This was the second community meeting held on Boardstock. It drew between 50 and 60 people Tuesday afternoon at City Hall before the council's regular meeting.

Acting City Manager Richard Knoll told the group that the feedback from the last meeting was roughly split, with a slight edge in numbers for those people opposed to it.

"I think the opinion on BoardStock is kinda mixed," he said.

Four City Council members began the meeting, with Buzz Bruns joining later but leaving before the council vote on the event during the regular meeting.

Knoll addressed the inflated attendee numbers from past years, which have been estimated as high as 50,000.

That's an inflated number, he said. The Lakeport version of the event would attract between 9,000 to 10,000 over four days (Thursday through Sunday).

Additionally, they projected 1,000 boats would be on the water around Lakeport, which is about the same number as were at Konocti Harbor Resort & Spa's event, Knoll said.

The resort reportedly dropped the event earlier this year because of concerns it could lose its liquor license because of about 40 underage drinking citations last year.

The majority of those who spoke about the event, including business owners and community members, were against it for a variety of reasons.

There also appeared to be a split along generational lines, with young people urging the event be given a chance.

The theme that recurred time and again was that the event needed to be nonalcoholic, carefully monitored and that gate proceeds should help cover city costs.

Lakeport resident George Kieffer said he likes Lakeport's small-town feel, and he didn't believe the city has the resources or the venue to host BoardStock.

"I don't want to be held prisoner in Lakeport for three days," he said.

He added, "Trust me, dodge the bullet."

Several local business owners said they opposed it, including Roy and Charlotte Disney of Disney's Water Sports, Gerry Sloper of Loeb's Ink Spot, Tammy Serrano of Lake Vacation Rentals and Barbara Breunig of Hillside Honda.

Lakeport McDonald's owner John Norcio said he hates to turn away business, but he's also against the plan.

He urged the council to think about the lake as an asset. "I cannot fathom the idea of paying somebody to come and use my asset. That's it," he said.

Lakeport Fire Protection District Chief Ken Wells said his board of directors has passed a resolution opposing the event, which he delivered to the council.

Speaking up for the young folks was Lakeport businesswoman Nancy Ruzicka.

"I think we should all thank our young people for being brave in coming to this podium," she said.

The park was created to draw tourists, which bring in tax revenues that help fill potholes, she said. The event will be good for local business, she added.

Melissa Fulton, executive director of the Lakeport Regional Chamber of Commerce, defended the event, saying she talked to a number of businesses about it coming to Lakeport and felt she received positive feedback overall.

The lake, she said, is seriously underutilized.

"Is BoardStock the answer? I don't know if it's the answer or not," she said.

Underage drinking can't be controlled 100-percent, she said, and it's been going on a long time.

She said every dollar spent at Lakeport businesses cycles through the community four to seven times.

Earlier that day, she said the chamber board of directors met and passed a resolution supporting efforts to bring major events to area as they match chamber's mission statement.

"They chose not to say they are supporting BoardStock or the triathlon, or any other event," she said.

Ron Campos, owner of Campos Casuals, said BoardStock is an athletic event that would be good for the town and bring tourism.

"This is an event that could help everybody," he said, and asked the council to give the event one year.

Jennifer Brennan, owner of Molly Brennan's, said they completely support the event. She gave examples of how problems with excess and underage drinking were handled at the pub's recent St. Patrick's Day event. They doubled staff, had a doorman and all of them made good money, she said.

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Interim City Administrator Dale Neiman reported the issue to the City Council late last month.

“The first week I was here I looked at the budget, and I had a big question mark as to the Redevelopment Agency,” Neiman explained in a recent interview.

In February, he said, the city received an e-mail from the state Department of Housing and Community Development indicating the city might have an excess fund surplus in the Redevelopment Agency's Housing Set Aside Fund.

Redevelopment agencies are required to spend money on low- and moderate-income housing, Neiman said in his council report, but in the past many such agencies have been slow to fulfill that obligation, wanting instead to work more on economic development projects.

In response, the state imposed more restrictions over the last 20 years to encourage the agencies to spend money, including one regarding “excess surplus,” Neiman explained.

