Local Government

LAKEPORT – With state officials declining to take on an investigation about a deputy sheriff's flight activities, and federal officials finding no issues with the deputy's licensing, the Board of Supervisors must decide what to do next when they meet this week.


The matter will be heard at 10 a.m. Tuesday during the Board of Supervisors meeting at the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.


“I am not sure where we are headed at this time,” Board Chair Anthony Farrington told Lake County News. “I am frustrated at government at all levels.”


In January, the board approved sending letters to both the California Attorney General's Office and the Federal Aviation Administration (FAA), asking for assistance in investigating a possible misappropriation of public funds in relation to the flight activities of Sgt. Dave Garzoli.


Last summer, following a crash landing near Cow Mountain, the board learned of Garzoli's flight activities, which were being done using a helicopter paid for by a Drug Enforcement Administration marijuana eradication grant, as Lake County News has reported.


Since then, Garzoli has been demoted from lieutenant to sergeant.


During the board's January discussions, members raised concerns that the investigation would be bounced back to the county, which appears to have been the outcome, at least from the state perspective.


On Tuesday the board will discuss what options they have next and consider the letters they received in response to their investigation requests.


In a letter to Farrington from Deputy Attorney General Tamar Pachter, dated Feb. 18, Pachter stated that the office can't assist the county in the matter.


“The Department of Justice is committed to upholding and enforcing the law, but it lacks the resources necessary to investigate every local matter where improper conduct may have occurred,” Pachter wrote. “Ordinarily, local law enforcement authorities have primary responsibility for investigating violations of law within their jurisdictions.”


Pachter goes on to suggest the county contact the office of State Auditor Elaine Howle for assistance.


With the state essentially handing back the investigation into the use of the grant funds to the county, that could mean it next goes to the District Attorney's Office.


District Attorney Jon Hopkins said he would be in attendance at Tuesday's meeting.


Farrington said he has spoken to Hopkins about the issue and is concerned that, based on their preliminary conversations, Hopkins doesn't believe that the potential misuse of public funds is “important enough of an issue for he and his department to allocate the resources necessary to launch a full investigation.”


Sheriff Rod Mitchell promised to assist with any investigation that takes place.


“If the District Attorney's Office will conduct an investigation into the matter my department is absolutely committed to assisting and providing any resources,” including documents, funds for an investigator or anything else he can provide, Mitchell said.


Farrington also received a letter on March 17 from FAA Regional Administrator William Withycombe.


The board had asked the FAA to consider whether or not Garzoli required a commercial pilot certificate while making the flights.


Withycombe wrote that personnel from the FAA's Sacramento Flight Standards District Office and the Western-Pacific Flight Standards Division reviewed the information including officials records and Garzoli's logbooks the county provided.


He said federal regulations don't address source funds for flight training, in this case the DEA grant money.


In addition, the logbook entries appear to have been property made and there was no violation of pilot certificate requirements during the helicopter training, he said.


“In summary, the pilot in question required neither a commercial pilot certificate nor a private pilot certificate during the flight operations in question,” Withycombe explained.


Withycombe said Garzoli's logbook indicates he had either a qualified person on board to act as pilot-in-command or certified flight instructor, and had the appropriate endorsements to act as pilot-in-command when he was flying the aircraft solo.


A frustrated Farrington said he believes the DEA's illegal marijuana eradication program has failed taxpayers.


“And now we have a situation where those very tax dollars have been improperly spent, and no one seems to care,” he said.


“However, I can tell you that I do care, and so do my colleagues on the board,” he added.


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LAKEPORT – An investigation regarding a deputy's flight training using federal grant money and geothermal operations will be among the topics on the Board of Supervisors' agenda on Tuesday.


The meeting will begin at 9 a.m. Tuesday, March 23, in the Board of Supervisors chambers at the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.


Last year, following a crash landing, the Board of Supervisors became aware that then-Lt. Dave Garzoli was taking helicopter flight training, allegedly under the auspices of a federal marijuana eradication. Garzoli since has been demoted to sergeant.


The board asked the California Attorney General's Office to investigate the possible misappropriation of public funds for the helicopter training, but the agency has declined to do so.


The board also received a letter from the Federal Aviation Administration, which found no issue with Garzoli's licensing during the flights.


The 10 a.m. discussion will consider what options the county now has in the matter.


Local geothermal energy production also will be on the Tuesday agenda.


At 10:15 a.m. the board will consider sending letters to state and federal agencies requesting funding for further research in the Geysers geothermal field on Cobb to better understand the mechanisms causing earthquakes. They're also seeking assistance with identifying more effective mitigation measures by the geothermal industry to the surrounding communities of the Geysers area.


