Board Of Supervisors — Tuesday, December 1, 2015

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Matt Perry, County Administrative Officer DATE: November 20, 2015 SUBJECT: Adopt Resolution Amending the FY 2015-16 Adopted Budget to Adjust Appropriations in Budget Unit 1121 and to amend the position allocation for Budget Units 1121, 2301, and 4012 EXECUTIVE SUMMARY: Staff requests your Board consider the following position allocation changes: Auditor-Controller: Due to additional workload from compiling and auditing the project funding requests for the Valley Fire response and recovery, the Auditor-Controller requests a temporary increase of one additional Accountant -Auditor for a three year term to be funded by money from FEMA and the State. Sheriff-Jail: Two Correctional Sergeants will be retiring in December. In order to properly train a Correctional Officer to perform the duties of a Correctional Sergeant, the Sheriff requests a temporary increase of one additional Correctional Sergeant position through December 31, 2015. Health Administration: Due to additional workload, the Health Services Director requests an additional Accountant to be funded through additional cost reimbursements from the Public Health and Environment Health budgets. ..Recommended Action RECOMMENDED ACTION: Staff recommends your Board approve the attached resolution to amend the FY 15/16 Adopted Budget and position allocation. Attachment cc: Cathy Saderlund Sheriff Martin Jim Brown

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Sara Shucart, Administrative Assistant DATE: November 3, 2015 SUBJECT: 2016 Board of Supervisors Regular Meeting Calendar EXECUTIVE SUMMARY: Attached please find the 2016 Board of Supervisors Regular Meeting Calendar. 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 the 2016 Board of Supervisors Regular Meeting Calendar.

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Jim Brown, Health Services Director DATE: November 17, 2015 SUBJECT: Approval of Contract Between County of Lake and Trina Maia for Physical Therapy Services in Support of the California Children's Services Program (CCS) and the Medical Therapy Program (MTP) EXECUTIVE SUMMARY: The Public Health Division has been recruiting unsuccessfully for a number of years to fill their open Physical Therapist position to support their CCS and MTP programs. Attached for your review and approval is a contract between County of Lake and Trina Maia to provide the physical therapy needs in both programs for children with serious medical care needs and disabilities. Ms. Maia has a Masters Degree in Physical Therapy from Loma Linda University and has been providing therapy for the last sixteen years which includes work done specifically with CCS and pediatric patients. Should you have any questions, or require additional information, please contact myself or Sherylin Taylor, Public Health Nursing Director at 263-1090. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $25,000 Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Your Board's approval is requested and recommended. Thank you for your consideration of this request

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Linda Lovejoy, LMFT, MAC Behavioral Health Director DATE: November 17, 2015 SUBJECT: First Amendment to the Agreement between the County of Lake and Crisis Support Services of Alameda County for Crisis Support Services for Fiscal Year 2015-16 EXECUTIVE SUMMARY: Attached, for your approval, is the First Amendment to the Agreement between the County of Lake and Crisis Support Services of Alameda County for Crisis Support Services for Fiscal Year 2015-16. Under the Agreement, Crisis Support Services of Alameda County will provide crisis support and telephone counseling services to Lake County residents during the weekday hours of 5 pm to 8 am (Monday through Thursday) and during the weekend hours of 5 pm on Friday through 8 am on Monday. Under this Agreement, Lake County Behavioral Health is obligated to pay for approximately 50 calls per month. BACKGROUND DISCUSSION: As an additional holiday has been approved for County of Lake employees, this holiday will be added to the current holiday schedule in order for Crisis Support Services to schedule necessary coverage. FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted Estimated Cost: N/A Amount Budgeted: N/A Additional Requested: N/A Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): There is no fiscal impact at this time. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: Lake County Behavioral Health requests the Board approve the First Amendment to the Agreement between the County of Lake and Crisis Support Services of Alameda County and to authorize the Board Chair to sign the Agreement.

