Board Of Supervisors — Tuesday, July 1, 2014

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: William Davidson, Director, Animal Care & Control DATE: June 25, 2014 SUBJECT: Approval of Grant from the California Department of Food & Agriculture for Altering Community Pitbulls EXECUTIVE SUMMARY: Recently, the Board approved allowing our office to alter community Pitbulls due to our excessively high rate of euthanasia on the breed. The prices we established, which were slightly lower than our normal fees, have shown a significant increase in the number of Pitbulls coming in for alteration. In January of 2014 we applied for a grant from the California Department of Food & Agriculture and were approved for $7500 beginning July 2014. The Grant requirements were that the funds be used to supplement, not replace, the cost of spaying and neutering. Our proposal was specifically for Pitbulls and allows for a 50% discount off our established fees of $50 for a male and $70 for a female, allowing any community member to alter their Pitbull at $25 for males and $35 for females. This grant will further assist us by allowing upwards of 250 additional surgeries for Pitbulls in our community during the 2014/2015 fiscal year. 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: We recommend the Board approve and accept the $7500 Grant from the California State Department of Food and Agriculture.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: June 18, 2014 SUBJECT: Approve Agreement between the County of Lake and Pavement Engineering Inc. for Geotechnical Engineering Services for the Socrates Mine Road Rehabilitation Project in Lake County, CA EXECUTIVE SUMMARY: On April 29, 2014, the Department of Public Works requested proposals for geotechnical engineering services for the subject rehabilitation project. Proposals were received from two consultants, and on June 17, 2014, the Consultant Selection Panel reviewed the proposals and selected Pavement Engineering Inc. as the best qualified firm in accordance with the County policy for review and selection of professional consultants. Staff negotiated the proposed fee with Pavement Engineering Inc. and the agreed-upon fee for their services will not exceed $40,745. The rehabilitation project is 100% funded through the Socrates Mine Road geothermal mitigation trust fund. Staff recommends that the Board of Supervisors approve the Agreement for Geotechnical Engineering Services for the Socrates Mine Road Rehabilitation Project in Lake County, CA with Pavement Engineering Inc. in an amount not to exceed $40,745 and authorize the Chair to execute said Agreement. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $40,750.00 Amount Budgeted: $50,000.00 Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): The rehabilitation project is 100% funded through the Socrates Mine Road geothermal mitigation trust fund. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends that the Board of Supervisors approve the Agreement for Geotechnical Engineering Services for the Socrates Mine Road Rehabilitation Project in Lake County, CA with Pavement Engineering Inc. in an amount not to exceed $40,745 and authorize the Chair to execute said Agreement.

..Title ..Body MEMORANDUM TO: Denise Rushing, Chairman, Board of Supervisors FROM: Francisco Rivero, Sheriff DATE: June 10, 2014 SUBJECT: Wilbur H. Dixon dba MGI-Madeira Group International for FY14/15 Law Enforcement Pre-employment Background Investigations EXECUTIVE SUMMARY: The Sheriff's Office requests approval of the attached Law Enforcement Pre-employment background investigations FY2014/15 contract. On August 2, 2011, Your Board approved a Pre-Employment background investigations contract for MGI-Madeira Group International for background services. Thank you for your consideration of this request. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: 10,000 Amount Budgeted:10,000 Additional Requested:n/a Annual Cost (if planned for future years):20,000 FISCAL IMPACT (Narrative): Background services are currently budgeted in 23.80. STAFFING IMPACT (if applicable):N/A ..Recommended Action RECOMMENDED ACTION:

..Title ..Body MEMORANDUM TO: Denise Rushing, Chairman FROM: Francisco Rivero, Sheriff DATE: June 13, 2014 SUBJECT: Approval of helicopter contracts for FY14/15 EXECUTIVE SUMMARY: The Lake County Sheriff's Office requests Your Boards' approval on the attached helicopter contracts with A&P Helicopters and Sierra Air Helicopters for helicopter services during the current eradication cycle. Helicopter services are utilized by the Sheriff's Office for marijuana reconnaissance and eradication on public and private lands. These services are essential to the effectiveness of the marijuana enforcement program. In past years, the California National Guard has provided these services without cost, but they are now largely unavailable due to reduced resources and other commitments. The contracts are attached for your approval. Helicopter costs are paid from the Marijuana budget 2203 with grant funding from either the US Forest Service or DEA. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: 75,000 Amount Budgeted: 75,000 Additional Requested: n/a Annual Cost (if planned for future years): n/a FISCAL IMPACT (Narrative): Funded by grant funds. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: The Sheriff's Office recommends approval.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Diane Fridley, Registrar of Voters DATE: June 23, 2014 SUBJECT: Consideration of Resolution Addressing Primary Election Held On June 3, 2014 EXECUTIVE SUMMARY: Pursuant to Sections 15372 and 15400 of the Elections Code, I will submit to your Board on July 1st a resolution for your consideration to accept the official canvass and the statement of votes cast for the statewide direct primary election held on June 3, 2014, and to declare, as appropriate, certain Individuals duly elected to specific constitutional offices. The Board will only declare certain county officials elected if a candidate ends up with a majority of votes after all of the ballots have been counted. ..Recommended Action RECOMMENDED ACTION:

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Richard Coel, Community Development Director SUBJECT: Proposed Amendments to Chapter 11 of Lake County Code, Dispensary Regulations DATE: June 16, 2014 ATTACHMENTS: A. Proposed Dispensary Regulations B. Potential Dispensary Location Map Areas DISCUSSION Based upon direction from your Board to draft a new ordinance that could allow for a limited number of dispensaries throughout the County's jurisdiction, staff has prepared the attached ordinance, which we believe could be added to Chapter 11 of the Lake County Code (Business Licenses/Permits). When the new cultivation ordinance was approved in December, your Board indicated a willingness to consider allowing some dispensaries, since dispensaries could provide a 4th option for access to medicinal marijuana by qualifying patients that will not be able to cultivate outdoors under the new cultivation ordinance. Despite still being able to cultivate indoors, joining a collective or designating a primary caregiver to cultivate in a different location, dispensaries could provide a more convenient solution. In drafting this ordinance, a primary concern has been the limited ability of local governments to "permit" an activity that is not legal under federal law. Staff from County Counsel and Community Development researched dispensary ordinances throughout the state and found that most jurisdictions are banning dispensaries. Of the examples of dispensary ordinances that we did find, approximately 2/3rds of them were not located within the jurisdiction's zoning code, but instead were added to either their business license/permit regulations or health and safety regulations. The ordinance drafted by staff is premised upon an annual business permit. The ordinance would specify the operational requirements and could incorporate a series of mapped areas that could be specifically approved by your Board. Attachment B consists of potential dispensary location maps that are spread as evenly as practical throughout the County. These areas have nearby access to bus stops to provide an additional level of convenience to qualifying patients, and meet the setback provisions from schools, improved parks and residences. Staff has prepared these maps to provide your Board with a number of sites to choose from. We recommend that a minimum of 3, but no more than 5 dispensaries be allowed, and that only one dispensary per approved mapped area be allowed. For comparison, Alameda County only allows thee dispensaries. ENVIRONMENTAL REVIEW The purpose of these amendments is to provide regulations for a limited number of dispensaries to be operated in Lake County, to provide an additional option for safe access to medicinal marijuana by qualified patients who are unable to cultivate outdoors at their home. Staff believes that the proposal is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. This section advises that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment, the activity is not subject to CEQA. Staff believes that two additional Sections of CEQA are applicable to the proposed ordinance. Section 15060(C)(2) of the CEQA Guidelines states that "an activity is not subject to CEQA if: ...(2) The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment". ..Recommended Action RECOMMENDATION Staff is recommending that the Board of Supervisors determine the appropriate locations for, and number of dispensaries that are appropriate for unincorporated Lake County, and adopt the proposed ordinance included as Attachment A of this Memo. Staff believes that a minimum of three dispensaries should be allowed, at locations that will provide a relatively even, geographic and population spread, considering that the City of Clearlake allows three dispensaries within their jurisdiction. To assist your Board with determining appropriate areas for dispensaries to be permitted, staff has provided a serious of maps as Attachment B. Once the Board determines the number and location areas for dispensaries, the applicable maps can be integrated into the ordinance by reference (please refer to page 4 of the proposed ordinance). Staff recommends that the Board of Supervisors take the following actions: A. Find that the proposed text amendment to the Chapter 11 of the Lake County Code, adding regulations for the Dispensing of Medical Marijuana, is exempt from the California Environmental Quality Act for the following reasons: 1. Pursuant to Section 15060(C)(2) of the CEQA Guidelines, the proposed ordinance is not subject to CEQA because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. 2. Pursuant to �15061(b)(3) of the CEQA Guidelines, the Board of Supervisors further finds that this proposed ordinance amendment is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. B. Approve the proposed ordinance text amendments to Chapter 11 of the Lake County Code for the following reasons. 3. With the adoption and passage of Ordinance 2997 that limits the manner and locations in which the cultivation of medical marijuana may occur, it is necessary to provide a regulatory framework for a limited number of dispensaries to operate in Lake County. 4. A limited number of dispensaries will provide an additional option for access to medicine by qualifying patients in Lake County. The ordinance amendment will not result in any significant adverse environmental impacts, and the project is exempt from CEQA.