At 11: 15 a.m., Calpine representatives will make a presentation to the board regarding the operations at The Geysers geothermal steamfield on Cobb.


In an untimed item, supervisors also will consider approving findings of fact on the Sierra Club Lake Group's appeal of the Planning Commission’s certification last October of Cristallago Development Corp.'s final environmental impact report. The board denied that appeal on Feb. 9.


The board also will hold a closed session to discuss labor negotiations.


Other items on the agenda include the following.


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.


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). Contract change orders for current construction projects and a review of applications to connect to the Southeast Regional Wastewater System within portions of Lake County Special Districts also will be considered.


9:10 a.m.: Presentation of proclamation designating the month of April 2010 as Child Abuse Prevention Month in Lake County; and presentation of proclamation designating the month of April 2010 as the Month of the Young Child in Lake County.


9:15 a.m.: Public hearing, proposed purchase of real property consisting of land located at 1305 Reclamation Road, Upper Lake, CA (APN 004-021-30), the agreed purchase price is $230,000 and the seller is Deutsche Bank National Trust Co., as trustee for Long Beach Mortgage Loan Trust 2006-06.


9:30 a.m.: Public hearing, notice of Nuisance Abatement - 6150 Live Oak Drive, Kelseyville, CA (APN 007-015-50 - Peter Huot and Katherine Huot).


9:45 a.m.: Public hearing, notice of nuisance abatement - 2646 Lakeshore Blvd., Lakeport, CA (APN 028-283-06 - Fred E. Reinell and Vicki S. Reinell).


10:30 a.m.: Discussion/consideration of a proposed ordinance amending Section 7068 of the Sewer Use ordinance pertaining to Sewer System Capacity Fees for connections to the Southeast Regional Wastewater Collection System; and discussion/consideration of a proposed Resolution amending

Section 10 of the Lake County Sanitation Districts Wastewater Rules and Regulations.


10:45 a.m.: Presentation on licensing and enforcement of the Tobacco Control Program; and discussion/consideration and request for board direction regarding proposed amendments to a draft ordinance regarding enforcement of tobacco laws (tobacco retailer license).


11:30 a.m.: Assessment appeal hearings: Stanley Bauman, trustee and Ellen Bauman, trustee, application No. 140-2009, 148-2009 and 170-2009 - APNs 043-572-27 and 043-5572-28 - located at 9992 and 10004 Fairway Drive, Kelseyville, CA.


11:50 a.m.: Consideration of request from the city of Lakeport for waiver of Environmental Health Fees in the amount of $315.50, for operation of a concession stand at Westshore Pool.


Nontimed items


– Supervisors’ weekly calendar, travel and reports.


– Discussion/consideration of hearing procedure: Whether to allow written briefs in lieu of a disciplinary hearing, Employee Appeal No. 2010-01 (pursuant to employee’s request).


– Discussion and request for Board direction regarding the appointment of Jessica Leishman to the Animal Control Advisory Board on February 2, 2010 (which resulted in an extra member sitting on the Board), and consideration of options for amending the composition of the Animal Control Advisory Board.


Consent agenda


– Approve minutes of the Board of Supervisors meeting held on March 16, 2010.


– Adopt proclamation designating the month of April, 2010 as Child Abuse Prevention Month in Lake County.


– Adopt proclamation designating the month of April, 2010 as the Month of the Young Child in Lake County.


– Accept letter withdrawing the proposed formation of the Lake County District Attorney’s Investigator’s Association.


– Waive the 900 hour limit for extra-help Accounting Technician Eldra King; and waive the 900 hour limit for extra-help Janitor Diana Hasty.


– Adopt Resolution No. _____ authorizing the submittal of an application for a CUPA Forum Trust Fund Grant and authorizing the Health Services director to sign.


– Approve Budget Transfer B-178 in the amount of $29,296 for the purchase of a wireless system for Public Health Services for the Bevins Court building (received from the California Department of

Public Health), Budget Unit No. 4011 - Health Services and authorize the chair to sign; and approve Contract between the county of Lake and Alpha Omega Wireless for the purchase of a wireless system for Public Health Services for the Bevins Court building in the amount of $29,821 and authorize the chair to sign.


– Adopt Resolution No. _____ amending Resolution No. 2010-32 to amend the Final Budget for Fiscal year 2009/2010 by making various adjustments to Budget Unit No. 2113-Victim Witness (an increase of $18,000 in Account No. 453.54.90 and $18.000 in Account 721-28-30, funding received from reimbursement by the State of California for expenditures made for witness protection).


– Approve grant deed and direct clerk to certify for recordation (a portion of APN 016-033-04 - Glenn G. Baker - Trustee and Karen Louise Baker - Trustee); and approve Purchase Agreement between

the county of Lake and Glenn G. Baker and Karen Louise Baker, for Bartlett Springs Road-Storm Damage Project and authorize the chair to sign.


– Adopt Resolution No. _____ amending the Salary and Classification Plan for the classification of housing Program Coordinator and Section 8 family self sufficiency case manager.


– Adopt Resolution No. _____ authorizing participation in “Year 12" Carl Moyer Program, and authorizing the Air Pollution Control Officer to submit grant application and sign program documents.


– Adopt Resolution No. _____ transferring Fiscal Year 2009/2010 Unreserved Fund Balance into the Lake County Air Quality Management District Office Building Designation in the amount of $6,808.97.


– Adopt Resolution No. _____ authorizing the Special Districts administrator to sign a notice of completion for work performed under agreement dated Feb. 25, 2010 (Bear Canyon Zero Booster Pump Station Project TerraCon Pipelines Inc.).


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CLEARLAKE – After more than an hour of discussion at its March 11 meeting, the Clearlake City Council decided to postpone a decision on updates to the city's zoning ordinance and bring the matter back for further consideration to allow council members more time to study the issue.


City Administrator Dale Neiman had submitted to the council a document that went from 33 pages down to 12, but former District 1 Supervisor Ed Robey and Lower Lake attorney Ron Green, who both spoke at the meeting, had concerns over language and possible difficulties the changes might have for businesses in the future.


Key points were Neiman's removal of a paragraph titled regarding “uses not otherwise provided for,” and Robey's and Green's concern that the proposed draft had no proposed language for a time period in which the city's planning director would have to make a decision on a project.


Neiman said staff could make judgments on similar uses as they do now when considering applications, which he said they do on a daily basis.


He said because the city only has one planner, it can take time to process applications, and putting a 45-day or 60-day time limit, as Green and Robey proposed, wouldn't work.


“What the issue really is is the words,” said Robey, explaining that, in five years when none of the people currently involved in the issue are there, people will have to figure out what it means.


Robey said that it's clear that if the planning commission just sits on a project but doesn't make a decision then an appeal is automatically denied, “and that's not right.”


He said Bill Perkins, a planning commissioner, spotted the confusing language. “All I'm saying is, let's make it clear.”


Robey also asked the council to keep the old language on “uses not otherwise provided for,” even though Neiman felt it wasn't needed.


During the discussion, Robey noted, “I just want to make sure that the language is understandable by anybody,” and that the process is fair.


He suggested the city take its time and come up with clear language.


Green suggested some of the wording changes were going to create more problems.


Then he mentioned Liz Byrd, owner of Lakeside Herbal Solutions, and a client of Green, who has filed an appeal with the city over issues with her medical marijuana dispensary. Last year, the city denied her business license renewal.


“Ed didn't want me mentioning this but I feel that I really have to,” Green said of Byrd's case, a final decision for which still hasn't been made.


Green accused Neiman of wanting to change some of the planning procedures because of Byrd's case, which he said Neiman has delayed for five months.


Green said that last Sept. 28 he wrote Neiman a letter stating he was representing Byrd and asking questions about the case, which he said had been appealed based on a determination that a medical marijuana dispensary wasn't covered. On Sept. 30 Neiman suggested removing a similar use provision from the zoning ordinance.


“That makes me suspicious,” said Green.


Neiman responded, “The appeal is based on the laws in effect at the time,” and said that Byrd wouldn't be impacted by these proposed changes in the ordinance.


Green also wanted a sentence adding to the zoning ordinance stating that changes wouldn't apply to any appeal filed prior to adoption of the changes. Neiman said they would just have to come back later and remove that section.


Community member Jack Troyer wanted to speak to Byrd's case during public comment but Mayor Judy Thein told him they were not talking about Byrd's business but the zoning ordinance changes.


Troyer said the zoning should not have to change over Byrd's establishment. “This is not about Liz Byrd's business,” Thein repeated.


He replied that changing the ordinance would put certain places out of business, and he suggested the council knew that.


“You need to take a step back and think about the people once in a while,” said Troyer, adding that the council needed to make a decision on the community's behalf.


Vice Mayor Joyce Overton said she didn't want to make a decision that night. “I just need more time,” she said.


Councilman Chuck Leonard said Robey presented good points, but criticized Green for trying to argue Byrd's case in the midst of the discussion.


“It shows he has a very narrow vision in this thing,” he said.


Leonard and Councilman Roy Simons also said they wanted more time, and the council agreed by consensus to bring it back at a future meeting.


In other news the council awarded a $311,000 bid for phase two of the city's collector street improvement project.


Council members also approved a state Boating and Waterways grant application for phase three of the city's Redbud Park improvements, estimated to cost nearly $1.2 million.


The grant would fund removal and replacement of two docks, extend three docks to the same length, grind and rebuild part of the existing parking area, install new lighting on the docks, piers and boat ramps, dredge the harbor, add curbs, gutters and sidewalks, and install parking lot lighting and an irrigation pump.


At staff's suggestion, the council approved a public nuisance loan program that would be a way to assist property owners with cleaning up their parcels. In turn, the property would secure the loans.


The council also received an informational report on the election procedures for amending the redevelopment plan.


Neiman said a legal opinion from the city's attorney, Malathy Subramanian, concluded that the issue does not need to go before voters but can be done at the city government level, which was Neiman's conclusion in a 2008 report to the council.


During Neiman's report to the council, he stated that an application has come in to the city from Grocery Outlet and the Dollar Tree to open in the former Rite Aid site at the Burns Valley Mall on Olympic Drive.


He said he's also been in discussions with two individuals on affordable housing projects, one for seniors and one involving an existing facility.


The council agreed to cancel its March 25 meeting, as Neiman will be on vacation that 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 and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .

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From left, County Administrative Officer Kelly Cox, California Board of Equalization Chair Betty T. Yee, District 1 Supervisor Jim Comstock and District 3 Supervisor Denise Rushing have a discussion following a community roundtable meeting on Wednesday, March 10, 2010, in the Board of Supervisors chambers at the Lake County Courthouse in Lakeport. Photo by Elizabeth Larson.
 

 

 

THIS ARTICLE HAS BEEN CORRECTED REGARDING A STATEMENT ABOUT $21 BILLION IN TAX REVENUE THAT COULD BE AVAILABLE UNDER A DIFFERENT TAX STRUCTURE.


LAKEPORT – California has a long way to go before it's out of the depths of the current recession, a situation made more critical by needs for reform at the state level.


That was the message fro Betty T. Yee, chair of the California Board of Equalization, who visited Lake County and held a roundtable discussion with local residents and community leaders on March 10.


About 20 people attended the meeting – including Supervisors Jim Comstock and Denise Rushing – held in the board chambers at the Lake County Courthouse in Lakeport.


It was the first time in a few years that Yee has visited with local constituents in her First District region, which includes 21 counties – including Lake County – and stretching from Santa Barbara north to Del Norte County.


The reason for the long time between visits, she said, was that the Board of Equalization's budget also was cut. The board didn't implement furloughs but cut expenses elsewhere, including constituent visits.


During the hour-and-a-half-long discussion, Yee touched on numerous issues regarding state government, from its current dysfunction to the economy and the need to reform the tax code, with billions in tax loopholes hurting the state's fiscal health.


“Right now there is no sense of urgency about looking at reform,” she said.


She added, however, that there is a potential bright spot regarding the state's budget, explaining that the new Assembly speaker, John Pérez, has expressed interest in bringing the process out into the open, no longer leaving it to the “Big Five” – a group which includes the governor, Assembly speaker and Senate president pro tem, and minority leaders from both houses of the Legislature, according to the state Department of Finance.


California has been hit particularly hard by the recession. Since the recession began in December of 2007, the job gains California made over the previous 10 years have been wiped out – with 1.4 million jobs lost, she said.


Yee said that this past December, 56 percent of adults in California had jobs, the lowest employment number in 33 years, giving rise to a group of chronically unemployed people. “The job market is just not cracking open with the jobs opportunities for many of them,” she said.


At the same time, government is making cuts, and Yee said there is a “mismatch” in terms of how those cuts are being made. “The budget that we are dealing with right now looks to really decimate the social safety net,” she said, noting those cuts will lead to more job losses.


In January, the state's revenues came in above the governor's projections by almost $1.4 million, but Yee said there are “a lot of anomalies” with those numbers, and the state is far from emerging from the woods.


The state's financial picture will become clearer in April, when tax filings are made, she said.

 

Some economic sectors are reporting modest gains, said Yee, pointing to high tech companies in the Silicon Valley that are starting to hire again, and hiring at the state's ports. Economists aren't predicting sustained recovery will start until the end of the calendar year.


“My guess is, we're still shoveling, we haven't hit rock bottom yet,” she said.


Yee said Sacramento is a “little bit unnerving” because of what she deemed a state of denial in the Legislature when it comes to responding to the increase in demand for public services. “The reality is, the needs are there.”


With the state not stepping up to address those needs, Yee said the county – as the provider of last resort – will be saddled with the responsibility.


“We're very concerned about that,” said County Administrative Officer Kelly Cox.


Yee said the number of families relying on public assistance has skyrocketed. The food stamp benefit has increased by more than 905,000 people since October 2007, more than a 40-percent increase. The number of children enrolled in Healthy Families increased by 97,000 between between 2007 and 2009, and Gov. Arnold Schwarzenegger is proposing eliminating that program or scaling it back.


Californians enrolling in Medicaid also is increasing, but Yee dispelled the myth that Californians on Medicaid spend more money than their counterparts in other states. Quite the contrary – she said they cost the least of all 50 states.


In addition, there are 87,000 additional families on CalWorks, the biggest increase since welfare reform was enacted in 1996, she said.


“California is not alone, every state is facing this,” said Yee, noting that California's sheer numbers make the problem look larger.


Yee said some of the state's tax policies have exacerbated its budget problems. “It is absolutely, absolutely broken,” she said.


In particular, she pointed to corporate income tax breaks. Yee said if the state's corporations had to pay the same tax share in 2007 as they had to in 1981, the state would be $8.3 billion ahead. “Our corporate tax proceeds have really declined since that time.”


In addition, the state's sales tax yield is declining as the state moves from a goods-based to a services-based economy. At this time, the state is not taxing services, Yee said.


Then there is the issue of Internet shopping. Yee said “e-tailers” like Amazon and others have aggressively and consciously developed a business model to skirt California's tax rules, which Yee called “outright arrogant.”


She said that the sales tax base is shrinking. As an example, she said that there would be an additional yield of $21 billion in the state’s sales tax if taxable purchases accounted for the same share of personal income in 2008-09 as they did in 1966-67.


Challenges still ahead


County Assessor-Recorder Doug Wacker, who met with Yee before the community meeting, said 2010 is the first year that Lake County is scheduled to see a negative inflationary value in its property tax rolls. From 1999 on the county had a lot of developments, including vineyards, and geothermal valuations also added to the increase.


Cox noted that those geothermal valuations are still going up, and offset declines in other areas.


Information Wacker shared at the meeting included charts showing the change in Lake County's tax roll value, which rose from $3.1 billion in the 1998-99 fiscal year to $6.8 billion in 2009-10.


In 2006-07, the property tax roll's valuation grew by nearly 15 percent, but in 2009-10 it's at 0.08 percent.


Wacker's office has had 10,530 reassessment cases in 2009-10, a number that has nearly doubled over the last 10 years. In 2007-08 the assessor-recorder's office had only 1,973 reassessments.


Trustee deeds from foreclosures were up to 768 in 2009; the previous high since 1994 was 317 in 1996.


The high number of trustee deeds also is changing valuations and rolling them backward, he said, which is something they haven't seen since Proposition 13 in the 1970s. When the market does come back, the properties won't return to those previous factored bases, but will be lower.


Wacker, who noted that it will be interesting to see how things will shake out in the next four to five years, said that from Jan. 1 to March 10 his office has seen 146 trustee deeds, about 45 more than the same time the previous year.


Cox said the county is facing other revenue issues in addition to dropping property tax, including revenue tied to construction, sales tax and transient occupancy tax, which took a hit with the closure of Konocti Harbor Resort & Spa. Cox estimated that the county will get about half of the TOT it has received in recent years.


Interest also had been a major source of revenue for the county's general fund. Cox said the county previously had been bringing in $1.8 million a year in interest, now it receives about $200,000 annually.


Add to that the fact that the state and federal governments are taking more money from local governments. “It's been like this perfect storm of everything hitting us at once,” said Cox.


Cox said Lake County has always had a structurally balanced budget. Even so, “There's only so much that we can handle with those kinds of revenue losses.”


Yee, noting that she doesn't think there will be new tax increases across the state, said in terms of the raid on local governments, the state has hit the bottom and there's no more to get.


Any cuts in the social safety net – which she said make no sense to her – will be on the backs of counties, and will devastate families. If cuts to Healthy Families go through, Yee said about 1,900 Lake County children would be impacted.


There is now exploration of increasing state level taxes, such as through a statewide admissions tax to various events, with some proceeds going back to local governments. Yee said there also is discussion of local income tax and vehicle license fees.


Then there is the issue of legalizing marijuana, which she said is getting interest from both sides of the legislative aisle because of the widespread belief that taxation of the drug will help bolster the state's economy.


Yee said she's been working on the marijuana issue and considering what a regulatory framework would look like.


There are many questions that haven't been worked out, such as whether to exempt marijuana for medical use from taxes, and if marijuana would be taxed like cigarettes. Yee said the Board of Equalization has an internal task force looking at these questions in preparation for reaching out to the community for input.


Based on what happens in November – with a marijuana legalization proposition approved for the statewide ballot – the state will have to figure out how to proceed. Yee noted that the federal government is “not on board” with the proposal.


If a proposed excise tax is placed on marijuana, it is expected to generate as much as $1.4 billion annually, said Yee, noting that once it becomes legalized, the street prices will drop but consumption is likely to increase.


Cox asked Yee about Indian gaming money that has been set aside to distribute to local jurisdictions to mitigate impacts of casinos. This year the Legislature didn't appropriate those funds. “That money is still sitting there somewhere in a fund,” said Cox, who is afraid the state is going to try to grab it.


He also voiced concern about the state taking redevelopment money and suggested that pension reform was critical. Yee said a pension reform discussion likely won't happen in the near term.


Yee said there is a new project being tested on a pilot basis which requires lobbyists to pay registration fees. Lobbyists work the halls of government and hand out checks, preventing many attempts at taxation reforms. “That's what we're working against,” said Yee.


A fundamental reform in Yee's opinion is restoring local authority. Ever since Proposition 13 passed, its practical impact was to shift decision making from local governments to Sacramento, she said.


As a result, “I really don't know how you all do you jobs here,” said Yee, explaining that local government is saddled with all of the responsibility but little of the authority.


Cox agreed. “Our hands are really tied. We have very little flexibility.”


He told Yee that many small local businesses are struggling, and the county is working to use local vendors. Cox asked what the state can do to help many of these businesses, some of which are “on the brink.”


“If they go under then we've really had it,” he said.


Yee said she shares that concern. Lake County businesses are serviced by the Board of Equalization's Santa Rosa office, and from the fourth quarter of 2008 forward she said there has been a surge in the small business caseload.


She said her office works with businesses to create payment plans and, for those that inherit tax liabilities, find ways to satisfy those obligations.


In addition, Yee encourages people to visit her Web site and check out the small business toolkits to be found there: www.boe.ca.gov/members/yee/tabview_Toolkits.htm .


Yee said she foresees more challenges ahead, with commercial foreclosures expected to soon skyrocket and international investors expected to step forward. “There's going to be a little bit of chaos in that market with outside investors coming in.”

 

Looking ahead at the state's fiscal health, she said she foresees five to six more years of difficulty.


Following the meeting, Yee told Lake County News that the common thread she's seeing with the state government's approach to finances is to rely on local governments, and there's no sense of urgency in getting its financial house in order. Right now, they're looking at how to fill the budget gap between now and June 30.


She said everyone is hoping for a “May surprise” in which revenues would come in ahead of projections.


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

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Piedmont Lumber's store at 2465 S. Main St. in Lakeport, Calif., is the subject of a notice of default and election to sell filed by Umpqua Bank on March 1, 2010. Photo by Elizabeth Larson.

 



LAKEPORT – One of Lakeport's best known businesses is facing a series of challenges, including foreclosure actions and lawsuits, giving rise to concerns about its future.


Piedmont Lumber & Mill Co., which has several locations around Northern California including a store at 2465 S. Main Street in Lakeport, has been an important player in the Lake County business community and a large employer in the area for many years, but March has so far been a fierce time for the company.


The company is facing loan default actions on properties including its Lakeport store, a federal lawsuit over employee benefits and the fallout from a March 13 fire that destroyed its Walnut Creek store, resulting in millions in damages.


The Lakeport store remains open, but calls to Ted Mandrones, the Lakeport store's manager, were not returned.


When Lake County News called the company's headquarters in Pleasant Hill, a staffer who answered the phone stated, “They're not doing any comments at this time.”


The company's Web sites also are not working.


“The importance of Piedmont to Lake County can't be overstated by any means,” said Lake County Chamber of Commerce Chief Executive Officer Melissa Fulton. “They've been a major employer. It's a family-owned business. They have supported just about every community cause that has come across their desk.”


On March 1, Umpqua Bank – which has made millions of dollars of loans to the company over the past several years – filed a lawsuit in Contra Costa County Superior Court for breach of contract and warranty against Piedmont Lumber, owner William C. Myer Jr. and his wife, Victoria Myer, according to an online court records search.


A case management conference in the suit is set for July 19, based on available records.


Lake County News was unable to obtain the full court records this week, but the Contra Costa County Times reported Tuesday that the lawsuit sought judicial foreclosure actions against several company properties including Piedmont's Lakeport store.