MEMORANDUM TO: Board of Supervisors FROM: Mark Dellinger, Special Districts Administrator Scott Harter, Special Districts Deputy Administrator DATE: November 17, 2015 SUBJECT: Adopt Resolution Authorizing Cancellation LACOSAN-SE O&M Reserve Designation in the amount of $57,000.00 for vehicle purchase for Utility Area I and authorize Special Districts Administrator to issue purchase order to Downtown Ford Sales in the amount of $57,000.00 under the State of California Contract. EXECUTIVE SUMMARY: SD831 is a 2008 Ford-350 Super Cab with 128,030 miles on it. This service vehicle broke down in late September 2015 and Ukiah Ford's recommendation was to replace the engine. The quote for repairs and a new engine is $19,000.00. If we repair the vehicle or put a new engine in the vehicle, we will be continuing with the same engine and the same potential problems. The current blue book value of the vehicle with 128,030 miles, good condition engine would only be approximately $18,000.00. Your board may recall that this is the same model 6L diesel engine that we have had problems in previous service trucks. LACOSAN SE proposed to replace this vehicle with a smaller, more fuel efficient F-250 Supercab, 4x4, gas 6.2L engine, Selzi body with crane to reduce vehicle fuel consumption and maintenance costs. This vehicle will cost approximately $53,000.00 tax and sub-equipment excluded. Sub-equipment includes side-step bars, go lights, hazard beacons, floor mats, and radio installation with an additional cost of $3,000.00. We recommend purchasing the new vehicle from Downtown Ford Sales. This vendor submitted its bidding proposal to the State of California's Procurement Division and will be in a new State Contract sometime in February or March. Annually, the State of California's Procurement Division, complying with legal competitive bidding requirements, solicits vehicle bids throughout the State of California. A State Contract is issued to the low bidders and the results are published and distributed to local agencies. Local agencies are given the opportunity to purchase these vehicles through the state at the same cost as the state. In the effort to purchase vehicles locally (nearest Ford dealer is in Ukiah), vehicle make and models are identified in the State Contract and this detailed information is delivered to our local dealership to solicit their proposals on suggested or equivalent vehicles. Unfortunately, no local vendors submitted a proposal. Downtown Ford Sales will be cutting off ordering 2016 models sometime in January and 2017 models will be with new aluminum body, pricing will be increased and delivery times will be extended. FISCAL IMPACT: __ None __Budgeted _X_Non-Budgeted Estimated Cost: $57,000.00 Amount Budgeted: -0- Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends that the Board take the following actions: 1. Adopt Resolution Authorizing Cancellation of O&M Reserve Designations in the Amount of $57,000.00 in Budget Unit 8354 (LACOSAN SE) and Appropriating Unanticipated Revenue for Purchase of New Vehicle. 2. Authorize the Special Districts Administrator/Assistant Purchasing Agent to issue Purchase Orders for procurement through the Statewide Bid Contract and award the subject vehicle purchase to Downtown Ford Sales in the amount of $57,000.00

..Title ..Body MEMORANDUM TO: Board of Directors FROM: Mark Dellinger, LACOSAN Administrator DATE: November 24, 2015 SUBJECT: Adopt Resolution Authorizing the Administrator, LACOSAN, to sign a Notice of Completion for Work Performed Under Agreement Dated September 29, 2015 (Middletown Sewer Emergency Lateral Cap Project; Bid No. SD15-07, Project No. 8353-Valley2015) EXECUTIVE SUMMARY: The Contract for the construction of the subject project, as authorized under the Agreement dated September 29, 2015, was satisfactorily completed on October 10, 2015. The attached Resolution authorizing the signature of the Administrator on the Notice of Completion has been prepared for your consideration. It is recommended that the Board approve the Resolution at their next regular meeting. ..Recommended Action RECOMMENDED ACTION: Sitting as the Lake County Sanitation District, Board of Directors, Adopt Resolution Authorizing the Administrator, LACOSAN, to sign a Notice of Completion for Work Performed Under Agreement Dated September 29, 2015 (Middletown Sewer Emergency Lateral Cap Project; Bid No. SD15-07, Project No. 8353-Valley2015)

..Title ..Body MEMORANDUM TO: Board of Directors FROM: Mark Dellinger, Administrator, LACOSAN DATE: November 24, 2015 SUBJECT: (Sitting as the Lake County Sanitation District, Board of Directors) - Adopt Resolution Authorizing the Administrator, LACOSAN, to Sign a Notice of Completion for Work Performed Under Agreement Dated August 25, 2015 (Seigler Creek Pipeline Replacement and Hitch Improvement Project; Bid No. 15-07, Project No. 8354-14-002) EXECUTIVE SUMMARY: The Contract for the construction of the subject project, as authorized under the Agreement dated August 25, 2015, was satisfactorily completed on October 15, 2015. The attached Resolution authorizing the signature of the Administrator on the Notice of Completion has been prepared for your consideration. It is recommended that the Board approve the Resolution at their next regular meeting. ..Recommended Action RECOMMENDED ACTION: (Sitting as the Lake County Sanitation District, Board of Directors) - Adopt Resolution Authorizing the Administrator, LACOSAN, to Sign a Notice of Completion for Work Performed Under Agreement Dated August 25, 2015 (Seigler Creek Pipeline Replacement and Hitch Improvement Project; Bid No. 15-07, Project No. 8354-14-002)

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, Social Services Director DATE: November 4, 2015 SUBJECT: Revision to Resolution 2015-124 - Resolution to Declare Intent to Sell Real Property Owned by the County of Lake (6322 7th Avenue, Lucerne, Ca) EXECUTIVE SUMMARY: The property located at 6322 7th Avenue in Lucerne was foreclosed on by the County in September of 2013 after participants of the HOME Owner Occupied Rehab Program defaulted on their loan. In June of 2014, per Government Code (GC) Section 65402, the Lake County Planning Commission approved General Plan of Conformity Report 14-03, certifying that selling this surplus property owned by the County of Lake is in conformity with the Lake County General Plan. The minimum bid price for the property is to be set at seventy-five thousand dollars ($75,000), based on an appraisal completed in August of 2015. Your Board approved Resolution 2015-124 on September 15, 2015. Due to issues related to staff assignments and Valley Fire recovery efforts, the sale process could not be completed as outlined in the resolution. The revision to Resolution 2015-124 will set the terms of the sale and initiate the sale process and establish January 5, 2016, as the date for the public opening of bids by the Board of Supervisors. 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: It is recommended that your Board approve the attached revision to Resolution 2015-124, setting the terms of the sale, initiating the sales process, and establishing January 5, 2016, as the date for the public opening of bids by the Board of Supervisors. Thank you for your consideration. cc: Jennifer Fitts, Deputy Social Services Director Edgar Perez, Program Manager

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, Social Services Director DATE: November 4, 2015 SUBJECT: Revision to Resolution 2015-125 - Resolution to Declare Intent to Sell Real Property Owned by the County of Lake (6825 Floyd Way, Nice, Ca) EXECUTIVE SUMMARY: The property located at 6825 Floyd Way in Nice was foreclosed on by the County in June of 2014 after the CDBG Owner Occupied Rehab Program participant passed away and no next of kin claimed the property. In January of 2015, per Government Code (GC) Section 65402, the Lake County Planning Commission approved General Plan of Conformity Report 15-01, certifying that selling this surplus property owned by the County of Lake is in conformity with the Lake County General Plan. The minimum bid price for the property is to be set at sixty-eight thousand dollars ($68,000), based on an appraisal completed in June of 2015. Your Board approved Resolution 2015-125 on September 15, 2015. Due to issues related to staff assignments and Valley Fire recovery efforts, the sale process could not be completed as outlined in the resolution. The revision to Resolution 2015-124 will set the terms of the sale and initiate the sale process and establish January 5, 2016, as the date for the public opening of bids by the Board of Supervisors. 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: It is recommended that your Board approve the attached revision to Resolution 2015-125, setting the terms of the sale, initiating the sales process, and establishing January 5, 2016, as the date for the public opening of bids by the Board of Supervisors. Thank you for your consideration. cc: Jennifer Fitts, Deputy Social Services Director Edgar Perez, Program Manager

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, Social Services Director DATE: November 4, 2015 SUBJECT: Revision to Resolution 2015-126 - Resolution to Declare Intent to Sell Real Property Owned by the County of Lake (5795 Grove Street, Lucerne, Ca) EXECUTIVE SUMMARY: The property located at 5795 Grove Street in Lucerne was deeded to the County in August of 2012 by a CDBG Owner Occupied Rehab Program participant prior to entering a convalescent home. In June of 2014, per Government Code (GC) Section 65402, the Lake County Planning Commission approved General Plan of Conformity Report 14-03, certifying that selling this surplus property owned by the County of Lake is in conformity with the Lake County General Plan. The minimum bid price for the property is to be set at seventy thousand dollars ($70,000), based on an appraisal completed in July of 2013. Your Board approved Resolution 2015-126 on September 15, 2015. Due to issues related to staff assignments and Valley Fire recovery efforts, the sale process could not be completed as outlined in the resolution. The revision to Resolution 2015-126 will set the terms of the sale and initiate the sale process and establish January 5, 2016, as the date for the public opening of bids by the Board of Supervisors. 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: It is recommended that your Board approve the attached revision to Resolution 2015-126, setting the terms of the sale, initiating the sales process, and establishing January 5, 2016, as the date for the public opening of bids by the Board of Supervisors. Thank you for your consideration. cc: Jennifer Fitts, Deputy Social Services Director Edgar Perez, Program Manager

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Karen Tait, M.D., Health Officer DATE: October 2, 2015 SUBJECT: Requesting Board Approval to Extend the Proclamation of a Local Health Emergency by the Lake County Health Officer as Amended on September 22, 2015 for an Additional Two-Week Period of Time EXECUTIVE SUMMARY: The Valley Fire is 100% containment. While, removal of hazardous materials and remediation of burned properties is currently under way, it is early in the process, such that only a portion of ash and other hazardous, or potentially hazardous materials has been removed. Further, although the threat of additional fire damage to structures in impacted areas is reduced, it is not absent. Families have re-entered burned areas that may pose both acute and chronic health risks as well as threats to the environment if timely and appropriate clean-up efforts are not supported. Continuing the Proclamation of a Local health Emergency by the County Health Officer which was initiated on September 22, 2015, serves to enable assistance from state and federal agencies and provides for streamlined procedures, which are essential for the health and safety of the communities impacted by the Valley and other recent fires. Therefore, it is recommended that the Proclamation of a Local Health Emergency by the Lake County Health Officer as Amended on September 22, 2015 be extended for an additional two-week period of time. Your approval is requested and recommended. Thank you. ..Recommended Action RECOMMENDED ACTION: Staff recommends your Board Continue the Proclamation of a Local Health Emergency by the Lake County Health Officer.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Mark Dellinger - Administrator Special Districts, Robert Stark - General Manager Cobb Area Water District DATE: November 18, 2015 SUBJECT: Request For Appropriation of AB 1905 Funds For Cobb Water System Consolidation Feasibility Study EXECUTIVE SUMMARY: The Valley Fire has made us quite aware of the limitations created by having so many small water systems managed by multiple water agencies or private groups of residences. In our continuing efforts to help make the Cobb Mountain community better than before the Fire, we believe this is the right time to consider the consolidation of eight water systems into one. On November 12th, staff from the State Water Resources Control Board - Division of Drinking Water, Cobb Area Water District, and Special Districts met to discuss the idea. It is proposed that the three water systems managed by Special Districts (CSA 7 Bonanza Springs, CSA 18 Starview, CSA 22 Mt. Hannah) be consolidated into the systems managed by the Cobb Area Water District. The Division of Drinking Water has funding available for such projects. The funding would be made available to the agency that consolidates (takes over) the system(s) into theirs. To initiate the project, we are requesting $250,000 from AB 1905 funds to be used for a consolidation feasibility study. The study would evaluate additional infrastructure needed to make the connections between all eight systems and their service areas (piping, tanks, valves, hydrants, etc.) as well as the LAFCO process. Staff further proposes that the funds be managed by the Cobb Area Water District, following the County's consultant selection process. Special Districts and the Division of Drinking Water will be closely involved with the feasibility study during its preparation. FISCAL IMPACT: __ None __Budgeted _X_Non-Budgeted Estimated Cost: $250,000 Amount Budgeted: n/a Additional Requested:n/a Annual Cost (if planned for future years): n/a FISCAL IMPACT (Narrative): The estimated cost to prepare the feasibility study is $250,000 and it is proposed to come from the AB 1905 account, (BU 1918). The Division of Drinking Water indicates that if state funding is approved for the consolidation, the cost of the feasibility study is eligible for reimbursement. STAFFING IMPACT (if applicable):n/a ..Recommended Action RECOMMENDED ACTION: Staff recommends the Board of Supervisors appropriate $250,000 in AB 1905 funds, (BU 1918), funds to the Cobb Area Water District for the preparation of a water system consolidation feasibility study for the following water systems: Bonanza Springs, Starview, Mt. Hannah, Cobb Water, Pine Grove, Adams Springs, Loch Lomond, and Whispering Pines. The Cobb Area Water District will follow the County's consultant selection process in procuring the consultant services for the feasibility study.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Anthony Farrington, Chairman DATE: November 24, 2015 SUBJECT: Presentation of a plan by a consortium of Christian ministers to launch a warming shelter in Lake County EXECUTIVE SUMMARY: At the request of Randy Brehms, Pastor of the Seventh Day Adventist Churches of Lakeport and Lucerne, he requests the Board hear a 15-minute presentation by Taylor Johnson with regard to launching a warming shelter in Lake County.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Jeff Rein, Deputy Public Services Director DATE: November 11, 2015 SUBJECT: Consideration of Options for Design and Construction of the Proposed Kelseyville Community Skatepark EXECUTIVE SUMMARY: In early 2014, your board had authorized $300,000 of the $377,000 that had been earmarked for the development of a Park next to Riviera Elementary School, be used instead to design and construct a skatepark in the Kelseyville Community Park. The development of the Kelseyville Community Skatepark has grown increasingly challenging as a result of issues pertaining to design delays, design oversights, bidding errors, and higher than expected bids, all of which have collectively left the project without a clear course necessary to bring it to conclusion. SKATEPARK DESIGN: Subsequent to your board's direction, staff issued an RFP for design work. A Consultant Selection Panel was convened and they unanimously recommended