HIDDEN VALLEY LAKE, Calif. – The Hidden Valley Lake Community Services District is moving forward with implementing new sewer rates beginning this summer, but plans for similar water rate increases are on hold pending review of a court decision relating to the city of San Juan Capistrano water district handed down earlier this month.

At its meeting April 21, the Hidden Valley Lake Community Services District Board of Directors adopted the new sewer rates, effective July 1.

The proposed sewer rates consist of two components: a “fixed charge” and a “volumetric charge,” the district reported.

All sewer customers pay the same fixed charge, the district said, while the volumetric charge is determined by the average monthly water usage for the months of January through April.

As a general rule, a residential or commercial customer’s average monthly water use for the months of January through April provides a reasonable estimate of the wastewater produced each month of the year. Customers generating less wastewater will pay less for sewer service than those producing larger volumes of wastewater, the district reported.

Sewer charges will be adjusted on July 1 of each year, with the volumetric charge being based on actual average monthly water usage in the preceding months of January through April, according to the district.

Also on April 21, the board discussed but did not adopt the proposed water rate increases, which included a tiered water rate structure.

The day before, on April 20, California’s Fourth District Court of Appeal found that the city of San Juan Capistrano’s tiered water rate structure was unconstitutional because it charged more for water than it cost to provide the service.

Pursuant to Proposition 218, water rate charges cannot exceed the cost of providing water service. 

Historically, tiered water rate structures have been used to incentivize water conservation by charging higher rates for “excessive” water use, the Hidden Valley Lake Community Services District reported. Typically, the charge rates associated with excessive water use are greater than the corresponding cost of providing water service.

Although the Fourth District Court of Appeal did not conclude that tiered water rate structures were unconstitutional per se, the court also did not define what constitutes a credible cost of service analysis in support of a tiered water rate structure, thereby leaving all tiered water rate structures open to legal challenges.

At least for now, the future of tiered water rate structures and more specifically the legality of tiered water rate structures remain unclear, district officials said.

The Hidden Valley Lake Community Services District’s proposed tiered water rate structure included excessive water use tiers that were designed to incentivize water conservation and were not strictly based on the actual cost of providing water service.

Given the uncertainty regarding tiered water rates, the district said it will be proposing an alternative rate structure and will issue a new Proposition 218 water rate increase notice in the near future.

LAKE COUNTY, Calif. – An Upper Lake couple waived their preliminary hearing on Wednesday in a marijuana cultivation case stemming from the investigation into a Christmas Day shooting in 2013.

With the waiving of Wednesday's scheduled hearing, James Michael Jean, 52, and his wife, Nora Katherine Jean, 50, will return to court on May 19 for arraignment in order to begin the process for moving toward trial, according to Senior Deputy District Attorney Art Grothe.

They both are facing felony charges of possession of marijuana for sale, furnishing or transporting marijuana and a special allegation of being armed in the commission of a felony, according to court documents.

James Jean is facing additional felony charges of being a felon in possession of a firearm and ammunition, and a strike allegation for five robbery charges – for which he was convicted on the same day in April 1992 – in Orange County, the filings showed.

California Department of Correction and Rehabilitation officials confirmed to Lake County News that James Jean was incarcerated in the 1990s for those convictions.

Lakeport attorney Anakalia Sullivan, who is representing Nora Jean, said it's anticipated that the two pending criminal cases are to be consolidated.

Jeffrey Schwartz of Humboldt County, who specializes in marijuana-related cases and is representing James Jean, did not respond to a message left for him on Wednesday seeking comment.

The Jeans were arrested on Dec. 26, 2013, with law enforcement originally responding to their Upper Lake home on Hunter Point Road the previous morning after receiving a 911 call that an intruder at the residence had been shot.

Deputies arriving at the scene found the body of county resident 30-year-old Maurice Oliver Watts III, along with a replica handgun nearby.

Lake County Superior Court records showed that Watts had several local convictions for theft, battery, violating probation, carrying a concealed weapon and first-degree burglary.

The subsequent service of search warrants led to the seizure of hundreds of pounds of marijuana, three handguns and 13 rifles – some of which were high-powered, assault-style weapons, according to a sheriff's report – at the Jeans' home, a business they own in Upper Lake and at a Broadway Avenue address in Nice, authorities said.

