Board continues public hearing on biomass project after state review request; new date set for Aug. 26

The Lake County Board of Supervisors on Tuesday continued a contested appeal hearing over a proposed Ag/forest wood-processing bioenergy project in Upper Lake after state agencies told county staff they need more time to determine whether leasing the property is compatible with the bond that funded its purchase.

The public hearing on appeal PL 25-22 (APN 004-010-04) was continued to Aug. 26 at 9:30 a.m., after county staff and members of the public urged the board to wait for a written response from the Department of Water Resources (DWR) and the State Controller—s Office about the status of a lease and conservation easement for the site.

The project site was purchased with DWR flood corridor bond funds, and DWR staff told county officials in written correspondence that leasing the parcel to a private operator could be incompatible with the bond terms and might create a potential tax issue. DWR said it needs to coordinate with the State Controller—s Office and does not expect a decision until later this summer. County Community Development Director Mira Turner asked the board for a continuance while the county completes those ongoing communications.

Residents and the appellant also urged delay. Barbara Morris, who said she had submitted a letter to the board, told supervisors repeated short continuances impose a hardship on neighbors who travel or must arrange childcare to attend meetings and who have retained counsel. Tara Morris, reading from DWR—s letter into the record, asked the board not to set a new date until the state has clarified whether lease terms are permissible.

Marsha Birch, who identified herself as counsel for the appellant and some neighbors, echoed the request to wait for a definitive response from DWR and the State Controller—s Office and recommended re-noticing the item if it must be scheduled after the state response is received.

County staff said they had proposed a July 22 date at 10 a.m. as an initial check-in, but board members expressed concern that mid-July could still be too early given DWR—s letter. Supervisors discussed options including a date-certain continuance so the county would not need to re-notice by mailed notices and newspaper publication. After discussion the board chose Aug. 26 at 9:30 a.m. as the continuance date. A motion to continue the public hearing to Aug. 26 at 9:30 a.m. was moved and seconded and the board approved the continuance.

The board also directed staff to notify the appellant and applicant ahead of time and, if appropriate, to include a notation on the posted agenda that a continuance will likely be requested. Staff said it would notify parties again at the 15-day publication deadline for the next agenda packet if the state response had not been received.

The continuance preserves the county—s opportunity to take formal action once the state clarifies whether leasing the parcel to a private operator is compatible with the flood corridor bond terms.

The board will reconvene the hearing Aug. 26 at 9:30 a.m. if the matter is on the posted agenda.