Council to consider new employee health benefit plan, existing benefits for council members
CLEARLAKE, Calif. – On Thursday the Clearlake City Council will hold discussions on employee and council member health benefits.
The meeting will start at 6 p.m. Thursday, Nov. 8, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
Under business, City Manager Joan Phillipe will ask for the council to approve continuing negotiations with city employee associations and proceed with a proposed change to health care benefits.
Currently, it costs $773,800 to provide comprehensive health care coverage to full-time employees and council members, with employees paying $113,000 out of payroll deductions, Phillipe reported. The city has 48 full-time staffers and council members currently eligible for coverage.
With costs going up dramatically in recent years – the 2012 rates are up 10 percent over those for 2011 – Phillipe is exploring a change in providers and coverage that could potentially result in a 23-percent annual savings for the city and reduce employee deductions by about $90 per month for family coverage, according to her report.
She said benefit provisions would be similar, but there would be different coverage and out-of-pocket costs, deductibles and co-pay differences. The anticipated annual savings for the city would be $176,000.
On Thursday the council also is set to take up a discussion held over from the Oct. 25 meeting about providing benefits to council members.
Phillipe’s report said that council members currently have the option for health care coverage, which this year is budgeted at $85,743.
She said during the 2012-13 budget workshops, former interim Finance Director Sandra Sato had recommended the council reconsider the benefit due to limited resources, a suggestion which had followed a similar one made by the Lake County Grand Jury several years ago.
Councilmember Judy Thein, who is retiring at year’s end, had asked for the discussion to come forward.
Phillipe noted in her report, “It is my understanding that Councilmember Thein is not necessarily seeking council action at this time but rather to open the discussion for possible consideration by the newly comprised council following the seating of its new members in December and prior to the mid-year budget review.”
The council also will discuss a new comprehensive and consistent code enforcement ordinance, hold a second reading of an ordinance regulating taxi cabs and other for-hire vehicles, and consider an agreement with the county of Lake to provide funding for the renovation and operation of a visitor information center at 14295 Lakeshore Drive.
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Lakeport council incumbents ousted; Clearlake council members, Konocti Unified trustees selected
LAKE COUNTY, Calif. – Two incumbents were voted off the Lakeport City Council and one was returned to the Clearlake council in Tuesday’s election, with trustees also selected for the Konocti Unified School District.
Lakeport City Council members Bob Rumfelt and Suzanne Lyons lost their bids for reelection on Tuesday, while Joyce Overton won a third term on the Clearlake City Council.
Kenny Parlet, Martin Scheel and Marc Spillman won the three seats open on the Lakeport council.
With all four Lakeport precincts reporting, Parlet topped the field with 22.3 percent or 587 votes, followed by Scheel, 21.5 percent, 568 votes; Spillman, 16.5 percent, 436 votes; Rumfelt, 14.4 percent, 380 votes; Mary Nolan, 13.1 percent, 344 votes; and Lyons, 12.2 percent, 321 votes.
Lyons and Rumfelt had faced criticism following their votes earlier this fall to implement 100-percent sewer and water rate hikes over the next five years. The holder of the third seat on the ballot, Roy Parmentier, did not seek reelection.
In Clearlake, while Overton sought reelection, Judy Thein and Curt Giambruno had chosen to retire, opening up a large field of council hopefuls.
The latest information posted late Tuesday night by the Registrar of Voters Office – with eight of nine Clearlake precincts reporting – showed that Denise Loustalot had the race’s lead, with 20.6 percent of the vote, or 1,196 ballots, followed by Gina Fortino Dickson, 16.5 percent, 957 ballots; Overton, 14.6 percent, 847 ballots; Melinda Young, 12.1 percent, 705 ballots; Alvaro Valencia, 10.3 percent, 599 ballots; Bruno Sabatier, 10.2 percent, 593 ballots; Bunnie Carter, 8.4 percent, 490 ballots; and Charles O’Neill-Jones, 7.3 percent, 422 ballots.
In the Konocti Unified School Board race, with 27 of 28 precincts reporting, Mary Silva had 42.4 percent, or 2,691 votes, followed by Susan Burton, with 39.9 percent, or 2,529 votes and Amy Crook, with 17.7 percent or 1,123 votes.
Both Silva and Burton will be seated on the board.
Registrar of Voters Diane Fridley will have 28 days to finalize the election’s results.
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Lakeport City Council to consider response to county request to meet over water project
LAKEPORT, Calif. – This week the Lakeport City Council will discuss a response to the Board of Supervisors regarding a meeting over a proposed water main project, and also will consider lifting a hiring freeze and receive new recommendations on mobile catering.
The meeting will begin at 6 p.m. Tuesday, Nov. 6, in the council chambers at Lakeport City Hall, 225 Park St.
City Manager Margaret Silveira will ask the council for input on a response to the Lake County Board of Supervisor’s request to meet to discuss the city of Lakeport looped water project, the South Main Street Annexation and the Lampson Field wastewater issue.
Disagreements between the city and the board have mounted during the past year regarding the projects, especially annexation.