that California Skateparks be awarded the design contract in the amount of $45,100 which was ultimately authorized by your board on March 18, 2014. As a consequence, $255,000 remains in the budget for actual construction of the skatepark. Even before the design contract had been formally solicited, there was discussion by your board about whether the County could perform any construction tasks that might help reduce the overall cost, although no definitive commitment was made. Subsequently, staff engaged in similar discussions with the design firm but again no commitment of County resources was ever made other than the County would be responsible to build any fencing that may ultimately be desired. Soon after award of the design contract, public design workshops were convened with the first taking place on April 16, 2014 which served to establish standards for design concepts. Another workshop was convened on August 13, 2014 which served to present the draft design concepts and solicit input leading to its final design. The final design concept was subsequently presented to those who participated in the design workshops and by the end of September 2014, supportive comments had been received. Detailed design work followed and final signed construction documents were delivered on June 3, 2015. ESTIMATED CONSTRUCTION COST: Engineer's estimates were provided near the conclusion of the construction document phase. Over the years, staff has found engineer's estimates on other projects to be notoriously unreliable indicators of final cost. Consequently, in order to gauge the likely cost of the construction, staff solicited an unofficial construction estimate which was received on June 1, 2015 for the amount of $295,250. This estimate did not include demolition or rough grading. Those additional services were estimated to cost $13,840 thus providing a total construction estimate of $309,090. Clearly that amount was higher than the remaining budget of $255,000. Nevertheless, for the sake of moving the project forward, staff determined to solicit bids rather than take the time to modify the design and /or engage in the value engineering process. Frankly, staff was counting on competitive bidding to provide a construction cost closer to the remaining budget. In hindsight, it may have been preferable to delay solicitation of bids and instead take the time to identify cost reductions in the design. Similarly, a review of the final plans by the County's building department determined that the plans may be in need of some ADA accommodation. Again, rather than delay the project any longer, staff determined to move forward with issuance of the bid invitation with the intent to address the ADA issues (if any) at a later date. In fact, between the time that the bid invitations were issued and the time of bid opening, staff was able to discuss the plans with a Certified Accessibility Specialist (CASP) who verified the need for and scope of ADA accommodation. During that same interval, staff prepared a conceptual ADA plan that can be quickly finalized and submitted for official CASP review and approval should a bid award be imminent. BID RESULTS: In any event, a bid invitation for construction of the skatepark was issued on June 26, 2015, and bids were opened on July 27, 2015. Three bids were received as follows: $263,445 California Landscape and Design $364,016 R&C Construction (Middletown) $424,776 Geocon Skateparks. The apparent low bid amount appeared to be relatively consistent with our intent to design and build a skatepark for $300,000 as that construction bid ($263,445) plus the design costs ($45,11) would put the total project cost at 308,545. With the understanding that no designer can guarantee a total project cost right at 300K, an $8,000 variance seemed very reasonable. BID ERROR: In looking deeper into the details of the low bid, staff discovered an anomaly relative to the cost of rough grading and the import of "select fill." The low bidder's indicated cost for those components of the project was significantly below that of the other bidders. Upon inquiry to the bidder, it was determined that they had assumed the County would be performing the rough grading and providing for the import of Select Fill. Although that was an item discussed as an option early on in the conceptual stage of design, no commitment was ever made and the bid solicitation did not make any such implication nor did the other bidders draw that conclusion. The low bidder determined that the cost of performing those additional tasks work would be 29,122 which would raise the total construction cost to $292,567 and the total of both design and construction to $337,667 which is $37,667 more than our budget allows. OUTSTANDING INVOICES: In light of the design oversight related to legally required ADA accommodations and because the design generated a total project cost well in excess of the County's indicated budget of $300,000, Invoices totaling $22,380 remain unpaid for design work performed by California Skateparks. OPTIONS: Under state law however, when there is a known error in the contractor's bid, the County cannot allow the bidder to correct their bid. Consequently, the County is left with the following options: 1. Demand that the bidder honor their erroneous bid: The intent is that the bidder provide all the work requested in the bid invitation, including their otherwise neglected rough grading and import of Select Fill, for their bid amount of $263,445. If, however, the bidder reluctantly agrees to perform the work for the