LAKEPORT – In an effort to fight the easy access the county's young people have to tobacco products, the Lake County Tobacco Coalition is proposing a new retail licensing program, and they'd like to start the program in the city of Lakeport.

Coalition members were on hand for a presentation to the Lakeport City Council on Tuesday that outlined the proposed program and how it would work.

Businessman and coalition member Lowell Grant told the council that the reason for taking the step is simple – minors have no trouble getting their hands on tobacco, and there's no incentive for law enforcement to enforce sales regulation.

Grant said tobacco kills more than 440,000 people annually. The roots of that major health issue start when people are younger. “Very rarely does an adult start smoking,” said Grant. “It happens when you're 16.”

Having lost his own mother to lung cancer from second-hand smoke, and his father to a heart attack after years of smoking, Grant said, “Smoking has kind of been an issue for me my whole life.”

Grant said US tobacco companies engineer their cigarettes to be more addictive and, therefore, more deadly.

City Clerk Janel Chapman, a coalition member, presented a PowerPoint on the proposal, first going over current state laws, which prohibit selling or otherwise furnishing tobacco products to minors. “They're not all being enforced as they should,” she said.

AB 71, passed in 2003, was meant to reduce cigarette smuggling and loss of tobacco tax revenues, but that law only suspends a retailer's license after they've been convicted of selling to minors four times in one year, Chapman explained.

She said the law doesn't deter retailers from selling to minors. The state's enforcement program also isn't adequate, only conducting 2,500 compliance checks a year, which amounts to about 3 percent of the state's 80,000 tobacco retailers. State law also doesn't provide funding for the programs.

Chapman said enforcement is especially difficult in rural areas, where resources are less, and therefore the number of young smokers is higher.

However, state law doesn't preempt local government from creating their own laws and enforcement programs, such as the one the coalition is proposing, Chapman noted.

Chapman said 86.4 percent of Californians are nonsmokers. Second-hand smoke contains 4,800 chemical compounds, 69 of which are known as carcinogens. She said tobacco kills more people than murders, suicides, driving under the influence and HIV combined.

Locally, 43.6 percent of Lake County's tobacco retailers have sold products to minors in the period covered by the 2005-08 Youth Purchase Survey, said Chapman. Those numbers are especially concerning since almost all smokers start in their teens, and every day nearly 6,000 children under age 18 start smoking.

To help reduce those numbers, Chapman said the coalition is proposing that the city adopt an ordinance that would provide for the licensing of tobacco retailers in the city.

The ordinance would require retailers to apply annually to be licensed. Those that sold tobacco to minors could have their licenses revoked if they violated the law repeatedly.

“We hope that through this fewer youth will start smoking,” she said, adding that it also sends a message to children that adults are concerned about them smoking.

Costs to administer the program would include reviewing and approving licensing applications, collecting and accounting fees and tracking applications.

Chapman said there also would be operational costs for youth decoy operations conducted by law enforcement.

Based on an estimate of 12 stings a year, the potential costs would be $9,442, but that would be covered by a fee that hasn't yet been determined, Chapman said.

Because the program would pay for itself, Chapman said there would be no negative financial implications for the city.

“Most of these fees will all be recoverable by the merchants through the tobacco companies,” she said. Merchants would have to add only half a cent per pack of cigarettes sold to cover the cost.

The positives would be the creation of a funding stream to deal with tobacco retailers, and fewer teens smoking, said Chapman.

The coalition conducted a public opinion survey that found that 51 percent of people thought it was easy for youth under age 18 to get tobacco products in the city of Lakeport, higher than Clearlake (40%) and the county (50%), Chapman reported.

The survey also found that 80 percent of those surveyed thought retailers should be licensed, she added.

Lakeport wouldn't be alone if it adopted such an ordinance – Chapman said 63 other California cities currently have tobacco licensing ordinances in places, as do four counties.

Chapman said the coalition is asking for the council to discuss implementing and ordinance establishing a retail licensing program. Council members Bob Rumfelt and Suzanne Lyons said they were supportive of the idea, with Councilman Jim Irwin saying he was not.

Mayor Ron Bertsch said he felt it was law enforcement's job to enforce current laws. Grant told the council that law enforcement already is maxed out in its current duties.

Interim City Manager and Police Chief Kevin Burke said the only way to run the kind of sting operations Chapman mentioned is undercover, which requires overtime. Rumfelt pointed out that the program would help cover those costs.

He added that the cost of cigarettes now should be already be “astronomical.” Grant said the true cost of a pack of cigarettes to society is estimated to be about $20 a pack. He said that 20 percent of forest fires are caused by cigarettes.

