Memorandum
Date: November 4, 2025
To: The Honorable Lake County Board of Supervisors
From: Douglas Gearhart, Air Pollution Control Officer
Subject: (Sitting as the Lake County Air Quality Management District Board of Directors) Authorize the APCO to Sign the County of Lake South Main St. Purchase Agreement for a Portion of District Property at 2617 South Main Street, Lakeport, CA 95453
Executive Summary:
The Lake County Air Quality Management District (District) has received an Offer to Purchase Agreement from Bender Rosenthal Incorporated for the County of Lake regarding the South Main Street/ Soda Bay Road Widening and Bike Lake Project (Attached). As part of the road widening project approximately 6,893 sqft of District owned property or property that has undetermined ownership located between the District property and the South Main Street roadway has been requested to be acquired.
District staff worked with the County of Lake Public Works staff and their consultants to ensure the existing fence line next to the building will not change. Public Works has committed to work with the District to ensure appropriate safety measures are in place with the road widening, as the District building is less than 2 feet from the new property line. Additional time was required to resolve a construction easement issue, which has subsequently been removed. The updated Purchase Agreement received October 27, 2025 is attached.
With this safety commitment and documentation provided, District staff recommends moving forward with this request. To move forward the District has the power, pursuant to California Health and Safety Code 40701 (e): "To lease, sell, or dispose of any property, or any interest therein, whenever, in the judgment of the district board, such property, or any interest therein, or part thereof, is no longer required for the purpose without interfering with the use of the same for the purposes of the district, and to pay any compensation received therefor into the general fund of the district."
District staff recommends that the Board of Directors utilize their judgment to determine that the selling of this portion of the District property will not interfere with District operations or use of the property at this time.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Purchasing Considerations (check all that apply): ☐ Not applicable
☐ Fully Article X. <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI>- and/or Consultant Selection Policy <http://lcnet.co.lake.ca.us/Assets/Intranet/Policy/Policies+$!26+Procedures+Manual/Ch4_2021v2.pdf>-Compliant (describe process undertaken in “Executive Summary”)
☐ Section 2-38 <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI> Exemption from Competitive Bidding (rationale in “Executive Summary,” attach documentation, as needed)
☐ For Technology Purchases: Vetted and Supported by the Technology Governance Committee <http://lcnet.co.lake.ca.us/Assets/Intranet/Intranet+Forms/Information+Technology/AdvPlan.pdf> (“Yes,” if checked)
☐ Other (Please describe in Executive Summary)
Consistency with Vision 2028 <http://www.lakecountyca.gov/Government/Directory/Administration/Visioning/Vision2028.htm> (check all that apply): ☐ Not applicable
☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action: That the Board of Directors accept District staff recommendations and determine that the portion of District property referenced in the purchase agreement will not interfere with District operation or use of the property as such authorize the Air Pollution Control Officer to sign and submit the purchase agreement.