Board Of Supervisors — Tuesday, September 26, 2023

All California counties are active members of the National Association of Counties (NACo) with a county designee for purposes of general assembly voting. Supervisor Pyska will be serving on the Environment, Energy and Land Use Committee. Supervisor Sabatier will be serving on the Health Committee. NACo Steering Committees have monthly virtual meetings and two in-person meetings per year at the Legislative Conference in Washington DC and the Annual Conference in the summer. Steering Committee members hear presentations, learn best practices, and engage in key discussions with federal policy leaders and county leaders from around the country. At in-person meetings, committees consider and vote on policy resolutions and platform changes that guide NACo's federal advocacy efforts. California members serve as CSAC representatives and are asked to convey the CSAC recommended positions while voting on policy resolutions.

(a) Appoint Supervisor Jessica Pyska to the National Association of Counties (NACo) Steering Committee; and (b) Appoint Supervisor Bruno Sabatier to the National Association of Counties (NACo) Steering Committee.

On June 6, 2023, your board directed administrative staff to prepare a budget request for annual membership in the California Cannabis Authority ("CCA" hereafter) to be funded by cannabis tax revenue. Your board opted not to subscribe to CCA's data analytics platform at that time. The final budget approved Sept. 20, 2023, allocates $28,000 for the CCA annual membership. Today's agenda item presents a draft resolution and draft CCA joint-powers agreement for your board's consideration and approval. Billing for membership dues will commence upon receipt of these materials by CCA, as outlined in the agreement. The draft resolution would appoint myself or other board delegate to represent Lake County on the CCA board. County Counsel has reviewed the CCA joint-powers agreement and recommends several updates to California statutes cited within that agreement. Clean and redline versions are presented for discussion purposes. Greg Turner, CCA's executive director and general counsel, has stated the JPA agreement does not require further review and approval by the CCA board even if amended when executed by a new member. Incorporating the code citation changes recommended by County Counsel promotes legal process efficiency for the County and CCA.

Adopt Resolution of the County of Lake Board of Supervisors Approving, Authorizing and Directing Execution of a Joint Exercise of Powers Agreement relating to the California Cannabis Authority and authorize the Chair to sign

The Purchasing Department publicly opened bids for the subject project on Thursday, August 10, 2023. Three (3) bids were received, and the apparent lowest responsible bidder was Stewart Engineering Inc., of Redding, California. Please refer to the attached bid tabulation. The project is fully funded from the Federal Highway Bridge Program and State Toll Credits. The scope of the project is the construction of a new bridge adjacent to the existing structure, removal of the existing bridge and approximately 490 feet of roadway reconstruction with aggregate base.

Approve Award of Bid for the Chalk Mountain Bridge Replacement Project, Bid No. 23-34, Federal Aid Project No. BRLO-5914(094), with Stewart Engineering Inc, in the Amount of $6,176,906.00, and Authorize the Chair to execute the Agreement and the Notice of Award.

At the North Lakeport Water Treatment Plant there are three Trident units which utilize a combined clarifier/filter in the water treatment process. Those units were installed in the early 1990's with the construction of the surface water treatment plant. The media in the clarifier portion of the packages is degraded and requires replacement. There are a variety of different media which can be used each with a specific strength depending on the water being treated. In the case of the raw water from Clear Lake the clarifier media from Wes Tech will best address the organics and other characteristics and provide the most effective treatment. This media is a proprietary, patented product with a 20-25 year expected useful life, and an equal product is not available from any other source. We respectfully request that the Board waive the competitive bidding process due to the unique nature of the goods and authorize the purchase of the media from Wes Tech. Please note the attached quote includes media for both the North Lakeport and Soda Bay water treatment plants. _____________________________________________________________________________

Waive the competitive bidding process, pursuant to Lake County Code Section 2-38.2 based on the unique nature of the goods; b) Authorize Special Districts Administrator/Assistant Purchasing Agent to issue a purchase order not to exceed $136,000 to WesTech for the purchase of a 480 CUF of Media AC.

