LAKEPORT – At the request of a cell phone company representative, the Lakeport City Council on Tuesday evening agreed to put off hearing an appeal of a cell tower project.

Last month the Lakeport Planning Commission approved an application from OmniPoint Communication/T-Mobile for an 85-foot-tall cell tower – that will be disguised to look like a large pine tree – at 280 Third St.

Ross Kauper, a downtown property owner and member of the Lakeport Planning Commission, filed an appeal of the May 13 decision, from which he recused himself.

City Planning Services Manager Andrew Britton introduced the appeal and the supporting documents to the council, with Mayor Ron Bertsch then opening up public testimony.

Sierra Club Lake Group Chair Victoria Brandon urged them to reconsider the project, noting that the Sierra Club is not against cell towers.

She said they supported a T-Mobile cell tower application for a Middletown location that went before the Lake County Planning Commission last month.

That tower was co-located with another tower; Brandon said T-Mobile representatives had stated the company was coming into the county but didn't mention it had another project in Lakeport that wasn't co-located.

Brandon said the proposed tower would be an eyesore in downtown Lakeport. The city's zoning allows for such towers – with a use permit – everywhere but in the business district as a way to preserve the city's character.

The tower, which will be located on the edge of the business district, will dominate the view from many parts of downtown Lakeport, Brandon argued.

“It's right across the street from the courthouse,” she said. “Everyone's going to see it in all its plastic glory.”

Brandon suggested an easy alternative – having it co-locate with a cell phone tower that's already located on the courthouse roof. The report noted an attempt to co-locate, but Brandon doubted it was a serious one.

She said she found out the co-location issue would be up to Public Services Director Kim Clymire, who said he was willing to consider a request to place T-Mobile's tower there. “Feel free to quote me on that!” his message to Brandon said.

Brandon said a good faith attempt should be made by T-Mobile to work with county, which is part of city's general plan. She added that the existing use permit on this site has conditions that haven't been met.

“This is a really easy way out,” she said of co-locating with the county facilities.

Allen Potter of Eagle Point, Ore.-based Eagle Consulting Group – representing T-Mobile – asked the council to delay the hearing until the full council was present. Three members were at the meeting – Suzanne Lyons, Bob Rumfelt and Bertsch – and the meeting was 15 minutes late in getting started as they waited for Rumfelt to appear to form a quorum.

Potter told the council he was surprised they took testimony from someone who wasn't the appellant.

The council was open to holding off on the hearing. In the mean time, Rumfelt suggested that T-Mobile should contact the county to discuss the co-location issue.

Community Development and Utilities Director Mark Brannigan said such negotiations are separate from the decision before the council.

Potter said he would communicate the suggestion to T-Mobile, but that when he returns for the hearing the issue will be the appeal, not the co-location issue.

The council agreed to continue the item until July 21.

Kauper then came forward to give testimony, but City Attorney Steve Brookes told him to hold off until the July 21 meeting.

In other council news, the council held a hearing for a $400,000 Community Development Block Grant to help with low-income housing rehabilitation. Following the brief public hearing, the council approved the application 3-0.

The council also approved a 15-percent reduction in a $30,000 annual grazing lease on the City of Lakeport Municipal Sewer District property because lessee Lee Mora said he was having a hard time maintaining his herd numbers due to the dry conditions; issued a notice of completion on the South Main Street Drainage Improvement Project; and agreed to support Lake County Vector Control's benefit assessment, which will cost the city an additional $481.02 annually on city-owned properties.

In one of its final actions of the night, the council gave unanimous approval to directing City Clerk Janel Chapman to send a letter to the state Legislature in support of AB 715.

The bill, which will be heard by a Senate committee on Wednesday, would save the city significant amounts of money, said Chapman. That's because it will allow the city to publish ordinances – within 15 days of passage – on the city's Web site and to mail notices in lieu of publishing the ordinances in the newspapers, as state law has required for decades. All other notices of hearings would still be published in newspapers, Chapman said.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

NOTICE OF AVAILABILITY – PUBLIC REVIEW DRAFT HOUSING ELEMENT (2008-2014)

The Public Review Draft Housing Element, an update to the Housing Element of the City’s General Plan, is available for public review and comment. The document has been submitted to the State Department of Housing and Community Development for review during this public review period. The Housing Element is required by State law to identify and analyze existing and projected housing needs in order to preserve, improve and develop housing for all economic segments of the community. The City of Lakeport is updating the Housing Element consistent with the requirements of State law. The Public Review Draft Housing Element addresses the City’s housing needs through 2014.

