While the agreement is beginning as a voluntary effort, board members indicated that the county could resort to a regulatory approach if park owners fail to comply.

The vote came at the Sept. 16 board meeting before a packed chambers.

Supervisors Anthony Farrington and Rob Brown were the board members delegated to sit on the Mobile Home Task Force, which did the bulk of the work on the agreement.

Farrington said County Counsel Anita Grant had suggested that the best vehicle to move the lease agreement forward initially was a resolution which will be sent to park owners, who in turn will be asked to voluntarily comply.

"We have tried to create a document and an environment to provide stability to the best of our ability with the promise of not taking a regulatory approach," said Farrington.

However, taking the regulatory path isn't out of the question if there's a failure on the part of park owners to comply, Farrington said. But the county gave its word initially to offer it voluntarily.

At Farrington's request, the board also approved sending a cover letter with the resolution to park owners, requesting a response as to their willingness to cooperate.

Bill Merriman, a former District 5 supervisor who was asked to sit on the task force, said he felt the voluntary lease agreement "was the best that could be reached."

He commended both park owners and tenants for their work on it. "Neither side got everything they wanted, but it did work out to be a pretty decent agreement."

Park resident Greg Cavness asked the board what level of compliance would quality for success.

"Right now it looks to us like as much protection as a fig in a hurricane," he said of the agreement.

Cavness added that he had no problem with the agreement. "The problem is that it's no good unless it's required to be offered," and he said he had information that some larger parks weren't going to offer it.

Farrington said, for him, 100-percent compliance would be the measure of success and, if they didn't get it, the county would take the regulatory approach.

Ron Bartolucci, who owns Live Oak Mobile Home Park in Kelseyville, went on record saying he was pleased with the lease agreement and would offer it to his own tenants.

However, Bartolucci asked what kind of regulatory process the county would adopt if only some parks like his adopted it and others didn't.

Grant said the board could approach that situation in such a way that the agreements that are adopted by parks would be outside of a regulatory ordinance.

Bartolucci also was concerned about what might happen if the tenants themselves don't agree to it. That, Grant replied, is another separate issue that can be handled through a specific ordinance.

Another park owner, Mary Ann McQueen, said park owners plan to step up to make sure the voluntary approach works.

"The park owners on the task force really feel that they have a duty to work on the other park owners to make them understand how important this is, that they shouldn't just throw this away and wait for something else to happen," she said.

McQueen said it's up to park owners to see if they can get 100-percent compliance, although she worried about the four-week timeframe to do so proposed by the board. "There is a lot of communication that is gong to be required."

Andy Rossoff of the Senior Law Project said the terms of the lease agreement will actually be difficult for a tenant to enforce if there isn't cooperation from the park owner. He encouraged the county to include a mediation process to work out resolutions because it's cost-effective.

Farrington said the suggestion had been made to use the Mobile Home Task Force as part of any mediation process, but Rossoff said he was concerned about having the task force be the arbiter in what amounted to an accounting issue.

The issues Rossoff brought up were good ones, said Farrington, who added that Rossoff was probably "crystal balling" things likely to arise in the future. Farrington suggested that they would have to cross those bridges when it became necessary.

Farrington called the rent stability effort "an experiment in progress."

Richard Filipowicz, owner of Kelsey Creek Mobile Home Park and Countrywood Estates Mobile Home Park, said most park owners are local and have a desire to be sensitive to the needs of their tenants and county requirements. He said he "wholeheartedly" supported the agreement, which he suggested was a good alternative for everyone involved.

Sandy McAuley, who owns Sandy Beach Trailer Lodge in Lucerne, said she also supported the voluntary agreement. "I don't think rent control would be a good thing for the parks in the long run," she said, adding that it would likely cause rents to go up and be costly for the county to enforce.

McAuley recognized the work that had gone into the effort. "It's a wonderful compromise. Let's give it a chance and see if it works."

The agreement, Brown pointed out during the course of the meeting, does not apply to mobile home parks within the cities of Lakeport or Clearlake; Robey suggested the two city councils could adopt an identical resolution to affect those parks.

The board indicated that county staff will be instructed to track the parks' compliance.

Beyond the 30-day timeframe in which the parks are expected to respond to the compliance request, Bartolucci asked the board if they could incorporate language requiring the lease agreement be implemented within a certain period of time.

"Can we legally do that?" he asked.

Grant replied that, under the voluntary approach, the county could ask for a deadline but it still would have only the force of a request.

