Board Of Supervisors — Tuesday, April 18, 2023

On February 14, 2023, your Board received information from both the County Administrative Officer Susan Parker and County Counsel Anita Grant related to the findings of the analysis of the Sixth Amendment Center consulting firm retained to review the delivery of indigent defense services provided by the County of Lake and the proposed next steps. Your Board directed staff to implement a plan to begin the efforts in developing the first steps of improving the provision of indigent services. That first step included retaining the services of Jose Varela to assist the County in exploring the options best suited for the County of Lake and developing a transition plan. In addition to this first step, staff proposes developing the position of Chief Public Defender to provide the necessary management and oversight needed to implement the plan and provide these services. Staff plans to have the initial framework to address your Board's direction with the assistance of Mr. Varela in place before the contract for Lake Indigent Services terminates June 30, 2023. This Resolution adds one additional position of Chief Public Defender for Budget Unit No. 2111, Administrative Office.

Adopt Resolution amending Resolution No. 2022-119 establishing the position allocation of Chief Public Defender for fiscal year 2022-2023, Budget Unit No. 2111, Administrative Office and authorize Chair to sign.

Lake County Animal Care and Control utilizes a contract veterinarian to provide multiple unique and required services. These services include providing medical care to sick and injured animals, surgeries including spay/neuter, examinations of animals prior to adoption/transfer, and proper permitting for the shelter. Debra Sally has provided all of the previous services while also allowing Lake County Animal Care and Control to provide vaccination clinics and community cat surgeries to the public. Debra Sally has provided these services since the loss of our previous veterinarian and plans to continue providing services as able until a new permanent veterinarian is found. We are requesting an exemption of the competitive bidding process as this is an extension of a current service contract, it is not in the best interest of the County, due to the unique nature of services provided, and to prevent a disruption of services. Lake County Animal Care and Control has had a recruitment for a County Veterinarian for over 1 year and has an RFP open to find other contract veterinarians.

A) Waive the competitive bidding process, pursuant to Lake County Code Section 2-38.1 as it is not in the best interest of the County and Lake County Code Section 2-38.2 (2) due to unique nature of services precludes competitive bidding. B) Approve the Contract Amendment No. 1 between the County of Lake and Debra Sally DVM for veterinary services to extend the term to June 30, 2024 and maximum compensation to $100,000 annually, and authorize the Chair to sign.

BOARD OF SUPERVISORS, COUNTY OF LAKE, STATE OF CALIFORNIA Proclamation DESIGNATING THE WEEK OF APRIL 23-29, 2023 AS NATIONAL CRIME VICTIMS' RIGHTS WEEK WHEREAS, Americans are the victims of more than 20 million crimes each year and crime can touch the lives of anyone regardless of age, national origin, race, creed, religion, gender, sexual orientation, immigration or economic status; and WHEREAS, too many communities feel disconnected from the justice and social response systems and have lost trust in the ability of those systems to recognize and respond to their needs; and WHEREAS, victims of repeat victimization who fail to receive supportive services are at greater risk for long-term consequences and the victim services community has worked for decades to create an environment for victims that is safe, supportive, and effective; and WHEREAS, the Victim-Witness Division of the District Attorney's office in Lake County serves crime victims daily, providing assistance and support for a variety of their needs; and WHEREAS, the Victim-Witness Division, along with state and federal agencies, is working to improve services to crime victims and to enact laws that insure fair treatment for all victims of crime in Lake County and throughout California. NOW, THEREFORE, BE IT PROCLAIMED that the Lake County Board of Supervisors does hereby designate the week of April 23-29, 2023, as National Crime Victims' Rights Week and expresses their appreciation for those community members, victim service providers, and criminal justice professionals who are committed to improving our response to all victims of crime so that they may find relevant assistance, support, justice, and peace. PASSED AND ADOPTED this 18th day of April, 2023.

Adopt Proclamation Designating the Week of April 23-29, 2023 As National Crime Victims' Rights Week

The attached Proclamation recognizing April 17 through April 28, 2023 as California High School Voter Education Week in Lake County is being submitted to the Board of Supervisors for adoption.

