Board Of Supervisors — Tuesday, January 24, 2017

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, County Administrative Officer DATE: January 24, 2017 SUBJECT: Adopt Resolution Amending Resolution No. 2016-178 Pertaining to Tax Revenue Exchange for Annexation to County Service Area No.2 - Spring Valley Water System (Annexation - LAFCO Project # 2016-01) to Correct a Typographical Error. EXECUTIVE SUMMARY: On December 6, 2016, the Board adopted Resolution No. 2016-178. 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 #2016-01). 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. 2016-178 Pertaining to Tax Revenue Exchange for Annexation to County Service Area No.2 - Spring Valley Water System (Annexation - LAFCO Project # 2016-01) to Correct a Typographical Error.

..Title ..Body MEMORANDUM TO: Board of Supervisor FROM: William Davidson, Director, Lake County Animal Care & Control DATE: January 24, 2017 SUBJECT: (a) Adopt Resolution Amending Resolution No. 2016-144 to Amend the FY 2016-17 Adopted Budget by Adjusting Revenues and Appropriations in Budget Unit 2703 - Animal Control; and (b) Authorize the Asst. Purchasing Agent/Animal Care and Control Director to sign a purchase order for the custom built 24' Charmac Trailer from California Custom Trailers of Elk EXECUTIVE SUMMARY: Lake County Animal Care & Control, in conjunction with L.E.A.P., their animal disaster response group, has been awarded $16,000 from the ASPCA for the purchase of a disaster response trailer capable of housing and caring for displaced pets during times of need. The trailer we have chosen is a custom built Charmac 24' Stealth Car Model travel trailer with air conditioning, indoor/outdoor lighting, storage capacity, easy clean surfaces, and e track tie down rails in order to properly secure all equipment. This trailer is being offered by California Custom Trailers & Power Sports in Elk Grove California for the price of $15,999 (including tax). Since this grant funding was not anticipated in this year's budget, it needs to be appropriated by resolution. 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: (a) Approve Resolution amending Resolution No. 2016-144 to amend the FY 2016-17 adopted budget by adjusting Revenues and Appropriations in Budget Unit 2703 - Animal Control; and (b) Authorize the purchase of the Custom built 24' Charmac Trailer from California Custom Trailers of Elk Grove, California

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Cathy Saderlund, Auditor-Controller/County Clerk DATE: December 5, 2016 SUBJECT: Resolution to the Board Amending Exhibit "A" and adopting Title 2, California Code of Regulations, �18730 to the County Conflict of Interest Code EXECUTIVE SUMMARY: The Political Reform Act requires every agency to review its conflict of interest code biennially and to notify the code reviewing body if their current code is accurate, or alternatively, that their code must be amended. Pursuant to Government Code Section 82011, subdivision (b) the Board of Supervisors is the code reviewing body for all county agencies and all local government agencies, other than a city agency whose jurisdiction is wholly within the County. This item is an update on the status of the review of the County Conflict of Interest Code for 2016. Recommended amendments are required to update the positions on the County of Lake Conflict of Interest Code, Exhibit A. The disclosure category descriptions can be found on Exhibit B. Please find attached a Resolution amending Exhibit "A" and adopting Title 2, California Code of Regulations, �18730 to the County Conflict of Interest Code. 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: Adopt Resolution to the Board Amending Exhibit "A" and adopting Title 2, California Code of Regulations, �18730 to the County Conflict of Interest Code.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Todd Metcalf Interim Behavioral Health Director DATE: January 24, 2017 SUBJECT: Approve the Second Amendment to the Agreement between the County of Lake and Victor Treatment Centers, Inc. for Specialty Mental Health Services for Fiscal Year 2016-17 in the amount of $155,000 and authorize the Board Chair to sign the Amendment. EXECUTIVE SUMMARY: Attached, for your approval, is the Second Amendment to the Agreement between the County of Lake and Victor Treatment Centers, Inc. for Children Specialty Mental Health Services for Fiscal Year 2016-17. Under the Agreement, Lake County Behavioral Health (LCBH) is obligated to pay for Specialty Mental Health Services at Victor Treatment Centers, Inc.'s current negotiated rate. BACKGROUND AND DISCUSSION: Victor Treatment Centers, Inc.'s facility in Santa Rosa, CA is an RCL14 placement for children and youth in need of a more intensive program milieu. As additional Lake County Medi-Cal beneficiaries have been placed at Victor Treatment Centers, Inc.'s Santa Rosa facility by Lake County Child Welfare Services (CWS) or Probation, Lake County Behavioral Health would like to increase the contract maximum by $55,000 for a new contract maximum of $155,000. 