Supervisors to discuss Middle Creek project, continue sales tax consideration
LAKEPORT, Calif. – The Board of Supervisors is set to get an update on a project to restore a large portion of the Middle Creek area and will return to a discussion of a proposed sales tax for lake-related projects when its members meet this week.
The meeting will begin at 9 a.m. Tuesday, July 24, in the board chambers at the Lake County Courthouse, 255 N. Forbes St. It will be broadcast live on TV8.
At 9:40 a.m., Lake County Water Resources staff will present an update regarding the Middle Creek Restoration Project and seek board direction regarding future updates.
According to Water Resources, the project is meant to eliminate flood risk to 1,650 acres of agricultural land and will restore damaged habitat and the water quality of the Clear Lake watershed.
The board also will consider sending a letter to Congressman Thompson requesting federal support for the project’s detail design and construction phase.
At 10 a.m. Tuesday, the board – which held a special meeting last Wednesday to discuss a proposed half-cent sales tax for projects related to Clear Lake – will look at a final version of the measure’s expenditure plans and the necessary resolution to put it on the November ballot.
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: Hearing, nuisance abatement of 16350 Second St., Lower Lake, CA (APN 024-282-02 - Harvey Barnett and Linda Barnett).
9:30 a.m., A-6: Public hearing, (a) consideration of the Community Development Block Grant Program Annual Grantee Performance Report for Program Income Activities, including Housing Rehabilitation RLF, Business Expansion and Retention RLF, and Public Works Activities (Middletown Senior Center); and (b) consideration of the Community Development Block Grant Program Annual Grantee Performance Report for Grant No. 09-EDEF-6539.
9:40 a.m., A-7: (a) Presentation of update regarding the Middle Creek Restoration Project and request for board direction regarding future updates; and (b) consideration of proposed letter to Congressman Thompson requesting federal support for Detail Design and Construction phase of the Middle Creek Restoration Project.
10 a.m., A-8: Continued from July 10 and 18, (a) consideration of draft expenditure plans for various funding Farrington amounts generated by a countywide transportation sales tax measure; (b) consideration of draft expenditure plans for various funding amounts generated by a countywide lake program sales tax measure; and (c) consideration of proposed resolutions authorizing countywide sales tax measures for transportation and/or lake programs.
NONTIMED ITEMS
A-9: Supervisors’ weekly calendar, travel and reports.
A-10: Consideration of the following appointments: In Home Support Services (IHSS) Advisory Committee.
A-11: Consideration of proposed resolution affirming Board of Supervisors’ policy to continue to post agendas and disclose action taken in closed Session.
A-12: Consideration of proposed letter in opposition of Senate Bill 1221 (Lieu) regarding the ban on the use of dogs while hunting bear or bobcat.
CLOSED SESSION
A-13: 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, L. Guintivano, M. Perry, J. Hammond and A. Flora; and (b) Deputy District Attorney’s Association.
A-13: 2. Conference with Legal Counsel: Existing Litigation pursuant to Government Code Sec. 54956.9 (a) - Beckway v. Deshong, et al. (b) Hatfield v. County of Lake, et al. and (c) Rivero v. Lake County Board of Supervisors, et al. – Case No. CV 411638.
A-13: 3. Employee Disciplinary Appeal EDA 2012-05.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on July 17, 2012.
C-2: Approve amended list of capital assets authorized to be purchased prior to adoption of the FY 2012-2013 Budget, as described by staff memorandum dated July 19, 2012.
C-3: Approve plans and specifications for Victoria Drainage Channelization and Culvert Upgrade in Lake County (Bid No. 12-14), and authorize the Public Works director/assistant purchasing agent to advertise for bids.
C-4: Approve out of state travel for Detectives Luke Bingham and Steve Herdt to attend the 2012 Clan Lab Certification Training School No. 279 at the Clandestine Laboratory Training and Research Center in Quantico, Virginia from August 5-11, 2012 (partially reimbursable, balance to be paid with Budget Unit 2214 - Sheriff/Asset Forfeiture funds).
BOARD OF DIRECTORS - LAKE COUNTY WATERSHED PROTECTION DISTRICT
C-5: (a) Approve Grant Deed and direct Clerk to certify for recordation District (APN 004-021-24 - Kevin Morrill and Esther Morrill), and approve purchase agreement between the Lake County Watershed Protection District and Kevin Morrill and Esther Morrill, for Middle Creek Flood Damage Reduction and Ecosystem Restoration Project; (b) approve grant deed and direct clerk to certify for recordation (APN 004-016-34 - Robert Sterling and Kelly Sterling), and approve purchase agreement between the Lake County Watershed Protection District and Robert Sterling and Kelly Sterling, for Middle Creek Flood Damage Reduction and Ecosystem Restoration Project; and (c) approve grant deed and direct clerk to certify for recordation (APN 004-016-02 - Philip Rooney and Marcia Rooney), and approve purchase agreement between the Lake County Watershed Protection District and Philip Rooney and Marcia Rooney, for Middle Creek Flood Damage Reduction and Ecosystem Restoration Project, and authorize the chair to sign agreements.
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Clearlake City Council election filings open; Thein, Giambruno not seeking reelection
CLEARLAKE, Calif. – The filing period for three seats on the Clearlake City Council opened this week, with two of the incumbents reporting they will not seek reelection.
The seats for Judy Thein, Curt Giambruno and Joyce Overton will be on the ballot for Nov. 6.
Clearlake City Clerk Melissa Swanson said the filing period for the November council race opened on Monday, and will remain open until Friday, Aug. 10. However, if any incumbents choose not to run, that filing period extends to Wednesdsay, Aug. 15.
Two of the current council members whose seats will be up for election – Thein and Giambruno – already are indicating they will not seek new terms and will leave office in December.
Overton told Lake County News on Thursday that she’s still making a final decision about whether or not to seek reelection, adding that she’s leaning in the direction of running for a third term.
So far, one community member has announced his intention to step into the race.
Bruno Sabatier, a father of two who helped organize the “Power to the Youth” event in the city, said he will seek a seat.
“As a city council member, I will represent all of the residents of Clearlake, ensuring that our plan for the city benefits everyone,” he said in an announcement, which can be found here: http://bit.ly/MvUHRn .
Swanson said that as of Thursday Sabatier’s was the only filing to seek a council seat submitted to her office.
Thein announced earlier in the week that after two terms on the council – including several terms both as mayor and vice mayor – she will not run again.
“After nearly three decades of public service to the city of Clearlake, I will not be seeking reelection,” she wrote in a guest commentary published by Lake County News. “It is time to rest.”
Thein was first elected in 2004. During her time on the council, her daughter died in a crash as the result of a drunk driver, and Thein went on to found Team DUI, a group that works with young people to help them understand the dangers of drunk driving.
Thein’s commentary on her decision not to seek reelection can be found here: http://bit.ly/OBzhUC .
Giambruno told Lake County News this week that he’s “absolutely not running” again.
He’s served two and a half terms on the council, and at age 74 believes it’s time to let others step forward and lead. “It’s time that I call it quits.”
Giambruno added that his decision not to run wasn’t influenced by Thein’s similar conclusion, noting that he knew a long time ago she wouldn’t run again.
“There’s a lot of issues involved and I think I’ve probably done all I can do to help the city,” he said, explaining he had made his decision over the last few months.
In addition to his time on the council, Giambruno spent nine years on the Clearlake Planning Commission and also volunteered for 15 years with code enforcement.
It was his wife, Judie – who died four years ago – who encouraged Giambruno to run for office.
During his time on the council, the city has faced serious fiscal challenges and had to make decisions on controversial projects, including a regional shopping center and the Provinsalia housing project. Neither of the projects have been built.
“I don’t like politics, to be honest with you,” he said. “It’s a thankless job.”
Because of his status as a council member, Giambruno said he won’t be involved in campaigning for the one-cent sales tax to improve the city’s roads and code enforcement.
However, he said he feels the tax is needed, because the city needs to be cleaned up and improved.
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New Lake County Grand Jury seated in Wednesday ceremony
LAKEPORT, Calif. – The newest Lake County Grand Jury was sworn in during a Wednesday morning ceremony in Lake County Superior Court.
Presiding Judge David Herrick oversaw the brief ceremony – which he called both an obligation and a privilege for the presiding judge – as several other county leaders looked on.
“It's always an honor for me to do this,” said Herrick.
The group will spend the next year investigating citizen complaints, conducting required oversight, meeting with local officials and drafting a final report.
Herrick praised the outgoing grand jury for doing an exemplary job in performing its duties. The 2011-12 grand jury’s report was released earlier this month.
Herrick thanked the grand jurors for their work, noting that sometimes there is friction between them and local officials as a result of their tasks.
“Sometimes the grand jury comes under criticism,” he said, adding that largely that criticism is unwarranted.
“It’s time consuming and it's difficult and we really appreciate people stepping up and performing this obligation,” Herrick said.
He then called forward the six grand jurors who are carrying over for a second year as part of the new jury, and had them seated in the courtroom’s jury box.
Those continuing for a second year are Luther Sweigert of Clearlake, who Herrick appointed the foreperson for the coming year; Kelseyville residents David Eichten, Margaret Maloney, Karen Miller and Beverly Patane; and Janice Pankratz of Lakeport.
“I’m doubly grateful to these folks for having volunteered to serve another year as grand jurors,” Herrick said.
A grand jury consists of 19 members; this year, the county had 24 qualified candidates, Herrick explained.
He directed the clerk to draw 13 names at random to form the rest of the working grand jury “as of today,” guaranteeing that the five not immediately seated would almost certainly end up serving in the coming year due to commitments and conflicts that he anticipated would cause some grand jurors to have to leave the body.
Herrick said it almost always happens that issues arise requiring the substitution of jurors, noting, “Last year it was the same day I swore the grand jury in.”
The 13 new jurors the clerk selected at random are Linda Conway and Dave Johnson, both of Clearlake; Kelseyville residents Godfrey Dyne and Alan Mattern; Warren Fox of Cobb; John Hart of Loch Lomond; Sorhna Jordan and Thomas Swihart, both of Hidden Valley Lake; Lakeport residents Nanette Marschall, Linda Schreiber, James Summers and Dana Thibeau; and Clifford Morgan of Clearlake Oaks.
Herrick then had them all stand for the swearing in, after which they were reseated in the box.
The judge introduced the newly sworn grand jurors to several county officials, including Judge Andrew Blum; County Counsel Anita Grant, who will be their advising attorney; District Attorney Don Anderson, who also will advise them at times in a limited capacity; Board of Supervisors Chair Rob Brown; and interim County Administrative Officer Matt Perry.
After the brief introductions, the officials and other members of the public were excused and the courtroom was closed so Judge Herrick could give the new grand jury its formal charge of duty.
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Supervisors decide to support lake sales tax
LAKEPORT, Calif. – At the end of a special Wednesday morning meeting, the Board of Supervisors voted to support putting a half-cent sales tax measure to benefit lake-related projects before the voters this November.
The refined sales tax expenditure plan and ordinance will go before the board for final approval next Tuesday, July 24, at 10 a.m.
The board acknowledged that in order to get the needed support for the measure there needs to be an education effort.
The board also considered a sales tax measure to support roads, but after the Clearlake City Council decided last week to pursue its own one-cent sales tax measure to benefit roads and code enforcement, and with the Lakeport City Council voting to support the lake tax but not the roads at its Tuesday meeting, the road tax no longer seemed like a realistic option, said Board Chair Rob Brown.
“It’s disappointing,” Brown said.
Supervisor Anthony Farrington made presentations to both city councils and to his board colleagues, supporting the lake sales tax.
Public Works Department staff said the half-cent sales tax could bring in $2.4 million annually for lake projects.
Programs the funding would support include invasive species prevention, aquatic weeds and algae mitigation, water quality control and testing, capital projects matching funds, and a small amount of administrative expenses for the auditor-controller.
The percentages for the different programs will be refined and decided up on by the the board next week.
Even though they ultimately voted for the road tax, board members voiced their concern for the condition of county roads.
“Roads are in an absolutely disastrous situation,” said Supervisor Jim Comstock.
He said he didn’t have any idea if his south county district would support a tax to benefit Clear Lake.
Supervisor Jeff Smith felt the county should pursue a half-cent sales tax split between roads and the lake, which he felt was the only way to pass either of the measures.
Smith said he also was concerned that there would be the public perception that putting all of the money into the lake would solve all of its problems. “It’s just not that simple.”
Even after the county has spent more than $1 million on lake projects recently, Brown said he still gets nonstop calls asking for more to be done.
“We’re not going after every weed and we're not removing the algae from the lake in its entirety,” said Farrington, adding the intent is to mitigate those nuisances.
He agreed the roads also need improvement, but suggesting the state and federal governments needed to reallocate money and quit putting infrastructure on the back burner.
Supervisor Denise Rushing said almost all of the calls she gets from constituents are about the lake. “This is our responsibility at this point.”
She said biologists have told the county that they have crossed a threshold with the lake, and they don’t know what has happened to the lake’s chemistry to cause the lyngbya outbreaks of recent years.
“We may be able to get a little bit ahead of this game” with the funding, she said.
Without a sales tax proposal for roads, Public Works Director Scott De Leon said his staff would still be able to fix potholes, but wouldn’t be able to take on extended maintenance like crack seals and fog seals.
He said his department had $250,000 in gas tax money from the state for preventive maintenance, but within the last few weeks the state swept half of that away.
A transportation tax would allow the county to use gas tax money for routine maintenance, including bridge maintenance, snow removal, pothole repair and pavement preservation. If they can’t do pothole preservation, potholes will get worse.
Finley resident Phil Murphy said he wouldn’t support a lake tax until other options are fully explored. He suggested one of those options was dissolving Lake County Vector Control and moving its budget into the county health department.
He also raised the issue of Yolo County’s responsibility, since that county’s flood protection district owns the water rights to Clear Lake. “Basically what you're asking taxpayers to do is to pay to protect the water sources for a very large part of the economy of Yolo County.”
Murphy added, “That’s not fair. Yolo County is not doing its share.”
Officials from the city of Clearlake and Lakeport also were present for the discussion, including Clearlake Mayor Joey Luiz, Clearlake City Manager Joan Phillipe and Lakeport City Manager Margaret Silveira.
Luiz said he felt his city’s one-cent sales tax can succeed, no matter what the county does.
Silveira said she felt the sales tax was important for everyone, but she said the Board of Supervisors had signaled to the Lakeport City Council that it had a different approach to regional governance.
She cited the county’s issues with signed annexation agreements from several years ago covering the S. Main Street corridor, Farrington’s request earlier this spring to have county staff refuse the city an encroachment permit for a water main project and her assertion that the county disregards the city’s general plan.
Silveira said that last week Capt. Chris Macedo of the Lake County Sheriff’s Office sent out a memo to his department’s staff saying that the Lakeport Police Department should not have received $17,000 in Indian gaming funds, when the sheriff’s department received more than $200,000. She said Macedo asked his deputies not to call Lakeport Police to respond to incidents as backup as a result.
“The city of Lakeport wants to work regionally with the county,” she said, and the city hopes the county respects the city and doesn’t disregard its needs.
Melissa Fulton, chief executive officer for the Lake County Chamber of Commerce, felt the cities and the county needed to work together to have a successful measure. She worried that Clearlake’s road tax could cost the county its tax measure.
Fulton pointed out that most lakes charge launch fees, though Clear Lake doesn’t have one. “It is time to take a look at that.”
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Clearlake City Council plans special Thursday budget session
CLEARLAKE, Calif. – The Clearlake City Council will hold a special meeting Thursday to discuss the budget for the new fiscal year.
The meeting will begin at 5:30 p.m. in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
The public is invited to attend the study session to review the draft budget for fiscal year 2012-13.
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