Adopt Proclamation Recognizing April 17-28, 2023 as California High School Voter Education Week in Lake County

Since 2009, T-Mobile has leased space on the County's communications tower on Buckingham Peak of Mt Konocti. T-Mobile is planning upgrades to its equipment that will result in a modest increase (7.7%) in the utilized tower capacity. Staff negotiated the following changes to the lease agreement in exchange for T-Mobile's expanded use: 1. An increase in annual rent from $42,000 to $49,350; and 2. An increase in the annual cost-of-living adjustment from 3% to 4%; and 3. A provision allowing the County to renegotiate the cost-of-living adjustment if it exceeds 7.5% for a period of one-year.

Approve Amendment No. 4 to the Facility Space License Agreement with T-Mobile West LLC, and Authorize the Chair to Sign

The Plans and Specifications for the Socrates Mine Road Landslide Repair Project are complete and a copy has been filed with the Clerk of the Board. The construction estimate is approximately $1,751,783.00. The Federal Emergency Management Agency (FEMA) provides funds to eligible projects through the (PA) Public Assistance program. Therefore, this project is 100% funded for construction with Federal and State funds.

Staff recommends that the Board of Supervisors approve the Plans and Specifications and authorize the Public Works Director / Assistant Purchasing Agent to advertise for bids once authorization to proceed with construction phase is received from FEMA.

The current Lease agreement for the Child Welfare Services (CWS) office at 926 S. Forbes in Lakeport will expire on June 30, 2023. The Department of Social Services (DSS) has negotiated a one-year extension of the existing Lease agreement with the building owners, Gary Sada and Sheila Sada. The Department of Social Services maintains leases for all buildings it occupies and cannot evaluate purchasing an office location, or relocating as a possible long-term cost saving alternative due to the consequential disruption a relocation would pose for the community, insufficient office space availability in the County, and the projected fiscal impact to the Department. Waiving the formal bidding process provides the community uninterrupted services at a familiar location and financial savings for the Department. DSS has rented the space at this location since 2002. This Fifth Amendment will extend the term of the Lease for 1 year and increase the monthly rent by $50.00, bringing the new total monthly rent due to $7,244.39.

a) Waive the Formal Bidding Process Pursuant to County Ordinance 3109 Section 2-38 due to 38.2(3), not in the public interest as competitive bidding would produce no economic benefit to the County; and, b) Approve Fifth Amendment to the Lease Agreement between County of Lake and Gary Sada and Sheila Sada for the property located at 926 S. Forbes in Lakeport, in the amount of $86,932.68 per fiscal year from July 1, 2023 to June 30, 2024, and authorize the Chair to sign.

I am recommending your Board Adopt the attached Resolution approving receipt of a Grant in the amount of $220,638 from the Board of State and Community Corrections by the Probation Department for a Mobile Probation Services Center. In January 2023, the Probation Department applied for this grant to create a Mobile Probation Services Center. On April 14, 2023, Probation was notified that it was awarded the grant. The grant provides the Probation Department with funding to purchase the necessary equipment for the Mobile Probation Services Center. With this grant funding, deputy probation officers will be able to assist those on probation in the community, aide with remote court appearances, provide programming where the probationers are located, and provide access to charging stations for electronic monitoring. The grant requires all funds be spent by June 2027. There is no anticipated cost to the County in operating the Mobile Probation Services Center through that time period.

Adopt the attached Resolution approving receipt of a Grant in the amount of $220,638 from the Board of State and Community Corrections by the Probation Department for a Mobile Probation Services Center.

BOARD OF SUPERVISORS, COUNTY OF LAKE, STATE OF CALIFORNIA Proclamation DESIGNATING THE WEEK OF APRIL 23-29, 2023 AS NATIONAL CRIME VICTIMS' RIGHTS WEEK WHEREAS, Americans are the victims of more than 20 million crimes each year and crime can touch the lives of anyone regardless of age, national origin, race, creed, religion, gender, sexual orientation, immigration or economic status; and WHEREAS, too many communities feel disconnected from the justice and social response systems and have lost trust in the ability of those systems to recognize and respond to their needs; and WHEREAS, victims of repeat victimization who fail to receive supportive services are at greater risk for long-term consequences and the victim services community has worked for decades to create an environment for victims that is safe, supportive, and effective; and WHEREAS, the Victim-Witness Division of the District Attorney's office in Lake County serves crime victims daily, providing assistance and support for a variety of their needs; and WHEREAS, the Victim-Witness Division, along with state and federal agencies, is working to improve services to crime victims and to enact laws that insure fair treatment for all victims of crime in Lake County and throughout California. NOW, THEREFORE, BE IT PROCLAIMED that the Lake County Board of Supervisors does hereby designate the week of April 23-29, 2023, as National Crime Victims' Rights Week and expresses their appreciation for those community members, victim service providers, and criminal justice professionals who are committed to improving our response to all victims of crime so that they may find relevant assistance, support, justice, and peace. PASSED AND ADOPTED this 18th day of April, 2023.

Presentation Only.

Presentation only.

On September 27, 2022, this Board adopted a Resolution of Intent to initiate a Zoning Ordinance Amendment regulating agriculture-related structures, mitigation fees, and temporary building types. They requested the draft ordinance be considered by the Cannabis Task Force, Agriculture Advisory Board, and Planning Commission; and returned to them with recommendations. The Cannabis Task Force approved recommendations at their February 7, 2023 meeting. The Agriculture Advisory Board met on February 27, 2023 for discussion. Last week, the Planning Commission held a noticed public hearing to consider and make further recommendations. All recommendations are included below, with the Resolution of Intent included as Attachment 1. The Draft Ordinance is included as Attachment 2 in its original form. Due to the many recommendations from the Task Force, Agriculture Advisory Board, and Planning Commission, Staff is in the process of reviewing the ordinance and amendments for the California Environmental Quality Act (CEQA) impacts. Therefore, Staff requests direction from the Board of Supervisors regarding ordinance amendments, and continue this public hearing to a future time and date certain meeting, wherein the proposed ordinance would be presented to the Board for its consideration.

The Cannabis Ordinance Task Force spent multiple meetings discussing the ordinance. They formed an Ad Hoc Committee with representatives from the Farm Bureau, Fire Districts, and Lake County Cannabis Alliance (LCCA), and then the Task Force reviewed and discussed the Ad Hoc Committee's report prior to making Task Force recommendations, which were formally approved at a following meeting. The recommendations from the Cannabis Ordinance Task Force, following the order listed in Resolution 2022-122, are as follows: Section 5-6.24 of Chapter 5 Ag. Exempt Structures 1. Propose no change to the definition of Ag. Exempt structures. Electrical would only be allowed with a building permit. Cannabis permittees would qualify to use these structures within the already established "Ag. Exempt Structure" definitions. Section 5-6.25 of Chapter 5 Temporary Ag Structures 2. Change title to "Temporary Hoops for Cultivation" for these structures. 3. Add wording that these Temporary Hoops for Cultivation would be exempted from the building permit process if the structures met the listed criteria. 4. Specify the method of anchoring the Temporary Hoops for Cultivation into the ground and include a section on the Use Permit application for this information. 5. Require conformance to California Public Resources Code Section 4290 and 4291, as pertaining to Agricultural Standards, for temporary drying structures (per RES 2019-124). 6. Require that generator rules be consistent for all cannabis-related permits in the Lake County Code, and with the version of the Fire Code in effect at the time of submission of permit application. 7. Require that adherence to Department of Cannabis Control (DCC) guidelines for Temporary Hoops for Cultivation be apparent at application submission. 8. Section 3: Change title to "Temporary Structures for Cannabis Drying". 9. No comment regarding Hoop Houses. 10. In Tents: Clarify that loads are not to be added to the actual hoop or tent structure, but rather are located on an internal load-bearing frame, or on a separate structure within the hoop or tent structure. 11. Allow shipping containers as an accessory agricultural use coupled with a temporary drying use, sun setting the drying use to three years after the permit's issuance. 12. Size: Limit the total square footage of the Temporary Cannabis Drying Structures to 10% of the project's total canopy area. Additional Cannabis Task Force Recommendations to the Board of Supervisors include: 13. Require the conveyance of the project site plan to the responsible fire district before commencement of project operations. Physically locate the site plans on site in a Knox Box or other area where they may be easily accessed/viewed, and advise the Fire Districts of the on-site Site Plan's location. 14. Clarify that responsibility for issuance of permits remains with the Community Development Department. At their meeting on February 27, 2023, the Agriculture Advisory Board agreed with the Recommendations 1 and 13. They further recommended a focus on public safety. At its meeting on April 13, 2023, the Planning Commission approved the following recommendations to the Board: 1. Require a 100 foot setback for generators, 2. Allow only dirt as a surface under all temporary agriculture structures, removing the options for concrete and/or asphaltic concrete. 3. Allow a cumulative maximum of 10% of total canopy area for accessory agriculture processing structures. 4. Insert reference to Article 27 standards, with specific citations, where appropriate, throughout the draft ordinance. Due to the many recommendations from the Task Force, Agriculture Advisory Board, and Planning Commission, Staff has not reviewed the document and its possible variations, for appropriate review for the California Environmental Quality Act. Therefore, Staff requests direction from the Board of Supervisors regarding its final recommendations, and to continue this public hearing to a future time and date certain meeting, so that the appropriate CEQA review may take place, and an amended ordinance to be presented to the Board for its consideration.

