Board Of Supervisors — Tuesday, February 23, 2016

..Title ..Body MEMORANDUM TO: BOARD OF SUPERVISORS FROM: Linda Lovejoy, LMFT, MAC Behavioral Health Director DATE: February 23, 2016 SUBJECT: Agreement between the County of Lake and Merritt D. Schreiber, PhD for Implementation of the PsySTART Rapid Triage Incident Management System and for Consultation Services on Disaster Mental Health Response and Recovery for Lake County for Fiscal Year 2015-16. EXECUTIVE SUMMARY: Attached, for your approval, is the Agreement between the County of Lake and Merritt D. Schreiber, PhD. for the Implementation of the PsySTART Rapid Triage Incident Management System and for Consultation Services on Disaster Mental Health Response and Recovery for Lake County for Fiscal Year 2015-16. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $17,400 Amount Budgeted: $17,400 Additional Requested: N/A Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): The amount to fund this Agreement will be paid out of Realignment funds. STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: Lake County Behavioral Health is requesting the approval of the Agreement between the County of Lake and Merritt D. Schreiber, PhD for Implementation of the PsySTART Rapid Triage Incident Management System and for Consultation Services on Disaster Mental Health Response and Recovery for Lake County for Fiscal Year 2015-16 in the amount of $17,400 and to authorize the Board Chair to sign the Agreement.

..Title ..Body MEMORANDUM TO: The Honorable Members of the Lake County Board of Supervisors FROM: Don A. Anderson, District Attorney DATE: February 10, 2016 SUBJECT: Adopt a Resolution Authorizing the Grant Project - Lake County Project to Improve Criminal Justice Response; authorize the Chief Administrative Officer to Sign the Certification of Eligibility, Letter of Nonsupplanting, and Confidentiality Notice Form; and authorize the District Attorney to apply for and accept the grant, if awarded, on behalf of the County of Lake EXECUTIVE SUMMARY: The Office on Violence Against Women under the U.S. Department of Justice released a solicitation for "Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program" - formerly known as the "Grants to Encourage Arrest and Enforcement of Protection Orders Program" - for the period October 1, 2016 to September 30, 2019. The maximum award for this cost-reimbursement grant is $450,000 for the three-year period. There is no matching requirement for this grant, however, there is a special condition of the grant that the State of California does not currently comply with, and 5% of the award will be withheld. For many years, the County of Lake was awarded this federal grant and used the funds to support the vertical prosecution of domestic violence and sexual assault cases as well as aid our grant's non-profit community partners who provide victim services. Due to reduced funding and the increased competitiveness of the grant, County of Lake was not awarded this grant for the past two years. This project, if awarded, will use the funds to fulfill a mission to ensure that sexual assault, domestic violence, dating violence, and stalking are treated as serious violations of criminal law requiring the coordinated involvement of the entire criminal justice system and community-based victim service organizations. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): Being a cost-reimbursement grant, approved grant expenditures will be reimbursed by the Department of Justice on a quarterly basis. STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Adopt a Resolution Authorizing the Grant Project - Lake County Project to Improve Criminal Justice Response; authorize the Chief Administrative Officer to Sign the Certification of Eligibility, Letter of Nonsupplanting, and Confidentiality Notice Form; and authorize the District Attorney to apply for and accept the grant, if awarded, on behalf of the County of Lake

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Scott De Leon, Public Works Director DATE: February 11, 2016 SUBJECT: Approval of Resolution Delegating the County Public Works Director Authority to Negotiate for the Purchase of APN 050-471-080 as part of the bridge replacement on Foard Road and Authorize the Chair to Sign 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 in Lake County, CA. The Anderson Creek Bridge on Foard Road project is slated for construction in 2016. In order to commence negotiations and set just compensation for the required property acquisitions and temporary construction easements, authorization must be provided to the County's Right of Way consultants, Bender Rosenthal Inc., to proceed. The Board of Supervisors approved Resolution No. 2015-173 delegating authority to negotiate and acquire certain real estate transactions under $10,000. One of the parcels covered by Resolution No. 2015-173 that was originally identified as a parcel acquisition will require the full parcel acquisition because the remainder of the parcel would become too small to develop in the future. The acquisition cost of this parcel is estimated to be $11,000. This project is 100% funded for construction with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credits to eligible projects. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. Staff recommends that the Board of Supervisors approve the resolution delegating to the County Public Works Director authority to initiate negotiations for the purchase of APN 050-471-080 and authorize the Chair to sign the Resolution. 