Lt. Steve Brooks of the Lake County Sheriff's Office told Lake County News that the agency's investigators completed the investigation and submitted it to the District Attorney's Office.

“They gave us that case and this is what we filed on it,” said Grothe.

As for the death of Watts, “There’s not sufficient evidence to file murder charges,” Grothe said.

Sullivan said the Jeans “are the victims of an attempted home invasion style robbery of their home, not criminals,” and cited their contributions to the county through their business and community work, adding, “this prosecution is unfounded and has maligned their reputation in the community.”

She said Nora Jean “looks forward to restoring her and her family's good name through the process of fighting these cases.”

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

LAKEPORT, Calif. – The Board of Supervisors this week will discuss contract amendments and waiving the sealed bidding process for a sheriff's equipment purchase.

The board will meet beginning at 9 a.m. Tuesday, April 21, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport.

The meeting can be watched live on Channel 8 with the video available online at http://www.co.lake.ca.us/Government/Boards/Board_of_Supervisors/calendar.htm . Accompanying board documents and the agenda also are available at that link.

In untimed items, the board will consider an amendment in the agreement between the county of Lake and Glass Architects for facility design services for Behavioral Health Clearlake facility expansion, with the total amount at $65,220.

The board also will consider waiving the normal sealed bidding process to authorize the sheriff/coroner's assistant purchasing agent to issue a purchase order to Watchguard for 11 mobile audio video units, or MAVs, in the amount of $71,518.

In other business, the board will consider writing a letter of support to Congressman Mike Thompson regarding the Trans-Pacific Partnership, which relates to trade between California and Asia-Pacific countries.

The full agenda follows.

CONSENT AGENDA

7.1: Waive 900-hour limit for extra help Economic Development Manager Jack Long.

7.2: Adopt resolution approving right of way certification for Ackley Road/Manning Creek – Bridge Replacement Project – State Agreement No. BRLO-5914 (067) and authorization for chair to sign attached resolution and right-of-way certification.    

7.3: Sitting as the Lake County Air Quality Management District Board of Directors, adopt resolution authorizing participation in "Year 17" Carl Moyer Program and authorizing the air pollution control officer to submit grant application and sign program documents.   

7.4: Adopt resolution declaring county property (a 2003 963c track loader) surplus to the needs of the county and authorizing purchasing agent to sell said property for a minimum price of $10,000.     

7.5: Adopt resolution approving county of Lake Health Services, Public Health Division to apply for supplemental funding for Ebola preparedness and response through the California Department of Public Health and authorize the Health Services director to sign said application.

7.6: Approve purchase of network firewall through State CMAS contract from Nexus IS in the amount of $15,934.91 and authorize chair to sign statement of work, and authorize IT director to issue purchase order.   

7.7: Approve purchase of primary data storage system from Berkeley Communications as recommended by a selection committee, in the amount of $98,773.32 and authorize the chair to sign master services agreement, statement of work, and authorize IT director to issue purchase order.          

7.8: Approve amendment one to the agreement between the county of Lake and ALTA Archaeological Consulting for Archeological Services for the Eastlake Elementary School Safe Routes to School and Community Development Block Grant, an increase of $12,345, and authorize the chair to sign.     

7.9: Approve termination agreement between the county of Lake and Metro PCS, terminating the facility space license agreement, dated June 5, 2008, on Buckingham Peak effective Dec. 31, 2014, and providing for lump sum payment of $45,000 due to the county within 30 days, and authorize the chair to sign agreement.

7.10: Approve agreement between the county of Lake and PJ Helicopters for FY15/16 marijuana reconnaissance and eradication on public and private lands, in the amount of $60,000 and authorize the chair to sign.

7.11: Approve agreement between the Lake County Sheriff's Office and US Department of Justice, Drug Enforcement Administration, FY15/16 Marijuana Eradication, in the amount of $200,000 and authorize the sheriff to sign letter of agreement and authorize the chair to sign the workplace certifications and grant assurances.   

7.12: (a) Approve agreement between the Lake County Sheriff's Office and U.S. Forest Service for FY 15/16 annual operating and financial plan, in the amount of $11,000 for patrol services, and authorize the sheriff and the chair to sign; and (b) approve agreement between the Lake County Sheriff's Office and U.S. Forest Service, for FY15/16 annual operating and financial plan, in the amount of $19,000 for controlled substances, and authorize the sheriff and the chair to sign.