Approve Staff direction of final recommendations of amendments to the draft ordinance, and continue the public hearing to a future date.

Last fall, your Board requested recommendations related to updating the supervisor's job duties and obligations. Staff began researching and reviewing examples and with the arrival of the Governor's appointment of a new supervisor and seating of a new chair, staff suggested that these changes provided an opportunity for a facilitated workshop for review of the policy document since the last update occurred December 11, 2018. Staff recommends regular reviews so that the board can effectively respond to the expected legislative changes and unexpected, extraordinary events. Subsequently, Chair Pyska reached out to Rural Counties Representative of California (RCRC) Executive Director Robert Blacklock to request assistance in updating the Board of Supervisor's Rules of Procedure, General Protocol and Committees Policy document. RCRC does not provide this service but provided two consultants often used by counties performing similar tasks. Chair Pyska, Supervisor Simon and County Administrative Officer Susan Parker interviewed the consultants provided by RCRC and recommend MRG (Robert Bendorf) for a one day 6-hour facilitation exercise for an amount not to exceed $6,250. If agreed upon, staff requests selecting a date and a back-up date for a meeting on one of the 2023 dates provided: May: 3, 4 June: 14

Approve retaining the facilitation services of MRG for an amount not to exceed $6,250 for the purposes of updating the Board of Supervisor's Rules of Procedure, General Protocol and Committees Policy Document and designate dates.

Lake County Behavioral Health Services entered into an Agreement with New Life Health Authority effective July 1, 2022. LCBHS has made the Board and community aware that the Pinoleville Pomo Nation, a Federally recognized Indian Tribe, is voluntarily contributing the non-federal share of cost with regard to Medicaid and Medicare reimbursement. This voluntary contribution is dependent on an Intergovernmental Transfer process (IGT) between the Tribe and LCHBS. The Board has been made aware that LCBHS has sought approval and guidance from the Department of Healthcare Services (DHCS) regarding this IGT process. DHCS has issued official approval of the IGT process as it was first presented to the Board and represented in the initial contract. The Amendment provides some technical clarifications to the IGT process that are not substantive and do not change the nature of the Agreement or IGT process. As stated in the title, this Amendment has no effect on the contract maximum of reimbursements associated with the services in this contract.

Approve Amendment No. 1 to the Agreement between the County of Lake and New Life Health Authority dba New Life, LLC. for Substance Use Disorder Outpatient Drug Free Services, Intensive Outpatient Treatment Services, and Narcotic Treatment Program Services for FY 2022-23 with no change to the contract maximum and Authorize the Board Chair to Sign.

Middletown Cemetery District: 3 Vacancies Bonnie Albertson

Appoint qualified applicant to the specified advisory board.

On August 29, 2022, The County of Lake solicited a Request for Proposal (RFP) for Interfacility Transfer (IFT) and Local Emergency Medical Service Agency (LEMSA) services to assess and make recommendations to improve systems of care and policies and procedures for LEMSA. Five proposal were received in response to the RFP. An evaluation committee reviewed the proposals on September 20, 2022 and selected EndPoint EMS Consulting, LLC as the most qualified.

Approve contract with EndPoint EMS Consulting, LLC, to assess the interfacility transfer (IFT) and Local Emergency Medical Service Agency (LEMSA) services in the amount of $150,000 for the term of April 3, 2023 through December 25, 2023 and authorize the Chair to sign.