Supervisors hold first hearing on Kelseyville cell tower project appeal; decision held over

LAKEPORT, Calif. – The Board of Supervisors this week held the first hearing of an appeal of the Lake County Planning Commission's denial of a plan to locate a cell phone tower in a Kelseyville neighborhood.

With Board Chair Rob Brown absent from the meeting, Supervisor Jeff Smith – who chaired the meeting in Brown's stead – said they would take public input and continue the hearing until July 26.

Smith said it was the request of Brown – whose district includes Kelseyville – that he have a chance to review the public input and be a part of a final decision.

Epic Wireless of Granite Bay, on behalf of Verizon Wireless, appealed the commission's decision to deny the major use permit for the project, set to be built on a portion of a 17-acre property at 5660 Staheli Drive that currently includes a residence, outbuildings and an unused walnut orchard.

The county staff report showed that Verizon currently operates nine cell antenna sites in Lake County, with the company planning 12 more sites planned within the unincorporated county, and the cities of Clearlake and Lakeport.

While the project does not meet general plan requirements including locating it away from residential areas, locating it on existing facilities and structures and properly camouflaging it to better integrate into existing conditions, the county planning staff proposed that there were legitimate reasons – including the applicant's plan to provide alternative communication options during a disaster – to find it consistent with the general plan.

While staff recommended the adoption of the project with numerous conditions, at its Jan. 14 meeting the commission voted to deny the major use permit based on its failure to meet the requirements of the Lake County Zoning Ordinance and the siting requirements in the general plan.

The original county planning report said the company reviewed “quite a few” sites – although it did not give a specific number – that were rejected for reasons including the property owners not wanting the tower on their property, lack of space or diminished coverage.

An alternative site analysis that Epic Wireless completed in April outlined tests for three other sites, including 4695 Cole Creek Road and 4820 Loasa Road, which were submitted for review by the Lake County Planning Department, and 6738 Live Oak Drive, which the Kelseyville Business Association asked be considered. The first two sites were considered either too far to the south or to the north, respectively, with the Live Oak Drive site requiring the tower to be taller.

Originally proposed as a 75-foot-tall “monopine” – built to resemble a pine tree – Epic Wireless representative Andrew Lesa told the supervisors that the plans were revised to reduce the height to 64 feet in response to community concerns.

Lesa said Verizon was proposing the new tower to broaden existing cell coverage in the Kelseyville area, lessen the number of dropped cell calls, provide faster data speeds for wireless devices and benefit emergency responders.

On the latter point, Lesa cited last summer's fires in pointing out connectivity issues that were experienced by the command and evacuation centers set up in the area.

In creating facilities, they select central locations, with Lesa saying the facilities now need to be closer to towns and traffic areas.

A third-party contractor for Epic Wireless also was on hand to tell the board that the tower project's radio emissions would be about 30 times less than the Federal Communication Commission's limit.

Lesa also noted during the meeting that he made a scheduling mistake and had missed being at the January planning commission meeting.

Of the 11 people who gave testimony, only two – a neighbor who said she can't get landline service at her property and Undersheriff Chris Macedo – spoke in favor of locating the tower at the property.

Nina Marino, who lives on Staheli, across the street from proposed tower, said the area is a small rural neighborhood, with single family homes, open space and vineyards. “This is a commercial, industrial project.”

She said the project violates the general plan, adding that if the company had representatives at the planning commission meeting they would have heard that the residents wanted to work with them to find another location.

Mark Borghesani also raised concerns about the project, questioning why it wasn't located in Kelseyville's industrial or commercial areas.

He said the company came to Kelseyville Business Association meetings to say where they wanted to put the facility but didn't offer alternatives.

Borghesani said they should have worked to keep it out of residential areas. “They didn't. This is right dead smack in the middle of houses.”

Sheriff Brian Martin spoke not about the location but about the need for wireless facilities in light of the transition from landlines to cell phones.

Since January, the sheriff's Central Dispatch center has received 4,228 emergency calls from landlines and 8,677 from cell phones, he said.

Recently, the sheriff's office installed mobile data terminals/computers in cars, and they rely on Verizon to adequately provide service for that equipment, which allows deputies to respond quicker to calls, complete reports in the field and transmit information during emergency calls, Martin said.

In addition to the emergency telephonic notification system the sheriff's office uses, it's also now using the Integrated Public Alert and Warning System, or IPAWS, which allows them to send out emergency alerts over cell phones, which Martin said requires adequate cell service.

