Board Of Supervisors — Tuesday, March 1, 2016

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: February 25, 2016 SUBJECT: Approval of Contract Change Order No. 2 for Highland Springs Road at Highland Creek Bridge Replacement Project, Federal Project No. BRLO-5914(071); Bid No. 15-02 EXECUTIVE SUMMARY: Attached for the Board's review and approval is Contract Change Order (CCO) 2 for the subject project. Contractor installed a water diversion system to convey the flow thru the construction site in accordance with the permit issued by the California Department of Fish and Wildlife (CDFW). Contractor submitted a notice of potential claim for $40,000 and maintained that, based on his interpretation of the contract documents, the creek should have been dry the time of construction and that he would continue to pursue his claim if rejected. The Resident Engineer (RE) rejected the Contractor's claim and maintained that the Contractor's interpretation was not correct as the CDFW's permit did require a water diversion system if the creek were not dry. The Contractor offered to negotiate a settlement. The RE then recommended that the County consider a negotiated settlement in the interest of the project. The issue was brought to the attention of Caltrans Construction Oversight Engineer (COE) since it would lead to arbitration and impact project cost and schedule. COE and the County concurred with RE's recommendation to reach a negotiated settlement with the Contractor since the prolonged process of arbitration would add significant cost to the project and delay the project close-out. The claim was subsequently negotiated with the Contractor. CCO 2 addresses the cost associated with the negotiated settlement and results in an increase of $7,896.24 to the revised contract amount of $877,860.11. 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 that the Board of Supervisors approve CCO 2 and authorize the Chair to execute said CCO for an increase of $7,896.24 and a revised contract amount of $885,756.35. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: 7,896.24 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 that the Board of Supervisors approve CCO 2 and authorize the Chair to execute said CCO for an increase of $7,896.24 and a revised contract amount of $885,756.35.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: February 25, 2016 SUBJECT: Approval of Contract Change Order No. 3 for Highland Springs Road at Highland Creek Bridge Replacement Project, Federal Project No. BRLO-5914(071); Bid No. 15-02 EXECUTIVE SUMMARY: Attached for the Board's review and approval is Contract Change Order (CCO) 3 for the subject project. CCO 3 balances the quantities of several items based on the final quantities accepted for payment to the contractor, and results in a decrease of $19,401.60 to the revised contract amount of $885,756.35. 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 that the Board of Supervisors approve CCO 3 and authorize the Chair to execute said CCO for a decrease of $19,401.60 and a revised contract amount of $866,354.75. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: (-$19,401.60) 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 that the Board of Supervisors approve CCO 3 and authorize the Chair to execute said CCO for a decrease of $19,401.60 and a revised contract amount of $866,354.75 and authorize the Chair to sign

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Jim Brown, Health Services Director DATE: March 1, 2016 SUBJECT: Health Services Requests Board Approval for Out of State Travel to Greensboro, North Carolina From March 20, 2016 Through March 25, 2016 for Sherylin Taylor, PHN, Public Health Nursing Director, Public Health Division EXECUTIVE SUMMARY: As part of Sherylin Taylor's selection to participate in the Robert Wood Johnson Foundation's Public Health Nurse Leaders Program she is required to attend several meetings which occur out of state. The current meeting is scheduled to take place in Greensboro, North Carolina March 21st through March 25th, 2016 and focuses on Leading Others Effectively. Flight, lodging and meals are fully funded through the Public Health Nurse Leaders Program. The Nurse Leader Program is a two year program with the focus on developing a group of senior level Public Health Nurse Leaders (PHNLs) who have the capacity to lead individuals, organizations, and communities to build partnerships around a Culture of Health, and to integrate public health nurse leaders and their work on building a Culture of Health into the existing state action coalitions (ACs) of the Future of Nursing: Campaign for Action. As Health Services Director, I fully support Ms. Taylor's attendance as part of the Robert Wood Johnson Foundation Public Health Nurse Leaders Program. FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): N/A STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: Your Board's approval is requested and recommended. Thank you for your consideration of this request.