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Supervisors opt to negotiate public defender contract with new legal entity
LAKEPORT, Calif. – The Board of Supervisors this week directed county staff to negotiate a contract for public defender services with a new legal entity that will succeed the firm currently under contract to the county.
The board voted unanimously to accept the staff recommendation to waive the request for proposals, or RFP, process and negotiate a new contract with Angela Carter and others representing a new organization.
During a special September meeting, the board voted to pursue a 90-day termination clause with Lake Legal Defense Services Inc. due to health- and legal-related concerns for the corporation's president, Stephen Carter, Angela Carter's husband.
Stephen Carter was arrested in a September vandalism and trespassing case and also was charged with hit-and-run stemming from an August crash in Lakeport, which led to the September board discussion. He has since been on a leave of absence.
Lake Legal Defense Services began handling the county's indigent defense services in October 2005. The contract, last amended in March, totals $1,036,500 annually.
After receiving direction from the board at the September meeting, County Administrative Officer Matt Perry and County Counsel Anita Grant began looking at a variety of options for providing public defender services, from creating a county public defender office to contracting with individual attorneys.
Perry told the board Tuesday that there has been discussion about returning to a public defender office model, which Lake County had in the early 1980s.
“I think this would be very expensive,” said Perry, adding that he estimated that it would cost an additional $200,000 or $300,000 annually.
“I think the current model has served the county well over the last 14 years,” said Perry, noting it's cost-effective and has gotten favorable marks from the public defender oversight committee and grand jury.
Perry acknowledged that the contract structure needs to be improved so as to allow for continuation of services if a principal in the firm can't continue with their duties.
In the interests of time and continuity, Perry said he wanted to waive the RFP process and negotiate a contract with Angela Carter.
“I think she's prepared to form a new legal entity that would take over the contract and hopefully continue on with the existing set of subcontractors,” he said.
Board Chair Denise Rushing asked about a suggested term for the new contract. Perry proposed three years, with the board determining a year ahead of the expiration date whether they should issue a new RFP or continue with the contract. At that point, such an RFP could be issued far enough in advance as to not interrupt services.
Supervisor Anthony Farrington asked about Perry's higher cost estimate for a public defender's office. Perry explained that current staffing under the contract includes eight felony attorneys, four misdemeanor attorneys, a few attorneys handling juvenile and conservatorship matters, and two investigators.
Calculating all of those staffers as if they were three-quarter time county employees – Perry said that was the measure he used since the contractors currently can take outside cases – he arrived at the more “conservative” estimate of an increase of $100,000 in costs to the county annually. Travel, training and clerical services would add another $100,000 per year, he estimated.
One of the options – involving having the county contract individually with attorneys – would require more county staff time and shifting of duties, Perry said.
“I think it’s very beneficial for the county to deal with one master contractor,” Perry said.
About a year ago, the county and Lake Legal Defense Services agreed to increase the contract amount by $6,000 per month to allow the hiring of another attorney due to the multiple homicide cases the public defender contract was handling, Perry said.
Farrington said he wanted the county to explore reducing that cost. Perry said they can look at it.
Supervisor Rob Brown said he did feel the contract needed some minor fixes, but overall believes the system is working well. He said the county's judges and prosecutors also will acknowledge that.
Rushing asked about the defendants. Brown suggested they can look at the number of appeals to judge that issue.
Farrington said he wanted greater transparency with the contract, specifically, a better idea of what the attorneys are being paid. Brown said the county doesn't require that level of information from other contractors.
Farrington also wanted to know the level of Angela Carter's involvement in the contract management.
Angela Carter told the board that she wrote the contract that the attorneys who work for Lake Legal Defense Services sign, and confirmed she has been a co-administrator of the defense contract.
Regarding Farrington's questions, she said there always has been a concern about crossing the contractor/employee line. Lake Legal Defense Services has gone to an employment attorney to advise them on avoiding those pitfalls, Carter said.
There are elements of the current contract that come close to that line, among them, disclosing the specifics of what the contracting attorneys make. Carter said she didn't think she could reveal specifics to the board without that information being released to the public.
Carter also told the board that, in her opinion, the best option the county could pursue for public defense services was to reestablish a public defender's office.
She said she believed it would provide the highest and best level of service, and also reduce turnover among the attorneys.
Brown moved to direct staff to negotiate an updated contract with Carter and waive the RFP process, which the board approved 5-0.
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- Written by: Elizabeth Larson
Supervisors approve final Lucerne Visitor Information Center closure; facility to close Oct. 31
LAKEPORT, Calif. – The Visitor Information Center that for more than a decade has hosted tourists at its Lucerne location on Highway 20 will close its doors for the final time this week.