At the Soda Bay Water Treatment Plant there are two Trident units which utilize a combined clarifier/filter in the water treatment process. Those units were installed in the early 1990's with the construction of the surface water treatment plant. The media in the clarifier portion of the packages is degraded and requires replacement. There are a variety of different media which can be used each with a specific strength depending on the water being treated. In the case of the raw water from Clear Lake the clarifier media from Wes Tech will best address the organics and other characteristics and provide the most effective treatment. This media is a proprietary, patented product with a 20-25 year expected useful life, and an equal product is not available from any other source. We respectfully request that the Board waive the competitive bidding process due to the unique nature of the goods and authorize the purchase of the media from Wes Tech. Please note the attached quote includes media for both the North Lakeport and Soda Bay water treatment plants. _____________________________________________________________________________

Waive the competitive bidding process, pursuant to Lake County Code Section 2-38.2 based on the unique nature of the goods; b) Authorize Special Districts Administrator/Assistant Purchasing Agent to issue a purchase order not to exceed $91,000 to WesTech for the purchase of a 320 CUF of Media AC

People Services, Inc. provides grounds maintenance to the Anderson Ranch and Employment Service Job Zone buildings in Lower Lake. Services include trash pickup, lawn mowing, hedge trimming, weed control, and table and walkway cleaning, which are performed on a weekly basis. Contractor also provides drain cleaning each month, and more extensive gardening work twice a year. DSS issued a Request for Quotes (RFQ) in which two quotes were received with one refusal. People Services, Inc. submitted the lowest quote and has been chosen for services.

Approve Contract between County of Lake and People Services, Inc. for yard maintenance, in the amount of $9,656.87 per fiscal year from July 1, 2023 to June 30, 2026, and authorize the Chair to sign.

The Board of Supervisors presents the semi-annual Employee Service Awards for the County of Lake to recognize years of service.

Ceremonial item only. No action to be taken.

Property Details: Property Address: 180 Schindler St, Clearlake Oaks, CA Assessor Parcel#: 035-391-08 Zoning District: "R1" Single Family Residential Acres (estimated): 0.145 Property Owner: Thomas Armitage Appellant: Thomas Armitage Supervisorial District: 3 (Crandell) County Witness(es): Lead Code Officer: Christopher Colen, Code Enforcement Officer Evidence:

A - Request for Hearing - Thomas Armitage B - LCC Hearing Procedures, Ch. 13, Section 13-7 C - Site Photos D - Notice of Nuisance and Order to Abate On August 7, 2023, the Lake County Community Development Department received a written request from appellant Thomas Armitage (Appellant) for a hearing before the Board of Supervisors in response to a Notice of Nuisance and Order to Abate (NONOTA) dated, March 22, 2023 issued against the property located at 180 Schindler St, Clearlake Oaks (property). Appellant provided the following reason why the property should not be considered a public nuisance: (Attachment A): "I feel I being singled out I do not think it is pubik (public) nuisance. There is no way you can see on to my property from the street. I put up a 6ft fence cleaned up the lot the only thing I have on it is my personal property and Code Enforcement is going out of it way to harass me a civilian vet." Appellant's request for a hearing was not made within the statutory twenty-one (21) day period provided for by the Code. Initially, Appellant was premature in the submission of his request for a hearing, which was not accepted as Code Enforcement had not issued any notices at that time. Due to misunderstandings with the Appellant and in order to afford appellant his due process rights, Code Enforcement honored Appellant's intent to request a hearing.

Between March 3, 2023 and July 28, 2023, Lake County Code Enforcement (LCCE) conducted site inspections from street and documented the cited violations by taking photos. (Attachment C) On March 22, 2023, LCCE determined five (5) violation(s) of the Lake County Code existed on the property. A NONOTA and NOV were issued and posted at the property and certified mailed to the property owners address listed with County Records. The NONOTA cited the following violations: (Attachment D) � LCC, Chapter 13, Article I, Section 13-3.1 (e) (7) - Garbage, rubbish, and refuse � LCC, Chapter 13, Article I, Section 13-3.1 (e) (5) - Use of land or premises maintained contrary to the provisions of LCC Chapter 21 (Zoning Ordinance) � LCC, Chapter 13, Article I, Section 13-3.1 (e) (13) - Inoperable Vehicles � LCC, Chapter 21, Article 10 - Violation of the "R1" zoning designation � LCC, Chapter 21, Article 68, Section 68.4 - Accessory Uses and Structures, Residential

Staff recommends the Board uphold the Notice of Nuisance and Order to Abate and direct staff to move forward with the abatement process within thirty (30) days if the violations are not abated by the property owner.