Rumfelt, who had worked in a tobacco education program while in law enforcement, said despite that his own daughter – then 15 – started smoking, and it took her about 12 years to finally quit. “I understand the grip tobacco can have on you.”

Chapman said the ordinance would be drafted with the help of the police department. Burke said that the proposed ordinance would allow the council to set its annual licensing fee by resolution.

Burke noted that his department wouldn't be able to do the estimated 12 stings annually that Chapman's presentation mentioned.

Grant said cigarettes are as addictive as heroin, and he wishes they were taken as seriously.

Rumfelt pointed out that local rancherias have smoke shops, where people will be able to buy tobacco cheaper than in the city if the ordinance is passed.

“The fact is, we're never going to make it perfect, but we can start to make it better,” said Grant. “It's got to start somewhere and we're hoping it starts here.”

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Supervisors' approval for the agreement between the county and Lake Family Resource Center, which is building the Freedom House domestic violence shelter, was unanimous.

County Administrative Officer Kelly Cox said the county has been setting aside money from onetime revenue sources over the last couple of fiscal years in order to assist with the domestic violence shelter's development. That's how it raised the $175,000 it will pay Lake Family Resource Center.

The shelter effort also has obtained grant funds from other sources, and now was requesting the $175,000 be released to them, said Cox.

Staff presented the proposed agreement between the county and the shelter, and recommended the board's approval.

Gloria Flaherty, Lake Family Resource Center's executive director, thanked Cox and Administrative Analyst Doug Willardson for their work on the contract.

Flaherty explained that the center is in the process of a capital campaign to fund the shelter, which they originally had planned to build. But those plans have changed.

“One of the results of the real estate downtown was that we were presented with an opportunity to purchase an already constructed building that will serve our purposes very nicely for just about half of what it would cost us to construct one from scratch,” she said.

Flaherty told Lake County News in a previous interview that the full shelter project, as originally envisioned, was estimated to cost $2.6 million.

The shelter effort received a $1 million forgivable loan through the state's Emergency Housing Assistance Program, funded through Proposition 46, Flaherty said. The state has approved converting the loan from construction purposes to aid the building purchase.

Last Friday, the state notified the center that funding for the shelter is in place and is a “priority one” project, said Flaherty.

Meanwhile, the building purchase is moving forward, with the building in escrow, Flaherty said. “We anticipate being able to close escrow by the end of July.”

In addition to the $1 million forgivable loan and the $175,000 from the county, the capital campaign has raised $125,000. The latter two amounts will allow the center to renovate and improve the shelter building, and add a fence, alarm system and cameras, and a more appropriate kitchen space, said Flaherty.

The shelter is getting off the ground at a crucial time.

Flaherty said that, over the the last several years, the shelter's average number of residents has doubled, rising from about 10 people a night to 20. On a recent night they had 27 people.

“This new shelter will allow for 30 beds, and I'm afraid we're going to outgrow it before we move in,” she said.

Supervisor Anthony Farrington asked if the shelter will have any loans to repay or if it will be free of mortgages. Flaherty said they expect to have no mortgage on the shelter facility.

“That's awesome,” said Farrington. “It's turning out to be a real win-win.”

He asked about the Proposition 46 funds, which Flaherty explained will be forgiven if the facility continues to be operated as a domestic violence shelter for 10 years. During that time interest accrues at a rate of 3 percent annually, but they don't need to make payments, and that interest also will be forgiven if the shelter continues operation.

Likewise, the county agreement calls for Lake Family Resource Center to repay the $175,000 if the shelter ceases to operate.

Farrington said he hopes there will be an opportunity for Lake Family Resource Center, law enforcement, Victim-Witness and Alcohol and Other Drug Services to create a game plan for being more proactive in addressing local domestic violence abuse statistics.

Flaherty said they're encouraged by the recent actions of county law enforcement, including judges beginning to deal with the firearms relinquishment issue. She said the center also has a domestic violence prevention task force and there is work on to help children with eliminating violence from their lives.

She said that only about 10 percent of the people seeking the shelter's services are using alcohol and drugs, and they report that their batterers are using substances about 20 percent of the time.

Flaherty said alcohol and drugs is a contributor to domestic violence, but it's not causal. The desire to control is a bigger cause.

Supervisor Rob Brown said the tough economic times may also be an issue.

Flaherty agreed that they see an increase in the demand for services during economic downturns, with homelessness being an issue for many of the women who come to the shelter. Many of them already have left their batterers but have nowhere to go and are living in their cars. Hunger also is a growing issue, with the shelter increasingly having meals available.

Supervisor Jeff Smith congratulated Flaherty and her staff for working for so hard, for so long. “It's going to be here in nothing flat,” he said of the completed shelter, suggesting it will be a stimulus package for the county.

Flaherty said Lake Family Resource Center's board is committed to using local contractors for the renovation work. She said community support has been strong and is making the shelter come together.

“This is really becoming the kind of project that we dreamed about, and that is that it is a community project, it is community owned, it is not going to be our shelter, it is going to be the community's, and we're very excited about that,” she said.

Farrington asked if the shelter is going to be “neon” or more clandestine and confidential.

Flaherty said they've discovered over the last 12 years that, in a community this size, it's hard to keep locations confidential because, once a woman returns to her batterer, the word is out. Just two weeks ago, a batterer showed up at the shelter.

Keeping the shelter more visible will make it more of a resource for the community, said Flaherty, noting it will have alarms and cameras. She added that law enforcement is responsive to their needs, with the Lake County Sheriff's Office giving them first response whenever they call.

“We so appreciate your support and everything you've done,” Flaherty told the board.

Board Chair Denise Rushing, in turn, thanked Flaherty for her hard work and tenacity in making the shelter a reality.

Brown said it was a very good project in a perfect location.

“Folks out there know, this is our place, and we're going to take care of it, and take care of the residents who live there, no mater what,” he said, telling Flaherty. “I think what you've done is a great thing.”

Brown moved to approve the agreement, which Farrington seconded. The board approved the agreement 5-0.

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The meeting will begin at 9 a.m. Tuesday in the board chambers at the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV Channel 8 will broadcast the meeting live. Full agendas are available at www.co.lake.ca.us/Government/Boards/Board_of_Supervisors/BOS_Agendas.htm.

The Lake Family Resource Center, which is working to build its Freedom House domestic violence shelter, will be before the board at 10:30 a.m.

The board will consider a proposed agreement between the county and the center for the purpose of providing $175,000 for the shelter.

Gloria Flaherty, Lake Family Resource Center's executive director, has estimated that the shelter effort will require about $2.6 million. So far, about half of that amount has been raised through grants and donations.

At 10:45 a.m., the board will consider a proposed reallocation of realignment revenue from the Social Services Realignment Fund to the Mental Health Realignment Fund pursuant to the Welfare and Institutions Code Section.

Earlier this month, County Administrative Officer Kelly Cox told the board that county staff was proposing the transfer to help Mental Health pay back a $2 million loan taken from the county's general fund.

In other board business, at 9:15 a.m. supervisors will consider sealed proposals and oral bids for the sale of a 3.04-acre surplus county property located at 14102 East Highway 20 in Clearlake Oaks.

The property had at one point had been slated to be the location of the Eskaton senior housing project, which is now being built at the corner of Lake Street and Highway 20.

The minimum bid on the property is $153,000. Its previous purchase price was $256,000; of that amount, the county had paid $145,000 and Eskaton $111,000, as Lake County News has previous reported. Eskaton ceded its ownership in the property to the county in exchange for the current building site and sidewalk improvements at the new location.

Other items on the agenda include the following.

Timed items

9:30 a.m.: Assessment appeal hearing, Kathleen Razmeck, 4683 Hawaina Way, Kelseyville.

9:45 a.m.: Presentation of proclamation designating the week of May 17 through 23 as National Public Works Week in Lake County.

9:50 a.m.: Presentation of proclamation designating the week of May 17 through 23 as Emergency Medical Services Week.

9:55 a.m.: Presentation of proclamation designating the month of May as Motorcycle Awareness Month in Lake County.

10 a.m.: Nuisance abatement hearing, Ulrich Wasem on property of Kenneth Woo at 5677 Nason Road,

Lucerne.

10:15 a.m. – Public hearing to consider adoption of a proposed resolution conveying personal property (police canine named Django), from the county of Lake to John Gregore.

Non-timed items

– Update on the emergency action taken on April 21 regarding the emergency repairs in the Southeast Reservoir Dam Drainage System.

– Discussion/consideration of request for waiver of the competitive bidding process based on a determination that the competitive bidding process would produce no economic benefit to the

county for the purchase of two 2010 Ford Fusions, and authorize the purchase from Holder Ford in the amount of $32,921.99.

– An ordinance amending Section 2-2.3 of the Lake County Code to correct the designated business hours of the Lake County Redbud Library; second reading, advanced from May 12.

– Consideration of staff recommendation and proposed agreement for construction management and inspection services for the Upper Lake Main Street Reconstruction Project. Continued from May 12.

The board also will have a closed session with the county's labor negotiator.

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

The short Tuesday agenda includes a presentation by local businessman Lowell Grant, who will propose an ordinance providing for the licensing of tobacco retailers.

