The council will meet for a closed session at 5 p.m. Thursday, July 14, before the regular meeting starts at 6 p.m. in the council chambers at Clearlake City Hall, 14050 Olympic Drive.

The full agenda and all staff reports for the meeting can be found at Lake County News' Scribd account, www.scribd.com/LakeCoNews.

The topic of the closed session will be further discussion on appointing a new city administrator.

City Clerk Melissa Swanson said the council will be considering an appointment to the job, which last month the city had offered to Tully Clifford. Clifford initially accepted then turned down the offer.

Swanson said City Engineer Bob Galusha is filling the job on an interim basis. Earlier this year he also acted in the same capacity, as Lake County News has reported.

In open session, the council will look at an offer made by Celia DuBose to donate to the city a vacant 25-foot by 100-foot lot at 16544 Third Ave. that belonged to her recently deceased parents, Dorothy and Francis DuBose. The lot is considered to be “without buildable potential,” according to a report to the council from Swanson.

The council also will discuss a proposed redevelopment agency purchase of 13981 Morgan Ave., a substandard property where the city authorized demolition of a dilapidated mobile home and outbuildings last year, according to a report from Swanson.

The property's owner, Shandor Szentkuti, filed a claim against the city on March 9 for $150,000, stating he was not properly notified of the abatement, Swanson reported.

According to the report, in closed session the council – acting as the redevelopment agency board – authorized agency Executive Director Steve Albright to negotiate a property purchase for $74,750, which was the property's value at demolition. Szentkuti has agreed to sell the agency his property and settle the claim.

The agency is proposing to improve the property and offer it under the city's first-time homebuyer program, Swanson reported.

At the Thursday meeting the council also will consider designating voting delegates and alternates for the League of California Cities' annual conference in September.

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.

The roadway will be closed from 7 a.m. to 4:30 p.m., Public Works reported.

Detours will be available.

For more information call Lakeport Public Works at 707-263-0751.

The Lakeport Police Officers Association, along with Operating Engineers Local Union No. 3 – of which the association is a member – filed the suit against the city and the Lakeport City Council in Lake County Superior Court on June 1.

“It's straightforward and simple, they're trying to enforce the terms of their labor agreement with the city,” said Joseph Rose of the Rose Law Firm, who is representing the police and Operating Engineers.

In addition to being filed with the court, Rose said the suit also has been served on Lakeport City Attorney Steve Brookes.

Rose said the city has not yet answered the suit, which Brookes confirmed, noting a full response is due in a few weeks.

Brookes said he and Rose have begun a dialog on the case. He said he couldn't discuss many details about the case currently, but said more information would be forthcoming at a later time.

Norman Taylor, president of the Lakeport Police Officers Association, declined to discuss the case's specifics.

However, he referred back to a statement he issued last October in which he said the city had broken its promises to its police officers, and that failure to uphold the terms of the contract it signed with the association was “both unethical and illegal.”

The suit alleges that, based on the terms of a memorandum of understanding between the police officers association and the city that was approved by the Lakeport City Council on Feb. 7, 2006, the city agreed to provide an improved retirement formula of 3 percent a 50 – up from 2 percent at 50 – for officers effective Aug. 2, 2010.

The 3 percent at 50 formula would give officers the ability to retire, starting at age 50, with a benefit value of 3 percent for every year of service. For example, an officer with 30 years of service would, upon retirement, receive 90 percent of his or her salary.

In exchange for that improved retirement, the police officers association offered concessions, including forfeiture of a 1 percent wage increase in each of four years beginning in 2007, court documents state.

On July 20, 2010, the Lakeport City Council discussed the retirement plan changes in preparation for taking action in compliance with the agreement. However, the council couldn't come to a vote on the plan. The council then held a special meeting the following week at which it voted 3-2 to approve the retirement package, as Lake County News has reported.

However, when the retirement package went back to the council on Aug. 17, 2010 – for a public hearing on the ordinance necessary to amend the contract between the city and CalPERS and finalize the retirement changes – the council voted it down, justifying the move by citing the city's financial challenges.

The suit states that the union demanded the city perform on its 2006 promise to upgrade the retirement plan in separate letters dated Sept. 2, 2010, and this past April 26.

“Despite these demands, the city still refuses to perform as promised,” the suit states. “The union's informal efforts at resolving this dispute having been exhausted unsuccessfully, this petition ensued.”

Since the suit was filed last month, the Lakeport City Council has already had two closed session discussions on the matter, said Brookes, adding he expects to discuss the matter with Rose further this coming week.

Rose said the next step is for the city to answer or respond to the complaint, either admitting or denying the allegations. At that point, the court would set a settlement conference.

As to how long it could take to settle the suit, Rose estimated no less than six months.

“This is not a whodunit or anything. Most of the factual issues are not in dispute,” he said, explaining that will help shorten the time in which the case is resolved.

At the same time, the police officers association's contract with the city expired last December and, so far, there has been one initial meet and confer session to set ground rules for negotiations, as well as some correspondence, said Brookes.

He said the suit and negotiations are separate and distinct processes, with negotiations not relying on the suit to be settled before moving forward. Brookes said he expects labor negotiations to be on the council's next agenda.

Mike Minton, a representative for the Operating Engineers, said the city's police officers will continue to work under the terms of the old memorandum of understanding until a new one is reached.

“We're just in a holding pattern right now,” he said.

During discussions about the retirement package at the council's meeting on July 20, 2010, City Manager Margaret Silveira had suggested to the council that the city could implement a two-tier retirement system for its police officers, with newer hires not being eligible for the 3 percent at 50 plan.

So far, that matter hasn't been discussed in new contract negotiations, said Minton.

He said the association realizes that it will need to make further concessions, and indicated that if the city was willing to fulfill the 3 percent at 50 promise from the 2006 agreement that it would be willing to discuss different terms for new hires.

However, he said the union isn't willing to take any actual action on different retirement terms for new hires until the lawsuit is settled.

He said the city also has indicated that it has a deficit, but hasn't responded to the union's requests for more information on the deficit, including what the association's fair share of that deficit totals and city savings on current police vacancies.

Minton indicated that the association is considering another lawsuit against the city over its unilateral decision to get ride of a take home car policy for officers, which he said benefits both the city and the employees.

While that policy isn't in the officers' contract, the city has allowed it for about 20 years, making it a past practice which has to be the subject of the meet and confer process, said Minton.

“We're not opposed to discussing it and finding what other options are out there,” said Minton, adding that if the city had played by the rules the union would have been willing to offer that as a concession.

Despite the suit and the ongoing contract negotiations, Brookes said the city's police officers are continuing their work to keep the city safe.

“The rank and file continues to do a very good job for the citizens of Lakeport as evidenced by the Fourth of July,” he said. “So the working relationship is very, very good. We appreciate that from a management standpoint.”

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 .

The meeting will begin at 9 a.m. Tuesday, July 12, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.

In an untimed item, the board will consider a proposed ordinance electing to participate in the Voluntary Alternative Redevelopment Program, pursuant to ABx1 27.

According to a report to the board from County Administrative Officer Kelly Cox, who also serves as executive director of the Lake County Redevelopment Agency, Abx1 26 eliminates redevelopment agencies statewide effective Oct. 1, while Abx1 27 provides local governments with the option of continuing redevelopment through the Voluntary Alternative Redevelopment Program.

Cox said the agencies that do participate in the program will lose most of their funding for the current year and see a “very substantial reduction in funding during all future years.”

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, Cox reported.

The county, Cox said, will be required to make payments to schools and a Special District Allocation Fund, and be able to obtain full reimbursement for those payments from the county redevelopment agency's tax increment revenue, which is the money generated from improving property tax values in the redevelopment area.

The California Redevelopment Association has said it intends to sue the state over the redevelopment bills – alleging that the bills violate Proposition 22, passed by voters last November to prohibit the state from borrowing or taking redevelopment, transportation or local government project funds.

Even so, Cox said county administrative staff is drafting an ordinance to join the program, which the county has to opt into by Oct. 1.

Because of the new laws, redevelopment agency activities are frozen, Cox said. If an ordinance were accepted, it would allow the agency to move forward at a reduced activity level, but since the ordinance cannot take effect until 30 days after passage, the agency wouldn't be back in action until mid to late August.

“Given the lack of any other reasonable option at this time, staff recommends that your Board proceed with adoption of an ordinance to participate in the Voluntary Alternative Redevelopment Program,” Cox said in his report.

In other board business Tuesday, at 10:45 a.m. the Redwood Empire Food Bank will make a presentation on the food insecurity issues that have arisen in the county following the recent closure of Lake County Community Action Agency .

At 11 a.m. the supervisors will consider a bid award for the Middletown Senior Center and Library Project.

Of the five bids that were submitted for the project, the lowest – from R.E. West Construction of Santa Rosa – came in at $3,680,304. A report to the board from Jeff Rein of the County Administration Office said staff had hoped the bid would not exceed $2,740,000, “and certainly did not expect the low bid to exceed the $3,052,083 construction estimate submitted by the architect.”

The board will look at alternatives to awarding the bid in order to reduce project costs, including contracting directly with each trade contractor and a design-build arrangement in which the county could contract with a single firm to both design and construct the project.

Under untimed items, the board will hold a second reading on a proposed ordinance to increase sewer system capacity fees for connections for the Northwest Regional Wastewater Collection System as well as hold a second reading on increased gate fees to be charged to Lakeport Disposal at the Eastlake Landfill for solid waste disposal.

At 11:30 a.m. the board will hold a closed session to interviews candidates for the Public Services director position, currently held by Kim Clymire, who is retiring this fall.

The board also will hold an untimed closed session to discuss labor negotiation with the Lake County Employees Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officer's Association and the Lake County Deputy District Attorneys Association; hear a public employee disciplinary appeal; and discuss a case of existing litigation, Estate of Hatfield v. County of Lake, et al.

A full 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).

10 a.m.: Hearing – summary abatement of 12620 Maple Lane, Loch Lomond, CA (APN 050-591-06 - Michael Williams and Kathryn Williams) .

10:15 a.m.: Discussion/consideration of request from Mark and Debra Watson and Ron Rose for assistance in opening a drive-thru coffee kiosk at 2598 S. Main Street, Lakeport (APN 008-001-01).

10:30 a.m.: Discussion/consideration of complaint from Gene Renner regarding illegal signage at the corner of State Highway 29 and Hartmann Road .

10:45 a.m.: Presentation of issues surrounding food insecurity due to the recent closure of Lake County Community Action Agency .

11 a.m.: Consideration of Bid Award for Bid No. 11-02, Middletown Senior Center and Library Project, and consideration of alternatives to awarding bid in order to reduce project costs .

11:30 a.m.: Closed session, interviews of candidates for Public Services director.

1:30 p.m. Assessment appeal hearing: Darron Jordan – Application Nos. 267-2009 and 130-2010 – 1279 Craig Ave., Lakeport (APN 990-057-303-000 and 025-441-380-000) .

NONTIMED ITEMS

– Consideration of proposed ordinance electing to participate in the Voluntary Alternative Redevelopment Program, pursuant to ABx1 27 Advanced from June 28, 2011 .

– Second reading, advanced from June 28: Discussion/consideration of proposed ordinance amending Section 706A of the Sewer Use Ordinance pertaining to sewer system capacity fees for connections to the Northwest Regional Wastewater Collection System; and discussion/consideration of proposed ordinance amending Section 706B of the Sewer Use Ordinance pertaining to inflationary adjustment determined by the Engineering News Record-Construction Cost Index.

– Second reading, advanced from June 28: Discussion/consideration of proposed ordinance amending gate fees to be charged to Lakeport Disposal at the Eastlake Landfill for solid waste disposal.

– Carried over from June 28: Update on the 2011 road maintenance and improvement projects .

– Discussion/consideration of proposed agreement between the county of Lake and Archaeological Services Inc. for archaeological services for the Clearlake Oaks Safe Routes to School Project in the amount of $52,000 .

CONSENT AGENDA

– Approve minutes of the Board of Supervisors meeting held on June 28, 2011.

– Adopt Resolution approving Agreement #10-0119-SF with the state of California, Department of Food and Agriculture and authorizing execution and signature for Pest Detection/EGVM Activities from Feb. 1, 2011 through June 30, 2011.

– Approve Amendment No. 1 to agreement between the county of Lake and Ferrell Gas, for the supply of propane fuel (extending the contract through June 30, 2013) and authorize the chair to sign.

– Approve biennial audit of the Lower Lake Cemetery District beginning with fiscal year 2012, pursuant to district’s approval on May 18, 2011.

– Approve agreement between the county of Lake and Crestwood Behavioral Health Inc. for fiscal year 2011-12 adult residential support and mental health services, for a maximum amount of $170,000, and authorize the chair to sign.

– Approve agreement between the county of Lake and Konocti Senior Support Inc. for fiscal year 2011-12 senior peer counseling and Friendly Visitors Program, for a maximum amount of $76,000, and authorize the chair to sign.

– Approve agreement between the county of Lake and Excelsior Youth Center for fiscal year 2010-11 specialty mental health services, in an amount not to exceed $44,138, and authorize the chair to sign.

– Approve agreement between the county of Lake and the Ford Street Project Residential and Social Model Detoxification Services for fiscal year 2011-12 residential treatment and social model alcohol and drug detoxification services, in an amount not to exceed $15,000, and authorize the chair to sign.

– Approve agreement between the county of Lake and Hilltop Recovery Services for fiscal year 2011-12 specialty mental health services, in an amount not to exceed $15,000, and authorize the chair to sign.

– Approve agreement between the county of Lake and Jeri E. Owens, MD, for fiscal year 2011-12 specialty mental health services, in an amount not to exceed $250,000, and authorize the chair to sign.

– Approve agreement between the county of Lake and Sten-Tel Transcription Services for fiscal year 2011-12 transcription services, in an amount not to exceed $15,000, and authorize the chair to sign.

– Waive Travel Policy requirements and approve payment of late travel claims submitted by Josey Sinclair, per the chief probation officer’s memorandum dated June 16, 2011.

– Approve agreement between the county of Lake and the county of Del Norte for fiscal year 2011-12 Bar-O-Boys Ranch Placement, in the amount of $36,900, and authorize the chair to sign.

– Approve lease agreement between the county of Lake and Gary Weiser and Shelley Weiser for office space at 4477 Moss Ave., Unit C, for a term to expire June 30, 2014 (monthly fees of $1077.12 for rent, and $47.50 for water and sewer), and authorize the chair to sign.

– Approve agreement between the county of Lake and Adams Ashby Group for administrative subcontractor housing services, for fiscal years 2011-14, in an amount not to exceed amounts allowed by the Department of Housing and Community Development, 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 .

071211 Lake County Board of Supervisors Agenda

The following positions are available.

– Animal Control Advisory Board: One vacancy, Supervisorial District 2.

– Area 1 Developmental Disabilities Board: Two vacancies for persons with disabilities or the parents or guardians of individuals with disabilities.

– Big Valley Groundwater Management Zone Commission: Three vacancies, one in member at-large, two in water districts category.

– Building Board of Appeals: Two vacancies, Supervisorial Districts 1 and 2.

– Child Care Planning and Development Council: Two vacancies in the consumer category.

– Clear Lake Advisory Committee: One vacancy in the fishery category.

– Countywide Parks and Recreation Advisory Committee: One vacancy, Supervisorial District 3.

– Emergency Medical Care Committee: Six vacancies, one in the community college district category, one emergency room-affiliated medical care coordinator, one paramedic representative, one private ambulance company, two in the consumer-interested group category.

– Fish and Wildlife Advisory Committee: One vacancy in the wildlife/conservation industry.

– Heritage Commission: Two vacancies, Supervisorial Districts 2 and 5.

– IHSS Advisory Committee: Five vacancies, two in the senior consumer category, two in disabled consumer, one in disabled community member.

– Mental Health Advisory Board: Three vacancies.

– Section 8 Resident Advisory Board: Two vacancies.

– Hartley Cemetery District: One vacancy.

– Upper Lake Cemetery Board: One vacancy.

Other advisory board seats may currently be vacant. For a comprehensive list, please see the posted roster outside the Clerk of the Board Office.

An application form can be downloaded at the bottom of this page.

Applications also are available online at www.co.lake.ca.us, or at the Lake County Courthouse, Clerk of the Board’s Office, Room 109, 255 N. Forbes St., Lakeport.

For more information regarding a vacancy on one of these advisory boards, please contact the Clerk of the Board at 707-263-2371.

All memberships on the above referenced advisory boards are voluntary.

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.

Lake County Advisory Board Application

LAKEPORT, Calif. – The city of Lakeport has for sale a 1,296 square foot, fully rehabilitated two bedroom, two bath manufactured home in Lakeport Lagoons Mobilehome Park.

Persons qualifying as “low income” would have the payment deferred for 30 years at 2 percent interest. Persons qualifying as “moderate income” would have low monthly payments.

Features include a washer and dryer hookup, refrigerator, stove, dishwasher, garbage disposal, eat-in kitchen, all new dual-pane windows and doors, Cadillac 30-year roof, carport and shed.

Space rent is $600 a month plus utilities. The mobile home park, which is a senior park (55 and over), requires residents to have a minimum monthly income of $1,800 and a credit score of 650.

Call Trisha Franco at 707-263-5613, Extension 25.