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. 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 _X_Budgeted __Non-Budgeted Contract Amount (With Amendment): $155,000 Unobligated Funds for Amendment: $ 57,641 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 Second Amendment to the Agreement with Victor Treatment Centers, Inc. for Fiscal Year 2016-17 for an increase of $55,000 for a new contract maximum of $155,000. The funds for this increase will be re-allocated from unassigned budgeted 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, 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 Second Amendment to the Agreement between the County of Lake and Victor Treatment Centers, Inc. for Children's Specialty Mental Health Services for Fiscal Year 2016-17 in the amount of $155,000 and authorize the Board Chair to sign the Amendment.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Denise Pomeroy, Health Services Director DATE: January 24, 2017 SUBJECT: Approve Advanced Step Hire for Mr. Teale Love as an Extra Help Hazardous Materials Specialist II EXECUTIVE SUMMARY: County of Lake Environmental Health Division has the opportunity to hire Mr. Teale Love as an Extra Help Hazardous Materials Specialist II. Mr. Love brings back to the county a long history of experience including business inspections, training and both underground tank and hazardous materials inspections. Both Kathy Ferguson, Human Resources Director, and I believe his value warrants a starting wage at the advanced step. Please consider a request to allow us to hire Teale Love as an Extra Help Hazardous Materials Specialist II at the fifth step ($29.29). 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: Approve Advanced Step Hire for Mr. Teale Love as an Extra Help Hazardous Materials Specialist II Your Board's approval is requested and recommended. Thank you for your continued support.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Denise Pomeroy, Health Services Director DATE: January 24, 2017 SUBJECT: Approve Long Distance Travel April 24, 2017 through April 28, 2017 to Atlanta, Georgia for Kimberly Baldwin, Program Coordinator Emergency Preparedness, Public Health Division. Travel and all associated costs, including airfare, meals, airline baggage fees, ground transportation, hotel and airport parking are fully funded through the Emergency Preparedness grant. EXECUTIVE SUMMARY: Kimberly Baldwin, Program Coordinator in the Public Health Emergency Preparedness Program has been invited to attend the 2017 Preparedness Summit in Atlanta, Georgia in April 2017. The focus of this Summit is to explore the factors driving change in our world, analyze how they will impact the future of public health preparedness, and identify opportunities we have today to drive action toward meeting our future needs. The goal is to provide a venue where participants are exposed to current information, research findings, and practical tools to enhance the participants' capabilities to plan and prepare for, respond to and recover from disasters and other public health emergencies. Travel and all associated costs, including airfare, meals, airline baggage fees, ground transportation, hotel and airport parking are fully funded through the Emergency Preparedness grant. As Health Services Director, I fully support Ms. Baldwin's attendance. 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): ..Recommended Action RECOMMENDED ACTION: Approve Long Distance Travel April 24, 2017 through April 28, 2017 to Atlanta, Georgia for Kimberly Baldwin, Program Coordinator Emergency Preparedness, Public Health Division. Travel and all associated costs, including airfare, meals, airline baggage fees, ground transportation, hotel and airport parking are fully funded through the Emergency Preparedness grant. Your Board's approval is requested and recommended. Thank you for your consideration of this request for long distance travel.