unrealistic bid amount, the County may be increasing the likelihood of poor workmanship and the generation of excessive change orders. On the other hand, should the bidder refuse to honor their bid, the County retains the option of filing a forfeiture claim against the bid bond. A. Reasons to pursue the bid bond: Should we prevail in such a claim, we would collect 10% of the bid amount which is approximately $26,000. B. Reasons not to pursue the bid bond: If the County is successful in its attempt to secure the bond forfeiture, the bidder would not, pursuant to law, be allowed to participate in any rebid of the project. Of course it is possible that a rebid of the current design might motivate the 2nd and 3rd bidders, as well as others, to sharpen their pencils but given the large difference between bid amounts, it may not be in the County's financial interest to preclude California Landscape and Design from participating in a rebid of the project. 2. Declare the low bid to be unresponsive: This course would necessitate that we award the next lowest bid which at $364,016, is well in excess of our remaining budget and $71,449 higher than the $292,567 amount that would have applied had California Landscape and Design correctly bid the project. 3. Reject all construction bids and then work with the design firm to identify design modifications and/or "value engineering" options and then issue a new construction bid invitation. 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: 1. Reject all Bids: Despite the issues with the design firm that are outlined above, if the intent is to build a reasonably well-featured skatepark for the lowest possible cost, staff believes that option No 3 best serves that intent as it the only option that provides an opportunity to potentially reduce the cost of the project. This approach, however, is dependent on the willingness of California Skateparks to seriously participate in this approach. 2. Unpaid Invoices: Staff recommends that the County withhold payment of outstanding invoices for design work until satisfactory design modifications and/or value engineering options can be identified that ultimately result in a total project cost that is in-line with the County's indicated budget for this project.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Richard Coel, Community Development Director DATE: November 24, 2015 SUBJECT: Request for Board of Supervisors to Consider Entering into Memorandum of Agreement with Local Native American Tribes to establish a formal process for Government to Government Consultations and project review procedures pursuant to SB 18 and AB 52 EXECUTIVE SUMMARY: Staff is requesting your Board approve a Memorandum of Agreement (MOA) between Lake County and several local Native American Tribes. In the spring of 2015, a consortium of Lake County Tribes (known collectively as Ancestors 1) presented staff with a draft version of an MOA, which proposed a working relationship between the tribes and the County of Lake to implement AB-52. After some discussion and edits, the attached MOA is the resultant draft. The MOA memorializes project review processes and is intended to strengthen working relationships with the County and Tribal Government leaders as we work collaboratively under the guidelines established earlier this year by Assembly Bill 52. Although there had been some discussion regarding making the MOA more of a procedural document (a "how to" for the Tribes and the Community Development Department), this proved to be far too comprehensive a task for this MOA to accommodate. In addition, AB 52, as written, contains time lines and directives that create an outline for a "how to" paper that are remarkably specific and easy to follow. Thus, while a policy/procedure manual would be helpful, at this juncture it is not required to properly implement the terms of the MOA and/or AB 52. BACKGROUND On September 25, 2014, Governor Brown signed Assembly Bill No. 52 (hereinafter "AB 52"), which creates a new category of environmental resources that must be considered under the California Environmental Quality Act: "tribal cultural resources." The legislation imposes new requirements for consultation regarding projects that may affect a tribal cultural resource, includes a broad definition of what may be considered to be a tribal cultural resource, and includes a list of recommended mitigation measures. For all practical purposes AB 52 went into effect, and must be considered for all new projects originating after, July 1, 2015. New category of resources AB-52 adds tribal cultural resources to the categories of cultural resources in CEQA, which had formerly been limited to historic, archaeological, and paleontological resources. "Tribal cultural resources" are defined as either (1) "sites, features, places cultural landscapes, sacred places and objects with cultural value to a California Native American tribe" that are included in the state register of historical resources or a local register of historical resources, or that are determined to be eligible for inclusion in the state register; or (2) resources determined by the lead agency, in its discretion, to be significant based on the criteria for listing in the state register. Under AB 52, a project that may cause a substantial adverse change in the significance of a tribal cultural resource is defined as a project that may have a significant effect on the environment. Where a project may have a significant impact on a tribal cultural resource, the lead agency's environmental document must