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Hitch update, community choice aggregation program, water issues on Board of Supervisors' agenda
LAKEPORT, Calif. – This week the Board of Supervisors will hear about the latest efforts to create a conservation plan for a native Clear Lake fish, hold a second reading on an ordinance to create a community choice aggregation program for power purchases in the county, discuss Lucerne water issues and a drought declaration.
The board will meet beginning at 9 a.m. Tuesday, June 23, 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 10:15 a.m., the UC Cooperative Extension and the California Department of Fish and Wildlife will provide an informational update to the board regarding the progress being made in developing a conservation plan for the Clear Lake hitch.
In August, the the California Fish and Game Commission approved the California Department of Fish and Wildlife's recommendation to list the Clear Lake hitch as a threatened species under the California Endangered Species Act, as Lake County News has reported.
Then, in April, the US Fish and Wildlife Service announced that it the hitch's listing under the federal Endangered Species Act may be warranted, and that it intended to conduct a one-year of the listing proposal.
In other business, at 10:30 a.m., the board will hold a second reading of an ordinance authorizing the implementation of a community choice aggregation program for electrical power purchase, which is meant to reduce the price of power for residents and businesses in the unincorporated county while also expanding the county's use of renewable energy.
At 10:45 a.m., the board will consider a request from county staff to explore possible solutions to Lucerne’s water system issues.
In a memo to the board, District 3 Supervisor Jim Steele said he wants to “put together a small team, consisting of Special Districts, myself and County Counsel to explore potential future solutions” to the issues for Lucerne. He's also requesting that the county invite California Water Service Co., which owns Lucerne's water system, to participate in the process.
In an untimed item, the board will consider once again extending a local emergency that it first declared in March 2014 due to drought conditions in Lake County.
The full agenda follows.
CONSENT AGENDA
7.1: Approve first amendment to agreement between the county of Lake and Hilltop Recovery Services for Lake County Residents for FY 2014-15 intensive and continued residential and outpatient treatment services, for a contract maximum of $40,000, and authorize the chair to sign.
7.2: Approve agreement between the county of Lake and Heritage Oaks Hospital for FY 2014-15 Acute Hospital Services, in the amount of $14,250 and authorize the chair to sign.
7.3: Approve first amendment to agreement between the county of Lake and Heritage Oaks Hospital for FY 2014-15 Acute Hospital Services, an increase of $10,450 for a new contract maximum of $24,700, and authorize the chair to sign.
7.4: Approve first amendment to agreement between county of Lake and Crestwood Behavioral Health, Inc. for FY 2014-15 Adult Mental Health Services, in the amount of $105,000 for a new contract maximum of $505,000, and authorize the chair to sign.
7.5: Resolution approving the standard agreement between the county of Lake and the Department of Health Care Services for the Performance Contract for Fiscal Year 2015-16 and authorizing the Behavioral Health director to sign the agreement.
7.6: Adopt resolution approving the first amendment to the standard agreement between the county of Lake and the Department of Health Care Services for the Period of July 1, 2014, through June 30, 2017, and authorizing the director of Behavioral Health to sign the first amendment, an increase of $57,852 for a new contract maximum of $2,001,852.
7.7: Approve agreement between county of Lake and Milhous Children's Services for FY 2014-15 Specialty Mental Health Services, in the amount of $29,000, and authorize the chair to sign.
7.8: Approve agreement between county of Lake and Calserve Inc. for FY 2015-16 process services, amount not to exceed $25,000 annually, and authorize the chair to sign.
7.9: Approve out of state travel for Child Support Deputy Director Tammie Widener to attend the Western Interstate Child Support Enforcement Council (WICSEC) Annual Training Conference Sept. 13-17, 2015 in Fort Worth, Texas.
7.10: Approve plans and specifications and initiate public bidding process for the Seigler Creek Pipe Replacement and Fish Ladder Project.
7.11: Approve award of bid for Highland Springs Road at Highland Creek Bridge Replacement Project near Kelseyville, CA Bid No. 15-02, to Pacific Infrastructure Construction, LLC, in the amount of $867,670.40, and authorize for the chair to sign.
7.12: Adopt resolution of intention to rename an existing road in the Kelseyville Area to Forrest's Road; set the date and time of the public hearing, and direct the clerk of the board to give notice pursuant to Sections 8322 and 8323 of the Streets and Highways Code.
7.13: Approve agreement between the county of Lake and Quincy Engineering for Construction Management Services for Ackley Road at Manning Creek and Highland Springs Road at Highland Creek Bridge Replacement Project, near Lakeport, in the amount of $308,816, and authorize the chair to sign.
7.14: Adopt resolution to appropriate unanticipated revenue in Budget Unit 2203 - Sheriff/Marijuana, in the amount of $40,000, to account 23.80 for FY 14/15, to be used for helicopter services for the eradication of marijuana.
TIMED ITEMS
8.2, 9:10 a.m.: Swearing-in ceremony of new correctional officer.
8.3, 9:15 a.m.: Sitting as the Lake County Housing Commission Board of Directors, consideration of revised Lake County Housing Commission Section 8 Housing Choice Voucher Program Budget for Fiscal Year 2015-16.
8.4, 9:20 a.m.: Sitting as the Lake County Housing Commission, Board of Directors, consideration of Revised Lake County Housing Commission Section 8 Housing Choice Voucher Program Budget for Fiscal Year 2014-2015.
8.5, 9:25 a.m.: Public hearing, discussion/consideration of approval to submit the local Edward Byrne Memorial Justice Assistance Grant (JAG) program application for FY 2015-16 in the amount of $14,167.
8.6, 9:30 a.m.: Consideration of request for board direction regarding proposed amendment to Lake County Zoning Ordinance regarding age limits on manufactured home installations.
8.7, 10 a.m.: Consideration of (a) approve work and financial plan between Lake County and USDA Animal and Plant Health Inspection Service (APHIS-WS) for July 1, 2015, to June 30, 2016, in the amount of $97,421 and authorize the chair to sign; and (b) adopt resolution approving a cooperative agreement with the US Department of Agriculture to provide an animal damage control program for the county of Lake.
8.8, 10:15 a.m.: Joint presentation with Department of Fish and Wildlife to provide an update on the hitch.
8.9, 10:30 a.m.: Second reading, revised, consideration of an ordinance authorizing the implementation of a community choice aggregation program for electrical power purchase, including renewable energy, for residents and businesses in the unincorporated area of Lake County.
8.10, 10:45 a.m.: Consideration of (a) request to use county staff to explore possible solutions to Lucerne’s water system issues, including authorizing Supervisor Jim Steele to execute any necessary agreements to protect the proprietary information of water system operators in Lake County; and (b) request to invite California Water Service Co. to participate in the process.
8.11, 1 p.m.: Workshop: Standardized Emergency Management System Executive Course for Elected Officials.
NONTIMED ITEMS
9.2: Consideration of Resolution Amending Resolution No. 2014-111 to Amend the FY 2014-15 Adopted Budget to Adjust Appropriations For Workers Compensation And Other Accounts.
9.3: Consideration of agreement between county of Lake and Kings View Corporation for FY 2015-16 Telepsychiatric services, maximum amount of $270,400 and authorize the chair to sign.
9.4: Consideration of extension of “Fee Waiver and Deferral Policy for Economic Development Projects” through Dec. 31, 2015.
9.5: Consideration of resolution proclaiming a continued local emergency due to drought conditions in Lake County.
CLOSED SESSION
10.2: Public employee evaluation: County Administrative Officer Matt Perry.
10.3: Conference with Legal Counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9(d)(1): Lakeside Heights HOA v. County of Lake.
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Neighborhood speaks out against Lakeport cell tower plan
LAKEPORT, Calif. – Residents of a Lakeport neighborhood let the Lakeport City Council know Tuesday night that they didn't want a proposed cell tower near their homes, a message that council members said they heard loud and clear.
Verizon Wireless is proposing to build the tower at 1875 N. High St.
The 72-foot-high tower would be a “monopine” – designed to look like a pine tree so as to disguise its presence.
However, the residents of the area said the monopine – which during the meeting was likened to a giant, fake Christmas tree – was likely to stand out since there were no trees that size in the area, and that in some cases it was likely to block their views of Clear Lake.
The Lakeport Planning Commission approved Verizon's use permit following a public hearing held May 13, according to Community Development Director Kevin Ingram.
The project was ruled categorically exempt from the California Environmental Quality Act. Such exemptions are possible on small construction projects with less than 2,500 square feet of floor area and those not located in a “sensitive environment” that the project would impact, according to city documents.
Nancy Ruzicka, whose family owns the High Street Village shopping center, appealed the planning commission's decision.
Ingram said Verizon originally had proposed a monopole – a tall, slender tower. However, the company had been concerned that the tower's appearance would be its biggest potential issue, thus the change to the monopine design in an attempt to camouflage it.
As for concerns raised about health impacts, Ingram explained that, under the federal Telecommunications Act of 1996, local governments maintain authority on the placement, construction and modification of such towers, with the exception that, “Local authorities can’t
reject a request for wireless facilities based on health concerns if the facilities meet the FCC’s regulations concerning radio frequency emissions.”
What that meant, said Ingram, is that local rules on such towers can’t be more stringent than federal
ones.
Ingram said a radio frequency site compliance report prepared last year showed the proposed communications tower facility would operate consistent with all applicable federal radio frequency public exposure limits as regulated by the Federal Communications Commission.
Verizon also provided an analysis of four other potential sites, the best of which was the Lake County Courthouse, which has communications towers on the top of it. But structural issues with the roof ruled that option out, according to Ingram.
He said the council's options included upholding the planning commission's decision, continuing the hearing or overturning the commission's ruling and upholding Ruzicka's appeal.
If the council chose the third option, Ingram said federal law would require written findings, in which case staff would ask the council to hold the matter over in order to come back with the necessary documents.
Ruzicka told the council the tower would impact her shopping center, would be located 10 feet from the property line and 17 feet from the back of a salon.
It also is a year-round flood zone, is in an area that she said is acknowledged as a “wind tunnel,” and will impact the area visually.
In addition, she brought forward a white plastic shopping bag filled with artificial pine boughs that she said she had picked up at the base of monopines in areas including Ukiah.
Jenny Blocker, a consultant speaking to the council on behalf of Verizon Wireless, asked the council to follow the “well-reasoned” staff recommendation and the commission's unanimous approval.
“The appeal has no merit and should be denied,” Blocker said, adding that it provided no evidence that the tower didn't meet standards, let alone the substantial evidence required to deny such a project under federal law.
In all, 10 alternate sites were investigated as Verizon looked for ways to fill its “significant” gap in coverage and capacity, Blocker said.
She said there was no less intrusive feasible site, and Verizon had worked with the city for more than a year on a suitable design that would both blend in and be functional for Verizon's needs.
Blocker said a third party consultant hired by Verizon found that the emissions were within the federal limits and, as such, she asserted that denying the application would violate federal law.
That echoed statements in a letter to the city dated June 8 from Paul Albritton, a San Francisco attorney working on behalf of Verizon Wireless.
Albritton wrote that local government violates the Telecommunications Act “if it prevents the wireless provider from closing a 'significant gap' in service in the least intrusive means.”
Councilman Kenny Parlet said he originally had thought the project was a good one, until Ruzicka showed the fake pine boughs and brought up issues of maintenance and upkeep. Blocker said she couldn't speak to that other tower, as each facility is different, and she didn't know whose tower it was.
Parlet replied that he was concerned about a “duct tape and super glue” effort being necessary if the tower breaks down. Blocker said it was a valid concern, and the way to address it was by revoking the use permit if the facility isn't kept up.
Neighbors say no
Close to two dozen people were present for the hearing, many of them also speaking to the council against the tower's proposed location and asking for it to be placed elsewhere. The council also received a petition signed by 29 residents of the area in support of the appeal.
Former Realtor Elizabeth Kaneshige, who lives about 400 feet from the structure – as the crow flies – on 20th Street said the facility will hurt her property value.
“Why should I lose money so they can make money?” she said.
Both she and her husband also have health concerns that she said resulted from environmental factors, pointing to living under cell phone towers for more than 20 years while living overseas.
Warren Myrick, who lives on Terrace Drive, said the people in the area don't want the tower. “Why isn't that good enough?” he asked
“This is our town. If we don't want it here, we say, 'Hey, find a different location.' Different locations have been identified. Let's send them to a different location,” he said.
