Board Of Supervisors — Tuesday, August 23, 2022

The California Department of Forestry and Fire Protection found that its aerial and group surveys in Napa and Lake County revealed widespread conifer mortality leaving trees vulnerable to insect attacks and fire damage. On March 28, 2022, Governor Newsom issued Executive Order No. 7-77, that states the ongoing drought will have significant immediate impacts on communities. In response, the Lake County Risk Reduction Authority created the Lake County Tree Mortality Task Force established to investigate and address the extensive tree mortality in the County caused primarily by wildfire, drought and insect damage. The Lake County Tree Mortality Task Force members have attended several presentations from individuals with considerable expertise in both entomology and tree mortality, including Forest Advisor Dr. Michael Jones, an entomologist from University of California Cooperative. The overriding message was that failure to actively address tree mortality could result in the potential loss or degradation of forest habitats and associated ecological impacts, including the impact of wildlife, water and soil. And as such, create dangerous wildfire conditions that also threaten the safety of persons and property and will likely extend beyond the capacity of public safety services, personnel, equipment, and facilities of this County. This Resolution requests the following actions from Governor Newsom; 1) Proclaim a State of Emergency in Lake County and other afflicted areas of the State, 2) Seek designation of tree mortality areas within Lake County and other afflicted areas of the State under Section 8204 of the Agriculture Act of 2014 and seek additional Federal program support; and 3) Request a Presidential Declaration of Emergency or Major Disaster for this emergency.

Approve Continuation of Proclamation of the Existence of a Local Emergency Due to Pervasive Tree Mortality

As your Board is aware, Stephen L. Carter, Jr., was recently promoted to Assistant County Administrative Officer, and will be broadening his skillset and contributions to meet urgent County needs. The Administrative Office is requesting approval to send Mr. Carter to a training entitled "Municipal Engineering Fundamentals for Non-Engineers." The course is designed for city and county officials to learn basic engineering concepts and methods used to design, construct, operate and maintain municipal infrastructure. Topics covered will include water supply systems, water distribution and treatment, sanitary sewerage systems, and stormwater draining and control systems. Following an exhaustive search, Madison, Wisconsin, was the only location where this training was available in a sufficiently discrete form to facilitate participation by Mr. Carter. Therefore, pursuant to 1.3, D, of the County of Lake Travel Policy, we request your Board approve travel exceeding 1,500 miles, to facilitate Mr. Carter accessing this valuable training.

Approve travel of more than 1,500 miles for Stephen Carter, Assistant County Administrative Officer, to attend Municipal Engineering Fundamentals for Non-Engineers in Madison, Wisconsin from November 15-16, 2022

As you will vividly recall, on Tuesday, February 23, 2021, residents from Lake County's richly diverse communities watched as your Board unanimously proclaimed, "Promoting Tolerance, Respect, Equity and Inclusion," as among your utmost priorities: https://www.youtube.com/watch?v=KnmnWM70JFI In the time since, community members and leaders from the County of Lake, Cities of Lakeport and Clearlake and Tribal governments that resonated with your Board's Proclamation have volunteered to be a part of this historic effort, serving on the Countywide Community Visioning Forum Planning Committee. Supervisors Crandell and Scott have been invaluable contributors and leaders in this group. Attached here, for your reference, is a Memorandum of Understanding describing a Cost-Sharing Agreement for professional facilitation of a series of public Community Visioning Forums, to take place starting in late 2022. From the first Community Visioning Forum Planning Committee meeting, it was acknowledged professional facilitation of the Forums would carry a cost, and Committee representatives from the Cities of Clearlake and Lakeport (who also contributed to development of the Request for Qualifications document and Consultant Selection process) voiced conceptual support for sharing costs. A population-based distribution was proposed. The City of Lakeport approved this Cost-Sharing Agreement Tuesday, March 1, and the City of Clearlake likewise approved it during their Thursday, March 17, meeting. Your Board approved an Agreement for facilitation services with Nicole Anderson and Associates Consulting, LLC, Tuesday, March 15, and you were likewise made aware of this Cost-Sharing Agreement at that time. However, that item did not include action to approve the MOU. We are grateful to the Cities for their partnership in this important effort.

Approve Memorandum of Understanding Describing a Population-Based Cost-Sharing Agreement Between the County of Lake, City of Clearlake and City of Lakeport for Facilitation of Community Visioning Forums Promoting Tolerance, Respect, Equity and Inclusion in Lake County, Led by Nicole Anderson and Associates, LLC and authorize the Chair to sign

Lake County Behavioral Health Services issued a Request for Proposals for Substance Use Disorder Treatment services, see attached item. This includes ASAM level 3.1 services, which are residential perinatal services (ASAM level 3.1). Redwood Community Services was one of two entities that submitted a proposal in response to the RFP for ASAM level 3.1. This contract reflects one year of funding for RCS Tule House to secure the option for placement in an in-County facility and is a critical need for our community.

Approve Agreement between County of Lake and Redwood Community Services, Inc. for the Tule House (SUD) Perinatal Residential Services in the Amount of $31,000.00 for FY 2022-23 and Authorize the Board Chair to Sign.

World Wide Healing Hands was awarded a contract for services related to Emergency Services and Rapid Rehousing grant funds through the Lake County Continuum of Care. This Amendment extends the term of the contract by a year, in accordance with the provisions of the grant from which they receive funding.

