Board Of Supervisors — Tuesday, December 6, 2016

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: December 2, 2016 SUBJECT: Consideration of Approval of Contract Change Order No. 1. for Lake County Fire Damage Sign Replacement Project, Bid No. 15-16, to update the project special provisions with no change in contract amount; and authorize Chair to sign EXECUTIVE SUMMARY: Attached for the Board's review and approval is Contract Change Order (CCO) 1 for the subject project. CCO 1 addresses correcting the project Special Provisions to include the most recent County Standard Details. This is a no-cost Contract Change Order and results in no increase or decrease of the original contract amount of $105,939.48. This project is currently funded by FEMA and FHWA. Staff recommends approval by the Board of Supervisors of CCO 1 and that the Board authorize the Chair to execute said Contract Change Order No. 1. for Lake County Fire Damage Sign Replacement Project, Bid No. 15-16, to update the project special provisions with no change in contract amount of $105,939.48; and authorize Chair to sign FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends approval by the Board of Supervisors of Contract Change Order No. 1. for Lake County Fire Damage Sign Replacement Project, Bid No. 15-16, to update the project special provisions with no change in contract amount of $105,939.48; and authorize Chair to sign

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: December 2, 2016 SUBJECT: Consideration of Approval of Contract Change Order No. 2 for Lake County Fire Damage Sign Replacement Project, Bid No. 15-16, for an increase of $1,517.55 and a New Contract Amount of $107,457.03; and authorize Chair to sign EXECUTIVE SUMMARY: Attached for the Board's review and approval is Contract Change Order (CCO) 2 for the subject project. CCO 2 addresses the addition of sign post caps & cross pieces / tees that were fire damaged and not included in the original construction estimate. CCO 2 results in an increase of $1,517.55 to the original contract amount of $105,939.48. This project is currently funded by FEMA and FHWA. Staff recommends approval by the Board of Supervisors of CCO 2 and that the Board authorize the Chair to execute said CCO for an increase $1,517.55 and a revised contract amount of $107,457.03. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: 1,517.55 Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends approval of Contract Change Order No. 2 for Lake County Fire Damage Sign Replacement Project, Bid No. 15-16, for an increase of $1,517.55 and a New Contract Amount of $107,457.03; and authorize Chair to sign

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, County Administrative Officer DATE: December 6, 2016 SUBJECT: Approve Amended Golden State Finance Authority (GSFA) Agreement for Residence Emergency Disaster Assistance Program Member County: Lake EXECUTIVE SUMMARY: On February 8, 2016, your Board approved the GSFA Agreement for Residence Emergency Disaster Assistance Program. As you recall, GSFA has provided $350,000 in assistance under this Agreement, for Valley Fire survivors. The original Agreement was limited to a one year term and provided primarily for interim housing and shelter. Local recovery efforts have been ongoing since, and the needs of Valley Fire survivors have evolved. Under this amendment, the use of funds is expanded to include organizations assisting individuals and families, interim rental assistance, and assistance with home utility repairs, purchase of building materials, construction rental equipment and related construction costs. We continue to be very thankful to GFSA for making these funds available, and for agreeing to amend the agreement to enable continue support of the evolving housing needs of Valley Fire survivors. Like before, 100% of funds under this Agreement are used for direct purposes, with no funds for administration or indirect costs. Under a separate agreement, NorthCoast Opportunities (NCO) has made these funds available to qualified Valley Fire Survivors and will continue to do so. As soon as possible, staff will bring forward for the consideration of your Board a corresponding amended agreement with NCO. FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): None STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Approve Amended Golden State Finance Authority (GSFA) Agreement for Residence Emergency Disaster Assistance Program Member County: Lake and authorize the Chair to sign.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, County Administrative Officer DATE: December 6, 2016 SUBJECT: Adopt Resolution Amending Resolution No. 2016-174 Pertaining to Tax Revenue Exchange for Annexation to County Service Area No.2 - Spring Valley Water System (Annexation - LAFCO Project # 2016-02) EXECUTIVE SUMMARY: On November 15, 2016, the Board adopted Resolution No. 2016-174. Due to a typographical error which staff discovered following the meeting, this resolution is being brought back for correction. Our office has received a notification from the County Auditor-Controller regarding a proposed annexation to County Service Area No.2 - Spring Valley Water System which has been filed with LAFCO (Annexation- LAFCO Project #2016-02). A tax exchange agreement must be reached in order for this annexation to proceed. Since the County and other taxing entities will not be relieved of any service requirements as a result of the annexation, it would not be appropriate for the general fund and other taxing entities to incur any loss of property tax revenue. The District will be able to generate revenue through fees charged for water connections in the annexed area. The proposed resolution, attached hereto, provides for no exchange of the existing base property tax revenue or the future tax increment, as a result of this annexation. FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): N/A STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: Staff recommends your Board Adopt Resolution Amending Resolution No. 2016-174 Pertaining to Tax Revenue Exchange for Annexation to County Service Area No.2 - Spring Valley Water System (Annexation - LAFCO Project # 2016-02).

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, County Administrative Officer DATE: December 6, 2016 SUBJECT: Adopt Resolution Pertaining to Tax Revenue Exchange for Annexation to Callayomi County Water District (Annexation - LAFCO Project # 2016-03) EXECUTIVE SUMMARY: Our office has received a notification from the County Auditor-Controller regarding a proposed annexation to Callayomi County Water District which has been filed with LAFCO (Annexation- LAFCO Project #2016-03). A tax exchange agreement must be reached in order for this annexation to proceed. Since the County and other taxing entities will not be relieved of any service requirements as a result of the annexation, it would not be appropriate for the General Fund and other taxing entities to incur any loss of property tax revenue. The District will be able to generate revenue through fees charged for water connections in the annexed area. The proposed resolution, attached hereto, provides for no exchange of the existing base property tax revenue or the future tax increment, as a result of this annexation. FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): N/A STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: Staff recommends your Board Adopt Resolution Pertaining to Tax Revenue Exchange for Annexation to Callayomi County Water District(Annexation - LAFCO Project # 2016-03).

