The commission's Web site can be found at http://wedrawthelines.ca.gov/; the maps page is at http://wedrawthelines.ca.gov/maps-congress-working-draft.html .

The discussion was brought up as an emergency item at the Tuesday board meeting.

County Administrative Officer Kelly Cox, who – along with Supervisor Denise Rushing – went to Sacramento last Thursday to give testimony to the California Citizens Redistricting Commission, told the board, “I've been advised that we may have one last opportunity to provide input to the commission.”

He added, “I'd like to have a discussion with the board about what that input would be.”

After the board voted to take it up as an extra item, Rushing explained that she told the commission last week that she wanted to see Lake County kept whole in is congressional district, and have it continue to be joined with Napa County.

Rushing said she didn't like the commission's proposed congressional district map, which would split the county in half.

Supervisor Rob Brown said no one is going to be 100 percent happy with the results.

“There's no good scenario, there's just better scenarios,” he said.

Brown also stated his belief that having Lake County represented by two different members of Congress – especially two from different parties – would be beneficial.

Rushing said she and Cox were planning to go back to the commission's meeting this Thursday.

“It's pretty obvious that our voice as a county hasn't been heard at all,” she said, adding that it would have value if all five board members signed a letter voicing concern over the options.

Cox told the board that Lake County was being treated as a pawn in the process.

The board unanimously approved sending the letter, which Cox had prepared and submitted to them on Tuesday.

The letter to the commission questions the decision not to group Lake County with Napa County but instead to put it in the Yuba Congressional District, which includes several North Valley counties, including Colusa and Glenn.

“You concluded that you could not do this without dividing either Vallejo or Benecia if you wanted to keep Lake County whole,” the letter stated. “You did not want to divide Vallejo or Benecia.”

Cox's letter went on to explain that the commission had asked county leaders if they would consider splitting Lake County so that Fairfield could be made whole within the Yuba district.

When Cox and Rushing appeared before the commission last week, they said the county preferred to remain whole but they offered a proposal that would have seen Lakeport, Middletown, Soda Bay, Clear Lake Riviera, Kelseyville, Upper Lake, Nice, Lucerne and Clearlake Oaks remaining with Napa, while Clearlake, Hidden Valley Lake, Lower Lake and Spring Valley would be whole within Yuba.

However, the commission never discussed that congressional districting option, which the county is asking be considered before the congressional maps are finalized.

Rushing told Lake County News in a Tuesday afternoon interview that when she spoke to the commission last week she emphasized that if Lake County wasn't kept intact it should at least be grouped with counties to the south or to the west, not to the east.

“I don't believe that this redistricting commission is really considering the interest of Lake County and the affinity of Lake County,” Rushing said.

She pointed out that the county fought long and hard to leave the North Central Counties Consortium, which had grouped it into a workforce investment area with several valley counties with which it would be grouped in the proposed congressional districting.

“We have very little in common with them other than the border in the middle of the mountains,” she said.

Lake County is both isolated and unique, and home to the headwaters for three watersheds. Rushing said Lake County has much more in common with Napa, with which it now shares a new workforce investment area, as well as the premium winegrape growing industry.

“I really dislike the idea of splitting Lake County but I think it would be better to do that than have us intact over in the valley,” she said.

Congressman Mike Thompson has indicated to county officials that if part of the county ends up in another district, he will still continue to promote all of Lake County, said Rushing.

Rushing is worried about losing Thompson as the county's representative in Congress, because she said he has been extremely responsive to the county's unique issues, from wine to geothermal- and lake-related matters.

She's going to offer her own alternative map to the commission that would have the county divided on a line that follows Highway 29 from north of Middletown up past Lower Lake, cutting across the lake to Glenhaven and then over to Clearlake Oaks and north through the mountains.

This Thursday's redistricting commission meeting will be Rushing's fourth.

At her first, in Santa Rosa on May 20, she said she was speaker No. 55 in a room lined with NAACP and the Urban League members holding signs to protect some proposed redistricting options in Southern California that they believe would disenfranchise black voters.

“We are a small blip on the radar,” she said.

