LAKEPORT, Calif. – This week Supervisor Anthony Farrington will ask the Board of Supervisors to deny permits to the city of Lakeport for a proposed water main extension project in an area the city is seeking to annex.
The Board of Supervisors' meeting will begin at 9 a.m. Tuesday, May 15, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.
At 9:45 a.m., Farrington will ask his board colleagues to approve a proposed resolution directing the Department of Public Works not to give encroachment permits to the city of Lakeport for the South Main Street and Soda Bay road right-of-way.
The proposed project is within the 197-acre area that the city wants to annex, a process the county has objected to over the last several months. At stake is hundreds of thousands of dollars in sales tax annually.
The city is proposing a water main project in order to loop its water system in the interests of fire suppression and public health, according to City Manager Margaret Silveira.
Farrington wrote in his memo to the board, “This proposal is not only a disservice to the property owners who need service, but it is duly unfair for the current rate payers within the City limits to pay for additional infrastructure, which they do not need, when their existing system is antiquated and is in need of repair and upgrades.”
Silveira said the city has applied for U.S. Department of Agriculture loans for several projects, including the water loop.
“We're quite a ways from doing it,” said Silveira, who explained that there is a long process to reach the final project, which would need council approval.
While the project is in county jurisdiction, county residents won't be able to connect to it. Silveira said that's because it's the city policy not to offer water services out of its jurisdiction.
“The city is not in a position to allow any hookups unless they’re annexed, said Silveira.
She added, “That's a policy that every city has.”
The Board of Supervisors recently approved a $27,000 agreement with Ruzicka and Associates to do a feasibility study that considers developing ground water supplies for that area as well as extending a water main from the Kelseyville-Finley water system, which Farrington told Lake County News was necessary because the city refuses to provide water to this area.
Silveira said the city has to protect its water system. She said the city doesn't know if the annexation even will go through. “We still need to do what’s best for the city.”
Farrington told Lake County News that there has never been such a city policy in writing regarding not providing water services outside its limits.
Last month, the Lakeport City Council directed staff to come back with a formal policy on offering services within its jurisdiction. Silveira told Lake County News that the policy is not yet complete.
The city has historically provided services outside of city limits, Farrington said, pointing to a tie-in in North Lakeport that serves County Service Area No. 21 where the city will provide county residents water in the event that the county system is unable to effectively treat lake water during algae blooms. “This agreement also allows us to provide water to city residents,” he said.
He said the city also currently accepts sewage from Land’s End residents and many other residents from South Lakeport off of Soda Bay Road, which is in the county boundaries, and there has been an agreement – which just expired – where the city would accept sewage from Lampson Airport.
Farrington said city staff “signaled that they have no desire to support the renewal of this agreement unless the city and county reach a deal regarding the city's desire to annex the South Main/Soda Bay Road corridor,” and as a result there is a risk of losing $1 million that Congressman Mike Thompson helped secure to provide sewer to Lampson Airport.
Silveira said Farrington didn't reach out to the city before placing the item on the board agenda. She said she will be at Tuesday's meeting for the discussion.
Last Wednesday, after the agenda was posted, Farrington emailed Lakeport Mayor Stacey Mattina to notify her of the proposed resolution.
In the email Farrington told Mattina that he felt it was in the best interests of adjacent property owners to be able to tie into the system, and said, “there is a need for fire hydrants and adequate fire protection along this corridor. These facts coupled with the reality that residents within the incorporated area of the City as ratepayers will be required to pay for the costs of this proposed main extension with a future rate increase; and not realize any benefit for their investment requires me to take a position of opposition.”
The city previously had cited its agreement with Yolo County Flood Control and Water Conservation District – which holds the water rights to Clear Lake – as a barrier to allowing the hookups.
Farrington told Mattina in his email that he had made multiple requests to the city for its contract, and when he didn't get a response he contacted Yolo Flood Executive Director Tim O'Halloran.
“After my reading of this contract and in my conversation with Mr. O'Halloran there is nothing in the contract that would prohibit Yolo from providing water to consumers outside of City limits as consistently presented by you and your staff,” Farrington wrote. “This agreement only requires that Yolo Flood grant permission or approval prior to the sale and distribution of water outside of City limits.
He added, “In light of this truth, our Board will be having a joint meeting with the full Yolo Board in the near future and this issue will be one of our proposed agenda items that will be discussed.”
The full agenda for Tuesday's meeting 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).
9:10 a.m., A-5: Presentation of proclamation designating the week of May 19-25, 2012, as National Safe Boating Week.
9:30 a.m., A-6: Hearing, nuisance abatement of 8426 Lake St., Lower Lake, CA (012-054-20 - A.C. Trary).
9:45 a.m., A-7: Consideration of proposed resolution of direction to the Department of Public Works regarding encroachment permits in the South Main Street and Soda Bay road right-of-way.
10:15 a.m., A-8: (a) Consideration of request to allocate $35,000 in AB 1905 funds to conduct a noise study in the Southeast Geysers area (funds to be matched, if necessary, by Calpine and NCPA); and (b) consideration of request to authorize Calpine to procure noise monitoring and evaluation services and manage the study.
NONTIMED ITEMS
A-9: Supervisors’ weekly calendar, travel and reports.
A-10: Consideration of request to approve out of state travel for Facilities Maintenance Tech Aden Pierson to attend the West Coast Energy Management Congress, May 23-24, 2012, in Seattle, Wash.
A-11: Consideration of proposed third amendment to the agreement between the county of Lake and the Regents of the University of California for sediment sampling in Clear Lake (adding nitrogen
analysis and extending the study one year, at an increase of $19,577.88).
CLOSED SESSION
A-12: 1.Conference with Labor Negotiator: (a) county negotiators: A. Grant, S. Harry, L. Guintivano, M. Perry and J. Hammond; and (b) (b) Lake County Deputy Sheriff's Association, Lake County Correctional Officer's Association and Lake County Deputy District Attorney's Association.
A-12: 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) California United Homecare Workers Union Local 4034.
A-12: 3. Conference with Legal Counsel: Existing Litigation pursuant to Gov. Code Sec. 54956.9, Subd (a): 1. County of Lake v. David Moses dba Alternative Solutions; 2. Lake County Deputy Sheriff’s Association v. County of Lake (Sheriff’s Department) (Public Employment Relations Board); 3. Hawley v. State of California, et al.
A-12: 4. Public employee evaluation: Community Development Director Rick Coel.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on May 1, 2012.
C-2: Adopt proclamation designating the week of May 19-25, 2012, as National Safe Boating Week.
C-3: Approve the American Society for the Prevention of Cruelty to Animals (ASPCA) Grant Agreement, in the amount of $10,000, for the FY 2012-2012 Free Feral Cat Neutering for the Public Project, and authorize the Animal Care and Control director to sign.
C-4: Approve participation agreement between the county of Lake and the California Mental Health Services Authority for data collection and evaluation training services as part of the Multiyear Regional Data Workgroup Program, through FY 2013-2014, in an amount not to exceed $35,600, and authorize the Mental Health director to sign.
C-5: Approve Drug Enforcement Administration Marijuana Eradication (DEA) Agreement between the county of Lake and Drug Enforcement Administration of the United States Department of Justice (DEA will pay Lake County $175,000 to defray the cost relating to the eradication and suppression of illicit marijuana), and authorize the sheriff to sign the letter of agreement and authorize the chair to sign
the agreement, workplace certifications and grant assurances.
LAKE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS
C-6: Approve the purchase and authorize the Special Districts administrator/assistant purchasing agent to issue purchase orders for one Prowler Jr. Easement Machine from 3T Equipment Co., in
the amount of $27,993, and one trailer from 101 Trailer & RV, in the amount of $2,245.98, for the cleaning and maintenance of various wastewater collection system piping.
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