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Todd Metcalf Interim Behavioral Health Director DATE: SUBJECT: Third Amendment to the Agreement between the County of Lake and Mountain Valley Child and Family Services for Specialty Mental Health Services for Fiscal Year 2016-17 in the amount of $76,000 and authorize the Board Chair to sign the Amendment. EXECUTIVE SUMMARY: Attached, for your approval, is the Third Amendment to the Agreement between the County of Lake and Mountain Valley Child and Family Services for Specialty Mental Health Services for Fiscal Year 2016-17. Under the Agreement, Lake County Behavioral Health is obligated to pay for Day Treatment Intensive services at $202.43 per day, as well as any additional Specialty Mental Health Services at the current published rate. BACKGROUND AND DISCUSSION: Mountain Valley Child and Family Services is an RCL 14 placement for children and youth in need of a more intensive program milieu. Day Treatment Intensive is provided five (5) days per week. As an additional Lake County Medi-Cal beneficiary has been placed by Lake County Child Welfare Services or Probation, it is necessary for Lake County Behavioral Health to increase the contract maximum by $22,000 for a new contract maximum of $76,000. We are requesting to waive the formal bidding process, per Ordinance #3043, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Contract Amount (with Amendment): $ 76,000 Unobligated Funds Available: $127,651 Additional Requested: N/A Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): Lake County Behavioral Health is requesting approval of the Third Amendment to the Agreement with Mountain Valley Child and Family Services for Fiscal Year 2016-17 for an increase of $22,000 for a new contract maximum of $76,000. These funds will be re-allocated from unobligated funds within the same level of care (RCL 14).. This contract is funded through Medi-Cal reimbursement of the Federal Financial Participation (FFP) percentage (50%), EPSDT allocations, and Realignment funds. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: (a) Waive the formal bidding process, pursuant to Lake County Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Third Amendment to the Agreement between the County of Lake and Mountain Valley Child and Family Services for Fiscal Year 2016-17 for a contract maximum of $76,000 and authorize the Board Chair to sign the Amendment.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Kevin L. Thompson, MPA, CATC Interim Behavioral Health Director DATE: December 6, 2016 SUBJECT: Agreement between the County of Lake and Humboldt County Department of Health and Human Services for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Hospitalizations at Sempervirons Psychiatric Health Facility for Fiscal Year 2016-17 EXECUTIVE SUMMARY: Attached, for your approval, is the Agreement between the County of Lake and Humboldt County Department of Health and Human Services for Acute Inpatient Psychiatric Hospital Services and Professional Services Associated with Acute Hospitalizations at Sempervirons Psychiatric Health Facility for Fiscal Year 2016-17. Lake County Behavioral Health is mandated to pay acute inpatient psychiatric hospital services for Lake County clients. Sempervirons, which is County Owned/Operated, is a psychiatric health facility providing an acute hospital level of care. This facility has been useful for the hospitalization of Lake County clients when required. As a Lake County Medi-Cal beneficiary was placed at this facility, Lake County Behavioral Health must execute a contract with Humboldt County Department of Health and Human Services in order to reimburse for services that were provided at the above facility. We are requesting to waive the formal bidding process, per Ordinance #3043, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Contract Amount: $33,429.38 Unobligated Funds Available for Contract: $50,000. Additional Requested: N/A Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): Lake County Behavioral Health is requesting the approval of the Agreement with Humboldt County Department of Health and Human Services for Fiscal Year 2016-17 for a contract maximum of $33,429.38. This contract is funded by Realignment for Acute Hospitalizations funded by Medi-Cal for Professional Services. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: (a) Waive the formal bidding process, per Ordinance #3043, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the Agreement between the County of Lake and Humboldt County Department of Health and Human Services for Acute Inpatient Psychiatric Hospital Services for Fiscal Year 2016-17 for a contract maximum of $33,429.38 and authorize the Board Chair to sign the Agreement.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Kevin L. Thompson, MPA, CATC Interim Behavioral Health Director DATE: December 6, 2016 SUBJECT: Approve the First Amendment to the Agreement between the County of Lake and Catholic Charities for Specialty Mental Health Services provided at St. Vincent School for Boy's for Fiscal Year 2016-17 in the amount of $85,000 and authorize the Board Chair to sign the Amendment. EXECUTIVE SUMMARY: Attached, for your approval, is the First Amendment to the Agreement between the County of Lake and Catholic Charities for Specialty Mental Health Services for Fiscal Year 2016-17. Under the Agreement, Lake County Behavioral Health is obligated to pay for Specialty Mental Health Services provided at St. Vincent School for Boy's. BACKGROUND AND DISCUSSION: St. Vincent School for Boy's in San Rafael, CA is an RCL 12 placement for children and youth in need of a more intensive program milieu. As an additional Lake County Medi-Cal beneficiary has been placed at St. Vincent School for Boy's by Lake County Child Welfare Services (CWS) or Probation, Lake County Behavioral Health would like to increase the contract maximum by $60,000 for a new contract maximum of $85,000. We are requesting to waive the formal bidding process, per Ordinance #3043, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services. As CWS or Probation are ultimately responsible for initiating the placement of Lake County children and youth, LCBH is ultimately responsible for reimbursement of any Specialty Mental Health Services these children and youth receive. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Contract Amount (with Amendment): $85,000 Unobligated Funds Available: $100,000 Additional Requested: N/A Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): Lake County Behavioral Health is requesting approval of the First Amendment to the Agreement with Catholic Charities for Fiscal Year 2016-17 for an increase of $60,000 for a new contract maximum of $85,000. The funds for this increase will be re-allocated from unassigned budgeted funds within the same level of care (RCL 12). This contract is funded through Medi-Cal reimbursement of the Federal Financial Participation (FFP) percentage (50%), EPSDT allocations, and Realignment funds. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: (a) Waive the formal bidding process, per Ordinance #3043, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) Approve the First Amendment to the Agreement between the County of Lake and Catholic Charities for Specialty Mental Health Services provided at St. Vincent School for Boy's for Fiscal Year 2016-17 for an increase of $60,000 for a new contract maximum of $85,000 and authorize the Board Chair sign the Amendment.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: November 22, 2016 SUBJECT: Adopt Resolution Approving and Accepting Final Parcel Map for Bridges Parcel Map PM 14-04 EXECUTIVE SUMMARY: The subject Final Parcel Map is being presented to the Board of Supervisors for acceptance and approval. This Parcel Map consists of three (3) parcels, the areas being 1.27. 1.08 and 1.05 acres in size. The properties are located along Quail Ridge Road, Lakeport. The current Assessor's Parcel No. is 005-027-93. The address is 1750 Quail Ridge Rd, Lakeport. The accompanying resolution will approve and accept subject Final Parcel Map, and will also accept the irrevocable offer of dedication of the 1' wide non access strip along Riggs Road as shown on said map. The 5' wide drainage easement offered for dedication will be rejected. Riggs Road is currently a county maintained road but Quail Ridge Road, offered for dedication as a public road and public utility easement on a prior parcel map, will be privately maintained. CC&R's will be recorded concurrently with the parcel map to address road maintenance by the property owners. Water to these newly created parcels will be provided by individual wells and sewage disposal will be provided by approved individual septic systems. Your favorable consideration of this resolution will facilitate the final action of subject Parcel Map prior to recording. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Adopt the resolution and authorize the Chair to sign