This Thursday's meeting will be broadcast live on the commission's Web site from 1 p.m. to 7 p.m.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews.

On Monday, the two groups, which were joined by the cities of San Jose and Union City, filed a petition with the California Supreme Court, challenging the constitutionality of AB1x 26 and AB1x 27, the two redevelopment bills passed as part of the state budget last month and subsequently signed by Gov. Jerry Brown.

The cities of Brentwood, Oakland, Modesto, West Sacramento and Guadalupe also filed declarations in support of the lawsuit.

The suit alleges that AB1x 26 and AB1x 27 are unconstitutional, and seeks to have the court issue a stay by Aug. 15 to prevent the legislation from going into effect until the court can rule on the suit's merits.

If the bills aren't nullified, the plaintiffs claim that more than a billion dollars will be raided by the state, and thousands of jobs will be eliminated and leave many communities with no opportunities for revitalization.

“California voters overwhelmingly passed Proposition 22 just eight months ago to stop state raids, shifts and diversions of local redevelopment funds,” said Chris McKenzie, executive director, League of California Cities. “The governor and legislature have blatantly ignored the voters and violated the State Constitution. We must now go to the Supreme Court to uphold the voters’ will and the Constitution by overturning this unconstitutional legislation. We are confident the Courts will uphold the will of the voters.”

The plaintiffs are claiming that the two bills violate the constitutional amendment Proposition 22, which 61 percent of California voters approved last November.

The language of Proposition 22 said it is meant “conclusively and completely prohibit State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending, or otherwise taking or interfering with” revenue dedicated to local government.

The revenues protected by Proposition 22 specifically include the annual increments of property taxes allocated to California’s 400 redevelopment agencies, according to the plaintiffs.

AB1x 26 eliminates redevelopment agencies, while AB1x 27 allows agencies to continue to exist if they agree to pay their share of $1.7 billion this year and $400 million annually in perpetuity, according to a statement from the plaintiffs in the case.

Last week, the Lake County Board of Supervisors agreed to have staff bring back an ordinance to enter into the Voluntary Alternative Redevelopment Program created by AB1x 27. That ordinance is on the board's Tuesday agenda.

County Administrative Officer Kelly Cox, who also is the executive director of the county's redevelopment agency, said it appeared to be the only option that would allow the county's redevelopment agency to survive and to move forward on projects, which have been stopped in their tracks since the governor signed the bills last month.

Under the alternative program, Cox told the board that the Lake County Redevelopment Agency would lose an estimated $1,035,867 in fiscal year 2011-12 and $243,573 per year in future years, amounting to what he called a “very substantial reduction” in funding.

The Lakeport City Council is set to discuss its own options for saving the Lakeport Redevelopment Agency at its Tuesday night meeting.

In his report on the discussion, city Finance Manager Dan Buffalo called the payment the city would be expected to make in the alternative program a “ransom” payment, the same language that the league and the association are using to describe it.

The cities of San Jose and Union City both have made declarations to the court that they will not be able to make the required payments to avoid the elimination of their respective redevelopment agencies.

John Shirey, executive director of the California Redevelopment Association, said that since the budget bills passed, many redevelopment agencies have notified the association that they cannot afford the ransom payment and will cease to exist.

“And those agencies that are planning on making the payment tell us that it will greatly diminish their ability to pursue vital local projects. This legislation is a job-killer and an opportunity killer for many local communities in need,” he said.

Cox said the county was notified of the lawsuit. They were not asked to join, although he said Lake County could if it wanted to do so.

If the board approves the ordinance on Tuesday to enter the Voluntary Alternative Redevelopment Program, Cox said it will provide the county with the ability to get back to work on its projects, although it will have far less money available for one year under the program.

“If the stay is granted it will mean that we don’t have to make the payments to the State required by AB1x 27 and that we can continue with business as usual,” he said.

He added, “However, I don’t believe we really can or should go back to business as usual until there is a final resolution to these issues and we know what the state’s next move will be. I have a feeling they will try something else – another way to take our redevelopment agency revenues.”

In the meantime Cox thinks Lake County should take a very conservative and cautious approach in spending redevelopment agency funds.