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: February 17, 2016 SUBJECT: Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and Fee Title on a Portion of a Certain Parcel (APN 008-664-010) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents. EXECUTIVE SUMMARY: The Konocti Road Safe Routes to School project is slated for construction this year. In order to meet the construction schedule the acquisition of certain properties through fee title and temporary construction easements must occur. By approving the purchase of a temporary construction easement and fee title acquisition at the appraised fair market value of $500 for a portion of the listed parcel and authorizing the County Administrative Officer or the Public Works Director to execute necessary documents, the process will be expedited and enable the County to secure the necessary right of ways in time to proceed with construction this year. This project is funded for construction with State Safe Routes to School funds and a 10% County match. The proposed resolution attached to this memorandum, if adopted by your Board, will accomplish the above recommendation. Staff recommends that the Board of Supervisors approve the purchase of a temporary construction easement and fee title acquisition on a portion of parcel 008-664-010, and authorize the County Administrative Officer or the Public Works Director to execute the necessary documents. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): This project is funded for construction with State Safe Routes to School funds and a 10% County match. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff r\Recommends that the Board of Supervisors Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and Fee Title on a Portion of a Certain Parcel (APN 008-664-010) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: February 17, 2016 SUBJECT: Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement on a Portion of a Certain Parcel (APN 008-664-120 ) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents. EXECUTIVE SUMMARY: The Konocti Road Safe Routes to School project is slated for construction this year. In order to meet the construction schedule the acquisition of certain properties through fee title and temporary construction easements must occur. By approving the purchase of a temporary construction easement at the appraised fair market value of $500 for a portion of the listed parcel and authorizing the County Administrative Officer or the Public Works Director to execute necessary documents, the process will be expedited and enable the County to secure the necessary right of ways in time to proceed with construction this year. This project is funded for construction with State Safe Routes to School funds and a 10% County match. The proposed resolution attached to this memorandum, if adopted by your Board, will accomplish the above recommendation. Staff recommends that the Board of Supervisors approve the purchase of a temporary construction easement on a portion of parcel 008-664-120, and authorize the County Administrative Officer or the Public Works Director to execute the necessary documents. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): This project is funded for construction with State Safe Routes to School funds and a 10% County match. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff Recommends that the Board of Supervisors Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement on a Portion of a Certain Parcel (APN 008-664-120 ) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: February 17, 2016 SUBJECT: Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement on a Portion of a Certain Parcel (APN 242-042-010 ) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents. EXECUTIVE SUMMARY: The Konocti Road Safe Routes to School project is slated for construction this year. In order to meet the construction schedule the acquisition of certain properties through fee title and temporary construction easements must occur. By approving the purchase of a temporary construction easement at the appraised fair market value of $500 for a portion of the listed parcel and authorizing the County Administrative Officer or the Public Works Director to execute necessary documents, the process will be expedited and enable the County to secure the necessary right of ways in time to proceed with construction this year. This project is funded for construction with State Safe Routes to School funds and a 10% County match. The proposed resolution attached to this memorandum, if adopted by your Board, will accomplish the above recommendation. Staff recommends that the Board of Supervisors approve the purchase of a temporary construction easement on a portion of parcel 242-042-010, and authorize the County Administrative Officer or the Public Works Director to execute the necessary documents. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): This project is funded for construction with State Safe Routes to School funds and a 10% County match. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff Recommends that the Board of Supervisors Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement on a Portion of a Certain Parcel (APN 242-042-010 ) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: February 17, 2016 SUBJECT: Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and fee title on a Portion of a Certain Parcel (APN 242-041-010) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents. EXECUTIVE SUMMARY: The Konocti Road Safe Routes to School project is slated for construction this year. In order to meet the construction schedule the acquisition of certain properties through fee title and temporary construction easements must occur. By approving the purchase of a temporary construction easement and fee title acquisition at the appraised fair market value of $1,100 for a portion of the listed parcel and authorizing the County Administrative Officer or the Public Works Director to execute necessary documents, the process will be expedited and enable the County to secure the necessary right of ways in time to proceed with construction this year. This project is funded for construction with State Safe Routes to School funds and a 10% County match. The proposed resolution attached to this memorandum, if adopted by your Board, will accomplish the above recommendation. Staff recommends that the Board of Supervisors approve the purchase of a temporary construction easement and fee title acquisition on a portion of parcel 242-041-010, and authorize the County Administrative Officer or the Public Works Director to execute the necessary documents. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): This project is funded for construction with State Safe Routes to School funds and a 10% County match. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and fee title on a Portion of a Certain Parcel (APN 242-041-010 ) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: February 17, 2016 SUBJECT: Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and fee title on a Portion of a Certain Parcel (APN 242-041-020 ) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents. EXECUTIVE SUMMARY: The Konocti Road Safe Routes to School project is slated for construction this year. In order to meet the construction schedule the acquisition of certain properties through fee title and temporary construction easements must occur. By approving the purchase of a temporary construction easement and fee title acquisition at the appraised fair market value of $800 for a portion of the listed parcel and authorizing the County Administrative Officer or the Public Works Director to execute necessary documents, the process will be expedited and enable the County to secure the necessary right of ways in time to proceed with construction this year. This project is funded for construction with State Safe Routes to School funds and a 10% County match. The proposed resolution attached to this memorandum, if adopted by your Board, will accomplish the above recommendation. Staff recommends that the Board of Supervisors approve the purchase of a temporary construction easement and fee title acquisition on a portion of parcel 242-041-020, and authorize the County Administrative Officer or the Public Works Director to execute the necessary documents. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): This project is funded for construction with State Safe Routes to School funds and a 10% County match. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and fee title on a Portion of a Certain Parcel (APN 242-041-020 ) as Part of the Konocti Road Safe Routes to School Project, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: February 17, 2016 SUBJECT: Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and Fee Title on a Portion of a Certain Parcel (APN 013-031-240) as Part of Bridge Replacement Project on Dry Creek Road, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents. EXECUTIVE SUMMARY: On January 13, 2015, the Department of Public Works entered into an Agreement with Bender Rosenthal, Inc. to provide Right of Way services for Four (4) Bridge Replacement Projects and Two (2) Bridge Rehabilitation Projects. The Dry Creek Bridge on Dry Creek Road is slated for construction this year. In order to meet the construction schedule and retain the federal funding allocated for the current fiscal year, the acquisition of certain properties through fee title and temporary construction easements must occur. By approving the purchase of a temporary construction easement and fee title acquisition at the negotiated Administrative Settlement of $750 for a portion of the listed parcel and authorizing the County Administrative Officer or the Public Works Director to execute necessary documents, the process will be expedited and enable the County to secure the necessary right of ways in time to proceed with construction this year. This project is 100% funded with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. The proposed resolution attached to this memorandum, if adopted by your Board, will accomplish the above recommendation. Staff recommends that the Board of Supervisors approve the purchase of a temporary construction easement and fee title acquisition on a portion of parcel 013-031-240, and authorize the County Administrative Officer or the Public Works Director to execute the necessary documents. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: 750 Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): This project is 100% funded with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff Recommends that the Board of Supervisors Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and Fee Title on a Portion of a Certain Parcel (APN 013-031-240) as Part of Bridge Replacement Project on Dry Creek Road, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: February 18, 2016 SUBJECT: Adopt Resolution Approving an Agreement for the Purchase of Fee Title on a Portion of a Certain Parcel (APN 050-471-150) as Part of Bridge Replacement Project on Foard Road, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents. EXECUTIVE SUMMARY: On January 13, 2015, the Department of Public Works entered into an Agreement with Bender Rosenthal, Inc. to provide Right of Way services for Four (4) Bridge Replacement Projects and Two (2) Bridge Rehabilitation Projects. The Anderson Creek Bridge on Foard Road is slated for construction this year. In order to meet the construction schedule and retain the federal funding allocated for the current fiscal year, the acquisition of certain properties through fee title and temporary construction easements must occur. By approving the purchase of fee title acquisition at the appraised fair market value of $500 for a portion of the listed parcel and authorizing the County Administrative Officer or the Public Works Director to execute necessary documents, the process will be expedited and enable the County to secure the necessary right of ways in time to proceed with construction this year. This project is 100% funded with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. The proposed resolution attached to this memorandum, if adopted by your Board, will accomplish the above recommendation. Staff recommends that the Board of Supervisors approve the purchase of fee title acquisition on a portion of parcel 050-471-150, and authorize the County Administrative Officer or the Public Works Director to execute the necessary documents. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): This project is 100% funded with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff Recommends that the Board of Supervisors Adopt Resolution Approving an Agreement for the Purchase of Fee Title on a Portion of a Certain Parcel (APN 050-471-150) as Part of Bridge Replacement Project on Foard Road, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: February 18, 2016 SUBJECT: Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and Fee Title on a Portion of a Certain Parcel (APN 050-471-090) as Part of Bridge Replacement Project on Foard Road, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents. EXECUTIVE SUMMARY: On January 13, 2015, the Department of Public Works entered into an Agreement with Bender Rosenthal, Inc. to provide Right of Way services for Four (4) Bridge Replacement Projects and Two (2) Bridge Rehabilitation Projects. The Anderson Creek Bridge on Foard Road is slated for construction this year. In order to meet the construction schedule and retain the federal funding allocated for the current fiscal year, the acquisition of certain properties through fee title and temporary construction easements must occur. By approving the purchase of a temporary construction easement and fee title acquisition at the appraised fair market value of $4,100 for a portion of the listed parcel and authorizing the County Administrative Officer or the Public Works Director to execute necessary documents, the process will be expedited and enable the County to secure the necessary right of ways in time to proceed with construction this year. This project is 100% funded with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. The proposed resolution attached to this memorandum, if adopted by your Board, will accomplish the above recommendation. Staff recommends that the Board of Supervisors approve the purchase of a temporary construction easement and fee title acquisition on a portion of parcel 050-471-090, and authorize the County Administrative Officer or the Public Works Director to execute the necessary documents. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): This project is 100% funded with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff Recommends that the Board of Supervisors Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and Fee Title on a Portion of a Certain Parcel (APN 050-471-090) as Part of Bridge Replacement Project on Foard Road, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: February 19, 2016 SUBJECT: Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and Fee Title on a Portion of a Certain Parcels (APN 050-471-100 & 140) as Part of Bridge Replacement Project on Foard Road, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents. EXECUTIVE SUMMARY: On January 13, 2015, the Department of Public Works entered into an Agreement with Bender Rosenthal, Inc. to provide Right of Way services for Four (4) Bridge Replacement Projects and Two (2) Bridge Rehabilitation Projects. The Anderson Creek Bridge on Foard Road is slated for construction this year. In order to meet the construction schedule and retain the federal funding allocated for the current fiscal year, the acquisition of certain properties through fee title and temporary construction easements must occur. By approving the purchase of a temporary construction easement and fee title acquisition at the negotiated Administrative Settlement of $8,000 for a portion of the listed parcel and authorizing the County Administrative Officer or the Public Works Director to execute necessary documents, the process will be expedited and enable the County to secure the necessary right of ways in time to proceed with construction this year. This project is 100% funded with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. The proposed resolution attached to this memorandum, if adopted by your Board, will accomplish the above recommendation. Staff recommends that the Board of Supervisors approve the purchase of a temporary construction easement and fee title acquisition on a portion of parcels 050-471-100 & 140, and authorize the County Administrative Officer or the Public Works Director to execute the necessary documents. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $8,000 Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): This project is 100% funded with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff Recommends that the Board of Supervisors Adopt Resolution Approving an Agreement for the Purchase of a Temporary Construction Easement and Fee Title on a Portion of a Certain Parcels (APN 050-471-100 & 140) as Part of Bridge Replacement Project on Foard Road, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: February 19, 2016 SUBJECT: Adopt Resolution Approving an Agreement for the Purchase of Fee Title of a Certain Parcel (APN 050-471-080) as Part of Bridge Replacement Project on Foard Road, and Authorize the County Administrative Officer or the Public Works Director to Execute the Necessary Documents EXECUTIVE SUMMARY: On January 13, 2015, the Department of Public Works entered into an Agreement with Bender Rosenthal, Inc. to provide Right of Way services for Four (4) Bridge Replacement Projects and Two (2) Bridge Rehabilitation Projects. The Anderson Creek Bridge on Foard Road is slated for construction this year. In order to meet the construction schedule and retain the federal funding allocated for the current fiscal year, the acquisition of certain properties through fee title and temporary construction easements must occur. By approving the purchase of fee title acquisition at the negotiated Administrative Settlement of $11,000 for the listed parcel and authorizing the County Administrative Officer or the Public Works Director to execute necessary documents, the process will be expedited and enable the County to secure the necessary right of ways in time to proceed with construction this year. This project is 100% funded with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. The proposed resolution attached to this memorandum, if adopted by your Board, will accomplish the above recommendation. Staff recommends that the Board of Supervisors Adopt a Resolution approving and Agreement for the purchase of a fee title acquisition of parcel 050-471-080, and authorize the County Administrative Officer or the Public Works Director to execute the necessary documents. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $11,000 Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): This project is 100% funded with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Staff recommends that the Board of Supervisors Adopt a Resolution approving and Agreement for the purchase of a fee title acquisition of parcel 050-471-080, and authorize the County Administrative Officer or the Public Works Director to execute the necessary documents.

..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: Brian L. Martin, Sheriff-Coroner DATE: March 1, 2016 SUBJECT: Ceremonial Item EXECUTIVE SUMMARY: Swearing in of New Correctional Officer Saul Arizmendi. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): Swearing in of New Correctional Officer Saul Arizmendi, 9:20 STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION:

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Supervisor Steele DATE: February 23, 2016 SUBJECT: Consideration of and Presentation by Tuleyome Regarding the Support for Purchase of the Silver Spur Ranch. EXECUTIVE SUMMARY: I respectfully request the Board take up the following item for discussion and take action. Please make this an agenda timed item: A presentation by the Tuleyome organization supporting their quest to purchase the Silver Spur Ranch, a 1200 acre property owned by the City of Ten Thousand Buddha's and located within the Snows Mountain, Berryessa National Monument. Tuleyome is applying for Wildlife Conservation Board funding to complete the purchase for public recreational use. ..Recommended Action RECOMMENDED ACTION: Consideration of and Presentation by Tuleyome Regarding the Support for Purchase of the Silver Spur Ranch. I recommend that this Board consider the presentation and if agreed adopt the letter of support as a benefit project to the people of Lake County and authorize the Chair to sign.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Supervisor Steele DATE: February 23, 2016 SUBJECT: Consideration of and Presentation by Tuleyome regarding the establishment of a Northern Coast Range Inner Coastal Conservancy. EXECUTIVE SUMMARY: I respectfully request the Board take up the following item for discussion and take action. Please make this late in the agenda timed item: A presentation by the Tuleyome organization supporting legislation for the establishment of a Northern Inner Coast State Conservancy (NICSC) similar to the Sierra Nevada Conservancy. Senator Lois Wolk and Assemblyman Bill Dodd will carry the legislation. Conservancies in California can provide a strong and coordinated local and regional voice to prioritize and manage projects as well as be a source of funding. As an example the Sierra Nevada Conservancy is a line item in the state budget for the allocation of funds from Proposition 1. The conservancies do not have land use authority and cannot supersede any local jurisdictional authority. California has ten conservancies established by legislation to supplement the work of its traditional state natural resource and public recreation agencies and to help protect regional resources of statewide significance. Clear Lake and its surrounding natural resources fit this intent and Lake County has a history of seeking funds to protect and restore Clear Lake without competitive leverage. A collaborative approach using the conservancy method will significantly improve Lake County's grant application edge. Attached are: � Draft NICSC language � A possible boundary map � Background on State Conservancies � Conservancy Q and A fact sheet � Draft resolution for Lake County FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): ..Recommended Action RECOMMENDED ACTION: Consideration of and Presentation by Tuleyome regarding the establishment of a Northern Coast Range Inner Coastal Conservancy. I recommend that this Board approve the resolution of support for such a conservancy through legislation.

..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: March 1, 2016 SUBJECT: Consideration of Use of County Property for a Dormitory for Work Crews Engaged in Rebuilding Homes for Valley Fire Survivors EXECUTIVE SUMMARY: As Board Chair, I would like to discuss possible options of County owned property available to house a Hope City camp. These folks are volunteers who are coming to Lake County to assist with rebuilding approximately 140 homes. Hope City would build a dormitory style structure for volunteers to be accommodated in while they are assisting during the rebuild process. Once they are complete, the dormitory could be used as an event venue for 4H camp, etc. ..Recommended Action RECOMMENDED ACTION:

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Matt Perry, County Administrative Officer DATE: February 25, 2016 SUBJECT: Consideration of various proposals to restructure the Public Works, Public Services, and Water Resources Departments EXECUTIVE SUMMARY: As your Board will recall, several proposals regarding the structure of the Public Works, Public Services and Water Resources Departments have been suggested. Staff has prepared a financial summary reflecting the cost of each option. (See attached chart.) The cost figures represent the total cost of the Public Services Department 's overall management, fiscal and clerical staff; however, for Public Works and Water Resources the cost figures include only those positions that are affected by the respective re-structuring proposals. Explanation of Cost Summary Chart 1. Option one is the current combination of Public Works and Water Resources together and Public Services as a separate department. The current General Fund cost and contribution of this structure is $217,500, which also includes money from the Geothermal Resources fund. 2. Option two reflects the costs of having three separate departments: Public Works, Public Services and Water Resources. As explained on February 16th, the increased cost to the General Fund or Geothermal Resources fund would be about $133,000 reflecting the 75% of the cost of the Water Resources Director and a full-time accounting position. 3. Option three reflects the cost of combining all departments into one department. This is the lowest cost option for all funds and there is no additional cost to the General Fund. The savings is generated by eliminating the Director of Public Services position. The Road Fund and Solid Waste Fund could jointly save this money or some of the savings could be used for another support position. At a time when all funds are being stretched, this option should be seriously considered. As mentioned in the mid-year budget report, every fund that receives property tax revenue will be seeing a reduction due to the Valley Fire, the General Fund will lose a good portion of the TOT revenue; and Geothermal Resource royalties will also decrease. Therefore, it is prudent to consider combining resources wherever possible. 4. Option four reflects the cost of combining Public Works with Public Services and separating Water Resources as an independent department. This is the second most expensive option as well as causing an increase to the General Fund of $133,250. 5. Option five reflects the cost of combining the Solid Waste Division with Public Works and combining the remaining Public Services Divisions (i.e. Parks, Buildings and Grounds, and Museums) with Water Resources. While programmatically this may have some appeal, this option is not financially feasible. Not only is this option second for the total overall cost, it also has the highest General Fund cost. The financial advantages of combining Parks with Solid Waste are one reason this structure was proposed by former County Administrative Officer Kelly Cox over 20 years ago. The County cannot afford to separate these divisions now. Summary Option 3, combining all departments into one is the most cost efficient and would make the best use of existing management staff. The observation that Public Services is a well-run department and does not need "fixing" is a point in favor of department consolidation as these divisions may not require the attention of a full-time department head. What is "broken" is the County's ability to attract capable and experienced management talent from outside the County. Combining Public Works and Public Services maximizes the available management staff in the County. Combining the departments would make a strong single department; whereas, keeping the departments separate, under the current interim configuration, would vastly weaken the Public Works Department at a time when it cannot afford to suffer when it has many special projects - such as road repair projects and the jail construction project - to manage. The most pressing issue in the Public Services Department is the landfill expansion project. This project could be managed by the Public Works Department just as they manage other special projects. Those that may be concerned that the Parks Division may suffer by being part of Public Works, should keep in mind that the current Public Works Director personally designed many notable park improvements projects in the last 20 years, such as the Clearlake Oaks boat ramp, Hinman and Alpine Parks, and the Lucerne Third Avenue Plaza. Furthermore, no structural changes are proposed to personnel or the operation of the Parks Division, which may actually benefit from being more closely connected to the Road and Engineering & Inspection Divisions of Public Works. ..Recommended Action RECOMMENDED ACTION: Staff recommends your Board leave Water Resources with Public Works and combine Public Services with Public Works as shown on the attached proposed organizational chart. If the Board is concerned with making this permanent, staff proposes a trial period through September 30, 2016 until the upcoming budget cycle is complete. Attachments cc: Scott DeLeon Kim Clymire Lars Ewing

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Sara Shucart, Administrative Assistant DATE: February 19, 2016 SUBJECT: Consideration of Advisory Board appointments EXECUTIVE SUMMARY: Lake County/City Areawide Planning Council - Two (2) vacancies - Member-at-Large Application received: Rachelle Damiata - new applicant 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: Honorable Board of Supervisors FROM: Anita L. Grant, County Counsel DATE: March 1, 2016 SUBJECT: Consideration of Request for Staff Direction to Prepare a Revised Ordinance Regarding Regulations of Taxicabs in Lake County EXECUTIVE SUMMARY: Questions have arisen regarding the obligations of a county to regulate taxicab transportation service. Government Code Section 53075.5 provides in pertinent part as follows: (a) Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every city or county shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county. (b) Each city or county shall provide for, but is not limited to providing for, the following: (1) A policy for entry into the business of providing taxicab transportation service. The policy shall include, but need not be limited to, all of the following provisions: (A) Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the program adopted pursuant to paragraph (3), shall be a condition of issuance of a driver's permit. (B) The driver's permit shall become void upon termination of employment. (C) The driver's permit shall state the name of the employer. (D) The employer shall notify the city or county upon termination of employment. (E) The driver shall return the permit to the city or county upon termination of employment. (2) The establishment or registration of rates for the provision of taxicab transportation service. (3) (A) A mandatory controlled substance and alcohol testing certification program. . . . (B) No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances. (c) Each city or county may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section. (d) Nothing in this section prohibits a city or county from adopting additional requirements for a taxicab to operate in its jurisdiction. (e) For purposes of this section, "employment" includes self-employment as an independent driver. [emphasis added] While all local jurisdictions must adhere to the requirements of Government Code Section 53075.5, there appear to be many different approaches taken to meet those requirements. Attached here for your Board's review, you will see ordinances regulating taxicab transportation services adopted by Placer, Sonoma, Stanislaus, and Yolo. Also attached is a copy of the County of Lake's present taxicab ordinance. ..Recommended Action RECOMMENDED ACTION: If your Board wishes to amend and/or alter the County's current ordinance in any way, direction to staff may be given by motion or consensus.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Jeff Rein, Chief Deputy County Administrative Officer DATE: February 4, 2016 SUBJECT: Consideration of (a) Pole Attachment Agreement between the County of Lake and Pacific Bell Telephone Company; and (b) Amendment to Tower and Ground Space License Agreement between U.S. Cellular Corporation, New Cingular Wireless PCS, LLC, and the County of Lake 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.