..Title ..Body MEMORANDUM TO: Rob Brown, Chairman, Board of Supervisors FROM: Brian L. Martin, Sheriff/Coroner DATE: November 23, 2016 SUBJECT: Adopt Resolution Amending Resolution No. 2016-145 Establishing New Classifications and Position Allocations for Fiscal Year 2016-17 to Conform to the Adopted Budget for Budget Unit 2201, Sheriff/Coroner EXECUTIVE SUMMARY: In coordination with the County Administrative Office and the Human Resources Department, the Sheriff's Department is requesting your Board's approval of a revision to the position allocation in Budget Unit 2011 for fiscal year 2016-17. The proposed modification would add the salary level for the OES Assistant. This position was included in the Adopted Budget but there was not a salary attached to it when the Adopted Budget was approved. FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted Estimated Cost: 30,000 Amount Budgeted: 30,000 Additional Requested: N/A Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): These funds are budgeted in the Sheriff/Coroner Budget 2201 and partial reimbursement is anticipated, depending on the applicant's certifications, through EMPG funding. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: The Sheriff's Department recommends adopting the attached Resolution Amending Resolution No. 2016-145 Establishing New Classifications and Position Allocations for Fiscal Year 2016-17 to conform to the Adopted Budget for Budget Unit 2201, Sheriff/Coroner

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Kathy Maes, Social Services Director DATE: December 6, 2016 SUBJECT: Approve Appointment of Tavi Granger as Interim Program Manager for Adult Services EXECUTIVE SUMMARY: Please accept this memorandum as my request for approval to appoint Tavi Granger to the interim position of Program Manager for Adult Services. With the appointment of Todd Metcalf as Behavioral Health Director, there is now a vacancy in the Program Manager position for Adult Services. This management position oversees five Social Service programs and directly supervises six supervisors. These are critical programs that include Adult Protective Services, In Home Supportive Services and Public Guardian/Public Administrator. This position also manages the Area Agency on Aging. The hiring process to fill this position is not expected to be complete until the end of January 2017. This position is essential to the day to day operations of Adult Services and critical tasks will be left undone if it remains vacant. Ms. Granger has been a dedicated employee of the Lake County Department of Social Services since May 1999 and has been a Supervisor since 2008. She has worked in multiple programs in the department including CalWORKs, Employment Services, Child Welfare Services and Adult Services. She has six years of experience in Adult Services as a Social Worker, Social Worker Supervisor and Deputy Public Guardian/Public Administrator. In addition to her program knowledge and skills in supervision, Ms. Granger brings extensive experience collaborating with community partners, including Behavioral Health, law enforcement, the medical community and multiple local services providers. The HR Director has reviewed Ms. Granger's qualifications and has confirmed that she qualifies for this interim management assignment. FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): None STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Please approve my request to appoint Tavi Granger to the interim position of Program Manager for Adult Services. Thank you for your consideration.

..Title ..Body MEMORANDUM TO: Rob Brown, Chairman, Board of Supervisors FROM: Brian Martin, Sheriff/Coroner DATE: November 15, 2016 SUBJECT: Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Wildfire Conditions, pertaining to the Rocky, Jerusalem and Valley Fires EXECUTIVE SUMMARY: As your Board is aware, in the afternoon of July 29, 2015 the Rocky Fire began in the area of Morgan Valley Road and continued for several weeks. This prompted the activation of the Lake OES Emergency Operations Center (EOC) and Matt Perry, County Administrative Officer/OED Director (retired) declared a Local Emergency on July 31, 2015. On August 4, 2015, your Board ratified the declaration by Resolution no. 2015-107, confirming the existence of such emergency. The dangers of this year's fire season continued on Sunday, August 9, 2015, when the Jerusalem Fire broke out, and your Board amended the declaration of a local emergency on August 18, 2015, to include the Jerusalem Fire, by Resolution no. 2015-109. On the afternoon of September 12, 2015, the Valley Fire began. This again prompted the activation of the EOC and Matt Perry County Administrative Office/OES Director (retired) declared a Local Emergency that evening. This was ratified by your Board on September 15, 2015 by Resolution no. 2015-128. As the County seeks funding and performs recovery operations related to tree removal and other fire recovery projects for the Rocky, Jerusalem, and Valley Fires, it is advisable that we continue the declaration of an emergency to support the fire recovery process. This declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Wildfire Conditions, pertaining to the Rocky, Jerusalem and Valley Fires

..Title ..Body MEMORANDUM TO: Rob Brown, Chairman, Board of Supervisors FROM: Brian Martin, Sheriff/Coroner DATE: November 15, 2016 SUBJECT: Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Clayton Fire EXECUTIVE SUMMARY: As your Board is aware, in the afternoon of August 13, 2016, the Clayton Fire began in the area of Clayton Creek Rd. This prompted the activation of the Lake OES Emergency Operations Center (EOC) and Brian Martin, Lake County Sheriff, declared a Local Emergency August 14, 2016. On August 16, 2016, your Board ratified the declaration by Resolution no. 2016-825, confirming the existence of such emergency. As the County seeks funding and performs recovery operations related to tree removal and other fire recovery projects for the Clayton Fire, it is advisable that we continue the declaration of an emergency to support the fire recovery process. This declaration needs to be re-considered and confirmed by your Board once every 30 days to stay in effect. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Consideration of Continuation of a Proclamation of a Declaration of a Local Emergency due to Clayton Fire