“We’ll be slowed, but our county redevelopment agency won’t be out of business even if the CRA lawsuit fails,” he said. “We are also looking hard for supplemental grant funds to help us with some of our current and future projects.”

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews.

071811 CRA Lawsuit

The meeting will begin at 9 a.m. Tuesday, July 19, 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 10 a.m. the board will consider a proposed resolution to issue up to $4.5 million in bonds to fund the wastewater collection improvements.

In other business, at 9:45 a.m. the board will present a proclamation designating the week of July 18-24 as Invasive Weed Awareness Week in Lake County .

A scheduled hearing on the county's proposed medical marijuana dispensaries ordinance is expected to be postponed at the request of Community Development Department staff.

The follow agenda follows.

TIMED ITEMS

9 a.m.: 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.: Protest hearings for annual water standby charges and delinquent water fees in County Service Areas Nos. 2, 6, 7, 13, 16, 18, 20, 21 and 22; delinquent water fees in Kelseyville County Waterworks District #3; confirming collection of annual lighting fees in County Service Area No. 1 - Clear Lake Keys Lighting; and delinquent sewer fees in Lake County Sanitation District .

9:30 a.m.: Public hearing, 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 consideration of the Community Development Block Grant Program Annual Grantee Performance Report for Grant No. 09-EDEF-6539 .

9:45 a.m.: Presentation of proclamation designating the week of July 18-24, 2011, as Invasive Weed Awareness Week in Lake County .

10 a.m.: Consideration of proposed resolution approving, authorizing and directing execution of certain financing documents and directing certain related actions in connection with financing certain improvements to the district’s wastewater system; and consideration of proposed resolution authorizing the issuance of wastewater revenue bonds in an initial aggregate principal amount not to exceed $4,500,000 in connection with financing certain wastewater system improvements, authorizing and directing execution of an indenture of trust, an installment sale agreement and certain other documents, authorizing the negotiation for the sale of bonds, approving an official statement and authorizing other related actions .

11:30 a.m.: Assessment appeal hearing, Michael Walsh - Application No. 107-2010 - 15590 Summit Drive, Cobb (APN 051-132-030-000) .

1:30 p.m.: Public hearing – discussion/consideration of proposed ordinance amending Chapter 21 of the Lake County Code to add Article 72, “Regulations for the dispensing of medical marijuana” (Staff has requested a continuance to August 9, 2011 at 1:30 p.m.)

NONTIMED ITEMS

– Supervisors’ weekly calendar, travel and reports .

– Consideration of appointments to the following: Area 1 Developmental Disabilities Board and the Child Care Planning Council .

– Consideration of proposed ordinance electing to participate in the Voluntary Alternative Redevelopment Program, pursuant to Abx1 . Second reading.

– Closed session: Conference with labor negotiator regarding employee negotiations with the Lake County Employees Association, Lake County Deputy Sheriff's Association, Lake County Correction Officer's Association and Lake County Deputy District Attorney's Association; public employee disciplinary appeal No. EDA 2011-01.

CONSENT AGENDA

– Approve minutes of the Board of Supervisors meeting held on July 12, 2011.

– Adopt proclamation designating the week of July 18-24, 2011, as Invasive Weed Awareness Week in Lake County.

– Adopt proclamation in appreciation of all supporters, donors and volunteers of the Ely Stage Stop and Country Museum Project.

– Approve letter of support of the request of the Social Services Department to become a Peace Officers Standards and Training (POST) participating agency, and authorize the chair to sign.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews.

BOARD OF DIRECTORS, LAKE COUNTY SANITATION DISTRICT,

STATE OF CALIFORNIA

ORDINANCE NO. 2954

AN ORDINANCE AMENDING SECTION 706B OF THE SEWER USE ORDINANCE

PERTAINING TO INFLATIONARY ADJUSTMENT DETERMINED BY THE ENGINEERING NEWS RECORD-CONSTRUCTION COST INDEX

The Board of Directors of the Lake County Sanitation District, State of California, ordains as follows:

Section 1: Section 706A of the Sewer Use Ordinance is hereby amended to read as follows:

“Sec. 706A. Capacity Expansion Fee --Northwest Regional Wastewater Facility.

