Local Government

LAKE COUNTY The Board of Supervisors on Tuesday approved the first reading of an underage drinking ordinance.


Similar ordinances were accepted in the cities of Clearlake and Lakeport last year. The idea behind the ordinance is to hold social hosts liable if minors are allowed to drink alcohol at a party on private property.


Supervisor Jeff Smith said Clearlake City Council member Judy Thein during her tenure as mayor last year brought a version of the ordinance to the county.


The board had taken a look at an ordinance last year, but it underwent further refinements, which Smith said resulted in a better version coming back to the board.


Supervisor Denise Rushing asked about the difference between the older and newer versions. "I do think the spirit behind this is absolutely right," she said.


However, she also wanted to know if such an ordinance would be useful to law enforcement, and was curious about its potential impact on civil liberties.


County Counsel Anita Grant said the ordinance allows for law enforcement to recoup expenses for dealing with enforcement at a party situation.


The new version includes a criminal penalty the board wanted included, said Grant. "That's one of the most significant changes of this particular ordinance."


With regard to impact on civil liberties, it's scope is fairly narrow, said Grant. She said it allows people to supervise their own families at private without the country interfering; it also excludes religious activities.


Grant said it attempts to impose a sense of civil and criminal responsibility for adults.


Sheriff Rod Mitchell pointed out that absentee landowners won't be held criminally or civilly responsible for what happens on their property in their absence.


He said his staff also would still have to establish probable cause in investigating an incident, and the ordinance wouldn't broaden powers of search and seizure, which is something Mitchell said he wouldn't have supported anyway.


The ordinance will be a way of getting peoples' attention, said Mitchell.


He told the board he couldn't tell them how many cases a year the ordinance would assist his department with, but noted that in 2007 his agency had 160 cases dealing with minors and alcohol. The ordinance could help them change how data is collected on such cases.


Rushing asked how the ordinance would help law enforcement.


Mitchell said there already are laws on the books underage drinking, driving under the influence and contributing to the delinquency of a minor which apply in such cases.


"Our obligation to investigate doesn't change with the ordinance," said Mitchell.


What does change is that the department could collect the costs of enforcement from responsible individuals based on the ordinance's language, said Mitchell.


Said Smith, "This, to me, is a statement from the Board of Supervisors that we don't want to tolerate these types of activities that put a child in jeopardy."


When law enforcement identifies homes where a lot of party activity takes place, Mitchell suggested that his deputies could take copies of the ordinance to the neighbors, explain it to them and ask for their help.


Rushing said she supported the ordinance, adding that she didn't believe it would civil liberties or duplicate existing law, and that it would give the county a route to recovering enforcement expenses.


"I, personally, would hope it would never be used," she said, and encouraged Mitchell to use the ordinance as an education tool.


Thein and members of Team DUI, a group that educates young people about the dangers of underage drinking, attended the meeting. Speaking on behalf of the group, Thein emphasized the ordinance's importance.


"Underage drinking is a serious problem in our county and across the nation," she said.


People who allow children to be put in harm's way need to be held responsible, and the ordinance is a way of doing that, she said.


Thein said similar ordinances are used in other counties around the state, and that the effort has the support of Mothers Against Drunk Driving.


With Clearlake and Lakeport already approving their own underage drinking ordinances, the county needed to approve the measure to bring uniformity to all jurisdictions, Thein said.


The fight against underage drinking locally is gaining ground, she said.


Team DUI members are "working their hearts out" to prevent tragedies, she said. "These kids are responding."


Smith moved the ordinance, which the board approved 4-0 with Supervisor Rob Brown being absent.


The ordinance will return to the board for a second reading and final approval on June 17.


Board Chair Ed Robey thanked Thein for taking the personal heartbreak over her daughter's death in a DUI collision in 2005 and turning it into something that benefits the community.


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


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SAN FRANCISCO – Pacific Gas and Electric Company on Tueday alerted the California Public Utilities Commission (CPUC) that the skyrocketing price of natural gas across the nation and lower than expected hydroelectric power are resulting in higher costs for the electricity PG&E purchases on behalf of its customers.


Starting in October 2008, these factors are expected to increase electricity costs to PG&E customers by approximately $482 million, resulting in a roughly 4.5 percent rate increase, to be collected over a 15-month period through December 2009.


In 2009, high demand for natural gas – one of the cleanest fossil fuels available to generate electricity – is expected to continue upward pressures on the price of natural gas and in turn lead to further increases in customer electricity rates.


