How to resolve AdBlock issue? Supervisors to hear presentation on chamber services, meet new US Forest ranger
LAKEPORT, Calif. – This week the Board of Supervisors will hear a presentation on the services offered by the Lake County Chamber of Commerce and meet the new Mendocino National Forest ranger.
The board will meet beginning at 9 a.m. Tuesday, Oct. 7, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live, with the video available online at http://www.co.lake.ca.us/Government/Boards/Board_of_Supervisors/calendar.htm .
At 9:30 a.m., in a presentation carried over from Sept. 16, Lake County Chamber of Commerce Chief Executive Officer Melissa Fulton will report to the board about the services the chamber provides to the county.
The board also at that time will consider approving the new contract between the county and the chamber.
Also on Tuesday, at 9:15 a.m. the board will be formally introduced to new U.S. Forest Service Ranger Frank A. Aebly, PHD.
The full agenda follows.
CONSENT AGENDA
7.1: Adopt resolution approving proposed revisions to the California Home Finance Authority Joint Powers Agreement and authorize the chair to sign joint powers agreement.
7.2: Adopt resolution authorizing the deputy county administrative officer to sign a notice of completion for work performed under agreement for the Clearlake Oaks Senior Center Project.
7.3: Approve minutes of the Board of Supervisors meetings held Sept. 16, Sept. 23 and Sept. 30.
7.4: Adopt proclamation designating the week of Oct. 5 to 11, 2014 as National 4H Week.
7.5: Approve Hidden Valley Lake Community Services District's Resolution (2014-12) Updating conflict of interest code, pursuant to district's approval on Sept. 16, 2014.
7.6: Adopt resolution authorizing the interim Behavioral Health director to act on behalf of the county of Lake in all matters pertaining to the grant agreement between the county of Lake and California Health Facilities Financing Authority for the Investment in Mental Health Wellness Grant Program for the period between April 24, 2014, and Dec. 31, 2014.
7.5: Approve agreement between the county of Lake and Redwood Toxicology Laboratory Inc. for drug testing services for FY 2014-15, in the amount of $15,000, and authorize the chair to sign.
7.6: Approve agreement between the county of Lake and Lake County Office of Education - Safe Schools Healthy Students Program for School-Based Specialty Mental Health Services for FY 2014-15, in the amount of $250,000, and authorize the chair to sign.
7.7: (a) Approve agreement between the county of Lake and Megabyte Systems Inc., for FY 2014-15 MPTS property tax system maintenance, in the amount of $174,780.84, and authorize the chair to sign; and (b) approve web services addendum to the agreement between the county of Lake and Megabyte Systems Inc., for FY 2014-15 online tax bills and e-payment processing services, in the amount of $4,171.37, and authorize the chair to sign.
7.8: Approve permit for Jack Olof to conduct aeronautical activities at Lampson Field Airport between October 2014 and September 2015, and authorize the chair to sign.
7.9: Approve contract between the county of Lake and Relias Learning for FY 2014-15 eLearning Services, in the amount of $6,750, and authorize the sheriff to sign.
7.10: Adopt resolution setting the rate of pay for election officers for the Nov. 4, 2014, general election pursuant to Section 12310 of the Election Code.
7.11: Approve agreement between the county of Lake and Lake County Youth Services Inc. for FY 2014-15, in the amount of $10,000, and authorize the chair to sign.
TIMED ITEMS
8.2, 9:10 a.m.: Presentation of proclamation designating the week of Oct. 5 to 11, 2014, as National 4H Week.
8.3, 9:15 a.m.: Introduction of new U.S. Forest Service Ranger Frank A. Aebly PHD.
8.4, 9:30 a.m.: Carried over from Sept. 16, (a) report from Lake County Chamber of Commerce Chief Executive Officer Melissa Fulton regarding services provided by the Lake County Chamber of Commerce; (b) consideration of contract between the county of Lake and Lake County Chamber of Commerce.
UNTIMED ITEMS
9.2: Provide direction to staff regarding flood proofing of the PG&E transmission line and local network as required by the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project.