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 100% funded for construction with state and federal funds. The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credits 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 approve the resolution delegating to the County Public Works Director authority to initiate negotiations for the purchase of APN 050-471-080 and authorize the Chair to sign the Resolution.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, Social Services Director DATE: February 4, 2016 SUBJECT: Request for Authority to Execute Memorandum of Understanding for Program Enhancement Fee for the Care of Adult Protective Services (APS) Client/Probate Conservatee, "CF", at Ward Residential Care Home EXECUTIVE SUMMARY: CF is a probate conservatee who requires specialized long-term care and because he is also a registered sex offender, placement options are very limited and additional funding, beyond his ability to pay, is required. In 2014, my department entered into an agreement with Ward Care Home, wherein each month $1700 of CF's funds and $100 ("program enhancement fee") of APS Emergency Funds, were combined to pay for his care. Without said care, CF would be on his own, thus constituting an immediate APS emergency. I approved said agreement because it was within my signature authority to do so. More recently, Ward Care Home has advised that they cannot continue to care for CF without an increase in the program enhancement fee to $782 per month effective April 1, 2016. At this increased rate, the ongoing care of CF, who is now 84 years old and bed-bound, would quickly exceed my signature authority. Prior to bringing this matter to your Board for consideration, APS staff conducted an exhaustive search to secure another placement for CF, at less cost than what is required by Ward Care Home. Staff contacted 29 facilities statewide in search of placement for CF and all denied him for reasons including, 'unable to meet client needs', 'not able to accept sex offender', and 'no beds'. In light of these facts, staff requests that your Board authorize the Social Services Director/Public Guardian to execute the attached MOU for the care of CF to be provided by Ward Care Home. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $2,346.00 Amount Budgeted: $6,000.00 Additional Requested: Will shift funds within object code or request CAO approval of budget transfer to cover, as necessary. Annual Cost (if planned for future years): $9,384.00 FISCAL IMPACT (Narrative): There is no County cost associated with this MOU. STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Approve Memorandum of Understanding for Program Enhancement Fee for the Care of Adult Protective Services (APS) Client/Probate Conservatee, "CF", at Ward Residential Care Home, authorizing the Social Services Director/Public Guardian to sign. Thank you for your consideration. CC: Jennifer Fitts, Deputy SS Director Todd Metcalf, Program Manager

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Jill Ruzicka, Deputy County Administrative Office DATE: February 16, 2016 SUBJECT: (Carried over from February 16, 2016) Presentation by Sonoma Media Investment; and Consideration of Contract between the County of Lake and Sonoma Media Investment, Inc. for Print and Online Publications, for Lake County Destination Marketing, a Contract Maximum of $60,775, and Authorization for the County Administrative Officer to Sign. EXECUTIVE SUMMARY: In October 2015, Karleen Arnink-Pate, Chief Revenue Officer for Sonoma Media Investment, Inc. (SMI), the owner of the Press Democrat newspaper came to Lake County to meet with several marketing partners and Lake County business owners. The purpose of the meeting was to hear the concerns from Lake County residents and business owners about the perceived negative portrayal of Lake County in the Press Democrat. The meeting was the brain child of Rebecca Pate, Marketing Consultant for SMI. Ms. Pate lives in Redwood Valley, and has strong ties to Lake County. She is very passionate about promoting Lake County. This initial meeting was followed by a meeting in Santa Rosa with the Chief Executive Officer of Sonoma Media Investment, Inc. Steve Falk, and his Editor and Managing Editor, as well as the advertising team. Concerns and solutions were discussed. Ms. Pate again stressed that she felt Lake County was under-marketed to the North Bay area. To show their commitment to Lake County, Sonoma Media Investment has agreed to be the major sponsor of the Lake County Winery Associations 2016 Wine Adventure, and has offered them quite a robust advertising campaign to promote this Lake County event. Terry Dereniuk, Director of LCWA says, "I believe that they have demonstrated a huge commitment to Lake County." Sonoma Media Investments include the Press Democrat, Petaluma Argus-Courier, Sonoma Index-Tribune, North Bay Business Journal, Sonoma Magazine and Pressdemocrat.com Recently Ms. Pate presented a proposal to Lake County Marketing Program (attached as Exhibit A.) The proposal laid out a 12-month strategy for purchasing ad space within the SMI family, to provide a very visible Lake County presence to the North Bay Area demographic. The proposal is about purchasing ad space, not providing other services. The cost of the ad space for 12 months is $60,775.00 or approximately $5,064/month. LCMP staff and its marketing partners would like to implement the strategies set forth in this plan for the following reasons: 1. SMI has created a strong, consistent plan to actively promote Lake County as a vacation destination to the North Bay Area market. They have also created a robust plan to promote the 2016 Wine Adventure for the LCWA; and they are committed to helping Lake County's economic development. 