Karen Bettencourt, who lives on Fairview Way, said she has a breathtaking view that she has enjoyed for decades, and that the monopine would be “right smack in the middle” of the view from her deck.
She said she has spent years fixing up her home, and questioned if she would be compensated for the loss in property value. She also questioned the tower's placement near a neighborhood.
Bob Bridges, a retired county counsel who has lived in Lakeport for 38 years, said – in reference to issue Ruzicka raised – that flooding is a concern in the area, noting he has seen water 10 to 12 inches over High Street.
The area also is “the windiest place in Lakeport,” he said, noting that sailors know they can come and catch the wind that comes off of Del Lago.
Kim Beall said she doesn't live in the neighborhood, but was concerned about what it could mean for other residential areas.
“If you put something like this up in one residential area,” it will happen over and over again, she said.
Beall added, “I've lived in the country long enough that, if they think that looks like a tree, they're from the city.”
Following the end of public comment, Blocker reiterated to the council that the location was the best to address the service gap. She said the facility would be raised one foot to deal with the flooding concerns.
She added that the city's Community Development Department would have the final approval on the monopine's design and color before issuing the building permit.
Council members had questions about radio frequency testing and aesthetics, with Parlet noting that he didn't believe the monopine – which he called “a 72-foot Christmas tree” – fit with the area's design.
Councilman Marc Spillman recalled voting against a 2009 plan for a monopine – while a member of the city's planning commission – that had been proposed to be located a block and a half from the city's historic downtown. He said the High Street location was a high traffic area near homes, and it came down to aesthetics.
Councilwoman Stacey Mattina said the council had heard from the entire neighborhood. For those who couldn't attend the meeting, she received emails.
She pointed out that no community members had spoken up in support of the tower. “They're telling me they don't want it in their backyard and I'm listening.”
Mayor Martin Scheel said he also had concerns about the monopine's aesthetics, especially as the structure aged.
During the discussion, he asked Blocker about the next most viable site if the one on North High Street was ruled out. She replied that they most likely would not have a feasible site, and would move forward, ignoring the needs of Lakeport clients and focusing elsewhere.
Parlet questioned Verizon's “it's this or nothing” approach, saying there had to be room for negotiations.
Blocker said, ultimately, another site would be up to a Verizon radio frequency engineer. “That would not be a call to make right now.”
Scheel asked fellow council members if they had any consensus on a decision, with the majority voicing support in favor of Ruzicka's appeal. Councilwoman Mireya Turner said she felt the need to have more information to evaluate before making a decision, and requested a continuance to have staff look more closely at the environmental review.
City Attorney David Ruderman said they could send the matter back to the commission or give it to staff with direction to bring it back after further environmental consideration. Ingram pointed out that his staff already had given it an environmental review under CEQA, and that it hadn't risen to the level of an initial study.
Scheel said that, for him, the concern wasn't environmental but aesthetic.
Parlet added, “Personally, I don't like playing the CEQA card at all,” which he said would send a negative message to developers.
Ultimately, the council voted unanimously to continue the matter to its July 7 meeting, and to direct staff to prepare potential findings to support Ruzicka's appeal.
In other business on Tuesday, the council quickly approved the final version of the 2015-16 budget, passed a resolution extending a stage one water emergency and identifying which days residents could do outside irrigation, approved the purchase of a $30,875 card lock system, approved an application for a $4.6 million state HOME grant to support a proposed senior housing project on Martin Street and gave the go-ahead for a contract with Pavement Engineering Inc. for engineering services for design of the Bevins Street Pavement Rehabilitation Project.
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061615 Lakeport City Council - Cell phone tower appeal
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Clearlake City Council plans Thursday budget session
CLEARLAKE, Calif. – The Clearlake City Council will hold a special meeting on the proposed 2015-16 budget.
The meeting will take place beginning at 6 p.m. Thursday, June 18, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
The only agenda topic is a study session of the city's draft fiscal year 2015-16 budget.
The public is invited to attend.
On June 4 the council held a study session to review city priority goals and objectives, and other budget-related items as part of its budgeting process, as Lake County News has reported.
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Supervisors approve recommended budget; final budget hearings planned for September
LAKEPORT, Calif. – The Board of Supervisors on Tuesday approved a recommended county budget for fiscal year 2015-16, with more work on finalizing the budget still to come.
County Administrative Officer Matt Perry presented the budget document to the board, which he said supervisors were required by state law to approve by June 30.
Perry said the total recommended appropriations for all funds is $199,228,807, up from last year's $184,767,583.
The general fund appropriation for the new fiscal year is $55,900,191, compared to $54,765,776 in the 2014-15 budget year, he said.
In preparing the recommended budget Perry said staff continued to follow “guiding principles” of developing a responsible, sustainable budget that enables the county to maintain short-term and long-term fiscal solvency, minimizes or avoids negative impacts on service levels provided to the public, improves services when possible, preserves county general fund reserves and avoids negatively impacting county employees and the economy by not imposing large numbers of layoffs, work furloughs or other forms of compensation reductions in order to balance the budget.
Perry said the county's sales tax revenues have stabilized over the last four years, and are at 93 percent of pre-recession levels.
“We know there's some new commercial development in the county,” he said, but it's premature to expect a significant increase.
As for property tax, another key revenue component of the county budget, Perry said it has gone down every year for the past five years.
“I'm optimistic this year that we'll at least be flat, and won't go down,” he said.
The county assessor will close the property roll by July 1, so by the time of the budget hearings in September Perry said he will have final numbers.
The recommended budget has 1,002 positions in it, an increase of 37 over the final adopted budget of 2014-15. Perry said most of those are in non-general fund departments such as Social Services, which will have 22 new positions. The only increase in the general fund comes in the sheriff's office, where there are four grant-funded position for patrol and jail divisions.
Other personnel highlights includes replacing a supervising assessor position with a chief deputy assessor-recorder; funding a Community Development Department technician position through solid waste franchise fees; the elimination of five vacant positions in Behavioral Health and the creation of a staff psychologist position; increasing the museum curator from three-quarter time to full-time and funding the assistant museum curator job from one-time money through Sept. 30, 2016, to ensure it's covered through the tourism season.
Sheriff Brian Martin also is creating a deputy sheriff trainee position to expand an existing county program, according to Perry.
The program, currently open only to correctional officers, would be open to all county employees of at least two years, who could attend the POST Academy to become a deputy sheriff within one year, with a commitment to serve at least three years in Lake County as a deputy sheriff.
The recommended salary for that trainee position is equal to a correctional officer II position and 13-percent less than a deputy sheriff 1 position, according to Martin.
Martin told the board during the budget discussion that the program would have a total of four positions in it at any given time.
Lake County Water Resources also is requesting classifications for quagga mussel monitor and coordinator positions, which will be funded by a $98,000 grant awarded to the county by the California Division of Boating and Waterways to prevent a quagga mussel infestation of Clear Lake.
As a result of public safety realignment and money allocated to the county by the state, the Probation Department will receive more than $900,000, with more than $1 million to go to jail operations $448,000 to the Health Department and $147,000 to the Behavioral Health Department based on recommendations from the Local Community Corrections Partnership Executive Committee, Perry said.
Overall, Perry said the county is attempting to keep the budget status quo until there are final revenue figures later in the summer.
He noted that staff was recommending $10,000 in transient occupancy tax – or bed tax – revenue to help fund the museum and $40,000 in TOT for the Lake County Library due to the library's “vital role” in delivering visitor information services.
Capital asset projects include more than $2.6 million to construct a Safe Routes to School project in Clearlake Oaks, $3.4 million for jail improvements, $2.4 million for the South Main Street water system project, more than $3.7 million for capital improvements to existing water systems throughout the county, more than $900,000 to renovate Gard Street School in Kelseyville for the Department of Child Support Services, more than $1.3 million for renovation and expansion of the Southshore Health building to accommodate Behavioral Health's needs, more than $9.8 million for road and bridge projects, $221,000 for improvements to Lampson Field Airport and $801,000 for a communication tower and improvements on Mt. Konocti.
The board unanimously voted for separate motions to approve the recommended budget, a resolution establishing position allocations, and a request to authorize purchase of capital assets and the filling of positions prior to final adoption of the budget.
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