As a result, electricity costs in 2009 are anticipated to increase by approximately $340 million. This will result in a less than 2-percent increase over the rates projected to be in effect this October.


For the typical PG&E residential customer that uses 550 kilowatt hours (kWh) per month, October bill increases will be roughly 95 cents from $72.13 to $73.08. In January, the bill for a typical residential customer would increase by about 35 cents more. Customers with higher monthly usage will see even greater increases to their monthly bill as a result of California’s tiered rate structure.


“The combination of skyrocketing natural gas prices, increased electricity demand and lower supplies of hydroelectric power are having a significant impact on the cost of electricity,” said Helen Burt, PG&E’s senior vice president and chief customer officer. “To help protect customers from these price increases, PG&E has taken concrete actions, such as diversifying our energy portfolio and partnering with our customers on energy efficiency programs.”


Under PG&E’s rate structure, the company does not earn a profit on energy it purchases for customers; the energy is sold to customers at the same price at which PG&E buys it from wholesale sellers.


In 2008, natural gas prices have increased by 30 percent and are forecasted to remain high in 2009. Soaring natural gas prices are caused by a tight supply-demand balance in the national market, lower imports of liquefied natural gas, and the rising cost of crude oil. Because much of the nation’s electric supply is generated by plants using natural gas, increased gas costs are also affecting electric prices.


PG&E customers’ electricity rates have been affected by lower supplies of hydroelectric power and increased demand. In the last year, statewide rainfall has been approximately 70 percent of normal, significantly reducing hydroelectric production.


What Customers Can Do to Lower Their Bills



  • Become a Demand Response Customer: Residential and commercial customers can participate in tailored programs that help save money and ease demand on the electrical grid during peak hours. More information can be found by visiting http://www.pge.com/demandresponse/.


  • Sign-up for CARE: Eligible low or fixed income customers can save up to 20 percent on their energy bill using PG&E’s low or fixed income discount program. For more information, please visit http://www.pge.com/care/.


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From left, Team DUI members Laura Solis, administrator of Lake County's Alcohol and Other Drug Services, Clearlake City Council member Judy Thein and Clearlake Police Chief Allan McClain at the 24th annual Superstars awards banquet at the Sacramento Hilton Hotel on May 28, 2008. Courtesy photo.

 



LAKE COUNTY – Team DUI, a local group organized to fight underage drinking and drinking and driving, has been honored with another award.


The group was one of the winners of the County Alcohol and Drug Program Administrators Association of California's 2008 Prevention Award.


On May 28, Team DUI members, including Clearlake City Council member Judy Thein, Clearlake Police Chief Allan McClain and Laura Solis, administrator of Alcohol and Other Drug Services (AODS), traveled to Sacramento to receive the honor.


The award was presented during the 2008 Superstars award banquet, the association's 24th annual awards event.


"Chief Allan McClain and I were very honored and proud to accept this award for Team DUI,” said Thein. “Our entire team are certainly superstars for their courageous dedication to helping make the community safer and healthier through education of the harmful affects of drinking and driving with the focus on underage drinking.”


She added, “We try to help our youth and adults understand the consequences of the decisions they make. Each member of the team fulfills a different role but the message we deliver is very powerful when we work together.”


Thein said Team DUI received the award for its collaborative prevention partnership. It was the first year the county received an award from the association.


Other award categories included public policy, treatment and recovery, valuing diversity, innovative programs, collaborative partnerships, lifetime achievement, administrator leadership and state support.


Notable recipients in other categories included Assemblyman Jim Beall for public policy and the late Butte County Superior Court Judge Darrell Stevens for lifetime achievement.


The membership of the nonprofit County Alcohol and Drug Program Administrators Association of California includes the designated county alcohol and drug program administrators representing the state's 58 counties, according to its Web site. The group advocates on behalf of alcohol and drug programs throughout the state.


In March Team DUI won a Stars of Lake County Award for Best Idea.


Thein – whose daughter Kellie died in December 2005 in a DUI crash – also was honored in January for her efforts to fight drinking and driving, receiving the California Friday Night Live Partnership's Super Star Adult Ally award for her work.


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


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LAKEPORT The Board of Supervisors and the Lakeport City Council sat down together May 29 for their first joint meeting in several years to discuss issues from animal control to court facilities.


The meeting, held at Lakeport City Hall, covered numerous topics in nearly three hours.


There was no action taken on the items they discussion, but the meeting gave both governmental bodies a chance to iron out some concerns and decide how they can work together on some mutually beneficial projects.


One of the issues to iron out concerned animal control services the city pays the county provide.


