Supervisors to discuss jail assessment, syringe exchange report

LAKEPORT, Calif. – This week the Board of Supervisors is expected to discuss needs at the jail and also consider a report on the county's syringe exchange program.

The meeting will begin at 9 a.m. Tuesday, Sept. 24, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. It will be broadcast live on TV8.

At 9:30 a.m. the board will hear the biannual report on the syringe exchange program from county Health Services Director Jim Brown and Health Officer Dr. Karen Tait.

Any Positive Change, a volunteer organization, operates a large syringe exchange program in the county, but the report from Brown and Tait indicates the organization may soon end, and as such they are attempting to monitor for the potential impacts should the program shutter.

At 10:10 a.m., the board will consider recommendations offered in the jail needs assessment report.

The jail currently is reported to be at capacity due to correctional realignment. Realignment has resulted in some inmates doing time in the jail rather than state prison, with many sentences served in the jail now exceeding the previous one year maximum.

As such, the sheriff's office has said that it needs to make improvements to the jail facilities in order to be able to accommodate the increased jail population.

It's been estimated at previous board meetings that jail upgrades could run into the millions of dollars, with some grant funding available.

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 of update regarding current departmental fiscal status.

9:30 a.m., A-6: Presentation of syringe exchange program bi-annual report.

9:45 a.m., A-7: Presentation of update on departmental implementation of health care reform.

10 a.m., A-8: Consideration of bid award for rehabilitation of portion of Gaddy Lane (Kelseyville), Soda Bay Road (Kelseyville) and Butts Canyon Road (Middletown).

10:10 a.m., A-9: Consideration of jail needs assessment report recommendations.

11 a.m., A-10: Assessment Appeal Hearing: Michele Basso - Application No. 119-2011 - 11222 Tanya Terrace, Cobb, CA (APN 051-103-050-000); Wanda Fulford, TTE - Application No. 114-2011 - 574 Bass Lane, Clearlake Oaks, CA (APN 035-822-410-000); Stephens Properties Inc. - Application Nos. 15-2011, 16-2011, 17-2011, 18-2011, 19-2011, 20-2011, 21-2011, 22-2011, 23-2011 and 24-2011 - 10920 Harbor Road, 10892 Harbor Road, 11178 Wheeler Drive, 11350 Westwind Road, 11126 Konocti Vista Drive, 11390 Point Lakeview Road, 11125 Point Lakeview Road, 11279 Point Lakeview Road, 10835 Sunset Ridge Drive and 11606 Point Lakeview Road, Kelseyville (APNs 009-004-240-000, 009-004-190-000, 009-004-180-000, 009-018-190-000, 009-018-200-000, 009-018-060-000, 009-018-020-000, 009-018-040-000, 009-004-170-000 and 043-041-080-000).

NONTIMED ITEMS

A-11: Supervisors’ weekly calendar, travel and reports.

A-12: Consideration of appointments to the California State Association of Counties Board of Directors.

A-13: Consideration of proposed response to the FY 2012-13 Grand Jury Final Report.

A-14: Consideration of proposed award of bid (Bid No. 13-16) for sludge removal project at the Southeast Regional Wastewater Treatment Facility.

CLOSED SESSION

A-15: 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, L. Guintivano, S. Harry, M. Perry, A. Flora and C. Shaver; and (b) employee organizations: Deputy District Attorney's Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officers Association, Lake County Employees Association and Lake County Safety Employees Association.

A-15: 2. Conference with real property negotiator, (a) property located at: 3980 Gard St., Kelseyville (APN 024-081-01); (b) negotiating parties for county: Supervisor Rob Brown, Child Support Services Director Gail Woodworth, County Administrative Officer Matt Perry and Deputy County Administrative Officer Alan Flora; for seller, Kelseyville Unified School District representatives; (c) under negotiation, lease terms.

A-15: 3. Public employee evaluation: Child Support Services Director Gail Woodworth and Health Services/Veterans Services Director Jim Brown.

CONSENT AGENDA

C-1: Approve minutes of the Board of Supervisors meetings held on Sept. 10 and 17, 2013.

C-2: Adopt Resolution amending Resolution No. 2013-95 by canceling Obligated Fund balance for road improvements in the Emerford Pine Summit Estates Capital Projects Fund to appropriate money for road improvements.

C-3: Approve Budget Transfer B-017 in the amount of $70,000, from BU 7999 - Contingencies to BU 2604 - Nuisance Abatement, for Lakeside Heights Winterization projects, and authorize the chair to sign.

C-4: Approve agreement between the county of Lake and Redwood Toxicology Laboratory Inc. for FY 2013-14 drug testing services (AODS), in the amount of $15,000, and authorize the chair to sign.

C-5: Authorize the chair to sign the Certification Statement in Standard Agreement No. 12-89369 (agreement approved by the board on June 25, 2013).

C-6: Approve findings of fact in the appeal of Andrez Skwira - AB 13-02, and deny appeal.

C-7: Approve hiring extra help Office Assistant II Marcella Barnes at Step 5, due to extraordinary qualifications.

C-8: Approve Group Insurance Committee Recommendations for account based health plan for the 2014 benefit plan year (correcting error in rates), and authorize the Human Resources director to implement recommendations.

C-9: Adopt resolution authorizing the Special Districts administrator to sign a Notice of completion for work performed under agreement dated Oct. 25, 2012 (Spring Valley WTP Upgrade & Clearwell Tank Project).

C-10: Award Bid No. 13-17 to Ukiah Ford for the purchase of one 2013 extended cab standard bed truck, in the amount of $24,469, and authorize the Special Districts administrator/assistant purchasing agent to issue a purchase order.

C-11: Adopt water system design and construction standards for all county service areas.

KELSEYVILLE COUNTY WATERWORKS DISTRICT NO. 3 BOARD OF DIRECTORS

C-12: (a) Adopt water system design and construction standards; and (b) adopt design and construction standards for sanitation facilities.

LAKE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS

C-13: Adopt design and construction standards for sanitation facilities.

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.

Oct. 2 town hall meeting on Measure H sales tax proposal planned

CLEARLAKE, Calif. – A town hall meeting will be held Wednesday, Oct. 2, to answer questions about the city of Clearlake’s Measure H, a sales tax proposal going on this fall's ballot.

The meeting will be held from 6 p.m. to 8 p.m. at the Lake County Youth Center, 4750 Golf St.

Measure H is a proposal on the November ballot to implement a 1-percent use and transaction – or sales – tax in the city of Clearlake. At its Aug. 8 meeting, the Clearlake City Council approved placing it on the ballot.

If passed, Measure H is expected to provide approximately $1.4 million annually, with 75 percent to go toward roads and 25 percent to be used for code enforcement.

Due to severe funding constraints for the Clearlake Code Enforcement Department, there has been a dramatic decline in the upkeep of properties.

This has resulted in increased conditions that affect the public health, safety and welfare, as well as the enjoyment, use and value of private property, according to Measure H proponents.

Measure H does not solve the street condition problems in the city, but proponents suggest it is a big step in that direction. With more than 112 miles of roadway to maintain, additional funding is an absolute necessity to improve the city’s streets.

An annual plan will be developed during the city budget hearings each year to address and improve the overall condition of all city maintained streets. The budget hearings are open to the public with opportunities for public input.

Proponents say Measure H will have a minimal cost. Sales tax is not charged on everything. Rent, groceries, utilities, prescriptions, and most medical procedures are not taxable. This sales tax amounts to 1 cent for each $1 spent on taxable items only.

Code enforcement and better roads are not only necessary to increase property values but also the quality of life, the proponents said.

If you have questions or just want to know more about Measure H, attend the town hall meeting Oct. 2 or visit www.helpclearlake.com .

Lakeport City Council votes to put senior mobile home park rent control initiative on ballot

LAKEPORT, Calif. – After hearing from both supporters and opponents of a senior mobile home park rent control initiative that the city attorney warned was likely to be challenged as unconstitutional, the Lakeport City Council decided to leave the decision of enacting it up to voters.

In a 4-0 vote – with Councilman Martin Scheel absent – the council chose to place the initiative on the November 2014 ballot, when the city's next municipal election will be held.

The vote was greeted with cheers from Lakeport resident Nelson Strasser, the measure's proponent, as well as other members of the “Save Our Seniors” group which reported it has just completed collecting signatures for a similar ballot measure in the county jurisdiction.

Even so, members of the city council had raised concerns about the city finding itself in court over the measure's legality, which interim City Attorney David Ruderman said was a likelihood based on his analysis of Strasser's one-page initiative.

The initiative defines senior parks as those where at least 80 percent of the homes have at least one person age 65 or older. It would roll rents back to those in place on Jan. 1, 2012, and require that rent increases be tied to rises in Social Security benefits.

It was Ruderman's conclusion that the initiative will be the focus of litigation and be invalidated by a court because it constitutes a regulatory taking and is preempted by state law. City park owners already have indicated they may sue if the initiative is adopted.

While the initiative power is “fundamental,” Ruderman added that the courts “have clearly stated that people do not have the right to put an invalid initiative on the ballot.”

Ruderman offered to the council a menu of choices: accept the initiative without change as a city ordinance, place it on the November 2014 ballot, seek declaratory and injunctive relief from the duty to place the initiative on the ballot based on the initiative’s invalidity, place the initiative on the ballot for voter consideration but refuse to defend the initiative if a preelection challenge is brought against it.

He also suggested a fifth option – simply decline to take any action, either to adopt it or to place it before voters, which would require the initiative's proponents to bring suit against the city in order to get it on the ballot.

He pointed out that Strasser initially had provided the city with a petition in November 2012, and former City Attorney Steve Brookes had reviewed the proposal and provided a letter explaining problems with it. Ruderman said Strasser made some changes, returned with a revised initiative the following month and was informed of additional issues.

Council member Stacey Mattina asked if there was time to recirculate the initiative before the November 2014 election. Ruderman said there was.

Councilman Kenny Parlet said it was a difficult decision to choose between spending money to put it on the ballot when litigation is likely – a move that he said seemed “ludicrous” – or to face litigation for not putting it before voters.

He said it seemed that it was Ruderman's advice to not put it on the ballot. Ruderman replied, “This is a policy decision that is within your discretion.”

“So we're kind of between a rock and a hard place, we could get sued by either side,” said Mayor Tom Engstrom.

Mary Ann McQueen, who along with husband Jerry owns Northport Trailer Park outside of the city limits, told the council that the initiative wasn't necessary.

She said it had gotten the attention of park owners who had since agreed to work with residents. “They don't want to work with the park owners now,” she said of the proponents.

McQueen argued that it will create an expensive bureaucracy, and said a long-term lease agreement that park owners representing 80 percent of the park spaces in the unincorporated county had agreed to accept was a better alternative.

Engstrom asked how many mobile home parks the city initiative would affect. Ruderman said he did not know.

Strasser told the council that 100 California municipalities have rent control for mobile home parks. “We're not doing anything radical, we're not inventing the wheel.”

He said there have been abuses by park owners – including massive rent increases in some parts of the state – “and rent control has been the pushback.”

The issue, said Strasser, is whether any senior should have to live at the mercy of a company or corporation that can raise rents unilaterally, putting seniors in danger of being homeless. He suggested the local government should have taken action to fix the problem.

“Stay out of our way. The people of Lake County want their seniors protected,” he said, adding, “We just want our chance on the ballot.”

William Eaton, the Save Our Seniors Committee chair who lives in Sterling Shores Estates mobile home park in north Lakeport, said they've tried unsuccessfully for more than a year to get a long-term lease agreement from their park's owner. They finally heard back from the owner two months ago as the county initiative gained traction.

In the two years since he moved to the park, Eaton said his Social Security has gone up by 1.7 percent but his rent has increased 8 percent. The park's owner, he said, has openly stated his objective is to make as much money as possible. Eaton asked the council to place the initiative on the ballot.

Bill Cline, owner of Castlewood Estates in Nice, argued that the initiative was “clearly illegal,” adding that the council was in a no-win situation. He suggested that Strasser should begin again and retool it.

Doug Johnson, a representative of the Western Manufactured Home Community Association, told the council, “What Mr. Strasser has written is patently illegal” and unconstitutional, and urged the council to place the burden on Strasser, who he said should be forced to go to a judge to try to get it placed on the ballot.

Mattina told Strasser she wished he would start over with something that would work. Strasser said the city council and Board of Supervisors should have put something together. “We really need something that would tie our rents to Social Security.”

He added that he already had a motion written to seek a writ of mandamus, which he planned to file with the court the next day if the council didn't place the initiative on the ballot. “I don't want to fight, I want to solve a problem.”

Joyce Pierson, who like Strasser lives in Fairgrounds Village Senior Mobile Home Park in Lakeport, said she helped gather signatures on petitions from the general public, and heard many people say “it's about time” when she explained the initiative to them.

Pierson said it was time to start doing something for seniors, pointing out the county's large senior population. She added that she and her 83-year-old husband have a tough time making ends meet, and her husband continues to work part-time to pay the bills.

It was Mattina who moved to place the initiative on next year's fall ballot, with Engstrom seconding. Despite concerns raised by council members, the vote was unanimous.

The group of senior proponents had sat quietly as Mattina read through the motion and the vote was taken.

“So it's going on the ballot,” said Engstrom, at which point Strasser and the group seemed to let out its collective breath, clapping and cheering.

In other council news from Tuesday, Lakeport Police Chief Brad Rasmussen received the Commission on Peace Officer Standards and Training's Executive Certificate. It's the highest certification the commission offers to executives, who must complete a training program, college units and have served at least two years as a department head.

The council also voted to move forward with the process of refinancing side fund obligations owed to the California Public Employees’ Retirement System, which could save an estimated $20,000 annually.

Council members also approved an application from “Hey … Hot Dog!” for a time limit waiver in order for the hot dog cart to remain at one location along S. Main Street beyond the city's two-hour time limit for mobile catering businesses.

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.