Board Of Supervisors — Tuesday, February 2, 2016

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: February 1, 2016 SUBJECT: Regular Agenda Item for February 2, 2016, Item No. 6 Highland Springs Road at Highland Creek Bridge Replacement Project, Federal Project No. BRLO-5914(071); Bid No. 15-02 Contract Change Order 1 EXECUTIVE SUMMARY: Attached for the Board's review and approval is Contract Change Order (CCO) 1 for the subject project. Bats were discovered roosting under the existing bridge. This necessitated additional biological monitoring by the Contractor in order to comply with the regulatory permit issued by the California Department of Fish and Wildlife. CCO 1 addresses the costs associated with the additional biological monitoring and results in an increase of $10,189.71 to the original contract amount of $867,670.40. This project is fully funded by the Federal Highway Administration (FHWA) thru Federal Highway Bridge Program (HBP) funds and California Toll Credit funds. Therefore, this project is 100% federally and state funded thru construction. Staff recommends approval by the Board of Supervisors of CCO 1 and that the Board authorize the Chair to execute said CCO for an increase of $10,189.71 and a revised contract amount of $877,860.11. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $10,189.71 Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): This project is fully funded by the Federal Highway Administration (FHWA) thru Federal Highway Bridge Program (HBP) funds and California Toll Credit funds. Therefore, this project is 100% federally and state funded thru construction. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends approval by the Board of Supervisors of CCO 1 and that the Board authorize the Chair to execute said CCO for an increase of $10,189.71 and a revised contract amount of $877,860.11.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Matt Perry, County Administrative Officer DATE: January 29, 2016 SUBJECT: Adopt Resolution Amending Resolution No. 2015-119 to Amend the FY 2015-16 Adopted Budget to Transfer Money from Budget Unit 1120 - Non-Departmental to Budget Unit 8826- Redevelopment Obligations to Return Loan Payment from the Former Redevelopment Agency to Taxing Entities. EXECUTIVE SUMMARY: Last week your Board adopted a resolution to amend the FY 15-16 Budget to transfer money from contingencies in order to return money that the former Lake County Redevelopment Agency (RDA) paid to the County General Fund pursuant to pre-2011 loan documents. Pursuant to an audit by the State Controller, this money is to be distributed to the affected taxing entities. The resolution adopted last week authorizes the transfer of money from BU 7999-Contingencies to BU 1120- Non-Departmental. However, additional Board authorization is needed to transfer the money from BU 1120 to BU 8826 -Redevelopment Obligations so that it is available to eventually allocate to the affected taxing entities. The attached resolution provides this additional authorization. ..Recommended Action RECOMMENDED ACTION: Adopt Resolution Amending Resolution No. 2015-119 to Amend the FY 2015-16 Adopted Budget to Transfer Money from Budget Unit 1120 - Non-Departmental to Budget Unit 8826- Redevelopment Obligations to Return Loan Payment from the Former Redevelopment Agency to Taxing Entities .

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Jeff Rein, Chief Deputy County Administrative Officer DATE: January 22, 2016 SUBJECT: (a) Approval of Plans and Specifications for the Buckingham Peak Power Upgrade Project. (b) Approve BLM Right-of-Way Grant in the Amount of $12,004.43. (c) Approve Easement Grant and Purchase Agreement therefore, with Harbor View Mutual Water Company in the Amount of $2,400. (d) Approve the Pole Attachment Agreement between the County of Lake and Pacific Bell Telephone Company. (e) Approve the Utility Payment Agreement between U.S. Cellular Corporation and the County of Lake. (f) Approve the Amendment to Tower and Ground Space License Agreement between U.S. Cellular Corporation, New Cingular Wireless PCS, LLC, and the County of Lake. (g) Approve Agreement with Streamline Engineering for Project Testing and Inspection Services in an amount not to exceed $10,000 EXECUTIVE SUMMARY: Four years ago AT&T (aka: New Cingular Wireless PCS, LLC) approached the County about upgrading the electric utility service that provides power to the communications site on Buckingham Peak via an overhead power line which begins at the Riviera West Subdivision and extends the top of Buckingham Peak. That communications site consists of a County-owned tower (and equipment building) and an AT&T-owned tower (and equipment buildings) which reside on property leased from the County. The current electric utility service has only enough capacity to support the County's tower and equipment building. As a result, AT&T and its tenant, US Cellular (of which the County receives 50% of the US Cellular's rent), utilize propane generators that run 24 hours a day to support their operations. The long-term financial cost of continuously running generators as well as the resulting impact to air quality provided AT&T and US Cellular with incentive to invest in such an upgrade. An upgrade would also be in the County's best interest because 1) the existing utility poles are 40� years old and in a severely declining