“These services are definitely important,” he said, noting that based on AT&T records, there are 18,240 landlines in the county.

Later in public comment, Macedo would echo Martin's comments about the importance of the services. He said such technology infrastructure is not optional for police and fire.

“This type of infrastructure now has become vital in order for us to do our jobs safely and effectively, and to keep people in Lake County as safe as possible,” he said.

In reply, Supervisor Jim Steele said he didn't feel the proper analysis had been done and said he hoped the sheriff's office would sit down with Verizon to get the coverage it needs.

“My question is then, where do you draw the line on analysis?” Macedo asked, explaining that they can come up with hypotheticals all day long, and that in the California Environmental Quality Act there are guidelines for dealing with analysis.

Smith said Macedo brought up a good question about where to draw the line.

“The line has already been drawn,” said Steele, faulting the project analysis. “They drew the line for the area of service and they didn't finish out the analysis. That's the point.”

Steele said Verizon has suggested the site of the tower, and that the public's concerns were not arbitrary. “It's actually going to have an impact on them and their property values.”

Lesa maintained that they did analyze other sites. Steele said they should take the suggestions from the Kelseyville Business Association and complete a more thorough review. “You should not short shrift the public's concern.”

Macedo agreed with Steele on putting the public first, adding that he looked at the business association documents and found no scientific or substantive data that the alternate sites would offer better coverage.

Smith originally had suggested bringing the matter back on July 12, but Epic Wireless requested July 19. With that board meeting already having the appeal of the commission's denial of a Dollar General store in Middletown, the board suggested holding it over to another meeting.

Ultimately, Smith had it agendized for 9:30 a.m. Tuesday, July 26.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

Clearlake City Council plans special meetings June 30

CLEARLAKE, Calif. – The Clearlake City Council will hold two special meetings on Thursday evening to discuss an argument related to a new sales tax measure and for a training workshop with the Clearlake Planning Commission.

The council will meet in closed session beginning at 5 p.m. Thursday, June 30, for a performance evaluation of City Manager Greg Folsom before the open session begins at 5:30 p.m. in the council chambers at Clearlake City Hall, 14050 Olympic Drive.

The only listed item of business for the open session is consideration of submitting arguments in favor of Measure V, the road maintenance and improvements transactions and use tax the council approved placing before voters last week.

The one-cent sales tax is to go on the November ballot.

At 6 p.m. the council will convene a special joint meeting with the Clearlake Planning Commission for the purpose of holding a California Environmental Quality Act workshop.

The workshop will be led by the city's planning consultant, Gary Price, and City Attorney Ryan Jones.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

063016 Clearlake City Council agenda packet by LakeCoNews

Supervisors to honor retiring department heads, rescind Hope City resolution

LAKEPORT, Calif. – This week the Board of Supervisors will retire two longtime department heads on their retirement and rescind a resolution passed in the spring related to a dormitory for fire recovery workers.

The board will meet beginning at 9 a.m. Tuesday, June 28, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport.

The meeting can be watched live on Channel 8 and online at http://www.co.lake.ca.us/Government/Boards/Board_of_Supervisors/calendar.htm . Accompanying board documents, the agenda and archived board meeting videos also are available at that link.

At 9:10 a.m., the board will present proclamations to Special Districts Administrator Mark Dellinger and Health Services Director Jim Brown.

Dellinger will be succeeded by Jan Coppinger, with Denise Pomeroy to act as interim Health Services director while the county continues to consider whether to create a “super agency” by combining the Behavioral Health, Health Services and Social Services departments.

In an untimed item, the board will consider a resolution in support of Hope Crisis Response Network to construct a dormitory and rebuild homes for uninsured and underinsured victims of the Valley fire and to rescind Resolution No. 2016-60.

The previous ordinance approved building the dormitory at Middletown Trailside Park, but that location is now off the table, officials reported.

The full agenda follows.

CONSENT AGENDA

7.1: Adopt proclamation commending Mark Dellinger, Special Districts Administrator, for his years of service.

7.2: Adopt proclamation commending Jim Brown, Health Services director, for his years of service.

7.3: Approve long distance travel of more than 1,500 miles for Douglas Gearhart, air pollution control officer (or Elizabeth Knight, AQPC as an alternate) to attend the 2016 National Ambient Air Monitoring Conference in St. Louis, Missouri from Aug. 8 to 11, 2016, utilizing Federal EPA grant funding received.     

7.4: Approve second amendment to the agreement between the county of Lake and Crestwood Behavioral Health for adult residential support and specialty mental health services for FY 2015-16 for an increase of $195,000 and a contract maximum of $745,000 and authorize chair to sign.   