Lani Hayward, a spokesperson for Umpqua Bank, told Lake County News that the company could not comment on the case.


Also on March 1, Northwest Administrators Inc., a company that provides employee benefits plan administration, filed a lawsuit against Piedmont Lumber in federal court.


The complaint states that the company is the administrator for the Western Conference of Teamsters Pension Trust Fund. The fund's trustees are bringing the action because they allege that Piedmont has failed to make benefits contributions on behalf of employees, which it agreed to do based on collective bargaining.


Attorney Michael J. Carroll of the San Francisco firm Erskine & Tulley, which is representing Northwest Administrators Inc., would not answer questions about the case when contacted by Lake County News.


On March 1, two notices of default and election to sell under deed of trust were filed against the 2465 N. Main property, which was used to secure Umpqua Bank's deed of trust, according to assessor-recorder records. The notices were recorded the following day with the county.


The defaults were for two loans – the first, for a note dated May 19, 2008, for $13.5 million, and the second for a note dated May 21, 2008, for $3.35 million. Both loans had variable interest rates.


As of Feb. 23, approximately $11,349,324.08 and $3,279,493.26 were owed on the two notes, respectively, according to the documents.


The default notices also explain that Piedmont Lumber sought modifications to its forbearance agreements with the bank for both loans in September and October of 2009.


Business undergoes expansions


In recent years, lumber and hardware companies around Lake County have expanded and upgraded their facilities.


At a Jan. 7 public hearing the Clearlake City Council held to discuss a proposal for a new Lowe's home improvement store, Mark Borghesani – whose family owns and operates Kelseyville Lumber – said in 2005 hardware and lumber businesses in Lake County had 79,000 square feet of retail space. After a few years of large expansions, total square footage of those stores now totals 290,000.


Piedmont was one of the local businesses that underwent an expansion. “They made a major investment in the Lakeport store over the last three years,” Fulton said.


County planning records show that Piedmont took out a permit in February of 2007 for improvements to 29,826 square feet of mercantile and store space, with a total estimated value of $1,475,343. The permit cost was $8,196.07.


In May of 2007, improvements were made to the Lakeport store's warehouse and receiving area, including an 8,370-square foot shed structure. Planning records showed those improvement had a $223,227 valuation, with a permit cost of $2,536.64.


The final improvements county documents show were recorded in a November 2007 permit. The company paid for a $1,941.18 permit to cover improvements to 4,642 square feet of commercial space, valued at $149,472.


Property taxes are current on the property, according to county records.


Assessor's records value the main store property, located on 4.55 acres, at $4.1 million. It sits next to a long, thin 1.51-acre parcel that is not the source of any court action.


A residential property at 8276 Peninsula Drive belonging to the Myers also has a $1.5 million loan from Umpqua Bank that was recorded in May of 2008.


In the wake of the improvements to the store, the economy hit serious trouble, which Fulton pointed out hugely impacted the construction industry and, subsequently, business for Piedmont and other similar stores.


Fulton said it was “too many things happening at once.”


She said Wednesday that she had heard about reductions in Piedmont's staff companywide – possibly as high as two-thirds – but didn't have information for Lakeport's store.


With everything the company has done for Lake County, Fulton added, “It is certainly that the hope of everyone in the community that they will be able to surmount all of these challenges.”


Investigation continues into fires


Adding to Piedmont's troubles, on March 13 its store at 2860 N. Main St. in Walnut Creek caught fire, resulting in a four-alarm fire that caused an estimated $5 million in damage, according to Bay Area media reports.


On Wednesday, the Contra Costa County Fire Protection District reported that it concluded its investigation into the fire's cause the previous day and released the property to the business owner and insurance company representatives.


Officials said the fire's cause is still under investigation. No exact determination has yet been determined and now a more detailed followup investigation will begin with the continued assistance of Walnut Creek Police Department, the Bureau of Alcohol, Tobacco and Firearms and the District’s Fire Prevention Bureau, according to the statement.


Spokesperson Emily Hopkins said they're still seeking tips on the fire.


Last August, a fire occurred at Piedmont's Pittsburg location, according to Contra Costa County Fire Protection District.


That fire began in one of Piedmont's exterior enclosed lumber storage racks and spread to another larger storage rack. Contra Costa County Fire's report explained that the fire radiated heat to the business next door, Wally’s Rentals, where the majority of the loss took place. Piedmont Lumber's business offices and main building were not affected by the fire.


“That investigation also is still open,” said Hopkins.


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

LAKEPORT – Faced with millions of dollars in uncollected debt – particularly court fines and fees – Lake County's treasurer-tax collector asked the Board of Supervisors on Tuesday for permission to hire a firm to assist with recovering those funds.


Sandra Kacharos got the board's approval to enter a contract with Gila Corp. – doing business as Municipal Services Bureau, based in Austin, Texas – for collecting court-ordered debt and other outstanding debts owed to the county.


Kacharos told the board that the receivables with the county's quarterly debt are “growing by leaps and and bounds.”


Currently, debts owed to the Lake County Superior Court – through fines, fees and others debts – total $26 million across 29,700 accounts as of the end of February. Kacharos said a significant amount of that debt is aged beyond three years.


She said her department doesn't have the resources on its own to go after the accounts, thus the contract with Municipal Services Bureau.


Supervisor Jeff Smith said that, based on those figures, it seems worth it to put her department's resources into pursuing collections.


“We're talking a lot of money here,” he said.


Kacharos suggested they could have that discussion, but explained that her department has limitations that make pursuing debt collection on its own very difficult.


Municipal Services Bureau is profit-driven and therefore is motivated to generate the revenues, said Kacharos.


The company aggressively pursues accounts, looking for people beyond state boundaries, and using liens and credit reporting.


“There are a number of processes that they use routinely that would be new to us,” she said.


County Administrative Officer Kelly Cox said he supported Kacharos' plan to use the company.


“It's important to pursue alternatives like this at this time in particular,” he said.


He suggested that the company may be able to collect more revenue at less cost to the county. “If it's as successful as I think it's going to be, we'll pursue this even further,” he said.


Smith pointed out that there is a $3.8 million commission on that outstanding $26 million.


Cox cautioned that the company will never collect that entire amount, adding that Kacharos' department has done all it can to get the funds.


Unless they go with the company, “They're not going to be collected otherwise,” Cox said of the outstanding debt.

Kacharos said she wanted to move a sample set of 1,000 high dollar accounts to see how the company does.


One of her department's key functions is immediately interfacing with the courts to collect funds. She said they deal with the most current accounts now and after they are uncollected past four months they go to the Franchise Tax Board. But that agency doesn't go beyond state bounds, Kacharos said.


“I think this is a really good idea,” said Supervisor Jim Comstock.


Kacharos told the board during the discussion that the company has gotten high marks from other officials she's talked to, and is outcompeting other companies in offering similar services in Orange County.


Supervisor Denise Rushing asked Kacharos about the nature of the debts in question.


Kacharos said they include traffic fines and citations – mostly for misdemeanors – and aren't related to property tax.


She said her department does collect countywide debts, and about $300,000 is now outstanding, mostly for Special Districts.


Kacharos said she's trying to ascertain how much of the debt is uncollectable, which she'll find out through working with the company. She said she doesn't know how else to approach the situation other than “blitzing” it.


Supervisor Rob Brown asked if any local company offers such services. Kacharos said there is another big conglomerate with a Ukiah office, but it hasn't gotten good recommendations.


Kacharos said that once the company starts work, it has an immediate and thorough screening process, with a short duration of just a few days to get accounts set up and make a first pass at contacting those who owe debts.


“It sounds like it is the best way to go at this point, and see what comes out of it,” Smith said.


Kacharos explained that the county receives about 45 percent of what they collect, with portions going to the court, cities and the state.


The board approved the contract 5-0.


Following the meeting, Kacharos told Lake County News that there is a 15 percent commission for debt collected by the Franchise Tax Board, and a 20-percent commission for the more difficult older accounts that Municipal Services Bureau will pursue.


Of the local debts collected, 45 percent is distributed various county agencies, with 38 percent going to the state, 12 percent to the superior court, 2 percent to the city of Clearlake and less than 1 percent to the city of Lakeport, she said.


Kacharos said her department is averaging 280 new accounts a month from the court, for a value of about $200,000.


However, overall account numbers appear to be growing by far larger numbers. As of Feb. 28, the county had 29,700 accounts. By March 16, the number of accounts had grown to 31,678, with 21,768 of those from before July of 2007, Kacharos said.


Of those accounts, 8,893 have been sent to the Franchise Tax Board for collection – with a total value of $8.8 million – and 1,017 are in current status.


Board continues urgency ordinance for wastewater collection system


In other news from Tuesday's board meeting, Special Districts Administrator Mark Dellinger was ill and not present to give the board an update on the Southeast Regional Wastewater Collection System.


However, Smith reported that he and Comstock and Special Districts staff had been out to view parts of the system, which appears to be heavily impacted in inflow from wet weather.


“The systems handles everything without rain influx,” said Smith.


The board voted 5-0 to continue an urgency action establishing temporary connection restrictions to the system, which they initially passed March 2.


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

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