North Coast Opportunities will be giving your Board a presentation on the Lake County Home Hardening Program.

Presentation only.

The Lake County Fish and Wildlife Committee, a standing committee of the Board suggests supporting the following items: 1) Presentation of a summary report of this past year's hitch-spawning run. 2) Motion to approve $5,400 from Budget unit 2701 to support Robinson Rancheria and the California Department of Fish and Wildlife (CDFW) program to eradicate carp from Clear Lake. This request would improve Clear Lake's water quality and contribute to a more robust gamefish population that has suffered due to the recent drought.

Approve $5,400 to Support the Robinson Rancheria & California Department of Fish and Wildlife Program to Eradicate Carp from Clear Lake.

The Agricultural Exempt & Temporary Cannabis Processing Structures Ordinance is an ordinance that establishes regulations to permit the use of certain temporary structures for the purposes of drying and processing commercial cannabis onsite at approved outdoor, mixed-light, and indoor commercial cannabis operations, and allows agricultural exempt structures for the storage of supplies and equipment for cannabis cultivation. The proposed ordinance includes several limitations on the size, scope, and duration of the temporary structures that can be permitted in the County, including allowable footprints of structures, and building material specifications that cover temporary tent structures and temporary container structures. The draft ordinance includes the following types of regulations on temporary drying structures for commercial cannabis cultivation: 1) application requirements including submittal of site plans, project descriptions, locations of proposed and existing structures and uses of structures, and proposed dates of use; 2) setback requirements and height limitations; 3) allowable footprint size; 4) slope requirements; 5) electrical limitations and inspection requirements; 6) guidelines for the use of generators; and 7) limitations on the duration of use. The draft ordinance also establishes a process for temporary drying structure building permit applications, renewal, suspension, and revocation; and establishes development standards, performance standards, and temporary permit requirements, as well as a process for building agricultural structures that are exempt from building permit requirements. At its meeting on September 19, 2023, the Board considered the recommendations of the Cannabis Ordinance Task Force, Agriculture Advisory Committee, and Planning Commission. In addition to these amendments to the draft ordinance, the Board also approved amendments to increase setbacks, clarify language, and correct language pertaining to the environmental analysis. These amendments were substantive, resulting in the continuance of the draft ordinance hearing to the September 26, 2023, meeting. The amended ordinance is included as Attachment 1 (redlined) and 2 (clean version). The versions considered at the September 19, 2023 meeting are included as Attachments 3 and 4. The Board's Resolution of Intent is included as Attachment 5, and the draft Initial Study (IS 23-13) as Attachment 6. Public input from the last hearing is included as Attachment 7. PROJECT OVERVIEW On September 27, 2022, the County of Lake Board of Supervisors (BOS) adopted Resolution of Intent (Resolution 2022-122) to initiate a zoning ordinance amendment regulating agricultural-related structures, mitigation fees, and temporary building types allowable for use on approved commercial cannabis cultivation sites. The BOS requested that the resolution and draft ordinance be considered by the Cannabis Ordinance Task Force (COTF), Agricultural Advisory Committee (AAC) and Planning Commission before returning all recommendations back to the BOS for a final consideration. Resolution 2022-122 encompassed four primary types of accessory agricultural structures as proposed allowable uses on existing, permitted commercial cannabis cultivation sites which include: 1) allowing agricultural exempt structure permits to be issued for commercial cannabis operations, an application that was not previously allowed for commercial cannabis cultivation without a preexisting agricultural use on the property and a minimum of 10 acres; 2) allowing temporary hoop structures for use within outdoor cultivation canopy areas, which can serve as a means of protecting plants from natural elements and contamination and reducing the amount of water consumption and transpiration in times of severe and exceptional drought; 3) allowing shipping containers for use as temporary storage, drying, and processing structures; and 4) allowing general purpose tents for use as storage, drying, and processing structures. The first two types of proposed accessory structures would both require an agricultural exempt permit to be approved by the CDD Planning Division and the Department of Agriculture, while the second two types of structures would require a temporary building permit, accompanied by a demolition permit, to be approved by the CDD Planning Division and issued by the CDD Building Division. Between October 2022 and January 2023, the COTF reviewed these proposed regulations and considered public comments at their advisory committee meetings. The COTF established final recommendations at their January 