LAKEPORT, Calif. – A forum for candidates in this fall’s Lakeport City Council race will be held on Thursday, Oct. 4.

The forum will be held in the council chambers at Lakeport City Hall, 225 Park St., from 6:30 p.m. to 8 p.m. Doors open at 6 p.m.

Six candidates – incumbents Suzanne Lyons and Bob Rumfelt, and challengers Mary Nolan, Kenny Parlet, Martin Scheel and Marc Spillman – are running for three seats on the council in the November election.

Questions are welcomed in advance of the event and may be sent to the cosponsors: Lake County Chamber of Commerce, This email address is being protected from spambots. You need JavaScript enabled to view it. , or Lake County News, This email address is being protected from spambots. You need JavaScript enabled to view it. .

Audience members also will be able to submit questions for the group at the forum.

LAKEPORT, Calif. – After more than two hours of hearing from city residents opposed to rate increases, followed by a discussion of the city's needs for improved infrastructure, the Lakeport City Council voted Tuesday night to increase city water and sewer rates 100 percent over the next five years.

The council unanimously approved a resolution certifying the results of the protest hearing the council held at its Sept. 18 meeting before voting on two resolutions, one modifying water rates, the other sewer. Each of those latter resolutions passed 4-1, with Councilman Tom Engstrom the lone dissenter.

Between 40 and 50 people were in attendance at Tuesday night's meeting, about half the number who had packed the chamber for the council's first hearing on the rates last month.

Based on the city's proposal, the bill for a month of water service at a residence with a basic 3/4-inch water connection and up to 1,000 cubic feet of water would rise from $17.45 per month to $34.85 by January 2017, with a 1-inch pipe with up to 2,000 cubic feet increasing from $34.87 per month to $69.70 in that same time frame.

Also over the five-year period, sewer customers in the north part of the city would see their rates go from $35.41 per month to $74.25; rates for customers in the south would grow from $46.79 to $74.25.

Approximately 618 validated written protests had been submitted to the city, just over half of the 1,216 needed to have stopped the rates according to state law.

City residents who spoke at the Tuesday night meeting – some of them having spoken at the last meeting, some newcomers who brought new concerns and perspectives – asked council members to step back, reevaluate the projects the rates would help fund and come up with an alternate plan.

The essential message coming from residents was, “Not right now,” especially in light of a still rough economy where people continue to struggle financially.

On the other end was the council, who heard from numerous people that council members up for reelection this November could expect to be challenged as a result of the rates.

The council majority held that the needed projects had been put off for too long, putting the city into the position of needing to act or else face budget-breaking fines from the state.

“Part of the reason we're running in the red is that no one has had the courage to plan for the future,” said Mayor Stacey Mattina.

Utilities Director Mark Brannigan said the rate hike proposal had been formed by the city staff with the help of experienced consultants.

He said he wanted the public involved in the process, wanting them to take part in identifying the challenges. Since the Sept. 18 meeting he said he and other city staff had spent time trying to answer questions from community members.

Brannigan said the city needed enough revenues to pay its bills every month. Due to budget cuts and lack of revenue, the city has been placed in a reactive mode. The city is applying for grant funding to complete needed infrastructure projects mandated by the state after the city had a sewer spill several years ago.

“We knew it was going to be a difficult hill to climb but it's in the best interest of the ratepayers of the city of Lakeport in the long run,” Brannigan said.

The rate increase, paired with grant funds the city hopes to receive from the United State Department of Agriculture Rural Development, won't cover all system needs, such as new water wells, he explained.

Engstrom asked what would happen if the county refused to let the city have an encroachment permit for a water main loop along S. Main Street, one of 10 water and sewer projects the city intends to complete.

“If it gets to the point where we're just hitting roadblocks, then we need to start looking at other alternatives,” Brannigan replied.

During the discussion City Manager Margaret Silveira said the city has right to improve its water system without receiving the county's permission.