Rossoff suggested the board have a followup meeting sometime in November to determine how much compliance they receive from park owners. The board agreed, and tentatively scheduled a report on compliance for 9:45 a.m. at its Nov. 4 meeting.

Brown offered the resolution, which was accepted 5-0.

The board also decided to place all five supervisors' signatures – and not just the board chair's – on the cover letter that will accompany the seven-page lease agreement that will be sent to park owners.

Robey thanked everyone who worked hard on creating the lease agreement.

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

{mos_sb_discuss:3}

The meeting will begin at 9 a.m. in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV Channel 8 will broadcast the meeting live and replay it at 9 a.m. on Sunday.

At 11:45 a.m., the board will discuss and consider modifications to Lake County Special District’s

Capacity Analysis/Hydraulic Model Policy, and also consider modifying mitigation requirements so that the Carl’s Jr. project at 1589 Dam Road Extension can hook up to the sewer system.

Last week, developer Barry Johnson and the board had a lengthy session in which Johnson made a comment about the potential of litigation that the board took as a threat to sue. The board went into an emergency closed session and emerged to ask Johnson to come back this week to continue the discussion and find a solution, as Lake County News has reported.

At 10:15 a.m. Tuesday, the board will hear an update on the Lucerne Alpine Senior Center repairs and building evaluation. The board also will consider options for how the county and its redevelopment agency can assist the center in funding its most urgent repair needs.

At 2:30 p.m., the board will hold a public hearing regarding a proposed urgency ordinance adopting emergency water conservation restrictions for County Service Area No. 2 in Spring Valley Lakes.

Among its untimed items, the board will consider a proposed agreement between the Lake County Redevelopment Agency and the Northshore Fire Protection District to provide funding in the amount of $100,000 to be used toward the purchase of a fire engine.

Below are listed the rest of the items on this week's agenda.

Timed items:

9:15 a.m.: Public hearing, appeal of Ronald Jacobs of the Planning Commission’s decision to grant the appeal of Erik Thorsen, Trustee, Edgar F. Thorsen Trust, regarding the issuance of a Lakebed Encroachment Permit and supporting California Environmental Quality Act Notice of Exemption to Ronald Jacobs for the construction of pier/covered deck/gangway/suspended platform/covered electric boat lift; project located at 1925 Westlake Drive.

10 a.m.: Presentation of Lake County Library Advisory Board Annual Report.

10:45 a.m.: Update on the Child Support Automated Program that will take effect on Oct. 1.

10:55 a.m.: Presentation of proclamation designating the week of Sept. 21 through 27 as Child Passenger Safety Week in Lake County.

11 a.m.: Informational presentation regarding the Anasazi software implementation and mental health data management.

11:15 a.m.: Discussion/consideration of proposed amendments to Ordinance 2560 regarding compliance with the enclosure of refuse containers (dumpsters) for commercial/industrial uses and the

removal of household refuse containers from public right-of-ways other than 12 hours before and after the collection times.

Untimed items:

‒ (a) Consideration of proposed resolution approving the necessary documents to achieve the transfer of responsibility and transfer of title of the South Civic Center from the county to the state; authorizing the board chairman to sign the grant deed transferring said title; and authorizing the county

administrative officer to act on the county’s behalf in all other matters remaining to effect the transfer of title; (b) Consideration of proposed memorandum of joint occupancy agreement; (c) consideration of proposed transfer agreement between the county of Lake, Judicial Council of California and Administrative Office of the Courts for the transfer of responsibility for court facility; (d) Consideration of proposed joint occupancy agreement between the county of Lake, Judicial Council of

California and Administrative Office of the Courts; and (e) consideration of proposed memorandum of understanding between county of Lake, Judicial Council of California and Administrative Office of the Courts for court facility services relating to South Civic Center Court Facility.

‒ (a) An ordinance amending Chapter 2 of the Lake County Code to revise the mileage reimbursement rate for Grand Jurors (second reading).

‒ (b) An ordinance amending Chapter 2 of the Lake County Code to revise the mileage reimbursement rate for the Board of Supervisors.

‒ Consideration of request for out-of-state travel for Public Works Bridge Specialist Michael Loucks to Seaside, Oregon, from Oct. 6 through 8 to attend the Pacific Northwest Annual Bridge Maintenance Conference.

‒ (a) Consideration of request for approval of the following purchase orders for construction of the Big Canyon Road Maintenance Project: (1) Western Stabilization for pavement pulverization in an amount not to exceed $30,000; (2) Epidendio Construction for base rock, amount not to exceed $30,000; and

(3) Pacific Enzymes for Permazyme, amount not to exceed $10,015; and (b) Authorize Public Works director to execute such purchase orders are necessary to complete the project consideration of proposed resolution awarding the contract for Southeast Effluent Reservoir Outlet modifications to

Underwater Resources Inc., Bid No. SD 09-01, in the amount of $137,000.

‒ Consideration of proposed amendment No. 1 to Disposition and Development Agreement between the Lake County Redevelopment Agency and Eskaton Clearlake Oaks Manor (to provide up to $75,000 for off-site improvements).

‒ An Ordinance establishing a fee in the amount of $20 to be collected by the Treasurer-Tax Collector for the cost of preparing delinquent tax records and giving notice of delinquency (second reading).

The board also will hold a closed session to discuss labor negotiations and potential litigation, conduct a performance evaluation of the Child Support Services director and discuss a proposed purchase of property at Lampson Field.

{mos_sb_discuss:3}

Those who want to support the effort can visit www.preservekonocti.org and make a donation through Pay Pal, credit cards or electronic checks, according to county Public Services Director Kim Clymire.

The Lake County Board of Supervisors recently entered into an agreement to acquire 1,688 acres of land on top of Mt. Konocti, an area that has been in private hands since the mid-1800s. Few people have enjoyed the breathtaking beauty of Lake County as seen from the summits.

The acquisition includes all four peaks – Wright, Buckingham, Howard and Clark peaks – and the cell towers/communication center for a total sum of $3.8 million, Clymire reported. The acreage is adjacent to roughly 800 acres of BLM land including the Black Forest.

The board was able to purchase the communication center on Buckingham Peak outright by utilizing $1,200,000 of one-time excess geothermal funds. They have also committed to the additional $2,600,000, which is due in September of 2009.

On Sept. 2, the Board of Supervisors unanimously approved a fundraising campaign allowing the County to solicit donations for the acquisition, as Lake County News has reported.

Clymire said all donated money will offset the $2.6 million pledged by the county, which then will be used to acquire additional properties on Mt. Konocti. The ultimate goal is to provide hiking trails and public access from Clear Lake State Park to the peak.

As of Sunday, the site reported that the fundraising effort has received $14,664 in community support.

Clymire said the county has a rare opportunity to help preserve Mt. Konocti as open space for now, and for future generations. Pledges of $5, $10, $50, $100, $500 or more will help the county maximize its efforts. All donations are tax-deductible with 100 percent going toward the acquisition.

At www.PreserveKonocti.org, community members can find more information on the mountain's history, the acquisition and map, a photo gallery, news reports, a video tour of the top and more, upcoming events and volunteer opportunities, plus the ability to accept online, automatic donations via Visa, Mastercard, American Express, PayPal and electronic checks.

People also can purchase Mt. Konocti calendars, note cards, T-shirts, tote bags, framed tiles and more from the site's online store; all profits benefit the Mt. Konocti acquisition.

Donations also can be mailed to Public Services Department, 333 Second St., Lakeport, CA 95453. Please make checks payable to the County of Lake, with "Mt. Konocti Acquisition" noted on the memo line.

{mos_sb_discuss:2}

James Comstock of Middletown and Susanne La Faver of Hidden Valley Lake will be on the November 4 ballot, each seeking to succeed Ed Robey as supervisor for District 1, which includes

Anderson Springs, Hidden Valley Lake, Lake Lake Middletown and part of Clearlake.

Robey, who has served three terms on the board, is retiring from the board at the end of this year.

La Faver and Comstock were the top vote getters out of a field of six candidates which appeared on the June ballot, as Lake County News has reported.

Both candidates recently announced new endorsements of their supervisorial campaigns; La Faver received the nod from Congressman Mike Thompson, while the Lake County Farm Bureau gave its support to Comstock.

"Based on your background working in the water, power and agriculture industries, I feel you will be an outstanding addition to the Board of Supervisors," Thompson told La Faver in an Aug. 27 endorsement letter.

La Faver has more than 25 years of business and management experience, including owning her own consulting business, and teaches graduate business courses at Golden Gate University.

Thompson's support for La Faver follows other endorsements she's received from Robey and Supervisor Denise Rushing; Clearlake City Council members Judy Thein, Chuck Leonard and Joyce Overton; Lake County's state legislators, Sen. Patricia Wiggins and Assembly member Patty Berg; and former Sen. Wes Chesbro.

This week, Comstock – a Navy veteran, rancher, businessman and Middletown Unified School District trustee – reported the Lake County Farm Bureau endorsement.

Lake County Farm Bureau President Bob Gayaldo said Comstock will be a strong voice for agriculture.

"Farm Bureau directors were deeply impressed with Jim Comstock's commitment to preserving rural land," said Gayaldo. "After the death of his father, Jim saved his family's ranch at great personal and financial sacrifice. We need that kind of proven dedication on the county board."

The Farm Bureau endorsement joins those from the Middletown Rancheria, Lakeport City Councilman Roy Parmentier and former Lake County Sheriff James Wright.

On Wednesday Comstock and La Faver took part in the first of two debates scheduled for the south county before absentee ballots are mailed the first week in October.

The Wednesday debate, held in Lower Lake, will be broadcast on KPFZ 88.1 FM and telecast on PEG TV Channel 8; the specific airing schedules are yet to be announced.

The second debate, scheduled for 6:30 p.m. Wednesday, Oct. 1, will take place at the Calpine Visitors Center in Middletown, 15550 Central Park Road.

The debates are cosponsored by Lake County News, the Lakeport Regional Chamber of Commerce, Clear Lake Chamber of Commerce, Lake County Association of Realtors, Calpine and the Lake County Farm Bureau.

For more about the two candidates, visit their Web sites at www.jimcomstock.com and www.susanneforsupervisor.com.

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

{mos_sb_discuss:3}

Milton and Ellen Heath filed the appeal Wednesday, according to Planning Department documents.

On Sept. 11 the Planning Commission approved Kurt Steil and Gary Johnson's Bonavita Estates, which includes five residential parcels on 534 acres and an 11-surface-acre water ski lake, as Lake County News has reported.

The lake would measure 2,100 feet long and 218 feet wide, and draw its 50-acre-foot capacity from a well.

Steil and Johnson had taken an earlier version of the plan, which then included 22 homes, to the Planing Commission in 2006, which voted at the time to require a focused environmental impact report.

However, with the addition of several new hydrological and biological studies, the Planning Commission voted 3-1 – with Commissioner Clelia Baur voting no – that the project could move forward with a mitigated negative declaration relating to its impact. The commission also granted a use permit, tentative merger resubdivision map, a deviation and deferred improvement agreement for the project.

Milton Heath and several other neighbors spoke against the lake at the lengthy Sept. 11 meeting, raising concerns about water, sound and biological resources.

His appeal cites “insufficient data” on the project, particularly relating to hydrological information. He faulted a hydrological study's assumptions about the project, specifically its evaporation statistics which were based on Lake Sonoma, which Heath said is located in the coastal climate range and differs too much from local conditions to be accurate.

He said the commission's decision ignores more than one “potentially significant impact,” including gas emissions and contaminants from boats that he suggests could damage the area's groundwater; seismic activity, which he said could lead to a catastrophe; and the governor's recent declaration of a drought.

Heath's appeal letter also faulted the commission for disregarding information from area residents about their wells already going dry.

He said the county has “reprehensively” deferred the project to mitigated negative declaration status. By doing so, Heath says the county ignored the lake's significant impacts in violation of the California Environmental Quality Act.

“We urge the Board of Supervisors to reject his project until a 'thorough' Environmental Impact Report is completed,” he writes.

The matter will be scheduled for a future Board of Supervisors meeting.

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

{mos_sb_discuss:2}

BOARD OF SUPERVISORS PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Board of Supervisors, County of Lake, State of California, has set TUESDAY, OCTOBER 7, 2008, at 9:45 A.M., Board Chambers, Courthouse, Lakeport, as time and place of hearing PLANNING COMMISSION'S RECOMMENDATION FOR APPROVAL OF A TWO (2) YEAR EXTENSION OF TIME OF A TENTATIVE SUBDIVISION MAP TO CREATE 15 RESIDENTIAL LOTS ON 18 ACRES based on Initial Study (IS 05-44), for project applicant Thomas & Anna Macomber; located at 5800 Wilkinson Road, Kelseyville, CA (APN 008-052-30).

NOTICE IS FURTHER GIVEN that at said place and time, any interested persons may appear and be heard.

If you challenge the action of the Board of Supervisors on any of the above stated items in court, it may be limited to only those issues raised at the public hearing described in this notice or in written correspondence delivered to the Clerk to the Board at, or prior to, the public hearing.

KELLY F. COX

Clerk of the Board

By:

Mireya G. Turner

Assistant Clerk of the Board

{mos_sb_discuss:2}