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, County Administrative Officer DATE: December 6, 2016 SUBJECT: Northcoast Opportunities (NCO) Report on Food and Health-Related Programs operated by NCO in Lake County EXECUTIVE SUMMARY: On your December 6, 2016 at 9:30 a.m., NCO requests the opportunity to provide an informational report to your Board on the various food and health-related programs it operates in Lake County, including the following projects: Gardens Project MendoLake Food Hub Grown Local Lake County Lake County Be Well/PICH Grant NCO Community Action/Food Pantry Farm to School FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): None STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: No action, informational report only.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Robert Massarelli, Community Development Director Prepared by: Peggy Barthel, Assistant Resource Planner and Joshua Dorris, Associate Planner DATE: November 18, 2016 SUBJECT: Appeal of Planning Commission's Certification of Environmental Impact Report (EIR) and adoption of the Water Supply Assessment (WSA) (SCH# 2016022084) (AB 16-04); Appeal of Planning Commission's approval of Major Use Permit (UP 16-02) and Grading Permit (GP 16-029) (AB 16-08) for Wild Diamond Vineyards, Middletown APNs 013060-04, -07, -09, -10, -11 & -12 Supervisor District 1 EXHIBITS: A. Appeal, AB 16-04 - Final EIR and adoption of WSA B. Appeal, AB 16-08 - Use Permit and Grading Permit C. Planning Commission Staff Report Dated October 3, 2016 D. Planning Commission Staff Report Dated October 28, 2016 with Attachment 2 E. Site Plans F. Use Permit Conditions of Approval G. Grading Permit Conditions of Approval H. Final Environmental Impact Report Mitigation and Monitoring Plan I. Project Description I. BACKGROUND The Planning Commission Certified an EIR; adopted a Water Supply Assessment; and approved a Major Use Permit, Grading Permit and Lot Line Adjustment to allow development of a winery producing up to 52,800 cases per year, a tasting room open to the public, an interpretive center, up to 35 special events per year with amplified outdoor sound and planting �80 new acres of vineyards located at 15015, 15087, 15373, 15375, 15591, 15663 and 15807 Spruce Grove Road, Middletown. Environmental Impact Report (EIR) and Water Supply Assessment The Planning Commission certified the EIR and adopted the Water Supply Assessment on October 13, 2016. The Planning Commission determined that the EIR was completed in compliance with the California Environmental Quality Act (CEQA) and the State CEQA guidelines, and that that the proposed Wild Diamond Vineyards project, as mitigated by the Mitigation Monitoring and Reporting Program specified in the Final EIR will not have an adverse impact on the environment. Major Use Permit, Grading Permit and Lot line Adjustment The Planning Commission approved the Use Permit, Grading Permit and Lot Line Adjustment on November 10, 2016. Appeals The appellant, HVL Watershed, appealed the Planning Commission's October 13, 2016 unanimous decision to certify the Environmental Impact Report and adopt the Water Supply Assessment (AB 16-04) and the Planning Commission's November 10, 2016 unanimous decision to approve Major Use Permit (UP 16-02) and Grading Permit (GP 16-029) for the Wild Diamond Vineyards project (AB 16-08). A lot line adjustment (LLA 16-08) was also part of the November 10, 2016 approval, but was not appealed. The appeals (BOS Exhibits A and B) were both filed timely. II. APPEAL DISCUSSION HVL Watershed's two appeals have been combined this hearing. Both appeals discuss similar and sometimes identical concerns. The Appeal, AB 16-04 (BOS Exhibit A) disagrees with the decisions of the Planning Commission to adopt the Water Supply Assessment and certify the Final EIR. The Appeal, AB 16-08 (BOS Exhibit B) disagrees with the decision that the Planning Commission made the required findings to approve the Major Use Permit and the Grading Permit. Both appeals raise concerns that not enough is known about the geology and impacts of the proposed project drawing water from the aquifer, and that the hydrology/water quality conditions of approval for the use permit were not written by a hydrogeologist. The EIR includes analysis of Hydrology and Water Quality, which summarizes a Groundwater Availability Analysis & Water Demand Study. This section of the EIR was reviewed by an independent third-party reviewer, NRCM, Inc. No environmental impacts requiring mitigation were identified. The Planning Commission approved the following to be incorporated as Conditions of Approval of the Use Permit (see EXHIBIT F): B. HYDROLOGY/WATER QUALITY 1. Prior to use of Wells #3 and #4 for irrigation of the new vineyard, the applicant will provide a map of all known springs, water bodies, and wetlands on the property. 2. A groundwater monitoring well will be placed upstream of each spring to monitor changes in water levels. A monitoring plan will be provided to the County describing the methodology of monitoring changes in groundwater level s relative to pumping activities. 3. A groundwater monitoring well will be placed next to each wetland and water body to monitor changes in groundwater levels. A staff gage will be placed in each wetland and water body to monitor water levels. A monitoring plan will be provided to the County describing the methodology of monitoring changes in groundwater and surface water level s relative to pumping activities and methodology for data analysis. The purpose of the monitoring program is to document that there is no significant impact on local springs as a result of the pumping to the irrigation wells. 4. Monitoring wells will be constructed within 10 feet and a second within 100 feet of wells #3 and #4 to monitor groundwater levels during pumping of those wells. A monitoring plan will be provided to the County describing the methodology of the monitoring program and data analysis. The purpose of the monitoring program is to document that there is no significant impact on other users as a result of the pumping to the irrigation wells. 5. The applicant will provide an annual report providing the data of the monitoring programs and an interpretation of the data. Concerns were raised in each appeal regarding pesticide drift and that neighbors do not want to rely on voluntary notification of pesticide application and insist that notification be a Use Permit condition of approval; that the 200-foot vineyard buffer is inadequate; and that the Agricultural Commissioner is not exercising his charged duties to protect the public's health and safety. The Community Development Department does not have the authority to require notification of pesticide application. The Planning Commission approved the following to be incorporated as a Condition of Approval of the use permit (see EXHIBIT F): C. AIR QUALITY, NOISE & TRAFFIC /TRANSPORTATION 2. The permit holder shall comply with all requirements of the Agricultural Commissioner's Office regarding chemical applications to prevent over spray and reduce nuisance odors to a less than significant level. The appellant proposes that the EIR be revised and recirculated, and that the Board of Supervisors take the following actions in response to the appeals: consult a hydrogeologist to perform requested studies, require vineyard cover crops, require terracing on steep slopes, require advance spray notification, require vegetation be chipped or hauled rather than burned, require improvements along Spruce Grove Road, require amplified music be kept indoors, prevent farm machinery from running all night, require vineyard wildlife corridors and require a consolidated complaint system rather than file a complaint with the Code Enforcement Division of the Community Development Department. Staff has determined that neither additional mitigations nor additional Conditions of Approval are necessary for the Grading Permit nor the Use Permit. III. RECOMMENDATION Staff recommends that the Board of Supervisors make a motion of intended decision to deny the appeal of the Certification of the Environmental Impact Report and adoption of the Water Supply Assessment by the Planning Commission on October 13, 2016; and the appeal of approval of the Major Use Permit and Grading Permit by the Planning Commission on November 10, 2016. Sample Motions: Appeal Denial I move that the Board of Supervisors make an intended decision to deny Appeal AB 16-04 and Appeal AB 16-08 and sustain the Planning Commission's certification of Environmental Impact Report (SCH# 2016022084), adoption of the Water Supply Assessment, approval of Major Use Permit (UP 16-02) and approval of the Grading Permit (GR 16-029) for the Wild Diamond Vineyards project, filed by HVL Watershed, on property located at 15015, 15087, 15373, 15375, 15591, 15663 and 15807 Spruce Grove Road, Middletown, and direct County Council to prepare findings of fact. Appeal Approval I move that the Board of Supervisors make an intended decision to grant Appeal AB 16-04 and Appeal AB 16-08, and overturn the Planning Commission's certification of Environmental Impact Report (SCH# 2016022084), adoption of the Water Supply Assessment, approval of Major Use Permit UP 16-02 and approval of the Grading Permit GR 16-029 for the Wild Diamond Vineyards project, filed by HVL Watershed, on property located at 15015, 15087, 15373, 15375, 15591, 15663 and 15807 Spruce Grove Road, Middletown, and direct County Counsel to prepare findings of fact. ..Recommended Action RECOMMENDED ACTION:

..Title ..Body MEMORANDUM TO: Board of Supervisors DATE: December 6, 2016 FROM: Robert Massarelli, Community Development Director By Keith Gronendyke, Associate Planner SUBJECT: (Continued from November 22, 2016) Lucero Use Permit Appeal (AB 16-05) of approval of Use Permit (15-16) Supervisorial District 1 ATTACHMENTS: A. Appeal Form and attached documents B. Planning Commission Staff Report - Planning Commission Hearing 08/11/2016 C. Planning Commission Staff Report - Planning Commission Hearing 10/27/2016 D. Planning Commission meeting minutes from August 11, 2016, September 22, 2016 and October 27, 2016. E. Correspondence from surrounding property owners. F. Initial Study 15-35 Public Input - Submitted to Clerk of the BOS I. BACKGROUND The applicant is appealing the decision by the Planning Commission on October 27, 2016 to approve an application for a Major Use Permit to allow a large kennel on a twelve acre parcel proposing to establish an animal care facility for a maximum of twenty elderly cats and fourteen elderly dogs. The animals would be housed inside an existing 2,375 square foot barn and outdoor area consisting of pens with double fenced yards to protect them from predators and to prevent them from escaping. Dog pens would be enclosed with six foot tall fencing, while the cat containment area would be enclosed in climb-proof material. When indoors the canines would be housed in individual kennels, there also is an indoor play area for the dogs along with a quiet room and a grooming room for the dogs. The cats would have a community room along with a quiet room. Other existing development includes a single-family residence intended to be occupied by the applicants. An existing septic system is projected to be utilized for the disposal of waste water from the cleaning of the animal kennels and runoff water from washing food bowls, which would come from two sinks, one in each animal area. Grey water that is generated during the washing of dog and cat bedding and blankets is proposed to be routed to water on site fruit trees. Animal fecal waste from the dogs would be contained in trays below the kennels and collected each morning, while outdoor dog yards would be cleaned up each evening when the animals are brought inside to the kennels. Cats would be provided litter boxes indoors and a small sandbox outdoors. These too will be cleaned each evening. This fecal matter would be deposited and sealed in biodegradable bags and kept in a trash receptacle. These trash receptacles would be kept indoors to avoid attracting wild animals. It can be anticipated that the local waste management company would pick up these trash containers weekly. Additionally, outdoor animal yards would be treated with biodegradable disinfectant as needed to maintain hygienic conditions. II. APPEAL DISCUSSION The timely appeal to the above noted approval of Use Permit UP 15-16 was filed on November 1, 2016, by Durand Duin who is a neighboring property owner to the south of the subject property. Along with the appeal form, Mr. Lesa attached verbiage detailing the reason for the appeal including the following: 1. Application was for "Animal Refuge" not a large kennel. 2. Use is not permitted under the applicable RR zoning. 3. Environmental review of the Project is required under CEQA. 4. Board of Supervisors should deny the Project. 5. Inadequate conditions of approval were attached to the MUP. In response to the above, staff offers the following: (1) Originally, it was interpreted that the application was for a major use permit to operate an animal care facility for the above noted animals at the proposed location on Candy Lane in Lower Lake. At the September 22, 2016 Planning Commission meeting, staff was advised by County Councel that the application was actually to approve of a major use permit to allow for the establishment of a large kennel in order to allow the use of the barn and as yet to be constructed outdoor pen areas as an animal refuge. This prompted the Planning Commission to continue the hearing to the October 27, 2016 Planning Commission meeting in order to direct staff to amend the required motions and other aspects of the Use Permit application to properly reflect what was truly being applied for. It should be noted that the following applies to this contention: Section 8.5 Uses permitted subject to first obtaining a Major Use Permit in each case: (d) Small and large animal veterinary clinics on sites not less than five (5) acres; large and commercial kennels on sites not less than five (5) acres. (Ord. No. 2128, 1/14/1993). A large kennel is defined in the Zoning Ordinance as: "Any premises where more than seven dogs, cats or similar animals over the age of six months of age are kept or maintained for non-commercial purposes..." (2) The subject property is located in the Rural Residential "RR" Zoning District. As noted above, the use of the property to allow a large kennel to be established for the care of the animals proposed by the applicant is permitted in the Rural Residential Zoning District with the approval of a Major Use Permit. (3) Attachment E of this memo consists of the Initial Study (IS 15-35) that was completed by staff to comply with the requirements of the California Environmental Quality Act (CEQA). Staff determined that this project's possible impacts could be mitigated to a less than significant level by the adoption of specific conditions of approval as detailed in the attached Planning Commission staff report. As such, a Mitigated Negative Declaration was adopted as a result of the above noted initial study. Environmental review was completed concerning this project. (4) As Section 21-58.30 allows for, any project approved or denied by the Planning Commission can be appealed to the Board of Supervisors. This has occurred concerning the Use Permit application; Lucero UP 15-16. (5) As noted earlier for (3) above, extensive conditions of approval have been drafted by staff, and amended by the Planning Commission during the October 27, 2016 hearing. All aspects of impacts identified by Planning Division staff and from other government agencies have been reviewed and staff believes mitigated to a less than significant level. At the Planning Commission meeting of August 11, 2016, the Planning commissioners heard comments from numerous neighboring property owners both for and against the establishment of such a large number of animals in the residential neighborhood. Comments against the project included barking from the dogs, smells of animal waste, contaminated runoff and general feelings that the project would not be a good fit for the neighborhood. Comments for the project included support for Ms. Lucero and her compassionate goals to treat animals as humanly as possible and how her existing operation in Contra Costa County is a benefit to the surrounding area. The Principal Planner at that time, Audrey Knight, suggested the application be continued so the applicant could present her PowerPoint preparation. As such, the Planning Commission continued the hearing until September 22. At the September 22, 2016 Planning Commission meeting, the same group of neighbors reiterated their concerns along with others voicing their support for Ms. Lucero. At this hearing, County Council brought up the issue that the Planning Commission would not actually be voting to allow for Ms. Lucero to conduct her proposed business, as the motions included in the staff report along with the legal notice that was sent out did not explicitly indicate that the use permit that was applied for was to establish a large kennel. As such, if the Planning Commission were to vote on the project at that time, they would only be voting to approve the construction of the facilities to house the animals, which, in reality, would not even require a use permit, but just a building permit. Due to the late timing of this issue brought up by County Council, this item was again continued to the October 27, 2016 Planning Commission hearing. At the October 27, 2016 hearing there was again vocal opposition along with support for the project. Staff presented a revised staff report and legal notice correctly stating that the use permit applied for was to establish a large kennel in order to house a maximum of fourteen elderly dogs and a maximum of twenty elderly cats. After discussing the project and hearing from lawyers representing both the applicant and the neighboring property owners, the Planning Commission voted to approve the project with the change that the project is subject to review by the Commission after one year. If no substantiated complaints are received from county agencies after the one year period, the use permit would be valid until it expires or is revoked pursuant to the terms of the permit and/or Chapter 21 of the Lake County Code. Immediately after this decision, an appeal to the Board of Supervisors was filed with the Planning Division. Additionally, at the Planning Commission meeting, the Planning Commission approved the Mitigated Negative Declaration for the project based on Initial Study 15-35. III. CONCLUSION The Planning Commission approved the Major Use Permit, to be reviewed after one year, for the establishment of a large kennel to house up to fourteen elderly dogs and up to twenty elderly cats on October 27, 2016 for property located at 11767 Candy Lane in Lower Lake for the following reasons: 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. The establishment of an animal care facility in and of itself will not be detrimental to the general public. Its location in a rural area of Lake County and conditions of approval will mitigate any impacts to less than significant. As such, the project will not be detrimental to the health, safety or welfare of surrounding property owners. Currently without a Conditional Use Permit the applicant has the right to have the following number of animals: 11 Hogs or 22 Horses or 69 Goats or 528 Chickens or 220 Ducks Therefore approval of this use permit to allow a large kennel will be a minimal impact. The following condition has been added to require the applicant to adhere to her proposed plans for animal waste removal and waste water plan: The applicant shall conform with and apply all of the project's proposed mitigations concerning animal waste removal and waste water as outlined in her project proposal packet as detailed in attachment 4 of the staff report. 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. The project site is approximately eleven acres while the total project footprint where the existing approximately 2,375 square foot barn and outdoor area are to be located is approximately 6,600 square feet. The outdoor areas will be located along the south side of the barn and away from the nearest residences located on the north side of Candy Lane. Given the property size of approximately eleven acres, the project site is sufficient to accommodate all of the proposed physical improvements. All noise standards as indicated in Article 41 Noise above in this report shall be adhered to at all times. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. As conditioned, Candy Lane the existing public right-of-way will adequately accommodate the 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. The project site is served by the Lake County Sheriff's Department for law enforcement and the Lake County Fire Protection District for fire suppression needs. The site has an existing potable well for water needs and an existing septic system for sewage removal. There are adequate public services available as needed to serve the project. The following condition is required to satisfy the County of Lake's Environmental Health Division: The permit holder shall comply with all requirements of the Lake County Environmental Health Division for water and hazardous materials storage. The permit holder shall pay all Authorization fees required for the Environmental Health Department to review the conversion of the existing barn to an animal shelter. HHnb hjHH- 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. As noted previously, the project is in conformance with the Lake County General Plan, the Lower Lake Area Plan and the Lake County Zoning Ordinance. In ZONING ORDINANCE ARTICLE 8 -RURAL RESIDENTIAL ZONING DISTRICT above, a large kennel is allowed with the approval of a major use permit. 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 e 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. While there is an open code violation case regarding construction without building permits, this application would resolve this matter. This code case is being held open but not being enforced pending the outcome of this hearing. ..Recommended Action Staff recommends that the Board of Supervisors take the following actions: A. Adopt a Mitigated Negative Declaration, based on Initial Study 15-35, for UP 15-16 with the following findings: 1. This project is consistent with land uses in the vicinity. 2. This project is consistent with the Lake County General Plan, the Lower Lake Area Plan and the Zoning Ordinance. 3. This project will not result in any significant adverse environmental impacts. 4. The project will result in effects to fish and wildlife habitat and is subject to the California Department of Fish and Wildlife filing fee, alternatively, a No Effect Determination may be issued by the California Department of Fish and Wildlife. B. Approve UP 15-16 subject to the conditions listed in Attachment B and with the findings listed above in this Board Memo. Sample Motions: Appeal Denial I move that the Board of Supervisors make an intended decision to deny the appeal AB 16-05 filed by Durand Duin of the Appeal of the approval of Use Permit UP 15-16 that was approved by the Planning Commission, and direct County Counsel to prepare proposed findings of fact. If the appeal is denied and the project approved, the following motions also need to be read. Adoption of Mitigated Negative Declaration I move that the Board of Supervisors find that, on the basis of Initial Study No. 15-35 and the mitigation measures that have been added to the project, the use permit for a large kennel to establish an animal care facility for a maximum number of twenty elderly cats and fourteen elderly dogs as applied for by Blythe Lucero will not have a significant effect on the environment and, therefore, adopt the mitigated negative declaration with the findings listed in this Board Memo dated November 8, 2016 Use Permit Approval I move that the Board of Supervisors find that Use Permit UP 15-16 to allow a large kennel on a twelve acre parcel proposing to establish an animal care facility for a maximum number of twenty elderly cats and fourteen elderly dogs on property located at 11767 Candy Lane Lower Lake does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and grant the Major Use Permit subject to the conditions and with the findings listed in this Board memo dated November 8, 2016. If the appeal is approved and the project denied, the following motion needs to be read. Appeal Approval I move that the Board of Supervisors make an intended decision to approve the appeal AB 16-05 filed by Durand Duin of the approval of Use Permit UP 15-16 that was approved by the Planning Commission on October 27, 2016, and deny Use Permit UP 15-16 and direct County Counsel to prepare proposed findings of fact. The decision of the Board shall be final, conclusive and effective immediately.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J Huchingson, County Administrative Officer DATE: December 6, 2016 SUBJECT: Ordinance Establishing Article XXVIII in Chapter 2 of the County Code Providing the Authority and Procedures for Adopting and Administering a Master Fee Schedule. EXECUTIVE SUMMARY: In accordance with your Board's direction, staff has been engaged in the development of a Master Fee Schedule to provide the public with a convenient and transparent single source that reflects all County service fees. In order to adopt a Master Fee Schedule, it is necessary to first establish the corresponding authority and procedures. Consequently, presented for your consideration is an Ordinance which authorizes the use of a Resolution to both adopt a Master Fee Schedule and to make subsequent adjustments thereto. Soon after the effective date of this Ordinance, staff will present the Resolution which will serve to adopt the inaugural Master Fee Schedule. Once adopted, the intent is to update the Master Fee Schedule annually as part of the budget process and other times as needed. The proposed Ordinance also provides for automatic adjustment of state and federal fees without benefit of an amending Resolution when, in those rare occasions, it is necessary to timely apply adjustments in order to maintain compliance with said laws. The approach envisioned by the attached Ordinance will not only provide a user-friendly document for the public but will also streamline the process of adjusting fees. FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): None STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Staff recommends adoption of the Ordinance Establishing Article XXVIII in Chapter 2 of the County Code providing the authority and procedures for adopting and administering the Master Fee Schedule. This Ordinance will require the standard two readings provided your Board take action to advance the Ordinance for consideration of passage.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Robert Massarelli, AICP Community Development Director DATE: December 6, 2016 SUBJECT: (Continued from November 22, 2016) - Consideration of Adopting Resolution Pertaining to Rebuilding of Anderson Springs EXECUTIVE SUMMARY: As you well know, there are numerous issues facing the rebuilding of Anderson Springs. The issues are so complex each lot is different and there is no one right answer. Over the past few months, the staff has been trying to address each subject and develop a comprehensive approach. Based on our efforts, the staff has developed a comprehensive policy statement to give guidance on how to proceed. One of the more complex issues deals with the setback from the top of bank and the floodway that exists in the area. Part of the challenge has been the lack of a definition for the top of bank as well as a need for clarification as to rebuilding in light of the Zoning Ordinance, Chapter 21 and Floodplain Management, Chapter 25 of the Code of Ordinance. Since the November 22, 2016 board meeting I have worked with the County Counsel fine tuning some of the language of the proposed policy. Attached is a policy statement regarding the rebuild of Anderson Springs. Several topics are addressed. The staff recommends approval of the attached resolution approving the proposed Anderson Springs Rebuilding Policies. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: The staff recommends Adopting Resolution Pertaining to Rebuilding of Anderson Springs