23, 2023 meeting and approved the recommendations at their February 7, 2023 meeting. Recommendations made by the COTF covered definitions and terms, specific building practices, access for emergency vehicles, generator use for outdoor cultivation sites, Department of Cannabis Control regulations, Fire District requirements, and limitations on square footage. On February 27, 2023, the Community Development Director brought the ordinance and COTF recommendations to the Agricultural Advisory Committee at their regular meeting. The Committee agreed with the COTF recommendation to preserve the definition of Ag-exempt Structures as well as requirements to make site plans available to the responsible fire district before commencement of the project and to physically locate site plans on site in a Knox Box or other area where they may be easily accessed. They made no further comments on the recommendations. On April 18, 2023, the Planning Commission considered the draft ordinance and COTF and AAC recommendations. Their discussion included: 1) concerns over generator use and their potential impacts on noise, air quality, wildfire risks and hours of operation; 2) concerns about the impacts of concrete padding as a foundation for temporary structures on agricultural land; 3) setback requirements; 4) the movement of containers and the dismantling and removal of temporary structures; and 5) the lack citation and a clear nexus between the items in the draft ordinance and existing regulations, restrictions and requirements. The Planning Commission made a motion to pass further recommendations that increased generator setback requirements, remove the requirement for concrete and asphaltic concrete padding, clarification on allowable square footage and the appropriate CEQA process for environmental analysis of the proposed ordinance. At the April 18, 2023 BOS meeting, staff brought the collective recommendations from the COTF, AAC, and Planning Commission for consideration. A determination was made that the use of temporary hoop houses for outdoor cannabis cultivation could be allowed with a ministerial permit, and the accessory nature of these structures along with demolition requirements could move forward as a stand-alone ordinance that is exempt under CEQA Section 15304. The addition of these temporary hoop structures were deemed to be a Class 4 CEQA exemption which "consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees exempt for forestry and agricultural purposes." Section (e) of this CEQA exempt class allows for "minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc." The stand-alone ordinance was discussed under consideration at several subsequent BOS meetings and was ultimately approved on May 16, 2023 as Ordinance 3132 - The Temporary Hoop Structures for Commercial Cannabis Ordinance. The remaining portions of the ordinance returned to the department for environmental analysis. PROJECT SETTING Largely due to the market changes in the cannabis industry, the County is experiencing an increase in demand for onsite temporary processing structures and ag-exempt structures from cannabis cultivators. There has also been rise in unpermitted processing activities due to a limited number of options for offsite processing available to cultivators within the County. In addition to the high costs and logistical dilemmas of moving wet cannabis product off cultivation sites, local permittees generally prefer to conduct drying and processing of cannabis products onsite. Many of the County's approved major and minor permits for outdoor, mixed-light, and indoor cultivation operations include plans for onsite, permanent processing structures and associated facilities. Despite this, due to cannabis market prices in California drastically falling in 2021, the high costs and delayed processing times for local permitting and state licensing, and steep competition with an illegal cannabis market, many permittees are currently unable to implement their approved processing facility plans. They are currently looking to elected officials to provide a path for temporary structure permitting. If approved, this can help them bridge the gap to a position where they are able to implement the full scope of their approved plans without having to go through the entire use permitting process again. The County currently has 141 approved commercial cannabis use permits. These approved major and minor use permits are comprised of 107 outdoor cultivation operations and 25 mixed-light or indoor cultivation operations, with the remaining permits for manufacturing, processing, or retail uses. Base Zoning Districts where cannabis cultivation is an allowable use include: Agricultural Preserve, Agriculture, Timber Preserve, Rural Lands, Rural Residential, Suburban Reserve, and Planned Development Commercial. Locations where cultivation occurs range in character from traditional agricultural valleys with access to basic infrastructure and utilities, to remote locations in rugged mountainous terrain typically far removed from any utilities or services. Permittees actively pursuing a pathway to use temporary processing structures cross both sides of this spectrum, while those who are interested in new ag-exempt structures tend to be those in more rugged areas without previously established agricultural uses. FIGURE 1. Cannabis Permitting in Lake County PROJECT