Board Of Supervisors — Tuesday, August 25, 2015

9:00 AM · Board Chambers

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1. Call to Order

2. Moment of Silence

3. Pledge of Allegiance

4. Presentation of Animals at the Animal Care and Control Shelter

5. Consideration of Items Not Appearing on the Posted Agenda (Extra Items)

6. Current Construction Projects - Contract Change Orders

7. Approval of the Consent Agenda

7.1Adopt Resolution Authorizing the Grant Project - Lake County Victim-Witness Assistance Program. Report passed on consent

7.2Approve Grant Agreement between County of Lake and Redbud Health Care District to accept grant funds of $1,796.99, and authorize the Chair to sign. Report passed on consent

7.3Adopt Resolution Urging the State to Provide New Sustainable Funding for State and Local Transportation Infrastructure. Resolution passed on consent

7.4Approve advance step hire for Extra Help Social Worker IV- Child Protective Services, Toni Jones at step 5 due to her extraordinary qualifications. Action Item passed on consent

7.5Approve Bid for Seigler Creek Pipeline Replacement and Hitch Improvement Project in Lake County, California. Bid #15-07 to Pacific Underground Services and authorize the Special Districts Administrator / Assistant Purchasing Agent to issue a Notice of Award and execute the contract in the amount of $122,480.00. Action Item passed on consent

7.6Approve Agreement between the County of Lake and Ruzicka Associates for Engineering Design & Inspection Services for CSA 2 - Spring Valley Water Distribution System Upgrades, in the amount of $148,900 and Authorize the Chair to Sign. Agreement passed on consent

7.7Adopt Resolution Amending Resolution No. 2015-84 Establishing a New Classification and Position Allocation to Conform with the Recommended Budget for Fiscal Year 2015-16 Budget Unit 2201, Sheriff/Coroner. Resolution passed on consent approved

Carried 5-0 — moved by Smith
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye

On motion of Supervisor Smith, and by vote of the Board, approved Consent Agenda Items 7.1 through 7.7. The motion carried by the following vote: Ayes: Supervisors Comstock, Smith, Steele, Brown and Farrington

8. Timed Items

8.19:05 A.M. - Public Input

Clerk’s notes: Larry Anderson spoke.

8.29:15 A.M. - HEARING - Consideration of Appeal of an Administrative Citation for William O. Showalter III for violating the Quagga Mussel Prevention Program. Action Item approved

Carried 5-0 — moved by Steele
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye

On motion of Supervisor Steele, and by vote of the Board, denied the appeal of an Administrative Citation for violating the Quagga Mussel Prevention Program. The motion carried by the following vote: Ayes: Supervisor Comstock, Smith, Steele, Brown and Farrington

Clerk’s notes: Chair Farrington asked that anyone wishing to speak on this item please stand to be swore in. The Clerk swore in Water Resources Director Scott DeLeon and appellant WIlliam O. Showalter III. Mr. DeLeon gave the staff report and Mr. Showalter responded. No one else wished to speak and the hearing was closed.

8.39:30 A.M. - PUBLIC HEARING - Consideration of General Plan Amendment (GPAP 14-02) of a portion of one parcel from Low Density Residential and Rural Residential to Low Density Residential; and a Rezone (14-01) from "RR-SOS" Rural Residential-Substandard Older Subdivision to "R1" Single-family Residential; project applicant is the County of Lake; located at 3895 Sunset Terrace, Lucerne (APN 034-592-10 - Grant Murray); and consideration of adoption of a Negative Declaration based on Initial Study IS 14-24 Public Hearing approved — Pass

Carried 5-0 — moved by Steele
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye

On motion of Supervisor Steele, and by vote of the Board, found that on the basis of the Initial Study No. 14-24 prepared by the Planning Division that the General Plan Amendment and Rezone as applied for by the County of Lake will not have a significant effect on the environment and, therefore, a negative declaration shall be adopted with the findings set forth in the Board Memorandum dated August 18, 2015.The motion carried by the following vote: Ayes: Supervisors Comstock, Smith, Steele, Brown and Farrington On motion of Supervisor Steele, and by vote of the Board (5 ayes), waived the reading of the ordinance, to be read in title only (Clerk so did). Supervisor Steele offered Ordinance No. 3031 and it was passed by roll call vote: Ayes: Supervisors Comstck, Smith, Steele, Brown and Farrington

Clerk’s notes: Chair Farrington asked that anyone wishing to speak on this item please stand to be swore in. Clerk so did. Assistant Planner Mireya Turner presented the item to the Board. Community Development Director Richard Coel gave the staff report. No one present wished to speak and the public hearing was closed.

8.49:45 A.M. - (Carried over from August 18, 2015) - Consideration of Resolution Designating Applicant’s Agent for California Disaster Assistance Act Funding for Wildland Fires in Lake County, CA. Resolution

no itemized roll call in the official record

This item was carried over, date undetermined.

8.510:00 AM - PUBLIC HEARING - (Continued from July 21, 2015 and August 18, 2015) - Consideration of an appeal to the Board of Supervisors (AB 15-02) of the Planning Commission's decision to deny the Major Use Permit (UP 15-01, IS 15-03) and mitigated negative declaration to allow construction of a 9,100 sq. ft. Dollar General Store, Kelseyville; appellants are Cross Development, LLC; site is located at 4315 Douglas Street and 5505 Main Street, Kelseyville (APNs 008-710-50 & 51) Public Hearing denied

Carried 3-1 — moved by Steele
Brown: abstain Comstock: nay Farrington: aye Smith: aye Steele: aye

On motion of Supervisor Steele, and by vote of the Board, denied the appeal AB 15-02 and sustain the Planning Commission’s denial of Use Permit 15-01 for Cross Development, on behalf of Dollar General, and direct County Counsel to prepare proposed findings of fact. The motion carried by the following vote: Ayes: Supervisors Smith, Steele and Farrington Nay: Supervisor Comstock Recuse: Supervisor Brown

Clerk’s notes: Vice Chair Brown recused himself from this item. Chair Farrington asked that anyone wishing to speak on this item please stand to be sworn in. (Clerk so did) Community Development Director Director Richard Coel and Sr. Planner Michalyn DelValle presented the item to the Board. Appellant Joe Dell of Cross Development, LLC. gave testimony; Amy Herman of ALH Urban and Regional Economics provided an economic analysis. Chair Farrington asked if anyone wished to speak and the following people spoke: Chuck Stergis, Laura Hershey, Susan Buckles, Nick Waynewright, Joan Moss, Joan Merrell, Helen Finch, Mark Borgesani, Mike Adams, Norma Hodges, Sidna Knight, David McQueen, Julie Richardson, Karen Stardancer, Sharon Saller, Dave Lowry, Leslie Olsen, Steve Devoto, Dave Markison, Greg Olsen, Richard Smith. No one else present wished to speak and Chair Farrington closed the public hearing. Mr. Dell responded to public concerns. County Counsel Anita Grant brought attention to the Board that a split vote (2/2) would default to stand denied by Planning Commission.

8.610:30 A.M. - (Continued from August 18, 2015) - Consideration of Agreement between the County of Lake and Andrew B. Brown of Ellison, Schneider & Harris L.L.P for Legal Services, amount not to exceed $30,000, and authorize the Chair to sign. Agreement approved

Carried 5-0 — moved by Brown
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye

On motion of Supervisor Brown, and by vote of the Board, approved the Agreement as amended. The motion carried by the following vote: Ayes: Supervisors Comstock, Smith, Steele, Brown and Farrington

Clerk’s notes: Deputy County Administrative Officer Josh Jones presented the item to the Board. Supervisor Brown requested a reduction in the amount not to exceed, from $30,000 to $10,000, there was also Board consensus on this. County Counsel Anita Grant suggested the incorportation of benchmarks with progress payments upon review. Chair Farrington asked if anyone present wished to speak and the following people spoke: Giselle Stahl and Peter Rumble. No one else present wished to speak and the public input portion of this item was closed.

8.71:30 P.M. - PUBLIC HEARING - Consideration of General Plan Amendment (GPAP 06-02), Rezone (04-23) and General Plan of Development (GPD 06-01) proposing the following: (1) General Plan Amendment from Agricultural and Resource Conservation to Community Commercial, High Density Residential, Low Density Residential and Resource Conservation; (2) Rezone from "A" Agriculture to "PDC-DR" Planned Development Commercial-Design Review Combining District, "PDR-RD" Planned Development Residential-Residential Design Combining District and "O" Open Space; (3) General Plan of Development to create a mixed use development consisting of 380 single family residential lots, a 3.54 acre medium density residential lot, a 2.53 acre senior housing/assisted living facility, public open space, trails and park facilities and planned development commercial area of approximately 31 acres fronting South State Highway 29; project applicant is Kimco Development Corporation; located at 18196 and 18426 South State Highway 29, Middletown (APNs 014-260-36 & 51) Public Hearing Adopted — Pass

Carried 5-0 — moved by Comstock
Brown: aye Comstock: aye Farrington: aye Smith: aye Steele: aye

On motion of Supervisor Comstock, and by vote of the Board, certified that the Final Environmental Impact Report prepared for the Valley Oaks development has been completed in compliance with CEQA and the State CEQA Guidelines. The motion carried by the following vote: Ayes: Supervisors Comstock, Smith, Steele, Brown and Farrington Supervisor Comstock offered the resolution and it was passed by roll call vote: Ayes: Supervisors Comstock, Smith, Steele, Brown and Farrington On motion of Supervisor Comstock, and by vote of the Board, waived the reading of the ordinance having it read in title only (Clerk so did). Supervisor Comstock offered the ordinance and it was passed by roll call vote: Ayes: Supervisors Comstock, Smith, Steele, Brown and Farrington On motion of Supervisor Comstock, and by vote of the Board, confirmed that the Board of Supervisors has reviewed and considered the environmental effects of this general plan of development as set forth in the Environmental Impact Report which has been prepared for this project and that the Planning Commission recommends approval of the proposal for the reasons listed in “Exhibit B” Findings of Fact. The motion carried by the following vote: Ayes: Supervisors Comstock, Smith, Steele, Brown and Farrington

Clerk’s notes: Chair Farrington announced this was a public hearing and all intending to speak should raise to be sworn in. Clerk so did. Community Development Director Richard Coel and Associate Planner Keith Gronendyke presented the item to the Board. Valley Oaks Land Use Planner Jean Calpucco gave a presentation to the Board. Kimco Representatives Ken Porter, and Project Architect David Colombo gave a presentation to the Board Chair Farrington asked if anyone present wished to speak and the following people spoke: Fletcher Thornton, Cheryl Trammel-George, Paulette Jasmine, Monica Rosenthal, Toni Baker and Kim Armstrong. No one else present wished to speak and the public hearing was closed.

9. Non-Timed Items

9.1Supervisors’ weekly calendar, travel and reports

9.2Consideration of Agreement between the County of Lake and O.C. Jones & Sons for the installation of pipeline in Highway 20 for the County Service Area No.16 Waterline Extension, Clearlake Oaks to Paradise Cove, in the amount of $1,047,900.50 and Authorize the Chair to Sign. Agreement approved — Pass

no itemized roll call in the official record

On motion of Supervisor Steele the Agreement was approved. The motion carried by the following vote:

Clerk’s notes: Special Districts Administrator Mark Dellinger and Compliance Specialist Jan Coppinger presented the item to the Board. Chair Farrington asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.

10. Closed Session

10.1Conference with Labor Negotiator: (a) County Negotiators: A. Grant, S. Harry, M. Perry, K. Freguson and S. Jansen; and (b) Employee Organizations: DDAA, DSA, LCCOA, LCEA and LCSEA

Clerk’s notes: County Counsel announced there was no need for Closed Session.