9.3: Consideration of agreement between the county of Lake and SCS Engineers for design engineering services for East Lake Landfill expansion, amount not to exceed $128,610.
9.4: Consideration of agreement between county of Lake and Konocti Senior Support Inc. for Senior Support Counseling Services for FY 2014-15, in the amount of $108,378, and authorize the chair to sign.
9.5: Consideration of agreement between the county of Lake and Lake County Office of Education for School-Based Medi-Cal Specialty Mental Health Services for FY 2014-15, in the amount of $428,376, and authorize the chair to sign.
CLOSED SESSION
10.2: Conference with Legal Counsel: Decision whether to initiate litigation pursuant to Gov. Code Sec. 54956.9(d)(4): Michael and Margaret Hopper.
10.3: Conference with Legal Counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9(d)(1): Coakley v. County of Lake, et al.
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Clearlake Planning Commission to discuss Parks and Recreation Committee reinstatement
CLEARLAKE, Calif. – The reestablishment of the Clearlake Parks and Recreation Committee is on this week's Clearlake Planning Commission agenda.
The commission will meet at 6 p.m. Tuesday, Oct. 7, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
The main item of business is a report on the Clearlake City Council's action to reinstate the Parks and Recreation Committee.
City Manager Joan Phillipe's report to the commission explains that the Parks and Recreation Committee was enacted by a March 2000 resolution, with an amendment accepted a few weeks later. At some point later it was decided to discontinue the meetings.
“Because it appeared that a unilateral decision was made to discontinue meetings of the committee, there was no need to reinstate it by action of adopting a new resolution,” Phillipe said.
Now, since there has been a significant amount of time since the original resolution were adopted, “it is prudent for the Commission to review what is set forth in that document and make a determination as to whether or not you would recommend any changes be made to the purpose, powers and duties or any other function of the committee,” Phillipe wrote.
If the commission believes there should be changes, it should direct staff to prepare a recommendation to take to the city council for its consideration, Phillipe said.
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Lakeport City Council to consider dock purchase, downtown improvement plan's next phase and solar project
LAKEPORT, Calif. – The Lakeport City Council is set to discuss several major city capital improvement projects when it meets next week.
The council will meet for a closed session beginning at 5:30 p.m. Tuesday, Oct. 7, to discuss a threat to public facilities with Police Chief Brad Rasmussen and labor negotiations before the open session begins at 6 p.m. in the council chambers at Lakeport City Hall, 225 Park St.
At Tuesday's meeting, the Leadership Summit Committee will make a presentation regarding the Lake
Leadership Summit, set to take place at Marymount California University's Lucerne campus on Friday, Oct. 10.
One of the main items the council will discuss Tuesday is a proposal to purchase new city docks.
Earlier this year, council members tested two types of dock systems – EZ Docks and Gator Docks – in an effort to select an option to replace the city's aging dock system off Library Park, as Lake County News has reported. Both dock systems have local vendors.
In the city's current fiscal year budget the council has appropriated $500,000 to cover the dock purchase.
The council is being asked to direct staff to put together a purchase contract for one of the two dock systems and to bring that proposed contract back for consideration at a future meeting.
In his report to the council, city Public Works Superintendent Doug Grider does not offer a suggestion as to which dock type to select.
The council on Tuesday also will consider taking steps to get the next phase of a long-running city project off the ground.
Special Projects Manager Richard Knoll will take to the council a proposal to approve a professional services agreement with George Rau and Associates for engineering services and construction plans for the second phase of the Downtown Lakeport Improvement Project.
Phase one of the plan, completed in 2007-08, involved the construction of a public parking lot north of city hall and streetscape improvements on Third Street and Park Street east of Main Street, Knoll's report explained.
The city's redevelopment agency had hired Rau and Associates to do civil engineering and design services for the plan's second phase in 2009. However, the termination of redevelopment in 2011 led to the city stopping work on the project, according to Knoll's report.
With the city cleared to retain $1.8 million in prior Lakeport Redevelopment bond funds sold for the Downtown Lakeport Improvement Plan's second phase, the goal is to move forward on a scaled-down project, Knoll said.
The new plan will include widening the sidewalks on both sides of the street by 2 feet; relocating streetlights to the new edge of sidewalk; installing new street trees and grates; incorporating new sidewalk and surface textures at tree well locations; installing new curb storm drain inlets, sewer
and water piping infrastructure; reconstructing and repaving Main Street; and installing limited new street furniture, Knoll's report explained.
According to a tentative timeline, Knoll said that if the city enters into a contract with Rau and Associates by Oct. 15, the process could move forward and result in construction to be completed by the end of 2015.
In other business, Public Works Director Mark Brannigan will ask the council – sitting jointly as the City of Lakeport Municipal Sewer District Board – to consider adjusting the sewer system's budget by $45,657 to allow the planning phase of a solar array project to move forward.
In July the council heard an informational presentation by Siemens Industry Inc. regarding a solar array and audit. At that time the council directed staff to research available solar programs and funding options.
City staff hired Mike Adams, Mendocino College's retired director of facility planning, to research available programs and city-owned property for site locations. Adams is now ready to move his efforts into a planning phase if funding is made available, according to Brannigan's report.
Also on the agenda, the council will review a mobile hot dog cart vendor's compliance with city operation requirements and consider imposing a new condition related to parking within proximity to a brick-and-mortar restaurant.
On the meeting's consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – are ordinances; warrants; minutes of the Sept. 16 regular council meeting; and rejection of claims submitted by Carolene Mascolina and Yvonne Coyne.
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Supervisors to pursue mutual termination agreement with public defender firm; option open to continue contract
LAKEPORT, Calif. – In a special Tuesday afternoon meeting, the Board of Supervisors chose to continue working in the short-term with the firm contracted with the county to offer indigent defense services but to pursue a mutual termination agreement due to performance concerns regarding the firm's president.
The board voted 3-1 – with Anthony Farrington voting no and Jeff Smith absent – to pursue a 90-day mutual termination agreement with Lake Legal Defense Services and to direct County Administrative Officer Matt Perry to take necessary actions to ensure continuity in defense for those the program serves.
The decision leaves open the option for the county to continue to work with Lake Legal Defense Services and to negotiate an updated contract.
Lake Legal Defense Services has held the county's indigent defense contract since 2005. The current contract amount is $1,036,500 annually.
The special meeting – which ran 40 minutes – was called last Friday, the day after Stephen Carter, 48, Lake Legal Defense Services' president, was arrested for an early morning break-in in Hidden Valley Lake.
The District Attorney's Office has since filed charges against Carter for felony vandalism and misdemeanor forcible trespass in that case, and with misdemeanors of driving under the influence, providing false information to a peace officer, hit and run and reckless driving due to an Aug. 19 hit and run incident in Lakeport.
For the county, the primary issue has been Carter's performance and ability to run the contract.
Perry told the board Tuesday that he called the meeting after discussing the situation with Board Chair Denise Rushing.
He said that Carter has been unable to perform his responsibilities due to health issues.
In recent months Carter also has missed numerous court appearances, which resulted in a special court hearing in mid-September, at which time the court reassigned several of his cases, as Lake County News has reported.
Exploring options
Perry said Tuesday that he had received a document signed by Stephen Carter allowing his wife, Angela, who also is an attorney, to oversee Lake Legal Defense Services. “It fully empowers her to act on the corporation's behalf.”
Supervisor Rob Brown said he had spoken to Stephen Carter about the issue. “He personally told me that he felt that Angela would be more than qualified to handle the contract issues in his absence.”
Rushing asked county staff for what options were available.
County Counsel Anita Grant said the contract could remain in place, the county could terminate it or could issue a 90-day notice to terminate without cause. The county could continue to follow the same public defender contract model or have a public defender coordinator.
“I’m sure there are other options also that your board could consider as alternatives,” Grant said.
The original 2005 contract states that it may be terminated without cause by either party, at any time, upon the giving of 90 days' advance notice.
Brown said the 90-day termination notice would allow the county to modify the existing public defender contract. Grant agreed that during that 90-day period the county could ask to renegotiate certain terms.
Brown said he wanted to use that 90-day period to come up with the best options they can. “There’s a million things that could happen.”
Supervisor Jim Comstock agreed with Brown that pursuing the 90-day termination notice “might be the best course of action at this time.”
Rushing asked how the county could ensure services are continued if it chose the three-month termination plan.
“The terms of the agreement require that,” said Grant, noting that the contract also speaks to transition of services.
Brown said he spends a lot of time in the local courts. “This program that we have up there is exemplary,” he said. “The judges will tell you that.”
He believed it would be a disservice to the public to go out and rebid the contract, which could open up the possibility of all of the contract's current attorneys – who he said are doing a good job – being replaced.
Angela Carter – who was present for the meeting but did not speak – currently is not among the listed attorneys on the Lake Legal Defense Services Web site, although she's worked for the contract previously along with her husband. In recent years she has focused on raising their young daughter.
While Angela Carter has limited authority on the contract as it is currently, Brown said that was a formality, crediting her with a large measure of the current contract's success and voicing his confidence in letting her guide it forward.
Farrington said he was not going to challenge Brown's sentiments about Angela Carter, adding he also wants continuity of services.
However, Farrington said he was concerned about Stephen Carter's competency and mental capacity with regard to the document giving Angela Carter authority to oversee Lake Legal Defense Services. He was concerned about setting the county up for failure should Stephen Carter later decide to challenge the document.
Brown, noting that an immediate contract determination would be “a disaster,” said the board can still exercise its termination option of the if necessary.
Grant agreed. “It won't tie your board's hands.” She added that the competency issue also can be addressed if necessary.
Attorneys support moving forward
During brief public comment, the board heard support for continuing work with Lake Legal Defense Services.
Attorney Barry Melton, a Lake Legal Defense Services subcontractor who also is past president of the California Public Defenders Association and a retired Yolo County public defender, told the board that there are a number of problems that would arise from attempting to substitute in another entity in place of Lake Legal Defense Services.
The main issue Melton brought up concerned the insurance for all of the attorneys – currently there are 15 listed on the Lake Legal Defense Services Web site – that would be jeopardized.
He said he felt strongly that Angela Carter is qualified to take over the contract administrator duties, adding that he and fellow attorney Mitch Hauptman were available for consultation if needed.
Melton said Angela Carter has demonstrated every quality that's necessary to be a sound administrator.
Hauptman, who has worked as a public defender for 25 years, agreed.
“She’s eminently qualified. She can do the administration. She has my support,” he said.
Attorney Doug Rhoades had worked for Lake Legal Defense Services up until this April, and now works for the Mendocino County Alternate Defender's Office.
He suggested there was nothing to prevent the county from contracting with individual attorneys, as had been the practice up until the late 1990s. He agreed that one of the problems is coordinating payment dates for the insurance that attorneys have to carry.
Rhoades said Angela Carter would have his support, certainly for an interim period.
Noting that there is a “very, very competent” group of defense attorneys working under the current contract, Comstock said he wanted to pursue the 90-day termination notice.
Farrington continued to question the option of continuing the contract on a short-term basis.
“I have discomfort. I would rather have a clean break,” he said, adding that he questioned the document giving Angela Carter the ability to oversee Lake Legal Defense Services. Separately, he brought up issues of transparency about how the contract's money is spent.
While other board members said they understood some of his concerns, they felt that there was a risk to simply cutting off the contract.
Rushing said the question was what action posed the bigger risk – terminating the contract and dealing with insurance issues or allowing Angela Carter to take over the contract.
It is going to take at least 90 days to sort out a matter of so much complexity, Rushing added. “It seems to me we don't want to throw things into chaos.”
Comstock moved to pursue the 90-day termination notice, with Brown asking that the motion allow for two board members – himself and Smith, or alternately Farrington – to help negotiate the updated contract.
The board voted 3-1 on that motion, and also voted 3-1 to direct Perry to take the necessary actions to move forward. Farrington was the dissenting vote both times.
By consensus, the board directed Perry to issue the 90-day termination notice.
Grant told Lake County News after the meeting that the notice hasn't yet been drafted.
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Council discusses invocation policy and Proposition 47; reestablishes Parks and Recreation Commission
CLEARLAKE, Calif. – Policy was established Thursday for participating in the opportunity to deliver an invocation at the beginning of regular meetings of the Clearlake City Council.
The council voted unanimously last month to pursue the policy, which was presented during its Thursday meeting.
The new policy, which was amended to emphasize the use of the word “invocation” over the word “prayer,” is not intended to proselytize or advance any faith, or show any purposeful preference of one religious view to the exclusion of others.
Area religious leaders should expect a letter from City Clerk Melissa Swanson informing them of the opportunity for participation, which is voluntary and without monetary compensation.
Invocations are to be of a positive nature and will be limited to three minutes at the beginning of each city council meeting.
Eligible members of the local clergy/religious community may sign up for as many as three speaking events per calendar year.
Speakers will be scheduled on a first-come, first-served basis, and will be allowed to deliver more than three invocations annually if a schedule date is unfilled after equal opportunity is given to all who seek participation.
If a speaker is not present, the council will entertain a moment of silence to begin its meeting.
All inquiries for participation should be directed to the city clerk, who will manage the schedule.
Also on Thursday, the council declined to take any position on Proposition 47.
If passed, Proposition 47 would reduce the classification of most nonserious and nonviolent property and drug crimes unless unless the defendant has prior convictions for felonies including murder, rape, certain sex offenses or certain gun crimes, according to a Ballotpedia analysis.
It also would permit resentencing for anyone currently serving a prison sentence for any of the offenses that the initiative reduces to misdemeanors.
Clearlake Police Chief Craig Clausen, who presented the item and was seeking the council's opposition to the proposition, said about 10,000 inmates would be eligible for resentencing.
The measure would require misdemeanor instead of felony sentencing for certain crimes in which the monetary value does not exceed $950, including shoplifting, grand theft, receiving stolen property, forgery, fraud and writing a bad check. Personal use of most recreational drugs would be included in those reduced sentencing requirements.
Clausen said the proposition is ill-conceived.
“The entire law enforcement community opposes Proposition 47,” he said. “In fact, the California Police Chiefs Association (in support of which he said he was requesting the opposition) is part of an all-encompassing coalition that also includes the California District Attorneys Association, California State Sheriffs Association, California Peace Officers Association, California Narcotics Officers Association and California Fraternal Order of Police.”
Clausen said Proposition 47 also is being actively opposed by victim's rights groups, most notably by Crime Victim Alliance Action, Crime Victims United of California and the California Coalition of Against Sexual Assault.
Councilwoman Joyce Overton cited a lack of literature concerning the actual proposal included in Clausen's report while Councilwoman Jeri Spittler said the presentation was biased.
“I am not really for telling anybody how to vote,” Overton said. “This doesn't directly affect (the council). I, personally, would like to stay neutral.”
Councilman Joey Luiz also said he would like to refrain from telling people how they should vote.
Mayor Denise Loustalot offered the same stance after recognizing passage of the measure could create financial strain on local law enforcement agencies.
The council also reestablished the City of Clearlake Parks and Recreation Committee on Thursday.
The Clearlake Planning Commission is to serve as the committee and meetings will coincide with its schedule.
The committee's duties include:
– Making recommendations to the council on rules, regulations and polices related to conduct in public parks and beaches; in public recreation and activity centers; and to use of public property within the city including, but not limited to special events, use of public buildings and related fees.
– Hearing and acting upon appeal of staff's determination on special event permits.
– Preparing an inventory of parks and park facilities.
– Identifying and making recommendations to the council on revenue sources to fund activities and capital projects such as park maintenance and development, property acquisition or new and/or expansion of parks, development and updating of a park master plan, recreation programs, various planning and feasibility studies.
– Any other related projects as assigned by the council.
In its final action of the evening, Loustalot took on Vice Mayor Gina Fortino Dickson's remaining term on the Area Planning Council.
Fortino Dickson has taken a new teaching job at Lower Lake High School and will be unable to attend the meetings.
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