2. SMI reaches an influential Bay Area market that is primed for weekend trips to Lake County. 3. SMI uses a multi-platform, multi-media strategy. The large digital advertising component of this plan fits into the LCMP marketing strategy of creating a bold, online presence. 4. One of the top objectives of this strategy is to change the negative reputation of Lake County in our neighboring communities, and turn it into a positive reputation. 5. It is very important for Lake County to have a strong, consistent destination marketing message after the summer fires of 2015. There has been a tremendous amount of exposure of Lake County created by the Valley Fire. We need to let people know we're open for tourism business. 6. There are enough funds earmarked for advertising and promotion in Budget Unit 1892 (Marketing and Economic Development) to cover these costs. 7. Because the LCMP markets Lake County to potential visitor outside of our community, its efforts are not often recognized by Lake County residents, and "the County Marketing program isn't doing anything" is heard on a regular basis. Advertising with SMI will create a positive Lake County presence in the North Bay Area, and also among our own Lake County residents. Section 2-34.1 paragraph "d" states, "Purchases of space for legal or other advertising shall not be subject to the provisions of this article." Although the purchasing ordinance does not require a contract for this marketing advertising purchase, it was important to keep your Board apprised of large marketing expenditures. ..Recommended Action RECOMMENDED ACTION: Approve Contract between the County of Lake and Sonoma Media Investment, Inc.'s for print and online publications, for Lake County Destination Marketing, contract maximum of $60,775, and authorize County Administrative Officer 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 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: Jill Ruzicka Deputy County Administrative Officer DATE: February 23, 2016 SUBJECT: Consideration of Amendment 1 to the October 27, 2015 Agreement between the County and Crowd USA, and authorize Chair to sign EXECUTIVE SUMMARY: After a robust selection process, the Lake County Marketing Program (LCMP) selected Crowd USA, to design a new visitor information website that was launched in July 2015. It was the intention of the LCMP to take over the creation of content and maintenance of the website once it was launched. It is very important to the overall destination marketing strategy and the digital destination marketing that the LakeCounty.com website stay up-to-date, with every changing content for potential visitor engagement. However staff has dedicated a large amount of time to the summer fires and the recovery from the Rocky, Jerusalem and Valley Fires, and has been unable to keep the website as up-to-date as is optimum. Therefore staff would like to amend the October 27, 2016 agreement with Crowd to provide online digital marketing, to include the creation of content and maintenance of visitor information website for the next nine (9) months. There are adequate funds in Budget Unit 1892 to cover the cost of the agreement. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $15,300 Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): N/A STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: Staff recommends your Board to Approve Amendment 1 to Agreement between the County of Lake and Crowd, USA, amount not to exceed $15,300 and authorize the Chair to sign.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Matt Perry, County Administrative Officer DATE: February 23, 2016 SUBJECT: Consideration to Rescind Approval of Memorandum of Understanding with California Department of Resources and Recycling Concerning Debris Removal for Rocky and Jerusalem Fires EXECUTIVE SUMMARY: In October 2015, your Board approved a Memorandum of Understanding (MOU) with California Department of Resources and Recycling Concerning (Cal Recylce) addressing the County's responsibilities for debris removal the Jerusalem and Rocky fires. Cal Recycle has not yet approved this MOU (see copy attached). It was intended to amend the MOU to include the Valley Fire or to enter into separate a MOU for the Valley Fire. Neither of these have occurred. In the course of interacting with Cal Recycle on the debris removal project for the Valley Fire, staff has realized that the MOU should be revised to more clearly describe the specific responsibilities of the County in the debris removal operation and more specifically in collecting payment from property owners. 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: In light of the fact that the MOU has not yet been approved by Cal Recycle and needs to be revised, staff recommends that the Board rescind its approval of the MOU and direct Health Services Director Jim Brown (as he is named in the MOU as the County's representative in administering the MOU) to advise Cal Recycle of this action and to engage in further negotiations with CalRecycle to attempt to reach mutually acceptable terms for MOU(s) for the Rocky, Jerusalem and Valley Fires.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, Social Services Director DATE: February 10, 2015 SUBJECT: Consideration of Request for Authority to Apply Applicant Interview Travel Expense Reimbursement Policy to Assist in Attracting Qualified Candidates for Certain Classifications at the Department of Social Services EXECUTIVE SUMMARY: In late 2015, your Board approved the above-referenced policy limited to candidates applying for full-time positions reporting directly to your Board and are invited to a finalist interview. I am requesting authority to apply said policy to improve recruitment outcomes for the following vacant positions at Social Services: Social Worker Supervisor II-CPS (Adoptions) - since November 2013, we have been recruiting (through Merit System Services - MSS) to fill this long-time vacancy with no success, despite repeated recruitment efforts. Recently, I convened a meeting of the HR Director, our MSS Consultant and my Deputy Social Services Director - CPS to discuss this challenge and plan for solutions to fill this highly specialized classification. We agreed on several next steps, including an enhanced recruitment flyer to include notation of the County's New Employee Relocation Expense Policy, greatly expanded advertising in publications pertinent to this specialty, and this request to your Board for authority to apply the above-referenced policy. Program Manager - over the past year, despite repeated recruitments and varied strategies, we continue to struggle to attract and retain qualified Program Managers. Although there are several qualification patterns for this class, your Board may be aware that a number of years ago, my Administration determined our strong preference for candidates who possess a Bachelor's Degree. However, the majority of our applicants lack the preferred education and experience we are seeking. Typically, our Program Managers supervise multiple supervisors, are responsible for large numbers of subordinate staff (more than many other County departments in total) and oversee a variety of programs. It is essential that we secure qualified leaders for these critical positions. In order to potentially utilize the New Employee Relocation Expense Policy (and include reference on future recruitment flyers) I am requesting approval from the County Administrative Officer and the HR Director to designate both of these classes as "hard-to-fill". In addition, I am requesting Board authority to apply the Applicant Interview Travel Expense Reimbursement Policy to Assist in Attracting Qualified Candidates for Social Worker Supervisor II-CPS (Adoptions) and Program Manager. If approved, this too, would be added to recruitment flyers with hope it will lead to improved outcomes. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $9,000.00 maximum Amount Budgeted: Will utilize salary savings as needed Additional Requested: 0 Annual Cost (if planned for future years): Contingent upon vacancy rate at the time. FISCAL IMPACT (Narrative): If we are fortunate enough to secure three viable candidates from out of the area for each of the two classes, the cost would not exceed $9,000. However, given our recruitment history, it is likely that actual expense would be far less as fewer than three viable candidates would be anticipated. Most importantly, there is no County cost associated with this expense as the Department of Social Services is entirely funded with state and federal funds. STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Authorize the Social Services Director to apply the Applicant Interview Travel Expense Reimbursement Policy to Assist in Attracting Qualified Candidates for the Social Worker Supervisor II-CPS (Adoptions) and Program Manager classes. Thank you for your consideration. CC: Kathy Maes, Deputy Social Services Director-CPS Jennifer Fitts, Deputy Social Services Director Michele Dibble, Deputy Social Services Director

..Title ..Body MEMORANDUM TO: The Honorable Board of Supervisors FROM: Jesse Puett, Human Resources Analyst, for Kathy Ferguson, Human Resources Director DATE: Friday, February 19, 2016 SUBJECT: Approval of Group Insurance Committee Recommendation for Modifying the County's Section 125 Plan EXECUTIVE SUMMARY: It has come to the attention of Human Resources that the IRS now allows Marketplace (i.e. CoveredCA) enrollment to act as a qualifying event for mid-year insurance changes. Qualifying events allow employees to make consistent plan changes at any time within the plan year and are events that include, but are not limited to: birth or death of a child, marriage or divorce, adoption of a child, and court ordered coverage. The change, however, is optional. The County's plan must be revised to include language that would allow for spouses and dependents to be dropped from the County's coverage with proof of Marketplace enrollment. After consulting with the County's insurance broker, Alliant, Human Resources has received confirmation that there would be no negative effect to including the change. The Group Insurance Committee is recommending that the County modify the Section 125 plan. FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): None. STAFFING IMPACT (if applicable): None. ..Recommended Action RECOMMENDED ACTION: Staff requests that your Board: 1) Approve the Group Insurance Committee's recommendation to modify the County's Section 125 Plan to allow for marketplace enrollment to act as a qualifying event for mid-year benefit changes; 2) Authorize the Human Resources Director to take any steps necessary to modify the Section 125 Plan.