..Title ..Body MEMORANDUM TO: The Honorable Board of Supervisors FROM: Jill Ruzicka, Senior Administrative Analyst DATE: June 26, 2014 SUBJECT: Consideration of a) letter requesting to participate in a pilot program addressing unlawful occupation of residential property as proposed by AB 1513; or b) letter only expressing support of AB 1513 EXECUTIVE SUMMARY: The Lake County Association of Realtors has requested that the County of Lake participate in a pilot program which would be created by AB 1513, which addresses the unlawful occupation of residential property. We have been advised that local realtors are seeing a significant rise in the number of properties occupied by unlawful residents. AB 1513 seeks to provide local government officials the tools they need to combat this problem in a more expeditious manner than existing law. Under existing law, it can take a minimum of 30 to 60 days to evict a squatter. In summary, AB 1513 provides for the following: * A property owner registers a vacant property with the local law enforcement agency. * The property owner retains either a private security company or the local law enforcement agency to inspect the vacant property at least once every three days. * Upon notification that an unauthorized person is living on the property, the law enforcement agency shall respond as soon as possible and determine whether the person has written authorization from the property owner to occupy the property. If no authorization exists, the law enforcement officer advises the person that he or she has 48 hours to produce such authorization. * If the person is unable to provide such verification within 48 hours, he or she will be removed from the property by law enforcement, and, upon conviction, can be subject to 1 year of jail time and a fine of up to $1,000. * The board of supervisors may establish fees to register the property and to perform the inspections. Staff sent copies of AB 1513 to the Sheriff's Office and Community Development. Questions about logistics and funding of AB 1513 were raised by Community Development Director Rick Coel, Sheriff Frank Rivero, and Interim Undersheriff Captain Chris Macedo. Concerns raised by the Sheriff's Office include how much the property owner would pay for this specific service and would such monitoring be required if staff resources were not available. Staff has been researching these and other questions before submitting this matter to your Board. However, we have been advised that Assembly Member Fox desires a list of those communities requesting to opt in by July. We have also recently been advised that being listed in AB 1513 does not require Lake County to implement the program. We can decide later whether to implement the program. The bill has many supporters, including the California Association of Realtors and California Mortgage Association. One current opponent, the Western Center on Law and Poverty has indicated it will withdraw its opposition to the bill once it is amended by changes to be considered at the Senate Public Safety Committee hearing on June 24. As of the writing of this memorandum, this recently amended version is not yet available. Staff will distribute this amended version once it is available. 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 has prepared two letters for your Board's consideration: a) a letter requesting to be listed in AB 1513 to opt-in to the pilot program and b) an alternative letter simply expressing support of AB 1513.