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Denise Pomeroy, Health Services Director DATE: January 24, 2017 SUBJECT: Approve Long Distance Travel February 5, 2017 through February 7, 2017 to the Centers for Disease Control (CDC) in Atlanta, Georgia for Jessica Hamner, Program Coordinator Public Health Division to participate in the 2017 CDC E-Learning Institute. EXECUTIVE SUMMARY: Jessica Hamner, Program Coordinator in the Public Health Accreditation Program has been selected from a large pool of worldwide applicants, of which only 12 were chosen to participate in the 2017 CDC E-Learning Institute. The CDC E-Learning Institute (ELI) is a 4 month online fellowship designed to cultivate skills of public health training professionals with limited experience designing or developing e-learning products. Through partnership with the Public Health Foundations, ELI offers access to CDC-developed materials and subject matter experts, as well as the opportunity to learn from peers. The benefits that Ms. Hamner will be exposed to include competency in instructional design and e-learning best practices, interaction with public health e-learning mentors at CDC and elsewhere, collaboration and networking with public health training professionals in federal, state, local, tribal, international, academic, or hospital settings and development of a functional online training product in 4 months. This opportunity will also help her as she continues to train and educate staff moving forward with Accreditation. Travel and all associated costs, including airfare, meals, airline baggage fees, ground transportation, hotel and airport parking are covered by the Public Health Foundation. There is no cost to the Department or to the County. As Health Services Director, I fully support Ms. Hamner's attendance. 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): ..Recommended Action RECOMMENDED ACTION: Approve Long Distance Travel February 5, 2017 through February 7, 2017 to the Centers for Disease Control (CDC) in Atlanta, Georgia for Jessica Hamner, Program Coordinator Public Health Division to participate in the 2017 CDC E-Learning Institute. Your Board's approval is requested and recommended. Thank you for your consideration of this request for long distance travel.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Denise Pomeroy, Health Services Director DATE: January 24, 2017 SUBJECT: Rescind the "Interim Inter-Facility Transfer Operating Procedures for Lake County Ground Ambulance Providers". Due to changes which occurred in 2016, the interim procedure presently serves no useful purpose and will be of no assistance in the future. EXECUTIVE SUMMARY: On February 4, 2014, the Lake County Board of Supervisors approved the "Interim Inter-Facility Transfer Operating Procedures for Lake County Ground Ambulance Providers." This document was developed by Lake County Health Services Department through a collaborative process with the local hospitals, ambulance providers and the transfer center that was utilized by both hospitals at that time. Though not enforceable or binding, the document was put forth to facilitate operational coordination among the stakeholders, and Lake County Health Services Department facilitated the development of the procedure. Under the current ambulance ordinance, the county does not have regulatory authority over ambulances that perform inter-facility transfers between health facilities. Although not fully implemented in all respects, this document has provided a point-of-reference since its approval. Starting in mid-2016, some organizational changes rendered this interim operating procedure much less relevant. In particular, one local hospital exercised its option to arrange for a separate inter-facility transfer center and private inter-facility ambulance provider. More recently, the Lake County Fire Chief's Association developed a new "Standard Operating Procedure" (attached) that takes into account the current inter-facility ambulance structural arrangements as they apply to both local hospitals. This document was discussed at the December 21, 2016 meeting of the Emergency Medical Care Committee. Although the procedure may require further discussion among the stakeholders, there was a commitment to move forward with additional meetings to refine and optimize procedures. When finalized, these operating procedures developed by the Fire Chiefs' Association will provide a current and effective means of addressing inter-facility ambulance-related events and concerns as they relate to the County, which will be superior to the interim procedure previously prepared by Health Services. Given the above changes, which occurred in 2016, the interim procedure presently serves no useful purpose and will be of no assistance in the future. 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: Rescind the "Interim Inter-Facility Transfer Operating Procedures for Lake County Ground Ambulance Providers". Due to changes which occurred in 2016, the interim procedure presently serves no useful purpose and will be of no assistance in the future. Thank you for your consideration of this request.