discuss the impact and whether feasible alternatives or mitigation measures could avoid or substantially lessen the impact. Consultation with tribes Recognizing that tribes may have expertise with regard to their tribal history and practices, AB-52 requires lead agencies to provide notice to tribes that are traditionally and culturally affiliated with the geographic area of a proposed project if they have requested notice of projects proposed within that area. If the tribe requests consultation within 30 days upon receipt of the notice, the lead agency must consult with the tribe. Consultation may include discussing the type of environmental review necessary, the significance of tribal cultural resources, and the significance of the project's impacts on the tribal cultural resources, and alternatives and mitigation measures recommended by the tribe. The parties must consult in good faith, and consultation is deemed concluded when either the parties agree to measures to mitigate or avoid a significant effect on a tribal cultural resource (if such a significant effect exists) or when a party concludes that mutual agreement cannot be reached. Mitigating adverse changes to tribal cultural resources Mitigation measures agreed upon during consultation must be recommended for inclusion in the environmental document. AB 52 also identifies mitigation measures that may be considered to avoid significant impacts if there is no agreement on appropriate mitigation. Recommended measures include: � preservation in place � protecting the cultural character and integrity of the resource � protecting the traditional use of the resource � protecting the confidentiality of the resource � permanent conservation easements with culturally appropriate management criteria. AB-52 contains several important changes to CEQA. Environmental documents must now consider tribal cultural resources in their analyses, and additional consultation requirements may apply to certain projects. Project proponents should be aware of these new requirements, and tribes should be similarly aware of their consultation rights under the new legislation. ..Recommended Action RECOMMENDED ACTION: Staff recommends the Board of Supervisors enter into the proposed Memorandum of Agreement with the local Native American Tribes. While it does not bind the County to anything more than is already required by CEQA and AB-52, this MOA essentially presents a mutual desire to continue to work on a government to government basis.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Sara Shucart, Administrative Assistant DATE: October 16, 2015 SUBJECT: 11:00 A.M. - Assessment Appeal Hearing EXECUTIVE SUMMARY: Davita, Inc. - Application No. 43-2013 - 14400 Olympic Drive, Clearlake, CA (APN 039-570-230) California Newspapers Partnership - Application No. 50-2013 - 2150 S. Main Street, Lakeport, CA (APN 005-050-010) 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:

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Matt Perry, County Administrative Officer Josh Jones, Deputy County Administrative Officer DATE: November 25, 2015 SUBJECT: Ratification of Valley Fire Related Contracts Entered into between September 12, 2015 and December 1, 2015 Over $10,000 for Services and Over $25,000 for Materials, Supplies, and Equipment EXECUTIVE SUMMARY: Your Board authorized department heads to enter into Valley Fire related contracts of up to $1 million dollars on September 18, 2015. While your Board's previous direction to have department heads give updates after entering into contracts was appropriate, staff feels that formal ratification would be a more defensible position to take in preparation for an inevitable audit. Staff now recommends that the Board ratify all contracts for services over $10,000 and for materials, supplies, and equipment over $25,000. Staff has been gathering documentation for applicable contracts and presents the following for your ratification (staff will present actual dollars spent to date during the meeting - these are not to exceed amounts only): * Agreement with Tetra Tech, Inc. for Valley Fire Arboricultural and Hazardous Tree Removal Monitoring Services in Lake County, California not to exceed $600,000. * Agreement with Konocti Harbor Resort and Spa for Provision of Transitional Housing for Valley Fire Evacuees not to exceed $432,000. * Agreement with California Conservation Corps for Lake County Donations Management and Distribution not to exceed $307,770. * Agreement between Lake County Sanitation District and HD Excavating for Middletown Sewer Emergency Lateral Cap Project not to exceed $250,000. Additional contracts will be forthcoming at your next regularly scheduled meeting on December 15, 2015. It should be noted that the Departments of Public Works, Public Services, and Special Districts as well as the County Purchasing Agent have the authority through County Code Section 2-53.4 to enter into contracts of up to $175,000 and as such contracts under this amount will not be brought before your Board for ratification per normal procurement protocol (there is one caveat to this since the Federal Emergency Management Agency's small project limit is $150,000, the County must abide by this more restrictive amount so you will see contracts above this amount). ..Recommended Action RECOMMENDED ACTION: Staff recommends your Board ratify all Valley Fire related contracts entered into between September 12, 2015 and December 1, 2015 over $10,000 for services and over $25,000 for materials, supplies, and equipment that have been presented today.

