LAKEPORT – On Tuesday the Board of Supervisors decided to hand over to the County Administrative Office responsibility for the initial investigation into a sheriff's office employee's flight lessons under a federal grant.

The board vote was 3-1, with Supervisor Anthony Farrington wanting to have an outside forensic accountant take over the investigation. Supervisor Jeff Smith was absent.

Following a crash landing in June, it came to the board's attention that then-Lt. David Garzoli was taking helicopter flying lessons under the auspices of a federal Drug Enforcement Administration (DEA) grant given to the Lake County Sheriff's Office, as Lake County News has reported.

Specifically, Garzoli was training for his commercial pilot's license while flying with Cutting Edge Helicopters, a company that has a lease agreement for helicopters with the county, when he had a forced landing while en route back to the county from Ukiah.

With the board concerned about the county's liability during the flights as well as the potential for having to pay back portions of the grant if it wasn't spent properly, last month the board directed County Counsel Anita Grant to look into hiring an investigator and a forensic accountant to go through flight logs and determine how it was spent.

Grant told the board Tuesday, “It is not quite as simple to find a forensic accountant in Northern California as you might think.”

She searched with the help of the California State Association of Counties and the state county counsel association, and came up with only three names, two of which responded.

But, given that the costs run between $150 and $175 an hour, plus expenses, and taking into account the potential breadth of the documents, Grant suggested the county might want to begin with an in-house examination, assisted by County Administrative Officer Kelly Cox's office and the sheriff's office.

If additional questions and issues arose, Grant suggested they could then call in a forensic accountant for a more focused look.

Supervisor Rob Brown was concerned about the perception.

“I have no problem with Kelly's office doing what you've recommended here, but I don't think that the sheriff's fiscal department should be involved in, basically, investigating themselves or auditing themselves,” he said.

“I like the idea of saving money but we also have to make sure that whatever objectives we have are met,” said Board Chair Denise Rushing.

She said the will need to make sure that Cox's office gets the access they need to records in order to complete the task.

Grant's report to the board also suggested some future actions the board can take “to ensure that the issues which have arisen here in regard to the administration of grant monies do not occur again.”

Those suggestions included preventing anyone who is in charge of a grant operationally from administrating it, that operational plans are provided to the board and that annual audits of all expenditures be conducted by the department administering the grant.

Rushing said the suggestions “make a lot of sense for any grant application, not just this one,” by adding in checks and balances, plus an extra measure of transparency.

Farrington said even though the county could save significant funds by going in-house, he wanted an outside expert in the interests of the community's perception and the public trust.

He said there remains a question over the disparity in statements made by Sheriff Rod Mitchell, who said the flight lessons were not allowed, and Garzoli, who maintains they were. That conflict needs to be resolved, Farrington said.

Rushing suggested that Farrington was looking for something different than an accounting investigation.

She asked Grant if there was a “hybrid” possibility of starting with county staff and then partnering with the outside forensic accountants for reduced fees in exchange for a reduced workload. Grant said she could look into that.

Rushing said Grant has given the board good information. “There's enough information to know that there is some opaqueness to a piece of this that a forensic audit probably isn't going to get much further into,” she said.

Cox said that he believed his office could do the work and stay independent. Rushing said she thinks his office is well trusted.

“If the board wants us to do it, we'll do it,” said Cox.

Brown worried that Cox's office already has enough on its plate. Cox said this is the best time of year to take on the extra work, rather than the spring when budget time is nearing.

Cox told the board that, “Whatever we find, we find, and that's it.”

Brown said it needed to be done soon. “I just want to get this resolved. I just want to get it done.”

Lucerne resident Donna Christopher asked if the DEA requires any audits. Cox said the grants are audited; the county also has an independent auditing firm and he's disclosed his concerns about this grant to them.

Grant said the county is still trying to set up a phone conference with the DEA over questions about the flight training. Brown said he wanted Cox to contact the DEA about the situation, and Cox guaranteed he would.

“If we're put in charge of doing this work, that will happen,” Cox said.

Rushing asked Farrington how he felt about the hybrid approach she suggested.

He said he appreciated the idea, but felt there were bigger issues. “I think we need to turn every stone possible” in order to fulfill its fiduciary responsibilities to the taxpayers. He said that was only his first step.

Cox said it will cost more than $10,000 to send the work outside, and that his staff can do the same work as an outside investigator.

Brown said that concern resonated with him. “Perception is important but results are more important.”

Farrington felt an outside auditor could focus solely on the matter.

“I don't think you're going to get what you're hoping to get,” Cox told him.

Rushing told Farrington, “I think you're asking for an investigation more than an audit.”

Supervisor Jim Comstock, who said he had faith that Cox's office could handle the assignment, moved to have the County Administrative Office begin with the work, with the board to assess its progress in a month. Brown seconded, and the vote was 3-1.

As a result of the discussion and conditions on grants, Rushing also pulled for more consideration an item on the consent agenda, the approval of the California Emergency Management Agency Fiscal Year 2009 Grant Assurances for Homeland Security Grant funding for the sheriff's office.

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 .

CLEARLAKE – A resolution to sell state repayment obligations, the county's community wildfire plan and a senior center rental policy will be up for consideration by the Clearlake City Council at its meeting this Thursday.

The meeting will begin at 6 p.m. at Clearlake City Hall, 14050 Olympic Drive.

The public portion of the meeting will be preceded by a closed session, starting at 5:45 p.m., to discuss labor negotiations.

City Administrator Dale Neiman will take to the council a proposed resolution approving the sale of state repayment obligations. The city received the obligations after it was required to loan the state 8 percent – or $169,000 – of its property tax revenues.

The California Communities Joint Powers Authority has developed a program to issue bonds to pay the city for those loaned revenues in exchange for the obligations.

If the city doesn't take part, Neiman noted, the city won't be paid back until 2013.

The council also is due to consider the Lake County Community Wildfire Protection Plan, which the Board of Supervisors formally approved earlier this year. The Lakeport City Council also accepted the plan at its Tuesday meeting.

The plan looks at fire risks and resources around the county. The federal government requires the plan in order for the county to apply for grants to reduce wildfire risk.

The council also will consider establishing a policy for renting the Highlands Senior Center.

City Clerk Melissa Swanson put together a draft policy for the facility, which can be rented by the public, other government agencies and local nonprofits by following an application process. Nonprofit agencies will be charged half of the approved fee.

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 .

CLEARLAKE – The city of Clearlake is in the process of gathering data to update the city's housing element.

The Clearlake City Council and Planning Commission will hold a workshop to obtain suggestions and ideas.

The housing element's purpose is to provide the city with a coordinated and comprehensive strategy for promoting the production of safe, decent and affordable housing within the community.

The Clearlake Housing Element has two main purposes:

– To provide an assessment of both current and future housing needs and constraints in meeting those needs; and

– To provide a strategy that establishes housing goals, policies and programs.

The meeting will be held at 6 p.m. Wednesday, Oct. 28, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.

The city of Clearlake encourages participation of all segments of the community.

For an electronic copy of the draft document, contact Michelle Clark at 707-994-8201, Extension 150, or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. .

For disability-related modification or accommodation for the meeting, contact Clearlake City Clerk Melissa Swanson at 707-994-8201, Extension 106, at least 72 hours before the meeting.

LUCERNE – Based on what the Board of Supervisors decides this week, a community building on Lucerne's lakeshore could soon be demolished to make way for more parking for a nearby development.

The Lucerne Clubhouse, which sits on a one-acre lakefront parcel at 6319 E. Highway 20, had been slated for renovation based on a community survey conducted a few years ago. But county officials say that it's too costly to remodel or move the building, which sits next to the dilapidated Lake Sands Resort, owned by Dominic Affinito.

Deputy Redevelopment Director Eric Seely said the building so far hasn't been discussed at the board level. He said a discussion of plans for the building didn't generate much public comment at the most recent town hall meeting.

Public Services Director Kim Clymire is taking the proposal to demolish the building to the board at its Tuesday meeting in the board chambers at the Lake County Courthouse, 255 N. Forbes St. The matter is scheduled to be heard at 2:45 p.m.

Clymire's report to the board said the building has been vacant for three and a half years and is in a “blighted” condition. Not noted in the report is that the building has been used for some community events during that time frame.

County staff has carried over $30,000 to either remodel, relocate or demolish the building, Clymire reported.

“Due to budget constraints and needs, staff believes that remodeling or relocating the building would be too costly and demolishing the building is the preferred option,” Clymire stated in his report.

In order to save time and money, Clymire suggested waiving the normal bidding process and hiring the same demolition contractor who will soon be knocking down the Lake Sands Resort.

Clymire's report said that a “destination resort” is to be built at the site of the Lake Sands. Robert Affinito has stated that his family plans to develop a 50- or 60-room Mainstay Suites on the site, which the company said is a “midscale extended stay” type of hotel facility.

County staff, Clymire reported, has negotiated with Affinito “to develop a parking lot where the clubhouse currently stands that will be utilized for public lake access and some of the resort's parking needs.”

Seely said the Affinito project is still in the “predevelopment phase.”

“At this point Affinito is not being offered anything,” Seely told Lake County News. “They had requested that the county would lease the parking lot area, which includes the footprint where the two buildings are, to support the project.”

The arrangement wouldn't include the beach, said Seely.

Supervisor Denise Rushing said the county has a limited amount of money, and already has given considerable money to the Lucerne Alpine Senior Center for renovations.

When the county agreed to invest in the senior center, Rushing said part of the agreement was that the center would act as a community meeting place, which had been a clubhouse function.

Rushing said the beach will remain available and accessible to the public.

As to the agreement to provide parking to Affinito, “We want to do what we can to encourage economic investment in the Northshore,” she said.

She added, “We need to make sure whatever agreement is reached, that everyone benefits.”

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 .

LAKEPORT – This Tuesday the Lakeport City Council will discuss the possibility of having a Habitat for Humanity building project in the city and decide what to do about an underground storage tank discovered during a city street project.

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

The agenda and supporting staff reports can be downloaded at http://www.cityoflakeport.com/departments/docs.aspx?deptID=88&catID=102 .

Habitat for Humanity, building houses in Lake County since 2002, is preparing to start on its 15^th building project, said President Richard Birk.

While the group's charter calls for serving the entire county, thus far all of the houses it has built have been in Clearlake, where it has been able to get lots donated and where the largest need also exists, said Birk.

The group has wanted to branch out to other areas, said Birk. “We've been talking to the city of Lakeport for some time.”

Bruce Shimizu, who had proposed to build an affordable income property on Berry Street, had gone to Habitat for Humanity and asked them to help take it over, said Birk, who recalled telling Shimizu that the project's infrastructure needed to be in place.

“I was a little nervous about the whole thing, what our commitment was going to be,” said Birk.

Shimizu also had gone to the city of Lakeport to ask for funding assistance, and had a promise of some predevelopment loans. However, Shimizu recently lost the land to foreclosure, as Lake County News has reported.

Recently, Mayor Ron Bertsch approached Birk to discuss initial interest in working together, and Birk said he was receptive to the idea.

Birk said if they could find infill lots for building, as well as getting permit fees waived – which can total between $10,000 and $15,000 – it would be a big step for the group.

There are many volunteers in the Lakeport area, said Birk. “I think we would get a lot of support.”

Bertsch said there hasn't been much low-income housing built in Lakeport, and he wanted to explore fulfilling those needs.

If he gets approval from the council, Bertsch said they can start exploring if there are available lots. The city can offer the permit waivers through the redevelopment agency, he added.

Working with Habitat for Humanity offers a less-expensive way of building affordable housing, he said. Bertsch explained that some of the larger proposed affordable housing projects would have cost the city a great deal more money.

“I'm hoping the council will back me up on this,” he said.

If they do, they can start exploring the possibilities, and Habitat can then come and make a formal presentation to the council at a future meeting, Bertsch said.

Underground storage tank, applications also on agenda

Also on Tuesday, City Engineer Scott Harter will ask the council for direction on what to do regarding an underground storage tank that was discovered during the Main Street and Forbes Street sidewalk project.

During excavation, the project's contractor found the fuel storage tank directly behind the proposed sidewalk, Harter's report said. None of the tank's contents were spilled during the excavation.

Harter said the tank, although mostly located on private property, appears to extend by 1 foot into the city's right-of-way, and it's the city's opinion that the city has no responsibility for its removal. Despite that, he said he expects the tank's owner to be at the council meeting to plead for city responsibility.

Initial cost estimates to remove the tank are for $5,500, an amount predicated on the materials not being hazardous and no leakage into the soil underneath. Costs could escalate quickly, Harter reported, if the soil underneath the tank is contaminated.

The council also is set to receive an update about drainage problems in the Pier 1900 area, located along S. Main Street.

A letter to Councilman Jim Irwin from Kenneth Boss, president of the homeowners association, said the issues, which he attributed to the city's controlled easement, is draining into the association's waterways and making the lagoon hazardous and unnavigable.

In other council business, under the council's consent agenda, which generally is accepted on a single vote at the beginning of the meeting, they will approve the Sept. 30 warrant register, the Sept. 15 council meeting minutes, receive the Lakeport Fire Protection District's annual financial report dated Sept. 7 and approve an agreement with Lakeport Camper & Truck for operation of a watercraft cleaning station.

In public presentations, the council will present a proclamation to Ron Raetz for his service to the Westside Community Park Committee and the city of Lakeport; approve Lakeport Elementary's application to hold its annual annual Halloween Parade on Main Street from 12:30 p.m. to 1:15 p.m. on Friday, Oct. 30, with additional requests for police escort and blocked streets; and approve the Clearlake Road Riders' application to hold a Toy Run Parade through Lakeport from 11 a.m. to 11:15 a.m. on Sunday, Dec. 6, which also includes requests for police escort and traffic control at Lakeport Boulevard, Third Street and 11^th Street.

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 .

LAKEPORT – A continuing discussion about the sheriff's use of a helicopter under a federal grant, consideration of demolishing the Lucerne Clubhouse and local water rights will be on the Board of Supervisors' Tuesday agenda.

The meeting will begin at 9 a.m. in the board chambers at the Lake County Courthouse, 255 N. Forbes St. TV Channel 8 will broadcast the meeting live.

The agenda can be downloaded at www.co.lake.ca.us/Government/Boards/Board_of_Supervisors/BOS_Agendas.htm .

At 2:30 p.m., the board is to receive an update from County Counsel Anita Grant on her exploration of hiring investigators to look at a sheriff's employee's flight training under a federal Drug Enforcement Administration grant.

At its Sept. 1 meeting, the board directed Grant to look into the matter in an effort to resolve whether or not Sgt. Dave Garzoli needs to reimburse the county for training expenses, as Lake County News has reported.

Garzoli was involved in a crash landing of a helicopter in late June, which brought the flight activities to the attention of the board. That has since given rise to a closer examination of how the sheriff's office used the grant funds.

At 2:45 p.m., the board will discuss a staff recommendation to demolish the Lucerne Clubhouse in order to turn the area into parking that would benefit the Affinito family's proposed plans for an extended stay hotel next door, as Lake County News has reported.

In an untimed discussion continued from Sept. 22, the board will consider taking a position on whether or not to apply for water rights in the Lake County Upper Putah Creek Watershed that the Callayomi

County Water District intends to abandon.

Other items on the Tuesday agenda include the following.

Timed items:

9:05 a.m.: Public comment. 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.

9:10 a.m.: Presentation of proclamation commending Charlotte Griswold for her many years of outstanding and dedicated service to the citizens of Lake County and for her extremely generous financial contributions toward the county’s acquisition of Mt. Konocti.

9:15 a.m.: Assessment Appeal Hearing, Dorta Watson - Application No. 2008-242 - Assessment Parcel No. No. 050-902–090; located at 9995 Meadow Drive, Cobb; James Watson - Application No. 2008-243 - Assessment Parcel No. 050-864-020; located at 10055 Meadow Drive, Cobb.

9:45 a.m.: Consideration of request from Joshua Lutzenberg for waiver of the Construction Traffic Road Fee in the amount of $1,616 for project located at 19844 Dale Court, Hidden Valley Lake, APN

114-042-03.

10:15 a.m.: Public hearing, Planning Commission’s recommendation for approval of the following General Plan amendment proposal (GPAP 09-01) and REZONE (RZ 09-04), the applicant is the county of Lake: GPAP 09-01 and RZ 09-04 are proposing a partial general plan amendment from Resources Conservation to Rural Residential project is located at 1000 Robin Hill Drive, Lakeport (APN 004-024-15); a partial general plan amendment from Resource Conservation to Rural Residential project is located at 729 Nice-Lucerne Cutoff, Lakeport (APN 004-024-14); a partial general plan amendment from Rural Residential to Resource Conservation and a zoning change from “RR” (Rural Residential to “TPZ” (Timber Preserve), project is located at 9355 Wildcat Road, Kelseyville (APN 011-042-08); a general plan amendment from Rural Lands to Resource Conservation and a zoning change from “RL” (Rural Lands) to “TPZ” (Timber Preserve), project is located at 9465 Wildcat Road, Kelseyville (APN 011-068-50); a zoning change from “A” (Agriculture) to “M2" (Heavy Industrial), project is located at 4545 Loasa Road, Kelseyville (APN 008-038-06); and a zoning change from “APZ” (Agriculture Preserve) to “RR” (Rural Residential), project is located at 2595 Scotts Creek Road, Lakeport

(APN 005-026-25); and adoption of a Negative Declaration for said GPAP and Rezone, based on Initial Study 09-29.

10:30 a.m.: Hearing, notice of nuisance abatement - 7120 Morton St., Nice (APN 030-182-30 - Edward J. Tiscornia, Jr.). Continued from Sept. 15.

11 a.m.: Public hearing, intention to vacate a portion of a public roadway, Ponderosa Lane, located along the westerly boundary of the Villa Blue Estates Subdivision (Blue Lakes), Upper Lake area.

1:30 a.m.: Status report on Lampson Field Airport and request for board direction regarding future development of the airport.

Nontimed items:

– Supervisors’ weekly calendar, travel and reports.

– Discussion/consideration of request to establish a permanent geothermal and illicit discharge coordinator position and approval of job description.

– Consideration of award of Bid No. 09-07 for the construction of Sulphur Bank Drive PM 1.94 Storm Damage Repair Project.

– Consideration of award of Bid No. 09-35 for construction of Soda Bay Road Rehabilitation and Overlay Project a MP 11.9 to MP 13.8.

– Discussion/consideration of master agreements between the county of Lake and RGH Consultants, De Leon Engineering, Green Valley Consulting Engineers, Ruzicka Associates and SHN Consulting

Engineers & Geologists Inc. for construction management inspection, surveying and testing services (each agreement not to exceed $100,000).

– Ordinance amending the charges and fees for County Service Area (CSA) #16 - Paradise Valley. Second reading, advanced from Sept. 22.

Consent agenda:

– Adopt proclamation commending Charlotte Griswold for her many years of outstanding and dedicated service to the citizens of Lake County and for her extremely generous financial contributions toward the county’s acquisition of Mt. Konocti.

– Appoint Kati Galvani to the Maternal, Child and Adolescent Health (MCAH) Advisory Board for a term expiring on January 1, 2001.

– Approve agreement between the county of Lake and Mt. Konocti Facilitation for economic development activities in the amount of $25,000, and authorize the chair to sign.