state, 2) the restricted power capacity limits the County's ability to support additional tenants, and 3), the new power lines and the type of power utilized (3-phase vs single phase) will provide for more efficient delivery of power, 4) it would secure the long-term tenancy of AT&T and US Cellular from which we currently receive $51,000 per year. In the initial approach to this project, AT&T evaluated undergrounding of the utility service. They invested considerable resources in that assessment including engineered plans, environmental studies, geotechnical reports, easement acquisition and permitting. Nonetheless, AT&T abandoned the project after soliciting bids for the undergrounding work which came in at an unexpectedly high cost of 2.1 million dollars. At that point AT&T notified County staff that it was no longer willing to invest staff time in the project. Consequently, County staff picked up the ball and pursued an approach that provides for replacement of the power poles and overhead utility lines. AT&T verbally committed to funding this approach if the cost was reasonable. Besides the incentives noted above, they are especially motivated to abide by their funding commitment because their ground-lease with the County expires May 31, 2016. Since then, staff has coordinated the necessary components of the project including surveying, engineering, easement acquisition, permitting and cost-sharing agreements with AT&T and T-Mobile who will also benefit from the upgrade. Collectively, these parties will cover the entire cost of the project based on the project budget of $745,000.00. The project budget is outlined in the attachment entitled "BUCKINGHAM PEAK POWER UPGRADE PROJECT BUDGET." Risk Factors: The Utility Agreement establishes $745,000.00 as the total project costs, consisting of design costs ($138,261.00) and construction costs ($606,739.00). Under the terms of the Utility Agreement, the County is obligated to collect $100,000.00 from its licensee, T-Mobile Corporation, to pay for part of the total project cost, and the County shall be solely responsible to pay this $100,000.00 in the event it fails to collect said amount from T-Mobile Corporation. Also under the terms of the Utility Agreement, AT&T is responsible for any design and construction work related to the project under its contract with Pacific Gas & Electric in the amount of $85,000.00, and AT&T is responsible for payment of any amount in excess of this $85,000.00. In addition to this $85,000.00, AT&T is also responsible to pay for the remainder of the total project costs estimated at $560,000.00 after application of the aforementioned $100,000.00 payment amount. In light of the foregoing, the County will be responsible for both the aforementioned $100,000.00 payment and any costs in excess of AT&T's responsibility of $560,000.00. In a project of this complexity, that does impose a risk upon the County. This risk mainly consists of the possibility that the total project costs would exceed $560,000.00 and the County might be responsible for subsequently paying significant cost overruns due to circumstances unforeseen or unanticipated by the pertinent contracting parties (e.g. the construction contractor). In exchange for assuming this risk, AT&T agreed to cap the reimbursement they are to receive from the "utility buy-in" fee that will be collected from most future users of the upgraded utility service. AT&T's reimbursement from the utility buy-in will be capped at $245,000.00 and T-Mobile will not receive any reimbursement at all. Because a utility buy-in could be a disincentive to potential future tenants, staff believes it is extremely important to limit the application of that utility buy-in to future users. Because the construction contracts are governed by the Contractor's Guaranteed Maximum Price, the aforementioned risk of construction cost overruns is partially mitigated. Nevertheless, the Guaranteed Maximum Price is subject to the exceptions found in all County construction contracts such as any County-initiated changes to the project and County-responsibility for certain subsurface conditions. In this project, the most likely factor to result in a cost overrun is the finding of rock that complicates the digging of the holes for the utility poles. There will be 14 holes that are 2 feet in diameter and 6.5 feet in depth. To mitigate this risk to the County, the Contractor has agreed to accept cost responsibility for any complications he may encounter in digging these holes to a 6.5 feet depth. The risk of any other subsurface conditions impacting this project is further mitigated by the following factors: 1. These holes are being dug immediately adjacent to the existing utility poles and so the area in question has already been subject to prior excavation. 2. The following contractual language which is intended to reduce the County's risk of cost overruns by holding the contractor responsible for the accommodation of the Project Site conditions that were reasonably discoverable by him. "3.6.3 Except for environmental conditions and subsurface or other conditions that could not have reasonably been discovered by a reasonable inspection of the Site within the scope of access the owner has granted, Contractor is responsible for accommodating all Site conditions in the Final Plans and construction of the Project Work, regardless of when the Site condition is discovered, but shall not be responsible for any conditions of the off-Site Staging and Lay Down Areas, except to the extent that such conditions were disclosed by the drawings and other information provided by Owner to Contractor. Notwithstanding a failure by Contractor to perform its Site investigation due diligence consistent with the access Owner has granted under this Section, Contractor shall be responsible for successfully constructing the Project Work without adjustment of the Guaranteed Maximum Price." 