The meeting came about a month after the board voted to send a letter to the council over nearly $15,000 in back animal control services payments.


Concerns about its budget situation has led the city to decide to absorb animal control and code enforcement duties into its police department.


The main conclusion reached regarding animal control was that two government bodies agreed to continue discussing animal control in order to work out what's owed.


But, in turn, the city brought up several issues of back payment involving the county.


The two bodies agreed on some partnership possibilities, including working together to find a location for a new court facility.


County Chief Administrative Officer Kelly Cox explained that the state has taken over jurisdiction of county courts, and wants to move the courts from the fourth floor of the courthouse on N. Forbes to a new, $30 million building.


"We believe it's really important that facility be built in downtown Lakeport," said City Manager Jerry Gillham.


Gillham said city Redevelopment Manager Richard Knoll already has contacted Mary Smith, executive officer of the local courts, to offer help in looking for a location.


Cox said a location next to the county jail had been proposed, but he advocated keeping the courts in downtown Lakeport.


"You don't want to put something like that on the outskirts," he said, because the result would be building a new town around it.


Instead, he had proposed the state look at locations within close proximity to the current courthouse.


When the state took over court facilities, the county had to transfer the fourth floor of the courthouse to the state, and has to pay the state $100,000 for annual maintenance, said Cox. When the courts are ultimately moved, the county also will have to pay to get the fourth floor back.


He said the state Legislature requires the county and state conclude negotiations in September for the new facility, which would make funding available for building as soon a fiscal year 2009-2010.


The parking lot behind the courthouse could be partially used for the new court facility, Cox suggested.


But the land acquisition will be a minor cost in comparison to building the entire new court building, he said.


Gillham said having the downtown court location, which he suggested could be as high as four or five stories, would be critical to the local economy.


"That's a lot of retail sales in downtown that we can't afford to lose," he said.


Slightly more heated in nature were discussions relating to agreements that had run out or been overlooked.


One was impact fees the county had been paying the city for impacts on Bevins Street, where garbage trucks have traveled to reach the county's garbage transfer station.


The agreement for payment constituted $6,740 a year, according to county Public Services Director Kim Clymire, and ran from 1998 to 2004, when it sunseted.


City Councilman Roy Parmentier said that if the city and county couldn't reach an agreement in 45 days, they should shut down the transfer station. He asserted the city is footing the county's bills for street repair.


"Now I see why it was advised that you not say anything," Supervisor Rob Brown jokingly suggested to Parmentier.


Parmentier shot back that the meeting was not the place to discuss the situation.


Supervisor Denise Rushing asked Parmentier when it would be appropriate to discuss it.


"Someplace we could shut the door," said Parmentier, alluding to the meeting's open nature.


Clymire said he had sent former City Manager Randy Johnsen a letter about negotiating an updated agreement, but Johnsen then left the city, and no city staff had communicated with him about it, resulting in the agreement ending in 2005.


Parmentier said the city can sit down with the county now to renew the contract.


"Let's do it," Rushing said.


Clymire said the new agreement likely wouldn't be much different in payment amounts, because the transfer station is now only taking in 7 percent of the county's entire waste stream, about half of what it was taking in previously. That's due to a restriction in use based on equipment problems.


The only garbage trucks coming in now, said Clymire, are from Lakeport Disposal, which has an agreement with the city for franchise trash and recycling hauling.


City Manager Jerry Gillham asked if they were planning to make up the past four years of no payments. Clymire replied he would recommend to the board that the county make up the back amounts.


Brown said he was fine with closing the transfer station now, and Supervisor Jeff Smith agreed. The county earlier this year had a discussion about closing the station in about 18 months if Lake County Waste Solutions is able to pick up the services at no cost to the county and no extra cost to service users.


Lakeport Mayor Buzz Bruns, however, wasn't for seeing the station closed now with no alternative. His primary concern was that illegal dumping might result.


An issue of disagreement between the county and city related to an issue of street improvements next to the county library on N. High Street.


The county built the library in the 1980s, at which time the city allowed them to delay some street improvements, according to Gillham.


However, new development in the area is triggering a requirement for the street improvements to now be done, said Gillham and city Public Works Director Doug Grider.


Gillham said the county refused to pay $43,000.


However, Cox said the demand for improvements "came out of the blue" from City Engineer Scott Harter.


He asked County Counsel Anita Grant for a legal opinion, and Grant opined that the county isn't required to do it.


The county and city have continued to discuss the matter, said Cox.


