Supervisors to consider how to respond to Lucerne water rate proposal
LAKEPORT, Calif. – This week the Board of Supervisors will consider options for assisting a Northshore community facing another high water rate increase.
The meeting will begin at 9 a.m. Tuesday, Dec. 18, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport.
At 10:45 a.m. the board will consider Supervisor Denise Rushing’s request to explore ways the county can respond to California Water Service Co.’s proposal to raise water rates in Lucerne by 77 percent over three years, beginning in 2014.
Rushing held a town hall meeting in Lucerne last week in which community members voiced their concerns over the water rates, which Rushing said were about twice the rates in county-operated districts.
Earlier this month, the county filed documents with the California Public Utilities Commission for party status in Cal Water’s general rate case.
Lucerne has the second-highest rates in Cal Water’s 34-district system, according to documents submitted to the CPUC. The town’s rates have gone up an estimated 160 percent since 2005.
In other business on Tuesday, at 10 a.m. the board will discuss an assessment of the Lake County Office of Emergency Services (OES) and consider a request for board direction and authorization to recruit for OES coordinator.
At 10:30 a.m. the supervisors will take up a request to direct staff to develop a strategic plan for the paper lot subdivision properties above Nice, Lucerne and Clearlake Oaks.
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: (a) Presentation of proclamations congratulating the Middletown Girls Soccer Team for an undefeated 2012 season; and (b) presentation of proclamation of appreciation to Cliff Swetnam for his years of service to the Lake County Planning Commission; and (c) presentation of proclamation of appreciation to Ken Brown for his years of service to the county of Lake.
9:45 a.m., A-6: (a) Update regarding the nuisance abatement actions taken at 10337 Pinewood Way, Whispering Pines, CA (APNs 050-261-16, 050-261-12 and 14 - Joan Fontaine and Dorothy Fontaine); and (b) consideration of request for board direction regarding the final completion deadline for all repairs to the dwelling.
10 a.m., A-7: (a) Presentation of report on assessment of Lake County Office of Emergency Services (OES); and (b) consideration of request for board direction and authorization to recruit for OES coordinator.
10:30 a.m., A-8: Consideration of request to direct staff to develop a strategic plan for the paper lot subdivision properties above Nice, Lucerne and Clearlake Oaks.
10:45 a.m., A-9: Consideration of request to explore options for county response to proposed Lucerne area water rate increase.
NONTIMED ITEMS
A-10: Supervisors’ weekly calendar, travel and reports.
A-11: (a) Presentation of health care reform update and (b) consideration of “Policy Regulating the Use of Extra Employees to comply with the Patient Protection and Affordable Care Act.”
A-12: Consideration of proposed agreement between the county of Lake and the city of Clearlake to provide funding for the renovation and subsequent operation of a Visitor Information Center at 14295
Lakeshore Drive, Clearlake, Calif.
A-13: Consideration of proposed resolution approving the amendment to the standard agreement between the county of Lake and the California Department of Mental Health and the California Department of Health Care Services for the period between April 1, 2012, through April 30, 2013, for specialty mental health services.
A-14: (a) Consideration of request to waive the Consultant Selection Policy; and (b) consideration of request to award contract for the provision of shelving for the Middletown Library to Hopley, and authorize the county librarian/assistant purchasing agent to issue the purchase order carried over from Dec. 11, 2012.
A-15: Consideration of proposed agreement for the Adult Detention Facility Needs Assessment Study for the Lake County Jail/Hill Road Facility.
A-16: (a) Consideration of request to waive travel policy section regarding time limit for submitting travel reimbursement claims; and (b) consideration of request to approve late travel claims.
CLOSED SESSION
A-17: 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, L. Guintivano, M. Perry, J. Hammond and A. Flora; and (b) Employee Organization: DDAA, DSA, LCCOA, LCEA and LCSEA.
A-17: 2. Sitting as the Board of Directors of the Lake County IHSS Public Authority: Conference with Labor Negotiator: (a) Agency Negotiator: Carol Huchingson and F. Buchanan (b) Employee Organization: California United Homecare Workers Union Local 4034.
CONSENT AGENDA
C-1: (a) Rescind approval of the minutes of the Board of Supervisors meeting held on Nov. 27, 2012; and (b) approve minutes of the Board of Supervisors meeting held on Nov. 27, 2012, as amended, and Dec. 11, 2012.
C-2: Adopt resolution approving the sale of surplus real property owned by Board of Supervisors will act as the former Lake County Redevelopment Agency (3478 Boggs Ave., as the successor agency to Nice - APN 032-111-33).
C-3: Adopt resolution accepting conveyance of real property located in Lucerne, California.
C-4: Approve agreement between the county of Lake and Lake Family Resource Center for grant writing services, through Dec. 31, 2013, and authorize the chair to sign.
C-5: Approve advanced step hiring of extra help Office Assistant II Claudia Everett, due to applicant’s extraordinary qualifications (5th step salary range).
C-6: Approve agreement between the county of Lake and Taber Consultants for geotechnical investigations for three HBP Bridge Replacement Projects: Clayton Creek Bridge at Clayton Creek Road (14-0031); Cooper Creek Bridge at Witter Springs Road (14C-0119); Clover Creek Bridge at First Street (14-0015); and Pedestrian/Bicycle Bridge Project - Bridge Arbor Bikeway, for an amount not to exceed $117,800, and authorize the chair to sign.
C-7: Approve application for financial aid with the Department of Boating and Waterways for $531,834.74, to fund the Marine Patrol Program (Budget Unit 2205), and authorize the sheriff to sign the subvention program application.
C-8: (a) Adopt resolution amending Resolution No. 2012-107 establishing position allocations for Fiscal Year 2012-2013, Budget Unit No. 2302, Probation Officer - Juvenile Court (adding one (1) Welfare Fraud Investigator Supervisors, adding one (1) Welfare Fraud Investigator/Trainee and deleting one(1) Senior Deputy Probation Officer allocation); and (b) Adopt Resolution amending Resolution No. 2012-107 establishing position allocations for Fiscal Year 2012-2013, Budget Unit No. 5011, Department of Social Services (adding one (1) Staff Services Analyst I/II position, deleting one (1) Welfare Fraud Investigator Supervisor, deleting (1) Welfare Fraud Investigator/Trainee and deleting one (1) Social Worker III/Social Worker III-CPS/Social Worker III-CalWORKs position).
C-9: Approve first amendment to agreement between the county of Lake and Sacramento Children’s Home for FY 2012-13 specialty mental health services (an increase of $0.01 to all services types as of October 1, 2012), with no increase to the maximum amount, and authorize the chair to sign.
C-10: Approve advanced step appointment of Barbara Thompson to Social Worker III-CPS, due to applicant’s extraordinary qualifications (career step salary range).
C-11: Approve agreement between the county of Lake and Bid4Assets, Inc., for public auction services through Dec. 31, 2013, for an amount not to exceed $25,000, and authorize the chair to sign.
LAKE COUNTY AIR QUALITY MANAGEMENT DISTRICT BOARD OF DIRECTORS
C-12: Adopt resolution authorizing the district to continue participation in Management District the Lower Emission School Bus Program with San Joaquin Unified Air Pollution Control District continuing to implement the Program within the District, and accept additional funds from Modoc County Air Pollution Control District in the amount of $44,702.47.
C-13: Approve memorandum of understanding between Lake County Air Management District Quality Management District and North Coast Unified Air Quality Management District defining the scope of activities for the expenditure of California Air Resources Board Carl Moyer Memorial Incentive Grant funds from Program Year 10 (transferring the remaining Carl Moyer Year 13 funds to North Coast Unified Air Quality Management District), and authorize the air pollution control officer to sign.
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New Lakeport City Council members to take oaths Dec. 18
LAKEPORT, Calif. – The Lakeport City Council’s three new members will be sworn in at the council’s regular meeting this week.
The council will meet beginning at 6 p.m. Tuesday, Dec. 18, in the council chambers at Lakeport City Hall, 225 Park St.
Kenny Parlet, Martin Scheel and Marc Spillman, all first-time council members elected Nov. 6, will take their oaths at the Tuesday meeting.
Before they are sworn, the current council will accept a resolution reciting the facts of the election and declaring the results, and approve the certificate of canvass.
The three men will then be sworn and seated, and they will join fellow council members Stacey Mattina and Tom Engstrom to select the mayor and mayor pro tem for 2013.
Business the new council will take up includes the consent agenda, usually accepted on one motion, which this week includes ordinances, minutes, building permits, and receipt and filing of a report from the city clerk in conformance with the California Maddy Act, which requires members of city commissions and committees and their terms of office be posted.
The council also will present awards for the 2012 holiday decorating contest and approve an ordinance adopting the State of California Uniform Construction Cost Accounting Policy.
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Clearlake City Council to hold special meeting for road project right-of-way
CLEARLAKE, Calif. – The Clearlake City Council will hold a special meeting Tuesday morning to discuss a road improvement project.
The council will meet at 8 a.m. Tuesday, Dec. 18, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
The one item of business on the special Tuesday agenda relates to the city’s Safe Routes to School project, located on Arrowhead Road.
Council members will consider approving Resolution No. 2012-39, which would accept the certificate of acceptance for the right-of-way granted to the city by the Konocti Unified School District.
As part of that same agenda item, the council will consider Resolution No. 2012-40, authorizing City Manager Joan Phillipe to sign certificates of acceptance for the right-of-way dedication to the city.
The two resolutions are to be adopted on separate motions.
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Clearlake City Council honors Thein, Giambruno; welcomes new members
CLEARLAKE, Calif. – At its Thursday night meeting, the Clearlake City Council honored two longtime members entering retirement and welcomed the next generation of council members.
Taking their oaths of office Thursday night were newly elected council members Denise Loustalot and Gina Fortino Dickson, and Joyce Overton, who won her third term on the council.
Before the new council members were seated, Mayor Joey Luiz made presentations to retiring council members Judy Thein and Curt Giambruno.
Giambruno was a city planning commissioner for nine years before serving two and a half terms on the council.
Thein served two terms, having been elected in 2004. Before that, she had served more than 20 years in the city’s finance department.
Luiz recognized and thanked both of them for their contributions.
Thein said she had spent 30 amazing years working for the city, and was looking forward to enjoying more time with her husband, Bob.
“Clearlake is an amazing place,” she said. “I have always been and I always will be proud to call Clearlake my home.”
Her advice to the new council members: “Always take the high road and it will take you wherever you want to go.”
Luiz then thanked Vice Mayor Jeri Spittler for her efforts over the past year, noting she had championed such issues as a smoking ban in city parks and an ordinance allowing leashed dogs in parks. She, in turn, thanked him for always being there for her.
Following a 15-minute break and reception, it was time for Loustalot, Dickson and Overton to take the oaths, which was administered by City Clerk Melissa Swanson.
After they took their oaths and were seated, they joined Spittler and Luiz in choosing the council’s leadership for 2013.
Overton nominated Spittler to be mayor and Loustalot to be vice mayor, which the council unanimously approved.
The council then discussed whether to send new members to a League of California Cities training for new council members.
City Manager Joan Phillipe said the city had not budgeted the training for new council members for several years. The estimated cost to send two people was just under $2,800.
Spittler said she wanted the city to consider paying for the training. “I am in favor of education for the council members.”
Overton said she spent a lot of her own money to go to such trainings after the funding was cut. She said it’s a definite asset to have new council members trained, adding that it’s an extraordinary training.
During the discussion council members suggested there were ways to cut the costs.
The majority of community members who offered public comment favored the training.
“It should be part of the budget,” said Jim Honegger.
Carl Webb also encouraged the council to approve the expense, noting that the most important thing the council can do is spend the city’s money wisely. “They can’t spend it wisely if they don’t know how.”
The council agreed to approve funding the training for Loustalot and Dickson.
The other item of business for the new council was getting an update from Phillipe on efforts to create an ordinance to prohibit commercial medical marijuana cultivation and cultivation on vacant properties, and limit outdoor cultivation.
She said the draft ordinance is proposing to address the issue through zoning and nuisance abatement.
Spittler said commercial grows don’t belong in neighborhoods, and she agrees with how the county set up its cultivation ordinance, with lot size determining plant numbers.
Overton said there is no reason for grows with more than six plants in the city limits. She was concerned that the city would become overwhelmed if rules weren’t implemented, adding that she thinks Clearlake needs more strict rules because of the city’s smaller parcel sizes.
Loustalot agreed with Overton. “If it was up to me it would be zero, but that’s just not fair.”
Dickson, who formerly served on the city’s planning commission, agreed that the city needed to step in and manage what is going on with marijuana cultivation. She wanted to see different plant limits for different zoning, and also wanted it to start with the planning commission.
The council heard from several community members who recounted issues with smell, neighboring properties being trashed, crime and safety. They also heard from a medical marijuana user who was concerned about what approach they might take to restrict access to the drug.
City resident Jim Scholz told the council, “You have the right to say no,” when it comes to allowing the grows, noting there is a lot of opposition to home growing. He said he supports medical marijuana, but questioned if it has to be grown in backyards.
Beth Kaiman told the council that grows can be “inherently dangerous.” Seven months ago she lost her home and pets due to a marijuana grow near her home that burned. She said medical marijuana can help people, but added that it should not be allowed in the city limits.
County Supervisor Jeff Smith welcomed the new council members, estimating that the Board of Supervisors has spent “hundreds and hundreds of hours” on the marijuana topic.
He asked what is to be done for people who have lived in neighborhoods for years and now can’t enjoy their homes because of the number of grows. Smith said code enforcement is needed, and the city can start tomorrow by enforcing those code issues.
Luiz said an ordinance was needed to protect the city’s residents, and that a large percentage of the city’s homicides have been related to marijuana grow operations. Second only to the crime issues are health safety matters, such as RVs parking on vacant lots where grows are taking place, he said.
He said many people are coming to Clearlake from out of state to be involved in criminal enterprise, and they don’t care who they hurt or the damage they leave behind.
“We’re a city. We're mainly neighborhoods,” said Luiz.
Luiz suggested that marijuana appears to be on track to eventually become legalized, and he wants the city to keep that in mind as it moves forward so as not to lose possible future economic opportunities.
Regarding code enforcement, Phillipe said they are going to use existing staff to return to some level of code enforcement service. She said they have a lot of complaints that staff already has prioritized, and they are considering what finances they have available to cover enforcement.
As the meeting drew to a close, Phillipe and Spittler both welcomed the new council members.
Loustalot thanked everyone, noting she never thought she would be there.
“I just want to serve my community to the best of my ability,” she said.
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Planning commission grants Calpine 30-year extension on Davies Estate geothermal site

LAKEPORT, Calif. – The Lake County Planning Commission on Thursday voted unanimously to approve Calpine's request for a 30-year use permit extension on its Davies Estate geothermal drilling site.
Despite concerns about seismicity voiced by the residents of the nearby community of Anderson Springs – they asked that the seismicity issue be made a part of the permit – the commission found that extending the use permit until Aug. 11, 2043, met the standards of a Class 1 Categorical Exemption under the California Environmental Quality Act, or CEQA.
Planning Commissioner Cliff Swetnam recused himself from the discussion, reporting that he was a Calpine stockholder and so had a conflict of interest.
County staff reported that the permit, first issued by the commission in October 1983, allows for a total of four geothermal wells on an existing pad, as well as accessory roads and pipelines.
Assistant Resource Planner Will Evans said the site has been in continuous operation for nearly 29 years.
The staff report said the wells have operated “without causing harmful effects to the environment,” and added that Calpine is in compliance with all of the existing use permits conditions, which include mitigating impacts on the environmental, wildlife and cultural resources.
Evans said staff was suggesting that the time extension be granted with the existing permit requirements to remain in effect.
Joe A. Austin, a district geothermal engineer with the California Department of Conservation's Division of Oil, Gas and Geothermal Resources, which regulates geothermal operations in the state, spoke briefly to the commission, reporting that the agency held Calpine to be in compliance with its requirements.
His comments echoed those in a letter he had sent Evans dated Oct. 17, in which he said that the agency had no objections to the Class 1 Categorical Exemption being applied in this case.
Bruce Carlsen, environmental director for Calpine, said the company was not seeking a change to the permit, only a time extension.
He said the Davies Estate site produces 3.5 megawatts of steam, a “significant amount of production” for the small area, located about three quarters of a mile south of Anderson Springs.
Attorney Katherine Philippakis, speaking on behalf of Calpine, agreed with county staff's proposal that the extension could be dealt with through the Class 1 Categorical Exemption. Like Carlsen, she emphasized no changes were being made to the operation.
Carlsen said seismicity and its impacts across The Geysers underwent review with the permitting needed for the recycled water injection projects put in place there. Monitoring and analysis across the steamfield are required and ongoing.
He suggested that a proper permit term should be for the productive life of the project. With The Geysers' geothermal development being linked to long-term recycled water projects, Carlsen said they could be there 100 years or more. The oldest well in The Geysers is more than 50 years and still producing steam.
“We're here to stay,” he said.
Community Development Director Rick Coel said the majority of the major use permits approved in the county are for indefinite terms. “The exceptions seem to be billboards and geothermal.”
He said there is a good argument for making use permits indefinite. Giving time constraints on local permits for the geothermal operations had started at some point and continued to be carried through.
“I can't seem to find a logic for it,” said Commission Chair Olga Martin Steele.
Senior County Counsel Bob Bridges noted that all mining and mineral permits have specific terms.
The commission heard from several Anderson Springs residents who felt that the impacts on their lives and properties justified more constraints on the operation’s permitting, noting that they are experiencing more quakes – including a 3.4-magnitude quake reported in the area on Wednesday night.
Merial Medrano, a 41-year resident of Anderson Springs, said community members wanted seismicity-related conditions added to the permit.
“To say that nothing has changed for 30 years is ridiculous,” she said, pointing to the increase in earthquakes and the more than $200,000 in damages paid out to homeowners.
Another Anderson Springs resident, Joan Clay, who also chairs the area’s mitigation committee and homeowners association, and is a member of the Anderson Springs Community Alliance, confirmed Medrano’s statements.
Clay supported holding the permit to 10 years, noting that seismic monitoring stations have only been in the area a few years. She said she was counting on the commission to support Anderson Springs, and that community members want to work with the county and Calpine.
Brian Harms, general manager of Bottle Rock Power, a geothermal operation on Cobb, said his operation has submitted a request to the county similar to Calpine’s. He held that Calpine’s request fit the requirements for the Class 1 Categorical Exemption.
Harms suggested that there are separate mechanisms to deal with the concerns about the operations, adding that the extension of a business operation can’t be held hostage to those concerns.
Commissioner Bob Malley said he believed the permit offered enough opportunities for the public’s concerns to be addressed.
Commissioner Mike Van Der Boon said he thought Calpine has done a great job working with the community. “I certainly do understand their concerns as far as noise and seismic activity,” he said of the area’s residents.
Steele asked about complaints for the specific well pad operation. “We've had no complaints from the Davies Estate well pad operations. Nothing on record,” replied Coel.
Steele asked Carlsen if they had any plans for additional monitoring. Carlsen said no, adding, “My company wants us to be in harmony with surrounding communities.”
He said they have measured noise at the well pads and are working to reduce the noise, explaining that a lot of equipment is being rotated. While the community wants the changes to happen faster, Carlsen said they can’t just change all of the equipment on the hill and get nothing for it.
Van Der Boon moved to find that the permit was exempt from the California Environmental Quality Act by falling within the Class 1 Categorical Exemption, which the commission approved 4-0. He then moved to extend the use permit through August 2043, which also was approved 4-0.
Also on Thursday, the commission approved forwarding to the Board of Supervisors proposed changes to county zoning that would ban marijuana cultivation in apartment complexes and mobile home parks unless, in the case of the latter, there are approved common areas for growing, a change the commission suggested.
They also supported a proposed limit on processing marijuana in residential neighborhoods, with the amount of marijuana that can be processed to be limited to what county ordinance determines can be grown in that zoning.
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