ANALYSIS General Plan Conformity The County of Lake General Plan was reviewed in order to determine if the proposed ordinance was aligned with its goals and policies. The following section highlights areas where the proposed ordinance is supported by the General Plan: Chapter 3 Land Use 3.2 Growth and Development Goal LU-1: To encourage the overall economic and social growth of the County while maintaining its quality of life standards. * Policy LU-1.8: Permitting Procedures and Regulations The proposed ordinance supports the County's pursuit to ensure that its permitting procedures and regulations are consistent and efficient. Goal LU-2: To clearly differentiate between areas within Lake County appropriate for higher intensity urban services and land uses from areas where rural resource use should be emphasized. * Policy LU-2.4: Agricultural / Residential Buffer The proposed ordinance is consistent with the County policy of requiring adequate setbacks between agricultural and non-agricultural uses. 3.9 Economic Development Goal LU-6: To maintain a healthy and diverse local economy that meets the present and future employment, shopping, recreational, and service needs of Lake County residents. * Policy LU-6.1: Diverse Economic Base The proposed ordinance supports the County's goal of actively promoting the development of a diversified economic base by continuing to promote agriculture, recreation services, and commerce by expanding its efforts to encourage industrial and non-industrial corporate development. Chapter 7 Health & Safety 7.1 General Goal HS-1: To encourage the County is protected from injury and damage resulting from natural catastrophes, man-made events, and hazardous conditions. * Policy HS-1.1: Development Constraints By only allowing temporary and ag-exempt structures in previously analyzed and approved cultivation areas, the proposed ordinance supports the County's policy to permit development only in areas where the potential danger to the health and safety of people can be mitigated to an acceptable level. * Policy HS-1.5: Interagency Coordination The proposed ordinance supports interagency coordination between the CDD Planning Division, Building Division, and the local Fire Districts. 7.3 Air Quality Goal HS-3: To reduce the generation of air pollutants and promote non-polluting activities to minimize impacts to human health and the economy of the County. * Policy HS-3.7: Development Requirements The proposed ordinance supports the County's policy to require developments to be located, designed, and constructed in a manner that would minimize the production of air pollutants by meeting state regulations and requirements as well as those of the Air Quality Management District. 7.5 Hazardous Materials Goal HS-5: To protect residents, visitors, and property from hazardous materials through their safe use, transport, and disposal. * Policy HS-5.6: Contamination Prevention The proposed ordinance is aligned with current requirements for the storage of hazardous materials and is consistent with the County's policy of reviewing new development proposals to ensure that soils, surface water and groundwater are protected from contamination. * Policy HS-5.10: Inspection of Hazardous Material Handlers and Waste Generators The proposed ordinance would require inspections that support the County's goal of inspecting hazardous material handlers and hazardous waste generators to ensure full compliance with laws and regulations. Chapter 8 Noise 8.1 Noise Goal N-1: To protect County residents from the harmful exposure of excessive noise and prevent incompatible land uses from encroaching upon existing and planned land uses. * Policy N-1.1: Noise Compatibility Guidelines By requiring all projects to meet existing noise regulations and thresholds that are "normally acceptable", the proposed ordinance supports the County's policy of ensuring noise compatibility guidelines. * Policy N-1.2: Sensitive Receptors By only allowing temporary processing structures on approved cultivation sites that have been analyzed for proximity to sensitive receptors through 1,000-foot setbacks, the proposed ordinance supports the County's goal to prohibit the development of new commercial, industrial, or other noise generating land uses adjacent to existing residential uses and other sensitive noise receptors such as schools, health care facilities, and libraries. Zoning Ordinance Conformity and General Requirements By requiring temporary processing structures and ag-exempt structures be located on approved project cultivation area sites that allow for the processing and storage uses described with Article 27.13(at), the proposed ordinance is consistent Chapter 21 of the County Municipal Code - the Zoning Ordinance. ENVIRONMENTAL REVIEW The draft ordinance was evaluated in Initial Study 23-13 (Attachment 4) and given the nature of the ministerial permits allowed through the ordinance and the limitation of such permits to be ancillary uses to approved major and minor use permits that have undergone prior CEQA evaluations, no significant impacts were identified and a negative declaration was prepared. Through the requirements of building and safety standards the proposed ordinance would likely improve the safety and wellbeing of the County. The public review period for the Initial Study started August 3, 2023 and concluded September 2, 2023.