Community asks for reconsideration

Approximately 21 people went before the council on Tuesday night, with several of them deferring their time to speakers including Marc Spillman and Bob Bridges. Only one person, Charles Witt, spoke in favor of the increases, acknowledging that improvements needed to be made.

Arlin Pischke, a former Lakeport councilman, warned against the increases, suggesting the city was biting off “a big, big chunk” in the midst of what he said is probably a depression.

He urged them to listen to the community, which doesn't have a lot of wealth. “Take it in smaller steps.”

Pischke encouraged the council to do what it could to fill up the 58 empty commercial buildings in the city. He said the two members up for reelection this year – Suzanne Lyons and Bob Rumfelt – could count on his opposition if they voted for doubling rates.

Bridges, one of the community's most vocal opponents of the increase, said he saw tears and fright in peoples' faces when he walked door to door to talk to residents about the increases.

While he appreciated suggestions about the potential for removing some projects – like not installing new water meters citywide – to save money, “I think there's a lot more toning down that can be done,” Bridges said.

He said he would volunteer to serve on a citizens committee. Brannigan had reported at the last meeting that when the city had tried a few years ago to set up such a group, only one person – who wasn't a city resident – showed any interest.

Bridges wanted the city to sit down, rethink and reprioritize. “It's apparent that this is going to cause great pain.” He added that he felt the city needed a small raise to help its situation.

Likewise, Verna Schaffer urged the council to go back to the drawing board and get a citizens' committee organized.

“There is no easy solution and our economy is really, really failing,” she said.

Schaffer said she was certain an increase was needed, but not to the extent the city was proposing.

Liz Callahan worried that increasing water bills would impact her enjoyment of her yard, flowers and swimming pool. Rather than traveling to Europe, she stays home and enjoys her pool, which friends and neighbors also share. Her monthly water bill already is more than $200.

She warned that the increased would lead to dying lawns and trees. “People won't want to come to Lake County,” she said. “They won't want to come to Lakeport. They won't want to come to the Lake.”

Dave Norris asked city staff if they based their income projections for the new rates on current usage or usage that reflected more conservation. Finance Manager Dan Buffalo said the projections were based on the assumption that usage would stay the same. He said the city estimated that the average household used 900 cubic feet per month.

Chris Macedo asked about the last time the city raised rates. Brannigan said the last Consumer Price Index-based increase was in 2011 for sewer rates.

Macedo also quizzed the council and staff about how long they've known about the city's water and sewer system problems. Brannigan said it's been an ongoing issue.

In turn, Macedo asked why, if the city had known about the problems for some time, that gradual increases hadn't been made.

“This is all about money,” said Macedo, referring to the city's desire to incorporate the S. Main Street corridor.

Mary Kay Hauptman said the city could achieve a lot with conservation and a community study group, adding, “You definitely have our attention.”

Kim Beall told council members she had voted for them but, “Frankly, I think your job sucks.”

“So do we,” replied Councilman Roy Parmentier.

Charles Witt said the city needed repairs, admitting he hasn't stood up for the city much in the past. “If we don't pay it today, we will pay it tomorrow,” he said.

Keith Kirsch urged the council to get rid of the proposal to install new water meters, saying it was less expensive to employ a city staffer to do the work, and that ratepayers also benefited by having a live person who could determine if leaks were taking place. He said the city would save about $800,000.

Council not unanimous in support

When the discussion came back to the council, Engstrom pointed out, “In my 40 years in public service, what's happening here is typical,” explaining that people usually don't come to meetings unless there is something affecting them directly.

“Unfortunately, we've been privy to a lot of information over many months that you don't have,” Engstrom told the audience.

He said he was having a hard time making a decision that will face the community long after he's dead, with the city expected to have to pay back loans for the projects over a 40-year period.

Staff told Engstrom that the council needed to pass the resolutions implementing the rate hikes in order to be considered for the grant funding.

“So that's the kicker,” Engstrom said. “That's why we're under the gun.”

Brannigan said the resolutions would demonstrate the city's ability to pay back the loan.

Parmentier suggested not pursuing the water meters. At the same time he told community members in the audience that putting the projects off would cost the city more in the long run.

He said he would rather not pay $10,000 a day fines to the state – which the city could potentially face if it's not in compliance with state law – and instead put those funds into local infrastructure projects. “Your infrastructure, not ours,” he told the audience.

Rumfelt said the conversation about raising the rates had been going on for five or six years, and people have threatened the council before.

He said he would like to be reelected in November, but he was prepared to risk being voted out in order to see the system receive the needed improvements.

Rumfelt said he hoped the council would do what was right. If he didn't get reelected, Rumfelt said he would at least be able to flush his toilet and get a glass of water.

“It's not as if the people who sit up here haven't been paying attention or don't know what they're talking about,” said Lyons. She noted she had driven staff crazy getting information and learning about the system's needs, concluding, “I'm with you, Bob.”

Mattina agreed it was an “extremely painful” decision, but better than the alternative. “In five years, all of these projects will cost far more and we will have paid so many fines.”

Silveira told the council that if the water meters were removed from the projects list, the city risked not getting the federal grants. She suggested the council leave the meters on the list, removing them later if the funding didn't come through.

Rumfelt moved all of the resolutions, with a 5-0 vote on the protest hearing results and the 4-1 votes – with Engstrom voting no – on the separate resolutions to raise water and sewer rates.

After the votes, audience members got up to leave but Rumfelt asked them to stay for the next item, and several did. That subsequent discussion involved replacing a granular activated carbon filter used in the city's treatment of lake water, with the equipment not to exceed $60,000.

Buffalo told the council that paying for the project would use up the rest of the city water fund reserves.

Brannigan said the taste of the system's water would be “significantly different” without the treatment.

Macedo asked if the city could use redevelopment money for the treatment. Rumfelt said the city would still have to pay back those funds.

Beall told the council that if they had decided to upgrade the system, “You might as well have it taste good,” she said of the water.

Parmentier, who pointed out that he was not running for reelection, moved to approve the purchase, initially saying that the amount was not to exceed $60 million rather than $60,000. He said he was just checking to make sure people were paying attention.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKEPORT, Calif. – Citing a lack of evidence and no cooperation from witnesses, Lake County’s district attorney said he will not pursue a case in which a Clearlake man alleged he was assaulted by a county supervisor in the front yard of his home in August.

District Attorney Don Anderson said Monday he won’t prosecute the case involving Rob Brown, 52, of Kelseyville, a county supervisor who also works as a bail bondsman, and 55-year-old Robert Sanders of Clearlake.

Anderson told Lake County News on Monday that Sanders has refused to cooperate with police, including not providing video evidence he claimed to have and refusing to sign a medical release in order for his claims about his injuries to be investigated.

Sanders also has given conflicting stories about what occurred, including contradicting himself in comments he made during a radio interview with the county’s sheriff, Anderson said.

In addition, two witnesses who claimed to have seen the confrontation, and who accused Brown of hitting both Sanders and a dog, haven’t spoken to authorities, said Anderson.

“We know who they are, but at least one of them has been avoiding the police department,” Anderson said.

All of those factors led Anderson to conclude that the case can’t be successfully prosecuted, as he doesn’t believe a jury could be convinced beyond a reasonable doubt that Brown committed an assault.

Sanders alleged that Brown assaulted him on the night of Tuesday, Aug. 21, in the yard of his home at 3747 Buckeye St. in Clearlake.

Brown said he struck Sanders in self defense after Sanders laid hands on him, and both men initially reported to police that they had been assaulted.

At the time of the confrontation Brown had recently taken possession of the Buckeye Street property through foreclosure due to an unpaid debt for bail for the Sanderses’ son, Christopher Sanders, sentenced to 41 years in prison in January for sexually molesting his young stepdaughter over a three-year period.

Brown was at the property at about 9 p.m. to serve notice that an insurance-required inspection was to take place later that week.

When Brown served the papers, a confrontation ensued and he turned to walk away to wait for police. Sanders acknowledged to police that he had come up and taken hold of Brown’s elbow, reportedly to escort him off his property.

Brown said Sanders grabbed his elbow and swung him around, and Brown punched Sanders in the jaw once as a result.

Sanders claimed he was hit more than once. Brown had a large bruise on his elbow where he alleged Sanders grabbed him.

Brown said from the beginning that he didn’t want to prosecute Sanders. Sanders also had told police he didn’t want to press charges until after his brother arrived at the scene, reportedly acting aggressive and hostile, according to Anderson’s case rejection report.

Attorney general finds no conflict; alleged victim won’t cooperate

Before reviewing the case, Anderson first referred it to the California Attorney General’s Office because Brown is a sitting member of the Board of Supervisors.

“The Attorney General’s Office determined there is no conflict of interest between the supervisor and the District Attorney’s Office,” Anderson wrote in his case rejection report. “Therefore this office will be making all charging decisions.”

Anderson also had Mendocino County District Attorney David Eyster – who previously has assisted with case review where there are concerns about conflicts of interest – look over the case, with Anderson and Eyster reaching the same conclusions.

In his analysis, Anderson said there was no issue with Brown being on the property at night – “It is not unusual or illegal to accomplish service of process after 9 p.m.” – and his presence didn’t constitute trespass since he was there to serve paperwork.

“The accounts of the event differ; however, it appears form (sic) police reports Mr. Brown and the complaining witness became involved in a verbal argument,” Anderson wrote in his case rejection. “The complaining witness tells the police he told Mr. Brown to leave. He tells the police Mr. Brown did leave, but then the complaining witness initiates further conversation with Mr. Brown. This may very well be a tacit invitation for Mr. Brown to step back onto the property, which he did.”

Anderson said Sanders admitted to police that he initiated the first physical contact between he and Brown, who he approached and grabbed by the left elbow before Brown struck him.

Brown said Sanders grabbed him and spun him around. “In a self defense movement he pushed the complaining witness back and then struck him in the face,” Anderson’s report said.

Anderson’s report noted that Brown’s wife, Kim, gave an account of the confrontation consistent with her husband’s.

As for Sanders’ wife, Jan, “The complaining witness' wife's statement did not lead to any additional information as she could not see the initial contact between the parties,” the case rejection states.

Anderson said Monday, “She didn’t see the first part of it. She saw the punch.”

Adding to the issues surrounding the case, Lake County Sheriff Frank Rivero – who has been at political odds with Brown – interviewed Robert Sanders on his radio show on Aug. 24. Anderson said a recording of that interview became evidence in the investigation.

In his report Anderson called Rivero’s interview of Sanders on the radio “extremely unusual,” and one that didn’t help the case of Sanders, who Anderson said gave a different version of the incident on the show than he gave police.

Specifically, Anderson said Sanders’ comments on Rivero’s radio show conflicted with accounts he gave to police of how he grabbed Brown, the time of the incident, the witnesses and the conversations.

A recording of that radio show, said Anderson, would be available to a jury. It also might result in issues of bias involving witnesses that a prosecutor may not be able to overcome.

“The defense can use that to impeach his credibility,” Anderson said of Sanders.

Other issues that contributed to Anderson concluding that the case couldn’t be successfully prosecuted included Sanders refusing to sign a medical release.

While Sanders alleged that red marks on his ribs were evidence of additional blows by Brown, Anderson said police concluded that the injuries weren’t consistent with being punched.

With Sanders refusing to sign a medical release, the doctor who treated Sanders can’t talk to investigators to refute the police conclusion, Anderson said.

Sanders also told police that he had a surveillance camera video of the confrontation which Anderson said Sanders refused to let police see. Later, Sanders said no such video existed.

That, said Anderson, led to both credibility and evidentiary issues.

“What’s a jury to believe?” Anderson asked.

Anderson said all of the issues with the case – changes in story, refusal to provide evidence and lack of cooperation with police – led to the overarching issue of the case not being prosecutable.

“A jury will be suspicious, and they should be,” Anderson said.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKEPORT, Calif. – In the wake of last week’s announcement that a group has filed petitions to list the Clear Lake hitch as an endangered species, the Board of Supervisors on Tuesday will discuss the possible local ramifications of such listings.

The meeting will begin at 9 a.m. Tuesday, Oct. 2, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. The meeting will be broadcast live on TV8.

At 9:45 a.m., the board will discuss the potential Endangered Species of the hitch, a fish native to Clear Lake.

The fish’s numbers have plummeted in recent years, and last week the Center for Biological Diversity announced it had filed petitions seeking state and federal Endangered Species listings for the hitch, as Lake County News reported. The full account can be found here: http://bit.ly/RgXpxy .

Also on Tuesday, the board will present proclamations designating the month of October as Domestic Violence Awareness Month and designating the week of Oct. 22-30 as Red Ribbon Week. The presentations are set for 9:10 a.m.

The full agenda for the Tuesday meeting follows. Some items appear out of order because an addendum to the original agenda was issued.

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: (a) Presentation of proclamation designating the month of October 2012 as Domestic Violence Awareness Month; and (b) presentation of proclamation designating the week of Oct. 22-30, 2012, as Red Ribbon Week.

9:20 a.m., A-6: Consideration of proposed agreement between the Lake County Housing Commission and Umpqua Bank for deposit of Moneys: Local Agencies for local Section 8 payments.

9:30 a.m., A-7: (a) Presentation of annual report from the Court Appointed Special Advocate (CASA) program for Mendocino and Lake Counties; and (b) consideration of proposed agreement between the county of Lake and CASA of Mendocino and Lake Counties for support services provided to Lake County residents.

9:45 a.m., A-13: Discussion/consideration of the local effects of the potential placement of the Clear Lake Hitch on the Federal Endangered Species List.

10:10 a.m., A-14: Consideration of proposed first amendment to agreement between the county of Lake and Lucerne Alpine Seniors Inc., for health-related senior support services.

NONTIMED ITEMS

A-8: Supervisors’ weekly calendar, travel and reports.

A-9: Consideration of appointments to the Lake County Air Quality Management District Hearing Board.

A-10: (a) Consideration of proposed general services agreement between the county of Lake and Mead & Hunt Inc., for environmental assessment services for the Westside Aviation Development Area at Lampson Field Airport; and (b) consideration of proposed Supplemental Services Agreement No. 1 between the county of Lake and Mead & Hunt Inc., for the preparation of the environmental assessment for the Westside Aviation Development Area at Lampson Field Airport.

A-11: Consideration of request to award Bid on behalf of CSA #2 – Spring Valley for the Spring Valley Water Treatment Plant Improvement Project, Bid No. 12-01.

CLOSED SESSION

A-12: 1.Conference with labor negotiator: (a) county negotiators: A. Grant, L. Guintivano, M. Perry, J. Hammond and A. Flora; and (b) Lake County Deputy District Attorney’s Association, Lake County Correctional Officers Association and Lake County Employees Association.

A-12: 2. Public employee performance evaluation: Behavioral Health Services director and Public Services director.

A-12: 3. Conference with legal counsel: Existing litigation pursuant to Government Code Sec. 54956.9(a): (a) Merrill et al. v. Lake County Board of Supervisors.

A-12: 4. Conference with legal counsel: Existing litigation pursuant to Government Code Sec. 54956.9(a): Rivero v. Lake County Board of Supervisors, et al. - Case No. CV 411638.

CONSENT AGENDA

C-1: Approve minutes of the Board of Supervisors meeting held on Sept. 25, 2012.

C-2: (a) Adopt proclamation designating the month of October 2012 as Domestic Violence Awareness Month; and (b) adopt proclamation designating the week of Oct. 22-30, 2012, as Red Ribbon Week.

C-3: Adopt resolution approving the application and certification statement for the State Department of Health Care Services, CMS Branch’s California Children’s Services (CCS) Administration Plan Renewal Grant for FY 2012-13, and authorize the Board Chair to sign the Certification Statement.

C-4: Approve advanced step hiring of extra help Nurse Practitioner Donna Farmer, due to applicant’s extraordinary qualifications (fifth step salary range).

C-5: Approve agreement between the county of Lake and Bettina Woelbling for FY 2012-13 literacy program services, and authorize the chair to sign.

C-6: Adopt resolution authorizing the director, Public Works Department, to sign a notice of completion for work performed under agreement dated Oct. 25, 2011 (soldier pile retaining wall on Socrates Mine Road at PM 1.84, Bid No. 11-10).

C-7: Approve agreement between the county of Lake and Northwest Biosurvey for environmental services for HBP Bridge Replacement Projects: Clayton Creek Bridge at Clayton Creek Road, Lower Lake (14C-0031); Cooper Creek Bridge at Witter Springs Road, Upper Lake (14C-0119); and Clover Creek Bridge at First Street, Upper Lake (14C-0015), in an amount not to exceed $54,300, and authorize the chair to sign.

C-8: Adopt resolution authorizing the submittal of an application, acceptance of an allocation of funds, and execution of a grant agreement with the California Department of Transportation for an Airport Improvement Program Matching Grant and designating the Public Works director as sponsor’s official representative. Carried over from Sept. 25.

C-9: Approve first amendment to agreement between the county of Lake and Chapel of the Lakes (adding fees for cremated remains scattered at sea), and authorize the chair to sign. Carried over from September 25, 2012

C-10: Approve third amendment to agreements between the county of Lake and Jones Mortuary, Jones and Lewis Mortuary and Chapel of the Lakes Mortuary (adding transportation fees for indigent deceased residents at the San Francisco Medical Examiner’s Office), and authorize the chair to sign. Carried over from September 25, 2012

C-11: Approve first amendment to agreement between the county of Lake and county of Sacramento for FY 2012/13 forensic pathology services (an increase of $30,000), and authorize the chair to sign.

C-14: Approve agreement between the county of Lake and JNB Janitorial Services to provide FY 2012-13 janitorial services to Behavioral Health and AODS facilities, in an amount not to exceed $24,000, and authorize the chair to sign.

LAKE COUNTY WATERSHED PROTECTION DISTRICT BOARD OF DIRECTORS

C-12: Approve agreement between the Lake County Watershed Protection District and Paragon Partners, Ltd., for appraisal and relocation assistance services for the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project, in the amount not to exceed $41,950, and authorize the chair to sign.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKEPORT, Calif. – This week the Lakeport City Council will return to its discussion of a proposal to double water and sewer rates over the next five years.

The meeting will begin at 6 p.m. Tuesday, Oct. 2, in the council chambers at Lakeport City Hall, 225 Park St.

The council will consider passing the resolutions that would amend the water and sewer rates and put the increases into effect.

The council held a public hearing on the plan at its Sept. 18, with dozens of community members packing the council chambers to lodge their protest against the rate hikes, which the city argues are needed for several reasons – state requirements, aging infrastructure, and higher costs of operation and maintenance.

Public Works Director Mark Brannigan will present to the council a resolution certifying the results of the protest hearing held at the Sept. 18 meeting.

Last week City Clerk Janel Chapman reported that the city received 818 protest ballots from the 2,430 affected parcels, with 640 of the protests being validated, as Lake County News has reported.

According to state law, in order to stop the rate increases entirely, the city would have had to receive 1,216 protests, amounting to 50 percent plus one of the total number of parcels.

Brannigan also will ask the council to authorize services to replace the granular activated carbon in two of the four vessels located at the Lakeport surface water treatment facilities. The services are not to exceed $60,000.

Also on Tuesday, Lakeport Police Chief Brad Rasmussen will take to the council an application for the Eternally Wired Youth Ministries to hold a “Harvest Revelation” on Wednesday, Oct. 31, on Mellor Drive between 19th and 20th streets with staff recommendations.

Rasmussen also will ask the council to approve a resolution allocating funds from the Supplemental Law Enforcement Services Fund.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .