Board Of Supervisors — Tuesday, February 14, 2023

Rural County Representatives of California (RCRC) recently announced their support for Assembly Bill 297. As presently written, this proposed legislation would extend CAL FIRE's ability to offer Advance Payments of up to 25% of the total grant award amount from its Wildfire Prevention Grants program through January 1, 2034. CAL FIRE's ability to advance funds (as opposed to issuing reimbursements 90 or more days later) helps relieve financial strain associated with larger and costlier mitigation projects. Lake is one of 40 California Counties represented by RCRC, and supporting this Legislation, as currently written, is likewise consistent with your Board's Vision 2028 Commitment to, "Develop and maintain a high standard of Disaster Prevention, Preparedness and Recovery." Staff recommends your Board approve this Letter of Support.

Approve Letter of Support for Assembly Bill 297: Wildfires: Local Assistance Grant Program: Advance Payments and authorize Chair to sign.

As your Board is aware, Jenavive Herrington, was recently elected to Auditor Controller/Clerk, and will be maintaining and broadening her skillset and contributions to meet current and long-term County needs. The Auditor's Office is requesting approval to send Ms. Herrington to a training entitled "Accounting and Financial Reporting-Advanced Governmental Accounting." The course is designed for CFO/Finance Director, Controller, Accountants to learn and obtain updated information regarding specialized accounting and financial reporting used by state and local governments for selected topics through lecture, discussion, and exercises. CPE units will be earned during this training. GFOA represents the entire United States and Canada. They are headquartered in Illinois, and these valuable trainings and conferences are oftentimes held in their offices. All efforts to reduce costs will be made. 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 Ms. Herrington accessing this valuable training.

Approve Long Distance Travel for Jenavive Herrington, Auditor Controller/Clerk, to attend GFOA Advanced Governmental Accounting training in Chicago, Illinois, from March 21-23, 2023.

Staff requests to extend the contract with TruePoint Solutions for as-needed permitting software services used for the configuration, troubleshooting and upkeep of the Community Development Department's permitting software, Accela. While the additional funding will put us over $25,000 in total cost for FY22/23, Staff requests the Board consider section 2-38.2(3) of the Lake County Code which provides an exception to competitive bidding is appropriate in this instance. Due to the added cost of the time it would take for a new service provider to get up to speed with what the County needs from Accela as well as staff time updating the new service provider, starting with a new provider at this point would produce no economic benefit to the County.

Staff recommends the Board of Supervisors approve the First Amendment to the Agreement between the County of Lake and Truepoint Solutions for as needed services up to $19,965.00, and authorize the Chair to sign.

Attached for your Board's review and consideration is the above-described Agreement for services to be provided in the District Attorney's Office. This Agreement may be approved by motion with authorization for the Chair to sign.

Approve Agreement Between the County of Lake and Liebert Cassidy Whitmore for Training and Consultation Regarding Employee-Related Matters

Public Health Nurse Carol Morgan attended a training with American Psychiatric Nurses Association in Long Beach, California from October 18, 2022 to October 23, 2022. This training was essential to Carol's position and included trainings specific to psychiatric-mental health nursing. Due to a miscommunication at the department level and the timing of the Winter break, the deadline for claim submittal was missed. To avoid this issue in the future, a training has been sent to all Health Services staff explaining the county requirements on travel claims.

Approve Late Travel Expense Claim for Public Health Nurse Carol Morgan in the Amount of $339.87.

As you will recall, the Board of Supervisors approved Amendment No. 2 between the County of Lake and Management Connections to increase the total compensation to the CONTRACTOR to $75,000 on January 24, 2023. Effective January 1, 2023, the State of California increased the minimum wage by $0.50 per hour. The rate of compensation at the minimum hourly rate appearing in the agreement is being amended to add: "An Office Assistant that is paid $15.50 per hour, the cost will be $22.48 per hour."

Approve Amendment No. 3 to the Agreement Between the County of Lake and Management Connections and authorize the Chair to sign.

