Board Of Supervisors — Tuesday, October 4, 2022

As you are aware, the first residents of Lake County, greater than 12,000 years ago, were Native Americans. Every facet of our community's history has been informed by the contributions of Native Americans. Friday, September 23, was Native American Day in the State of California. Particularly given the important role Tribal leadership has played in Lake County's past, present, and future, I ask that we acknowledge September 23, 2022 as Native American Day in Lake County. The second Monday in October is Indigenous Peoples' Day in Lake County and I ask we recognize this day with a proclamation.

(a) Acknowledge September 23, 2022 as Native American Day in Lake County; and (b) Adopt Proclamation Declaring the 2nd Monday in October as Indigenous Peoples' Day in Lake County.

The current five-year agreement with Canon U.S.A. Inc. for provision of photocopy machines has expired and is continuing on a month-to-month basis. Staff explored options for the replacement of our current photocopy machine agreement and found the "piggyback" option of using an existing competitively bid agreement would be the most cost effective. Typically, this procurement would be subject to the County's Consultant Selection Policy (CSB). In this instance though, pursuant to Section 2-38.4 of the Lake County Code, the County is authorized to "piggyback" or use other agencies' competitively awarded contracts. Canon is proposing to "piggyback" on the master agreement with OMNIA Partners (formerly known as "NIPA") contract FI-R-0251-8. Consequently, a CSB process would not be required if your Board determines that Canon's proposal is in the County's best interest. Staff contacted multiple vendors that have repair technicians who reside in Lake County which is a critical element to facilitating expeditious responses to our service calls. The vendors contacted were required to have "piggyback" options that could be extended to our County for photocopy machines. Canon's proposal provides a 60 month lease of 102 photocopy machines with an incremental cost per print/copy of $0.0055 cents for black & white and $0.045 cents for color. The proposed new pricing comes in slightly less than the prior agreement when you consider we added 11 copy machines. Canon has provided reliable machines and services over the past 10 years. Consequently, staff feels the new agreement with Canon Solutions America is in the best interest of the County.

a) Waive the formal bidding process, pursuant to Lake County Code Section 2-38.4, as the County is piggybacking on a cooperative purchasing consortium contract. b) Approve Agreement with Canon Solutions America providing terms and conditions for acquisition, operation and maintenance of digital copy machines and supporting products, services and supplies for a monthly lease amount of $8,998.41 and a per copy amount of $0.0055 (B&W) and $0.0450 (Color); and authorize the Chair to sign; and c) Authorize the Purchasing Agent to execute the resulting purchase orders and/or lease agreements.

I would like to ask the Board to adopt the attached Resolution approving the Agreement with the California Department of Food and Agriculture (CDFA) for the Nursery Inspection Program in Lake County from July 1, 2022 through June 30, 2023. The agreement amount is $500.00. The Nursery Inspection Program Agreement provides for reimbursement to inspect nursery stock at all producers/ wholesale nursery locations within the county. Should the board adopt this resolution, please have the chair sign and return one copy of the agreement, one copy of the board resolution and return them to the Department of Agriculture for processing. A signed complete copy will be returned for your records.

Request to Adopt Resolution Approving Agreement No.22-1102-000-SA with California Department of Food and Agriculture for Compliance with the Nursery Inspection Program for Period July 1, 2022 through June 30, 2023 in the Amount of $ 500.00

I would like to ask the Board to adopt the attached Resolution approving the agreement with the California Department of Food and Agriculture (CDFA) for High Risk Pest Exclusion in Lake County from July 1, 2022 through the June 30, 2023. The new agreement amount is $9,974.09. This is a state program that reimburses the Agricultural Commissioner's office for agricultural inspections at distribution center UPS, and truck shipments at local stores. This program is critical to Lake County agriculture to prevent invasive pests and diseases from becoming established in the county. Should the Board adopt this Resolution, please have the chair sign and return one (1) copy of the Agreement, and one (1) copy of the Board Resolution and return them to the Department of Agriculture for processing. A signed completed copy will be returned for your records.

