Board Of Supervisors — Tuesday, November 22, 2022

The County contracts with Lake Indigent Defense, LLP (LID) to provide free legal counsel to indigent defendants as required by the 1963 U.S. Supreme Court case Gideon v. Wainwright. The existing Indigent Defense Services contract expires on December 31, 2022. Anakalia K. Sullivan and Thomas Feimer as the LID partners who will be jointly and severally held to the obligations, terms and conditions of this Agreement have agreed to the extension of this contract to March 31, 2023 without any additional contractual considerations. Staff recommends approving Public Defender Contract Amendment Number 8 to continue providing indigent defense services to Lake County.

Approve Public Defender Contract Amendment Number 8 between the County of Lake and Lake Indigent Defense, LLP for indigent defense services for the purpose of extending the term of the contract to March 31, 2023 and authorize Chair to sign.

Attached, for your approval, is the agreement between the County of Lake and the Habematolel Pomo of Upper Lake for Animal Care and Control services on tribal lands. The Agreement provides for field service and shelter services to residents within the Habematolel tribal jurisdiction.

Approve Agreement with Habematolel Pomo of Upper Lake for Animal Care and Control Services on Tribal Lands and allow the Animal Care and Control Director to sign the agreement.

I respectfully request the Board's approval to close Behavioral Health Services offices to the public on Friday, December 16, 2022 from noon to 5:00pm. During closing, the department will conduct its annual Winter All Staff Training Meeting. Training will include code of conduct, CalAIM initiatives, cultural competency, and mandated reporting along with discussing our strategic plan for the upcoming fiscal year. Crisis and Medications staff will remain on call during this time to respond to emergent situations if needed. Your approval of this request will enhance employee morale as well as provide up-to-date knowledge, information and training on critical issues and topics in our Department. In addition, this training helps us fulfill State compliance mandates.

Approve Request to Close Behavioral Health Services offices from noon-5:00pm Friday, December 16, 2022 for Winter All Staff Training Meeting.

This Resolution Authorizes the Department Head's signature on the Amended Standard Agreement to reflect administrative changes at the MHSOAC. These changes do not affect the funding or scope of work of the grant. There have been staffing changes at the MHSOAC and these are reflected in the Amendment.

Adopt Resolution Authorizing an Amendment to the Standard Agreement Between County of Lake and the Mental Health Services Oversight and Accountability Commission (MHSOAC) for the Period Beginning upon Contract Execution Through September 30, 2026 and Authorize the Behavioral Health Director to Sign the Standard Agreement Amendment and the Grant Award Claim Form.

Lake County Behavioral Health Services entered into the original Agreement, as approved by the Board, in June 2022. This Agreement included a Contingency Budget to meet unanticipated project needs, as Exhibit D. This Amendment increases the amount of funds in Exhibit C, "Committed Funds," by $62,320 for the addition of a Lab Interface implementation and subscription to the E.H.R. platform and decreases the amount of funds in Exhibit D, "Contingency Budget," by the same amount.

Approve Amendment No. 1 to the Participation Agreement Between County of Lake and the California Mental Health Services Authority to Include Modifications to Exhibit C - Participant-Specific Committed Funding and Payment Terms; and Exhibit D - Participant Contingency Budget with no change to the Contract Maximum for FYs 2021-29 and Authorize the Board Chair and Department Head to Sign.

Staff requests the Board adopt resolution to amend the position allocation for Budget Unit 2602 Building and Safety Division. We propose to delete one (1) Accounting Technician and add one (1) Accounting Technician/Accounting Technician, Senior allocation. This change to a flex position will increase the potential for retention of staff with the path for advancement not available in the existing allocation

Resolution Amending Resolution No. 2022-119 establishing Position allocations for FY 2022 - 2023, Budget Unit 2602.

Quote for 2023 Ford Bronco Sport Base 4 Door BOS Memo dated October 18, 2022 Pursuant to Lake County Code Chapter 2-39.1 (c), expenditures in excess of twenty-five thousand dollars ($25,000.00), but not exceeding fifty thousand dollars ($50,000.00) are presented to the Board for approval. Code Enforcement requests Board approval for the purchase of a replacement Code Enforcement vehicle, a 2023 Ford Bronco Sport Base 4 Door in the amount of $32,950.85. On October 18, 2022, the Community Development Department (CDD) received approval from your Board to purchase a 2023 Ford Bronco Sport Base 4 Door for the amount of $28,899.91. CDD completed a purchase order and all other documents necessary for the purchase. On October 27, 2022, CDD was informed by the vendor the quote for $28,899.91 was not going to be honored. The vendor sent an email stating: "I hope this message finds you well. Upon reviewing your POs, we found that the contract price did not match with the actual vehicle price. The 2023 model is actually $3,675 more than the current contract price." CDD is requesting the purchase of a replacement vehicle in order to provide a tangible public service and to carry out its duties in an efficient and effective manner. As part of Code Enforcement's 2022-2023 budget, an amount of $37,000 was budgeted for a new vehicle.

Staff recommends the Board of Supervisors approve the purchase of a replacement vehicle, 2023 Ford Bronco Sport base 4 Door in the amount of $32,950.85.

The Lake County Sheriff's Department participates in the Equitable Sharing program with the US Department of Justice. This program monitors federally seized monies, referred to as asset forfeitures. A report of all receipts and expenditures is required to be submitted after the close of the fiscal year. Attached for your Board's approval is the annual submission of the Equitable Sharing Agreement and Certification for the period ending June 30, 2022. Approval of the Equitable Sharing agreement allows Lake County to be eligible for asset forfeiture proceeds. These monies are used primarily for training purposes. No federal asset forfeiture monies were received during the 2021/22 fiscal year.

Approve Equitable Sharing Agreement and Certification between the County of Lake Sheriff's Department and the US Department of Justice; and authorize the Sheriff and Chairman to sign.

The Sheriff's Department has been awarded the Emergency Management Performance Grant (EMPG) in the amount of $141,465 for FY 2022. These grants have a 100% county match. The EMPG grant will pay a portion of salaries for employees budgeted in 2201 that perform emergency management duties. These employees are certified in the Professional Development Series of Emergency Management and include OES Manager Leah Sautelet, OES Coordinator Willie Sapeta, OES Specialist Alma Perez , Lt. Gavin Wells, and Sheriff/Coroner Administrative Manager Mary Beth Strong. 50% of the time spent on OES duties are reimbursable to the County General Fund. These monies have been budgeted in the Sheriff/OES budget 2704. The County match has been budgeted in the Sheriff/Coroner budget 2201. Any adjustments will be made during the mid year budget update. These funds reimburse the Sheriff/Coroner budget 2201 for a portion of salaries for employees in this budget that perform emergency management duties.

A) Approve the FY 2022 Emergency Management Performance Grant application in the amount of $141,465; B) Authorize Sheriff Brian Martin to sign the Grant SubAward Face Sheet, the Authorized Agent document and the Subrecipient Grants Management Assessment form; C) Authorize County Administrative Officer, Susan Parker to act as the Authorized Agent on behalf of the County to sign the Standard Assurances and initial each page, the Lobbying Certification and the FFATA Financial Disclosure document and D) Authorize the Chairperson of the Board of Supervisors to sign the Certification of the Governing Body Resolution.

Stable housing is a fundamental component of self-sufficiency and child well-being. The Lake County Department of Social Services (LCDSS) supports this philosophy by engaging in the California Department of Social Services (CDSS) Housing Support Program (HSP). Since 2019, LCDSS has partnered with North Coast Opportunities (NCO) to operate the HSP in Lake County serving families on CalWORKs who are homeless or imminent risk of homelessness. This program is funded through an allocation from CDSS. Together with North Coast Opportunities, Inc., Social Services will provide resources to support CalWORKs clients using the Housing First Model. This includes, but is not limited to, funding short-term temporary housing, financial assistance in paying move in costs, deposit and security fees and rental assistance, property owner negotiations and case management. For FY 22-23, Lake County has received a non-competitive allocation of $774,816 from California Department of Social Services (CDSS), however, Social Services is applying for additional funding due to the success of the program. In accordance with the County Purchasing Ordinance No. 3109, a Request for Proposals (RFP) was issued in April of 2022. There were three agencies who registered for this RFP, but only NCO submitted a proposal therefore, NCO was the selected Contractor.

Approve Contract between County of Lake and North Coast Opportunities, Inc. for the Housing Support Program, for the term of July 1, 2022 to June 30, 2025, and authorize the Chair to sign.

Budget Transfer is needed for the purchase of a Pipe Inspection Camera Reel Machine and a Digital Recording Monitor to replace aging equipment that has reached the end of their useful lives. Both pieces of equipment will be used for Sewer Lateral & Mainline Inspections, which will help reduce Inflow & Infiltration and prevent potential sewer spills due to blockage. The necessary purchase cannot be delayed until the upcoming Mid-Year Budget cycle and current appropriations in Budget Unit 8593 are not sufficient to finance the purchase.

(Sitting as the Board of Directors of the Kelseyville County Waterworks District #3) Approve budget transfer allocating money from object code 17.00 to 62.74.

Last year, your Board directed staff to conduct a Request for Proposals for Investment Management & Advisory Services. Chandler Asset Management (Chandler) was selected and provided the technical expertise necessary to update the County's investment policy and strategy approved by your Board. Chandler then began actively managing the County's funds in September, and has previously provided quarterly reports of the County's pooled investments. The reporting materials will provide an overall economic update, as well as reporting information on the County's holdings, both those under the investment portfolio as well as consolidated reporting. A representative from Chandler is in attendance to present the materials. Staff recommends your Board accept this report.

Accept the September 30, 2022 Report of Lake County Pooled Investments.

Pursuant to Lake County Code (LCC) Chapter 13, Article I, Section 13-7.1 -The Board will consider the appeal of Cryptorights Foundation, Inc. (appellant/property owner) regarding a Notice of Nuisance and Order to Abate (NONOTA) for violation(s) of the Lake County Code including (1) Open and Outdoor; (2) Chapter 21, Article 68.4 (8) for residential accessory uses and structures. When a hearing is requested as provided for in the NONOTA, the Board shall proceed to hear the testimony. Attachment A - Hearing Notice Attachment B - Complaints Received Attachment C - Site Map Attachment D - Notice of Nuisance and Order to Abate Attachment E - Site Photos Attachment F - Hearing Request received from The Cryptorights Foundation, Inc. (CRF) Property: Property Address: 8020 High Valley, Rd, Cobb, CA APN #: 011-040-261 Property Owner: The Cryptorights Foundation, Inc., a California non-profit corporation Zoning Designation: "RR" Rural Residential District Improvements: Vacant lot Acres: 0.792 Attachment C - Site Map Facts: On or about March 25, 2019, Code Enforcement received two separate complaints against the subject property alleging: (1) persons living in a trailer, with no septic, water, or electricity connected to the property; (2) unpermitted storage containers. (Attachment B) On July 11, 2019, a "Notice of Nuisance & Order to Abate" was issued against the subject property for violations of the Lake County Code: (Attachment D) * LCC Chapter 21, Article 68, Section 68.4 (8) - Definition of Residential Accessory Uses and Structures, for the cargo boxes situated on the property. * LCC Chapter 21 -10.20 - Substandard Dwelling does not meet minimum construction standards. Currently existing and/or situated on the property is a black cargo container sitting on a cinder blocks (improper footings). (Attachment E) On August 1, 2019, a "Notice of Abatement Hearing Request Form" was received. The reason provided: (Attachment F) "CRF, Inc is accused by "Anonymous" (offering no evidence) of living in its temporary construction admin office and of having Containers on its property. CRF, Inc., is not "living" in its office. Its containers, which are both storage and building materials, are allowed when permits are in process. But Planning has improperly prevented CRF from filing for permits by ignoring unambiguous evidence of legal lot status (under "Subdivision Ordinance of 15 Sept 1971"), while refusing to state why it cannot make a timely determination based on that evidence, which it required and received in good faith in Summer of 2018". Purchasing Considerations (check all that apply): ? not applicable ? Fully Article X.- and/or Consultant Selection Policy-Compliant (describe process undertaken in "Executive Summary") ? Section 2-38 Exemption from Competitive Bidding (rationale in "Executive Summary," attach documentation, as needed) ? Other (Please describe in Executive Summary) ? Well-being of Residents ? Public Safety ? Disaster Prevention, Preparedness, Recovery ? Economic Development ? Infrastructure ? County Workforce ? Community Collaboration ? Business Process Efficiency ? Clear Lake

If sufficient evidence exists, Staff recommends the Board of Supervisors uphold the "Notice of Nuisance & Order to Abate" dated 7/11/2019, and direct the property owner to voluntarily abate the violations by removing the cargo containers from the property at a time made certain by the Board, and if the violation is not corrected within time allowed by the Board, direct staff to move Forward.

Attachment A - Notice of Hearing Attachment B - Site Map / Photos Attachment C - Building Division documents Attachment D - Notice of Expired Permit Attachment E - Stop Work Order photos Attachment F - Stop Work Order Letter Attachment G - Second Stop Work Order Letter Attachment H - Notice of Nuisance / Order to Abate Attachment I - Notice of Non-compliance Attachment J - Final Notice of Nuisance / Order to Abate Attachment K - Notice of Violation and Superseding Notice of Nuisance / Order to Abate Attachment L - Request for Hearing / Carter Statement Attachment M - Building Permit Fees

The Board will consider the appeal of Thomas Carter pursuant to Lake County Code (LCC) Chapter 13, Article I, Section 13-7.1 - A hearing before the Board of Supervisors regarding a Notice of Nuisance and Order to Abate (NONOTA) may be requested by filing a written request for a hearing with the Lake County Community Development Department within twenty-one (21) days of service of the NONOTA. When a hearing is requested as provided for in the NONOTA, the Board shall proceed to hear the testimony. Property Information: Property: 1622 Hunter Point Rd, Upper Lake, CA APN#: APN#022-001-05 Property Owner: Carter, Thomas (hereinafter, Carter) Carter, Olivia Ceridono, Jaime Zoning: Rural Lands (RL) Property Description: Property is approximately 20.43 acres, improved with: (1) primary residence (approx. 2400 sq. ft.) (2) accessory dwelling unit (approx. 525 sq. ft.) (3) alleged ag-exempt barn (approx.. 1800 sq. ft.) Basis of Investigation: Code Enforcement received information alleging structures and/or buildings were erected or constructed with first obtaining the issuance of building permits. Code Enforcement determined that three (3) structures have been erected or constructed without first obtaining the issuance of building permits. The appealing party, Thomas Carter (Carter) claims he did not obtain building permits, as he claims the costs of obtaining building permits increased from the period when Carter obtained an estimate ($approx. 4,000) to the period when permit fees were to be paid (approx.. $17,000). Case History: In 2018, the subject property was affected by the Mendo-Complex Fire and the primary structure incurred significant fire damage. Carter intending to rebuild, claims the Building Safety Division (BSD) provided an estimate of approximately $4,000 for his building permit fees. Carter's claims his insurance company disbursed funds to him based on said amount. On 2/25/2019, Carter started the process to obtain a building permit to rebuild and submitted a building permit. At that time, only a permit was issued for the construction of a foundation. On 12/18/2019, Carter continued with the building permit process by submitting building plans. At this time Carter learned the fees for a building permit had been increased. The technician made a notation on permit BLDG19-01826, the owner did not pay any fees and the building plans are on hold and will not go to plan check until the plan check fee is paid. (Attachment C) On July 20, 2020, the BSD sent a "Notice of Expired Permit" to Carter. No final inspection had been performed by BSD and no Certificate of Occupancy had been issued for occupation. (Attachment D) On October 25, 2021, the Lake County Building Safety Division posted a "Stop Work Order" for building without permits. (Attachment E) On October 27, 2021, BSD mailed a letter to Carter stating a "Stop Work Order" was posted for not first obtaining the required building permits. (Attachment F) On December 8, 2021, a "Second Notice" was mailed to Carter containing the same information as the letter dated 10/27/2021. (Attachment G) On February 28, 2022, Code Enforcement issued a "Notice of Nuisance and Order to Abate" against the property for (1) failure to obtain required permits; and (2) occupying a building or structure with first obtaining issuance of a certificate of occupancy. (Attachment H) On March 1, 2022, A Notice of Non Compliance was recorded for failure to obtain permits. (Attachment I) On April 29, 2022, a 'Final and Last Notice of Nuisance and Order to Abate" was issued against the property for the same violations in the 2/28/2022 Notice of Nuisance and Order to Abate. . (Attachment J) In June 2022, I (Beltramo) contacted Carter via telephone. Carter stated he did not obtain a building permit because the building permit fee increased from around $4,000 to around $17,000. Carter stated he and his insurance company contacted the BSD and were given an estimate for permits fees of around $4,000. Carter also confirmed during this conversation he built a 2400 sq. ft. primary residence; a 525 sq. ft. dwelling unit for his son; and a barn that Carter stated he received a verbal agricultural exemption from the Chief Building Official at that time. Carter stated the barn is used for making wine barrels. LCC Chapter 5, Section 6.24 Ag. Exempt structures - an exempt Building permit shall be issued for any agricultural Building as defined in section 202 of the California Building Code, which is located on a parcel of land with an area of ten (10) or more acres being used primarily for agricultural uses; LCC Chapter 5, Section 5-4A 2019 California Building Code, Section 202 Agricultural Building - A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. On June 15, 2022, Code Enforcement issued a "Notice of Violation" and a superseding "Notice of Nuisance and Order to Abate" for violations of (1) three (3) unpermitted structures; (2) failure to obtain a zoning clearance; (3) a public nuisance violation for use of land, buildings, operated or maintained contrary to the provisions of Chapter 5 and 21. (Attachment K) On June 29, 2022, an appeal letter and request for hearing was received from Carter. Carter is appealing to the BOS to apply the fee rate that was in effect at the time of the fire. (Attachment L) Per the BSD, Carter owes the following approximate amounts in permit fees and penalties (Attachment M): * 2466 sq. ft. SFD and 788 Garage sq. ft. - $17,115.57 (includes penalty $10, 211.57) * 525 sq. ft. ADU - $1,981.88 * Barn (approx. 2,000 sq. ft.) $2,719.35

Staff recommends the Board of Supervisors uphold the Code Enforcement Notice of Violation and Notice of Nuisance and Order to Abate and direct the property owner to pay the permit fees and any penalties, or voluntarily abate all unpermitted structures by first obtaining a demolition permit, if not done so in a period of time determined by the Board of Supervisors, direct staff to move forward with the imposition of administrative penalties and, if necessary pursue abatement of all unpermitted structures.

The Lake County Sanitation District (LACOSAN) Board of Directors took action in the late 1980's and early 1990's to form the Middletown Sewer Project Assessment District 2-2. Property was acquired, infrastructure was installed, and in 1995 sewer rates were adopted by ordinance and service to this area began. Operations and maintenance has been continuous since with no adjustment of the rate structure. Rates were set to be analyzed when the Valley Fire occurred and the analysis and any proposed rate adjustment was postponed due to that and subsequent disasters. Early in 2021 district staff coordinated with the California Rural Water Association for a Financial Planning, Revenue Requirements, and Rate Setting Analysis to determine the financial health of the district and support a Proposition 218 compliant rate increase if need be. The Rate Analysis has been attached for your review and consideration. Rates adjustments are not being proposed as part of today's discussion and action. There is a public hearing which has already been noticed and scheduled for 12/6/22. Absent a majority of protests the Board could consider setting rates at or below the recommended level subsequent to that hearing. Today the Board is simply being asked to accept and approve the attached Financial Planning, Revenue Requirements, and Rate Setting Analysis by adopting the attached Resolution as a precursor to the Public Hearing scheduled for 12/6/22.

Consideration of Proposed Resolution to Receive, Approve, and Adopt the Financial Planning, Revenue Requirements, and Rate Setting Analysis for Lake County Sanitation District Middletown Sewer.

Lake County currently has 6 Municipal Advisory Councils (MAC). Approximately 5 of these councils have reached out to PEG TV requesting coverage to record their meetings and help provide the transparency, quality, and reach that they desire. Lake County PEG TV has prepared an agreement which was approved by the PEG Board on November 14, 2022. Within this agreement, the county can request videography coverage for any and all MACs. A PEG approved videographer would setup, record, and edit the meeting and provide a quality final product to both the county and MAC. PEG will also upload the meeting onto their online site, and if appropriate onto PEG Channel 8. While it is possible to stream the meetings, this will only be an option if the facility, in which the meetings are conducted, offer a strong enough connection to provide a clear and quality stream. PEG would provide the following equipment at any requested meeting: - Microphones and mic stands (5 mics maximum) - Portable Public Address Sound System - High Definition Cameras (2 maximum) - Projector Screen/Projector - Laptop for recording/streaming meeting. PEG is offering this service at $40 per hour and is requesting an agreement between the County of Lake and PEG through June 30, 2023 for a maximum not to exceed $10,000. Please be aware that if approved, PEG will then purchase the necessary equipment. It is unknown at this moment in time, with supply chain issues still lingering, when all equipment will be obtained. However, once all equipment has been obtained, PEG will be ready to provide the service upon request. Upon speaking with the Lake County administration, it would appear that funding is available and would most likely come from the Admin Budget Unit #1781, under Special Projects.

Approve the Agreement between the County of Lake and Lake County PEG for fiscal year 22/23 for an amount not to exceed $10,000.

On December 4, 2018, your Board adopted a resolution establishing a new Geothermal Advisory Committee which combined the communities of Cobb, Anderson Springs, and Middletown, to address impacts from geothermal development. Recently, a resignation was received from Benjamin Murphy, representing Cobb Area Water. Please consider the attached application for Jim Agur to fill this seat.

Appoint qualified applicant to the Geothermal Advisory Committee.

For the Board's consideration and approval, a Resolution to Amend the Fiscal Year 2022-23 budget to reflect an increase in County Drug Medi-Cal Plan funding. This Resolution will increase the Substance Use Disorder Budget for Behavioral Health from $1,897,500 over FYs 2020-21, 2021-22, and 2022-23 to $10,000,000.00 in order to access reimbursement for services being delivered to Lake County beneficiaries by a Tribal 638 Clinic in network.

Approve Resolution #2022-118 Adopting Final Budget For Fiscal Year 2022-2023 to Increase Revenues and Appropriations in Budget Unit 4015 - Behavioral Health Services Department.

New Life Clinic, LLC is a Tribal 638 Clinic owned by the Pinoleville Tribal Nation in Mendocino County. It is the closest provider of Opioid Treatment Program (OTP) services that offers methadone treatment for Lake County beneficiaries. Lake County issued a Request for proposals for all levels of Substance Use Disorder Treatment services, which would include OTP services, in April of 2022. Because OTP services are an entitlement and the DMC plan is required to honor these claims, and also because there is no in-County provider and this is the closest provider (see attached map), we request exemption from the competitive bidding process due to the unique nature of goods/services. Lake County, as any other county Drug Medi-Cal plan, is required to provide certain services for their Medi-Cal beneficiaries consistent with state and federal law. If these services are not provided "in house" then the plan must contract for these services. These contracted costs are then submitted to DHCS and the County receives the appropriate matching state and federal reimbursement for those services based on the patient's aid code/eligibility see DMC billing Manual (attached). DHCS published Behavioral Health Information Notice No: 20-065 in December 2020 which outlined DMC and ODS counties' obligations to Indian Health Care providers (IHCPs). Since DMC and ODS counties operate as Pre-Paid Inpatient Health Plans, they are subject to federal requirements relating to IHCPs. Claims submitted by DMC ODS counties for Medi-Cal beneficiaries served by an IHCP are eligible for the all-inclusive rate published in the Federal Register, assuming all the claim requirements are met.

A. Waive Competitive Bidding According to Section 38.2(2) and Approve Agreement Between County of Lake and New Life Health Authority dba New Life, LLC for Substance Use Disorder Outpatient Drug Free Services, Intensive Outpatient Treatment Services, and Narcotic Treatment Program Services for Fiscal Year 2022-23 in the Amount of $10,000,000.00.

It is with great honor, that I share with your Board and the community the following recognition: Public Works Director Scott De Leon received the Ed Hanna Memorial Award, County Engineers Association of California 2022 California County Engineer of the Year, for exemplary application of Engineering Management Principals in the field of County Engineering.

No action required.