The Lake County Probation Department uses electronic monitoring pursuant to Court Orders to monitor the whereabouts of juveniles and adults on probation. The contract for this service is with Track Group, Inc. and has been in place since April 23, 2018. The contract amount for this service has been $25,000 per year since the Agreement went into effect. Last year, the Probation Department contracted with the Lake County Superior Court to supervise those individuals on supervised release pending trial. Often, when someone is in the pre-trial program, the Court orders the person to be monitored electronically. As part of the contract with the Superior Court, the Court reimburses Probation for this expense monthly. As a result of the pre-trial program, the number of individuals on electronic monitoring has increased dramatically, and $25,000 is no longer sufficient to cover the Department's annual cost for this service. To remain in compliance with the agreement with the Superior Court, Probation is seeking to amend the Agreement with Track Group, Inc. by extending the maximum spent annually to $75,000.

Approve Amendment One to Agreement Between the County of Lake and Track Group to provide Electronic Monitoring and Associated Services for an amount not to exceed $75,000, and authorize the Chair to sign.

On November 2, 2021, your Board approved the purchase of two (2) 3/4-ton pickup trucks for the Central Garage Fleet. After waiting many months for delivery, these purchases were ultimately cancelled by the vendor due to a lack of inventory and supply issues. Staff was given the option of re-ordering the vehicles, which we did, however we were recently advised that the State had revised pricing sheets and that the originally quoted prices for the vehicles could not be honored. Adjustments to the State contract prices are not unusual. In fact, the State allows for quarterly modifications to their contract prices in order to respond to market fluctuations and supply issues. Staff has confirmed that the vendor still has the contract with the State for these vehicles. Staff has also investigated other vehicle options, however no less-expensive alternatives are available. The revised price quotes are attached to this memorandum

Staff recommends that the Board of Supervisors approve Purchase Orders for the purchase of two (2) 3/4-ton trucks for the Central Garage Fleet, and authorize the Public Works Director/Assistant Purchasing Agent to issue purchase orders through the Statewide Bid Contract to Downtown Ford for the amounts of $54,319.38 and $47,817.23, respectively, as shown in the attached quotations

Lake County Department of Social Services (LCDSS) proposes to provide Medi-Cal Health Navigators services and activities, including Medi-Cal outreach and enrollment, pursuant to SB 154, with a focus on all of the eleven targeted populations: Persons with mental health disorder needs; Persons with substance use disorder needs; Persons with disabilities; Aged persons; Persons who are homeless; Young people of color; Persons who are in county jail, in state prison, on state parole, on county probation or under post-release community supervision; Immigrants and families with mixed immigration status; Persons with limited English Proficiency; Low-wage workers and their families, and Uninsured children and youth formerly enrolled in Medi-Cal.

Approve Allocation Agreement for the Medi-Cal Health Enrollment Navigators Project between County of Lake, Department of Social Services, and State of California, Department of Health Care Services in the amount of $126,000 for the term of October 1, 2022 through June 30, 2026, and authorize the Chair to Sign.

The University of California Davis Campus (UC Davis) provides essential training, including all related materials, for Social Services (DSS) employees. Trainings cover various topics including Civil Rights, Welfare Fraud- Prevention and Detection, Accounting and Fiscal trainings, and even Field Safety Training. Many of these courses are required in order to comply with State regulations. The trainings not required by State law provide valuable information that would not be readily available or cost effective without the UC Davis contract. Because the vast majority of trainings are held at DSS, there are no venue costs to provide, and no meal, travel, or lodging reimbursements are necessary for employees attending. Furthermore, DSS and UC Davis adapted to COVID-19 regulations and transitioned trainings into an online platform, which increased flexibility and allows more employees to attend trainings. DSS increased the contract to include up to 86 training units available for use over the 18-month Contract period. In fiscal year 21/22, LCDSS held 22 UC Davis training sessions. In July of 2022, Social Services issued a Request for Proposals (RFP) for training services, and UC Davis was the only entity to submit a bid. UC Davis has included a 7% Cost Share which provides the County with a $25,585 discount.

Approve Contract between County of Lake and The Regents of the University of California for Training Services, in the amount of $339,915 from January 1, 2023 to June 30, 2024, and authorize the Chair to sign.