MEMORANDUM TO: Honorable Board of Supervisors FROM: Kim K. Clymire SUBJECT: Approval of CXT Montrose Bathroom Facility at Hammond Park DATE: November 13, 2015 EXECUTIVE SUMMARY: Attached for your review and approval are the plans and price quotation for a restroom facility for Hammond Avenue Park. The planned development of the Multi-Use sports field this fiscal year supports the need for a restroom facility at the park. The proposed facility consists of stainless steel plumbing features, 2 lavatories, 3 water closets, 1 urinal, 2 sani-flow infrared hand dryers, toilet seat cover dispensers, sanitary napkin dispensers, three roll paper towel holders, frost proof hose bib box, exhaust fans, 5 floor drains, ADA grab bars, ADA signs, ADA drinking fountain, motion controlled interior LED lights, photo cell controlled exterior lights and a concrete porch. The price quote includes delivery and set up at Hammond Ave Park. The proposed vendor is a GSA approved and as such, this purchase is exempt from competitive bidding pursuant to Section 2-38.4 of the County Code. Funding for this project will come from Quimby fees which are derived from The Quimby Act, within the Subdivision Map Act, this authorizes the legislative body of a city or county to require the dedication of land or to impose fees for park or recreational purposes as a condition of the approval of a tentative or parcel subdivision map, if specified requirements are met. Existing law requires any fees collected to be committed within 5 years after the payment of the fees or the issuance of building permits on 1/2 of the lots created by the subdivision, whichever occurs later. Existing law requires any fees not committed to be distributed and paid to the then record owners of the subdivision, as specified. FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted Estimated Cost: $138,542.73. Amount Budgeted: Additional Requested: N/A Annual Cost (if planned for future years): N/A STAFFING IMPACT (if applicable): N/A RECOMMENDED ACTION: In light of the foregoing, it is recommended that: 1. The Board of Supervisors waive the formal bidding process, pursuant to Section 2-38.4 of the County Code making a determination that competitive bidding requirements have been fulfilled by virtue of the vendor's GSA approval; and 2. Authorize the Public Services Director or his designee to issue a Purchase Order in the amount of $138,542.73. Att. Quote and Plans from CXT

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Jim Steele, District 3 Supervisor DATE: November 10, 2015 SUBJECT: Consideration of establishing a Community Revitalization Authority as authorized by Assembly Bill 2 EXECUTIVE SUMMARY: Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012. Existing law also provides for various economic development programs that foster community sustainability and economic development initiatives throughout the state. AB2 would authorize certain local agencies to form a community revitalization authority within a community revitalization and investment area for the purposes of infrastructure, affordable housing, and economic revitalization. Financing requirements apply, as well as other procedures. This bill may allow for the completion of redevelopment projects curtailed by the loss of the previous authority. These projects, such as the promenade in Lucerne, Clark's Island in Clearlake Oaks, the bike trail in Upper Lake, and Holiday Harbor in Nice, support economic recovery in District 3. Other Districts would benefit, as well as the County economy overall from provisions of this bill. 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: I recommend that staff be directed to analyze the impact of this bill and determine the steps to formation of appropriate procedures including a community revitalization authority for the Boards consideration.