..Title ..Body MEMORANDUM TO: The Honorable Board of Supervisors FROM: Sarah Jansen, Deputy Human Resources Director DATE: January 19, 2016 SUBJECT: Adopt Resolution Amending Resolution No 2016-145 Establishing Position Allocations for Fiscal Year 2016-2017 for Budget Unit 2201, Sheriff-Coroner EXECUTIVE SUMMARY: On December 6, 2016, your Board approved Resolution 2016-181 to establish a salary grade and salary for the OES Assistant position allocated in the Sheriff-Coroner's Department. It was subsequently discovered that there was a typographical error in this resolution that needs to be corrected. Staff requests your Board's approval of the attached resolution correcting this typographical error and establishing the OES Assistant position in County service at grade A18. 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 Resolution Amending Resolution No 2016-145 Establishing Position Allocations for Fiscal Year 2016-2017 for Budget Unit 2201, Sheriff-Coroner

MEMORANDUM TO: Board of Supervisors FROM: Lars Ewing, Public Services Director SUBJECT: Approve renewal and extension of lease agreement between the County of Lake and Suburban Propane for the property located at 7200 South Center Drive, Clearlake, Ca. in the amount of $1,000 per month for use as a temporary parks maintenance operations facility; and authorize the Public Services Director to sign. DATE: January 3, 2017 EXECUTIVE SUMMARY: As the Board is aware, 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 using insurance proceeds. In the meantime the County entered into a short-term lease agreement with Suburban Propane for the use of their building and parking area located at 7200 South Center Drive in Clearlake as a temporary parks maintenance facility. The current lease is approved from September 1, 2016 through February 28, 2017, with the option to renew. Given the schedule for the design and construction of a replacement facility in Lower Lake, we are requesting an extension of the lease agreement through February 28, 2018. Payment for the lease is included in the County's insurance coverage, and we will revisit the need for the lease as we progress through the rebuilding process in Lower Lake. RECOMMENDED ACTION: Staff requests that the Board of Supervisors approve the renewal and extension of the current lease agreement which expires February 28, 2017 between the County of Lake and Suburban Propane for the property located at 7200 South Center Drive, Clearlake, Ca. in the amount of $1,000 per month for use as a temporary parks maintenance operations facility; and authorize the Public Services Director to sign.

MEMORANDUM TO: Board of Supervisors FROM: Lars Ewing, Public Services Director DATE: January 12, 2017 SUBJECT: Adopt Resolution Authorizing the Application for Grant Funds from the California Parks and Recreation Department, Division of Boating and Waterways Boat Launch Facility Grant Program for the Lucerne Harbor Boat Launching Improvements Project EXECUTIVE SUMMARY: The State's Division of Boating and Waterways Boat Launching Facilities (BLF) grant program provides funding to aid public agencies in the development and improvement of facilities such as boat launching ramps, boarding floats, and associated boating facilities. The County has identified a need to increase the availability of tie-up facilities for transient boaters at the Lucerne Harbor, as well as perform associated improvements to the existing tie-up facilities. The infrastructure improvements proposed for the BLF grant application would enhance public access to and from Clear Lake and Lucerne Harbor Park, as well as the community and businesses within Lucerne. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): Although the BLF grant program does not require a local match, the County is prepared to provide approximately 25% of the grant amount in local funds for the project from a combination of General Fund and Quimby Park Development Fees. RECOMMENDED ACTION: Adopt a Resolution authorizing the Public Services Director to sign and submit a grant application for $434,000 to the California Parks and Recreation Department Division of Boating and Waterways Harbors and Watercraft Revolving Fund for the Lucerne Harbor Boat Launch Improvements Project.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Jan, Coppinger Administrator DATE: January 24, 2017 SUBJECT: Adopt Resolution accepting the CSA-22 Mt. Hannah Water Main Project as complete and authorize the CSA-22 Administrator to sign the Notice of Completion EXECUTIVE SUMMARY: The Contract for the construction of the subject project, as authorized under the Agreement dated September 29, 2016, was satisfactorily completed on December 14, 2016. The attached Resolution authorizing the signature of the Administrator on the Notice of Completion has been prepared for your consideration. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): The project was funded by the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) and administered by the California State Department of Water Resources. Design and Construction costs of approximately $138,000 were funded 100% by the grant. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Adopt Resolution accepting the CSA-22 Mt. Hannah Water Main Project as complete and authorize the CSA-22 Administrator to sign the Notice of Completion

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott DeLeon, Public Works Director DATE: January 24, 2017 SUBJECT: Adopt Proclamation Honoring Eric Seely for his Years of Dedicated Service to Lake County. EXECUTIVE SUMMARY: For personal reasons related to his family's agricultural business, Eric Seely decided to end his employment with Lake County, with his final day being Friday January 20th. This Proclamation will honor Eric and his many accomplishments while an employee with the County of Lake. ..Recommended Action RECOMMENDED ACTION: Adopt a Proclamation honoring Eric Seely for his years of dedicated service to Lake County. Attachment

..Title ..Body MEMORANDUM TO: Rob Brown, Chairman, Board of Supervisors FROM: Brian Martin, Sheriff/Coroner DATE: January 20, 2017 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: January 20, 2017 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: Robert Massarelli, Community Development Director By: Michael Penhall, Code Enforcement Officer SUBJECT: Nuisance Abatement Hearing Request for Stiritz/The Precious Forest January 24, 2017 BOS Agenda, at 9:45 A.M. DATE: December 20, 2016 EXECUTIVE SUMMARY: On October 26, 2016, Community Development staff received a Nuisance Abatement Hearing Request Form from the property owner representative Ken Stiritz; see Attachment 1. The Hearing Request form listed the reasons why Mr. Stiritz believes the property should not be considered a public nuisance. The Hearing Request was received due to a Notice of Nuisance and Order to Abate; see Attachment 2, being posted on the property and sent certified mail to the property owner(s) of record. This property is 1.5 acres, zoned "CR" Resort Commercial with only a permitted single family residence located in the Lakeview Pines Subdivision No 1 of Lake County. This property also has multiple "previously occupied", unpermitted, tent like structures/cabins that were being used for special events without the proper permits. A Major Use permit was applied for on February 6, 2015 but has "not" been approved to date. This has been due to insufficient information submitted by the applicant on the project and due to multiple changes by the applicant to the project after initial submittal to the Community Development Department. The Lake County Zoning Ordinance; Chapter 21, Sections 2.4, 2.6, 17.5 and 2013 and 2016 California Building Code; Chapter 1, Section 1.8.4.1 does not allow for building without permits. The construction that has been performed is substandard due to the lack of permits and could be difficult to bring into compliance with the current California Building Code(s). And since no building permit application(s) have been submitted, or a building permit obtained, staff does not have information concerning compliance with any setbacks, seasonal streams, driveway, parking or requirements from other local and state agencies. A drive-by site visit was conducted on October 17, 2016 and it was confirmed that many violations of Lake County and California Codes existed. On October 25, 2016, Code Enforcement staff obtained an Inspection Warrant from a Lake County Superior Court Judge to enter the property and inspect for violations. Code Enforcement staff also coordinated with Lake County Environmental Health and the Lake County Sheriff's office to assist in the inspection. On October 26, 2016, staff from Code Enforcement, Environmental Health and a Deputy from the Lake County Sheriff's Office entered the property without resistance. Upon Code Enforcements inspection, many violations were observed. Environmental Health will be conducting a separate investigation and determination of this property. On December 7, 2016 a permit; #16-17-0859 was issued for the demolition of two (2) tent structures, three (3) cabins and illegal electrical. Due to the Nuisance Abatement Hearing Request received on October 26, 2016 any future abatement actions are stayed until otherwise resolved before or at the hearing ..Recommended Action Therefore, Code Enforcement Staff recommends that the Board uphold the Notice of Nuisance and Order to Abate dated October 26, 2016 and authorize staff to move forward with the abatement process and clean up the property of any remaining open and outdoor storage, demolish any/all remaining unpermitted or substandard building(s) located on the property unless directed by the Board to do otherwise.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Robert Massarelli, Community Development Director By Keith Gronendyke, Associate Planner SUBJECT: (Continued from January 3, 2017, December 13, 2016, September 13, 2016, August 23, 2016, July 26, 2016 and June 28, 2016) Verizon Wireless Appeal (AB 16-01) of denial of Use Permit (15-10) Supervisorial District 4 DATE: June 8, 2016 EXHIBITS: A. Appeal Form and attached documents B. Planning Commission Staff Report Dated December 3, 2015 C. Planning Commission meeting minutes from January 14, 2016. D. Revised documents submitted by applicant. E. Correspondence from surrounding property owners. I. BACKGROUND The applicant is appealing the decision by the Planning Commission on January 14, 2016 to deny an application for a Major Use Permit to construct a new seventy-five foot tall monopole cellular antenna disguised as an evergreen tree for the purpose of increasing cell carrier capacity in the Kelseyville area. Twelve eight foot high panel type antennae, two six-foot diameter microwave dishes and assorted required equipment would be mounted on the mono-tree antenna, while various ground based equipment would be located at the base of the antenna tower including four equipment cabinets, a 30 KW diesel powered electrical generator and a 132 gallon diesel fuel tank. A six-foot tall chain link fence with privacy slats and topped by barbed wire would surround the 2,500 square foot lease area. Access to the site would be from a twenty-foot wide non-exclusive access easement located off of Staheli Drive. As required by Article 71 of the Zoning Ordinance, the applicant has made provisions for future co-location from other cellular communication companies on the proposed mono-tree. II. APPEAL DISCUSSION The appeal to the above noted denial of Use Permit UP 15-10 was filed on January 20, 2016, by Andrew Lesa of Epic Wireless Group for Verizon Wireless. Along with the appeal form, Mr. Lesa attached verbiage detailing the reason for the appeal including the following purported violations of United States Code: 47 U.S.C.332(c)(7)(b)(i)(ii) which reads: (i)"The regulation of the placement, construction and modification of personal wireless service facilities by any State or local government or instrumentality thereof- (I) shall not unreasonably discriminate among providers of functionally equivalent services and (II)shall not prohibit or have the effect of prohibiting the provision of personal wireless services." (ii) "A state or local government or instrumentality thereof shall act on any request for authorization to place, construct or modify personal wireless service facilities within a reasonable period of time after the request is filed with such government or instrumentality, taking into account the nature and scope of such request." (iii) "Any decision by a State or local government or instrumentality thereof to deny a request to place, construct or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record." In response to the above, staff offers the following: (i) (I) There was no discrimination to the applicant as to other relevant applications for the installation of cellular antennas in Lake County. In fact, the Planning Commission recently approved two other sites for the installation of Verizon associated mono-tree antennae. (II) Because the County of Lake accepted and processed Verizon's application for the proposed cellular antenna, it shows that there is no prohibition of personal wireless services by the County. (ii) The application for the Verizon antenna site was submitted on June 2, 2015 and brought to the Planning Commission on January 14, 2016 per an agreement with Mr. Andrew Lesa, the representative for Verizon. As such, the County processed the application in a reasonable time. (iii) In a letter dated January 14, 2016 (see attachment A), Planning staff notified the applicant Epic Wireless Group/Verizon Wireless of the denial of their application UP 15-10 to construct a seventy-five foot tall mono-tree cellular antenna. Additionally, the attached minutes of the January 14, 2016 Planning Commission meeting includes Planning Commissioner comments on why they voted to deny the above noted application. At the Planning Commission meeting of January 14, 2016, the Planning commissioners heard comments from nine neighboring property owners objecting to the placement of the proposed mono-tree cell tower in proximity to their residences, reasons given include being an "eyesore", "negatively affect property values", "would be degrading to the area", and "was inappropriate in a small residential area." There were also concerns about the large fuel tank associated with the diesel electricity backup generator and one speaker wondered who would be maintaining the tree. There was not a representative present for Verizon who could address the above noted questions and concerns. As such, the Commission voted to deny Verizon Wireless' Use Permit application. Subsequent to the Planning Commission's denial, planning staff identified several locations as possible alternatives to the project site that would not generate anxiety for neighboring residents. The applicant has submitted revised plans along with photo simulations for the project along with an alternative site analysis and reasons for rejection as noted below: 4695 Cole Creek Road: Suggested alternative by the County of Lake's Planning Department was rejected because the site was deemed too far south from the targeted area of the State Highway 29 corridor (see attached information supplied by applicant). 