He said excess surplus means “an unexpended and unencumbered amount in the housing fund that exceeds the greater of $1 million or the total amount deposited in the housing fund during the preceding four years.”

Redevelopment agencies, he said, have some options, including transferring the funds to a housing authority within a year of the funds becoming excess, or spendings the surplus funds within a three-year period from the surplus determination.

If it fails to do that, he said, the agency will be prohibited from taking on any additional funds or spending any monies. “This means the agency will essentially be shut down,” he told the council.

I am working with Mike to determine how long we have had an excess surplus and will explore ideas on how to use the money to solve the problem we have.

Neiman said recently that he believes the main part of the Clearlake agency's problem emerges from a bookkeeping issue.

He said he's found revenues booked in relation to a litigation settlement from 1999-2000 that was twice recorded.

Clearlake Housing Now sued the city, he explained, alleging that the city's housing set aside funds were used to purchase the Austin Resort property, an action not in keeping with state law.

As part of the settlement agreement, the Redevelpment Agency is paying back the housing set aside fund $654,000. It's that amount that Neiman said he's seen come up twice in the city's books.

“There's no question that we're counting the money twice,” he said.

Neiman said he's asking the auditor to look at the issue, which could solve the surplus immediately, he said.

Still, Neiman said the city does need some low-income housing projects or else it will find itself in a very real excess fund situation.

Twenty percent of the Redevelopment Agency's net revenues are to be devoted to helping with housing for low- and moderate-income residents, he said. The state defines low income as 50 percent of an area's median income, said Neiman.

The U.S. Census Bureau's latest numbers for Lake County – which come from 2003 – report the county's median household income is $31,111, compared to the statewide number of $48,440.

That would mean a Clearlake family making $15,555.50 and less would be eligible for low-income housing through the Redevelopment Agency.

Neiman, whose the council will considering hiring permanently at its March 22 meeting, said the city needs to be aggressive in bringing new housing projects and, and he's looking for such projects to take to the council.

“If we don't get moving we're going to be facing this problem again,” he said.

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LAKEPORT – The Bureau of Land Management will be at the Board of Supervisors' meeting today to discuss a proposed property acquisition that would provide year-round access to Cow Mountain Recreation Area.

Rich Burns, field office manager of the Ukiah BLM office, said the agency is considering the purchase of a portion of the Blue Oak Ranch, located five miles west of the intersection of Highways 29 and 175 in Lakeport. BLM originally was looking at 1,400 acres, but that has been scaled back to 600, he said.

The reason for the purchase would be to offer year-round access to Cow Mountain Recreation Area, said Burns. Cow Mountain only has two main access roads – one of them, in Lake County, off of Scotts Creek Road – and both are difficult for trailers and RVs, he said.

BLM has been looking for an opportunity to access Cow Mountain off a paved highway, he said. The Blue Oak property, he said, would allow access off of Highway 175 which, while narrow, is passable for those driving RVs or pulling trailers.

Burns said Monday that before BLM moves forward with the acquisition, it wants to know if the county is in favor of it or not. “If the county wasn't in favor of it, we wouldn't go forward, he said.

The land would be purchased and held by the Trust for Public Lands, said Burns, which would be repaid either through private donations or congressional funding.

That process of actually paying the land off, he added, could take several years. “The Trust for Public Lands feels confident that they can arrange for funding within a short period of time,” said Burns, although what a “short period of time” equals is anybody's guess, he added.

Ultimately, he said, the land would be held and managed by BLM, which manages approximately 100,000 acres of wilderness and recreation areas, he said.

They don't yet know what the asking price for the property is, said Burns. First, they want to see if there is community support, then they would go through the appraisal and purchase process.

Burns is scheduled to go before the board at 10:15 a.m.

Also on the board's agenda today:

– 10 a.m.: County Parks Division staffer Francisco Javier Batres will receive a proclamation commending him for his heroism in saving a woman's life. On March 8, while putting up signs at the Rodman Slough, Batres witnessed an accident in which a woman passed out and her minivan went into the lake. Batres dove in, broke out the back window and pulled the woman from the van before she drowned.

– 10:45 a.m.: Consideration of appointments to the Spring Valley Community Service Area No. 2 Advisory Board.

Untimed items:

– Proclamations will be awarded to Department of Fish & Game Warden Lynette Shimek, Joe and Joanne Ramhorst, George Bates and Sandie Elliott of SpiritWild for their immediate response and ongoing assistance in containing January's avian cholera outbreak on Clear Lake, which killed an estimated 8,000 ruddy ducks and other water birds.

– Consideration of the first amendment to agreement between the County of Lake and Brelje and Race for professional services (Mt. Hannah water storage tank replacement), for an additional cost of $59,600.

– Proposed ordinance amending Chapter 15 of the Lake County Code governing alcohol use in county parks (to prohibit alcohol in Lakeside County Park unless approved under a facility use agreement).

– Consideration of proposed option agreement for purchase real property located at 2595 Garden Drive, Nice (Grant Murray, property owner, APN 30-094-03), in the amount of $5,750, to be used as a green waste site.

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Supervisor Rob Brown, whose district includes the Black Forest, awarded the proclamation to Joel Witherell, an original Save the Black Forest Committee member who has taken an active role in organizing community volunteers for the Earth Day project.

“All of your hard work is definitely appreciated,” Brown told Witherell, who he called “an army of one.”

The effort is a Bureau of Land Management demonstration project, according to Rich Burns, field office manager for the Ukiah BLM office. The plan is to remove brush to create a shaded fuel break at the edge of the forest along Soda Bay Road to reduce the likelihood of a forest fire.

California Department of Forestry and Fire Protection and Konocti Conservation Camp crews will begin clearing brush, fallen trees and limbs up to 8 feet above the forest floor and between 50 and 100 feet into the forest itself, Witherell said.

Volunteers and students from Carle High School will bring the brush down to the roadside, where volunteers on Earth Day will loan the materials on trucks for transport to a chipper nearby.

Witherell thanked Brown and invited the community to come and take part in the project.

“We hope all of you can participate and bring a friend,” Witherell said.

Volunteers can arrive anytime between 7 a.m. and noon “and we'll put you to work.”

Witherell said it's important for the community to work together to prevent major fires such as those which happened last year in Middletown, Anaheim on Monday, San Diego and, in the early 1990s, Oakland.

For those who wish to help out, bring tree trimmers, and wear heavy shoes, gloves and protective clothing, Witherell said.

For additional information or to register, email Witherell at This email address is being protected from spambots. You need JavaScript enabled to view it.; call Julie Berry at the Buckingham Homes Association, 279-0829, or email This email address is being protected from spambots. You need JavaScript enabled to view it.. After the morning's work is done, lunch will be served for volunteers at the Buckingham Homes Association clubhouse (across from the Buckingham Golf Course).

Board of Supervisors' proclamation

Proclamation designating Saturday, April 21, 2007, as the Black Forest Fire Prevention Project Day.

WHERAS, the 250 acre Black Forest consisting of three parcels at the north east base of Mt. Konocti, along Soda Bay Road, was deeded by the Lake County Land Trust to the US Department of Interior, Bureau of Land Management and to the County of Lake in 2004; and

WHEREAS, the Black Forest represents a significant environmental preserve for a variety of plants and animals, a view and water shed for the surrounding communities, a significant erosion control for the Buckingham Park Subdivision and an opportunity for hiking and general enjoyment for the public; and

WHEREAS, due to the Forest’s high fuel load and location along Soda Bay Road, this wilderness land is highly susceptible to accidental fires that could consume adjacent homes and open space; and

WHERAS, both Earth Day and the National Public Lands Day programs encourage public agencies and the community to participate in projects such as the Black Forest Fire Prevention Project; and

WHEREAS, the BLM Ukiah Field Office has submitted a plan for the Black forest Fire Prevention Project that will provide funding and sponsorship of local efforts by both public agencies, private businesses, schools and volunteers to develop a shaded fuel break that will extend 50 to 100 feet inward into the forest along Soda Bay Road; and

WHEREAS, the Countywide Parks and Recreation Advisory Board approved a similar proclamation in support of the Black Forest Prevention Project at their scheduled meeting of February 21, 2007

NOW, THEREFORE, BE IT PROCLAMINED, that the Board of Supervisors of the County of Lake, does hereby designate Saturday, April 21, 2007, as Black Forest Fire Prevention Project Day, and encourages full participation by the community in developing a shaded fuel break

BE IT FURTHER PROCLAMINED, that certain County resources, such as road barriers and signage for detours, chipping services or other appropriate County resources, authorized by the County Administrator, shall be offered to make this project a success.