– Approve agreement between the county of Lake and Lake County Winery Association to fund special marketing and promotional projects in the amount of $10,000, and authorize the chair to sign.

– Approve memorandum of agreement between the county of Lake and the city of Clearlake for animal shelter services (city of Clearlake to pay the county of Lake an amount not to exceed $50,000), and

authorize the chair to sign.

– Adopt Resolution No. _____ appropriating unanticipated revenue in the amount of $1,452 (received from Fedco Construction for the replacement of a damaged awning at the Visitor Information Center),

Budget Unit 1890 - Visitor Information Center).

– Adopt Resolution No. _____ appropriation unanticipated revenue in the amount of $270,229 (received from California Department of Public Health), for the CDC Public Health Emergency Response H1N1 Phase I and II and Hospital Preparedness Program H1N1 combined grant funding - Budget Unit No. 4011 - Health Services; and adopt Resolution No. _____ approving the 2009-10 CDC Public Health Emergency Preparedness (PHER), State General Fund (GF) Pandemic Influenza and Hospital Preparedness Program (HPP), and authorize the Board Chair to sign Non-Supplantation Certification.

– Authorize the Lake Pillsbury Fire Protection District’s audits to be performed every other year, as recommended in district’s resolution 09-1.

– Approve permit to conduct aeronautical activities at Lampson Field Airport (Jack Olof), and authorize the chair to sign.

– Approve permit to conduct aeronautical activities at Lampson Field Airport (Lake Areo Styling and Repair), and authorize the chair to sign.

– Approve permit to conduct aeronautical activities at Lampson Field Airport (Newhall Aviation Services), and authorize the chair to sign.

– Approve permit to conduct aeronautical activities at Lampson Field Airport (REACH Air Medical Services), and authorize the chair to sign.

– Approve permit to conduct aeronautical activities at Lampson Field Airport (Steve’s Aircraft), and authorize the chair to sign.

– Approve engineering and inspection agreement between county of Lake and Mike Humble for review of plans and specifications and inspection of work for a tentative parcel map (PM 07-11), located at

3100 Keeling Ave., Lakeport, and authorize the chair to sign.

– Accept irrevocable offers of dedication for roadway and public utility purposes, (a portion of APN 008-045-26 - Mortgage Electronic Registration Systems, Inc; 008-045-26 - U.S. Bank Trust Company,

National Association; and 008-045-26 Ralph L. Rittenhouse and Catherine A. Rittenhouse), Davis Drive southerly of Merritt Road, Lakeport, and direct clerk to certify for recordation.

– Approve grant deed and direct clerk to certify for recordation (a portion of APN 002-025-35 - Marvin B. Conley, Jr.), and approve purchase agreement between the county of Lake and Marvin B. Conley Jr. for Elk Mountain Road Storm Damage Project and authorize the chair to sign.

– Approve grant deed and direct clerk to certify for recordation (a portion of APN 024-071-67 - Westgate Petroleum, Inc.), and approve Purchase Agreement between the county of Lake and Westgate

Petroleum, Inc. for Kelseyville Main Street Sidewalk Project and authorize the chair to sign.

– Adopt Resolution No. _____ setting rate of pay for election officers for the Nov. 3 Consolidated General District Election pursuant to Section 12310 of the Elections Code.

– Authorize the sheriff’s department to destroy jail records (arrest booking files for fiscal year 2002/2003 and earlier), pursuant to Government Code 26202.

– Approve fiscal year 2010 Operating and Financial Plan for Cooperative Patrol between the county of Lake and the U.S. Forest Service for enforcement efforts on Forest Service land (Pillsbury area),

and authorize the chair to sign.

– Approve the California Emergency Management Agency fiscal year 2009 Grant Assurances for Homeland Security Grant funding and authorize the chair to sign.

– Approve the reappointment of Nikki White (public representative) to the Lake County Air Quality Management District Hearing Board for term expiring Oct. 6, 2012.

The county also will hold a closed session for labor negotiations.

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 .