During the meeting of your Board on February 14, I will be presenting a brief Brown Act "refresher" and will be reviewing with you certain changes in the law which address both teleconferenced/virtual meetings under the Brown Act as well as the removal of disruptive meeting attendees. The changes in the law will be more thoroughly addressed in my presentation but may be briefly summarized here as follows. 1. Under Assembly Bill 2449, a member of a local governmental agency such as a board of supervisors may participate remotely pursuant to the following requirements: - At least a quorum of the members of the Board must participate in person from a singular physical location identified on the agenda, which location will be open to the public and within the boundaries of the County of Lake. - A Board member may only teleconference for publicly disclosed "just cause" or in "emergency circumstances" approved by the local governmental agency. - A Board member may participate in meetings remotely only if the member notifies the Board at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for "just cause" (as defined by AB 2449), including a general description of the circumstances relating to their need to appear remotely at the given meeting; or The member requests the legislative body to allow them to participate in the meeting remotely due to "emergency circumstances" and the legislative body takes action to approve the request. The legislative body must request a general description (generally not exceeding 20 words) of the circumstances relating to their need to appear remotely at the given meeting. Assembly Bill 2449 defines "just cause" and "emergency circumstances" for the purposes of teleconferencing. "Just cause" is limited to one or more of the following: (i) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely; (ii) a contagious illness that prevents a member from attending in person; (iii) a need related to a physical or mental disability as defined by statute; or (iv) travel while on official business of the legislative body or another state or local agency. "Emergency circumstances" means a physical or family medical emergency that prevents a member from attending in person. Additionally, there are restrictions as to the number of meetings which may be attended under the "just cause" exception and there are rules which must be adhered to during any such "hybrid" meeting. 2. Under Senate Bill 1100, the Brown Act is amended to provide that the presiding member of a legislative body may have a person removed for disruption of that body's meeting. No such removal may occur unless the person is first warned that their behavior is disruptive and that if that behavior continues, they may be removed from the meeting.

Presentation only.

Staff has completed a collaborative mid-year review of the FY 2022-23 budget and associated staffing levels. The resulting recommendations are reflected in attachments hereto. The mid-year budget resolution makes necessary adjustments to selected budget units to continue funding County operations through the remainder of the fiscal year. The attached Mid-Year Budget Highlights narrative provides an overview and brief summary of the status of the County's FY 2022-23 Budget at the mid-year point, as well as describing the details of the requested budget adjustments. The Resolution establishing Fund 74, Budget Unit 7074 - John T. Klaus Park will allow for private contributions in the amount of $2,000,000 to be used for the improvement and maintenance costs of the park. County Department Heads and their fiscal staff continue to monitor expenditures closely and provide the necessary information for your Board to make budget decisions. We greatly appreciate the assistance of the Department Heads and their staff in preparing this report and presenting the recommendations herein for your Board's consideration.

(a) Adopt Resolution Amending Resolution No. 2022-118 to Amend the FY 2022-23 Adopted Budget by Adjusting Reserves, Fund Balance Carry Over, Revenues, and Appropriations. (b) Adopt Resolution Amending Resolution 2022-119 to Amend the Position Allocations for FY 2022-23 to Conform to the Mid-year Budget Adjustments. (c) Adopt Resolution Amending Adopted Budget for FY 2022-23 to Establish Fund 74-John T. Klaus Park, Budget Unit 7074-John T. Klaus Park.

After a competitive request for proposals, your Board approved an Agreement with the Sixth Amendment Center (6AC) to conduct an operational analysis of indigent defense services on August 31, 2021. Beginning in September 2021, 6AC observed approximately 170 court proceedings, involving indigent representation attorneys in the Lake County Superior Court in all critical stages of an adult trial level criminal case. In addition, 6AC also interviewed stakeholders in the judiciary, indigent defense, prosecution, and law enforcement. After receiving a draft copy of the report, staff reviewed the draft and met with 6AC over several months to clarify the methodology, data and recommendations of the report. These meetings resulted in additional court observations in November 2022. The report was published on the 6AC website on February 1, 2023. Briefly, the findings include: 1. The State of California delegates to the Lake County Board of Supervisors and judges of the Lake County Superior Court most of the state's constitutional obligation to provide effective assistance of counsel to indigent people at the trial court level in Lake County in all the types of cases for which the state guarantees the right to counsel. Meanwhile, the State of California has not established any means to ensure that Lake County provides to every indigent defendant an attorney who has the time, training, and resources to provide effective presentation at every critical state of a criminal or juvenile delinquency case. 2. Lake County Contracts with an informal partnership of private attorneys, known as Lake Indigent Defense ("LID"), to administer and provide the right to counsel for which the State of California is responsible under the U.S. Constitution. Although the contract provides a means by which the county can oversee the partnership's administration and provision of the right to counsel, Lake County does not do so. The county does not know, on an on-going basis, whether the right to counsel if being provided effectively, to how many and in how may cases of what types, by whom, and how much the provision of the effective right to counsel should cost. 3. As required by Lake County's contract with the LID partner attorneys, the LID partner attorneys subcontract with private attorneys, including themselves, to represent indigent defendants in the types of trial-level cases for which the State of California is responsible for providing the right to counsel under the U.S. Constitution. Although the subcontracts provide means by which the LID partner attorneys can oversee the provision of the right to counsel by all of the subcontractor attorneys do not know, on an on-going basis, whether the right to counsel is being provided effectively, to how many people and in how many cases of what types, by whom, and how much the provision of the effective right to counsel should cost. 4. Lake County's contract with the LID partner attorneys pays them a flat annual fee to administer the trial-level indigent defense system and to provide all right to counsel services for which the State of California is responsible under the U.S. Constitution, without regard to how much or how little time is necessary to provide effective assistance of counsel in all appointed cases. The LID partner attorneys' subcontractors with individual attorneys (including themselves) pay each of them a flat monthly fee to represent all people to who they are appointed by the superior court, without regard to how much of how little is necessary to provide effective assistance of counsel in all appointed cases. These flat-fee compensation methods result in a system-wide conflict of interest between each and every indigent person's interest in their constitutionally guaranteed right to effective representation and the personal financial interest of the attorney appointed to represent them, leading to the constructive denial of the right to counsel to some indigent people in Lake County. The report also included the following recommendations: 1. Lake County policymakers should advocate for the State of California to form a legislative and/or gubernatorial committee to study and made recommendations about how best to fulfill the state's Sixth and Fourteenth Amendment responsibilities to ensure that each indigent defendant who faces the possible loss of liberty in a criminal or juvenile delinquency case receives effective assistance of counsel. 2. The Lake Board of Supervisors should establish a non-partisan independent commission to oversee all aspects of indigent representation services and should fund the operations of the commission and the implementation of the methods and standards it adopts. 3. The Lake County Board of Supervisors should immediately establish and office of indigent representation services to carry out the day-to-day duties of the commission, headed by an executive director attorney selected by the commission. As quickly as possible, Lake County should provide adequate permanent staff to fulfill the commission's duties to ensure effective assistance of counsel to each indigent defendant. In conclusion, the evaluation cites a lack of accountability and oversight in Lake County's provision of public defender services and funding. In addition to reviewing and discussing the draft report and meeting with 6AC during the past 6 months or so, both Administration and County Counsel have been exploring the next steps that would best fit the County of Lake both structurally and financially to provide effective public defender services.

Direct staff to develop and implement a plan to improve public defender services.

This office was asked several months ago to provide assistance in the course of the above-described review. It is important to note that the public defenders in this County have extremely demanding jobs which take a great deal of time, attention, and legal knowledge to perform. This work and the individuals who perform that work in Lake County are worthy of considerable respect. It is our understanding that the ongoing review by the County is in no way directed toward the performances of the individual attorneys performing these services. The review is directed toward the improvement of the system for the provision of these services and the mechanisms to make such improvements. The Administrative Office is, of course, leading this review. We have simply been asked to make certain recommendations. Those recommendations are as follows: 1. Reconstitute the Public Defender Advisory Committee to include an attorney who has substantial prior experience as a public defender but does not presently provide those services in Lake County, an individual who has previously been an indigent defendant in Lake County, and a member of the Board of Supervisors. Additionally, the committee should include persons whose voices are not always heard: Native Americans, Latino/Hispanic Americans, African Americans, Asian Americans, and members of the LGBTQ+ communities. 2. Initiate and develop a community-based approach to criminal defense services, utilizing the services of Lake County Behavioral Health, Lake County Social Services, and numerous service-based groups in the County 3. Retain the services of a former public defender to assist the County in ensuring the comprehensive provision of indigent defense services. 4. Continue to pursue grant funding to initiate any desired improvements to the indigent defense system.

Animal Care and Control Advisory Board: One (1) vacancy - one (1) District 2 Member Martin Snyder - District 2 Member Child Care Planning and Development Council: Five (5) vacancies - one (1) Consumer, one (1) Public Agency, two (1) Community Representative, one (1) Discretionary Appointee, and one (1) Child Care Provider Cassandra Johnson -Community Representative Miriam McNamara - Discretionary Appointee Kimberly Gentle - Child Care Provider Fish and Wildlife Advisory Committee: Seven (7) vacancies - one (1) Agriculture, one (1) District 2, one (1) District 3, one (1) District 5, one (1) Education, one (1) Fish & Wildlife Conservation and one (1) Land Conservation Organization Gregory A. Giusti - Education Member (reappointment) Scotts Valley Community Advisory Council: Five (5) vacancies - Five (5) Members-at-Large Arthur Grothe - Member-at-Large Cornelia Sieber-Davis - Member-at-Large Jared Hendricks - Member-at-Large Jason Weston - Member-at-Large Valorie Goldenbrook - Member-at-Large Jody Altic - Member-at-Large Gregory Scott - Member-at Large

Appoint qualified applicants to the specified advisory board.

On December 21, 2022, the County of Lake amended an existing Planning-related Services contract with LACO Associates to extend the term and increase the compensation. The Agreement Scope of Work included on-call planning project assistance including but not limited to technical analysis, California Environmental Quality Act (CEQA) documents and staff reports. The full scope of work is included as Attachment 1. The purpose of the contract, funded by a grant awarded by the Department of Cannabis Control (DCC) was to address the significant backlog of cannabis permit applications. At its meeting on July 26, 2022, the Board was presented with an update on the progress of LACO Associates toward this purpose. The Board requested an update in six months in order to keep track of the improvement in cannabis permit processing. LACO's update is included as Attachment 2, and their Staff will be present to update the Board.

This item is presentation only. No action is requested.

b) Resolution Amending Resolution 2020-150 and Resolution 2021-123 Establishing Salary and Benefits for Confidential Unit, Section B, for the Periods of October 21, 2020 to October 20, 2021 and October 21, 2021 to June 30, 2025 c) Resolution Amending Resolution 2020-151 and Resolution 2021-124 Establishing Salary and Benefits for Management Employees for the Periods of November 1, 2020 to October 31, 2021 and November 1, 2021 to June 30, 2025 d) Resolution Amending the Memorandum of Understanding By and Between the Lake County Sheriff's Management Association and the County of Lake for the Periods of November 1, 2020 to October 31, 2021 and November 1, 2021 to June 30, 2025

In July of 2020, CalPers issued a Circular Letter regarding special compensation, noting that items of special compensation for public agencies and schools were "commonly misreported". This Circular Letter explained that special compensation items are one of the factors in calculating a CalPers' member's retirement and that misreporting special compensation could create financial hardships for members. The information provided in this letter by CalPers was intended to assist CalPers public agency and school district employees in ensuring that the reporting of special compensation was in compliance with the Public Employees' Retirement Law, the Public Employees' Pension Reform Act of 2003, and Title 2 of the California Code of Regulations. Subsequent to the above-referenced letter, the language in the non-represented employee resolutions and most of the Memoranda of Understanding with the employee bargaining units was changed to provide for five steps with longevity pay after the fifth step, replacing the County's prior twelve step process. CalPers recently issued an informal determination that if longevity pay is now and has been available, to employees promoted to a position at an advanced step that simply allows them to receive a longevity increase after serving five years in that position, rather than based upon years of service, such a top-step requirement renders the longevity pay provision non-compliant with the Public Employees' Retirement Law, the Public Employees' Pension Reform Act of 2013, and Title 2 of the California Code of Regulations. CalPers has determined that a top-step requirement creates a group or class disparity because it is not available to all members in a group or class. As a result, CalPers determined that longevity pay which is dependent upon achieving a top step was not reportable to CalPers and would not be considered in determining the retirements of County employees. CalPers' determination puts the retirement beneifts of all County employees at risk of reduction. County of Lake employees who are retiring would receive less money in retirement than those employees had calculated. Employees who have already retired could be required by CalPers to repay any such non-reportable income already received. The recently retired Auditor-Controller worked tirelessly with CalPers to correct this situation in a manner least disruptive to all County employees. Presented to your Board are four resolutions to implement corrective action as to confidential employees, management employees, and Sheriff's management employees. As each resolution makes clear, longevity pay for permanent employees hired into an allocated position prior to October 21, 2020 shall be provided credit for continuous service in an allocated position at the longevity pay at that time and future longevity pay shall be based on no less than five years of continuous service from the date of the last longevity pay received. This language is intended to effect no change in the retirement benefits County retirees already receive or which employees anticipate receiving upon retirement. As to the employees hired after October 21, 2020, longevity shall be based strictly on cumulative years of service and total hours worked. That formula will eliminate the concerns of CalPers that by hiring employees at advance steps and thereby allowing those employees to become eligible for longevity pay before other employees are eligible for that benefit strictly through years of service, the County has created separate classes of employees. CalPers has provided written confirmation that these resolutions satisfy its concerns, comply with the law, and will ensure that longevity pay is and will continue to be reportable. Human Resources is meeting with the bargaining units for represented employees now and we anticipate bring the same corrective resolutions to your Board for approval later this month. If your Board will approve the resolutions presently before you, each resolution may be separately offered for passage. Thank you.

Offer each resolution.

The Open Space, Conservation & Recreation Element of the Lake County General Plan includes a singular goal for recreation and open space resources: "To provide a parks, recreation, and open space system that serves the recreational needs of County residents and visitors, including a regional non-motorized recreational trail system." Of the eight planning areas in Lake County that are identified in the General Plan, Cobb Mountain is the only area that does not have a public community park. Interest in a park in the area of Cobb is longstanding, as evidenced by statements in the Cobb Mountain Area Plan of the "need for small neighborhood parks....more recreation opportunities...and a site for youth-oriented facilities." More recently, citizen input has emphasized the community's desire to develop a community park. This recent input sprang from numerous sources such as public meetings to solicit community needs for future park improvements, preliminary feedback for the parks and recreation master plan efforts, as well as discussions at the Cobb Area Council. The FY 22/23 Parks and Recreation budget includes an appropriation of $1,000,000 to begin planning and development of a community park and trails system in the Cobb area. Toward that end, Public Services initiated preliminary discussions with owners of multiple properties in the Cobb area. Staff feels that one particular 13-acre parcel is well-suited and, upon preliminary research, appears to be free of encumbrances. The property is 16540 State Hwy 175 in Cobb, APN 013-056-04. To progress from this point, the County's real property purchasing policy requires conceptual approval by your Board, as well as appointment of a negotiating team for the potential purchase. The County's Space Committee reviewed the proposal and recommends your Board's conceptual approval and establishment of a negotiating team Should your Board approve these actions, staff will secure an appraisal of the property, complete more detailed property history research, and initiate negotiations for the terms of a purchase on behalf of your Board. If the process comes to a successful end, staff will present a tentative purchase agreement for your Board's consideration.

Provide conceptual approval for the acquisition of property located at 16540 State Hwy 175 in Cobb, CA, APN 013-056-04, and appoint a negotiating team that includes the Public Services Director (or designee) and County Administrative Officer (or designee)

With approval of the 2023 Consolidated Appropriations Act, some public assistance program waivers tied to the COVID-19 Public Health Emergency (PHE) are ending. CalFresh Emergency Allotments are ending, which provided an increase of at least $95 in CalFresh benefits per month to households. Medi-Cal continuous coverage is ending, which ensured, with few exceptions, that people on Medi-Cal kept their Medi-Cal without any changes throughout the PHE. Lake County Social Services would like to take this opportunity to briefly inform your board, and the public, of these upcoming program changes, and answer any general questions.

Presentation by Lake County Social Services of CalFresh and Medi-Cal program update regarding the end of certain COVID-19 waivers due to the 2023 Consolidated Appropriations Act