"So the claim that we just flat refused to do it is a stretch," said Brown, adding the issue hasn't even been brought to the board.


Cox said he needs additional information, and can't do anything about it this fiscal year. Gillham shot back that it was similar to the animal control situation for the city, which was a frequent theme throughout the meeting for Gillham.


Other issues discussed at the meeting:


County/City Housing Program Administration: The county received an $800,000 grant, as did the city, for home rehabilitation and first-time homebuyer programs. Originally, the county and city had discussed working to administer the program together. Gillham indicated that the city is doing its own program independently.


Marketing program: The city has been paying $10,000 to the county annually for the Lake County Marketing Program, a charge they've been balking at continuing in recent years. The city pays $75,000 annually to the Lakeport Regional Chamber of Commerce, which also does marketing. Cox indicated that the weed abatement program is covered by that $10,000, and the county also provides the chamber with a building and maintenance on it. In addition, local tribes are contributing to the county program. Councilman Bob Rumfelt asked that Debra Sommerfield of the Marketing Department make a presentation on the program to the council at an upcoming meeting.


Lampson Airport Sewer project: The county and city have been working on a sewer tie-in to the airport to Lampson Airport, and in turn will upgrade the Rose Avenue pump station to take on additional residential hookups in north Lakeport.


North Lakeport intertie: This agreement is due to go before both the board and council for approval, and will benefit North Lakeport residents because it will move water and accommodate future growth in the area.


Annexation: The city wants to begin considering annexing the S. Main Street corridor, which the board has prioritized for improvements. An $8 million improvement project that will include utilities undergrounding is set to begin in 2010. The two government bodies will consider a property tax sharing agreement for the area.


Water services extension to S. Main Street: Officials are looking to extend water services along S. Main Street, were Piedmont Lumber recently completed a remodel requiring sprinklers, but no water service is available there. Piedmont has offered to pay for the water system, and could be reimbursed as other businesses hook up. Work could begin this summer.


School resource officer: Gillham said he wanted to see the county, city and school district each pay one-third of the cost for Lakeport Police Officer Jarvis Leishman's spot as the school resource officer for Lakeport Unified School District. Farrington suggested Chief Kevin Burke come to the board and make a presentation, which Burke indicated he would be glad to do.


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


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LAKEPORT – The Board of Supervisors on Tuesday will consider an ordinance which aims to discourage underage drinking, and continue a hearing on a zoning ordinance update on telecommunications facilities.


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


At 9:45 a.m., the board will discuss and consider an ordinance that would add an article to Chapter 12 of the Lake County Code, making social hosts liable if they allow minors to obtain, possess or consume alcoholic beverages.


The board had looked at a draft of the ordinance in December but the issue was put off while it was developed further.


Last July, the Clearlake City Council approved an underage drinking ordinance crafted by Police Chief Allan McClain at the request of then-Mayor Judy Thein.


The ordinance gives law enforcement probable cause to investigate underage drinking if it takes place on private property, an issue that police “couldn't touch” before the ordinance, McClain said at a council meeting last year.


In December, the Lakeport City Council followed suit, adopting its own version of the ordinance.


Thein – who is a founder of Team DUI, a group that fights underage drinking – lost her daughter to a drunk driving crash and has made adoption of underage drinking ordinances in the cities and by the county a priority.


In other board business, they'll continue a public hearing held over from May 27 on changes to the Lake County Zoning Ordinance that relates to telecommunication facilities – such as cellular towers and antennae – and consider extending a temporary moratorium on applications for such facilities.


At 11:30 a.m., the board will make a visit to the Soper-Reese Community Theater at 275 S. Main St. to see the status of the theater's extensive renovations.


Other items on the agenda include:


Timed items:


9:15 a.m. – Nuisance abatement hearing, 16900 Big Bear Road owned by Stillman Bowden.


Untimed items:


– Consideration of request for out-of-state travel for Animal Control Officer Morgan Hermann to Upper Sandusky, Ohio, from July 23, through July 25, to attend the euthanasia by injection for horses training/certification.


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


– Consideration of request to approve late travel expense claims from Social Services Director Carol Huchingson in the amount of $224 and Deputy Social Services Director Kathy Maes in the amount of $224, submitted after the 45-day claiming period.


– Discussion/consideration of proposed agreement between the County of Lake (CSA No. 21 – North Lakeport Water) and the city of Lakeport for the sale of potable water.


The board also will hold a closed session for labor negotiations, a performance evaluation for Animal Care and Control Director Denise Johnson and discussion of existing litigation.


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


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LAKEPORT – City retirees took their concerns over a potential cost change to their health care benefits to the Lakeport City Council on Tuesday.

The issue surrounded the question of what portion of a retiree's health care premiums the city should be required to pay, and if it should once again cover a benefits surcharge added for retirees in the 2006-07 fiscal year.

About a dozen city retirees and current employees attended the meeting because of the issue, including retired Police Chief Tom Engstrom, who just celebrated the third anniversary of his retirement.

Engstrom said this was the third year he'd come to the council due to his concern about the benefit changes.

“I don't know why we discuss it every year,” he said. “I think we should just pay it.”

Lakeport's contract with employees states that the city is not required to pay more for health care premiums for retirees than it is for active employees, said City Attorney Steve Brookes.

That provision, he said, was first adopted in a memorandum of understanding dated July 1, 1998, and is included in the city's comprehensive retiree health care rules.

The original idea, he said, was to prevent someone from upgrading to a higher-coverage plan shortly before retirement, which would cost the city more to cover than when the person was working.

Beginning in the 2006-07 fiscal year, the Redwood Empire Municipal Insurance Fund (REMIF), who oversees a health care insurance plan for member cities, added a surcharge on the premiums charged for retirees because of their higher costs to the system, said Brookes.

The surcharge currently amounts to 15 percent, or $124 a month for two people, $59.51 for a single person and $209.71 for a family. The cost to pay it for all 36 retirees is just under $25,000, according to Brookes' staff report.

The rationale behind the surcharge, his report said, was to moderate the “disproportionate amount” of the health care premium used by retirees.

The quality of the city's health benefits have helped attract and retain staff, Brookes' report said. His report also noted that costs to maintain retiree health benefits have become “increasingly costly.”

Estimated costs for health care premiums in the next fiscal year budget are $742,000, or $370,000 for 37 active staff, $50,000 for the five council members and $322,000 for the 36 retirees, Brookes reported.

The surcharge has raised concerns for retirees, who say they were guaranteed 100-percent health care coverage during retirement, which was a primary reason for working for the city. Brookes' report challenged the idea that staff who retired after 1998 weren't aware of the changes.

For the last two years the city chose to pick up the surcharge added to employee premiums, but the issue made its way back to the council again this year.

And, once again, Engstrom stepped forward to argue on behalf of retirees like himself.

When Engstrom was hired in the early 1990s, he was guaranteed 100-percent medical coverage, he told the council. It was an important benefit, he added.

As a department head, he wasn't involved in the negotiations on the 1998 memorandum of understanding, he said. It wasn't until Randy Johnsen was hired as city manager in 2001 that department heads sat in on negotiations.

The result, he said, was he didn't even know what the memorandum said about benefits or the changes to them.

Engstrom said he and his wife have stayed in the community for a variety of reasons, with the quality of health benefits being an important factor.

“I would ask the council to do what you've done in past years and continue to pay that portion,” he said.

City Councilman Bob Rumfelt said he felt it wasn't right to change the rules on retirees, and that they should be given what they worked hard for and deserved.

“My feelings are, we just need to bite the bullet and pay it,” he said of the surcharge.

Mayor Buzz Bruns agreed, saying he always had held the same opinion regarding retiree benefits.

City Manager Jerry Gillham questioned the memorandum of understanding's original intent. He said it didn't seem logical to him that any entity would guarantee health insurance to retirees in perpetuity.

Engstrom told Gillham he wasn't asking for special consideration, and that if it was required he would pay the extra $124 per month.

But based on his original understanding of his benefits, Engstrom said he believed he had been promised total coverage. “When I was hired, everything was done on a handshake.”

That handshake agreement included a guarantee of a 100-percent medical coverage for he and his wife until Medicare kicked it, when the city would then offer them supplemental coverage, Engstrom said.

“It doesn't go on forever, Jerry,” he said in response to Gillham's comment about benefits being extended in perpetuity.

City officials said that the benefits have changed for newer employees, who – if they were hired in recent years – are aware of the benefit cap.

Mayor Pro Tem Ron Bertsch, himself an early retiree, said the city shouldn't take away benefits from people who have worked a long time to get them. Like Rumfelt, he suggested the city “bite the bullet” and pay now, but address the issue for future retirees.

Rumfelt moved to approve paying the surcharge and adding language to update the retiree health rules to settle the issue for current retirees.

Bertsch seconded the motion, with it passing on a 3-1 vote, with Councilman Jim Irwin voting no. Councilman Roy Parmentier was absent from the meeting.

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

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