PASSED AND ADOPTED this 13th day of March, 2007.

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Plumbing hung at the factory can be damaged during transit or, as seen here, needs to be adjusted after the house is in place. Sagging pipes are likely to back up or crack from stress. Photo courtesy of Janis Paris.

LAKE COUNTY – The Manufactured Housing Citizens Group has launched a survey of manufactured home purchasers in Lake County. Initial surveys have been mailed to buyers who have previously contacted the group, and mail-in forms will be sent to anyone requesting them. Deadline for completion of the forms is April 15.

The survey will be used to demonstrate to the Lake County Board of Supervisors that the county needs to take steps to better protect consumers of manufactured housing. The group, whose Web site can be viewed at www.LakeLive.org/MFhousing, will ask the county to either upgrade the inspection/permit criteria for new manufactured homes or to pass an ordinance requiring that local dealers disclose to buyers their legal right both to hire an attorney to review purchase contracts and to hire an independent home inspection, which must be passed before the buyer’s funds are released.

According to the Manufactured Housing Citizens Group, current inspections rendered by the county are not detailed enough to ensure that the homes are installed “accordingly to manufacturers specifications” (per the Senate Select Committee on Mobilehome and Manufactured Housing).

The group has taken dozens of complaints from Lake County buyers in the past four years of its existence, and these complaints appear to be typical of the findings of the famous AARP study of 1999 that found that three of every four new manufactured homes has serious problems, most of which are not corrected by the dealer but are paid for by the buyer.

Although the manufacture of the units themselves is governed by federal law, installation has been left up to the states and leaves the consumer extremely vulnerable. Once money is transferred, dealers and manufactures may have little interest in correcting problems. State agencies and licensing boards may eventually be effectual, but consumers need to be aware that these boards who supposedly look after buyers are equally mandated to protect the interests of the trade and industry people at fault. And purchase contracts do not typically provide for attorney’s fees to the winner thus making legal help too expensive for the average buyer.

Consumers across the country are trying for improved legislation at all levels (federal, state and county) to standardize and upgrade installation of new manufactured homes. This is particularly relevant to areas like Lake County where economical housing is imperative.

The typical buyer of manufactured housing is both older (over 52 years old) than the typical buyer of stick-built housing and earns less than $30,000 per year. Manufactured housing can cost substantially less than stick-built housing (as much as half the cost), and a properly supervised industry could go a long way to improving the state’s housing shortage.

The group hopes that Lake County can serve as a model for state legislation by upgrading inspections if feasible, and if not, then implementing a mandatory disclosure to buyers warning them of the inadequacy of current protections.

The group

In the past several years the group has presented a legislative proposal to lawmakers with a petition signed by over 100 Lake County residents. The group conducts one or more educational seminars every year teaching the public how to protect themselves when buying a manufactured home.

The Lake County group has worked closely with Consumers Union, the nonprofit branch of Consumer Reports, and this national group has furnished dozens of the publication “Tips on Mobilehomes” free to county residents, available at local seminars or by phoning the local group.

This publication is listed among the bibliography carried on the local group’s Web site in addition to several other important documents. One of these is the Manufactured Housing Institute’s primer about how to buy a manufactured home (less detailed than Consumers Unions’ “Tips”). Other items are links to a list of all U.S. manufacturers, information about independent inspectors, and California licensing and trade organizations (with instructions about how to lodge complaints).

Local data listed on the Web site includes references to local attorneys and a checklist to follow when hiring legal services. Lake County is lucky to have several attorneys knowledgeable and willing to work on the buyer’s side. Future projects include a legal addendum (a project currently under way) that will consist of approximately one page of legal clauses that offers more protection to the buyer than does the standard purchase contract. Buyers will be able to download this page and discuss it with their attorney.

The group hopes to encourage dealers to accept the terms of this addendum and for those who do, the Web site will list them under “recommended dealers.” This should serve as a positive alternative for those who are ready to purchase.