Request to Adopt Resolution Approving Agreement No. 22-1366-000-SG with California Department of Food and Agriculture for compliance with the High Risk Pest Exclusion Program for period July 1, 2022 through June 30, 2023 in the Amount of $9,974.09

In Fiscal Year 2021-22, LCBHS entered into a Participation Agreement with CalMHSA for the negotiation of State Hospital bed rates. This fiscal year, CalMHSA continues to negotiate on behalf of participating Counties to set rates for State Hospital beds. Importantly, this MOU does not guarantee bed availability. By having the MOU in place, Counties avoid delays in obtaining assistance (until those documents have been executed). There is no financial obligation until such time that you use a bed, as billing is based on actual use. Due to CalMHSA's ongoing negotiations with DSH on the new MOU, which includes the below highlighted rates, a short-term amendment was issued with the intent to finalize by end of the calendar year (December 2022). At that point the new multi-year MOU would become effective. DSH issued Counties notice in February of 2021 regarding their intention to increase rates. CalMHSA was able to freeze rates due to DSH's inability to comply with the statute of providing "actual costs per hospital" to counties. Since that time, the state department hired an external entity to assess hospitals and provide actual costs, which is why they increased rates. Since that time, CalMHSA has been working to negotiate down the proposed rates and have done so. Previous Frozen Rates: a. ICF Bed: $626 per day b. Acute Bed: $626 per day c. SNF Bed: $775 per day DSH Proposed Rate Increases: a. ICF Bed: $655 per day b. Acute Bed: $964 per day c. SNF Bed: $1,168 per day CalMHSA Final Negotiated Rates: a. ICF Bed: $728 per day b. Acute Bed: $753 per day c. SNF Bed: $806 per day The Participation Agreement is between CalMHSA and the County and is separate from the MOU. This agreement is for CalMHSA's services/role in the representation of Counties in the state department negotiations of MOU terms, rates, seeking alternatives to state hospitals, etc. This program was developed to intentionally hold a fund balance to cover future costs associated with alternatives to state hospitals. CalMHSA's fee has always been $1,402 per bed. The increase reflected in the PA is due to the updated bed count received from DSH. CalMHSA has been invoicing based on the bed count provided in FY14/15 and not updated since that time until now.

(a) Approve Participation Agreement between the County of Lake and the California Mental Health Services Authority for the State Hospitals Program in the Amount of $2,804.00 for FY 2022-23 and authorize the Chair to sign. (b) Approve Memorandum of Understanding between the California Mental Health Services Authority on behalf of participating California Counties with the Department of State Hospitals for State Hospital Beds effective July 1, 2022 through December 31, 2022 and Authorize the Department Head to sign both the Participation Agreement and MOU.

Kings View has provided professional services to support the administration of Lake County Behavioral Health Services' Electronic Health Record (E.H.R.). These services range from data management, state reporting, and billing. As stated in the Agreement, Kings View has provided these services to LCBHS since 2006 and no other entity has the breadth and depth of knowledge to provide these services. Moving forward, LCBHS will be migrating to a new E.H.R. platform with a go live date of March 1, 2023. Kings View will support the data migration to the new E.H.R.

(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 County of Lake and Kings View Professional Services for MIS Support Services for FY 2022-23 in the amount of $158,469.00 and Authorize the Board Chair to Sign.

The Board of Supervisors will consider approving a contract for as needed Plan Review services for up to a total of $50,000.00 with 4Leaf Inc. The Building & Safety Division is currently staffed with two Plans Examiners, but we do not have a Structural Engineer to verify that submitted plans that have exceeded prescriptive California Building Code requirements have been correctly calculated. The California Codes allow for structural elements that exceed the limits of the code as long as they are designed in accordance with accepted engineering practices. It is very important for safety of our community that these structural calculations have been verified for completeness and accuracy. Staff received six informal written quotes, and 4Leaf Inc. was one of the two that came in with the lowest bid of 40% of Lake County's Plan review fee for Structural only reviews. While we do not have plans at this moment for outsourcing any complete plan reviews, of the 2 low bids 4Leaf's complete plan reviews are 65% and the other is 70% of Lake County's Plan review fee. 4Leaf Inc. has been providing a range of services to 350+ clients throughout California for more than 21 years. 4Leaf has 60+ plan check personnel that includes Registered Professional Engineers, Licensed Architects, Certified Access Specialists, and ICC Certified personnel.

Approve Agreement between the County of Lake and 4Leaf, Inc., for as-needed Plan Review services for an amount not to exceed $50,000.00, and authorize the Chair to sign.

The Registrar of Voters is charged with the duty to appoint persons to serve in various positions in order to conduct the November 8, 2022 General Election as well as setting the rate of pay for each person working as a result of the General Election. Pursuant to section 12310 of the California Elections Code, I am submitting a resolution setting the rate of compensation for members of the precinct board and support staff for the upcoming November 8, 2022 General Election.

Approve Resolution Setting Rate of Pay for Election Officers for the November 8, 2022 General Election

In order for federal funds to be approved, Caltrans requires that the County of Lake certify the right of way required for the Bartlett Springs Road over Bartlett Creek Bridge Replacement Project. Staff has prepared the attached Resolution and Right of Way Certification to certify that the County has secured the right of way required for this project. This project is 100% funded for construction with federal funds.

Staff recommends that the Board of Supervisors adopt the Resolution Approving Right of Way Certification for the Bartlett Springs Road over Bartlett Creek Bridge Replacement Project, and authorize the Public Works Director to sign the Certification.

In order for federal funds to be approved, Caltrans requires that the County of Lake certify the right of way required for the Chalk Mountain Road over Cache Creek Bridge Replacement Project. Staff has prepared the attached Resolution and Right of Way Certification to certify that the County has secured the right of way required for this project. This project is 100% funded for construction with federal funds.

Staff recommends that the Board of Supervisors adopt the Resolution Approving Right of Way Certification for the Chalk Mountain Road over Cache Creek Bridge Replacement Project, and authorize the Public Works Director to sign the Certification.

As you may be aware, a group of Lake County agencies with climate-focused responsibilities has recently been collaborating to develop an application for the Strategic Growth Council's Regional Climate Collaboratives Program: https://sgc.ca.gov/programs/cace/resources/rcc/ If successful, this grant will fund the Climate Safe Lake project, which includes three critical areas of activity: * Development of a Countywide Climate Action Plan; * Promotion of Bioenergy and BioChar production, to utilize waste woody biomass; and * Capacity development for climate resilience activities in Lake County Further, there is flexibility within these grant awards to use a portion of the funding (15%) toward emergent priorities. Awards will range from $500,000 to $1,750,000. The County of Lake will function as the Managing Stakeholder for this grant, leading a Collaborative with three formal Co-Applicants: North Coast Opportunities (NCO); Scotts Valley Band of Pomo Indians; and Lake County Community Risk Reduction Authority (RRA). Regional Climate Collaboratives funding seeks to support development of social infrastructure to greet climate-focused needs. You will be aware, work to promote collaborative problem solving in this area has been ongoing in earnest in Lake County since 2018 through the RRA. Today, I am asking that our Board (a) Adopt the attached Resolution, enabling the County to submit this grant application, and also (b) authorize a signatory for the Partnership Agreement currently under development in support of the Climate Safe Lake Project.

(a) Adopt the Resolution. (b) Designate a signatory for the Partnership Agreement.

I. EXECUTIVE SUMMARY The applicant is requesting a one-year extension (SDX 22-01) for Valley Oaks subdivision, original file no. SD 06-01. The Planning Commission recommended the Board of Supervisors approve this request during at their August 25, 2022 meeting. Applicant/owner: Valley Oaks Land and Development Inc. Location: 18196 and 18426 South State Highway 29, Middletown (lots 51 and 36) A.P.N.s: 014-260-51, 014-260-36 General Plan: Agriculture, Resource Conservation and Public Facilities Zoning: "PDR-PDC-O-FF-SC-FW" Planned Development Residential; Planned Development Commercial District; Open Space; Flood Fringe Combining; Scenic Combining; Floodway Combining Flood Zone: "AE" - Floodway and "AO" Special Flood Hazard Areas School District: Middletown Unified School District Fire Protection: South Lake County Fire District (CAL FIRE) Project Setting Existing Uses and Improvements: The commercially-zoned portion of the site is partially developed with a Grocery Outlet store and parking lot. Water Supply: Hidden Valley Lake mutual water company Sewage Disposal: Hidden Valley Lake sewer district Vegetation: Native oak trees, grasses Source: Lake County GIS Mapping Figure 2 - Aerial Photo of Site Source: Google Earth Pro Surrounding Uses and Zoning: * North: The parcels to the north are zoned "R1" Single-Family Residential District and "O" Open Space. The parcels size range from approximately 0.2 acres to greater than 12 acres in size. * South: The parcels to the south are zoned "O" Open Space, "R1" Single-Family Residential District and "C2" Community Commercial District. The parcels size range from approximately 7 acres to greater than 14 acres in size. * West: The parcels to the west are "RR" Rural Residential, "SR" Suburban Reserve, "C1" Local Commercial "C2" Community Commercial, "C3" Service Commercial District. The parcels size range from approximately 0.44 acres to greater than 32 acres in size. * East: The parcels to the west are "RL" Rural Lands. The parcels size range from approximately 13 acres to greater than 36 acres in size. II. PLAN CONFORMANCE Lake County General Plan At the time the original subdivision was approved, the Planning Commission and the Board of Supervisors found the project to be in compliance with the General Plan. Zoning Ordinance Conformance At the time the original subdivision was approved, the Planning Commission and the Board of Supervisors found the project to be in compliance with the applicable subdivision regulations within the County Code. Subdivision Ordinance SEC.17-22.9 (b) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the Planning Commission for a period or periods not exceeding a total of three years. (Note: the California Subdivision Map Act allows for up to six years of extensions for subdivisions. This extension represents the third year this project will be extended). III. ENVIRONMENTAL EVALUATION. The California Environmental Quality Act (CEQA) applies to projects. Extensions are not regarded as 'projects' under CEQA definitions. IV. RECOMMENDATION. Staff recommends the Board of Supervisors approve a one-year extension of time (SDX 22-01) for the approved Tentative Valley Oaks Subdivision Map (original file: SD 06-01). Sample Motion: I move to approve a one-year Subdivision Extension (SDX 22-01), for Valley Oaks; Location: 18196 and 18426 South State Highway 29, Middletown (APNs 014-260-51 & 36). N/A