The Public Review Draft Housing Element addresses the following topics:

* Review and evaluation of the 2004 Housing Element;

* Population growth and employment trends;

* Household characteristics;

* Housing costs and vacancy rates;

* New construction and special population housing needs;

* Resources available for housing production;

* Inventory of available residentially zoned land;

* Governmental and non-governmental constraints to housing production;

* Energy conservation measures; and

* Existing affordable housing developments.

The Public Review Draft Housing Element includes a Housing Program, establishing goals, policies, and implementation programs to address the City’s housing needs.

The Public Review Draft Housing Element update may be reviewed at the City of Lakeport Community Development Department, Planning Division, 255 Park Street, during normal business hours. Copies of the Draft Housing Element update will also be available for public review online: http://www.cityoflakeport.com/docs/HE_HCDReview_Lakeport-68200941201PM.pdf .

All interested parties are invited to review the draft document and express their opinions. The public comment period is sixty (60) days and will close on August 7, 2009. Please submit comments to Mark Brannigan, Community Development Director, at 255 Park Street, Lakeport, CA 95453 or by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. .

 

_____________________________________

Mark Brannigan

Community Development Director

CLEARLAKE – At its June 11 meeting the Clearlake City Council accepted audit results for the city and redevelopment agency, accepted a new auditing firm and set up workshops to finish crafting its 2009-10 fiscal year budget.

Finance Director Michael Vivrette presented the audit results to the council, which included a State Transportation Improvement Project fund audit for the city's major road project last year.

Vivrette said the audit – completed by Smith & Newell, CPAs, the same firm that has auditing the city for about 15 years – was clean and unqualified.

Vice Mayor Judy Thein noted that she had asked for the audits to be postponed from the May 28 meeting so she and fellow council members could have more time to go through the voluminous reports.

She said she and Councilman Curt Giambruno spent considerable time going through the reports with staff, and she thanked staffers for taking the time to explain and review the audits.

Thein moved to accept the audits, with Council member Joyce Overton seconding. The council approved the audits 5-0.

Vivrette also asked the council to approve his recommendation to select a new auditing firm, Lance, Soll & Lunghard LLP, for fiscal years 2009-10, 2010-11 and 2011-12.

He said that he issued a request for proposals (RFPs) at the council's instruction.

In recent years, the costs for audits have risen sharply, from about $16,000 to $30,000 this year, Vivrette said.

“Much of that is due to the fact that auditing services have become much more complex in the post-Enron period,” he said, with auditors taking on more responsibilities.

Vivrette said he identified 10 auditing firms that have done audits in Northern California for similar-sized cities. He sent RFPs to the 10 firms, spoke with seven and received written proposals from four large- and medium-sized firms.

In summarizing the firms, he said he wanted more than just audit service, but also sought out auditors who would be able to offer perspective on how other cities the same size as Clearlake handle their finances.

Vivrette said the cost estimates the firms submitted to audit the city are similar to what it's already paying. Three came in at a slightly lower price than the city is currently paying.

He offered the council the following summaries:

– Lance, Soll & Lunghard LLP, based in Brea, proposed completing the audit in 273 work hours. Costs for the three fiscal years were $27,500, $28,325 and $29,175, respectively, for both the city and redevelopment agency, with their audit also covering state reports. The firm also audits Malibu, Temecula, Canyon Lake, Big Bear Lake and Emeryville.

– Moss, Levy & Hartzheim LLP, with offices in Beverly Hills and Santa Maria, audit Pacifica, Eureka, Yuba City, Tracy and Winters. The total audit work hours would be 348, and would cost $27,360, $28,180 and $29,030 for the city and redevelopment agencies for audit years 2009-10 through 2011-12, respectively. State reports are not included, and the firm would charge as much as $3,170 for a single audit fee.