Staff recommends the Board of Supervisors take the following actions: A. Adopt Negative Declaration (IS 23-13). B. Approve the first reading of the Ordinance allowing Ag-Exempt and Temporary Processing Structures on approved Commercial Cannabis Cultivation Sites. C. Advance the Ordinance to the next available Board of Supervisors meeting. Sample Motions: Negative Declaration I move that the Board of Supervisors find that the ordinance will not have a significant effect on the environment, and that the Board of Supervisors adopt Initial Study (IS 23-13). Agriculture Exempt and Temporary Processing Structures Ordinance I move to approve the ordinance, to be read in title only. I move to advance the ordinance to the next available Board of Supervisors meeting.

The City of Clearlake has submitted a proposal for an agreement sale for various tax defaulted properties within the City of Clearlake. The City is submitting this proposal as a public agency/taxing agency that is also a revenue district. The proposal now before your Board for its consideration reflects multiple price reductions for properties that have previously been unsuccessfully offered for sale. After purchasing these properties, the City will incur additional expenses due to their condition and requested reductions in consideration of these costs. The final payment due from the City will depend on the effective date of the sale, which requires State Controller approval and various noticing requirements to then be met. Your Board's consideration of this agreement today is the next necessary step.

Approve Chapter 8 Agreement Sale of Tax Defaulted Properties with City of Clearlake.

On Tuesday, September 5th, the State Water Resources Control Board issued Draft Emergency Information Order Regulations together with a Notice of Opportunity for Public Comment and Staff Workshop. These proposed regulations are in response to the Governor's Executive Order N-5-23, and specifically paragraph #9. Each of these documents are attached for your information. These regulations, if enacted, give the State the authority to require every water right holder or "water user" in the Clear Lake Watershed to submit reports of water usage. The information they could collect includes: groundwater well location and depth, extraction rates or volumes, timing and frequency of extractions, beneficial uses, and any other information that the State deems relevant to their hitch protection efforts. As written, these regulations would apply to all municipal water system operators, all landowners with wells - including individual private and/or agricultural water supplies - and littoral property owners who draft water from water bodies such as creeks or Clear Lake. These regulations could apply to every property in the Clear Lake Watershed, regardless of its proximity to the lake, creeks or streams where Hitch could exist. These regulations have the potential for significant impacts, and staff has placed this item on the agenda for your Board's discussion, and to allow for public input. It should also be noted that the State has scheduled two public workshops - October 19th at 2:00 p.m. in your Board's Chambers and October 24th at 10:00 a.m. online via zoom - for additional public participation.

As you are aware, Supervisor Sabatier and I have recently been engaged in Russian River Water Forum Meetings on behalf of our Board, to ensure Lake County's needs and priorities are well represented surrounding ongoing consideration of decommissioning and removal of the Potter Valley Project, including Scott Dam (Lake Pillsbury). On October 5, we (and representatives from Lake Pillsbury Alliance) will be making a presentation to the Russian River Water Forum group, and have the opportunity to include a brief video, to augment our presentation. We are seeking your Board's approval to develop this video, as well as any input you have on central arguments that should be included in the video or presentation, more broadly.

Approve development of a video presentation to augment an October 5, 2023, presentation to the Russian River Water Forum.

