The regular meeting will be held at 6 p.m. at Lakeport City Hall, 225 Park St. A budget workshop with the council and city staff will begin at 4 p.m.

Among the first items on the agenda will be a presentation by Lakeport Fire Protection District Chief Ken Wells, who will speak to the council about his concerns regarding sales of safe and sane fireworks within the city.

Lakeport is the only area of the county where safe and sane fireworks may be used and purchased legally. In light of the fire season, Wells told Lake County News last week he wanted to go on the record with the council about his opposition to fireworks sales.

On Friday, the four nonprofits who were scheduled to sell fireworks this year – Miss Lake County Scholarship Program, Clear Lake High School Boosters Club, Terrace School Parent Teacher Organization and the Channel Cats – voluntarily agreed to cancel sales when they learned of Wells' plans to address the council, as Lake County News has reported.

Group representatives have told Lake County News they'll be at the meeting to discuss alternative fundraising methods to replace what for all of them is their biggest annual infusion of funds.

Staff seeks direction on pool grant

Funds will be critical for the Channel Cats, who also are on the agenda with regard to the Westshore Pool.

A report from City Engineer Scott Harter is seeking council direction on how the city should meet a requirement for private matching funds on a state Parks and Recreation grant used to reconstruct the Westshore Pool last year.

In 2004 the Channel Cats hired Karen MacDougall to write a grant request on behalf of the city for funding from the 2002 Resources Bond Act. The grant provided 70 percent of the estimated cost of the pool reconstruction with 20 percent to be provided by the applicant and 10 percent to be provided by a private source.

The original estimate for pool repairs was $283,400, but the actual project cost was $380,187.65, Harter reported. However, the private match remains $24,000, based on the original repair estimate.

Harter said the city is now working with the state on the project close out and final payment of the grant funding.

He reported that the city's finance department said the Channel Cats have not yet made a contribution on the pool project. The club recently paid $8,000 to cover last season's operating costs according to their agreement with the city.

He says the city has three options: request a waiver for the private match requirement which may or may not be granted; require the Channel Cats to provide the private match of $24,000 as identified in the grant application; or don't pursue the waiver or the private match and return the $134,400 received to date from the state.

Options for Westside Community Park

City Attorney Steve Brookes will take to the council a discussion and action item on Westside Community Park. The council will look at the possibility of leasing the park's phase two to the nonprofit Westside Community Park Inc., which would develop, maintain and operate it. At the council's last meeting, members directed Brookes to research the issue and bring it back to them.

The nonprofit and other volunteers want to proceed on phase two, Brookes says in his staff report. While the group has volunteers and funds to commence work, the city's resources are currently limited. Brookes writes that devoting city resources to the park will take away from the city's ability to maintain current park and pool facilities.

The council will have to consider a number of issues, including the group's ability to operate and maintain the facility, the city's rights and control of the park, potential costs and negative public sentiment if the park project doesn't turn out as planned, and the city's commitment and ability to operate the park if it's returned to the city under the lease terms.

Animal control, bed and breakfast inns back on agenda

In other council business, Police Chief Kevin Burke will present a report on a code enforcement/animal control program that his department would administer if approved by the council. The city is considering offering its own service rather than paying the county in an effort to save money.

The council also will again consider an updated ordinance to limit the maximum number of guest bedrooms in a bed and breakfast inn to five. The newest version of the ordinance also proposes modifying the municipal code to remove bed and breakfast inns as a permitted use subject to the issuance of a use permit in the R-1 Low Density Residential zoning, adds a section to the code to allow bed and breakfast inns in the R-2 Medium Density Residential zoning district subject to the issuance of a use permit, and amends the code to indicate that bed and breakfast inns located on the

shoreline of Clear Lake should have 10,000 square feet of lands area located above the Clear Lake high

water mark (1,326.05’ above sea level).

A new resolution for phasing in increases in a number of city fees will be considered. This is the second year of the three-year phase in originally approved last year.

The Lake County Rodeo also will present an application to the city seeking to hold an all-horse parade on Main Street from Martin Street to Ninth Street on Saturday, July 12.

Discussion on interim manager continues

Following the public portion of the meting, the council will once again hold a closed session discussion to consider appointing an interim city manager.

At its meeting two weeks ago, the council held a closed session to consider appointing Lakeport Police Chief Kevin Burke as interim city manager while City Manager Jerry Gillham is away in Iraq. Gillham, a member of the Oregon National Guard, is set to leave for his second year-long deployment late next month, as Lake County News has reported.

The council delayed the decision until all council members were present – Councilman Bob Rumfelt was not at the last meeting. Burke also was away for vacation and they wanted to speak to him this week.

To see the full agenda and accompanying council reports, visit http://www.cityoflakeport.com/departments/docs.aspx?deptID=43&catID=102.

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The meeting begins at 9 a.m. at the Board of Supervisors chamber in the Lake County Courthouse, 255 N. Forbes St. TV Channel 8 will broadcast the meeting live.

At 9:30 a.m., the board will discuss and consider a request from the County Administrative Office regarding the Lake County comments to the California Department of Food and Agriculture (CDFA) for AgVision 2030.

CDFA is holding a series of listening sessions around the state for AgVision, California strategic agricultural vision which the agency said will affect everyone who produces, ships, processes, markets, eats, drinks or wears California agricultural products in the next 20 years.

The vision, according to CDFA, will guide public policy and investment priorities at the state and national level in the decades to come, and will consist of strategic goals that the agricultural industry wants to achieve by the year 2030.

In announcing the sessions, CDFA invited public comment from all perspectives, including farmers and ranchers to those involving in conservation, rural development and nutrition.

Specifically, CDFA is seeking answers to the following questions from groups and members of the public:

• What is your vision for California agriculture by 2030?

• What will be the biggest challenge in achieving that vision?

• In 2030, how has the public perception of agriculture changed?

• What is a "must have" in an Ag Vision for California?

The board is expected to submit a written statement to CDFA's State Board based on the Tuesday discussion.

For more information about the AgVision program, www.cdfa.ca.gov/agvision/.

Other items on the agenda include the following.

Timed items

– 9:15 a.m.: Presentation of Proclamation commending North Coast Opportunities for their services to the community.

– 9:20 a.m.: Presentation of Proclamation recognizing July as Parks and Recreation Month in Lake County.

– 10:30 a.m.: Public hearing, continued from June 17. Planning Commission’s recommendation for denial of the following General Plan Amendment proposal and rezone proposing a General Plan Amendment of a two-acre lakefront property from Commercial Resort to Suburban Residential and consideration of a proposed ordinance rezoning lands from "CR-FF" (Commercial Resort-Floodway Fringe) to "R1-FF" (Single Family Residential-Floodway Fringe) for the Widgeon Bay/Sunset Point Mobile Home Park, proposed for Ben Lawson; project is located at 11967 and 12037 East State Highway 20, Clearlake Oaks.

– 11:15 a.m.: Discussion/consideration of: (a) Amendment No. 2 to Contract between the County of Lake and Lake County Waste Solutions Inc. to increase rates of solid waste handling and recycling services; and (b) Amendment No. 6 to Contract between the County of Lake and South Lake Refuse-Recycling LLC to increase rates of solid waste handing and recycling services

Untimed items

– Consideration of proposed Agreement between the county of Lake and TRC Engineering Inc. for engineering services for the repair of four storm damage sites on Morgan Valley Road in the amount of $649,748.

– Update on emergency action taken on September 11, 2007 regarding Mt. Hannah water tank replacement.

– Consideration of request to approve Memorandum of Understanding between the County of Lake and the Big Valley Band of Pomo Indians and the Bureau of Indian Affairs placing certain designated County roads and bridges in the Indian Reservation Road (IRR) Program.

– Consideration of request to temporarily amend position allocation in Information Technology Department and approve interim appointment to the position of Deputy Information Technology director.

The board also will hold a closed session to discuss labor negotiations and one potential case of litigation.

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Council member Joyce Overton presents City Clerk Melissa Swanson with flowers and a special honor from Congressman Mike Thompson for her efforts to work with local charities on behalf of the city. Photo by Elizabeth Larson.

CLEARLAKE – The Clearlake City Council decided Thursday to make more repairs to the city's skate park in light of new damage, and will refund a city rental fee to a family whose daughter was murdered.

The council also gave the children and teens who use the skate park a stern warning that they need to take better care of the park and follow safety rules unless they want to lose the facility.

City Administrator Dale Neiman told the council the park has been closed about two weeks, since it was discovered that three sheets of new surfacing materials were needed.

City officials also discovered that the understructures for the ramps are not strong enough, which is another reason the facility continues to have repair issues, said Neiman.

He estimated materials for repairing the park will cost between $2,900 and $3,300, plus about $2,700 in staff time.

The park was built with only a five- to 10-year lifespan, said Neiman, and the city can expect repairs to continue unless they decide to build a better park. That would require a cement structure, at a cost of about $35,000, but would require little maintenance.

Neiman also was concerned that BMX bikes are doing much of the damage to the park, saying the lifespan for the surface materials are six to eight years for skateboards and about half of that for bikes.

He suggested the council put aside some money to being a fundraising effort for a permanent, cement structure.

The council seemed open to that idea of taking short-term and long-term action to improve the park, but many of the council members also were concerned that some park users still weren't following the rules and, in a way, disrespecting the city's efforts to keep the park open.

"The kids have to do their part," said Council member Judy Thein. "You have to abide by the rules."

Michele Bush, parent of a BMX rider and skateboarder, as well as a member of the skate park committee, told the council she believes when the park is eventually reopened, they'll see more adherence to the rules.

The park is important to area children, she said. Since the park has been closed, they've had nowhere to go.

Bush lined up a ramp building expert from Petaluma who she said was willing to come take a look at the park and see about improving the structure. She said the builder told her that if the structure was built correctly, it shouldn't break down.

"The bikes are not the issue," she said. "It's the way the ramps are built."

Neiman said he would have city staff coordinate with the builder to give him access to the park.

Ken Savin, another adult member of the skate park committee, said a Redbud Community Hospital committee that makes grants to community groups has offered $5,000 for a shade structure for the park. He's now asking them to consider allowing some of that money to be used for repairs, with an answer to that request expected next month.

Vice Mayor Chuck Leonard said he wanted to see the park repaired and eventually improved, and Council member Joyce Overton agreed.

Councilman Roy Simons, however, said he was worried about the city's budget constraints. "I don't think we can afford to keep on repairing this thing," he said. "I don't think we can afford to build it properly."

Once repaired, the park will again be closed temporarily if park violations continue, council members said.

Overton told the 17 teens and children in the audience that they needed to take care of the park. "Take pride in what you're getting here."

Mayor Curt Giambruno told the teens that Savin and Bush have continued to try to keep the park open for them, despite rule violations. "You guys have slapped them in the face more than once, and it's not right, not right at all."

The council reached consensus to make the repairs, and gave Neiman direction to move forward.

Tense discussion over funeral expenses

The council was more divided over another issue, that of reimbursing a family for the costs for renting the city's senior center for a funeral.

The family of 17-year-old Heather Valdez, who was stabbed to death earlier this month, held her memorial service at the senior center on June 14.

The city only charged $137 for the facility, the nonprofit rate, which was granted under the use of Carlé High School's nonprofit number.

Jones and Lewis Clear Lake Memorial Chapel General Manager Karen Karnatz made the request to the city for reimbursement of the $137 fee on behalf of the Valdez family.

Leonard asked Karnatz about why the request was being made to refund the money after the city already had cut the fee in half.

Karnatz said the funeral home also reduced its charges to help the family, which has a total of four children and is facing hardships.

"This is a different request than we've ever had before," said Thein.

She suggested the city could help the community heal by the gesture of giving the money back.

Overton said she didn't feel this was something the city could do. She told Karnatz if the funeral home would waive the fees she would help pay back the $137.

She said the issue was one of making a gift of public funds. That topic had led to a heated discussion at the council's meeting two weeks ago when Thein had questioned giving support to a fishing derby for children because it had appeared to be a gift of funds to a private business. In that case, the situation was worked out because the fundraiser was for the nonprofit Lake County Community Action Agency.

Giving funds to private individuals, even for a good cause, was problematic for Overton and Leonard.

Thein asked Neiman if giving the money to the family could be done.

"I think if it was given through a nonprofit, it would be OK," said Neiman.

Leonard said giving the funds could result in a precedent.

Thein moved to approve the refund, which Giambruno seconded, saying he did so because he's compassionate.

That upset Leonard, who said Giambruno was acting like those disagreeing with the idea lacked compassion.

Overton agreed. "The point is, this isn't our money we're dealing with," she said.

Leonard also was concerned that Carlé High School had used its nonprofit number to get a discount for the family, which actually was paying for the facility rental.

"This is bad," he said, adding that he felt that was a misuse of the nonprofit discount.

Councilman Roy Simons sided with Thein and Giambruno. "I agree with Mr. Leonard to an extent, but my heart tells me different, I'm sorry."

Thein, Simons and Giambruno voted to give back the money, while Leonard and Overton voted no.

City clerk honored

During the meeting, Overton handed out special honors to City Clerk Melissa Swanson, who she had nominated for City Clerk of the Year honors.

While Swanson didn't win, she did receive an award for distinguished humanitarian from among city clerks in 500 cities across the state, which Overton said was for her charity work.

Overton presented Swanson with a bouquet of flowers and a certificate of special congressional recognition sent by Congressman Mike Thompson.

A tearful Swanson thanked the council and Overton. "I couldn't do it without the support of the council,” she said.

Tobacco program explained

Joy Swetnam of Lake Family Resource Center gave a presentation to the council on the Lake County Tobacco Control Program, which educates young people about the risks for tobacco use and its environmental impacts.

In their most recent survey of tobacco retailers, in which they send in teen decoys to attempt to buy tobacco products, Swetnam said they noticed a dramatic increase in sales to underage buyers.

Swetnam said they discovered that a phone tree was in place, where stores were warning each other about the sales, which had made them appear lower in the past. This year, they conducted surveys differently and found the sales went up.

She showed the council a plastic bag full of tobacco products purchased at Clearlake stores, from cigars and cigarettes to smokeless tobacco.

"The solution, we believe, is to look at some way of enforcement," Swetnam said.

In the months ahead, Swetnam said the group wants to meet with county opinion makers to discuss the adoption of local tobacco retailer licensing requirements, which are in place in 78 jurisdictions around the state.

Such a requirement could include a $250 annual retailers fee that would support law enforcement agencies enforcing tobacco sales laws, Swetnam said.

Temporary street closure approved, conflict of interest code to be reviewed

In other council news, members approved a temporary street closure of Austin Avenue from Lakeshore Drive to Uhl Avenue for the farmers' market on July 4, and Neiman gave a brief presentation on the city's risk management program.

The council also rejected a claim for $768.19 from Kelseyville resident Susan Frances. She was seeking the damages in order to replace her car's rear bumper, which was scratched when a police cruised rolled into it during a traffic stop. Because there was preexisting damage to the bumper, the city didn't believe it was responsible to pay for a new bumper.

The city's conflict of interest code also will be reviewed at council direction, which Neiman said is required every two years.

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“We all agreed that the safety of the community comes first,” said Monica Buehnerkemper, a board member of the Miss Lake County Scholarship Program.

Buehnerkemper said her group and the three others that have the city's approval for the annual sales – Clear Lake High School Boosters Club, Lake County Channel Cats and Terrace School Parent Teacher Organization – came to the decision Friday.

The decision to cancel the fireworks sales – which for the groups is their largest annual fundraiser – resulted when they found out Friday that Lakeport Fire Chief Ken Wells was planning to speak to the Lakeport City Council this Tuesday about his concerns regarding fireworks sales in what already has proved to be a costly fire season.

“I just want to go on record with the council that Lakeport Fire Protection District does not support the sale or use of safe and sane fireworks within the city,” Wells told Lake County News on Friday.

On Thursday, the Lake County Fire Chiefs Association and Lake County Air Quality Management District issued a statement asking the public to forgo buying safe and sane fireworks this year due to the heightened fire danger. Earlier this week, Gov. Arnold Schwarzenegger made the same request.

Wells said surrounding counties also have banned fireworks because of fears they can trigger larger fires. In Lake County, safe and sane fireworks can only be purchased and used legally within Lakeport's city limits.

Buehnerkemper said when she and other organization representatives found out about Wells' plan to go to the council, and with most of her board away at the Miss California Pageant, she stepped forward to ask him what they could do.

When Wells suggested they cancel the sales this year, she said she got together with the other groups and, spoke with the fireworks company, and they decided to cancel the fundraiser.

Buehnerkemper said it was important to change the plans right away, because both the fireworks and the booths were due to be delivered on Sunday, with sales scheduled to start on Tuesday, before the council meeting.

She said the groups didn't want to continue with the sale in light of the fire concerns.

The decision garnered the chief's immediate approval. “I'm excited about it,” he said Friday evening.

For the nonprofits who sell the fireworks, it was a costly decision, as each of them easily clears $10,000 in less than a week of sales, said Buehnerkemper.

“It is going to be a major financial hardship for the four organizations,” she said.

For the Miss Lake County Scholarship Program, fireworks sales pay for scholarships for contestants, said Buehnerkemper, while the Terrace School Parent Teacher Organization raises money for education activities.

It's also the main fundraiser for the Clear Lake High School Boosters Club, helping supply money for classroom activities, scholarships and renovating the Snack Shack which sells food at the high school home football games, said Bonnie Bonnett, the club's fireworks coordinator.

Fireworks funds also purchased portable bleachers for the school and paid for upgrading the batting cage, said Bonnett. The club was looking at ways to help with the school's transportation situation, which is being impacted by higher gas prices, she added.

“I think we try to make sure everybody's getting what they need,” she said, with all of the money from the sales going back into the community.

Bonnett also has worked with the Channel Cats, which has used a lot of the money for Westshore Pool improvements.

Preparations for the fireworks sales start in January, said Bonnett, with the nonprofits working with TNT Fireworks on the applications to the city and securing fire marshal approval. They also must have a business license and insurance to sell fireworks.

Many people – including parents and teachers – had signed up to help sell fireworks at the booster club's booth this year. Bonnett was busy on Friday evening calling them to report the change in plans.

“This is the first time this has ever happened,” she said. “We really want to do the right thing.”

She said she's grateful for the city's support of the sales over the years, and hopes they'll be able to resume next year, when there will hopefully be better conditions.

There is already a silver lining appearing for the nonprofits, said Buehnerkemper.

An anonymous donor has pledged to give each of the groups $5,000, she said, and is offering a challenge.

“He is challenging the community to step up and help,” Buehnerkemper said.

She said she and other group representatives will be at the Tuesday City Council meeting, where they won't oppose Wells' stand on fireworks. Instead, they will have a plan for seeking donations from the community.

Buehnerkemper said of the decision to drop the fireworks sales this year, “In the long run it's the right thing to do.”

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

Late last year, the city's skate park had to be closed due to issues with the surface wearing out. After a community fundraising effort, the park was repaired and reopened earlier this year.

But wear and tear has caused more damage to the park ramps, with the park once again closed due to safety concerns, according to City Administrator Dale Neiman's report to the council.

In addition, some skateboarders and BMX riders who use the park haven't been following the safety rules, including wearing helmets and pads, and are ignoring the rule against bikes and skateboards using the park at the same time, which was another reason for a temporary closure, according to Neiman.

Neiman's report to the council states that the city currently is obtaining estimates for park repairs, and he's seeking direction from the council on whether they want to approve funding for repairs.

City staff also is asking the council to consider a temporary street closure for Austin Avenue from Lakeshore Drive to Uhl Avenue for the purpose of a farmers market. The closure would take place from 3 p.m. to 9 p.m. Friday, July 4.

There will be an annual review of the city's risk management program, which involves insurance and protecting itself against liability.

Neiman's report to the council says that the city has the eighth best record out of 25 cities for worker's compensation insurance but the fifth worst record for liability out of 35 cities. The council and staff will discuss the goal of reducing liability and, with it, insurance rates.

In other council business, Michael Rupe of the Lake Family Resource Center's Tobacco Control Program will give a presentation to the council on the findings of a recent tobacco sales survey in the county. Similar presentations have been made to the Lakeport City Council and the Board of Supervisors.

The council also will consider turning down a claim from Susan Frances for $768.19.

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The meeting begins at 9 a.m. in the board chambers at the Lake County Courthouse, 255 N. Forbes, Lakeport. TV Channel 8 will television the public portions of the meeting.

Air Pollution Control Officer Bob Reynolds is due to retire later this summer, so the board will hold a closed session beginning at 10:30 a.m. to interview applicants for the position.

Before going into closed session, the board will hold a public hearing at 9:15 a.m., in which Appelbaum-Bakersfield LLC will appeal the Planning Commission's approval of a lot line adjustment with a condition that a public right-of-way be created prior to recording the adjustment. The project is located at 8200 and 8250 Orchard Drive and 1895 Eastlake Drive, Kelseyville.

Lakeport Police Chief Kevin Burke will make a presentation to the board at 10 a.m. about his department's school resource officer program, which serves the Lakeport Unified School District. He'll ask the county to consider assisting in funding the program in the 2008-09 fiscal year.

During a joint meeting last month between the Lakeport City Council and the Board of Supervisors, city officials asked the county to consider allocating funds to the program, which they said serves students from outside of the city limits.

The county invited Burke to make a presentation to the board about the program so it can formally consider the request.

At 10:15 a.m., Lake County Tobacco Control representatives will present a report to the board.

Under untimed items, the board will consider the Public Works Department's request to approve a memorandum of understanding between the county and the Big Valley Band of Pomo Indians and the Bureau of Indian affairs, which would place certain designated county roads and bridges in the Indian Reservation Road program.

Public Works is taking a second untimed request to the board, asking it to consider awarding a bid for construction of the second phase of drainage improvements at Lampson Field.

During the afternoon session, the board is scheduled to do a site visit at 1:30 p.m. at John and Joanne Van Eck's property at 4965 Steelhead Drive in Kelseyville.

The Van Ecks want to have a riding academy for physically challenged children at the property, which the Planning Commission approved in February.

Under the terms of the minor use permit the commission approved, the Van Ecks can operate a riding academy for a maximum of 15 students per week along with a nine-stall commercial stable and construct a 2,276-square-foot clubhouse facility with a 2,200-square-foot open air, walled garden, which can be used for up to three approved special events annually. Already on the 76-acre property is a 14,000-square-foot riding arena moved there from the Middletown area.

Neighbors, led by James Clement, are appealing the project's approval, citing concerns about noise, traffic on Steelhead – which they say already has degraded the quality of the road – and concerns that the Van Ecks have an eye to eventually turning the academy into a full-blown major events center.

Planning officials have pointed to old zoning that allowed agriculture to exist alongside a subdivision as the root of the disagreement between the neighbors.

After touring the facility, the board will return to the chambers at the courthouse at 2:30 p.m. to hold a public hearing on Clements' appeal.

Supervisor Anthony Farrington has recused himself from considering the issue because he lives close to the Van Ecks' property.

The issue first went to the board May 13, at which time they decided to have a site visit before making a decision. It was scheduled to be on last week's agenda but Clement asked for a one-week continuance.

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