4820 Loasa Road: Suggested alternative by the County of Lake's Planning Department was rejected because the site was deemed too far north from the targeted area of the State Highway 29 corridor (see attached information supplied by applicant). 6738 Live Oak Drive: Suggested by the Kelseyville Business Association was rejected because it would require the height of the tower to be taller than the proposed tower at the Staheli Drive location and the coverage would not be as comprehensive (see attached information supplied by applicant). Additionally, the applicant has since made minor changes to the project proposal by reducing the height of the proposed facility from seventy-five feet to sixty-four feet. Other than this, all other aspects of the project remain the same. III. CONCLUSION The Planning Commission denied the Major Use Permit for the construction of a seventy-five foot mono-tree cellular antenna on January 14, 2016 for property located at 5660 Staheli Drive in Kelseyville for the following reasons: 1. The Public input on the project indicated that the site location was inappropriate due to surrounding residential and rural property uses. 2. The staff report indicated that the proposed use was outside the parameters of the land use guidelines in that the proposal did not comply with the majority of Policy PFS-7.3 Siting of Telecommunications Infrastructure of the County of Lake's General Plan, which stipulates in part that: "visual impacts of wireless telecommunications facilities shall be minimized to the greatest extent possible and * Located away from residential and open space areas; and * When possible, are located on existing buildings, existing poles or other existing support structures; and..." Staff noted in the Planning Commission staff report that: "the project site would not be located away from residences, as there is a small subdivision of houses to the west and an undeveloped subdivision to the north. It also will not be located away from open space areas, as surrounding properties to the east and south are sparsely developed with mostly open space surrounding them. Additionally, it is not possible to place the structure, or a similar one, on existing building, poles or other structures." Additionally in support of number 2 above, six specific findings are required to be made to approve a major use permit. One of these findings is: 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 above, this project is not completely in conformance with Policy PFS-7.3 Siting of Telecommunications Infrastructure of the County of Lake's General Plan. ..Recommended Action Sample Motions: Appeal Approval I move that the Board of Supervisors make an intended decision to grant appeal AB 16-01 and overturn the Planning Commission's denial of Use Permit UP 15-10 applied for by Epic Wireless Group for Verizon Wireless for property located at 5660 Staheli Drive in Kelseyville, and direct County Counsel to prepare findings of fact before remanding the project back to the Planning Commission for completion of the Environmental review. Appeal Denial I move that the Board of Supervisors make an intended decision to deny the appeal AB 16-01 and sustain the Planning Commission's denial of Use Permit UP 15-10 applied for by Epic Wireless Group for Verizon Wireless for property located at 5660 Staheli Drive in Kelseyville, and direct County Counsel to prepare findings of fact.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carolyn Purdy, Asst. Clerk of the Board DATE: January 18, 2017 SUBJECT: Consideration of Advisory Board appointments EXECUTIVE SUMMARY: Fish & Wildlife Advisory Council: Eight (8) vacancies Application Received: Kirk Andrus - incumbent Middletown Cemetery District: Two (2) vacancies Application Received: Linda Diehl-Darms - incumbent MCAH Advisory Board: Nine (9) vacancies Application Received: Teresa Stewart - incumbent Spring Valley CSA #2 Advisory Board: Four (4) vacancies Application Received: Luther "Monte" Winters - incumbent Helen Mitcham - incumbent 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:

..Title ..Body MEMORANDUM TO: The Honorable Board of Supervisors FROM: Anita L. Grant, County Counsel DATE: January 24, 2017 SUBJECT: Consideration of Findings of Fact and Decision in the Appeal of Durand Duin - AB 15-16 [Project Applicants Blythe Lucero and Vincent A. Corbella] EXECUTIVE SUMMARY: Pursuant to your Board's statement of Intended Decision in the above matter on December 13, 2016, I have prepared the attached Findings of Fact and Decision to support your Board's intended decision. At that time, your Board's vote was unanimously in favor of denying the appeal. ..Recommended Action RECOMMENDED ACTION: If the Findings of Fact are acceptable to you, I would recommend that you take the following two actions: I. Move to approve the Findings of Fact and authorize the Chair to Sign; and II. Move to deny the appeal.

..Title ..Body MEMORANDUM TO: THE HONORABLE BOARD OF SUPERVISORS FROM: ANITA L. GRANT, County Counsel DATE: January 19, 2017 SUBJECT: Sheriff's Request for Legal Representation Pursuant to Government Code section 31000.6 EXECUTIVE SUMMARY: Pursuant to Government Code section 31000.6, upon request of the Sheriff, the Board of Supervisors shall contract with and employ legal counsel to assist the Sheriff in the performance of his duties in any case where the county counsel would have a conflict of interest in representing the sheriff. It is the opinion of Sheriff Martin that the pending litigation, Lake County Correctional Officers' Association v. County of Lake, et al. presents such a conflict. In the event that the Board of Supervisors does not concur with the sheriff that a conflict of interest exists, the sheriff, after giving notice to the county counsel, may initiate an ex parte proceeding before the presiding judge of the superior court. The county counsel may file an affidavit in the proceeding in opposition to, or in support of, the sheriff 's position. The presiding superior court judge that determines in any ex parte proceeding that a conflict actually exists, must, if requested by one of the parties, also rule whether representation by the county counsel through the creation of an ethical wall is appropriate. The factors to be considered in this determination of whether an ethical wall should be created are: (1) equal representation, (2) level of support, (3) access to resources, (4) zealous representation, or (5) any other consideration that relates to proper representation. 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: Direction to staff

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Kathy Ferguson DATE: Wednesday, January 18, 2017 SUBJECT: Consideration of Amendment Three to the Management Resolution (2015-135) clarifying the Board's Original Intent with Regard to Section 1.2.2 Longevity Steps for Elected Department Heads EXECUTIVE SUMMARY: When your Board approved the Management Resolution (2015-135), Section 1.2.2 provided for a 2.5% increase for certain elected officials. Your Board's initial intent was that this longevity pay be compounded, and staff clarified this fact with Matt Perry, then County Administrative Officer, at the time that Resolution (2015-135) was adopted by your Board. The County's Elected Official Action H.R/Payroll Processing form has correctly reflected that compounding since you Board's approval of Resolution (2015-135). It has come to the attention of staff that the language in the Resolution does not make clear the Board's original intent. 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: Approve Amendment Number Three to the Management Resolution (2015-135) clarifying the Board's original intent with regard to Section 1.2.2 and authorize the Chair to sign.

..Title ..Body MEMORANDUM TO: Honorable Board of Supervisors FROM: Barbara C. Ringen, Treasurer - Tax Collector DATE: January 13, 2017. SUBJECT: California State Franchise Tax Board Agreement EXECUTIVE SUMMARY: The Treasurer-Tax Collector requests authorization to use court ordered debt collection services provided by the California Franchise Tax Board through January 31, 2020 in accordance with the attached Agreement number C1600117. Staff recommends approval of the agreement and authorization for the Treasurer-Tax Collector to sign. 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 approval of the agreement and authorization for the Treasurer-Tax Collector to sign.