7.5: Approve first amendment to the agreement between the county of Lake and North Valley Behavioral Health LLC for acute psychiatric hospital services for FY 2015-16 for a contract maximum of $200,000 and authorize chair to sign.

7.6: Approve third amendment to the agreement between the county of Lake and Native American Mental Health Services dba North American Mental Health Services (NAMHS) for telepsychiatry services for FY 2015-16 for a contract maximum of $340,000 and authorize chair to sign.

7.7: Approve first amendment to the agreement between the county of Lake and Milhous Children's Services for specialty mental health services for fiscal year 2015-16 for a contract increase of $10,000 for a new contract maximum of $35,000 and authorize the chair to sign.

7.8: Approve second amendment to the agreement between county of Lake and Center Point DAAC for detoxification and residential services for fiscal year 2015-16 for an increase of $25,000 for a new contract maximum of $85,000 and authorize the chair to sign.   

7.9: Approve first amendment to agreement between the county of Lake and women's recovery services for fiscal year 2015-16 for an increase of $18,000 for a new contract maximum of $48,000 and to authorize chair to sign.    

7.10: Approve second amendment to agreement between the county of Lake and Victor Treatment Centers Inc. for children's specialty mental health services for FY 2015-16, an increase of $30,00 for a new contract maximum of $90,000 and authorize chair to sign.

7.11: Approve first amendment to the agreement between the county of Lake and St. Helena Hospital for acute hospital services for fiscal year 2015-16 for a contract maximum of $160,000 and authorize chair to sign.

7.12: Approve amendment to lease agreement between the county of Lake and DFM Associates for a five-year year extension (FY 16/17 - FY 20/21) for Electronic Information Management System (EIMS), in the amount of $21,470.52 annually and authorize the chair to sign.    

7.13: Adopt resolution authorizing the Public Services director to execute all documents necessary to implement and secure all city/county payment program beverage container recycling grants through CalRecycle.

7.14: Approve Amendment No. 3 to equipment repair and service contract between the county of Lake and Peterson Tractor Co. in the amount of $60,000.00 and authorize chair to sign.

7.15: Adopt resolution approving right-of-way certification for East Lake Elementary Safe Routes to School and CDBG Project - Federal Aid No. SR2SL-5914 (064), SRTSL-5914 (057) and SRTSL-5914 (097).     

7.16: Adoption of a resolution authorizing the director of Public Works to sign statement of compliance and agreements with the Lake Area Planning Council.

7.17: (a) Waive the formal bidding process, per Ordinance #2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) approve agreement between the county of Lake and A&P Helicopters for fiscal year 2016/17 in the amount of $100,000 and authorize the chair to sign.   

7.18: (a) Approve the facility agreement between the county of Lake and Chapel of the Lakes, for FY 16-17 retroactive to Feb. 26, 2016, at a rate of $225/hr with a minimum of three hours and authorize the chair to sign; (b) approve agreement between the county of Lake and Chapel of the Lakes, for FY 16-17 retroactive to Feb. 26, 2016, for mortuary services, with costs varying per services obtained, and authorize the chair to sign; (c) approve agreement between the county of Lake and Jones Mortuary, for FY 16-17 retroactive to Feb. 26, 2016, for mortuary services, with costs varying per services obtained, and authorize the chair to sign; (d) approve agreement between the county of Lake and Jones and Lewis Mortuary for mortuary services, for FY 16-17 retroactive to Feb. 26, 2016, for mortuary services, with costs varying per services obtained, and authorize the chair to sign.           

7.19: Approve agreement between the Lake County Sheriff's Department and U.S. Forest Service for FY 16/17 annual operating and financial plan, in the amount of $13,000 for controlled substance operations, and authorize the sheriff and the chair to sign.        

7.20: ADDENDUM - Approve first amendment to the agreement between the county of Lake and Edgewood Center for Children and Families for specialty mental health services for fiscal year 2015-16 for a decrease of $30,000 and a new contract maximum of $20,000 and authorize the chair to sign.     

TIMED ITEMS

8.2, 9:10 a.m.: Presentation of (a) proclamation commending Mark Dellinger, Special Districts administrator; and (b) proclamation commending Jim Brown, Health Services director.          

8.3, 9:30 a.m.: Public hearing, consideration of appeal (AB 16-01) of Planning Commission's denial of Use Permit (15-10) to construct a new seventy-five foot (75') monopole cellular antenna; project located at 5660 Staheli Drive, Kelseyville (APN 008-050-22); applicant is Epic Wireless Group for Verizon Wireless.