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Robert Massarelli, AICP Community Development Director DATE: November 24, 2016 SUBJECT: (Second Reading) - Consideration of an Ordinance Amending Chapter 5 of the Lake County Code and Adopting by Reference the 2016 California Building Standards Code, known as the California Code of Regulations EXECUTIVE SUMMARY: Periodically, the various building codes are updated by the California Building Standards Commission. The 2016 California Administrative Code California Code of Regulations, Title 24, Part 1 also known as the California Building Code Standards Code becomes effective January 1, 2017. Chapter 5 Building Regulations of the County of Lake Code of Ordinances adopts the California Building Code. In order to be compliant with the State Code that Chapter needs to be amended adopting the 2016 Code. The attached Ordinance amends to the appropriate sections to accomplish the require changes. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: The staff recommends adoption of an Ordinance Amending Chapter 5 of the Lake County Code and Adopting by Reference the 2016 California Building Standards Code, known as the California Code of Regulations

..Title ..Body MEMORANDUM TO: The Honorable Board of Supervisors FROM: Anita L. Grant, County Counsel DATE: November 23, 2016 SUBJECT: Consideration of a Resolution for an Exception to the 180-Day Wait Period Pursuant to Government Code sections 7522.56 and 21224 for Mark Dellinger EXECUTIVE SUMMARY: The Human Resources Department has prepared the attached Resolution for an Exception to the 180-Day Wait Period Pursuant to Government Code sections 7522.56 and 21224 for Mark Dellinger. Mark Dellinger is able to provide the County with certain expertise and historical context which cannot be provided by anyone else and which will be extremely beneficial to the County in an ongoing litigation matter and such assistance will be necessary prior to the passage of his 180-day waiting period generally required before retired annuitants are allowed to return to limited employment with the agency from which they have retired. Government Code section 7522.56 provides an exception to the 180-day waiting period, but that code section may not apply if the retired annuitant accepts any retirement-related incentive. By adopting this resolution, your Board is certifying that Mark Dellinger has not and will not receive any retirement-related incentives. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: If acceptable to your Board, the resolution may be offered for passage. Thank you.