7.13: Approve amendment to agreement between the county of Lake and A&P Helicopters for FY 2014/15 marijuana reconnaissance and eradication on public and private land, an increase of $20,000 not to exceed $80,000 and authorize the chair to sign.   

7.14: Approve revision to previously awarded bid to purchase five Ford Explorer pursuits, an increase of $5,500 and authorize the sheriff/coroner, assistant purchasing agent to issue a revised purchase order.   

7.15: Sitting as the Kelseyville County Waterworks District #3, Board of Directors, adopt resolution designating applicant's agent to apply for California Disaster Assistance Act Funding 2014 Statewide December Winter Storm.

7.16: Sitting as the Lake County Sanitation District, Board of Directors, adopt resolution designating applicant's agent to apply for California Disaster Assistance Act Funding 2014 Statewide December Winter Storm.   

7.17: Adopt resolution designating applicant's agent to apply for California Disaster Assistance Act Funding 2014 Statewide December Winter Storm.

UNTIMED ITEMS

9.2: Consideration of out-of-cycle reclassification requests for Budget Unit 1121, and adopt resolution amending Resolution No. 2014-112 establishing position allocations for fiscal year 2014-2015, Budget Unit 1121, Auditor-Controller.

9.3: Consideration of letter of support for AB 203 (Obernolte) to increase due date for fire prevention fee and authorize the chair to sign.

9.4: Consideration of letter of support of the Trans-Pacific Partnership.

9.5: Consideration of amendment two to agreement between the county of Lake and Glass Architects for facility design services for Behavioral Health Clearlake Facility expansion in the amount of $65,220 and authorize the chair to sign.     

9.6: Consideration of (a) approval to waive normal sealed bidding process per Lake County Code Section 38.2; and (b) authorize the sheriff/coroner, assistant purchasing agent to issue a purchase order to Watchguard for 11 MAV's in the amount of $71, 518.

CLOSED SESSION

10.2: Conference with legal counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9(d) (1) - Fowler and Ford v. County of Lake.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

LAKEPORT, Calif. – A Lakeport resident fell victim this week to an aggressive scam that is circulating around Lake County and the rest of the country.

Lakeport Police Chief Brad Rasmussen said a woman contacted his agency on Wednesday to report that she had been scammed for $4,000 the previous day by a suspect who contacted her via telephone claiming to be a federal Internal Revenue Service agent.

The individual masquerading as the IRS agent threatened criminal charges if the victim did not pay the money immediately, Rasmussen said.

Rasmussen said the scammer then contacted the victim the next day advising that the tax bill was actually more than the original $4,000 and asked for additional money.

The victim then contacted the Lakeport Police Department and advised them of the calls, Rasmussen said.

A Lakeport Police officer, posing as a family member of the victim and using her cellular telephone, was able to talk to the suspect in an effort to gain information for investigation but was ultimately not able to develop any usable leads, according to Rasmussen.

Rasmussen said the aggressive scam using the IRS name has been occurring in the community over the past six months.

“Unfortunately, we do not expect the scam to end even though the tax filing date was yesterday,” Rasmussen said.

Late Thursday afternoon, Rasmussen said his department received another report from a Lakeport resident who was contacted earlier in the day by persons claiming to be IRS agents. In that case, no money was lost.

The most important information to be aware of is that the IRS does not contact persons by telephone or email regarding tax issues but rather only uses official United States Mail, Rasmussen said.

He said the scammers are using untraceable ghost telephone numbers and email addresses set up to look like official IRS contacts. 

Scam characteristics include:

• Scammers use fake names and IRS badge numbers. They generally use common names and surnames to identify themselves.

• Scammers may be able to recite the last four digits of a victim’s Social Security Number.

• Scammers spoof the IRS toll-free number on caller ID to make it appear that it’s the IRS calling.

• Scammers sometimes send bogus IRS emails to some victims to support their bogus calls.

• Victims hear background noise of other calls being conducted to mimic a call site.

• After threatening victims with jail time or driver’s license revocation, scammers hang up and others soon call back pretending to be from the local police or DMV, and the caller ID supports their claim.

If you receive one of these calls, do not believe any of it as the IRS does not conduct business this way. 

More information can be found on IRS Web sites at http://www.irs.gov/uac/Newsroom/IRS-Warns-of-Pervasive-Telephone-Scam and http://www.irs.gov/uac/Report-Phishing .