While lawsuit is not the primary solution recommended by the group, the Manufactured Housing Citizens Group has been instrumental in organizing several lawsuits against Lake County dealers, including a “group-action” lawsuit of multiple families.

Although there is a California “ombudsman” who licenses manufactured housing dealers (within HCD, the state agency responsible for administering HUD), the California agency has been reluctant to make information available to the public about violations/citations against individual dealers. Consumers Union has a campaign for all 50 states to make such information readily available, but California ombudsman Richard Weinert justifies refusing this request by saying that this information can “easily mislead.”

The ombudsman’s office has similarly justified the exorbitant fee for looking up information about dealers’ violations: although the California code says this fee should be “reasonable,” the HCD fee chart cites $196 for this information. The Lake County Democrats expressed concern that this fee impeded public access, but the ombudsman responded that this information “requires an extensive search”; Weinert’s office went on to say that they are “pursuing the ability to list disciplinary actions against licensees online” but that this “development like the license query engine project did, takes time.” (The license query engine lists all other information required by law to be furnished to the public except information about violations.)
 
The problem

Consumers Union is adamant that until legislation is enacted at state and federal levels supervising the installation of manufactured housing, the consumer must protect him or herself by ensuring that money is kept back (much like a construction loan) until the home is inspected by a professional hired by the buyer. Obviously an attorney should be engaged to oversee this. In an informal survey conducted by the Manufactured Housing Citizen’s Group of professionals involved in the industry, it has been suggested that at least 10 to 20 percent of the total price should be kept back in order to provide an incentive.

What are the problems that arise from unlegislated and potentially poor installation? AARP and Consumers Union agree that the most serious problems occur when the installer does a poor job of the plumbing or foundation (which would include the soil work); in fact, AARP says the majority of problems reported in its survey are “serious” and defines this as a problem that, if not resolved, can cause an array of other problems.

For instance, foundational problems can cause unsettling of the house and all working components like doors and windows and cupboards. Additionally, the house can separate at the center seam, and bad grading or uncompacted soil can cause flooding in the substructure. Buyers also report instances of witnessing installers connect two halves of a home with wet insulation (having seen the separate units sit in the rain for days or weeks prior to installation). Leaking pipes can be caused by cracks caused in transport or loose connections made by the installer. Pipes that leak into the walls or floorboard can easily introduce mold.

Buying a new car has far better protection than buying a manufactured home. This is largely because the law allows shared liability between the dealer and the manufacturer. The literature says that if a buyer is unable to obtain satisfaction from a dealer, he or she can call upon the manufacturer for repairs. Although this has been effective in a few cases, the local group finds that no one manufacturer has been consistently reliable in that regard. What happens most often is that the dealer says a certain repair is the responsibility of the manufacturer while the manufacturer blames the problem on the dealer – and the buyer is caught in the middle!

Although the 300 companies in the United States that manufacture pre-built homes are federally supervised, there are approximately 7,000 dealers installing these homes, and they have a strong incentive to lobby against laws that would impose stricter standards.

The problems commonly reported to the Manufactured Housing Citizens Group include the following: Homes are installed on loose soil or on grades that drain water toward the home (where it pools in the substructure), shabby construction of foundation piers, plumbing hung so as to cause stress on pipes, leaks that cause mold, uneven floors, broken roof tiles, missing tar paper, homes not properly joined at center, homes that are lower on one side than the other, uninstalled flooring or fixtures, and so on.

One of the biggest complaints the group receives is that county inspectors do not look under the home to verify foundation or plumbing. Another is that the dealer/installer promised buyers they could move in within a matter of months but actually took much longer, robbing buyers of valuable savings by forcing them to pay for many months rent in temporary situations.

A new phenomenon is being reported in Lake County: even though a dealer advertises an operation as “turnkey” (meaning the dealer promises to handle all details, permits, and so on, up to full move-in), at a later date tells the buyer that the company cannot handle the installation – and that if the buyer wants their house completed on time, he or she will have to sign a separate agreement with a private contractor. The Manufactured Housing group has been referring cases like this to a lawyer.

Buyers who have purchased a manufactured home and would like to participate in the survey can call 998-0249 to have a confidential form mailed to them. More information about the group is available at www.LakeLive.org/MFhousing.

Mold is a common complaint in new manufactured housing. The mold pictured here is a result of water leaking at the pipe joint. Water can also penetrate wall insulation when half-units stand for days or weeks waiting to be connected to other units. Photo courtesy of Janis Paris.

But as officials get ready for that meeting, they're experiencing frustration in reaching agreements with water board staff about what the city's actual sewer capacity really is.

At the same time, an offer of help from the county may turn things around.

City staff updated the Lakeport City Council on the situation at its Tuesday night meeting.

The water board delivered a cease and desist order, which included a ban on new hookups to the City of Lakeport Municipal Sewer District (CLMSD), to the city Jan. 18.

The hookup ban resulted from an incident last April in which the city sewer system became overloaded due to heavy rains and problems with Willopoint trailer park's sewer system.

The city tried to release treated wastewater from its system through irrigation, in order to prevent its sewer ponds overflowing, according to acting City Manager Richard Knoll. However, due to ground saturation, between three and six million gallons of treated wastewater ran off the site, into a Clear Lake tributary and, eventually, into the lake itself, violating CLMSD's waste discharge requirements.

The city met with water board representatives last month to ask that the sewer hookup ban be lifted, but the board staff didn't agree to do so.

Knoll, updating the council Tuesday, said city staff has been working with water board staff to come to an agreement on how much sewer capacity the city has.

Up until last Wednesday, said Knoll, city staff were “pretty optimistic” that they and the water board would see eye to eye on system capacity in the form of a “water balance” assessment.

On Wednesday, city Utilities Superintendent Mark Brannigan explained water balance as “an engineer's look at what their prediction of capacity would be if a 100-year storm event was to take place.”

Howeer, Knoll said the water board has used a calculation method that shows the city a sewer capacity that is substantially lower that what it's permitted for, said Knoll, which is three million gallons a day during peak flow periods.

That doesn't bode well for the city's chances of having the ban lifted, he said. “I frankly am coming before you tonight to kind of prepare you," Knoll told the council.

The water board's calculations also indicate that the city has less sewer capacity now than it did in the late 1980s, said Knoll, a conclusion he called “completely absurd.”

Brannigan said at the meeting that city staff has been working long hours to remedy the situation. He said that Tom Warnock, ans engineer with PACE Civil, the company working on its sewer master plan and other sewer-related projects, has been working with the city to address the water board's calculations.

Supervisor Anthony Farrington told the council that the county is familiar with how difficult it can be to deal with the water board on such issues. “The county has been there and done that and has the regional board t-shirt, and it's not a good t-shirt to have,” he said, noting that ratepayers lose out.

Farrington said he'd been speaking with individual council members over the past week about the sewer ban, and that he was offering to go to the Board of Supervisors for some help.

Last year, the city and county made an agreement in which the city would take on sewer hookups from Lampson Field. As part of that agreement, the county would eventually help make improvements to the Rose Avenue Pump Station.

Farrington said he is considering asking the board for $500,000 to begin work on retrofitting the pump station in order to allow 100 residential unit equivalents – or capacity for 100 homes – to flow to the county's northwest treatment facility.

Those measures could help the city on an interim basis, he said, and might result in the hookup ban being lifted. Farrington also mentioned that the county is looking at a Lampson Airport sewer system project, which would remove more residential unit equivalents from the city's sewer system.

“It's an opportunity for us to partner,” he said.

The council approved a motion that included pursuing Farrington's suggestions, along with directing staff to negotiate a contract with PACE Civil for improvements to the city's sewer facilities, which would add more capacity.

Meanwhile, the city is preparing for the March 15 water board meeting in Rancho Cordova.

“It's hard to say what's going to happen,” said Brannigan, who explained that they're hoping to come to agreement with water board staff about capacity before the meeting arrives.

The best case scenario, said Brannigan, would be that the board would lift the ban. The worst case, he said, would likely involve the hookup ban staying in place, with the city in much the same position as it is currently.

Farrington said Wednesday that as soon as he receives a letter from the city formally requesting county assistance, he'll schedule the topic for an upcoming board meeting.

He said the proposal's details will become more clear in the coming weeks, as he meets with city and county staffs.

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