3. The construction contract includes a 15% contingency fund. Approval of Plans and Specifications (Subject No. 2) The plans and specifications for construction of the Buckingham Peak Power Upgrade Project are complete and a copy has been filed with the Clerk of the Board and presented herewith for your approval. Award of Energy Services Construction Contracts (Subjects No. 1, 3 & 4): Because of the complexity of this project, staff's first step in developing these plans was to identify a contractor who was qualified to not only build the project but to assist in the design of such a unique project. For the most part, design-build projects are prohibited by statute. This project, however, qualifies for one of the exemptions by virtue of Government Code Section 4217.10 et seq. which allows us to both forego the normal bidding procedures and utilize a design-build approach when the project includes energy conservation measures, which this project clearly provides for the reasons stated above. To effectuate this exemption, the attached resolution must be approved at a noticed public hearing. After making numerous inquiries, Northern California Power was consistently recommended as the "go-to" contractor for such a project. Since then, acting in the capacity of an unpaid consultant, Northern California Power has been instrumental in the development of the plans by virtue of their willingness to share their expertise and coordinate input from AT&T, PG&E and the design engineer who actually drafted the plans. In light of the foregoing, staff recommends award of the attached construction contracts to Northern California Power Company. The estimated time for completing the construction phase is four weeks baring weather or other unexpected delays. Acquisition of Easement and Right-of-Way (Subjects No. 5 & 6): The existing utility line occupies a 10 foot corridor which begins at the edge of the Riviera West Subdivision and extends up the side of Mt. Konocti to Buckingham Peak. Because the new utility line will have to be constructed prior to deconstruction of the existing utility line, new boundaries for this corridor had to be defined which in turn necessitates acquisition of new right-of-ways and/or easements from the two property owners on which the corridor resides, (BLM and Harbor View Mutual Water Company). BLM does not provide permanent easement rights and instead issues temporary Right-of-Way Grants that have a maximum term of 30 years, the total cost of which is $12,004.43. Harbor View Mutual Water Company has agreed to sell a permanent easement to the County at the appraised cost of $2,400. Attached are documents required to effectuate these acquisitions. Utility Agreement (Subject No. 7) As stated above, AT&T and T-Mobile are willing to fund costs related to this project. T-Mobile's funding commitment was previously memorialized in an amendment to its Licensing Agreement. AT&T's commitment is memorialized in the attached Utility Funding Agreement. Amendments to Ground Leases with Crown Castle and U.S. Cellular (Subject No. 8 & 11): Although the original ground lease is with AT&T, Crown Castle, Inc., who is the largest holder of communications towers in the US, recently acquired the rights to approximately 9700 of AT&T's tower properties nationwide, including the ground lease on Buckingham Peak. As such, AT&T and US Cellular become tenants of Crown Castle. In light of the fact that the current ground lease expires on May 31, 2016, it is in the interest of both Crown and its tenants that their continued occupancy of the site is assured. Consequently, in return for arranging AT&T's funding of this project, Crown Castle has asked for a 30 year extension of the ground leases with AT&T and US Cellular. The proposed ground lease amendment provides for extension of the Term as well as acceptance of AT&T's assignment of their interest in the ground lease to Crown Castle. Staff, including the County's Communications Site Manager, supports this new arrangement including the new Term since it is consistent with industry standards and will provide the County with a continuing source of revenue that is guaranteed to increase by at least 3% each year. The proposed ground lease amendment is attached for your consideration. Pole Attachment Agreement with AT&T (Subject No. 9): Although the cell carriers are funding the power upgrade project, the County retains ownership of the entire infrastructure including the utility poles. The Pacific Bell Division of AT&T desires to install fiber optic cable to the Buckingham Peak communications site which necessitates use of these utility poles and adjacent County-owned property. Having access to fiber optic on Buckingham Peak may prove to be beneficial to the County at some point in the future. Permission to utilize these County resources is