LAKEPORT, Calif. – On Tuesday the Board of Supervisors will once again take up the sheriff's request for legal counsel in a dispute with the district attorney and will consider whether to order a study of the fiscal impact of a medical marijuana cultivation initiative set to go on the ballot this June.

The meeting will begin at 9 a.m. Tuesday, March 6, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.

At 9:40 a.m., the board will continue its consideration of Sheriff Frank Rivero's request for legal counsel to represent him in a dispute with District Attorney Don Anderson.

Anderson is reportedly investigating a 2008 shooting in which Rivero was involved. While Anderson has expressed willingness to waive a conflict of interest in order to allow the County Counsel's Office to represent Rivero, an attorney for Rivero informed county counsel two weeks ago that the sheriff was unwilling to waive the conflict.

Later in the meeting, during an untimed closed session, supervisors will discuss Rivero's ongoing U.S. Equal Employment Opportunity Commission claim against the county.

The claim, filed in 2009, alleges discrimination because of Rivero's Cuban origin and retaliation for reporting harassment Rivero alleges that he was subjected to during his employment as a sheriff's deputy.

In other business, during untimed item, the board will consider requesting preparation of a tax rate statement regarding the anticipated fiscal impact of County Measure “D” – the Lake County Medical Marijuana Cultivation Act of 2012 – on county revenues and expenditures.

The board also is set to hold a closed session discussion on appointing an interim county administrative officer.

Longtime County Administrative Officer Kelly Cox is set to retire Friday, March 16, and the recruitment is still under way, but not expected to be completed by Cox's retirement date, according to the county.

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: Presentation regarding the recent restoration of the Hells Bend District Schoolhouse.

9:30 a.m., A-6: Presentation of proclamation celebrating the 100th anniversary of the Girl Scouts.

9:40 a.m., A-7: Continued from February 14, 21 and 28 – consideration of sheriff’s request for legal representation pursuant to Government Code Section 31000.6.

10:30 a.m., A-8: Discussion of new state fees for fire protection and potential appointment of working group to study modifications to the Cal Fire State Responsibility Area (SRA) map for Lake County.

11 a.m., A-9: Presentation of Employee Service Awards.

11:15 a.m., A-10: Public hearing, consideration of future grant applications for the Community Development Block Grant (CDBG) Program.

11:30 a.m., A-11: Presentation of status report regarding county roads and road funding.

1:30 p.m., A-12: Hearing, nuisance abatement of 16235 Roberts Road, Middletown, CA (APN 013-054-07 - Andrzej Skwira & Ahanna Solaris).

NONTIMED ITEMS

A-13: Supervisors’ weekly calendar, travel and reports.

A-14: Closed session, Public Employee Disciplinary Appeal No. EDA 2012-03, Gov. Code Sec. 54957.

A-15: (a) Discussion/consideration of request to waive the formal bidding process and make a determination that competitive bidding would produce no economic benefit to the county; and (b) consideration of proposed agreement between the county of Lake and Ruzicka & Associates for engineering services for the Clearlake Oaks Senior Center.

A-16: Consideration of proposed resolution to amend the Adopted Budget for FY 2011-12 by making various adjustments to Budget Unit 2116-DA Asset Forfeiture (in the amount of $20,000, for the purchase of a forensic extraction device, video conferencing equipment and surveillance equipment).

A-17: Discussion/consideration of option, pursuant to Elections Code Section 9160, to request the preparation of a tax rate statement regarding anticipated fiscal impact of County Measure “D” – Cultivation Act of 2012 on County revenues and expenditures.

CLOSED SESSION

A-18: 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, S. Harry, L. Guintivano, M. Perry and J. Hammond; and (b) Employee Organization: Lake County Deputy Sheriff's Association, Lake County Correctional Officer's Association and Lake County Deputy District Attorney's Association.

2. Conference with Legal Counsel: Significant Exposure to Litigation pursuant to Gov. Code Sec. 54956.9(b)(1)(A): Four potential claims.

3. Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code Sec. 54956.9(a): EEOC Claim of Francisco Rivero.

4. Public Employee Performance Evaluation: Public Works Director Scott De Leon.

5. Appointment of interim county administrative officer.

CONSENT AGENDA

C-1: Approve minutes of the Board of Supervisors meeting held on Feb. 28, 2012.

C-2: Adopt proclamation celebrating the 100th Anniversary of the Girl Scouts.

C-3: Adopt resolution accepting conveyance of real property located in the Northshore Project Area of the former Lake County Redevelopment Agency, pursuant to the recommendations by the County
Redevelopment Oversight Committee.

C-4: Authorize destruction of deposit permits from 2005-2006, receipts duplicates records from 2005-2006, department time cards/time off requests from 2005-2006, payroll registers from 1995-1996, payroll time reports & hours proof from 2005-2006, vacation and sick accruals (monthly) from 2005-2006, property tax rolls-secured from 1998-1999, tax rolls-unsecured from 2005-2006 and tax rolls-delinquent secured from 1998-1999 per Auditor-Controller/County Clerk memorandum dated Feb. 24, 2012.

C-5: Agreement between the county of Lake and Anthem Blue Cross Path2Health and CMSP for participation to deliver Mental Health and Alcohol and Other Drug services to eligible participants, and
authorize the chair to sign.

C-6: Approve payment of late travel claim for Marilyn Johnson, per the Social Services Director’s memorandum dated Feb. 21, 2012.

C-7: Agreement between the county of Lake and Water Works Engineers (in association with Ruzicka Associates) for preliminary engineering services for the CSA 20-Soda Bay Water System, in the
amount of $43,000, and authorize the chair to sign.

LAKE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS

C-8: Approve easement deeds and direct clerk to certify for recordation (APN 039-332-13 - Joseph Ross and Sheila Ross), and approve right of way agreement between the county of Lake and Joseph Ross and Sheila Ross for the construction of the wastewater force main sanitary sewer line; (b) approve easement deeds and direct clerk to certify for recordation (APN 039-484-62 - Clifford Rogers), and approve right of way agreement between the county of Lake and Clifford Rogers for the construction of the wastewater force main sanitary sewer line; (c) approve easement deed and direct clerk to certify for recordation (APN 039-462-49 - Roger Hill), and approve right of way agreement between the county of Lake and Roger Hill for the construction of the wastewater force main sanitary sewer line; (d) approve easement deed and direct clerk to certify for recordation (APN 039-374-05 - Melvin Dooley and Frances Dooley); and approve right of way agreement between the county of Lake and Melvin Dooley and Frances Dooley for the construction of the wastewater force main sanitary sewer line; (e) approve easement deed and direct clerk to certify for recordation (APN 039-462-11 - Eryck Lee and Charlotte Lee); and approve right of way agreement between the county of Lake and Eryck Lee and Charlotte Lee for the construction of the wastewater force main sanitary sewer line; (f) approve easement deed and direct clerk to certify for recordation (APN 039-484-33 - William Miller); and approve Right of Way Agreement between the county of Lake and William Miller 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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