Board Of Supervisors — Tuesday, September 17, 2024

On May 7, 2024, your Board Approved an Agreement between the County of Lake and Tetra Tech, Inc., for Pre-Assessment Services requested by CalOES as a precursor to any potential large-scale operations to mitigate our Tree Mortality Emergency. Work on the Pre-Assessment remains ongoing at this time, and remains necessary to support CalOES' informational needs. The Amendment before your Board today extends the Period of Performance, only (through November 30, 2024), at no additional cost to the County (i.e., the total Agreement amount remains $201,359.72). Therefore, staff recommends your Board Approve Amendment No. 1 to the Agreement for Tree Survey Services between the County of Lake and Tetra Tech, Inc., and Authorize the Chair to sign.

Your Board has declared Pervasive Tree Mortality a Local Emergency (Resolution No. 2022-61, Adopted May 3, 2024), and among your 2024 Legislative Priorities (established during your January 23, 2024, Governance Workshop). Further, now-State Senate President pro Tempore, Mike McGuire, and the California State Legislature have signaled strong support for Lake County moving forward with Tree Mortality mitigation, providing a $1M FY2023 Budget Allocation (AB 102) to support hazardous tree removal. Your Board will additionally recall, Lake County's application for California Disaster Assistance Act (CDAA) support to mitigate Tree Mortality affecting County roadways and evacuation routes included a request to waive the local match (25%) requirement. In the months since our initial submittal, CalOES staff advised, in the current adverse budgetary climate, a pre-assessment must be conducted to determine whether Tree Mortality in Lake County is eligible for Private Property Debris (Tree) Removal (PPDR). Data gathered from that assessment is expected to inform CalOES' determinations on PPDR eligibility and, ultimately, our request to waive the local match requirement. Initial estimates suggest upward of 80% of the approximately 20,000 dead and dying trees that could potentially threaten County roadways are rooted in Private Property. In some high priority areas, that number could be north of 90%. Fully mitigating the Tree Mortality emergency may cost more than $100M. Therefore, the County's capacity to effectively mitigate Tree Mortality is highly dependent on these CalOES approvals. On May 7, 2024, your Board Approved an Agreement with Tetra Tech, Inc., to cover the pre-assessment. AB 102 funds have been used to support the $201,359.72 cost. Staff found the Agreement was fully compliant with County Purchasing policies under the Section 2-38.4 Exemption for Cooperative Purchasing, as it leveraged a State Master Service Agreement. Tetra Tech was top ranked in that competitive solicitation, and State and County Purchasing Policies permitted "Piggybacking" in that manner. State procurement documents can be accessed here: https://caleprocure.ca.gov/PSRelay/ZZ_PO.ZZ_CTR_SUP_CMP.GBL?Page=ZZ_CTR_SUP_PG&Action=U&SETID=STATE&CNTRCT_ID=5-22-99-33-04 The Agreement's Scope, further had been reviewed by CalOES staff, to ensure it met their needs for the pre-Assessment.

Approve Amendment No. 1 to the Agreement for Tree Survey Services between the County of Lake and Tetra Tech, Inc., and Authorize the Chair to sign.

Proclamation DESIGNATING THE MONTH OF SEPTEMBER 2024 AS NATIONAL RECOVERY MONTH IN LAKE COUNTY WHEREAS, Recovery Month recognizes the strong and proud recovery community, the dedication of service providers and community members in Lake County who assist and support individuals from prevention services to recovery; and WHEREAS, Lake County Behavioral Health Services provided substance use disorder services to 559 participants, Hilltop Recovery Services provided 264 residential treatment beds, Redwood Community Services Tule House provided residential treatment services to 43 women and 17 children, Hilltop Recovery Services and Fran's House Sober Living Environment (SLE) provided combined safe housing to 29 men and women and 10 children in the calendar year 2023; and WHEREAS, Lake County Behavioral Health Services provided mental health services to 2,034 individuals during the calendar year 2023; and WHEREAS, nationally 24 million people in the US experience a substance use disorder, while 9.5 million experience both substance use disorder and mental health disorders; and WHEREAS, 7 in 10 adults who have substance use disorders, consider themselves recovering or in recovery and 2 in 3 adults who have mental health disorders consider themselves recovering or in recovery; and WHEREAS, through promotion of Recovery Month, people from all walks of life are encouraged to become knowledgeable about what they can do to create a healthier tomorrow for themselves and others by helping to prevent these problems today; and WHEREAS, Recovery is possible, and treatment is effective. People in recovery can and do become gainfully employed, own homes, and rejoin their families and their communities. WHEREAS, The County of Lake Board of Supervisors and Lake County Behavioral Health's Substance Use Disorder Services, Mental Health Services, Hilltop Recovery Services, Redwood Community Services, SafeRx, Hope Rising and Lake County Health Services urges all citizens, families, governmental agencies, public and private institutions, businesses, healthcare, education systems in Lake County to support efforts that will increase community awareness, understanding and action to address substance use disorder and mental health conditions in our community.

Adopt Proclamation Designating the Month of September 2024 as National Recovery Month in Lake County.

4 Kids 2 Kids, INC. operates many facilities for youth, including Short Term Residential Treatment Programs (STRTP). California Assembly Bill 1051 now requires the Mental Health Plan (MHP) of Original Jurisdiction to maintain responsibility for the cost of Specialty Mental Health Services (SMHS) provided out of County, in most circumstances. As such, we expect a significant increase in contracts with out-of-County STRTP SMHS fee-for-service. We are working closely with the Probation Department, Child Welfare Department, and the Lake Count Office of education to ensure we are notified timely of STRTP placements. These three agencies are the placing agencies in our community. These costs are billed fee-for-service and are fully Medi-Cal reimbursable. We have conducted a Risk Assessment and Request for Qualifications with the providers to ensure they are in good standing. The purchasing process that supported this particular Agreement stemmed from a Request for Qualifications (RFQ) associated with a recent California State Senate Bill that required local behavioral health care services entities to contract with this particular category of facility. I look forward to presenting this item, and can provide further information on County Purchasing Ordinance compliance, if it pleases your Board.

Approve Agreement between County of Lake and 4 Kids 2 Kids, INC. for Specialty Mental Health Services in the amount of $50,000.00 for Fiscal Year 2024-2025 and Authorize the Board Chair to Sign.

The original agreement between the County of Lake and OpenGov, Inc. for Software Services, was approved by the Board of Supervisors and the Agreement for services commenced on December 1 2023. Since then, OpenGov, Inc. has been a valuable partner to staff in developing Software Services. The current agreement for services does not include the additional hours needed to copy and configure record types to match other jurisdictions currently implemented configuration. OpenGov, Inc. has been developing this comprehensive software program for the CDD for eight (8) months with the guidance of CDD for content and functionality. This collaborative effort has identified areas for improvement not foreseen when the original contract was drafted. The additional services needed to configure record types to match another jurisdiction currently using the service will improve the functionality and extend the life of the program for CDD reducing the chance in the future to need to update or modify the program. For these reasons we believe the cost increase now mitigates the risk of financial burden in the future.

Approve First Amendment of Agreement between the County of Lake and OpenGov, Inc. to Increase Compensation by $14,405; for a Total Compensation Not to Exceed $479,655. for Software Services and authorized the Chair to sign.

I respectfully request the Board's approval to close the Probation Department to the public on Wednesday, October 16, 2024, from 2PM to 5PM for All-Staff Training. While closed, the Probation Department will participate in a facilitated event by the Blue Zones Project to enhance team wellness, cohesion, and morale. The Chief Probation Officer and Department management staff remain on call during these times to respond as needed to emergent situations. Your approval of these requests will enhance Department wellness and morale.

Approve Request to Close the Probation Department on Wednesday, October 16, 2024, from 2PM-5PM for All-Staff Training

The California Department of Resources Recycling and Recovery (CalRecycle) regularly solicits local jurisdictions for different recycling and solid waste diversion grant opportunities. Examples of grant programs include household hazardous waste, tire amnesty, used oil/filter collection, and beverage recycling education. To streamline the application process as grant opportunities, arise, and to maximize the regional impact of the programs funded through the grants, staff prepared a resolution authorizing the Public Services Director to submit applications to CalRecycle for a period of five years from the date the resolution is approved. Additionally, the resolution authorizes the Public Services Director to submit applications as a regional applicant on behalf of the City of Clearlake and the City of Lakeport. The city managers from both cities have provided the Public Services Department with letters authorizing the County to act on each city's behalf for CalRecycle grants. In 2020 the Board of Supervisors approved a similar resolution authorizing the Public Services Director to submit applications to CalRecycle for a period of five years for solid waste management related grants for which the County of Lake is eligible. In that time the Public Services Department has applied for and been awarded the following grants that have contributed to the County's goal of meeting state-mandated diversion requirements or other related solid waste goals: - Two two-year Short-Lived Climate Pollutant and Organic Waste Methane Emissions Reductions grants totaling $190,000 to support County staff in the management of the edible food recovery program, record-keeping, enforcement, reporting, composting education and materials, and residential food waste education and materials. - Three two-year Tire Amnesty and Waste Tire Cleanup grants totaling $94,000. The amnesty grants allow residents, at no cost, to dispose of passenger tires at Lake County Waste Solutions transfer station in Lakeport or the South Lake Refuse and Recycling Center in Clearlake. Additionally, the grant enabled County staff and local haulers to collect illegally dumped tires from public roadways, waterways, parks, and certain private properties. As a result of these grants, 31,000 tires were diverted from the waste stream and/or illegal dumping. - Five one-year Oil Payment Program grants totaling $102,247. These grants funded the collection and proper disposal of approximately 105,000 gallons of used oil and 35,000 used oil filters at several collection sites around Lake County, all at no cost to the public. The grant is also used for education, supplies, signage and marketing for the sites. - Five one-year Beverage Container Recycling grants totaling $59,645. Through these grants the County partnered with local schools to offer a school assembly for elementary, middle school, and junior high students, teachers, school staff and families to teach the importance of recycling; and purchased water filling stations, recycling receptacles, bags and litter picker uppers. Staff recommends your Board approve the attached resolution.

Adopt Resolution Authorizing the Public Services Director to submit grant applications to CalRecycle for all available grants for which the County of Lake, City of Clearlake, and City of Lakeport are regionally eligible.

On August 3, 2021, the County of Lake (County) Board of Supervisors (Board) approved the plans and specifications for the Hazard Mitigation Grant Program, Lake County Culvert Upgrades 3 Project, (FEMA-5189-FM-CA) Culvert Replacement Project Various County Roads, Bid No. 21-04. (Project). The Project was comprised on replacing four (4) culverts on Harbin Spring Road, a culvert on Arroyo Vista Road, and a culvert on Sugar Pine Ridge Road. On December 14, 2021, the Board awarded the contract for the Project to Wylatti Resources Management, Inc. in the amount of $255,861.78. On September 11, 2023, the Board approved Contract Change Order No. 1 in the amount of -$9,124.48) which decreased the contract amount to $246,737.30. On March 19, 2024, the Board approved Contract Change No.2 in the amount of $17,524.28 which increased the contract amount to $264,261.58. On May 20, 2024, the work of the Project was determined to be satisfactorily Public Works Director determined to be satisfactorily complete by the Public Works Director. Seventy-five percent (75%) of the Project was funded from the Federal Emergency Management Agency Hazard Mitigation Grant Program and 25% was funded by Non-discretionary Road Funds.

Staff recommends that the Board of Supervisors approve the Resolution accepting the work of the Lake County Culvert Upgrade 3 Project (FEMA -5189-FM-CA) and directing the Public Work Director to sign and file the Notice of Completion

The Kelseyville Business Association will be holding its Annual Pear Festival Farm to Fork dinner and dance in Kelseyville on September 27, 2024. Based on last year's event, no-parking zones and road closures are needed to set up and hold the event on Main Street (between 2nd and 4th Streets from 12 PM on September 27, 2024, to 12 AM, on September 28, 2024. . Attached, for the Board's consideration and action, is a resolution, which temporarily sets tow away zones and road closures for Main Street Kelseyville (between 2nd Street and 4th Street) on September 27, 2024.

Adopt Resolution Temporarily Authorizing a Road Closure, Prohibiting Parking and Authorizing Removal of Vehicles and Ordering the Department of Public Works to Post Signs for the Kelseyville Pear Festival Farm to Fork Dinner and Street Dance from 12:00 PM on September 27, 2024 through 12:00 AM on September 28, 2024.

The Kelseyville Business Association will be holding its Annual Pear Festival in Kelseyville on September 28, 2024 Based on previous Pear Festival events, no-parking zones and expanded road closures are needed to limit congestion so that emergency services can access the area during the Pear Festival. The Kelseyville Business Association will be securing parking areas for attendees of this event to use to offset the loss of parking with these expanded closures and temporary no parking areas. . Attached, for the Board's consideration and action, is a resolution, which expands the temporary Road Closures to include Main Street (from Gunn St. to Fifth Street), Fifth Street (from Saderlund Street to Church Street), Fourth Street (From Saderlund Street to Church Street), Third Street (from Gaddy Lane to Church Street), Second Street (from Gard Street to Church Street), First Street (from Gard Street Church Street), and Saderlund Street (from Gunn Street to Fifth Street) and temporarily prohibits parking on Gunn Street (from Main Street to Gard Street), State Street (from Main Street to Sylar Lane) Main Street from State Street to Hwy 29), Live Oak Drive (from Hwy 29 to Main Street) Seventh Street (from Live Oak Drive to Church Street), Sixth Street (from Church Street to Main Street), Fifth Street (from Church Street to end) Third Street (from Saderlund to Gard Street) and Bell Hill Road (from Hwy 29 to Main Street).

Adopt Resolution Temporarily Authorizing a Road Closure, Prohibiting Parking and Authorizing Removal of Vehicles and Ordering the Department of Public Works to Post Signs for the Kelseyville Pear Festival September 27 & 28, 2024 from 6:00 AM - 7:00 PM Daily.

The Lake County Sheriff's Department participates in the Equitable Sharing program with the US Department of Justice. This program monitors federally seized monies, referred to as asset forfeitures. A report of all receipts and expenditures is required to be submitted after the close of the fiscal year. Attached for your Board's approval is the annual submission of the Equitable Sharing Agreement and Certification for the period ending June 30, 2024. Approval of the Equitable Sharing agreement allows Lake County to be eligible for asset forfeiture proceeds. These monies are used primarily for training purposes. No federal asset forfeiture monies were received during the 2023/24 fiscal year

Approve Equitable Sharing Agreement and Certification between the County of Lake Sheriff's Department and the US Department of Justice; and authorize the Sheriff and Chair to sign

Section 6-5 of the Lake County Code empowers the Director of Emergency Services to declare the existence or threatened existence of a Local Emergency when Lake County is affected or likely to be affected by a public calamity. The Sheriff/OES Director's Proclamation expires seven days after issuance unless confirmed and ratified by the Lake County Board of Supervisors. As your Board is aware, as OES Director, I declared a Local Emergency in response to the devastating effects of the Boyles Fire, which ignited September 8, 2024, near Boyles and 8th Avenues in the City of Clearlake. While the City of Clearlake bore the brunt of the fire's destruction, including the loss of approximately 30 homes and the evacuation of over 4,000 residents, the fire's effects were felt beyond the city's borders; infrastructure damage resulting from the fire has caused widespread power outages, affecting nearby unincorporated areas Lake County. Staff recommends your Board recognize emergency conditions persist, and ratify the Local Emergency related to the Boyles Fire.

Ratify the Local Emergency Proclamation by the Lake County Sheriff/OES Director for the 2024 Boyles Fire, and authorize the Chair to sign.

Proclamation DESIGNATING THE MONTH OF SEPTEMBER 2024 AS NATIONAL RECOVERY MONTH IN LAKE COUNTY WHEREAS, Recovery Month recognizes the strong and proud recovery community, the dedication of service providers and community members in Lake County who assist and support individuals from prevention services to recovery; and WHEREAS, Lake County Behavioral Health Services provided substance use disorder services to 559 participants, Hilltop Recovery Services provided 264 residential treatment beds, Redwood Community Services Tule House provided residential treatment services to 43 women and 17 children, Hilltop Recovery Services and Fran's House Sober Living Environment (SLE) provided combined safe housing to 29 men and women and 10 children in the calendar year 2023; and WHEREAS, Lake County Behavioral Health Services provided mental health services to 2,034 individuals during the calendar year 2023; and WHEREAS, nationally 24 million people in the US experience a substance use disorder, while 9.5 million experience both substance use disorder and mental health disorders; and WHEREAS, 7 in 10 adults who have substance use disorders, consider themselves recovering or in recovery and 2 in 3 adults who have mental health disorders consider themselves recovering or in recovery; and WHEREAS, through promotion of Recovery Month, people from all walks of life are encouraged to become knowledgeable about what they can do to create a healthier tomorrow for themselves and others by helping to prevent these problems today; and WHEREAS, Recovery is possible, and treatment is effective. People in recovery can and do become gainfully employed, own homes, and rejoin their families and their communities. WHEREAS, The County of Lake Board of Supervisors and Lake County Behavioral Health's Substance Use Disorder Services, Mental Health Services, Hilltop Recovery Services, Redwood Community Services, SafeRx, Hope Rising and Lake County Health Services urges all citizens, families, governmental agencies, public and private institutions, businesses, healthcare, education systems in Lake County to support efforts that will increase community awareness, understanding and action to address substance use disorder and mental health conditions in our community.

Presentation of Proclamation Designating the Month of September 2024 as National Recovery Month in Lake County.

On May 9, 2024, Lake County Code Enforcement (CE) performed an abatement for the property located at 6657 Cheviot Rd, Lucerne, CA (property) owned by Kathleen Kapitan (deceased). In accordance with Lake County Code Chapter 13, Article I, Section 13-42, the Board of Supervisors shall hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the Board may make such modifications and revisions of the proposed account and assessment as it deems just and may order the account and proposed assessment confirmed or denied, in whole or in part or as modified and revised. Property Information: Property Owners: Kathleen Kapitan (deceased) Zoning Designation: "R1" Single Family District Lot Type: Vacant lot Tax Delinquency: Default date 6/30/2019 in the approximate amount of $323.21 Investigation Background and Fact(s): Code Enforcement received numerous complaints since 2020 of garbage piling up and drug related traffic. This code case was worked in conjunction with the property located at 6647 Cheviot Rd, Lucerne, CA (neighboring property). Between June 20, 2022 and March 28, 2024, Code Enforcement conducted an inspection of the property. Observed on the property was miscellaneous rubbish and trash scattered across a vacant lot. (Attachment B) On June 23, 2022, Code Enforcement issued a first "Notice of Nuisance and Order to Abate" (NONOTA) against the property. The NONOTOA cited the following violation(s) of the Lake County Code: (Attachment C) � LCC Chapter 13, Article, I, Section 13-3.1 (e) (7) - The existence of garbage, rubbish � LCC Chapter 13, Article, I, Section 13-3.1 (e) (5) - Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of Chapter 21. More Specifically: � LCC Chapter 5, Section 116 - Unsafe Structure � LCC Chapter 21, Article 41, Section 41.12 (a) - Outdoor storage in any district shall be maintained in an orderly manner and shall not create a fire, safety, health or sanitary hazard. � LCC Chapter 21, Article 41, Section 41.12 (b) (3) - outdoor storage shall be completely screened from public view from all exterior property lines and any public roadway within one-half (1/2) mile of the pen storage area. On August 29, 2022, Code Enforcement issued a second NONOTA against the property citing the same violations as the 6/23/2022 NONOTA: (Attachment D) On June 8, 2023, Code Enforcement issued a third NONOTA citing the following violation(s) of the Lake County Code: (Attachment E) � LCC Chapter 13, Article, I, Section 13-3.1 (e) (3) - Attractive nuisance � LCC Chapter 13, Article, I, Section 13-3.1 (e) (4) - Condition dangerous, unsafe, detrimental to public safety � LCC Chapter 13, Article, I, Section 13-3.1 (e) (7) - The existence of garbage, rubbish � LCC Chapter 13, Article, I, Section 13-3.1 (e) (8) - Unsightly appearance, or provides harborage for rats or vermin � LCC Chapter 13, Article, I, Section 13-3.1 (e) (5) - Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of Chapter 5. More specifically: � LCC Chapter 5, Section 116.1 - Unsafe Structures and equipment � LCC Chapter 5, Article VII Et. Seq - Vacant Structure Ordinance On November 15, 2023, A Last and Final Notice was mailed to the property owner along with a "Right-of-Entry" form, providing a final request to correct the violations and meeting the requirements of California Code of Civil Procedure 1822.51 requesting consent from the responsible parties prior to obtaining an inspection and abatement warrant. (Attachment F) Abatement: As of May 9, 2024, the violations existing on the property were not corrected, nor was a request for a hearing in front of the Board of Supervisors made by the property owners. Code Enforcement received no response from the responsible or interested party. Code Enforcement did not have cause to believe there was a party with the willingness to correct violation(s) existing on the property and due to the fact the violation(s) existing on the property created a public nuisance to surrounding properties and the general welfare of the public, Code Enforcement obtained an inspection and abatement warrant and moved forward with an abatement to correct the violations existing on the property by removal (Attachment G). Code Enforcement enlisted the services of Cook Construction to perform the abatement. The total cost of the abatement is $2,452.53; contractor costs in the amount of $1,741.83 (Attachment H), plus administration fees in the amount of $710.70 (Attachment I) for the removal of: � 3.29 tons of material disposed of _____________________________________________________________________________ Evidence: Attachment(s) - A - Property Map B - Photos (of violations) C - 1st Notice of Nuisance and Order to Abate D - 2nd 1st Notice of Nuisance and Order to Abate E - 3rd Notice of Nuisance and Order to Abate F - Last and Final Notice G - Post Abatement Photos H - Contractor Invoice I - Task Sheet (cost recovery) County Witness(es): Marcus Beltramo, Code Enforcement Manager Norman Valdez, Code Enforcement Supervisor Michael Herringshaw, Code Enforcement Officer

Staff recommends the Board of Supervisors approve a lien in the amount of $2,452.53 and direct staff to record a lien against the property with the Lake County Recorders Office, after recordation, the lien amount shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments.

On May 9, 2024, Lake County Code Enforcement (CE) performed an abatement for the property located at 6647 Cheviot Rd, Lucerne, CA (property) owned by Kathleen Kapitan (deceased). In accordance with Lake County Code Chapter 13, Article I, Section 13-42, the Board of Supervisors shall hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the Board may make such modifications and revisions of the proposed account and assessment as it deems just and may order the account and proposed assessment confirmed or denied, in whole or in part or as modified and revised. Property Information: Property Owners: Kathleen Kapitan (deceased) Zoning Designation: "R1" Single Family District Lot Type: Improved lot with manufactured home Tax Delinquency: Default date 6/30/2019 in the approximate amount of $3,331.39 Investigation Background and Fact(s): Code Enforcement received numerous complaints since 2020 of garbage piling up and drug related traffic. This code case was worked in conjunction with the property located at 6657 Cheviot Rd, Lucerne, CA (neighboring property). Between June 20, 2022 and March 28, 2024, Code Enforcement conducted an inspection of the property. Observed on the property was a structure in an extreme state of dilapidation and disrepair. (Attachment B) On June 23, 2022, Code Enforcement issued a first "Notice of Nuisance and Order to Abate" (NONOTA) against the property. The NONOTOA cited the following violation(s) of the Lake County Code: (Attachment C) * LCC Chapter 13, Article, I, Section 13-3.1 (e) (7) - The existence of garbage, rubbish * LCC Chapter 13, Article, I, Section 13-3.1 (e) (5) - Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of Chapter 21. More Specifically: * LCC Chapter 5, Section 116 - Unsafe Structure * LCC Chapter 21, Article 41, Section 41.12 (a) - Outdoor storage in any district shall be maintained in an orderly manner and shall not create a fire, safety, health or sanitary hazard. * LCC Chapter 21, Article 41, Section 41.12 (b) (3) - outdoor storage shall be completely screened from public view from all exterior property lines and any public roadway within one-half (1/2) mile of the pen storage area. On August 29, 2022, Code Enforcement issued a second NONOTA against the property citing the same violations as the 6/23/2022 NONOTA: (Attachment D) On June 8, 2023, Code Enforcement issued a third NONOTA citing the following violation(s) of the Lake County Code: (Attachment E) * LCC Chapter 13, Article, I, Section 13-3.1 (e) (3) - Attractive nuisance * LCC Chapter 13, Article, I, Section 13-3.1 (e) (4) - Condition dangerous, unsafe, detrimental to public safety * LCC Chapter 13, Article, I, Section 13-3.1 (e) (7) - The existence of garbage, rubbish * LCC Chapter 13, Article, I, Section 13-3.1 (e) (8) - Unsightly appearance, or provides harborage for rats or vermin * LCC Chapter 13, Article, I, Section 13-3.1 (e) (5) - Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of Chapter 5. More specifically: * LCC Chapter 5, Section 116.1 - Unsafe Structures and equipment * LCC Chapter 5, Article VII Et. Seq - Vacant Structure Ordinance On November 15, 2023, A Last and Final Notice was mailed to the property owner along with a "Right-of-Entry" form, providing a final request to correct the violations and meeting the requirements of California Code of Civil Procedure 1822.51 requesting consent from the responsible parties prior to obtain an inspection and abatement warrant. (Attachment F) Abatement: As of May 9, 2024, the violations existing on the property were not corrected, nor was a request for hearing in front of the Board of Supervisors made by the property owners. Code Enforcement received no response from the responsible or interested party. Code Enforcement did not have cause to believe there was a party with the willingness to correct violation(s) existing on the property and due to the fact the structure was unsafe and created a public nuisance to surrounding properties and the general welfare of the public, Code Enforcement obtained an abatement warrant and moved forward with an abatement to correct the violations existing on the property by removal (Attachment G). Code Enforcement enlisted the services of Cook Construction to perform the abatement. The total cost of the abatement is $8,031.59; contractor costs in the amount of $6,178.75 (Attachment H), plus asbestos testing in the amount of $1,000, plus administration fees in the amount of $852.84 for the removal of: (Attachment I) * 13.27 tons of miscellaneous materials * .085 tons of metal * 1 tire * 1 refrigerator __________________________________________________________________________________ Evidence: Attachment(s) - A - Property Map B - Photos (of violations) C - 1st Notice of Nuisance and Order to Abate D - 2nd 1st Notice of Nuisance and Order to Abate E - 3rd Notice of Nuisance and Order to Abate F - Last and Final Notice G - Post Abatement Photos H - Contractor Invoice I - Task Sheet (cost recovery) County Witness(es): Marcus Beltramo, Code Enforcement Manager Norman Valdez, Code Enforcement Supervisor Michael Herringshaw, Code Enforcement Officer

Staff recommends the Board of Supervisors approve a lien in the amount of $8,031.59 and direct staff to record the lien against the property with the Lake County Recorders Office, after recordation, shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments.

On December 21, 2022, Lake County Code Enforcement (CE) performed an abatement for the property located at 5323 Jaime Ln, Kelseyville, CA (property) owned by Milos Leubner (deceased) and Raymond Couch. In accordance with Lake County Code Chapter 13, Article I, Section 13-42, the Board of Supervisors shall hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the Board may make such modifications and revisions of the proposed account and assessment as it deems just and may order the account and proposed assessment confirmed or denied, in whole or in part or as modified and revised. Property Information: Property Owners: Raymond Couch (15% ownership) (deceased) Milos Leubner (85% ownership, deceased) Zoning Designation: "RR" Rural Residential District Lot Type: Improved with home that incurred fire damage, now a vacant lot Tax Delinquent: Default date 6/30/2021 in the amount of $1,872.63 Investigation Background and Fact(s): In August of 2022 - Code Enforcement was made aware a structure fire occurred on the property. On August 16, 2022, Code Enforcement conducted site inspection(s) and observed violations on the property and posted an "Unsafe" red tag. (Attachment B) On August 16, 2022, Code Enforcement issued a "Notice of Nuisance and Order to Abate" (NONOTA) against the property. The NONOTOA cited the following violation(s) of the Lake County Code: (Attachment C) * LCC Chapter 13, Article, I, Section 13-3.1 (e) (4) - Condition dangerous to human life, unsafe or detrimental to the public health or safety. * LCC Chapter 13, Article, I, Section 13-3.1 (e) (7) - The existence of garbage, rubbish * LCC Chapter 13, Article, I, Section 13-3.1 (e) (13) - Abandoned, dismantled, wrecked, or inoperable motor vehicles, motorcycles, recreational vehicles, trailers, campers, boats or parts thereof. On December 5, 2022, the property owner Milos Leubner (Leubner) signed a "Right-of- Entry" (ROE) form consenting to the inspection and abatement of the violations on the property and to the costs of the abatement being attached as a lien against the property. From August of 2022 to December 2022, Leubner's health had deteriorated and Leubner was now living in an assisted living facility. Code Enforcement had reason to believe Leubner still had the capacity to consent to the abatement and its costs; but given his health situation, Code Enforcement took additional precautions prior to Leubner signing the ROE by insisting Leubner's adult son be present while the terms of the abatement, its costs, the lien that would be attached against the property, and the ROE were explained. (Attachment D) Abatement: As of December 15, 2022, Code Enforcement enlisted the services of Leonard's Hauling to perform the abatement. The total cost of the abatement is $8,716.53 (Attachment F); contractor costs in the amount of $8,279.85 (Attachment E), plus administration fees in the amount of $436.68. The following was removed and disposed of: * Approximately 37,600 lbs. of trash, rubbish, and debris __________________________________________________________________________________ Evidence: Attachment(s) - A - Property Map B - Site Photos C - Notice of Nuisance and Order to Abate D - Right-of Entry E - Contractor Invoice F - Task Sheet (cost recovery) County Witness(es): Marcus Beltramo, Code Enforcement Manager Norman Valdez, Code Enforcement Supervisor Michael Herringshaw, Code Enforcement Officer

Staff recommends the Board of Supervisors approve a lien in the amount of $8,716.53 and direct staff to record the lien against the property with the Lake County Recorders Office, after recordation, shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments.

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 violations of the permit's Conditions of Approval. An appeal (AB 23-03) of the Planning Commission's decisions was filed in a timely manner. The appeal included the Planning Commission's decision to find Justin Smith and Melissa Smith as Responsible Persons for High Severity Violations. The Planning Commission's identification of Justin and Melissa Smith as Persons Responsible for High Severity Violations was reversed by the Board on August 27, 2024. Today's hearing is to consider the appeal of the Planning Commission's revocation of Major Use Permit (UP 19-15). 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 of revocation of Major Use Permit (UP 19-15), located at 2290 Soda Bay Road. 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 the property owners, and to all 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. After 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 cannabis processing activities taking place within the two unpermitted structures, are violations of the Conditions of Approval of Major Use Permit (UP 19-15). 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 Planning Commission meeting on September 28, 2023, 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. Justin Smith, property owner, was notified via direct mail. 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. The Conditions of Approval list Legendary Farms, LLC as Permittee. According to the Secretary of State records, Melissa Patricia Smith is the listed Manager or Member of Legendary Farms, LLC (Exhibit C). 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. Additional transfers of ownership of the parcel are listed in Table 1 below, but remain limited to Justin Smith and Melissa Smith, their trusts and United Investment Ventures, LLC. (Exhibit D) Justin Smith is listed as the single manager of United Investment Ventures, LLC. (Exhibit E) Communications regarding UP 19-15 have been with Melissa Smith, Justin Smith, Michael Wegner, and Ms. Smith's attorney. Table 1. Parcel ownership history Date Grantor Grantee July 21, 2021 Frank Perez Justin and Melissa Smith, as Joint Tenants September 7, 2021 Justin and Melissa Smith, as Joint Tenants United Investment Ventures, LLC November 3, 2023 Justin and Melissa Smith, owners and managing members of United Investment Ventures, LLC Justin Rabin Smith and Melissa Pat Smith, as co-Trustees of the Justin and Melissa Smith Living Trust, U/A dated 10-31-23 July 11, 2024 Justin Rabin Smith and Melissa Pat Smith, as co-Trustees of the Justin and Melissa Smith Living Trust, U/A dated 10-31-23 United Investment Ventures, LLC July 11, 2024 United Investment Ventures, LLC Justin Rabin Smith and Melissa Pat Smith, co-Trustees of the Justin and Melissa Smith Living Trust, UA dated 10-31-2023 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 unpermitted cannabis cultivation taking place approximately 780 feet from the permitted cultivation area. Figure 2. Unpermitted cultivation site Source: Site inspection Figure 3. Unpermitted structures aerial view and structures interiors Source: Lake County GIS Portal Source: Site inspection 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 Code Enforcement record identified as CMP 22-000215 (Exhibit F). 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, nor was Staff able to contact Mr. Tirado. 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 must 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 Code Enforcement Record 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 G). Staff is waiting for the outcome of this appeal to guide further actions on ENF23-01124. The Planning Commission revoked UP 19-15 based on the findings in the Staff Report dated September 28, 2023, and listed above. 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, Planning Commission hearing. Additionally, timely filing of the appeal allowed the stay of UP 19-15 and Legendary Farms permitted cultivation activity, as described in the Conditions of Approval. Staff recommends the Board of Supervisors deny appeal (AB 23-03); Melissa Smith, Justin Smith, United Investment Ventures LLC, Legendary Farms LLC, uphold the Planning Commission's decision, and revoke Major Use Permit (UP 19-15), 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 Statement of Information Limited Liability Company, dated 3/31/2023 D Grant Deeds for 2290 Soda Bay Road, from July 2, 2021 to July 11, 2024 E Articles of Organization of a Limited Liability Company (LLC), dated July 27, 2015 F Tirado Declaration G Appeal of Violation (ENF23-01124) by Request of Administrative Hearing before the Board of Supervisors, dated September 1, 2023 H Appeal Request for AB 23-03 (Melissa Smith and Justin Smith)

Deny appeal (AB 23-03); Melissa Smith, Justin Smith, United Investment Ventures LLC, Legendary Farms LLC, uphold the Planning Commission's decision, and revoke Major Use Permit (UP 19-15), in concept, and direct Staff to prepare the Findings of Fact.

Staff requests the County of Lake (County) Board of Supervisors (Board) to approve Contract Change Order No. 3 3 in the amount of $247,258.81 for a total contract amount of $1,408,959.29, for the Middletown Multi-Use Path Improvements Project and authorize the Chair to execute the Change Order. On May 23, 2022, the Board awarded the construction contract for the Project, in the amount of $1,117,449.60 to Argonaut Constructors and authorized the Chair to execute the agreement. On October 24, 2023, the Board approved Contract Change Order No. 1 in the amount of $158,700.00 which increased the contract amount to $1,276,149.60 and authorized the Chair to execute the change order. On February 6, 2024, the Board approved contractor change order no. 2, in the amount of -$114,481.12, which reduced the contract amount to $1,161,690.48, and authorized the Chair to execute the contract change order. Additional asphalt concrete, paid at the contract unit rate, was incorporated into the work and design/construction modifications were required to complete the work, which totaled the contract change order amount of $247,258.81. Contract Change Order No. 3 in the amount of $247,258.81, will increase the contract amount to $1,408,959.29. This project is funded from the State's ATP funds, ARPA funds and local funds. Therefore, this project is 100% funded through construction.

Staff recommends that the Board of Supervisors approve Contract Change Order No. 3 in the amount of $247,258.81 for a total contract amount of $1,408,959.29, for the Middletown Multi-Use Path Improvements Project and authorize the Chair to execute the Change Order.

(include fiscal and staffing impact narrative): The first reading of the ordinances was on September 10, 2024. This is the second reading.

a) Offer the ordinance increasing Sewer Use Charges for Kelseyville County Waterworks District No. 3 and b) Offer the ordinance Amending Section 1.1. of Ordinance No. 2652 Increasing the Water Charges and Fees for Kelseyville County Waterworks District No. 3

(include fiscal and staffing impact narrative): The first reading of the ordinance was on September 10, 2024. This is the second reading.

Offer the Ordinance.

The Golden State Connect Authority (GSCA) is a Joint Powers Authority of the Rural County Representatives of California, which Lake County is a member. The Digital Equity Competitive Grant Program (Grant Program) is a competitive federal funding opportunity with a typical award range of $5 - $12 million and a four-year term. GSCA's application is for $12 million. The focus of the Grant Program is funding equipment, activities, and construction that would expand digital access and training towards covered populations. Included in GSCA's application would be funding for each of GSCA's member counties. Funding could go towards the purchase and placement of hardware and software necessary to establish access to digital tools. The County of Lake is also preparing an application for the Digital Equity Competitive Grant Program with its broadband consultants. This consortium will include Tribal Nations based in Lake County, the County Library, and Mendocino College. This application will make clear that its planned spending would not overlap with the GSCA submittal.

Provide a Letter of Support for the Golden State Connect Authority's Digital Equity Competitive Grant Program Application