granted by the attached Pole Attachment Agreement and Easement Grant. Utility Payment Agreement with U.S. Cellular (Subject No. 10): As previously stated, this new utility line will be solely owned by the County. As such, the utility bill will be the responsibility of the County. Nevertheless, the tenants that occupy the communications site will be responsible for payment based on the electric utility usage. Consequently, an Agreement that memorializes this arrangement with U.S. Cellular is needed. A similar arrangement with AT&T (New Cingular Wireless) is incorporated in the above referenced Utility Agreement (Subject No. 7). Inspection and Testing Agreement with Streamline Engineering (Subject No. 12): The purpose of this contract is to provide construction quality assurance with the primary purpose being to ensure that the construction work is completed in accordance with the Final Plans. This is the only expense that will not be reimbursed by the funding partners. ..Recommended Action RECOMMENDED ACTION: Although it has taken over four years and many hours of discussion and negotiation with the eight entities involved in this project, staff believes that the approach outlined herein achieves the most cost-effective and long-term solution to providing reliable and sufficient power to the Buckingham Peak Communications Site. Although, like any project, the construction phase of this project has a risk of a cost overrun, staff believes that it has mitigated that risk by transferring as much as possible to the Contractor, as discussed above (see also "Project Risk/Reward Profile" below). Consequently, staff recommends your Board's approval of the attached documents in order to effectuate commencement of the outlined approach. Power Upgrade Project Risk/Reward Summary PROJECT RISK/REWARD PROFILE Reasons to Support of the Project: 1. The existing poles are at risk of collapsing. 2. Although use of Buckingham Peak is the most cost-effective alternative for AT&T in its delivery of cellular service to Lake County, it does have alternatives approaches as evidenced by Verizon's approach which utilizes multiple lower altitude sites in lieu of one higher altitude site. 3. The current power capacity is very limited and this project provides significantly more power which in turn provides opportunity to attract additional tenants. 4. It secures AT&T's tenancy and U.S. Cellular's license for the foreseeable future from which we currently receive $51,000 per year. 5. The power upgrade will provide an alternative to the continued use of propane powered generators. Not only will this have a positive impact on air quality but it will also eliminate the weekly trips that the propane company has to make to the top of the mountain which in turn reduces wear and tear to the road and improves safety of those otherwise using the road (e.g. hikers, bikers, and other vehicles). Consequently, this project qualifies as a conservation measure as defined in Government Code Section 4217 et al. because it reduces energy use and/or makes for a more efficient use of energy. Reasons to be Concerned about the Project: 1. The potential for a cost overrun in the construction phase. That potential, however, is limited by the following: The construction contractor has agreed to a guaranteed maximum price subject only to these exclusions: (a) Any increase or decrease in the Cost of the Project Work resulting from the imposition of additional requirements or reallocation of the Cost of the Project Work by a Tenant of the Owner (such as AT&T, in which instance AT&T would cover the cost); (b) Any increase or decrease in the Cost of the Project Work resulting from any Change Order made pursuant to those reasons set forth in the General Conditions and Supplementary General Conditions.* (c) Any increase in the Cost of the Project Work resulting from the Owner's failure to cooperate reasonably with Contractor, including without limitation owner's failure to carry out its duties. *Those General and Supplementary Conditions reflect the County's standard subsurface exclusions but they have been further narrowed by the following; Section 3.6.3. Contractor acknowledges and agrees that it was required to inspect the Site to determine the scope of work and difficulties to be encountered and assumes all risks that could have been discovered by that inspection. Except for environmental conditions and subsurface or other conditions that could not have reasonably been discovered by a reasonable inspection of the Site within the scope of access the Owner has granted, Contractor is responsible for accommodating all Site conditions in the Final Plans and construction of the Project Work, regardless of when the Site condition is discovered, but shall not be responsible for any conditions of the off-Site Staging and Lay Down Areas, except to the extent that such conditions were disclosed by the drawings and other information provided by Owner to Contractor. Notwithstanding a failure by Contractor to perform its Site investigation due diligence consistent with the access Owner has granted under this Section, Contractor shall be responsible for successfully constructing the Project Work without adjustment of the Guaranteed Maximum Price. Section 5.3. In accordance with Section 3.6.3 of this Agreement, Contractor acknowledges that it has reasonably inspected the Site within the scope of access the Owner has granted for the purpose of digging holes necessary to fully perform the Project Work to a depth of no less than 6.5 feet and has had the opportunity to perform any and all advisable testing as dictated by the Site inspection and the professional expertise of the Contractor. Therefore, with the exception of unusual conditions differing materially from what would normally be encountered given the topography of the Site and subsurface information, any incurred costs in excess of or otherwise not covered by the Guaranteed Maximum Price resulting from Contractor's failure or inability to dig holes measuring 6.5 feet in depth as part of the Project Work shall be the sole responsibility of the Contractor.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Karen Tait, M.D., Health Officer DATE: December 16, 2015 SUBJECT: Consideration of Extending the Proclamation of a Local Health Emergency for an Additional Two-Week Period of Time EXECUTIVE SUMMARY: The Valley Fire is 100% contained. While, removal of hazardous materials and remediation of burned properties is currently under way, it is still 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. ..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: Scott De Leon, Public Works Director DATE: January 15, 2016 SUBJECT: Project completion presentation for Ackley Road at Manning Creek Bridge Replacement Project, Bid No. 15-01; and Approval of Resolution Authorizing the Public Works Director to Sign the Notice of Completion for Ackley Road at Manning Creek Bridge Replacedment Project, Bid No. 15-01 and authorize the Chair to sign said Resolution. EXECUTIVE SUMMARY: On June 16, 2015, the Board approved an Agreement with Granite Construction Company for Ackley Road at Manning Creek Bridge Replacement Project. The work under this Agreement was satisfactorily completed on December 23, 2015. Staff has prepared a resolution authorizing the Public Works Director to sign the Notice of Completion. Staff recommends that the Board of Supervisors approve Resolution Authorizing the Public Works Director to Sign the Notice of Completion for Ackley Road at Manning Creek Bridge Replacement Project, Bid No. 15-01, and authorize the Chairman to execute said 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: Staff recommends that the Board of Supervisors approve Resolution Authorizing the Public Works Director to Sign the Notice of Completion for Ackley Road at Manning Creek Bridge Replacement Project, Bid No. 15-01, and authorize the Chairman to execute said Resolution.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Matt Perry, County Administrative Officer DATE: January 29, 2016 SUBJECT: Consideration of Continuing the Proclamation of Emergency Declaration for Wildfire Conditions 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 I 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 I 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. ..Recommended Action RECOMMENDED ACTION: Staff recommends your Board extend the Proclamation of a Declaration of a Local Emergency due to wildfire conditions.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Chair Brown DATE: January 26, 2016 SUBJECT: Approve Letter of Support to Senator McGuire for Senate Bill 702 - Employment of Minors in Agricultural Packing Plants. EXECUTIVE SUMMARY: See attached Letter of Support to Senator McGuire for Senate Bill 702 - Employment of Minors in Agricultural Packing Plants. ..Recommended Action RECOMMENDED ACTION: Approve Letter of Support to Senator McGuire for Senate Bill 702 - Employment of Minors in Agricultural Packing Plants.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Matt Perry, County Administrative Officer DATE: January 28, 2016 SUBJECT: Consideration of Letter of Support for AB 1642 (Obernolte) to Extend the Period to Pay or Protest the State Fire Prevention Fee and Authorize the Chair to sign. EXECUTIVE SUMMARY: We have been approached by staff of Assemblyman Jay Obernolte's asking your Board to support Assembly Bill 1642, which would extend the period to pay or protest the State's Fire Prevention Fee from 30 days from the date of assessment to 60 days. This is similar to last year's AB 203 which was also introduced by Assemblyman Obernolte. Created by the Legislature and Governor as part of the 2011 Budget, the Fire Prevention Fee charges property owners $152.33 for each habitable structure located in a State Responsibility Area (SRA), with a $35 reduction if they live within the boundaries of a local fire protection district. About 700,000 rural Californians receive a yearly Fire Prevention Fee bill, due 30 days from the date on the notice. Due to the rural nature of those being billed, many individuals do not receive their bills in a timely manner. Additionally, many of these individuals are on fixed incomes, making it nearly impossible for them to pay their Fire Prevention Fee by the 30-day deadline. Increasing the payment due date of the Fire Prevention Fee from 30 to 60 days will ensure greater compliance with the law by giving all owners of habitable structures in an SRA more time to receive their bills. AB 1642 will also give those taxpayers on fixed incomes more time to adjust their budgets. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends your Board approve and authorize the Chair to sign the letter supporting AB 1642.

..Title ..Body MEMORANDUM TO: Board of Directors, LACOSAN FROM: Mark Dellinger, Administrator Jan Coppinger, Compliance Coordinator DATE: January 19, 2016 SUBJECT: Consideration of resolution authorizing Mark Dellinger to sign and submit funding application for Middletown Sewer EXECUTIVE SUMMARY: The Middletown Sewer Treatment facilities are nearing their hydraulic and treatment capacity and improvements will be necessary to accommodate increased wastewater flows and maintain regulatory requirements. A Construction funding application was submitted to State Water Resources Control Board with the intention of implementing a rate increase to secure and satisfy the funding agency's requirements. The community of Middletown was severely impacted by the Valley Fire in September 2015, and the Middletown Sanitation District lost over 200 SFD equivalents. It is not feasible to implement a rate increase while the community is recovering from the Valley Fire. The census data does not indicate that the community is disadvantaged so our Construction application for 100% grant funding was denied. We were told that we could apply for a Planning Grant which has a maximum funding amount of $500,000 and start the planning process while we initiate an income survey or find some means to prove the community is disadvantaged. If approved, these funds will be used to update the preliminary design report that was completed in 2010. The resulting product of this phase of the project will be a description and analysis of existing facilities and needed improvements to meet current and future wastewater flows based on projected growth. The project will include final design with bid ready documents and an updated cost estimate. FISCAL IMPACT: _XX_ 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 request that your Board approve the attached resolution authorizing Mark Dellinger (or his designee) to sign and submit the application and all required documents.

..Title ..Body MEMORANDUM TO: Board of Directors, LACOSAN FROM: Mark Dellinger, Administrator Jan Coppinger, Compliance Coordinator DATE: 1/21/2016 SUBJECT: Resolution authorizing Mark Dellinger to sign and submit funding application for Anderson Springs Sewer System EXECUTIVE SUMMARY: The community of Anderson Springs surrounds Anderson Creek, a small natural stream that flows into Putah Creek. In 1990, an engineering report found that Anderson Springs was located in a poorly suited area for on-site sewage disposal because of small lot size and shallow, course soil conditions. Water samples taken within and downstream of Anderson Springs showed elevated fecal coliform levels. The elevated levels of fecal coliform bacteria represent a significant degradation of surface water quality in Anderson Creek and Putah Creek. A preliminary design report was completed in 2009. The report identified two options for a wastewater collection system that would send flows to the Middletown Sewer Treatment Plant. The community was opposed to any further investigation into a sewer system at that time. In September 2015, 198 of the 212 homes in the Anderson Springs Community burned in the Valley Fire. Many of these homes cannot be rebuilt under current building and set back codes without a sewer system. The community has asked Special Districts to investigate options for a sewer system. We are proposing to submit a funding application for Planning and Design Funds from the State Water Resources Control Board. The application will be for 100% grant funding of $500,000. The tasks and deliverables in the plan of study will include competitively selecting an engineering firm to provide a description and analysis of the options for a collection system that will meet current and future wastewater flows based on growth and projections of homes being rebuilt. It will also include an update to the 2009 Preliminary Design Report. The final product will include final design, bid ready documents and an updated cost estimate. If this funding application is successful, the finished product will help explore all possible avenues of funding to construct the system. FISCAL IMPACT: XX__ 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 are requesting your Board authorize Mark Dellinger (or his designee) to sign and submit the funding application and any subsequent required documents.