Memorandum
Date: November 17, 2026
To: The Honorable Brad Rasmussen, Chair, Lake County Board of Supervisors
From: Douglas Gearhart, APCO
Subject: 11:00 A.M. - (Sitting as the Lake County Air Quality Management District Board of Directors) Consideration of Resolution repealing Resolution 94-151, Make Findings that the Lake County Air Quality Management District is Subject to California Health and Safety Code Section 40704.5 Et. Seq., and Implement Changes to Add City Members to the Board of Directors
Executive Summary:
On August 18, 2026 the City of Clearlake submitted a demand letter to the Lake County Air Quality Management District (District) regarding makeup of the District Board of Directors (BOD) based on California Health and Safety Code (H&SC) 40704.5.
District staff met with Alan Flora, City Manager for the City of Clearlake and Kevin Ingram, City Manager for the City of Lakeport on September 14, 2026 to discuss their interest and expectations regarding membership in the District BOD, which are summarized as follows: The City representatives expressed that one Board position for each city is appropriate based on Health and Safety Code. Future reevaluations of the District BOD composition should occur when there are major shift in population and after each census. Composition should be tied to compliance with Health and Safety Code requirements. The City representatives recommend that the District BOD Chairperson meet with the City Mayors or their designated representatives to discuss scheduling the first combined District BOD meeting. The location of meetings was discussed, and consensus is to utilize the County Board of Supervisors Chambers when available but also noted that Lakeport City Hall or the District Conference Room would be acceptable alternatives in the event the Board of Supervisors’ Chambers is not available.
District staff recommends tentatively planning for monthly BOD meetings for the first year to work through the changes, implement MOUs where needed, and discuss any issues that develop from the change. These details can be discussed and plans developed during the initial combined BOD meeting.
The following is a brief summary of the Health and Safety Codes related to Air Quality Management Districts. Air Quality Management Districts are independent agencies of the State, under H&SC 40700. Currently the District BOD is comprised solely of the five (5) members of the Board of Supervisors. The proposed changes would result in adding two (2) City Board members, bringing the BOD to a body of seven (7) members.
This change results from the Districts status as a regional authority over the Lake County Air Basin. State law provides that the governing board composition shall reflect, to the extent feasible and practicable, the geographic diversity and population variation in the Air District / Air Basin. Note that no law, custom or practice dictates or suggests that the expanded BOD would lose or change its rights or obligations, including contracts, rules, entitlements, and resolutions passed by the BOD. Therefore, the expanded BOD (with representation from the City of Lakeport and Clearlake) will be the same legal entity after inclusion of the Cities.
In Summary: In order to comply with CA H&SC 40704.5, the Air Pollution Control Officer (APCO) hereby requests that the BOD repeal District Resolution 94-151, adopt the attached resolution authorizing the changes to the BOD composition by adding two City members, direct the APCO to invite the City of Clearlake and City of Lakeport to appoint the Mayor or City Council member to serve as a member of the District BOD, and direct the APCO to coordinate a meeting of the Board Chairperson and the City Mayors (or their designated representatives) to set the time and date of the first combined BOD meeting.
Attachment 1 -Resolution 94-151
Attachment 2 - Resolution regarding Board Composition
CC: Susan Parker, County Administrative Officer
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Recommended Action: Adopt Resolution repealing Resolution 94-151, Make Findings that the Lake County Air Quality Management District is Subject to California Health and Safety Code Section 40704.5 Et. Seq., and Implement Changes to Add City Members to the Board of Directors.