Memorandum
Date: August 25, 2026
To: The Honorable Lake County Board of Supervisors
From: Lloyd C. Guintivano, County Counsel
Subject: (a) Reconsideration and Rescission of Action Taken on Proposed Findings of Fact and Decision in the Appeal of 1833 DS LLC (PL 26-359);
(b) Consideration of Proposed Findings of Fact and Decision in the Appeal of 1833 DS LLC (PL 26-359)
Executive Summary:
At the August 18, 2026 Board meeting under Agenda Item No. 6.8, your Board, by a vote of 3-2, approved the Findings of Fact and Decision, as amended, and granted the appeal in part in the above matter. A copy of Findings of Fact and Decision, incorporating the amendments made by your Board on August 18, 2026, is enclosed as part of today's (August 25, 2026) agenda packet. Subsequently, staff received information that one or more of the members of your Board may wish to change a vote that was inadvertently submitted and led to the action taken on August 18, 2026.
Chapter 1, Section 3, Rule 9 of the County's policies and procedures states: "Any member of the Board who votes in the majority on a question . . . is eligible to make a motion to reconsider . . . Unless a member was absent, motion to reconsider must be placed on the agenda for the next regular Board meeting . . . A motion to reconsider shall require a majority vote." Chapter 1, Section 3, Rule 8 of the County's policies and procedures states: A motion to rescind any action or motion shall require four-fifths vote unless notice has been given at the previous meeting, either verbally and in writing."
In light of the foregoing, your Board may reconsider each action taken under Agenda Item No 6.8 of the August 18, 2026 Board meeting and rescind each said action. Once reconsideration and rescission of said actions occur, your Board may then proceed with taking the following two actions:
Move to approve the Findings of Fact and Decision and authorize the Chair to Sign; and
Move to grant the appeal in part with the am...
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