As your Board is aware, the Lake County Civil Grand Jury is an examining and investigative body that makes recommendations to improve systems, procedures, and methods of operations. A Final Report is created on an annual basis, documenting their Findings and Recommendations. Guidelines for responses are provided in the California Penal Code, sections 933 and 933.05. Appointed Department Heads are invited to respond, whereas elected officials, including your Board, are required to respond. In continuation of recent practice, the Grand Jury's Report noted your Board was required to respond to specifically annotated Recommendations. Your Board's Draft response to the 2022-23 Lake County Civil Grand Jury Final Report is attached here. It includes information provided by Elected and Appointed Department Heads, and we are very grateful to all who contributed. Likewise, this Draft reflects both the form requested by the Grand Jury and the requirements of the Penal Code. Your final response must be submitted to Judge Markham no later than Tuesday, October 10. Should changes result from your collective discussion, staff recommends those be adopted during today's meeting or your Tuesday, October 3, Regular Meeting.

Approve Response to the 2022-23 Lake County Civil Grand Jury Final Report

There have been significant developments to several broadband programs since the last time the Board of Supervisors was briefed on broadband in April 2023. To mitigate the projected budget shortfall for the current State budget funding for some broadband last mile projects and the loan loss reserve has been delayed to future fiscal years. The delay of the loan loss reserve funding could have an impact on the Golden State Connect Authority's proposed open access network. Round 1 of the Last Mile Federal Funding Account (FFA) project proposals are due to the State September 29, 2023. The County of Lake has $28.4 million allocated for FFA projects. The State strongly prefers wireline projects, and they must provide100 Mbps download and 100 Mbps upload service. It's anticipated projects will be awarded early 2024 and there may be another FFA application period. There have been three California Advanced Services Fund (CASF) Infrastructure Account proposals submitted for Lake County, all are fixed wireless and would provide service to communities currently unserved or underserved. The California middle-mile network was originally envisioned to be 10,081 miles. This summer the State reduced the funded portion of the middle-mile network due to rising costs. There is now a funded Phase 1 at approximately 8,300 miles and an unfunded Phase 2 at approximately 1,800 miles. The impact on Lake County is parts of the planned middle-mile route along 20, 29, 53, and 281 are now unfunded. The California Department of Technology has recently announced additional funding may become available to fully fund the 10,081 miles network. CBG Communications has recently completed the updated Master Broadband Plan, which will guide County broadband policy for several years. There has been significant outreach to various industries, community organizations, local governments, tribal nations, and internet service providers. An implementation plan is being developed to guide County policy and prime the County for future funding opportunities.

Consideration and possible direction from Board of Supervisors.

Lake County Behavioral Health Services, as the Mental Health Plan administrator, must develop a plan for programming and expenditures for the Mental Health Services Act. LCBHS has contracted with Resource Development Associates since FY 2016-17 with good results. This work is extremely niche and requires a deep understanding of the MHSA and the CPP process. LCBHS conducted a Request for Qualifications process to ensure this contractor remains in good standing for continued provision of these services. This RFQ process involves reviewing their standing as an organization from a compliance and fiscal perspective. The funding for this services comes exclusively from MHSA. We are requesting Exemption from the Competitive Bidding process under Article 2, section 38.1 which states: Extension of annual agreements. The County Purchasing Agent, or Assistant Purchasing Agent, as applicable, may, if he determine such action to be a cost advantage and in the best interest of the County, extend existing equipment lease agreements or contracts for service for an additional period or periods of time without competitive bid if the cost of the equipment lease or service contract per physical or time unit is not increased by more than the consumer price index (CPI) (San Francisco-Oakland-Hayward) as determined by the United States Department of Labor. Follows is a history of contract maximums and their increase compared to CPI: FY 2022-23 = $95,550 FY 2023-24 = $100,185 (a 4.8% increase, CPI is 7.3% increase) FY 2024-25 = $103,105 (this is a 2.9% increase) FY 2025-26 = $107,630 (this is a 4.4% increase) As you can see, this contract is not increasing above CPI.

Approve Request for Exemption from Competitive Bidding and Approve Agreement Between County of Lake and Resource Development Associates for Consultation and Support in the Community Program Planning (CPP) Process for Fiscal Years 2023-24, 2024-25, 2025-26 in the amount of $310,920 and Authorize the Board Chair to Sign.