..Title ..Body MEMORANDUM TO: The Honorable Board of Supervisors FROM: Anita L. Grant, County Counsel DATE: November 23, 2016 SUBJECT: Consideration of a Second Amendment to the Agreement with Porter Scott for Specialized Legal Services in Connection with Lakeside Heights HOA, el al. v. County of Lake, et al. EXECUTIVE SUMMARY: As your Board is aware, the County has entered into an agreement retaining Porter Scott for the provision of specialized legal services in regard to the above-referenced matter. Before your Board is a second amendment to that agreement increasing the maximum amount payable under the agreement to $400,000. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: By motion your Board may approve the amendment to the agreement with Porter Scott. Thank you for your consideration of this matter.

..Title ..Body MEMORANDUM TO: The Honorable Board of Supervisors FROM: Kathy Ferguson, Human Resources Director DATE: November 21, 2016 SUBJECT: Consideration of approval of side letters with all bargaining groups and amendments to Management and Confidential A & B Resolutions related to the payment of County sponsored basic life insurance and Opt Out provisions for the 2017 plan year and authorize the Board Chair to sign all. EXECUTIVE SUMMARY: On August 23, 2016 your Board authorized the Human Resources Director to conduct meet and confer with the unions regarding both the separate payment of life insurance beginning January 1, 2017 and the changed requirements to qualify for Opt Out contributions beginning January 1, 2017 and adopt side letters that reflect those changes. Side letters have been signed by all of the bargaining units that require signature. Staff has also prepared amendments to the Resolutions for Management and Confidential A and B reflecting those same changes. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends that your Board: 1) Approve the attached side letters with the Lake County Employees Association, the Lake County Correctional Officers Association; the Lake County Deputy Sheriffs Association; the Lake County Safety Employees Association; the Lake County Deputy District Attorneys Association; 2) Approve the amendments to the Management and Confidential A and Confidential B Resolutions; and 3) authorize the Board Chair to sign all of the above documents

..Title ..Body MEMORANDUM TO: The Honorable Board of Supervisors FROM: Kathy Ferguson, Human Resources Director DATE: November 21, 2016 SUBJECT: Consideration of delegating authority to the Human Resources Director to take whatever steps are necessary to amend the Flexible Spending Account (FSA) and the Health Savings Account (HSA) agreements to reflect maximum contributions consistent with those allowed by the IRS for that plan year. EXECUTIVE SUMMARY: Each year the IRS reviews and may make adjustments to the Flexible Spending Account (FSA) maximum limits and the Health Savings Account (HSA) maximum limits. The Health Care FSA maximums increased for plan year 2017. In prior years there have also been decreases. Changes need to be made by December 31 each year to amend our plans for the following plan year. FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Since the primary purpose of the FSA and HSA plans is to allow employees the tax benefits associated with these plans, and since our plans are designed to conform to IRS maximum limits, staff recommends that: * your Board delegate authority to the Human Resources Director to take whatever steps are necessary each plan year to ensure that the County's Flexible Spending Account (FSA) and Health Savings Account (HSA) agreements are consistent with the IRS maximum contribution limits for that plan year. Alternately, if your Board does not wish to delegate such authority, staff requests that your Board: * approve the attached amendment to the FSA plan for plan year 2017, and * authorize the Board chair to sign it.

MEMORANDUM TO: Board of Supervisors FROM: Lars Ewing, Public Services Director DATE: November 14, 2016 SUBJECT: Consideration of Conceptual Approval for the Purchase of Real Property for the Lower Lake Parks Maintenance Shop EXECUTIVE SUMMARY: The Public Services Department's parks maintenance shop in Lower Lake was a complete loss in the Clayton Fire. Fortunately the facility was insured and it is staff's intent to rebuild a new shop at the same location. The site has been cleared of fire debris and the department is in the process of selecting a design firm to prepare the construction documents for the replacement facility. One limiting factor of rebuilding on the existing parcel, however, is a lack of secured parking for county vehicles and equipment. The relatively small size of the parcel combined with the size of the shop caused the need for county vehicles to be parked on the street. Additionally staff had inefficiently been transporting parks equipment to other county locations for temporary storage on a near daily basis. The building on the privately owned adjoining parcel to the North was also a complete loss as a result of the Clayton Fire. Staff has communicated with the property owner's agent about the possibility of the County purchasing the property for future use as a secured parking area, and the owners have expressed a willingness to consider selling. The attached map depicts the parcels in question. The department has coordinated this concept with the County Administrative Office, conferred with the space committee about the property needs in order to identify if there are other potential County properties that may be available instead of the identified parcel, and discussed the concept with Supervisor Comstock, all requirements of the County's policy for the purchase of real property. To move forward, the policy requires Board of Supervisors conceptual approval prior to appraising the property or negotiating with the owners. Should the Board grant conceptual approval and mutually agreeable purchase terms can be established with the property owners, staff would next come back to the Board of Supervisors with an option agreement. RECOMMENDED ACTION: Staff recommends that the Board of Supervisors provide conceptual approval to move forward with the next steps in the property acquisition process.

..Title ..Body MEMORANDUM TO: Rob Brown, Chairman, Board of Supervisors FROM: Brian L. Martin, Sheriff/Coroner DATE: November 23, 2016 SUBJECT: Approval of the Department of Boating and Waterways 2017/18 Application for Financial Aid in the amount of $370,829.57 EXECUTIVE SUMMARY: The Sheriff's Department requests Your Boards' approval of the attached Department of Boating and Waterways financial aid application for Fiscal year 2017/18. This application is due to the State by December 31, 2016. A minute order authorizing Sheriff Brian Martin to sign the document is required. Subvention monies from the State, along with County Boat Taxes are utilized to fund the Sheriff/Marine Patrol budget 2205. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): Subvention monies from the State, along with County Boat Taxes are utilized to fund the Sheriff/Marine Patrol budget 2205. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: The Sheriff's Department recommends approval of the Department of Boating and Waterways 2017/18 application for financial aid in the amount of $370,829.57