LAKEPORT, Calif. – For the third straight week the Board of Supervisors is scheduled to discuss a request from Sheriff Frank Rivero to provide him with legal representation because of an ongoing investigation by the district attorney into a 2008 shooting in which Rivero was involved.

The meeting will being at 9 a.m. Tuesday, Feb. 28, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.

The continued discussion on Rivero’s legal representation is untimed.

Last week, the Board of Supervisors voted unanimously to direct the County Counsel’s Office to analyze creating an “ethical wall” to allow it to represent Rivero in his dispute with District Attorney Don Anderson, who is investigating the shooting.

County Counsel Anita Grant said waivers would be necessary from both Anderson and Rivero in order for her office to represent the sheriff.

While Anderson reportedly had indicated a willingness to waive the conflict of interest, following last week’s meeting Rivero had an attorney contact Grant’s office to say he would not waive the conflict issue, as Lake County News has reported.

In other board business, at 9:15 a.m. the board will hold a public hearing on a proposed land exchange, with county staff recommending exchanging a county-owned property at 14102 E. Highway 20 in Clearlake Oaks for a property at 12555 E. Highway 20, also in Clearlake Oaks, that currently is the location of a tattoo parlor.

The county is pursuing the use of the property at 12555 E. Highway 20 as public parking for the Clarks Island park that is under development, according to a staff report.

The full agenda follows.

TIMED ITEMS

9 a.m., A-1 to A-4: Approval of consent agenda, which includes items that are expected to be routine and noncontroversial, and will be acted upon by the board at one time without discussion; presentation of animals available for adoption at Lake County Animal Care and Control; consideration of items not appearing on the posted agenda, and contract change orders for current construction projects.

9:05 a.m.: Citizen's input. Any person may speak for three minutes about any subject of concern, provided that it is within the jurisdiction of the Board of Supervisors and is not already on the agenda. Prior to this time, speakers must fill out a slip giving name, address and subject (available in the clerk of the board’s office, first floor, courthouse).

9:15 a.m., A-5: Public hearing, consideration of proposed exchange of property consisting of land currently owned by the county, located at 14102 E. Highway 20, Clearlake Oaks (APN 006-550-24) and property located at 12555 E. Highway 20, Clearlake Oaks, CA (APN 035-111-23) to be used as parking or other public facilities in connection with Clarks Island Park.

9:20, A-6: Hearing, nuisance abatement assessment confirmation and proposed recordation of notice of lien in the amount of $10,017.37 – 6488 Soda Bay Road, Kelseyville, CA (APN 044-034-07 - Ron Rose).

9:25 a.m., A-7: Hearing, nuisance abatement assessment confirmation and proposed recordation of Notice of Lien in the amount of $20,743.47 – 12595 Highway 175, Loch Lomond, CA (APN 011-067-10 – Deutsche Bank National Trust).

9:30 a.m., A-8: Consideration of proposed road benefit zone for a portion of the roads in the Clear Lake Riviera and county funding contribution to the benefit zone.

10 a.m., A-9: (a) Presentation from CSU Chico Center for Economic Development regarding the Upstate California Consortium Broadband Planning effort; and (b) consideration of proposed Resolution in support of the formation of a broadband alliance with the Upstate California Consortium to bring broadband to rural areas of Northern California.

10:30 a.m., A-10: Consideration of recommendation for board action to close trailered vessel access to Clear Lake at Crystal Lake Way Extension and Rodman Slough.

11 a.m., A-11: Presentation and possible board action regarding alternative on-site aerobic waste water treatment systems.

1:30 p.m., A-12: Assessment appeal hearing: Mary Leahy - Application No. 113-2010 - 3365 Grey Avenue, Clearlake, CA (APN 039-462-630-000).

1:35 p.m., A-13: Closed session, public employee disciplinary appeal No. EDA 2012-02, Government Code Section 54957.

1:45 p.m., A-14: Assessment appeal hearing: Donald and Bonnie Jackson – Application No. 268-2010 - 8651 Paradise Valley Boulevard, Lucerne, CA (APN 060-332-150-000).

2 p.m., A-15: Assessment appeal hearing: Renee Finster - Application No. 173-2010 - 5288 Tewa Court, Kelseyville, CA (APN 430-151-290-000).

NONTIMED ITEMS

A-16: Supervisors’ weekly calendar, travel and reports.

A-17: Closed session, consideration of proposed findings of fact regarding Public Employee Disciplinary Appeal No. EDA 2012-01, Government Code Section 54957.

A-18: Continued from Feb. 14 and 21, consideration of sheriff’s request for legal representation pursuant to Government Code Section 31000.6.

A-19: Advanced from Feb. 21, consideration of proposed ordinance establishing a permit and service fee schedule for the Environmental Health programs of the Lake County Department of Health Services. Second reading.

A-20: Consideration of proposed amendment 11 to the agreement between the county of Lake and MRO Engineers for engineering services for the Soda Bay Bridge Replacement over Cole Creek.

CLOSED SESSION

A-21: 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, S. Harry, L. Guintivano, M. Perry and J. Hammond; and (b) the Lake County Deputy Sheriff's Association, Lake County Correctional Officer's Association and Lake County Deputy District Attorney's Association.

CONSENT AGENDA

C-1: Approve minutes of the Board of Supervisors meeting held on Feb. 21, 2012.

C-2: Approve sixth amendment to agreement between the county of Lake and Lake Legal Defense Services Inc. to provide indigent criminal defense services (extending the agreement an additional 24 months), and authorize the chair to sign.

C-3: Approve advanced step hiring of extra help Auditor-Appraiser III Bob Renker due to applicant’s extraordinary qualifications (fifth step salary range).

C-4: Approve request by Villa Blue Estate Water District to allow a five-year audit period.

C-5: Approve the specialized extra help Area Agency on Aging director classification.

C-6: Approve first amendment to agreement between the county of Lake and Redwood Toxicology Laboratory Inc., for drug and alcohol testing services (extending the agreement an additional 12 months), and authorize the chair to sign.

C-7: Adopt resolution amending Resolution No. 2011-125, establishing position allocations for Fiscal Year 2011-2012, Budget Unit No. 5011, Department of Social Services (delete one Office Assistant II-CDL and add one Office Assistant III position effective Feb. 28, 2012; and delete one Secretary I/II effective March 21, 2012).

LAKE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS

C-8: (a) Approve Easement Deeds and direct clerk to certify for recordation (APNs 039-321-01 and 02 – Scott Mullikin), and approve right of way agreements between the county of Lake and Scott Mullikin for the construction of the wastewater force main sanitary sewer line; (b) approve easement deeds and direct clerk to certify for recordation (APNs 010-043-41, 42 and 48 – Sunflower Asset LLC), and approve right of way agreements between the county of Lake and Sunflower Asset LLC for the construction of the wastewater force main sanitary sewer line; (c) approve easement deed and direct clerk to certify for recordation (APN 039-462-18 – Maria Montoya), and approve right of way agreements between the county of Lake and Maria Montoya for the construction of the wastewater force main sanitary sewer line; (d) approve easement deeds and direct clerk to certify for recordation (APNs 039-462-66 and 67 – Marcos Hernandez Jr.), and approve right of way agreements between the county of Lake and Marcos Hernandez Jr. for the construction of the wastewater force main sanitary sewer line; and authorize the chair to sign all right of way agreements.

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