There is no staff report outlining the particulars of the presentation by Grant, who earlier this year asked the Board of Supervisors to begin a discussion on consolidating the county's seven school districts.

The council also will issue a proclamation designating May as Motorcycle Awareness Month in the city of Lakeport; approve a multi-use application for Lakeport Regional Chamber of Commerce events; waive the city's hiring freeze to hire a temporary, part-time public works secretary to fill position for person on maternity leave; and approve contract change order No. 1 for the South Main Street Drainage

Project.

The council will hold a closed session to discuss public employee discipline, a conference with labor negotiators and consideration of the interim city manager position, and determine if the council wishes to review a decision of the Planning Commission relating to placement of a cell tower.

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Pictured, from left, Supervisor Jeff Smith presenting the proclamation to Bunny De Lope and Dan Fish of Flotilla 88. Courtesy photo.

LAKE COUNTY – Safe Boating Week will take place May 16 through May 22 across the nation and here in Lake County.

On May 12, Supervisor Jeff Smith presented a proclamation for Safe Boating Week, May 16-22, to the US Coast Guard Auxiliary Flotilla 88 of Lake County.

Representing Flotilla 88 at the presentation were Auxiliarist Bunny De Lope and Dan Fish.

LAKEPORT – The Board of Supervisors on Tuesday held off on eliminating a county building inspector position, opting instead to wait for a draft budget from the county's administrative officer.

Community Development Director Rick Coel went to the board with an update on the Building and Safety Division's budget.

To date, he said the department has eliminated two positions, one through layoff and the other through a transfer to the Planning Division.

“We're still faced with significant shortfalls in our revenue projections,” Coel said.

Based on the revenue shortfalls, Coel said additional actions need to be taken, including eliminating at least one building inspector position. A second inspector spot could be extended through redevelopment and other project funding.

He also was looking for board approval to delete one grading and stormwater coordinator and add a grading and stormwater inspector position, which he said was approved by the county's reclassification committee. Coel said the position would be responsible for more onsite inspections, including foundations on new properties.

County Administrative Officer Kelly Cox said the only action the board needed to take Tuesday was adopting the resolution to change the position, which would allow for an internal recruitment so they could pick up an employee who could be subject to layoff.

“I think you can hold off on that until budget time,” he said, explaining that redevelopment and county Public Works projects can help cover one of the inspector spots.

Supervisor Anthony Farrington said the county used to not have enough inspectors, but he said he has heard from a contractor who said he's seen inspectors driving around for things to do.

“If we're just delaying it for the sake of delaying it, I don't have great comfort in that,” Farrington said of the proposed layoff.

He asked about impact on county projects if the layoffs took place. Cox said if they lay off one position there won't be an impact, but if they lay off two, it will impact the inspector he wants for the Upper Lake Main Street reconstruction project, which is taking place this summer.

Farrington asked if that project would require a full-time inspector. Cox said if they have to hire out the project, it could cost the county $260,000. He said he's looking to use a county inspector and engineer, which will both save money and give the staffers skills they can use on future projects.

“You don't have a resolution in front of you to do that right now,” Cox said of the layoffs.

Board Chair Denise Rushing said she appreciated the level of creativity and effort that is going into solving the county's budget challenges.

Coel told the board that he hadn't been able to substantiate the claims about inspectors driving around looking for things to do.

“There's plenty of work to be done,” said Rushing, adding that it looked like staff had a really good plan to develop employee skill sets.

Supervisor Rob Brown suggested Farrington give Coel the name of the complaining contractor so he can track down more information on the inspectors issue.

Supervisor Jeff Smith suggested there is work in the county's code enforcement and safety divisions to help fill the inspectors' time.

Rushing agreed, saying there also are grants to be pursued and a county fire plan. “There's plenty of work that needs to be done.”

“This creative approach allows us to use funding from a different source to address the stormwater issues,” said Coel, noting that the proposed changes in staff will reduce the number of building inspectors to two for the entire county.

The board unanimously approved Coel's request to reclassify the stormwater positions.

After the vote, Farrington asked if the board was interested in eliminating the other building inspector spot. Rushing said she wasn't, and wanted to retain the position as long as possible.

Cox said Farrington's concerns about the budget were valid. He said when he brings the recommended 2009-10 budget to them soon he believes it will include less staffing in the Building and Safety Division.

In other board news, supervisors directed Special Districts staff to finalize a drought management plan for the county's sewer and water service areas. That plan includes mandatory water conservation measures.

The board also adopted emergency water conservation restrictions for the county's 10 service areas.

Even though the county recently received about 2 inches of rain, “We're still 8 or 10 inches below what we really needed,” said Special Districts Administrator Mark Dellinger.

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