– Mann, Urrutia, Nelson, CPAs & Associates LLP of Sacramento audit the towns of Windsor and Moraga, and the cities of Pinole, Dixon and Hollister. The total estimated work hours would be 220, with the audits for the three years costing $34,000, $32,200 and $32,200, respectively, for both the city and redevelopment agency. State reports would not be included, and an additional $1,800 single audit fee would be charged.

– The only local firm to submit a proposal, Sturges, Pehling & Associates of Kelseyville, audits Lake County Vector Control, Kelseyville Cemetery District, Buckingham Water, Esparto Community Service District and Habitat for Humanity. The firm estimated the audit work would take three to five days, and the final cost would include a single audit but no state reports. Total charges for the three years for the city and agency would be $32,000, $33,000 and $34,000, respectively.

In reviewing the firms, Vivrette said he looked at their auditing teams, all of which were well-qualified. He said one firm proposed completely the audit in a very short amount of time, which he didn't believe was realistic, so he downgraded that firm. The last time the city was audited the auditors only spent two days at the city.

Although Smith & Newell has done a good job for the city, Vivrette believed the city will get better service from a firm that doesn't know them quite as well.

He said that Lance, Soll & Lunghard, LLP is anxious to get the city's business. The firm's price was the lowest, “but that's not the reason I recommended them,” he said.

Community member Estella Creel asked who compiled the list of firms to approach. Vivrette said he did by doing a Web search for similar-sized cities. Some of the cities had their online financial statements online, which helped him locate the firms.

Thein moved to approve the choice, with Overton seconding. The council approved the selection 5-0.

The council then moved to set up budget study sessions for the 2009-10 fiscal year budget.

City Administrator Dale Neiman said they had just finalized the draft budget that day and needed to set up the workshops in anticipating of a public hearing that will take place at the first meeting in July. Neiman said if the council isn't ready to accept the budget at that time, they can wait.

The council set the workshops for 8 a.m. Thursday, June 18, and 8 a.m. Friday, June 26, in the council chambers at city hall.

Neiman also updated the council on the city's insurance rating.

He said the city is required to send representatives to an annual meeting of its insurance group, PARSAC, where they were updated on significant changes.

Neiman said PARSAC has made two recent policy decisions. The first will be adjusting rates for liability and workers compensation insurance based on an “ex mod factor” as a way of keeping cities that aren't doing a good job at reducing liability from being subsidized by others.

The news about the city's liability rating wasn't good.

“We had the fifth worst record out of 37 cities,” Neiman said. “Our rates are being increased to reflect that.”

Another major change involves changing deductible unilaterally. Neiman said the city previously had a $0 deductible for workers compensation; it's since been changed to a $50,000 deductible to reduce the city's rates. He said the city's ex mod factor for workers compensation is good.

Based on its poor risk management record, Neiman said the city could be looking at those deductibles rising to between $75,000 to $100,000.

In other business, the council gave Neiman direction to begin negotiating a contract with the county to provide sewer collection system improvements in the system and approved several property abatements.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKEPORT – The ongoing efforts to keep invasive mussels out of Clear Lake, an update on the proposed closure of the county garbage transfer station in Lakeport and improvements to the Kelseyville Wastewater Treatment Plant are 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., Lakeport. TV Channel 8 will broadcast the meeting live. The meeting agenda can be found at www.co.lake.ca.us/Government/Boards/Board_of_Supervisors/BOS_Agendas.htm .

At 10:15 a.m., the board is scheduled to hold a workshop with the county's Mussel Task Force regarding the current status of the Lake County Invasive Species Prevention Program.

They also will discuss continued efforts to prevent the infestations of invasive quagga and zebra

mussels in water bodies within the county. In recent weeks the board has held discussions over selling the decontamination stations it purchased last year, as well as looked at the effectiveness of its programs.