A Capacity Expansion Fee for connections to the Northwest Regional Wastewater Facility is hereby established, and shall apply to new units constructed on unimproved property, additions to improved property, or existing improved property where sewer was not available at the time of construction, as follows:

TYPE OF CONNECTION FEE

1. Single Family Residential Unit (includes houses, apartments, and mobilehomes.), each unit: $4,659.00

2. Residential Unit, 720 square feet or less of conditioned living space, each unit: $2,329.50

3. Retail Shops, each unit: $2,329.50

4 Motel or Hotel:

a. Rooms/Suites, each room/suite: $2,329.50

b. Manager’s Residence, each unit: $4,659.00

5. Bar and Restaurant:

a. Up to 33 Chairs: $4,659.00

b. Each additional 10 Chairs: $1,164.75

6. Professional Buildings/Office Buildings, each office/complex: $2,329.50

Each public restroom, additional: $2,329.50

7. Nursing Home, Convalescent Hospital, each bed: $1,553.00

8. Hospital, each room: $2,329.50

9. Laundromat, per machine rated at 250 gpd or equivalent $2,329.50

10. Service Station – no food service with two restrooms: $9,318.00

With fried food service, additional: $6,988.50

With non-fried food service, additional: $4,659.00

11. Seasonal Connections:

Recreational Vehicle

Parks and Campgrounds, each space/site: $1,164.75

12. When a specific connection type is not addressed, fees will be calculated on the flow data provided in an approved capacity analysis or hydraulic model on the basis of 210 gallons per day per single dwelling unit per SFD equivalent: $4,659.00

Section 2: The Special Districts Administrator shall annually increase all fees adopted pursuant to this Ordinance, by the Engineering News Record-Construction Cost Index, (ENR) and shall use the percent change of that index from January to December of each year. The Special Districts Administrator shall prepare by March 10th of each year the proposed schedule of fees for Special Districts Administration that includes the appropriate ENR increase and will ensure these accurately reflect the appropriate ENR adjustment and, if satisfied with the accuracy of the fee adjustment, shall increase fees and provide appropriate notice to the public of the increase on or before May 1st of each year. Adjustments to the fees shall be effective on July 1st of each year, beginning in 2010. The department will review annually revenues and expenditures to ensure that the fees are charged fairly and reflect the cost of the services provided. Nothing herein shall be construed as limiting the authority of the Board of Directors to consider and adopt other adjustments to said fees where such actions are appropriate for County to recover fees necessary to cover the cost of the services provided.

Section 4: All ordinances or parts of ordinances or resolutions in conflict herewith are hereby repealed to the extent of such conflict and no further.

Section 5: This Ordinance shall take effect on the 11th day of August, 2011, and before the expiration of fifteen (15) days after its passage, it shall be published at least once in a newspaper of general circulation printed and published in the County of Lake.

The foregoing Ordinance was introduced before the Board of Directors on the 28th day of June, 2011 and passed by the following vote of the 12th day of July, 2011.

AYES: Directors Smith, Rushing, Farrington, Brown and Comstock

NOES: None

ABSENT OR NOT VOTING: None

BOARD OF DIRECTORS, LAKE COUNTY SANITATION DISTRICT,

STATE OF CALIFORNIA

ORDINANCE NO. 2953

AN ORDINANCE AMENDING SECTION 706A OF THE SEWER USE ORDINANCE

PERTAINING TO SEWER SYSTEM CAPACITY FEES FOR CONNECTIONS TO THE

NORTHWEST REGIONAL WASTEWATER COLLECTION SYSTEM

The Board of Directors of the Lake County Sanitation District, State of California, ordains as follows:

Section 1: Section 706A.of the Sewer Use Ordinance is hereby amended to read as follows:

“Sec. 706A. System Capacity Fee – Northwest Regional Wastewater Collection System

A System Capacity Fee for connections to the Northwest Regional Wastewater Collection System is hereby established, and shall apply to new units constructed on unimproved property, additions to improved property, or existing improved property where sewer was not available at the time of construction, as follows:

TYPE OF CONNECTION, FEE

1. Single Family Residential Unit (includes houses, apartments, and mobilehomes.), each unit: 4,002.00

2. Residential Unit, 720 square feet or less of conditioned living space, each unit: $2,001.00

3. Retail Shops, each: $2,001.00

4 Motel or Hotel: a. Rooms/Suites, each room/suite: $2,001.00; b. Manager’s Residence, each unit: $4,002.00

5. Bar and Restaurant: a. Up to 33 Chairs: $4,002.00

b. Each additional 10 Chairs: $1,000.50

Professional Buildings/Office Buildings each office/complex: $2,001.00

Each public restroom, additional: $2,001.00

Nursing Home, Convalescent Hospital, each bed: $1,334.00

Hospital, each room: $2,001.00

6. Laundromat, per machine rated at 250 gpd or equivalent: $2,001.00

7. Service Station – no food service, with two restrooms: $8,004.00

With fried food service, additional: $6,003.00

With non-fried food service, additional: $4,002.00

8. Seasonal Connections:

Recreational Vehicle

Parks and Campgrounds, each space/site: $1,000.50

9. When a specific connection type is not addressed, fees will be calculated on the flow data provided in an approved capacity analysis or hydraulic model on the basis of 210 gallons per day per single dwelling unit per SFD equivalent: $4,002.00

Section 2: The Special Districts Administrator shall annually increase all fees adopted pursuant to this Ordinance, by the Engineering New Record-Construction Cost Index, (ENR) and shall use the percent change of that index from January to December of each year. The Special Districts Administrator shall prepare by March 10th of each year the proposed schedule of fees for Special Districts Administration that includes the appropriate ENR increase and will ensure these accurately reflect the appropriate ENR adjustment and, if satisfied with the accuracy of the fee adjustment, shall increase fees and provide appropriate notice to the public of the increase on or before May 1st of each year. Adjustments to the fees shall be effective on July 1st of each year, beginning in 2012. The department will review annually revenues and expenditures to ensure that the fees are charged fairly and reflect the cost of the services provided. Nothing herein shall be construed as limiting the authority of the Board of Directors to consider and adopt other adjustments to said fees where such actions are appropriate for County to recover fees necessary to cover the cost of the services provided.

Section 3: All ordinances or parts of ordinances or resolutions in conflict herewith are hereby repealed to the extent of such conflict and no further.

Section 4: This Ordinance shall take effect on the 11th day of August, 2011, and before the expiration of fifteen (15) days after its passage, it shall be published at least once in a newspaper of general circulation printed and published in the County of Lake.

The foregoing Ordinance was introduced before the Board of Directors on the 28th day of June, 2011 and passed by the following vote on the 12th day of July, 2011.

AYES: Directors Smith, Rushing, Farrington, Brown and Comstock

NOES: None

ABSENT OR NOT VOTING: None

The meeting lasted approximately 18 minutes. Vice Mayor Joey Luiz was absent.

The council met in closed session at 5 p.m. to discuss a city administrator appointment, but in open session had no new action to report.

Mayor Joyce Overton told Lake County News after the meeting that background checks and negotiations are still under way with candidates for the city administrator job, last held on a full-time, permanent basis by Dale Neiman, who left last November.

“We haven't actually confirmed anybody yet,” she said.

Steve Albright, the city's interim city administrator, left early last month after an offer had been made and accepted by Tully Clifford, who later turned the offer down.

The medical marijuana dispensaries ordinance was included in the consent agenda, which consists of items not considered controversial which are accepted with a single motion. It has been through several previous hearings between both the council and the city's planning commission.

In other business, at staff's suggestion the council turned down the proposed donation of a 2,500-square-foot, unbuildable lot at 16544 Third Ave., which Celia DuBose had offered the city.

City Clerk Melissa Swanson told the council that she had suggested to DuBose that she contact the property owner who owns land on both side of the parcel, which Swanson said is only half the required size for building.

The council also appointed Overton its voting delegate to the League of California Cities' September conference.

Discussion of the redevelopment agency's proposed purchase of a property at 13981 Morgan Ave. was taken off the agenda but is expected to be brought back at a future meeting, Overton said.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews.