Board Of Supervisors — Tuesday, August 2, 2022

CivicSpark is a Governor's Initiative AmeriCorps program dedicated to building capacity for local public agencies to address community resilience issues such as climate change, water resource management, housing, and mobility. CivicSpark is a program of CivicWell. CivicSpark has had a presence in the Lake County community since 2017 with a total of 15 CivicSpark Fellows who have served Lake County dedicating over 31,000 hours of service to our community. The Fellows serving Lake County this year include: - Emma Belanger with the Lake County Water Resource Department - Kristina Linder with the Clear Lake Environmental Research Center - Thomas Brown with the Hidden Valley Lake Community Services District

Adopt Proclamation Recognizing Lake County AmeriCorps CivicSpark Fellows.

The Anderson Springs Community Service District is requesting that the County assist them in paying off a loan with USDA that financed the purchase of two water tanks. The loan was taken out before the Valley Fire, which initially caused the water district to lose 90% of its customer base and rely heavily on reserve funds. Since then, infrastructure has been unstable. The heavy equipment related to the fires aftermath as well as rebuilding has caused the pipes buried beneath the roadways to weaken. The District no longer has the funds to pay for wear and tear. I propose using Geothermal funds to assist the District in repaying the loan in the amount of $218,399.45. The District can then use funds set aside for their loan payment to maintain infrastructure.

Approve Use of Geothermal funds for the purpose of loan repayment for the Anderson Springs Community Service District and authorize the County Administrative Officer to sign a purchase order in the amount of $218,399.45

On June 28, 2022, your Board appointed and ratified the Physician Consultation Services contract with Dr. Gary Pace to ensure that the ongoing public health mandates for services were able to be provided until July 31, 2022. While the County has opened this position for recruitment, the Public Health Officer position remains open. To assist the County, Dr. Pace has agreed to provide public health services until August 31, 2022. Staff recommends approving Amendment No. 1 of Dr. Gary Pace's Physician Consultation Services Contract to continue providing public health services through August 31, 2022.

Approve Amendment No. 1 to Physician Consultation Services Contract to Provide Public Health Services between the County of Lake and Dr. Gary Pace and Authorize Chair to Sign

I would like to ask the Board of Supervisors to adopt the attached Resolution approving the agreement with the California Department of Food and Agriculture for the State Fuels, Lubricants, and Automotive Products Program Agreement. No. 22-0116-000-SA. This agreement reimburses the county for activities that ensure correct petroleum, automotive products advertising, and labeling for Fiscal Year 2022/2023. The maximum agreement amount is $2,475 and expected county reimbursement is $2,475. 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 Agricultural Commissioner's office for processing. A signed completed copy will be returned for your records.

Adopt Resolution Approving Agreement No.22-0116-000-SA with the State of California, Department of Food and Agriculture and Authorize the Execution of the Fuels, Lubricants, and Automotive Products Program Agreement in the Amount of $2,475 for Period July 1, 2022 through June 30, 2023.

I would like to ask the Board to adopt the attached resolution approving the agreement with the California Department of Food and Agriculture for the Glassy-Winged Sharpshooter (GWSS) Agreement which includes FY 2022-2024. The agreement amount is $56,515.76 and includes reimbursement for trapping, nursery inspections, crop inspections and high risk neighborhood inspections. The Glassy Wing Sharpshooter (GWSS) is a serious pest to wine grapes because it carries Pierce's Disease, which is detrimental to the wine grape industry. Should the Board adopt the proposed Resolution, please the chair sign one (1) original of the standard agreement form and one (1) copy of the Board Resolution and return them to the Agricultural Department for further processing. A signed, completed copy will be returned for your records.

Adopt Resolution Approving Agreement # 21-0517-029-SF with California Department of Food Agriculture for Glassy-Winged Sharpshooter (GWSS) Program in the Amount of $56,515.76 for July 1, 2022 Through June 30, 2024

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 trapping and detection of European Grapevine Moth (EGVM) in Lake County from January 1, 2022 through December 31, 2022. The agreement amount is $ 15,405. This program is essential to protecting Lake County's winegrape industry. 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

Adopt Resolution Approving Agreement No. 21-0595-011-SF with California Department of Food and Agriculture for Compliance with the European Grapevine Moth Detection Program in the Amount of $15,405 for Period January 1, 2022 through December 31, 2022

The passage of AB617 Community Air Protection Program occurred in 2017, and AB 109 in 2017 provided funding to implement the program. Funds are appropriated from the Greenhouse Gas Reduction Fund. Significant funds are going to other parts of the state where significant community impacts occur and large populations are exposed to significant air pollution. The Lake County AQMD will receive a small portion of funds from FY 21-22 for work related to AB617 through June 2026. The AB617 program is an overly paper heavy and legalistic process to implement and administer due to the funding source and reporting requirements of the State. The program is setup as a reimbursement program, but we can obtain advance funding for some work. We believe the funding could help update local rules to match up with State reporting timeframes, thus simplifying reporting requirements.

That the Board of Directors authorize the APCO to sign the Grant Agreement and all other program documents and to implement the program.

Lake County Behavioral Health Services completed a cost report for operating the DUI program and determined that a rate increase is needed to maintain the program. This was submitted to the Department of Health Care Services who authorized/approved the proposed rate increase. Now, LCBHS must obtain approval from the Board to finalize the approval of this change and update the rates within the Electronic Health Record.

Adopt Resolution Authorizing Lake County Behavioral Health Services to Increase the Rates for Driving-Under-the-Influence Program Services Effective Fiscal Year 2022-23.

Lake County Behavioral Health Services issued a request for proposals for Adult Residential Treatment Services inclusive of Mental Health Rehabilitation Centers (MHRC), Skilled Nursing Facilities (SNF) specializing in Mental Health, Special Treatment Programs (STP), and Board and Care and Enhanced Board and Care. LCBHS received one proposal; reflected in the approved contract from item 5.8 of the 06/07/2022 Board of Supervisor's meeting. The proposal from this facility and the associated contract do not contain all levels of care needed nor enough beds to accommodate all of LCBHS' beneficiaries' needs. LCBHS did receive updated rate sheets for facilities with whom there has been a historical relationship and contract; the Agreement now before your Board represents one of these. While Ever Well Health Systems did not submit a proposal in the RFP process, LCBHS is requesting a multi-year agreement due to the fact that the contractor will offer a discount on annual rate increases from 3.5%/year to 2%/year. LCBHS has a consistent placement history with Ever Well; two beneficiaries were placed there during FY 2021-22.

Approve Agreement Between County of Lake and Ever Well Health Systems for Adult Residential Support Services and Specialty Mental Health Services for Fiscal Years 2022-23, 2023-24, and 2024-25 in the Amount of $360,000.00 and Authorize the Board Chair to Sign.

On July 14, 2020 the Board of Supervisors approved a Master Agreement between the County of Lake and MGE Engineering, Inc. for On-Call Construction Management Services for HBP-Funded Bridge Projects in the amount of $2,500,000. Each individual project will have a Task Order No. assigned to it. This is the second Task Order for the referenced Master Agreement. TASK ODER NO. 3 Task Order No. 3 is to provide construction management services for the Cooper Creek at Witter Springs Road Bridge Replacement Project, Federal Project No. BRLO-5914(078), near Upper Lake, CA. The total for Task Order No. 3 is $224,906.53, see Exhibit "A" for details. The remaining balance on the Master Agreement is $1,793,190.71 The cost of services to be rendered under this Task Order will be funded through the federal highway bridge program and state toll credits, as appropriate.

Staff recommends that the Board of Supervisors approve Task Order No. 3 for construction management services for Cooper Creek at Witter Springs Road Bridge Replacement Project in the amount of $224,906.53 and authorize the Chair to execute said Agreement.

Social Services currently leases the units located at 16170 Main St. in Lower Lake from Five Pasco Brothers, Inc., which house offices for Adult Services in units C, D, & G; and, Housing and Child Welfare Services in Units E & F. An Amendment is needed for both Lease Agreements due to a change in the property management company. Previously Penna Realty, and now OMarshall, Inc. All payments shall be addressed to OMarshall, Inc. and sent to the updated address. There are no other changes made by these Amendments.

1) Approve First Amendment to the Commercial Lease Agreement between County of Lake and OMarshall, Inc., formerly Penna Realty Property Management, for the property located at 16170 Main St. Units C, D, & G, Lower Lake, CA 95457, and authorize the Chair to sign; 2) Approve First Amendment to the Commercial Lease Agreement between County of Lake and OMarshall, Inc., formerly Penna Realty Property Management, for the property located at 16170 Main St. Units E & F, Lower Lake, CA 95457 and authorize the Chair to sign.

In August of 2021, The Board of Supervisors approved Resolution No. 2021-109, authorizing entering into a funding agreement with State Water Resources Control Board (SWRCB) for the Drought Resiliency Project, however, in order to streamline the drought relief funding process SWRCB has assigned the application to the State Department of Water Resources (DWR) and has now been renamed as the North Lakeport CSA #21 Water Supply Improvement Project. The Department of Water Resources has issued a funding commitment letter for the upsizing and modification of existing infrastructure and installation of a new well to meet urgent drought needs. Prior to entering into a funding agreement an authorizing resolution must be approved by the Board and submitted to the State Department of Water Resources.

Adopt Resolution Authorizing Entering Into a Funding Agreement with the State Department of Water Resources and Authorizing and Designating Lake County Special Districts Administrator to sign on the behalf of CSA-21, North Lakeport Water, all Grant Related Documents for the North Lakeport CSA #21 Water Supply Improvement Project.

In June Chair Crandell sent HR general flyer presented by Rural County Representatives of California (RCRC) on Golden State Finance Authority (GSFA) new Homebuyer Assistance Program. GSFA would like the share the presentation with the Board which will be presented as a virtual lunch and learn presentation for Lake County Employees on August 11, 2022 at noon. RCRC and GSFA are pleased to present the "Assist-to-Own" program exclusively available to County of Lake employees. GSFA has helped more than 84,400 people purchase homes and provided over $647.3 million in down payment assistance. The rising cost of housing can create significant barriers for county employees wishing to live in or near the community in which they work. To help reduce these barriers and strengthen the local government workforce, GSFA's new "Assist-to-Own" Program offers homebuyers assistance to Lake County employees. Program Highlights include: * Down Payment Assistance, up to 5.5% of the Total Mortgage Loan. * Available with purchase of a primary residence. * Variety of Mortgage Loan options (FHA, VA, USDA and Conventional Mortgage Loans). * No first-time homebuyer requirement to qualify. * Flexible guidelines: Minimum FICO 640; Maximum debt to income 50%. * Flexible income limits, up to moderate income levels; no income limits for FHA and VA. The down payment assistance is provided in the form of a deferred Second Mortgage, sized at 3.5% of the First Mortgage Loan amount. The Second Mortgage has a zero percent interest rate, which means no interest is accrued on the Second Mortgage and no monthly payments are required. The Second Mortgage is due and payable upon sale or refinance of the First Mortgage or at the end of the 30-year Mortgage Term.

As your Board is aware, on the morning of April 14, 2022, Lake County's District 4 Supervisor, Tina Scott, announced her intent to resign from her office, effective July 31, 2022. Her final Board of Supervisor's meeting was last Tuesday, July 26, 2022. California Government Code Section 25060 directs, "Whenever a vacancy occurs in a board of supervisors, the Governor shall fill the vacancy. The appointee shall hold office until the election and qualification of his or her successor." Pursuant to Government Code section 1770, this vacancy legally occurred July 31, the effective date of Supervisor Scott's resignation. After County Counsel completed her presentation and shared options related to the vacancy on July 12, 2022, your Board requested that a letter requesting the Governor to fill the vacancy be drafted for consideration on August 2, 2022. Therefore, the Letter attached here has been prepared to request Governor Newsom's urgent action to fill Lake County's District 4 vacancy for the remainder of Supervisor Scott's elective term, which expires in January 2025.

Approve the letter requesting action by Governor Gavin Newsom to fill Lake County's District 4 Supervisorial vacancy and authorize Chair to sign.

HHAP Program Background The Homeless Housing, Assistance and Prevention (HHAP) grant program was established with California's Governor Gavin Newsom's signing of Assembly Bill 101 into law in 2019. The bill, which also authorized the local establishment of low-barrier homeless navigation centers, provided noncompetitive and competitive funding to local jurisdictions and Continuums of Care for use towards solving homelessness. Funding Allocations Round 1 of HHAP funding approved in 2020 provided $445,266 and $500,000, respectively, to the County of Lake and the Lake County Continuum of Care. The bulk of funding for both entities was allocated towards the establishment of Lake County's first year-round homeless shelter and navigation center at Clearlake at the county's southeast end which experiences the greatest identified homeless concentration. Eight percent of each allocation was dedicated towards youth homelessness as required. Round 2 funding approved in 2021 provided the County and the LCCoC with $203,550 and $250,000, respectively, allocated again towards the continuing operation of the homeless shelter successfully established with HHAP Round 1. The HHAP program is on its third round of local allocations (addressed with this Board agenda item), and a fourth round is anticipated in the near future. Round 3 HHAP's NOFA dated December 2021 states the following: "HHAP Round 3 is designed to build on regional coordination developed through previous rounds of HCFC Homeless Emergency Aid Program (HEAP), HHAP, and COVID-19 funding. Round 3 funds should be used to continue to build regional coordination and a unified regional response to reduce and end homelessness informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing." The County of Lake and Lake County CoC allocations in Round 3, respectively, are $569,940 and $610,650. The required youth setaside this round is increased to ten percent, up from the required eight percent in Rounds 1 and 2. Need for Homelessness Action Plan One of the threshold requirements counties must meet to access funding under the No Place Like Home program through the Ca Department of Housing and Community Development (HCD) is to submit a plan specifying goals, strategies and activities both in process or to be initiated to reduce homelessness and make it non-recurring. Projects counties propose under NPLH must be connected to the goals and strategies counties identify in these plans. Therefore, the original Housing Plan was developed in cooperation with all local entities and individuals engaging with the targeted populations. After public review and comment the Board of Supervisors adopted that plan in August 2019. The attached Local Homelessness Action Plan for both the County of Lake and the Lake County Continuum of Care builds upon the original NPLH Housing Plan and is designed to meet both the regulatory requirements and the intent of the NPLH program along with the expanded requirements of the Homeless Housing, Assistance and Prevention Grant Program (HHAP). Local and tribal governments and Continuums of Care may access noncompetitive and/or competitive HHAP funding allocations through the CA Interagency Council on Homelessness (Cal ICH). The plan must be adopted by the Lake County Board of Supervisors and the Lake County Continuum of Care (CoC), respectively, as part of its applications for its noncompetitive allocations currently available. This plan in draft form had been posted on the CoC website prior to both the CoC meeting and the Board of Supervisors scheduled meetings for public review and comment. The county CoC adopted this plan and approved its HHAP-3 application for submittal at its regular meeting on June 2, 2022. The state's Health and Safety Code requires that this Homelessness Action Plan include three components: 1. A local landscape analysis that assesses the current number of homeless along with existing programs and funding addressing homelessness within the jurisdiction; 2. Demographic information for the homeless, including underserved populations and subpopulations, and type of provided interventions; and 3. Identification of funds being used or planned for use to provide housing and homelessness-related services, those funded intervention types, and how they are serving identified subpopulations. Those components are addressed in this plan. This document also includes information from and incorporates by reference other locally adopted documents that deal with homelessness and its prevention. These documents include the Lake County Housing Element of the General Plan adopted June 16, 2020 by the Board of Supervisors, the 2020 Lake County Continuum of Care Strategic Plan, its 2021 Community Survey which gathered information on desired services, and the 2021 Gap Analysis. The 2020 City of Lakeport Housing Element and the 2019 City of Clearlake Housing Element were also reviewed and are incorporated by reference as well. Further, this Action Plan contains information that can satisfy the requirements of other homelessness assistance and prevention programs offered through HCD, the U.S. Department of Housing and Urban Development (HUD) and other governmental agencies and private entities. It is the intent of this plan to facilitate the provision of projects and programs within Lake County that will benefit its homeless and at-risk residents. The provided information also may serve as the starting point for other entities, particularly nonprofit groups working with special needs groups such as veterans, disabled and youth, to launch further detailed, targeted needs assessments that can result in new and successful funding pursuits and subsequent projects. Eligible Activities HHAP funding may be utilized towards a variety of programs and projects supporting the ending of homelessness. These uses may include the following: * Rapid rehousing * Operating subsidies for eligible programs and projects * Street outreach * Services coordination * Systems support * Delivery of permanent housing * Prevention and diversion * Interim sheltering (new and existing) * Shelter improvements to lower barriers and increase privacy At least ten percent of the county's allocation must be utilized for programs and/or projects benefitting eligible unaccompanied homeless youth ages 12 through 24. The county will also retain the seven percent permitted for general grant program administration. Collier Avenue Project The Board of Supervisors in August 2019, after soliciting public comment, adopted its No Place Like Home Housing Plan which prioritized several urgent affordable housing needs. Subsequently the county submitted to HCD in early 2022 a noncompetitive allocation application and a competitive funding application, respectively, for a long-planned permanent supportive multifamily housing project for the chronically homeless mentally ill to be developed and managed in Nice by the Rural Communities Housing Development Corporation (RCHDC), a Mendocino County-based nonprofit developer that already has several Lake County projects. Subsequently the Board in June 2022 also adopted the Permanent Local Housing Allocation Five-Year Housing Plan and awarded its PLHA Years One and Two allocations totaling $602,469 to this project, currently known as the Collier Avenue project. This HHAP-3 application proposes to commit an additional $473,050.13 (every penny counts) towards the Collier Avenue project, an eligible permanent supportive and service-enriched housing project. Youth Set Aside The HHAP regulations for Round 3 require a minimum ten percent be reserved for unaccompanied youth ages 12 through 24 experiencing homelessness. Therefore the county proposes to release $56,995 for continuing operations of existing homeless youth transitional housing with supportive services. A formal Request for Proposals will be issued before the award of these funds to local programs and/or projects.

Approve the County of Lake Homeless Housing, Assistance, and Prevention (HHAP) Round 3 application for $569,940, including a Local Homelessness Action Plan.

Resource Conservation District: 1 (one) Vacancy James Bridges - Re-Appointment

Appoint qualified applicants to the specified advisory board.

On July 28, 2022, the Planning Commission voted 3-0 to approve the Bottle Rock Farm FJA Trust Cannabis Project. Based on zoning ordinance Chapter 21, Article 51, Section 51.4 (a). It states: "The Review Authority may only approve or conditionally approve a major use permit if all of the following findings are made:" #6 of this section states: "That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis." The violations that still remain on the project property, including within the project scope, as stated by Community Development and Code Enforcement during the public hearing were the following: - cannabis plants in the ground prior to obtaining appropriate county permit - unresolved grading issues - unresolved issues regarding unpermitted buildings on the property

Approve submitting the application to appeal Bottle Rock Farm FJA Trust Cannabis Project