The discussion regarding the closure of the Lakeport Transfer Station will be held at 9:15 a.m., along with consideration of a proposed amendment to the solid waste handling and recycling services contract between the county of Lake and Lake County Waste Solutions to establish equivalent tonnage fees in the amount of $35 for green and woodwaste rates.

Public Services Director Kim Clymire's report to the board explains that the transfer station has seen a significant decline – of 66 percent – in both the number of customers and its tonnage over the last seven years.

“The reasons for the decline are positive and are attributed to increased recycling and participation in curbside service, both voluntary and mandatory,” Clymire notes.

However, the economic downturn also has impacted the Solid Waste Division's overall tonnage and revenues, he explained, with revenues alone dropping 20 percent.

Clymire said the transfer station's revenue is no longer covering operational costs and aging equipment needs to be replaced.

Lake County Waste Solutions is proposing to take over transfer station operations, which is expected to net the county a savings of $250,000 annually, Clymire reported.

“The cost savings will allow the Solid Waste Division to continue its attractive tipping fees at the landfill, and in turn, keep curbside rates affordable,” he said, noting other low-cost programs also will be able to continue.

Solid Waste Division staff is planning for a transition date of Oct. 5 to allow Lake County Waste Solutions time to complete construction.

In other board business, Special Districts Administrator Mark Dellinger will ask the board for authorization to act as the authorized representative for the Kelseyville Wastewater System Improvement Project for Kelseyville County Waterworks District No. 3.

Tthe board also will consider a resolution authorizing the waterworks district to reimburse the State Water Resources Control Board for State Revenue Bond Funds that will be used to construct wastewater system improvements at the Kelseyville Wastewater Treatment Plant, as well as an agreement between the waterworks district and the State Water Control Board for loan and grant funding totaling nearly $3.5 million that will be used for wastewater plant improvements.

Dellinger's report to the board notes that the plant currently is under a cease and desist order from the Regional Water Quality Control Board. The plant improvement project is expected to be put out to be in the next few weeks. Construction will start this year if the state receives stimulus funds to support the grant funding.

Other items on the agenda are as follows.

Non-timed items:

– Discussion/consideration of contract between the county of Lake and Women’s Recovery Services for provision of residential treatment services for women experiencing alcohol or drug related problems (in the amount $11,743).

– Discussion/consideration of contract between the county of Lake and S & S Electric to supply (purchase) and install an 80KW generator at the Lake County Sheriff’s Department, Emergency Operations Center in the amount of $47,950.

– Discussion/consideration of contract between the county of Lake and Arrow Fencing to supply (purchase) and install a security fence and CCTV cameras at the Sheriff’s Department, Central Dispatch Facility in the amount of $33,200.

– Update on the emergency action taken on Dec. 9, 2008, regarding the prohibition of fish stocking by the Department of Fish and Game in water bodies of Lake County.

The board also will hold a closed session to discuss labor negotiations, discuss two potential cases of litigation and one existing case, and hold a performance evaluation for Animal Care and Control Director Denise Johnson.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKEPORT – The Lakeport City Council will consider an appeal of a Planning Commission decision allowing a new cell tower in the city limits and decide if it should support a new vector control benefit assessment.

A budget workshop will be held at 5 p.m., to be followed by the regular council meeting at 6 p.m. in the council chambers at Lakeport City Hall, 225 Park St. The meeting's agenda and staff reports can be found at www.cityoflakeport.com/departments/home.aspx?deptid=88 .

On May 13, the Lakeport Planning Commission approved an application from OmniPoint Communication/T-Mobile for a wireless communications facility and ground based equipment cabinets within a fenced enclosure at 280 Third Street, in a professional office zoning district.

The tower, which will allow T-Mobile to operate in the Lakeport area, will be an 85-foot-tall “monopine-style” antenna; a picture of such an antenna included in the report makes it appear to be a tall pine tree.

The commission approved the tower 3-1, with Commissioner Ross Kauper abstaining because he owns property within 300 feet of the project.

It was Kauper who filed the appeal against the tower, noting that the project's visual impact isn't consistent with the goals of the Lakeport General Plan.

Kauper also argued that the applicant didn't show adequate effort in co-locating the tower in a less obtrusive location, and hasn't evaluated the impacts of the combined electromagnetic radiation on the fourth floor of the courthouse and other facilities within a 500-foot radius. The tower's height, he added, “exceeds that of all structures within the downtown area.”

A letter from Allen Potter of Eagle Consulting Group, acting on behalf of T-Mobile, accuses Kauper of having a conflict of interest, failing to removing himself entirely from the May 13 proceedings or provide testimony in opposition to the proposal. It also argues that the tower complies with the general plan and that it did submit a study showing the project complied with Federal Communications Commission requirements.

A thorough staff analysis of the appeal appears to support the Planning Commission's decision, which is based on numerous conditions.

The council also will be asked to cast its vote on the proposed benefit assessment from the Lake County Vector Control District. The district is seeking to establish a new annual assessment charge to help it maintain and upgrade existing services and facilities, such as its laboratories.

The city owns several pieces of property, and if the assessment is passed would pay an additional $481.02 per year, according to a report from City Clerk Janel Chapman.

Chapman also will ask the council to authorize her to send a letter to the state Legislature in support of AB 715, which will allow the city to post final ordinances on its Web site, rather than publishing them in the newspaper, as has been required for decades. Her report explains that at least 64 cities, including Clearlake, have sent letters supporting the bill.

Her report to the council notes that in fiscal year 2008-09, the city spent $8,609.45 in advertising and public notices, spending $13,444.08 for legal advertisements the previous year.

“A recent example of the cost of adopting an ordinance would be the fireworks ordinance that the City

Council adopted at its last meeting,” she wrote. “The invoice for the publication of the fireworks ordinance is $480.55. That does not even take into consideration the cost of the Notice of Public Hearing in the amount of $52.77 for that ordinance.”

In other business, the council will hold a public hearing to receive community input on the fiscal year 2009/2010 Community Development Block Grant General Allocation application, which supports the city's low-income housing projects. It will then convene jointly as the City of Lakeport Municipal Sewer District (CLMSD) board of directors to consider a request to reduce the payment scheduled for a grazing lease agreement on the CLSMD spray irrigation disposal facilities.

City Engineer Scott Harter will take a notice of completion to the council on the South Main Street Drainage Improvement Project. He's seeking the council's authorization to have the mayor sign the agreement and direct staff to record the notice of completion and accept the project as complete.

The council also is expected to adopt a resolution updating the locations of prohibited parking zones within the city. Specifically, the resolution will extend the bus zone an additional 20 feet to the south on the west side of Main Street, directly south of Third Street.

Under presentations, the council will present a proclamation recognizing June 14 as the Army's 234th birthday, approve an application for the Lakeport Yacht Club to conduct a cardboard and duct tape boat race at Library Park between the First and Third Street boat ramps on July 4 from 11 a.m. to 1 p.m.; approve the Lake County Rodeo Association application to hold an all horse parade on Saturday, July 11, from 4 p.m. to 5:30 p.m.; and approve the application for the Sponsoring Survivorship Annual

Walk/Run from Bank of America to Lakeshore Boulevard on Saturday, Oct. 3, from 7 a.m. to 1 p.m.

The council also will hold a closed session to discuss negotiations with the Lakeport Employees Association and evaluate the performance of Kevin Burke, the city's police chief and interim city manager.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKEPORT – The Board of Supervisors agreed Tuesday to send a letter to the state to seek ways of keeping Anderson Marsh State Historic Park open, despite the park being placed on a potential closure list.

Anderson Marsh, located on Highway 53 between Clearlake and Lower Lake, came up on list of 220 state parks Gov. Arnold Schwarzenegger is proposing to shutter due to budget constraints.

Last year, Schwarzenegger had proposed closing 48 state parks, a list that also included Anderson Marsh and Clear Lake State Park, as Lake County News has reported. Because Clear Lake State Park gets boat and gas tax fees, it would be spared under the plan, while parks that receive state general funds could be cut.

On Tuesday the board discussed sending a letter to the state regarding the park closures, but county staff and officials agreed that a moderated approach needed to be taken.