Lower Lake Waterworks District: One (1) Vacancy, Board of Directors Applicants: Jean Yanich - New Appointment Virginia Kite - New Appointment Toka Wilson - New Appointment

Appoint qualified applicants to the specified advisory board.

The Lake County Watershed Protection District (District) entered into Agreement No. 4600012346 dated October 16, 2019 with the State of California Department of Water Resources accepting $499,971.00 in grant funding for the Middle Creek Flood Control Feasibility Study for the Community of Upper Lake (Feasibility Study) through the Small Communities Flood Risk Reduction Program. The objectives of the Feasibility Study include assessing the community of Upper Lakes' existing flood hazards, evaluating structural, non-structural and multi-benefit projects, and making recommendation to implement a flood risk protection project that integrates other resources needs, as feasible as possible. With these funds, and following a competitive procurement process that was in accordance with County consultant selection requirements, the District entered into a Contract with Peterson Brustad Inc., (PBI) to conduct a Feasibility Study that included the following Scope of Work: project management and reporting, identification of problems and opportunities, formulate alternatives, evaluate final array of alternatives, select and refine the preferred alternative, conduct environmental constraints analysis, public outreach and stakeholder engagement, financing strategy, and report preparation. Through the work that PBI has completed under the Feasibility Study, and with the Districts priority of reducing flood risk to the Community of Upper Lake, the identification of a gravel removal project for Clover Creek Bypass was identified as a high-priority project. In order to conduct such gravel removal project, preliminary engineering design services are necessary to prepare plans adequate to develop quantity take offs for the gravel removal efforts, cost estimates, and make determinations for the scope of environmental clearances and permits. Staff solicited a proposal from PBI for these preliminary engineering services which is included as Exhibit A - Scope of Work. We recommend that your Board utilize Section 38.2 Not in the Public Interest of Chapter 2 of the Lake County Code, specifically items (2) and (3) of that section, which allows the Board to waive competitive bidding based on the following findings: (2) The unique nature of the goods or services precludes competitive bidding, and I offer the following justifications for the above-referenced findings: The history and relationship that PBI has with the project area, including the Upper Lake Community, and the satisfaction of the District for the work PBI has completed for the Feasibility Study, makes the firm the most qualified candidate to be successful in the proposed project. PBI has served a presence in the Upper Lake area since entering into an Agreement with the District for the completion of the Feasibility Study in 2019. Not only does this presence include extensive mapping, modeling, and boots on the ground investigations; PBI has also participated in several of community outreach meetings where they have had direct communications with community members of Upper Lake. The work completed by PBI provides them the preparatory work necessary to expedite the timeline of the completion of the necessary engineering plans required for the implementation of gravel removal in the Clover Creek Bypass Chanel. Going through a formal bidding process for this project will also increase the timeline for a high-priority project. PBI has the resources, skills and relationship with our community and District now to commence work once the Agreement is signed and outlines a commitment of a four (4) month design completion deadline. Due to current permitting requirements and wet weather season approaching, commencing work as quickly as possible will serve the most benefit of community of Upper Lake.

(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 the goods or services, and (b) the Lake County Watershed Protection District to sign and enter into Agreement with Peterson Brustad Inc., for Engineering Design Services for the Clover Creek Bypass Gravel Removal Project for an amount of $44,820 and authorize the Chair to sign.