Local Government

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The new Clearlake City Council, with members Jeri Spittler (far left on dais) and Joe Luiz (second from right), after Spittler and Luiz were sworn in on Thursday, December 9, 2010. Photo by Elizabeth Larson.


 


 

CLEARLAKE, Calif. – More than 100 people crowded into the Clearlake City Council chambers Thursday night to witness a changing of the guard on the council.


The council's meeting, which ran just over an hour, including wrapping up some city business and offering thanks to city employees for their efforts this year before offering goodbyes to retiring Councilmen Roy Simons and Chuck Leonard.


But it was the swearing in toward the meeting's end of Jeri Spittler and Joey Luiz that appeared to have drawn most of the people in the room.


Spittler and Luiz led a field of nine candidates in the Nov. 2 general election. Spittler received 1,038 votes, or 20.1 percent, and Luiz took 873 ballots, or 16.9 percent.


Among those in the crowd were District Attorney-Elect Don Anderson; Jim Comstock, Jeff Smith, Anthony Farrington and Denise Rushing of the county Board of Supervisors; retired county Supervisor Ed Robey; and retired Judge Richard Freeborn.


“Tonight will be about appreciation, goodbyes and new beginnings,” said Mayor Judy Thein.


During the first half of the meeting, Thein offered certificates of appreciation and thanks to city employees in various departments, including city hall administrative staff, public works and the police department.


“They've been asked to do more with fewer resources,” she said. “They never complained.”

 

 

 

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Mayor Judy Thein reads a certificate of appreciate to the Clearlake Police Department on Thursday, December 9, 2010. Photo by Elizabeth Larson.
 

 

 


Thein said the city's employees are “the best of the best.”


Public Works Director Doug Herren, in receiving a certificate on behalf of his staff, said he has four staffers who maintain 150 miles of city streets. “I'm not the one that deserve credit, they do.”


City Clerk Melissa Swanson received the certificate on behalf of city hall staff, noting they all work very hard to provide the same level of service with many fewer employees.


Allan McClain, the retiring police chief and the interim city administrator, accepted the certificate for his staff, telling the audience, “They work very hard to try to ensure that what you folks need is provided.”


He said it's been a tough year, with cuts in staff and resources. The department is like family, he said. “When we lose somebody, it touches us deeply.”


Thein then called Simons and Leonard forward to thank them.


She said Simons has given them “a wild and colorful ride” for four years.


“I'll just apologize by saying, 'I won't do it again,'” Simons quipped.


He said it has been an experience serving, and there have been tough times. But he added, “Times will get better.”


Referring to Spittler and Luiz, he said the two new council members “look like they're eager to make it go,” and he wished them all the luck in the world.


“Chuck and I are goin' fishin',” he said.

 

 

 

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Retiring Councilman Roy Simons says his goodbyes as Mayor Judy Thein and fellow retiring Councilman Chuck Leonard look on at the Clearlake Citiy Council's meeting on Thursday, December 9, 2010. Photo by Elizabeth Larson.
 

 

 


Thein then thanked Leonard, who she said had taken the high road and worked hard on behalf of the city.


He thanked the city's employees for their work and his wife for her support of him for 42 years.


Thein then presented a plaque to Vice Mayor Joyce Overton, who made her way to the podium on crutches due to an injured foot.


Overton thanked the community for the opportunity to sit on the council. She said she thinks they'll be seeing some moving and shaking with the addition of Spittler and Luiz.


“I look forward to the next two years that I get to serve,” she said.


Overton presented Thein with a plaque thanking her for her third year as mayor. “She's really put a lot into working int the community,” Overton said.


Thein said the mayor's job is a full-time commitment, but it brings with it many special rewards, including friendships.


She also offered a plaque of appreciation to McClain, whose retirement becomes effective Dec. 31 after three and a half years with the city.


Thein told McClain, “Not every chief could have done what you could,” explaining he worked with virtually no money due to budget constraints and stood strong in the face of criticism.


He was active in the community, kept an open door policy to everyone and helped build Team DUI, which teaches young people about the dangers of drinking and driving. Thein wished him and his wife a happy retirement in Hawaii.


“It's been my greatest honor and pleasure to serve the people of Clearlake,” said McClain.


“As a community we have not always agreed about the direction we took,” he said, adding he always did what he thought was right, because his father raised him to stand by his beliefs.


Just because you don't agree with someone doesn't mean you can't work with them, he said.


“I believe as a community that is where we are at,” said McClain, explaining that they have to find common ground in order to arrive at where they want to be in the future.


The department made mistakes in the past, and those proved his biggest hurdle, as McClain said people tended to point backward rather than forward.


He said he hoped the new council would be able to take the community where it wanted to be, because he said Clearlake has potential to be a great community and a great place to raise children.


“All we need is the direction and the leadership to get us there, and we can make it,” he said.


He also asked the community to give the council the time and the direction to get the city there.


McClain then thanked his wife and family for supporting his 30-year career.


Following the presentations, the council received public comment from several community members, including some who congratulated the new council members.


City resident Janice Cooper spoke to the council to introduce them to a new group called Citizens for the Prosperous Growth of Clearlake. She extended her congratulations to the new council members and thanks to those who were retiring.

 

 

 

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Newly sworn Clearlake City Council member Jeri Spittler signs her oath of office as Clearlake City Clerk Melissa Swanson looks on at the council's meeting on Thursday, December 9, 2010. Photo by Elizabeth Larson.
 

 

 

 


The group's goal, Cooper said, is to support the council's efforts to lead the city into prosperity. She stated that creating jobs and revenue, and preventing retail leakage through the development of a regional shopping center will achieve that goal of the city being successful.


Attorney Robert Riggs urged the council to hold a Brown Act workshop for its members and for the public, noting that he's asked County Counsel Anita Grant if she would be willing to lead it, and she said yes. The county would have to charge $100 so that her help wouldn't be a gift of public funds, but Riggs said several community members have offered to cover the cost.


During the brief consent calendar discussion, Leonard found a mistake in the minutes for a meeting.


“What am I going to do without you?” Swanson asked. She also asked if he would come proofread her work after he retires.


After approving the consent agenda Simons and Leonard stepped down from their chairs.


Swanson then stood by as Spittler and Luiz took their oaths and were seated on the dais.

 

 

 

 

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Clearlake City Clerk Melissa Swanson watches as newly sworn Clearlake City Council member Joey Luiz signs his oath of office on Thursday, December 9, 2010. Photo by Elizabeth Larson.
 

 

 


During the council reorganization, Luiz nominated Overton to be mayor. No other nominations for the spot were offered, and the motion was approved 3-2, with Thein and Giambruno voting no.


Overton nominated Luiz for vice mayor. Again, there was no competing nomination, and the motion was approved 3-2, with Thein and Giambruno voting no.


Council members gave brief reports before adjourning into closed session to discuss appointments to the police chief and interim city administrator jobs.


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 Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .





LAKEPORT, Calif. – At its Tuesday meeting the Lakeport City Council approved several requests from the city's acting police chief, among them resolutions to appoint designated level one reserve officers and the lifting of the hiring freeze to allow the hiring of a police officer for a grant-funded position.


Interim Chief Brad Rasmussen made the presentation to the newly seated council, including new Council members Stacey Mattina and Tom Engstrom. Engstrom is the retired city police chief and formerly Rasmussen's boss.


Rasmussen asked the council to adopt two resolutions – one to authorize the job description and salary

range for a “designated” level one reserve officer, and the second to authorize the position of designated level one reserve officer within the police department.


He explained that a designated level one reserve officer can only be appointed if it's authorized under a city council resolution, which the city didn't have at that point.


Such designated level one reserves have the same duties and powers of full-time peace officers at all times – even when not on duty – and can work shifts alone, unsupervised, according to Rasmussen.


Without the resolution, the city could still appoint level one, two and three reserve officers under the auspices of the California Penal Code, Rasmussen said. Reserves in those levels only have peace officer powers when on duty.


At this time, the city has one designated level one reserve officer going through field training, Rasmussen said.


Having the ability to add the designated reserve level would help out the police department, as Rasmussen noted the Lakeport Police Department is dealing with staffing shortages.


Councilman Bob Rumfelt asked about the $19.75 to $25.23 an hour salary range, which is the same as for a level one police officer. Rasmussen said the new reserve officer coming on is brand new, but they may draw more experienced candidates and want to be able to offer higher salaries, thus the range.


When it came time to hire, Rasmussen said City Manager Margaret Silveira would present funding options. He noted that the funding is already in the budget, and that the reserve would have sporadic hours and, at other times, wouldn't work at all.


Rumfelt was concerned about having a way to designate who gets which level in the salary range, and Rasmussen said they could set up more specific criteria.


Engstrom told Rasmussen, “I know you need it,” adding, “Up until recently there were 10 of you, and one quit.” As well, one officer now is on extended leave.


Rasmussen acknowledged that having the designated level one reserve available would help the department survive its staffing issues through the remainder of the fiscal year. Hiring the reserves is a quicker process, with the department able to have the necessary backgrounds completed by year's end.


Engstrom moved to approve both resolutions, with the council approving each 5-0.


Rasmussen also asked for, and received, the council's support for receiving and allocating Supplemental Law Enforcement Services Funds for the current fiscal year and adopting the necessary resolution.


The state funds provide a normal allocation to Lakeport of $100,000 annually, although Rasmussen said the actual amount for this year hasn't been determined.


There was no comment during the brief public hearing, and Engstrom moved to approve the resolution, which Mattina seconded and the council approved 5-0.


Last on Rasmussen's to-do list at the council was seeking an exemption to the city's hiring freeze with regard to a recently open police officer position that resulted from a Dec. 1 resignation.


The position is funded by a US Department of Justice Cops Hiring and Recovery Program grant. Rasmussen said the grant still has two and a half years of salary and benefits coverage remaining.


Being able to hire a new officer is critical for the department, with staffing levels falling from 13 to 11 over the last 18 months because of lower city revenue.


Since the start of the fiscal year, the department's staffing has fallen further, with Rasmussen filling both his lieutenant's job and the chief's job with the departure of Kevin Burke. Then came the recent resignation.


Rasmussen's report explained that the department has made adjustments including workload increases on existing staff, and using volunteers, part-time peace officers and reserve officers in order to avoid reductions in service to the community. Without being able to rehire the position, cuts and reductions in services were likely.


“We do need that position to carry out our mission and function as a police department,” he told the council.


Rumfelt moved to authorize the exemption, which Councilman Roy Parmentier seconded. The council approved the motion 5-0.


Rasmussen told the council the police department only intends to hire academy graduates or lateral transfers, which will save the city from having to cover the costs of the academy.


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 Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

LAKEPORT, Calif. – The Board of Supervisors on Tuesday decided to convene the county's facilities committee to consider the options for a new building for the Lake County Air Quality Management District.


Pollution Control Officer Doug Gearhart went to the board to ask for support for a property purchase in downtown Lakeport.


Gearhart said the district was looking at a property located at 1101 N. Main St., which belongs to Realtor Lowell Grant. The district currently is located at 885 Lakeport Blvd.


He said it's estimated to cost $1.2 million to build the air quality district a brand new building to serve it over the next to 10 to 20 years, while in the current economic climate it's possible to purchase a building for much less.


Gearhart said they've looked at a lot of properties and Grant's building “is the best option we've seen at the moment.” He wanted to know if the board thought it was an option worth pursuing.


Supervisor Rob Brown said vetting properties is the job of the county's facilities committee, which he said hasn't met in a while but should convene to discuss the proposal.


Brown suggested that there may be some movements of other departments in relation to the new courthouse that is going to be built over the next several years in Lakeport. That may free up some options for the air district, preventing it from having to make a purchase, he said.


Board Chair Anthony Farrington asked Gearhart about the funding source for the project.


Gearhart said that over the last 15 years the district has been saving up the funds in a building reserve with the intent of constructing its own separate building. Currently the district pays the county rent for its space on Lakeport Boulevard.


The district has been in its current location for 20 to 25 years with no expansion of space while, at the same time, the district's duties have significantly expanded.


Brown said a facilities committee meeting should be set up to start discussing the matter. He said the group met about six months ago to discuss spaces in the courthouse for public defenders.


He said the matter “is a good reason for us to reactivate.”


Supervisor Denise Rushing asked if the district needed to be located in Lakeport. Gearhart said they're not required to be there, but they want to be close to a monitoring station located in the city.


County Administrative Officer Kelly Cox told the board that if the air district hadn't set the funds aside into reserve funds like the one being used for the building project, the district would have lost state subventions.


Rushing said she would like to see the facilities committee come up with operating principals about building versus buying a new location. Cox said it was a good idea, and hasn't been done before.


Rushing added that she also wanted the committee to consider lifecycle costs for energy use in such projects.


“That we have been doing,” said Brown, saying the practice has been in place since the county built its new animal shelter and dispatch center.


Gearhart said the district looked at Grant's building because it's newer, has high efficiency insulation and other features. He said that if they purchased it, the district hoped to have enough funds to immediately install solar equipment on the building.


Farrington said he didn't have a problem with reactivating the committee, and asked if the group should look at the Mental Health Department's space concerns. Brown said the committee doesn't deal with rented space, as is the case with Mental Health.


Gearhart said that because Air Quality Management is a special district, the funds used for the project would not be county funds.


Farrington said Gearhart had consensus to go before the committee with the proposal. Brown said he would e-mail Public Services Director Kim Clymire about setting up a meeting.


During public comment, Betsy Cawn questioned if it was a conflict for the district to consider purchasing a property owned by a former district employee.


Cox said Grant worked for the district a long time ago, but Gearhart said Grant is still listed as an extra help employee.


“That was nothing I was aware of,” said Brown, who added he was glad it was disclosed.


However, Brown said it had less to do with Grant and more to do with the best use of county facilities.


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 Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

LAKEPORT, Calif. – Lake County's outgoing district attorney asked for the Board of Supervisors' approval on Tuesday of the removal of the “at risk” designation from one of his department's jobs in order to make room for a senior staffer.


Jon Hopkins, with District Attorney-Elect Don Anderson seated beside him and offering his support, asked the board to allow him to fill a 14th deputy district attorney slot, as his current chief deputy district attorney, Richard Hinchcliff, wants to take that job.


“The request does not involve any additional funding,” Hopkins said.


Hinchcliff, 52, has been with the District Attorney's Office since then-District Attorney Stephen Hedstrom hired him in 1995.


He's known for handling particularly difficult homicide cases, such as the Diedre Coleman and Leah Leister murder cases, which took four and five years, respectively, to prosecute due to their complexity. Hinchcliff won guilty verdicts in both.


Hopkins said when Dan Hurst, one of his deputy district attorneys, left to accept the chief probation officer position, he was not aware that the “at risk” designation would automatically eliminate the position. He said he thought the designation was a way to let department heads know the position was in danger if the county ran short of money.


He asked the board to remove that designation so he could once again fill the job.


“The specific reason for that is so that I can grant the request of my chief deputy to move into a civil service protected position at this time,” said Hopkins.


County Administrative Officer Kelly Cox told Hopkins that the county doesn't have civil service positions, but they do have represented classifications, which are not at will.


Hopkins said when he hired Hinchcliff as his chief deputy, it was represented that the job was not to be at will, “and now it is.”


By allowing Hinchcliff to take the senior deputy district attorney job instead, Hopkins said, “That would allow the incoming district attorney to make a determination through the promotion or recruitment process who would be the chief deputy.”


He added that it also would mean that Hinchcliff – one of the “most conscientious and committed public servants in Lake County” – would be in a protected position.


Supervisor Denise Rushing asked Cox what happens when at risk positions lose that designation.


“We're still recommending another position be eliminated in the District Attorney's Office,” said Cox.


Cox said that Hinchcliff wasn't at risk, and he was taking a voluntary demotion which will place another employee at risk. “This is a very unusual situation and it's a difficult situation.”


He said he spoke to Anderson regarding the objective of reducing staffing, and that Anderson had expressed his willingness to make a commitment to not fill the department's next vacancy in order to reach the budget goal of reducing ongoing expenditures.


Cox said Anderson had no plans whatsoever to use his authority to terminate Hinchcliff. “It was never even under consideration.”


Anderson stated in a public debate this fall and in a Lake County News interview immediately following the Nov. 2 election that he was looking forward to working with Hinchcliff.


Board Chair Anthony Farrington, noting he wanted to meet everyone's needs, asked Anderson for his input.


Anderson said he supported the proposal. “The last thing I want to do is lose the current chief deputy,” he said, calling Hinchcliff “a great asset.”


He added, “I haven't made a decision who the chief deputy will be. That decision won't be made for some time.”


Anderson said he felt it was nevertheless important to protect Hinchcliff's position with the District Attorney's Office.


Hopkins said if Hinchcliff were to be chosen chief deputy going forward, removing the at risk designation from the 14th position wouldn't create another position, because the funding isn't there.


He added that if the county comes up very short financially the at risk designation wouldn't matter, as cuts would still have to be made.


“That's true,” replied Cox.


If the board approved Hopkins' request, Cox said he was going to refrain from putting the at risk designation on another job. “I don't want to play around with another employee's life,” he said, adding that woman whose job would be next in line for the designation is a great employee.


Hopkins told the board, “I feel that I owe it to my long-term, highly committed employee to go along with his request,” adding that it will be up to Anderson to make the decisions about who will fill which slots.


“I think we understand your motives and intentions and respect and appreciate them,” Farrington said.


Reiterating that he'd not yet settled on a chief deputy candidate, Anderson said the candidate could come from within the department, or from the outside.


Cox said it's his understanding that if the candidate comes from the outside, the next position to open within the District Attorney's Office will be eliminated.


“I feel safe and confident in that agreement,” said Farrington.


The board approved Hopkins' request 5-0.


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 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, Calif. – Lake County's cable television services provider is entering into a merger that will make it a private company.


Last month Mediacom Communications Corp. entered into a definitive merger agreement with Rocco B. Commisso, the corporation's founder, chairman and chief executive officer, and JMC Communications LLC, which Commission created.


Mediacom is the nation's eighth largest television company and a leading cable operator in smaller markets. It also offers digital, Internet and phone services.


The agreement calls for Commisso to buy the outstanding shares at $8.75 each, for a reported total price tag of $600 million.


“This is simply a transaction that moves the ownership of company stock from one set of hands to another, and our chief executive officer has been the majority owner since he founded the company,” Lake County's local Mediacom manager, Shawn Swatosh, told Lake County News.


“Most importantly, this transaction will have no impact on our day to day operations and should be transparent to customers,” he said.


Swatosh noted that Commisso told employees in a recent memorandum, “Mediacom customers are the absolute, number one priority for all of us, and we will strive to continue to provide them with great customer service and the very best products and services.”


Swatosh added, “In other words, operations will continue in the direction previously set as we work to bring faster broadband speeds and more advanced digital products to all areas with Mediacom service.”


The merger will be on the Clearlake City Council's consent agenda for approval on Thursday.


A report from City Clerk Melissa Swanson to the council explained that the merger won't affect the city's franchise agreement with Mediacom, but the agreement does require the council's formal approval.


Swanson's report said that when Mediacom purchased Jones Intercable in 1998, Commisso was Mediacom's sole owner and operator. He took Mediacom public with an initial public officer in 2000.


In May Commisso made a “going private” proposal to the corporation which originally would have bought all shares not in his possession for $6 each, the company reported.


The corporation reported that its board of directors of Mediacom, acting upon the unanimous recommendation of a special committee of independent directors formed to examine the proposal, unanimously approved the merger agreement with the higher buyout price.


The purchase comes as Mediacom posted strong third quarter financials this year, showing a 3-percent increase in revenues, which totaled $374.4 million.


The revenue increase was attributed largely to continued growth in high-speed data and, to a lesser extent, advertising and phone revenues, offset in part by lower video revenues.


The corporation said the average total monthly revenue per basic subscriber rose 8.4. percent to $103.17.


Video revenues declined 1.1 percent, primarily due to a lower number of basic subscribers, which Mediacom said was mostly offset by video rate increases and higher revenues from our digital video, digital video recorder and high-definition television services.


Mediacom reported losing 13,000 basic subscribers, compared to a loss of 19,000 in the prior year's third quarter.


At the same time, the corporation added 12,000 digital customers to end the quarter with 717,000, a 59.6 percent penetration of basic subscribers. Over the year, there was a 7.8-percent growth rate, totaling 52,000 new digital customers.


From the third quarter of 2009 to 2010, Mediacom gained 62,000 high-speed customers – 13,000 over 2010's third quarter alone – to end with 827,000 high speed customers. In addition, it added 50,000 phone customers over the year for a total at quarter's end of 324,000.


The corporation's advertising revenues in the third quarter were up 18.8 percent, which it primarily attributed due to increased national and local sales, with significant contributions from the political and automotive categories.


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 Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .


LAKEPORT, Calif. – The Lakeport City Council welcomed its two newly elected members and selected the mayor and mayor pro tem for the coming year Tuesday night.


Businesswoman Stacey Mattina and Tom Engstrom, the retired Lakeport Police chief, took their seats on the council shortly after the meeting began.


The council first unanimously approved two resolutions to accept and certify the Nov. 2 general election results.


Councilman Bob Rumfelt presented plaques of appreciation to outgoing Council members Jim Irwin and Ron Bertsch, thanking each for his four years of service.


Then City Clerk Janel Chapman administered the oath to Mattina and Engstrom, who led a field of seven candidates in last month's election.


When it came time to select the council's leadership for the coming year, Councilman Roy Parmentier nominated Rumfelt for mayor, while Engstrom nominated Suzanne Lyons.


Lyons won the mayor's seat 3-2, with Parmentier and Rumfelt voting no.


Engstrom then nominated Mattina for the mayor pro tem job, while Rumfelt nominated Parmentier. Mattina was selected 3-2, with Parmentier and Rumfelt again voting no.


The new council proceeded to hold a nearly two-hour-long public meeting in which they went over redevelopment, construction, police requests, economic development and other business, before adjourning into closed session for employee negotiations.


Reports on the other items on the agenda will follow this week.


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 Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

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