County Administrative Officer Kelly Cox emphasized that it was important that Clear Lake State Park was not on this year's list. “I think it is absolutely essential that that park remains open,” he said.

He passed along a caution to the board that he said county staff received when they visited with state officials two weeks ago. Cox said they were told not to continually ask to be spared cuts, because cuts are coming in one form or another.

“We have to determine at some point what is the highest priority,” said Cox, adding that it needs to be made clear that Clear Lake State Park is a priority.

He suggested there are alternatives for keeping Anderson Marsh open, including the county working with the state.

The state is proposing to make major cuts to many programs that in the past would have been unthinkable to reduce, said Cox.

That includes gas tax revenues the state is suggesting taking from counties. “If they take all of our gas tax revenues we can't maintain roads anymore,” he said, and that would necessitate laying off half of the county's roads department.

“Something has to be cut, so be careful what you ask for,” he said.

Supervisor Jeff Smith said he believed there was a possibility of volunteers helping keep Anderson Marsh open, a sentiment that Gae Henry, secretary of the Anderson Marsh Interpretive Association Board of Directors had shared with Lake County News previously.

Smith said the letter the county sends to the state should express thanks for keeping Clear Lake State Park open. He said Anderson Marsh isn't as “high impact” as Clear Lake State Park.

Supervisor Anthony Farrington echoed Smith's comments, saying he assumed Anderson Marsh would require less manpower than its local sister park.

He agreed that they needed to arrive at priorities, considering cuts are coming, adding, “I support whatever we can do to protect the park.”

Supervisor Jim Comstock said the board shouldn't oppose all cuts across the board, but said closing Anderson Marsh would be “tragic” for the county.

He suggested seeking creative solutions to keep it open, noting that state parks offer communities tremendous cultural advantages.

Comstock said it's important to look at the fiscal impact of a park to its surrounding community and determine if that is greater than the cost of the park's operation.

Recalling efforts last year in delivering to Sacramento petitions to spare local parks, Supervisor Rob Brown noted that in a year's time the state's condition has changed dramatically – for the worse.

“As bad as it sounds, for them to compromise that only one park would be considered is a big step,” he said of local parks.

Last year, the state was open to options of working with the county to keeping its parks open, he said.

Cox said many people don't know about some of the state cutbacks being considered, many of them “safety net” programs that will impact many peoples' lives. “Something has got to give,” he said. “There are going to be cuts.”

Support for finding alternatives to spare park

Smith suggested the county's letter to the state should be worded in such a way that it offers alternatives for keeping Anderson Marsh open with volunteer help.

Victoria Brandon of the Lake County Sierra Club suggested this is a great opportunity for local groups and the county parks department to sit down and come up with a proposal for keeping Anderson March open. “I think we can find a solution.”

She said the county's letter should encourage the state to work with local groups.

Roberta Lyons, president of the Anderson Marsh Interpretive Association, said she felt Smith was approaching the situation from a good perspective.

Lyons said the group has volunteers ready and willing to go through fingerprinting, training and any other state requirements in order to get the clearance to operate the park.

She raised concerns over protecting the park's archaeological resources, which would be more in danger than ever if the park were closed. Vandalism at those sites already has been an issue, she said.

Anderson Marsh Interpretive Association is willing to put money toward the park's operation, Lyons said. She added that she appreciated the board's support. “I think we should be able to make this work.”

The board agreed to send the letter, offering local support options, to the state.

That action comes just as a state university has completed a fiscal analysis of the importance parks have for their communities.

California State University, Sacramento, released a study on Monday that found that 74.9 million people visit California state parks annually, spending an average of $4.32 billion per year in park-related expenditures.

A report issued last year by the California State Parks Foundation found that Anderson Marsh is visited by 43,499 people each year.

This Saturday, the Anderson Marsh Interpretive Association will present “A Day In Your Park” from 10 a.m. until 4 p.m. at Anderson Marsh.

They'll offer guided walks, tours of the old ranch house, music by local bands, Children’s Museum of Art and Science activities and more. The cost for the event is $2 for adults and $1 for children.

Petitions supporting Anderson Marsh will be available at the event.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .