The board will meet beginning at 9 a.m. Tuesday, April 9, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport.
The meeting can be watched live on Channel 8 and online at https://countyoflake.legistar.com/Calendar.aspx. Accompanying board documents, the agenda and archived board meeting videos also are available at that link.
At 9:45 a.m., the board will consider a report from a committee that it appointed to negotiate with the city of Lakeport regarding the South Main Street annexation area and consider a response to the city’s request for review of its planned annexation application to the Local Agency Formation Commission, or LAFCo.
The annexation of the 123-acre South Main Street area, which has been in the city’s sphere of influence for decades, has long been a point of contention between the city and county, primarily because it is reported to be the most lucrative commercial corridor in the unincorporated county.
The city and county have attempted to negotiate a revenue sharing agreement for property tax as part of a solution that would allow the annexation to go forward.
However, negotiations between the city and county reportedly broke down last year, according to statements at a February Lakeport City Council meeting, during which the council approved a budget adjustment to pay for a fiscal analysis that’s a key part of the annexation process, as Lake County News has reported.
Both city and county officials have pointed at each other as the cause of the breakdown in both relations and negotiations over the annexation, the heart of which appears to revolve around its monetary value, the county’s unwillingness – and stated inability, due to its fiscal constraints – to relinquish it and the city’s continued pursuit of the matter.
With the city moving forward with its plans to pursue adding that area to its limits, it will submit an application to LAFCo.
On Tuesday, the board will be asked to consider a draft letter to the city, dated April 9, which can be seen below.
In it, a number of issues are addressed, but the key matter relates to water.
The city plans to construct a water main on South Main Street in conjunction with the upcoming South Main Street and Soda Bay Widening and Bike Lanes Project; it says the water main is necessary to create a closed loop in its system to increase reliability and reduce maintenance costs, and allow property owners to hook into the system.
In response to that purpose, the county letter notes: “At the end of the last round of talks last year, the County advised the City of its intention to reinvigorate its own plans for providing water to the area and thus, retaining South Main Street in the County. Lake County Special Districts has since obtained an updated Project Design Report and has had preliminary discussions with USDA about possible grant funding for a water system there. For many years, the County has carried forward a partial funding set aside for completion of a water system for South Main Street/Soda Bay Road area, intended to support the development of the area. The District Supervisor has proposed the concept to his constituents, for connecting South Main Street/Soda Bay Road to Kelseyville/Finley, and the response has been favorable. Adding the South Main Street/Soda Bay Road area to the County water system will require only a very small portion of system capacity.”
The letter also states that the city’s proposed annexation area “will leave a small and vulnerable section of properties without any services,” which the county says its plans address in its alternative proposal.
“Although the proposed annexation may be of benefit to the City, in terms of looping its system, it would not benefit all property owners in the South Main Street/Soda Bay Road area. To include a few and exclude the rest, would be an extreme disservice to the business owners that have struggled to survive in the area. The County desires to bring water service to the annexation area and beyond,” the letter states.
Another key city purpose is offering annexed properties city services.
“As we are all aware, the concept of annexation is not new,” the letter states. “In fact, some years ago, such plans were met with considerable opposition from those who live in and/or operate businesses in the area. Given the past history, the County proposes the preparation of a new survey, to be developed collaboratively, to assess the will of the business owners and residents of South Main Street. Survey results should be a powerful indicator as to the future of annexation.”
The letter ends by noting that “the County negotiating committee would welcome the opportunity to meet again with the City’s team.”
In other timed items for Tuesday, at 9:10 a.m. the board will present proclamations designating the week of April 7 to 13 as National Crime Victims' Rights Week, and April 2019 as Child Abuse Prevention Month and Sexual Assault Awareness Month in Lake County.
At 9:30 a.m., the board will consider responses to the Bureau of Indian Affairs’ invitation to provide comment on the Big Valley Band of Pomo Indians’ land acquisition applications, which could impact property tax revenues, and result in potential land use conflicts, among other issues.
County Administrative Officer Carol Huchingson’s report to the board notes that the tribe is seeking the BIA’s approval of moving 21 parcels into trust. The county received notice of these applications on two dates – March 4 for the first seven parcels and March 20 for the other 14 parcels.
As staff was researching the applications for the initial seven parcels, they learned that the tribe recently had opened a cannabis dispensary and was expanding cultivation and manufacturing programs. When they began to review the second application, they found there were additional plans regarding another casino, Huchingson reported.
“During staff’s continued research, it became clear that beyond the expansion of the Tribe’s cannabis industries, there are other potential inconsistencies in land use, both present and possibly future,” Huchingson said. “For example, there are plans for a potential commercial center and casino on Soda Bay Road. Generally, the area in and around the Big Valley Rancheria has zoning reflecting Agricultural and Residential uses. Some of the ongoing and potential uses typically would not have been previously contemplated by County staff so the opportunity for further study would be valuable.”
Huchingson said the county has asked for a 30-day extension to study the applications.
“Due to these recent developments, these proposed comments clarify for the Bureau that staff is unable to fully and informatively respond to the Bureau’s requests for information on these short timelines,” Huchingson said. “Staff has highlighted the areas of concern and noted that further time would be necessary to investigate the proper tax valuations and evaluate the infrastructure of the surrounding area and what steps and costs might be necessary to accommodate potential development by the Tribe. The proposed comments give greater background detail and suggest the Bureau provide County staff the opportunity to identify topics requiring attention and work with the Tribe and other local partners to gather the necessary information.”
In untimed items, the board will continue its discussion and consideration of county regulation of industrial hemp and will approve acceptance of a $10,000 donation from an anonymous donor to the Middletown Library.
The full agenda follows.
CONSENT AGENDA
5.1: Approve minutes of the Board of Supervisors meetings held Dec. 11, 2018, and March 26, 2019.
5.2: Approve agreement between the county of Lake and Visit Lake County California authorizing the county of Lake to collect and remit tourism improvement district assessments.
5.3: Approve leave of absence request for Melinda Daunis, client support assistant from Feb. 1, through April 1, 2019, and authorize the chair to sign.
5.4: Approve waiver of the 900 hour limitation for Animal Care and Control employees Deonne Collins, Amanda Williamson and Andrew York and approve the extension of hours to 999 hours each.
5.5: (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services (b) approve agreement between the county of Lake and Kofile for the preservation of historical documents required for business in the amount of $34,762.56 and authorize assessor-recorder to sign agreement.
5.6: Adopt the resolution authorizing Amendment A01 to the standard agreement for the multi-year contract between the county of Lake and the Department of Health Care Services for substance use disorder services between July 1, 2017, through June 30, 2020 and authorizing the Behavioral Health Services administrator to sign the amendment.
5.7: (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) approve the agreement between the county of Lake and BHC Heritage Oaks Hospital for the Fiscal Year 2018-19 for a contract maximum of $35,244 and authorize the board chair to sign the agreement.
5.8: Approve Amendment 1 to the agreement between the county of Lake and Remi Vista Inc. for specialty mental health services for Fiscal Year 2018-19 in the amount of $40,000 and authorize the board chair to sign the amendment.
5.9: Adopt proclamation designating the week of April 7-13, 2019 as National Crime Victims' Rights Week in Lake County.
5.10: Approve acceptance of $10,000 donation for the Middletown Library.
5.11: Adopt proclamation designating the month of April 2019 as Child Abuse Prevention Month in Lake County.
5.12: Adopt proclamation designating the Month of April 2019 as Sexual Assault Awareness Month in Lake County .
5.13: Approve the waiver of the 900 hour limit for certain facility maintenance positions within the Department of Social Services.
5.14: Approve the waiver of the 900 hour limit for certain janitor positions within the Department of Social Services.
5.15: Authorize the advanced step hiring of Daniel Curtis as an electrical-mechanical technician II, Step 5.
TIMED ITEMS
6.2, 9:10 a.m.: (a) Presentation of proclamation designating the week of April 7-13, 2019, as National Crime Victims' Rights Week in Lake County; (b) presentation of proclamation designating the month of April 2019 as Child Abuse Prevention Month in Lake County; and (c) presentation of proclamation designating the month of April 2019 as Sexual Assault Awareness Month in Lake County.
6.3, 9:30 a.m.: Consideration of responses to the Bureau of Indian Affairs invitation to provide comment on the Big Valley Band of Pomo Indians’ land acquisition applications.
6.4, 9:45 a.m.: (a) Consideration of report from the committee appointed by the board to negotiate with the city of Lakeport regarding the South Main area; and (b) consideration of response to city of Lakeport’s request for review of its planned application to the Local Agency Formation Commission, or LAFCO, for the annexation of the South Main area.
UNTIMED ITEMS
7.2: Consideration of the following appointments: Maternal Child Adolescent Health Advisory Board and Child Care Planning and Development.
7.3: Discussion and consideration of county regulation of industrial hemp.
7.4: Consideration of appointments to the Geothermal Advisory Committee.
CLOSED SESSION
8.1: Conference with legal counsel: Significant exposure to litigation pursuant to Gov. Code sec. 54956.9 (d)2, (e)3 – Claim of Dodson.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
South Main Annexation Application County Response 040919 by LakeCoNews on Scribd