Approve Amendment No. 2 to the Agreement Between the County of Lake - Lake County Behavioral Health Services as Lead Agency for the Lake County Continuum of Care and World Wide Healing Hands for Fiscal Years 2021-22, 2022-23, and 2023-24 and Authorize the Board Chair to Sign.

North Valley Behavioral Health provides residential treatment services for people experiencing a mental health crisis, those with severe and persistent mental health needs, and those needing competency restoration services. This final amendment to the Agreement increases the total dollar amount of the contract by $13,130.00. Please see attached item providing detailed utilization data for both of the NVBH facilities with whom LCBHS is contracted.

Approve Amendment No. 2 to the Agreement Between County of Lake and North Valley Behavioral Health, LLC for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Inpatient Psychiatric Hospitalization for Fiscal Year 2021-22 in the Amount of $853,130.00 and Authorize the Board Chair to Sign.

Lake County Behavioral Health Services conducted the annual Mental Health Services Act (MHSA) Program review for the current MHSA Three Year Plan of 2020-21, 2021-22, and 2022-23. This plan identifies peer support centers as a significant component of Lake County's MHSA Plan. Lake County Behavioral Health operates five peer support centers around the lake, the contract now before your Board represents one of these five and is the only peer support center which is not operated directly by the County. Redwood Community Services has operated the TAY Peer Support Center, The Harbor, since 2012. As this program is tied into the three year plan, which involves robust stakeholder engagement and feedback, LCBHS is obligated to continue the Family Stabilization program operated by Redwood Community Services, Inc. to be in alignment with the MHSA plan. See the current MHSA plan here: http://www.lakecountyca.gov/Assets/Departments/Mental+Health_AODS/docs/MH/Updates/MHSA+Annual+Update+FY21-22.pdf Because of this, LCBHS did not issue a Request for Proposals for this or any other MHSA program service. LCBHS plans to issue RFPs for services identified in the next three year plan cycle, beginning FY 2023-24.

Approve Agreement Between County of Lake and Redwood Community Services, Inc. for the Mental Health Services Act (MHSA) Transitional Age Youth (TAY) Drop-In Center and Peer Support Services for Fiscal Year 2022-23 in the Amount of $202,000.00 and Authorize the Board Chair to Sign.

Assembly Bill 361 was enacted on September 16, 2021. Assembly Bill 361 authorizes the County to use teleconferencing for public meetings without following certain requirements of the Brown Act. Assembly Bill 361 essentially continues, with some limitations, the ability of local governments to meet virtually during a state- proclaimed State of Emergency as local governments have been authorized to do pursuant to Executive Orders of the Governor. On September 28, 2021, your Board adopted the attached Resolution whereby you made findings authorizing teleconferenced meetings to continue. Every 30 days during the proclaimed State of Emergency and/or the period during which state or local officials have imposed or recommended social distancing measures, the legislative body acting under the teleconference exemptions must make findings as to whether the circumstances explained above still apply. The legislative body must find that it reconsidered the circumstances of the State of Emergency and that one of the following circumstances exist: - The emergency continues to directly impact the ability of members to safety meet in person; OR - State or local officials continue to impose or recommend measures to propose social distancing." (Gov. Code sec. 54953(e)(3).) Your Board may make those findings by motion and continue to allow teleconferenced meetings pursuant to AB 361 and the Resolution previously adopted. If your Board cannot make these findings by majority vote, then it will no longer be exempt from the physical public access, quorum, and public comment opportunity rules applied to teleconferenced meetings under subsection 54953(b)(3).

Approve Continuation of Resolution Authorizing Teleconfered Meetings during a State of Emergency Continue to Exist

(include fiscal and staffing impact narrative): The declaration was declared on March 9, 2020, by then Public Health Officer Gary Pace, due to the introduction of COVID-19 into the County of Lake. California Health and Safety Code Section 101080 provides authority for the Health Officer to issue a declaration of local health emergency. The authority to discontinue the local health emergency rests with your Board. As your Board is aware, the local health emergencies for all of the wildfire disasters since 2015 have continued well beyond the threat of the immediate disaster. The emergencies are continued during the months following to enable the County's claiming of disaster costs to FEMA and to CalOES, as applicable. County Disaster Finance staff have not been able to get a definitive answer from FEMA regarding the impacts of discontinuing the local health emergency and recommends that as long as we continue to incur and claim costs relating to COVID, that the local health emergency remain active. There are no COVID-related local restrictions associated with the local health emergency, so while the declaration can remain in place to ensure recovery of associated costs, there is no impact on the public by having it continue. Finally, in checking with other counties regarding their comparable declarations, the vast majority responding indicated they are continuing their local health emergencies for the reasons described herein and in fact, many have tied their local health emergencies to the State of California, meaning that when the State terminates its local health emergency, the counties will follow suit.

Approve Continuation of a Local Health Emergency Related to the 2019 Coronavirus (COVID-19) as Proclaimed by the Lake County Public Health Officer.

(include fiscal and staffing impact narrative): Staff requests the Board of Supervisors adopt the Resolution ratifying the declaration of a local health emergency declared by Gary Pace, M.D., Lake County Health Officer. This declaration was declared on September 9, 2020, due to the LNU Complex Wildfire in the County of Lake. California Health and Safety Code section 101080 provides authority for the Health Officer to issue a declaration of local health emergency.

Approve the Continuation of a Local Health Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transport, and Disposal of Fire Debris for the LNU Complex Wildfire.

Staff submits for your Board's consideration updates to the COVID-19 Emergency Worksite Protocol including: 1. Updated the definition of close contact from prolonged contact with the affected person within 6 feet or greater for 15 minutes in a 24 hour period to someone sharing the same indoor airspace, e.g., home, clinic waiting room, airplane etc., for a cumulative total of 15 minutes or more over a 24-hour period during an infected person's (laboratory-confirmed or a clinical diagnosis) Infectious period. 2. Added health care employee vaccination requirements which require all workers who provide health services to be fully vaccinated and boosted. 3. Added guidelines for unvaccinated or incompletely vaccinated employees who work in high risk settings who are exposed to someone with covid-19 to require work exclusion and quarantine. 4. Updated the isolation and quarantine guidelines for employees not working in high risk settings, which eliminates the requirement to exclude unvaccinated employees with no symptoms who are exposed to someone with COVID-19 home to quarantine. New close contact guidelines for employees who are exposed to someone with covid-19, and do not have covid-19 symptoms - no quarantine required > Employees must wear face coverings for a total of 10 days after exposure. > Must test within three to five days after their last close contact. > Persons infected within the prior 90 days do not need to be tested or excluded from work unless symptoms develop. > If an exposed employee develops symptoms, they must be excluded pending the results of a test. > If an exposed employee tests positive for COVID- 19, they must follow the isolation requirements. 5. Updated close contact guidelines for employees who are exposed to someone with covid-19, and have covid-19 symptoms to work exclusion with isolation required. > Employees must be excluded from work and test as soon as possible. Exclusion must continue until test results are obtained. > If the employee is unable to test or choosing not to test, exclusion must continue for 10 days. > If the employee tests negative and returns to work earlier than 10 days after the close contact, employee must wear a face covering for 10 days. > CDPH recommends continuing exclusion and retesting in 1-2 days if testing negative with an antigen test, particularly if tested during the first 1-2 days of symptoms. > For symptomatic employees who have tested positive within the previous 90 days, using an antigen test is preferred. 6. Changed Employees Working in the field to best practice guidelines which provides guidance but are no longer required and added masking and hand sanitizer to guidelines. Best Practice Guidelines for Employees Working in the Field > Call ahead to determine if the individual(s) to be contacted has COVID and/or to verify if they are currently symptomatic e.g. temperature over 100 degrees, difficulty breathing, sore throat, new or worsening cough, muscle pain, headache, chills, and new loss of taste or smell. * If YES, reschedule after a 10 day period has passed, and restart this process when the new date is imminent. OR, if rescheduling is not possible due to program mandates, consult with supervision. * If NO, proceed with the face to face meeting utilizing all safety measures outlined in this protocol to the fullest extent. > Keep N95 masks in vehicle to wear during meetings, home inspections, or client home meetings for additional protection. > Keep hand sanitizer in vehicle and use frequently throughout the day. 7. Deleted paper handling guidelines that are no longer required.

Approve amendment to the County of Lake COVID-19 Public Health Emergency Worksite Protocol and direct staff to continue to return with future amendments to the protocol on an as-needed basis.

See attached proclamation.

Approve Continuation of a Local Emergency due to COVID-19.

(include fiscal and staffing impact narrative): Lake County Sheriff, Brian L. Martin, in his capacity as Director of Emergency Services, has declared a State of Emergency in Lake County, in response to conditions of extreme peril to the safety of persons and property resulting from fires related to the LNU Lightning Complex. The Morgan Fire, which began on the 18th day of August, 2020, has already prompted evacuation of portions of southern Lake County, and rapid changes of wind conditions have required great vigilance in light of the possible need of further evacuations. The Board of Supervisors must confirm the existence of a local emergency within seven (7) days of that date.

Approve Continuation of a local emergency by offering the attached proclamation for passage

Pursuant to Chapter 6, Article 1 of the Lake County Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when Lake County is affected by, or likely to be affected by a public calamity and the Board of Supervisors is not in session. During the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the County shall be those prescribed by state law, and by ordinance and resolutions of this County, approved by the Board of Supervisors, and by the Lake Operational Area Emergency Operations Plan, as approved by the Board of Supervisors. On April 21, 2021, the Governor of the State of California proclaimed a State of Emergency for the Counties of Sonoma and Mendocino due to extremely low reservoir levels and drought conditions. Inasmuch, Lake County water table levels are at significantly to critically low levels and are being continuously monitored. Based upon low water levels, the County may have to consider measures to address the water shortages. These measures may include taking steps to conserve water by practicing water conservation efforts, including, but not limited to repairing leaking plumbing, limiting non-essential watering, limiting car washing, filling bathtubs halfway or less, using high-efficient appliances, reducing shower times, only washing full loads of laundry, turning off water when brushing teeth or shaving, planting drought resistant landscaping and implementing other practices that reduce water consumption. Short or long-term solutions are costly; however, the County may be eligible for State or Federal assistance should the need arise to address drought issues if conditions persist. Therefore, the declaration of an emergency will allow the County to qualify for funding that has been specifically set aside for drought relief purposes. Programs within the State focus on ground water management, conservation and recapture/recycle initiatives. By declaring a local emergency, the County is taking a pro-active approach to address drought related disaster issues. In addition, with the adoption of a proclamation declaring a state of local emergency, State law requires the Board of Supervisors to review the status of the emergency at least once every 30 days.

Approve the Continuation of a Proclamation of Emergency Declaration for Drought Conditions.

Lake County currently contracts with the County of Tehama to house juvenile wards and has done so since September 22, 2017. In our previous Agreement, the base daily rate for housing was $150.00 per day. That daily rate will remain the same. This Agreement does reflect an increase of $100,000.00 per Fiscal Year of the Agreement, pro-rated to $33,000.00 for the partial first year. This increase is a result of the State's Juvenile Justice Realignment (SB 823) and the subsequent closure of the Division of Juvenile Justice (DJJ). DJJ previously housed and treated youth who have committed the most serious crimes and who are in need of the most intense programs and treatment. Those youth will now be housed and treated locally. Juvenile Justice Realignment left many counties throughout the State scrambling to find housing options, as many simply don't have the resources to establish the services, programs, facilities and staffing necessary. With the assistance of the counties that contract with them for youth housing (Lake, Siskiyou, Glenn, Plumas and Trinity) Tehama County has agreed to develop their ability to house and treat those offenders. As a result of SB 823, counties receive annual funding (Juvenile Justice Realignment Block Grant (JJRBG)) to establish housing, treatment and program options. The requested increase in this Agreement will be funded by Lake County's JJRBG allocation and will not draw on the General Fund. Also in SB 823, the State was required to develop the Office Youth and Community Restoration (OYCR). The OYCR assess the efficacy of local programs and reviews local Block Grant expenditures. Lake County contracting with Tehama County for the housing and treatment they have developed has already been approved by the OYCR as an appropriate expenditure of JJRBG funds. I would like to apologize for this Agreement being dated to take effect on April 1, 2022. The development, coordination and Board approval process for this new program has been immense for Tehama County and they have experienced numerous delays. Although they have not been receiving funding they would normally be getting from Lake County, pending a current Agreement, there have been no interruptions to service.

Approve Agreement between the County of Lake and the County of Tehama, to house Lake County Juvenile Wards for the Term of April 1, 2022 through June 30, 2024, for an amount not to exceed $250,000 in any single Fiscal Year and authorize the Chair to sign.

Earlier this year the Public Services Department solicited proposals from qualified firms to analyze opportunities and constraints of the County's parks, recreation, and trails system, including existing facilities, potential new locations, recreation programs, and trail components, and then apply all information gathered to develop a comprehensive Countywide Parks, Recreation, and Trails Master Plan. The final Plan will serve as an implementation tool and operational guide for management of county parks, recreation programs, and trails. Three proposals were received and consultant selection committee was convened in accordance with the County's consultant selection policy. The committee's recommendation is to award the project to the highest ranked firm, BluePoint Planning. Attached for the Board's consideration is an agreement for professional planning services with BluePoint.

Approve the Agreement between the County of Lake and BluePoint Planning for Countywide Parks, Recreation, and Trails Master Plan Professional Services, and authorize the Chair to sign.

The Watershed Protection District, Budget Unit 8109, has not received reimbursement from the State of California on several grant programs, and as a result, cannot perform year-end close-out due to a deficit fund balance. Today's item proposes a Resolution that will result in a series of adjustments to various funds and reserve accounts to provide the necessary interim financing. As detailed in the attached Resolution, your Board is authorized to perform this action by various sections of the Government Code, and all adjustments will be repaid upon receipt of funds from the State.

Staff recommends that the Board of Supervisors adopt the Resolution as presented.

The Sheriff's Department requests your approval of the attached Sun Ridge Systems Software Support Services Agreement for the support, maintenance and enhancement services of the County law enforcement software suite. This software is used by the entire department, including the Hill Road Jail for InCustody, warrants and financial services, Central Dispatch and Enforcement/Investigations. It is also utilized by both Probation and the District Attorney's Office as well as the Lakeport and Clearlake Police Department's. This software is essential to the operation of law enforcement services and has been in use since 2002. This contract is effective July 15, 2022 as it covers the current years' maintenance costs. Funds are budgeted in the Sheriff/Central Dispatch budget 2202/17.00

Approve the Sun Ridge Systems Software Support Services Agreement for the FY 2022/23 in the amount of $50,119 for the support of its Law Enforcement Software Suite, and authorize the Chairman to sign

The Lake County Sheriff's Department is applying for a grant available from the US Department of Justice that provides funding through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $15,004. The Sheriff's Department will use this funding for personnel to assist the Evidence Division with forensic processing and data collection services. This funding will provide the money needed for advancing technology improvements within this section of law enforcement. This work will be done by an extra help employee. The current grant has a two year grant cycle. Please authorize the Sheriff/Coroner or his designee to submit the application electronically and authorize the Chairman of the Board to sign the Grant Application and Certifications and Assurances. Each page of the grant assurances must be initialed in blue ink. Please provide a minute order authorizing the Chairman to sign. These funds will be allocated to the Sheriff/JAG budget 2221 and used to reimburse the Sheriff/Coroner budget 2201 for a 900 hour Records Technician.

(a) Approve electronic submission of the FY22 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Application in the amount of $15,004, to provide funding for an extra help employee to assist with forensic processing and data collection services; and (b) authorize the Chairman to sign all grant documents including (JAG) Certifications and Assurances.

The owner of the property located at 15826 36th Avenue in Clearlake, constructed a new single-family dwelling on top of an existing sewer mainline serving multiple properties. Instead of removing the newly built dwelling, the owner has chosen to abandon the existing sewer mainline and relocate and construct a new sewer mainline via a Mainline Extension Agreement. We have received and approved construction plans, and the owners would like to move forward with construction. Attached for your review and approval, please find the Mainline Extension Agreement contract between the County of Lake and IDC Clearlake, LLC.

(Sitting as the Lake County Sanitation Board of Directors) Approve Sewer Mainline Extension Agreement between the County of Lake and IDC Clearlake, LLC, for the installation of a sewer collection line to serve parcels 041-141-350, 041-141-080, 041-141-070, 041-141-340, 041-141-510, and 041-141-460, and authorize the Chair so sign.

The Western Region Panel (WRP) on Aquatic Nuisance Species was formed in 1997 to help limit the introduction, spread and impacts of aquatic nuisance species into the western region of North America. The WRP has held an annual meeting since 1998, rotating locations around the Western U.S. depending on votes from membership. The 2022 WRP Annual Meeting is being hosted by the Alaska Department of Fish and Game and taking place at the Hilton Anchorage Downtown in Anchorage Alaska. This year, we are kindly requesting the Board of Directors approve long distance travel for Lake County Water Resources Technician, Corey Hustead, to participate in this year's WRP Annual Meeting. As participation in this conference is not a first from Department staff, staff participation was anticipated and budgeted in FY 22-23 budget, BU 8107, Object Code 29-50. It should be noted that monies allocated for staff participation in this Annual Meeting are not to exceed $1,700.00. Registration for the 2022 WRP Annual Conference totals $0.00 and funds budgeted and to be utilized are to cover travel to and from the conference site. It is anticipated that a portion of the funds allocated for Department staff participation in WRP 2022, will be reimbursed through the Quagga / Zebra Mussel Federal grant awarded to the Department. The prevention of the introduction of aquatic invasive and nuisance species to our lake is one of the top priorities of the Department. In-person participation in the WRP Annual Meetings provides our Department the resources, tools, support and understanding to effectively combat and prevent detrimental introductions of invasive species to our water resources. The ability for staff to participate in this conference in person, also provides the opportunity for staff to gain hands-on training and strengthen relationships with our Fish and Wildlife representatives.

Approve Long Distance Travel for Lake County Water Resources Technician, Corey Hustead, to participate in the 2022 Western Regional Panel on Aquatic Nuisance Species taking place in Anchorage Alaska, September 21-23 2022

On a monthly basis, Lake County Health Services Director, Jonathan Portney, requests an opportunity to update your Board and the public on matters pertaining to health, safety, and well-being of our community. Alternate Public Health leaders may provide Public Health updates contingent upon public awareness need.

No action, report only

On July 19, 2022, the Board of Supervisors adopted Ordinance No. 3124 (Attachment 1), rescinding specified sections of the Lake County Zoning Ordinance relating to the Early Activation of Use (EA) permits for commercial cannabis cultivation. That same day, the Board adopted Resolution No. 2022-91 (Attachment 2), declaring the Board's intention to initiate an amendment to the Zoning Ordinance relating to the EA permits. Within the Resolution, the Board directed this department to present the Board's direction to the Cannabis Task Force and the Planning Commission, in order to obtain the recommendation(s) from each body. On August 1, 2022, the Cannabis Ordinance Task Force met to discuss recommendations on specified sections of the Lake County Zoning Ordinance relating to Early Activation of Use. There was consensus in the Task Force to recommend the following to the Board of Supervisors: * Rescind the Early Activation of Use Permit text from the Zoning Ordinance, as it pertains to cannabis; and * Establish a mechanism that allows cannabis permit applicants to obtain a Conditional Letter of Authorization and Compliance from the County of Lake that would enable them to pursue both County and State License(s) simultaneously, with no cultivation allowed until approval from both jurisdictions takes place. On August 11, 2022, the Planning Commission agreed with the recommendations of the Cannabis Task Force, with a slight change to the second recommendation; that the letter would not be a Letter of Authorization, but rather a Letter of Confirmation, for additional clarity regarding not authorizing cultivation until the permit is approved. The Planning Commission approved the following recommendations to the Board of Supervisors: * Rescind the Early Activation of Use Permit text from the Zoning Ordinance, as it pertains to cannabis; and * Establish a mechanism that allows cannabis permit applicants to obtain a Letter of Confirmation from the County of Lake, that would enable them to pursue both County and State License(s) simultaneously, with no cultivation allowed until approval from both jurisdictions takes place.

Staff recommends the Board consider the recommendations from the Cannabis Task Force and Planning Commission, and direct staff to prepare a draft Ordinance amending the Zoning Code regarding Early Activation of Use land use permits.

Pursuant to LCC Chapter 13-42, at the time and place fixed in the notice, the Board shall hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the Board may make such modifications and revisions of the proposed account and assessment as it deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part or as modified and revised. The determination of the Board as to all matters contained therein shall be final and conclusive. Property Description: Property Owner: Care of Kyle Gates - Administrator Property Address: 725 Bass Lane Clearlake Oaks, CA APN: 035-843-29 Zoning: R1-O-FF-WW Improvement: Vacant lot (structure incurred fire damage) Supervisorial District: District 3

Exhibit A - Map Exhibit B - Site Photos Exhibit C - Task Sheet Facts: On March 30, 2022, the structure was involved in a fire, resulting in the deaths of the property owners. The second story of the structure had an outside wall that was not being properly supported and leaning with potential to fall creating a dangerous and safety situation for the neighboring structure and its occupants. Due to the immediacy of the situation a request was made for a summary abatement. Code Enforcement was able to locate a next of kin, Kyle Bass (Bass). Bass was experiencing issues with the insurance company and another party of no relation also with an interest in the estate (the property) of the deceased. On June 12, 2021, the summary abatement was granted and a notice was issued against the property for violation of the following Lake County Codes: * Chapter 13, Section 13-3, Subsection e (4) any condition dangerous to human life, unsafe, or detrimental to the public health or safety. Code Enforcement requested quotes from those contractors registered with the County. One quote was received from Leonard's Hauling and Tractor Service for $1,500.00. On June 14, 2021, the dwelling was removed and the property was returned to a safe condition. A "Notice of Assessment" has been posted on/at the subject property and sent by mail to the owner(s) address of record. The cost of abatement services are $1,530.98. The administrative costs on this case amounted to $580.72, for a total amount of $2,111.70.

Staff recommends the Board of Supervisors confirm the assessment of $2,111.70, and direct staff to Record a Notice of Lien against the property.

Every year, LCBHS goes through a robust stakeholder review and feedback process, which includes program reporting, to identify any changes that are indicated for the MHSA Three Year Plan. The attached update includes all of the MHSA program data for the past year and makes some minor modifications to the plan.

Adopt Resolution Accepting Lake County Behavioral Health Services Mental Health Services Act Annual Update for Fiscal Year 2022-23 and Approval of Modifications to the Three Year Plan Spanning 2020-21, 2021-22, and 2022-23.

On July 28, 2022, the Planning Commission approved Major Use Permit (UP 19-42) for Bottle Rock Farms FJA. On August 2, 2022, Supervisor Sabatier submitted a request to the Board of Supervisors to appeal the approval of the Planning Commission. The Board discussed the merits of appealing the project, including but not limited to whether the site was in violation of County Ordinance, and voted to file the appeal. I. BACKGROUND The Appellant is appealing the Planning Commission's approval of a Major Use Permit (UP 19-42) to permit a commercial cannabis cultivation use permit, and mitigated negative declaration of the following uses located at 9900 and 10030 Bottle Rock Road, Kelseyville (APNs 011-057-22 and 011-057-23): * North Parcel (9900 Bottle Rock Road): 87,120 square feet mature cannabis canopy area within a 93,000 square feet cultivation area. The proposed improvements on this parcel includes compost pile, waste area, employee parking spaces, 3,000 square feet temporary structures to hold 1,000 square feet of immature plants (include walkways and preparation area), stormproof shed, 3,000 gallon fire suppression water tank, ADA parking space, and 4,750 square feet processing building powered by solar. * South Parcel (10030 Bottle Rock Road): 87,120 square feet mature cannabis canopy area within a 92,500 square feet cultivation area. The proposed improvements on this parcel includes compost pile, waste area, stormproof shed, employee parking spaces, six (6) 5,000 gallon water storage tanks, and portable toilets. The �87.59-acre project site is located on Bottle Rock Road in Kelseyville. According to the project descriptions submitted with the application and the Property Management Plan, onsite power would be supplied by solar power until a new electrical service is installed through PG&E. Solar power would be used to power all ancillary electric equipment which includes a processing building, well pump, security cameras, and security lights. Cannabis would be cultivated outdoors with no supplemental lighting. A solar system would be installed on the proposed processing building to power the operations at 9900 Bottle Rock Road and a solar system would be installed on the residence to power the operations at 10030 Bottle Rock Road. Backup generators would be used for emergency outages only. According to the Site Management Plan and Water Use/Water Availability Study, the proposed project would require two (2) full-time managers as well as six (6) part-time employees, and cultivation operation will be operated by three people, typically, per day. Operations would occur up to seven (7) days per week with cultivation operations occurring approximately from March to November every year. Hours of operation for the proposed activities would typically be between 7:00 AM and 5:00 AM daily. The Lake County Zoning Ordinance restricts deliveries and pickups to 9:00 AM-7:00 PM Monday through Saturday and Sunday from 12:00 PM to 5:00 PM. A Major Use Permit is required for this project pursuant to compliance with the General Plan, the Shoreline Community Area Plan, and Articles 7, 27(at), and 51.4 of the Lake County Zoning Ordinance. PROJECT AND EARLY ACTIVATION OF USE PERMIT MORATORIUM TIMELINE May 25, 2020 Early Activation (EA) granted May 21, 2021 2nd Early Activation granted July 27, 2021 Board of Supervisors enacted moratorium on Early Activation August 31,2021 Moratorium on Early Activation Permits extended April 28, 2022 Project heard and continued by Planning Commission to June 23 2022 June 23, 2022 Project continued by Planning Commission at Staff's request in order to complete AB 52 consultation requirements. July 27, 2022 Site visited by Planning Staff as part of AB 52 consultation, where it was observed that cannabis plants were being cultivated July 28, 2022 Project heard and approved by the Planning Commission. August 2, 2022 Planning Commission approval appealed by the Board of Supervisors Project Description Applicant: Bottle Rock Farms FJA Trust Owner: Bottle Rock Farms FJA Trust Location: 9900 and 10030 Bottle Rock Road, Kelseyville, CA 95451 APNs: 011-057-22 and 011-057-23 Parcel Size: 45.2 acres & 42.39 acres =87.59 total combined acres General Plan: Rural Lands Zoning: RL "Rural Lands" B5 "Special Lot Density Combining District" SC "Scenic Combining" RL-B5(5ac)-SC Flood Zone: "D" Areas of undetermined, but possible, flooding Surrounding Zoning and Land Use: North: "RL" Rural Lands South: "O" Open Space East: "RL" Rural Lands West: "RL" Rural Lands. II. APPEAL DISCUSION 1. Article 51.4, Major Use Permits, Findings Required for Approval The Planning Commission's decision was based on making the following required findings: 1. That the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. Response: Commercial Cannabis Cultivation Operation is a permitted use in the "RL" Rural Lands Zoning District upon issuance of a Major Use Permit pursuant to Article 27 of the Lake County Zoning Ordinance. Prior to the applicant constructing any type of structure(s), the applicant shall obtain the necessary permits from the appropriate Federal, State and/or Local government agencies. The environmental analysis determined that the use would not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood as all potential impacts have been reduced to less than significant with the incorporated mitigation measures and Conditions of Approval. Potential impacts identified relate to air quality, biological resources, cultural/tribal/ geologic resources, noise and wildfire. Additionally, the Community Development Department would conduct Annual Compliance Monitoring Inspections during the cultivation season to ensure compliance with the approved Property Management Plan and Conditions of Approval, as discussed in detail in the planning commission report dated July 28, 2022. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. Response: The proposal consists of 174,240 square feet of the outdoor canopy within a 190,250 square feet of cultivation area. The allowable canopy area is based on the limitations of size, shape, location and physical characteristics of the site topography. The project scope adequately meets this requirements. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. Response: The site is accessed through Bottle Rock Road, a county-maintained road, the road is adequate to safely accommodate the specific proposed use. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. Response: The proposed project includes a portable toilet and handwashing station for employees and will propose permanent facilities for sewage disposal within the processing building. The water supply for the project will be provided by an existing permitted well used for irrigation. A request for review was circulated on April 24, 2020, Kelseyville Fire Protection District and the California Fire and Forestry commented on compliance. The applicant project scope includes compliance with the fire safety standard which includes on-site water storage for fire protection per NFPA 1142, driveway standards for emergency vehicle ingress, and egress. The applicant will comply with the 2019 California Fire Code (CFC) with Amendments adopted by the Kelseyville Fire Protection District. Lake County Sheriff Department commented and determined that the security measures are adequate for the project. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. Response: The cultivation of commercial cannabis is a permitted use within the Rural Land zoning district upon securing a Major Use Permit according to Article 27 of the Lake County Zoning Ordinance. Additionally, the Lake County General Plan does not have any provisions specifically for commercial cannabis, but both the General Plan and the Kelseyville Area Plan have provisions for economic development and agricultural resources land use compatibility. Additionally, the subject property complies with the minimum setbacks and development standards. 6. 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. Response: Staff had included a recommendation of approval in the staff report to the Planning Commission. However, due to the observation of active cultivation of cannabis plants and trenching for the installation of irrigation, both violations of the Zoning and Grading Ordinance, Staff was no longer able to recommend approval. Recommendations of continuance or denial were given to the Commission. The Planning Commission found that there are no violations of Chapter 5-Building Regulations, Chapter 17 Subdivision Regulations, Chapter 21-Zoning Ordinance, Chapter 23-Clear Lake Shoreline, or Chapter 26-Clear Lake Integrated Aquatic Plant Management Program Ordinance of the Lake County Code on this property. III. CONCLUSION Staff originally recommended approval of the Project. However, after observing existing Code violations of active cultivation without a permit, and grading/trenching for irrigation infrastructure, Staff had no option but to recommend denial or continuance of the project permit to the Planning Commission. The Commission approved the Project.

Staff's recommendation to the Board is that they consider the Appeal, and direct staff if needed. If the Board chooses to deny the appeal, the decision of the Planning Commission stands. Should the Board choose to grant the appeal, they may uphold the appeal in concept, and direct staff to return with Findings of Fact. Sample Motions: Appeal Denial I move that the Board of Supervisors deny the Appeal AB 22-05, confirming the decision of the Planning Commission, to approve Major Use Permit (UP 19-42) applied for by Bottle Rock Farms FJA Trust on a property located at 9900 and 10030 Bottle Rock Road, Kelseyville, CA, further described as APNs: 011-057-22 and 011-057-23. Appeal Approval I move that the Board of Supervisors intend to approve the appeal of Major Use Permit (UP 19-42) applied for by Bottle Rock Farms FJA Trust on a property located at 9900 and 10030 Bottle Rock Road, Kelseyville, CA, further described as APNs: 011-057-22 and 011-057-23 and direct Staff to return with Findings of Fact to support approving the appeal.

Last month the Pacific Gas & Electric Company (PG&E) contacted the County Office of Emergency Services and the Public Services Department with a proposal to enter into an agreement which would allow PG&E the right to provide an outdoor customer resource center site at Lucerne Harbor Park during Public Safety Power Shutoff (PSPS) events in the northshore area of Clear Lake. A resource center is a tented location with tables and seating where community members can get light snacks and water, charge electronic devices, and receive up-to-date information on outages during a power shutoff. PG&E will make the center available to the public between 8am and 10pm, and the area will be staffed and secured 24 hours a day. The duration of use will vary dependent upon the PSPS event, with anticipation of between two to ten days at a time. PG&E will have the right to use the portion of the park depicted on the map in Exhibit A of the proposed agreement, and will pay the County a daily rate of $200 for each day on site. County facilities have been used by PG&E for resource centers in the past. This proposed new license agreement is a planning tool to establish ahead of time the location, terms and conditions of use, in advance of a PSPS. PG&E's right to use the area does, however, limit the public's ability to use a portion of the park during a PSPS. Representatives from OES, Public Services, and PG&E will be available to answer any questions.

Approve the License Agreement between the County of Lake and PG&E for the temporary use of a portion of Lucerne Harbor Park as a Community Resource Center in the event of a Public Safety Power Shutoff

Elijah House has submitted a letter to the Board of Supervisors that it will no longer be operating the Elijah House Emergency Shelter in North Lakeport after September 4, 2022. Behavioral Health has had many conversations in hopes of finding a new tenant to continue the necessary services; provide assistance and shelter to those that are experiencing homelessness. Unfortunately, no such tenant has been found. The issue is mostly financial. Elijah House has been providing these services to our community using state and federal funds, mostly related to COVID emergency funding. Currently, those funds have been depleted, and more funding to provide assistance to those experiencing homelessness have not been made available yet, even though the Governor's budget that was approved has $10.2 billion for homelessness resources in 2022-23. We find ourselves in a gap. Funding will be made available in the near future to allow for the continued function of the old Juvenile Hall as a shelter for those experiencing homelessness. However, services at the old Juvenile Hall are about to end. According to Elijah House, it cost approximately $65,000 - $70,000 per month to pay all the bills, their staff, and pay for all ancillary related services or equipment for the facility to be open and for their program to run smoothly. I wanted to bring this to the Board of Supervisors to discuss the situation at the old Juvenile Hall prior to the services ending to see if there were options for us to take as so far, without funding there are no options available.

Discuss and direct staff.

I was approached by David Santos, formerly the CEO of Adventist Health Clear Lake, about utilizing the Behavioral Health Continuum Infrastructure Program Round 4 Grant to build and open up a Behavioral Health Treatment Facility for Youth in Lake County. Round 4 allows for planning and construction of such facilities. Together with a team of healthcare professionals, Santos is working towards creating a new non-profit agency, Hope Health. Hope Health will have a focus on Behavioral Health and Wellness for rural children and families filling in the healthcare gaps that currently exist for those populations. The vision is to have a 70-80 bed facility operating in Lake County to provide substance abuse programs for our youth ages 0-25 including perinatal population with mental health, substance abuse, or dual-diagnoses disorders. The grant opportunity has a deadline of August 31, 2022. However, Hope Health is working on obtaining its non-profit status, which can take some time especially from the IRS. In speaking with the state, it has stated that if the County were to be a part of the grant process that it would help the chances of obtaining the grant. The grant amount that Hope Health is hoping to obtain is between $16-21 million which also requires a 10% match. Hope Health has already procured some of that match and is still working towards meeting their goal of a maximum of $2.1 million which would add up to a total of $23.1 million towards such a facility. If the Board is interested in supporting this grant application, it has options on how it can support it. It can offer to be a lead fiscal agent in receiving the grant and administering the grant until it can pass the grant over to Hope Health once its non-profit paperwork has been approved and finalized. The Board can write a letter of support, supporting the grant application and Hope Health's efforts. However, this would require Hope Health to find another fiscal agent that the state would approve the grant for. Or, the Board can do both: agree to being the fiscal agent to begin the process with the grant and support the application with a letter of support.

Discuss and direct staff.

After the Hill fire on August 16, 2022 it became apparent, with the District 4 vacancy, there was no Supervisor responsible to oversee that emergency. Supervisor Crandell and Supervisor Pyska then conferred and agreed to share the responsibility of District 4 for emergency oversight. Supervisor Crandell will cover the Northern Region and Supervisor Pyska will cover the Southern Region of District 4 in the event of a future disaster. This will ensure that District 4 still has Supervisorial representation during emergencies until the District 4 seat is filled.

(a) Appoint Supervisor Crandell to cover the Northern Region of District 4 in the event of an emergency until the District 4 seat is filled.; and (b) Appoint Supervisor Pyska to cover the Southern Region of District 4 in the event of an emergency until the District 4 seat is filled.

Attached for your consideration is a Letter of Support for the annexation of the parcel located at 365 Highway 20, Upper Lake into the Upper Lake County Water District as part of the Meadow Point/ Upper Lake County Water District Consolidation Project. The Housing Element of the General Plan identifies the property, along with an adjoining 2-acre parcel, as Site 1 for affordable housing with a density of 160 units for the two parcels combined. Under the Density Bonus statute, that number could potentially be increased to 240 units. The Noble family has offered to pay any costs added to the Consolidation annexation project by reason of the annexation of their parcel for which funding is not otherwise available from the State.

Approve Letter of Support for the Meadow Point/ Upper Lake County Water District Consolidation Project

Lower Lakes Waterworks District: 2 (two) Vacancies. Applicants: Wesley Eugene Baker Monique Colleen Fabela Karen Bader Juli Walker Barbara Wahlborg Jean Yanich Emergency Medical Care Committee (EMCC): 1 (one) Vacancy - Community College Districts, 1 (one) Vacancy- California Highway Patrol, 3 (three) Vacancy - Fire Departments, and 1 (one) vacancy EMT Representative. Applicant: Robert Zolensky II

Appoint qualified applicants to the specified advisory board.

Your Board approved the 2022 Board of Supervisors Meeting Calendar on November 2, 2021 which included the addition of the August 30, 2022 Special Meeting. This was to prevent the Board going two weeks without meeting in the event of time sensitive items from Departments. This item is informational only to confirm the August 30, 2022 special meeting.

Information Only.