On Tuesday, the Board of Supervisors approved a request from County Administrative Officer Matt Perry to finally close the facility – located at 6110 E. Highway 20 – at 5 p.m. Friday.
The Halloween day closure is the final step in a plan that Perry and his staff first took to the board in the spring, when they argued that the county's marketing funds could be better spent elsewhere in branding the county and attracting visitors.
Since then, $53,000 in funds that previously would have been used for the Visitor Information Center have been reallocated to the Lake County Library, which will take over some of the visitor-related duties, as Lake County News has reported.
Perry told the board Tuesday that several computerized visitor information kiosks also are set to be installed in this week in various locations.
He said it was important to finally close the center, as keeping it open longer was requiring the county to take funding from elsewhere.
It also was noted during the report that the county was having issues keeping the center staffed.
Board Chair Denise Rushing said she wasn't surprised to hear of the staffing troubles, since the county had announced the center was going to close.
Rushing said that rather that putting money into the visitor experience, the county was putting emphasis on getting money out of the center.
“I don't know what the visitor experience is going to be once the doors are shut,” she said, noting those experiences already have deteriorated.
The center is struggling with staffing – including training employees – and the staff is worrying they won't have a job. “This is all a self-fulfilling prophecy,” Rushing said.
Rushing said she was sad for the community of Lucerne, adding there needs to be real people engaged in the visitor experience.
During the discussion, Rushing said she wanted the county to pursue gathering transient occupancy tax – or bed tax – from some of the nearly 200 properties listed for rent on Airbnb, which she estimated could give the county an additional $200,000 annually.
Lake County Chamber Chief Executive Officer Melissa Fulton, also a member of the tourism advisory board that supported closing the Visitor Information Center, questioned the $200,000 number.
Rushing said she had put conditions on her spring vote to close the center. One of those conditions was that the county truly be ready to close it. She questioned if the county was ready, noting the kiosks haven't been tested.
While she said she believed in the new marketing plan, she was struggling with the visitor center's phase out. She said she had predicted it would be difficult, and that has proven to be true.
Supervisor Jeff Smith moved to close the facility, with the board voting 4-1. Rushing was the lone dissenter.
Supervisors don't support Sunday museum closure
A staff recommendation the supervisors didn't support on Tuesday involved closing the Lakeport Courthouse Museum on Sundays. The proposal was taken to the board just before the Visitor Information Center closure discussion.
Public Services Director Caroline Chavez, who took the request to the board, explained that she doesn't have the staff to operate the staff on Sundays any longer.
She is in the process of recruiting for a new assistant curator. There is also the matter of the retirement of Donna Howard, who the board honored earlier in the meeting.
Howard has worked both at the Visitor Information Center as well as filling one-fifth of a curator position at the museum during the Sunday slots, Chavez said. As such, the museum curator asked for the Sunday closures.
“There are several reasons beyond that, that go beyond Donna's departure,” said Chavez.
Some of those other reasons include thefts – a Pomo basket was stolen during one such incident – and there also have been security and safety concerns, such as when a homeless woman was found hiding inside one of the museum's rooms, according to Chavez.
Additionally, no one has Howard's extensive historical knowledge to be able to assist with museum interpretation, she said.
On the plus side, Chavez said she has received an “amazing” response to the recruitment for the 30-hour assistant curator job, which is a term position good through the end of May.
She said they have received 50 applications, about 40 of which were from out-of-state applicants.
Chavez reported that the museum curator also has asked to close the museum on Labor Day, noting very few people visit on that holiday.
Rushing said she wasn't interested in seeing the museums close on weekends, as the museums are some of the best places for tourists to visit.
When Chavez reiterated that it was a staffing issue, Rushing suggested that they needed to use some more imagination and find the funding to get people into the jobs. It was at that point she first raised the potential of seeking the TOT funds from Airbnb.
“The how is tough,” Rushing said.”
Supervisor Jim Comstock expressed his interest in Rushing's idea about Airbnb, adding that the museum is absolutely important.
Rushing added that once things are closed, it's easier not to reopen them.
Comstock suggested instituting a timeline for further consideration.
Chavez said she could come back once a new assistant curator is hired, introduce the person to the board and that can be the starting point for a reevaluation.
She expected to be conducting interviews of candidates within the next two weeks.
The board, however, indicated a desire to keep the museums open at current levels. Options discussed included looking for more volunteers or finding extra help employees who were not beyond their weekly 25-hour limit.
Chavez said she didn't have the money for additional staffing. Rushing asked how much additional money was needed, a figure which wasn't available.
The board will revisit the discussion on museum hours at its meeting on Tuesday, Nov. 18. The item is scheduled for 10:15 a.m.
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VIDEO: District 3 supervisorial candidates participate in debate
LAKE COUNTY, Calif. – The candidates in the fall runoff for the District 3 supervisorial seat took part in a debate Monday night.
John Brosnan and Jim Steele fielded questions on a variety of topics at the debate, sponsored by Lake County News and the Lake County Chamber of Commerce.
The debate, which ran just under an hour and a half, can be seen in its entirety in the video posted above.
The questions asked and the time notations for when they appear in the video are shown below.
Questions:
1. Lake County supervisors often are asked about county issues in general, but I’d like to begin by focusing on the Northshore specifically. What specific priorities do you have for the Northshore if you're elected supervisor? (5:34)
2. A big part of a supervisor’s job is overseeing county departments and their budgets. Please describe your experience with budgeting and fiscal management. (10:27)
3. As you have taken part in this campaign, both of you have met a lot of people and heard about a lot of concerns and problems and issues. How have those interactions shaped the priorities you plan to take with you to the Board of Supervisors? (14:24)
4. Marijuana continues to be a deeply dividing topic in Lake County. This fall we have two more ballot measures related to marijuana, and disagreements are continuing between growers and nongrowers about what should and should not be allowed in neighborhoods and elsewhere in the county. How do you propose to bring consensus and clarity to this issue? Do you believe you can bring the two sides together? If so, how? (18:55)
5. What is your position on legislation to establish rent control in senior mobile home parks in order to protect against unreasonable hikes? (27:05)
6. Water is an increasingly important issue in District 3 and elsewhere. In what ways do you intend to address water-related issues for Northshore residents? (30:55)
7. How do you intend to make yourself accessible to the constituents of the Northshore? What will your courthouse office schedule be like? (37:44)
8. In what specific ways do you believe you are representative of the voters in District 3? (42:31)
9. What is the most important environmental issue facing Lake County and how do you intend to address it? (48:40)
10. What can politicians do to save the lake in its current condition? (54:08)
11. Over the past several years, there has been a noted breakdown in the relationship between the Board of Supervisors and the Lake County sheriff, leading at one point to the board issuing a unanimous vote of no confidence. The sheriff has since been voted out of office and a new sheriff will take his oath the same day that one of you also is sworn in as District 3 supervisor. How do you propose to work with the new sheriff in order to restore the relationship between his office and yours? (59:33)
12. What is each candidate's position on the local races? Specifically, measures S, O and P, and the assessor-recorder's race? (1:04:26)
13. Candidate question: Brosnan asked Steele about the pension that he collects as a state retiree. (1:12:40)
14. Candidate question: Steele asked Brosnan about a statement on a campaign brochure in which Brosnan said that the county has “lost its way” in moving the Middle Creek Restoration Project forward. (1:15:56)
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Applicants sought for county advisory boards, commissions
LAKE COUNTY, Calif. – The Board of Supervisors is seeking applicants to fill vacancies on a number of advisory boards and commissions.
All vacancies are countywide unless stated otherwise, and all memberships are voluntary.
Applications are available at the Lake County Courthouse, Clerk of the Board Office, Room 109, 255 N. Forbes St. in Lakeport, or online at www.co.lake.ca.gov on the Board of Supervisors page.
If you have questions regarding a vacancy on one of these advisory boards, please contact the clerk of the board at 707-263-2371.
The following is the list of vacancies.
– Animal Control Advisory Board: One vacancy – Supervisorial District 2.
– Big Valley Groundwater Management Zone Commission: Four vacancies – one member-at-large, one agriculture users category, two water district category.
– Building Board of Appeals: Five vacancies – one representative from each supervisorial district.
– Child Care Planning and Development Council: Eight vacancies – two consumer, one public agency, one community representative, two discretionary appointee and two representing child care providers.
– Emergency Medical Care Committee: Six vacancies – one community college district, one California Highway Patrol representative, two EMT representatives, one private ambulance company and one sheriff’s office representative.
– Fish and Wildlife Advisory Committee: Two vacancies – Supervisorial Districts 2 and 3, general membership.
– Heritage Commission: Seven vacancies – one representative from each Supervisorial District, and two members-at-large.
– In Home Support Services Public Authority Advisory Committee: Two vacancies – one disabled community representative and one disabled consumer.
– Lower Lake Waterworks Board of Directors: One vacancy.
– Mental Health Board: Three vacancies – two members-at-large, and one family member of a present/past consumer.
– North Bay Cooperative Library Advisory Board: One Lake County representative.
– Section 8 Resident Advisory Board: Seven vacancies – general membership.
– Solid Waste Appeals Panel: Two vacancies – one public member and one technical expert.
– Spring Valley CSA No. 2 Advisory Board: One vacancy – resident.
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- Written by: Lake County News reports