..Title ..Body MEMORANDUM TO: The Honorable Members of the Lake County Board of Supervisors FROM: Don A. Anderson, District Attorney DATE: February 5, 2016 SUBJECT: Approve Waiver of the Normal Sealed Bid Process as Allowed Under Ordinance #2406, Section 38.2, for the Purchase of Three Chevrolet Impalas for the District Attorney's Office at a Cost Exceeding $25,000, and Authorize the District Attorney to Issue a Purchase Order to the State Contractor, Elk Grove Auto Group, for these Vehicles. EXECUTIVE SUMMARY: The District Attorney's Office is requesting the Board's approval to purchase three (3) 2016 Chevrolet Impalas to replace one (1) failing vehicle and to provide a vehicle for each of the two (2) new District Attorney Investigators. The vendors from whom we received quotes are as follows (quotes are provided as an attachment): Elk Grove Auto Group - $59,885.25 Kathy Fowler Auto Center - $63,654.93 Thurston Auto Plaza - $66,000.00 Although the local vendor, Kathy Fowler Auto Center, quoted us a price that is not greater than 110% of the lowest bid, it does exceed $2,500 over the lowest bid and cannot be given preferential consideration per Ordinance #2406, Section 40.3(b). FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $59,876 Amount Budgeted: $70,500 Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): Funds have been budgeted in the DA Asset Forfeiture Fund 080-2116, account 62.72 STAFFING IMPACT (if applicable): N/A ..Recommended Action RECOMMENDED ACTION: Approve Waiver of the Normal Sealed Bid Process as Allowed Under Ordinance #2406, Section 38.2, for the Purchase of Three Chevrolet Impalas for the District Attorney's Office at a Cost Exceeding $25,000, and Authorize the District Attorney to Issue a Purchase Order to the State Contractor, Elk Grove Auto Group, for these Vehicles.

..Title ..Body MEMORANDUM TO: Board of Supervisors FROM: Carol J. Huchingson, Social Services Director DATE: February 10, 2016 SUBJECT: Request to Approve Purchase of Six (6) Sedans and Authorize Director to Sign Purchase Order and Related Documents EXECUTIVE SUMMARY: Our approved budget for FY 2015/2016 includes the purchase of a number of new vehicles. In January of this year, our department issued a Request for Quotes (RFQ) for six mid-size sedans. After following purchasing protocol and publishing and mailing out the request directly, we received twelve bids. Below you will find the top four bids. Vendor Model Price Elk Grove Ford Fusion $19,600.63 Towne Ford Fusion $19,733.00 Jim Bone Nissan Altima $21,158.50 Thurston Toyota Camry $23,570.88 We are recommending that you approve the purchase of these vehicles from Elk Grove Ford and authorize the Social Services Director to sign the purchase order. FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted Estimated Cost: $117,603.78 Amount Budgeted: $_120,000______ Additional Requested: N/A Annual Cost (if planned for future years): N/A FISCAL IMPACT (Narrative): There is no County cost associated with this purchase. STAFFING IMPACT (if applicable): None ..Recommended Action RECOMMENDED ACTION: Approve the purchase of six (6) Ford Fusion sedans from Elk Grove Ford, in the amount of $117,603.78 and authorize the Social Services Director to sign the purchase order, and all related documents, for said purchase. Thank you for your consideration. cc: Jennifer Fitts, Deputy Social Services Director Edgar Perez, Program Manager

..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; (b) Amendment to Tower and Ground Space License Agreement between U.S. Cellular Corporation, New Cingular Wireless PCS, LLC, and the County of Lake; and (c) 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.