepare draft Findings of Fact for the above actions.

The Lake County Air Quality Management District (District) has had significant staffing issues for a number of years. We have been notified that our Senior Air Quality Engineer is taking a position with another Air District due to increased pay, benefits, and a lower cost of living. This will leave the District with 2.8 FTE (APCO, Deputy APCO, and a recently hired Administrative Assistant) of 6 positions. As a result of the loss of staff, the District must implement immediate measures to ensure statuary mandates are complied with. The District's highest priority is to maintain the air monitoring program and our attainment status designation. We anticipate that 50% to 70% of our total staff time will be dedicated to the air monitoring program to ensure we do not lose our attainment status. Monitoring requires regular equipment checks, maintenance, cleaning, calibrations/verifications, data processing (one minute data for 24/7 operations for multiple instruments results in extremely large data sets for processing, review, and certification), and a number of other mandates related to State and Federal quality assurance requirements. With the remaining staff time, the essential basic District functions, budgets, bills, and permitting will take up the remaining staff time. The result of this is that many non-mandatory activities will be put on hold or dropped until our staffing issue is resolved. These include grants, MOU's with the State, complaint response (general complaints), wildfire/emergency response, non-mandatory air monitoring, and other assistance which is not mandated by law. Effective immediately, all pass through grant programs with funds that are not currently under contract will be suspended and notifications will be sent to appropriate parties informing them of the grant program suspension. Unexpended grant funds will be returned to the State as appropriate. MOU's with the State for landfill gas enforcement and prescribed fire will be put on hold and the State will be notified that no further work will be performed by the District until further notice. Starting September 3, 2024, the District office will be closed to walk-in traffic, as there will not be adequate staff available in the office. The District will now be requiring appointments for all in-person services until further notice. Partial closures have been ongoing for the past two years, so the public is generally aware of the recommendation to make an appointment. Please note that due to the threats we have received over the past couple years, the District has already initiated safety protocols including closing the office to the public unless a minimum of 2 staff are available in the office. The District is pursuing contracts with consulting firms that specialize in air district related issues to assist with emissions inventory, air toxics reporting, health risk assessments, reporting, enforcement, air monitoring, equipment maintenance, and any other assistance necessary for mandated activities. The District is negotiating with other nearby air districts for limited assistance when possible. The District has completed two recruitment's this year to fill an engineer vacancy, with no success. District staff is working with Human Resources and County of Lake Administration to develop options for a path forward. A public information release regarding the office closure and appointment requirement will be forthcoming.

Informational only, no action at this time.

Under 9 California Code of Regulations (CCR) section 1810.430(a), a Mental Health Plan like Behavioral Health is required to contract with a Traditional Hospital (TH) that meets the Implementation Plan standards. Behavioral Health shall also contract with Disproportionate Share Hospitals (DSH) that meet the Implementation Plan criteria and is either in the County or, if in a different County, accounts for 5 percent or $20,000, whichever is more, of the total fiscal year Fee-For Service/Medi-Cal psychiatric inpatient hospital services payments for Behavioral Health clients. Lake completed a Request for Qualifications (RFQ) with BHC Heritage Oaks to ensure they remain in good standing for continued partnership and provision of these services.

Approve Agreement Between County of Lake and BHC Heritage Oaks Hospital, Inc. for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Psychiatric Hospitalization in the Amount of $300,000 for Fiscal Year 2024-25 and Authorize the Board Chair to Sign.

Mental Health Advisory Board: One (1) vacancy - Member at Large Sandra Campos

Appoint qualified applicant.

The Community Corrections Partnership (CCP) on October 19, 2023, authorized the Probation Department to move forward with developing housing for justice-involved individuals to deal with the large amount of this population that are homeless in Lake County following incarceration. The CCP allocated $5,000,000 for this expense. This amount has not been added to the Probation Department budget because we were determining if this project was feasible with this amount of funding and a Request for Proposal process was conducted. The Probation Department is seeking to increase both revenues and appropriations by $5,000,000 for the FY 24/25 budget. The funds have already been received in fund 610 and are available to transfer once a contract is approved. The Probation Department has developed a plan for housing by contracting with Rural Communities Housing Development Corp. Attached is a Power Point presentation describing the proposal. Following the RFP process, a Notice of Intent was issued on May 14, 2024, selecting RCHDC for the housing project. No protests were received to that Notice. The Probation Department and the RFP committee believe this is the best project to meet the needs of justice-involved homeless. As such, the Probation Department requests that the attached Memorandum of Understanding and Funding Agreement Between County of Lake and Rural Communities Housing Development Corporation be approved by your Board and signed by the chair. Following the Board's direction on 8/20/24, the MOU has been modified to include the appropriate Lake County Continuum of Care language and to reflect that the agreement the parties will reevaluate the scope of the project within 5 years.

Approve Memorandum of Understanding and Funding Agreement Between County of Lake and Rural Communities Housing Development Corporation (RCHDC) in an amount not to exceed $5,000,000 and authorize the Chair to sign.