Community Development Director Richard Knoll will give the council a report and recommendations from the ad hoc Mobile Catering Ordinance Review Committee.
Administrative Services Director Kelly Buendia will ask the council to approve removing the city’s hiring freeze in order to allow staff to fill budgeted positions as vacancies occur.
Buendia also will ask the council to approve a proposed reorganization and hiring within the Lakeport Police Department.
The agency is proposing to move from three police sergeants to one police lieutenant and two police sergeants.
Buendia also will ask the council to authorize the internal promotional recruitment for the lieutenant position, as well as approve hiring of a full-time confidential office specialist.
Public Works Director Mark Brannigan also will request an exemption from the hiring freeze for the for a parks maintenance worker 1 position.
In other business, City Attorney Steve Brooks will ask the council to consider accepting a 10-percent payoff of approximately $700 in net funds from the short sale of 707 20th St.
Also on Tuesday, the council will make presentations recognizing Jonnie Waner and Alicia Peña for excellence in martial arts, presentations for participation in the Disaster Preparedness Fair, recognition for Bruno’s Foods and Mendo Mill for their partnership in the annual Disaster Preparedness Fair, and a presentation to Finance Director Dan Buffalo, who will receive of a certificate of recognition for budget preparation from the Government Finance Officers Association.
The council also will hold a closed session to discuss performance evaluations of City Attorney Steve Brooks, the planning services manager and a department secretary, as well as labor negotiations.
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110612 Lakeport City Council Agenda Packet
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Supporters hope Clearlake voters will pass Measure G to improve roads, code enforcement
CLEARLAKE, Calif. – Among the propositions and sales tax measures Clearlake residents will consider on the November ballot is one geared specifically to help the city improve its roads and overall appearance, and address blight.
Measure G, placed on the ballot by the Clearlake City Council in August, is a one-cent sales tax meant to improve roads and restore the city’s code enforcement department, a victim of deep cuts that city officials have had to implement over the last few years.
According to the original report on the measure City Manager Joan Phillipe gave the Clearlake City Council this past summer, the measure would raise approximately $1.4 million annually.
Of that, 75 percent – or $1,050,000 – would go to road improvements and 25 percent, or $350,000, to go to code enforcement. Phillipe told the council that the code enforcement services the measure would fund would include animal control, another area of city service that has seen severe cutbacks.
Clearlake’s current sales tax is 7.75 percent, the same as Lakeport’s, while the county of Lake’s sales tax is 7.25 percent, according to the Board of Equalization.
Measure G would increase Clearlake’s sales tax a full percentage point, to 8.75 percent.
While the measure will put a significant amount of money toward roads, it will not result in the repaving of the entire city, according to the literature from the campaign committee. Instead, it will allow for grinding and patching on paved roads and for unpaved roads to be graded.
During a July meeting when the Clearlake City Council held a discussion of the proposed measure, Mayor Joey Luiz said the measure would triple the city’s current road-related spending.
“You’re going to see a difference. I’m optimistic. It’s going to happen,” Luiz said at the time.
Community member Carl Webb, one of the members of the committee supporting Measure G, said the measure must pass by a super majority, or 66 percent, vote. If it does, that will ensure that the funds raised from the measure can’t be used for other purposes.
Webb said help is “desperately” needed for the city’s roads and code enforcement efforts.
He said there is no sunset clause on Measure G. “The needs are so bad on our roads that I think the city council felt a sunset clause wouldn't provide the assistance that we really need.”
The funds raised by Measure G also can be used to leverage grants, and increase the money available to improve city streets, Webb explained.
Having such a measure in place will make Clearlake a “self-help” city, Webb said.
While it’s not clear how many such cities there are in the state, according to the Self-Help Counties Coalition, there are 19 local county transportation agencies with such super majority, voter-approved measures in place.
Webb said being a self-help city will give Clearlake a better position in competing for grant funding.
The city inherited many dirt roads from the county when it took over after the city’s incorporation more than 30 years ago, said Webb. In addition, Clearlake must maintain arterial and collateral roads.
The sales tax measure’s benefits, said Webb, include that it’s paid for not just by residents but also by visitors.
Clearlake’s measure will appear on the ballot as the same time as Measure E, the half-cent lake sales tax the Board of Supervisors put on the ballot in August, which also must pass by a super majority.
The Clearlake City Council gave its support to the county measure, which members didn’t feel would directly compete for voters’ approval.
Before launching the Measure G effort, supporters tried to gauge community support, said Webb.
“We did a survey to start with, which gave us an idea that there’s a possibility that this will pass, even with a super majority,” Webb said.
While city residents initially seemed most interested in upgrading city streets, Webb said voters’ attention increasingly is shifting to code enforcement needs.
He said that, between roads and code enforcement, he hopes there will be enough interest to get the measure through.
“The feedback that we’re getting seems to be very positive but there’s no way to really know until the votes are counted as to how it’s going to turn out,” he said.
However, he added, “We’re very encouraged at this point.”
A small organizing group has been active in running the campaign, said Webb. They’ve since put up signs and sent out mailers to bring attention to the measure.
“We think this is one of the most important things the city could vote on right now,” he said.
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County, Lake Transit sued over pilot bus program to top of Mt. Konocti

LAKE COUNTY, Calif. – The family that sold the county 1,500 acres on top of Mt. Konocti has filed suit over a pilot bus program meant to offer a limited number of trips to the top of the mountain for those who otherwise couldn’t make the trip.
Mike Fowler and his wife, Emily Ford, had the county of Lake and Lake Transit Authority served on Tuesday with the lawsuit, which also includes 100 as-yet unnamed defendents.
Their attorney, Thomas Brigham of Ukiah, did not respond to a request for comment for this story.
The Fowlers sold the county the 1,520-acre property for $3.6 million in 2009. As part of the agreement, they retained a 159-acre property in the middle of the park where they continue to reside.
They allege that by running the bus tours the county is violating the terms of use for an easement that they granted through their remaining property.
The Fowlers are seeking declaratory and injunctive in an unlimited civil action. They also want a judgment quieting title against the county’s claim that it has a right to use the road easement for the bus tours and, in addition, are seeking attorney’s fees and court costs.
County Counsel Anita Grant said the county’s interpretation of the agreements with Fowler and Ford is that anyone the county authorizes can carry out operations on the county’s property and use the easement in doing so.
Grant said the county’s goal was to provide access – in a limited fashion, and in the least intrusive way possible – to people with physical limitations who otherwise would be precluded from visiting the mountaintop park.
Public Services Director Caroline Chavez said Lake Transit has done four tour dates so far, at two tours each day, with 85 to 90 percent of those taking part being age 65 or older.
“That was exactly the demographic we were trying to achieve,” she said, noting the wonder people expressed while visiting the mountain.
Board approves pilot program
This past spring, the Board of Supervisors moved forward with the pilot program in which Lake Transit would offer six docent-led bus tours during the fall to the top of Mount Konocti County Park.
The county said the goal was to provide access and minimize individual vehicle usage.
At the May 22 meeting during which the board approved the program, Chavez said she had been getting requests to visit the park from people who otherwise couldn’t get up to the mountaintop, including seniors and those with physical limitations.
Tom Nixon, a retired Clear Lake State Park ranger, worked with a group to put together the docent-led program. A ticket on the three-hour tours costs $16.
Fowler and Ford voiced their objections at that time, stating that they had not been included in the discussions about the program and that the plans didn’t address their privacy concerns.
Fowler said he didn’t want the buses up there, telling the board that throughout negotiations with the county the emphasis had always been on preserving and protecting the property, with provisions for nonmotorized access.
He said it smacked of a commercial enterprise, with Board Chair Rob Brown replying that it was being done through public transit.
The board and county staff felt that allowing people up in a bus was less intrusive than letting in numerous vehicles. At that time, it was reported that Chavez was trying to make accommodations by simply giving people access to drive up to the park.
Then-County Administrative Officer Kelly Cox told the board at that meeting that the property was purchased with public tax dollars. “We have taxpayers who are demanding for us to give them access to that mountain.”
Deputy Administrative Officer Alan Flora said that the proposal came out of the county’s efforts to offer access in accordance with the Americans with Disabilities Act. “This seemed the best way to provide that.”
Arguments over road easement central to case
The option agreement for the Mt. Konocti property that the county and Fowler signed on Aug. 5, 2008, states that the use of the property by the public will be regulated by the county to ensure the protection of natural resources; minimize risk of fire and erosion; protect cultural resources, wildlife and wildland habitat; encourage appreciation of the property’s natural characteristics; prevent use of roads and trails by motorized off-highway vehicles; promote nonmotorized use of roads to the extent feasible; prevent hunting or shooting, and trash and vandalism; and protect the Fowler’s privacy and enjoyment of his property.
Commercial uses of the property, the document stated, were to be limited to operating the communications facilities as well as to objectives set forth in the above list of goals and protections.
Fowler and Ford’s suit states that they granted three road easements to the county between October 2009 and September 2011. The first two were for construction, use, maintenance and repair of the communications towers and other facilities, the suit explained.
The last negotiated easement, in September 2011 for a different area than the first two easements, was for maintenance vehicles, the county’s licensees and other persons authorized by the county, according to the suit.
The suit argues that since the tours began on Sept. 15, the county and Lake Transit’s joint venture “has overburdened and exceed the scope of the easement rights of the County. The Plaintiffs have demanded that the County and LTA not use the Easement Road for the bus tour purpose but said defendants have ignored Plaintiffs’ demand.
Fowler and Ford say that the easement does not authorize the county to conduct commercial bus tours or any other kind of bus tours, and does not confer to the county the power to give anyone else the right to run such tours. As such, they’re asking for a judicial determination of their rights.
Chavez said two tours are still scheduled to take place.
Grant said the filing of the complaint alone doesn’t mean the county has to stop the tours.
That decision, she said, will be up to the Board of Supervisors, unless the Fowlers file for a temporary restraining order, which they didn’t do on Tuesday.
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