8.4, 10:15 a.m.: Hearing, nuisance abatement assessment confirmation and proposed recordation of notice of lien in the amount of $5398.94, for 2910 King St, Nice, CA (APN 030-175-23 -Leslie Chretien).

8.5, 10:25 a.m.: Hearing, nuisance Abatement assessment confirmation and proposed recordation of notice of lien in the amount of $2319.42, for 7128 Liberty St, Nice, CA (APN 031-201-01 - Robert and Georgia Owens):

8.6, 10:35 a.m.: Hearing, nuisance abatement assessment confirmation and proposed recordation of notice of lien in the amount of $2584.58, for 24461 Bradford Rd, Middletown, CA (APN 013-054-10 - S. Merch Royce).

8.7, 10:45 a.m.: Public hearing, consideration of proposed update to the housing element portion of the General Plan (GPAP 16-05) and negative declaration based on Initial Study (IS 16-11).

8.8, 11 a.m.: Assessment appeal hearing, sitting as the Lake County Local Board of Equalization, Daniel Fossa - Application No. 01-2014 - 9270 Wildcat Rd., Kelseyville, CA (APN 011-044-04) Karl and Debora Bakhtiari - Application No. 02-2014 - 8268 Peninsula Dr., Kelseyville, CA (APN 044-320-13).

8.9, 11:15 a.m.: Consideration of waiving the competitive bidding process pursuant to Lake County Code Section 2-38.5 and consideration of approval of agreement between Absolute Aeration, LLC and Lake County Sanitation District in the amount of $436,614 over a time period of 12 to 14 months, and authorize the chair to sign.

UNTIMED ITEMS

9.2: Consideration of resolution in support of Hope Crisis Response Network to construct a dormitory and rebuild homes for uninsured and underinsured victims of the Valley fire and to rescind Resolution No. 2016-60.

9.3: Consideration of letter in support of the National Emergency Dislocated Worker Grant (NEDWG), administered by California Human Development (CHD) to La Cooperative Campesina de California and authorize the chair to sign.

9.4: Consideration to adjourn Board of Supervisors meeting July 5, 2016.        

9.5: Consideration of the following appointments: Building Board of Appeals.

9.6: Approve second amendment to agreement between the county of Lake and Victor Treatment Centers Inc. for children's specialty mental health services for FY 2015-16, an increase of $30,00 for a new contract maximum of $90,000 and authorize chair to sign.     

9.7: Consideration of appointments to the newly consolidated Lake County Resource Conservation District.

9.8: Consideration of approval of agreement between the county of Lake and Quincy Engineering Inc. for construction management services for Foard Road at Anderson Creek and Dry Creek Road at Dry Creek Bridge Replacement Projects in Lake County.

9.9: Consideration of approval of notice of award and contract for the Matthews Road at Manning Creek Bridge Replacement Project; Bid No. 16-02, Federal Aid Project No. BRLO-5914 (072), to Granite Construction Co., in the amount of $1,220,798.90 and authorize the chair to sign agreement and notice of award.

9.10: Consideration of approval of agreement between the county of Lake and The Hanna Group for construction management services for Mathews Road at Manning Creek Bridge Replacement Project near Lakeport.

9.11: Consideration of approval of an administering agency-state master agreement for federal aid projects and adoption of a resolution authorizing the director of Public Works to approve supplements to the master agreement.

9.12: Consideration of approval of food services agreement with Trinity Services Group Inc. to supervise the preparation and service of meals at the Lake County Jail/Hill Road Facility for a period of three years, with two one-year extensions.   

9.13: Consideration of recommendation that both Tjesto and Max be retired to Sgt. Gary Frace of the Lake County Sheriff’s Department for the cost of $1 each per the DSA MOU section 2.6.6.     

9.14: Consideration of approval of waivers of the 900 hour limit for certain positions within the sheriff’s department.

9.15: Erratum: Sitting as the Lake County Housing Commission Board of Directors, consideration of approval of revised Lake County Housing Commission Section 8 Housing Choice Voucher Program Budget for fiscal year 2015/2016.

9.16: Erratum, sitting as the Lake County Housing Commission Board of Directors, consideration of approval of Lake County Housing Commission Section 8 Housing Choice Voucher Program Budget for fiscal year 2016/2017.

9.17: Addendum: Consideration of Housing Task Force appointment categories and terms.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.