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City Administrator Dale Neiman will make the presentation to the council at its meeting at 6 p.m. this Thursday, Feb. 11, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
In his report to the council, Neiman recommends the council provide comments and direction “on the serious financial issues” the city is facing and direct staff to evaluate the process for filing bankruptcy or detaching areas of the city to return to the county's jurisdiction.
He reported that the city has reduced staff by 30 percent and cut services. “Unfortunately, there is no way to provide appropriate services and make further cuts,” he wrote. “Without additional revenues, there is no way to solve the budget crisis.”
General fund revenues are 10-percent below budget projections, a trend that could result in the general fund being down by $356,755. That will leave the general fund with either a very small balance or a negative balance at year's end, according to Neiman.
The city's Proposition P police fund had a negative balance at the start of the year, and is projected to be in the red by $204,161 by July 1, for a total negative city cash balance of $428,630 at the end of the year, he said.
Redevelopment bond funds have been used to cover negative cash balances, but Neiman said redevelopment is supposed to have $373,000 less than the budget estimated.
He said the city receives less revenue than cities of similar size, with services costs that are much higher that similarly sized cities.
Neiman's report suggested that, if the funding trends continue, major issues will be facing the city, among them reduced policing and higher crime rates, degradation of paved streets and failing infrastructure, and citizen demand for services the city can't afford.
Beyond the initial mention of seeking bankruptcy or divestiture, Neiman's report does not go further into those proposals.
The other business item on the agenda for Thursday is consideration of confirming assessments for administrative penalties for failure to abate a public nuisance.
Also on the agenda for Thursday is the Anderson Marsh Interpretive Association's information report on the 2009 Old Time Bluegrass Festival, and the National Association for the Advancement of Colored People's presentation of an autographed photo of President Barack Obama to the city.
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Diane Denise Whitehurst, 41, was killed in the head-on collision, which occurred on Highway 20 west of Marina Drive near Lake Mendocino, according to Officer Marian Holcomb of the Ukiah area California Highway Patrol Office.
Holcomb said Whitehurst and two passengers were traveling westbound on Highway 20 in a 1997 Ford van when Whitehurst, who was traveling about 60 miles per hour, crossed the double-yellow lines.
She collided head-on with a 2004 Chevrolet Silverado pickup driven by Martin Zuniga Pena, 45, of Williams, Holcomb said.
Whitehurst died, and her passengers – whose names were not immediately available – were injured. A 27-year-old male from Redwood Valley riding with her had major injuries and a 20-year-old female passenger from Finley had minor injuries and denied medical care, according to Holcomb.
Pena suffered minor injuries and his 29-year-old female passenger, also from Williams, had moderate injuries. Holcomb said that everyone but the young woman from Finley were transported to Ukiah Valley Medical Center for care.
As to the reasons for the crash, Holcomb said, “Alcohol may be a factor.”
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Jason Garth Gilstrap, 46, was arrested on Feb. 4 on charges of burglary, forgery and possession of stolen property in the case, according to a report from Capt. Kurt Smallcomb of the Mendocino County Sheriff's Office.
On Jan. 12 Mendocino County Sheriff's deputies received a report that a western saddle valued at $2,500 and farrier equipment valued at $200 had been stolen from a barn at 998 Hearst Willits Road sometime in the previous 24 hours. Smallcomb said deputies took a burglary report at that time.
On Jan. 29, an employee of the Black Horse tack store contacted the Mendocino County Sheriff's Office and advised that she had purchased a saddle matching the description of the stolen saddle, according to the report.
Smallcomb said the woman later saw a picture of the saddle she had purchased on a flier placed on a bulletin board by the victim of the theft. She called the owner of the saddle and advised she was now in possession of his stolen property.
The employee told deputies she purchased the saddle from a white male in his forties for $250 on Jan. 28. Smallcomb said she was able to provide the deputies with the false name used by the suspect, his physical description and that of a companion he had with him that day. She also was able to provided an accurate description of the suspect's vehicle.
Based on the vehicle description provided by the Black Horse employee, deputies were able to locate the suspect's companion. Smallcomb said information gleaned from that interview led to the identification of Gilstrap, whose identity later was confirmed by a photo lineup shown to the tack store employee.
Gilstrap confessed to using a false name to sell the stolen saddle, Smallcomb said. He was arrested and booked into the Mendocino County Jail. Bail was set at $15,000.
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The report, released last month, gave the state of California a failing grade in battling tobacco's lethal effects, despite the fact that the state once had been a national leader in the effort.
“It’s time to raise the grade,” said American Lung Association in California President and Chief Executive Officer Jane Warner, who pointed to mixed results across all levels of the state. “For all Californians, strong tobacco control policies must be a top priority.”
The annual report card looked at 373 cities and 34 counties throughout California and graded them on how they protect citizens from the effects of secondhand smoke in outdoor environments and multi-unit housing.
Specifically, the rankings are based on the ordinances cities and counties have in place covering smokefree outdoor environments, smokefree housing and tobacco sales reductions, with each of those areas averaged to reach an overall grade.
The city of Clearlake received an F grade, with no points earned for requiring dining, entryways, public events, recreation areas, service areas and sidewalks to be smokefree.
The report also found no nonsmoking units, common areas or disclosures under housing grades, and in reducing tobacco products the city had no points for such issues as tobacco retailer licensing and requiring conditional use permits.
The county received identical marks, based on the report.
The city of Lakeport fared slightly better.
Although it received an F grade overall, Lakeport received a D in outdoor air grades because it earned three points for having smokefree recreation areas, which were established in Ordinance No. 859, unanimously accepted by the council on Nov. 21, 2006, according to city records. An earlier version of the ordinance included provisions regarding smoking in front of businesses, which the council removed.
The county and cities weren't alone in their grades. The report listed 271 cities and counties that received overall F grades.
Four cities – Richmond, Albany, Calabasas and Glendale – received overall A grades, according to the report. In addition, 24 cities and counties received A grades for smokefree outdoor air regulations, six earned A grades for smokefree housing and 60 obtained A grades for reducing sales of tobacco products.
The report was released last month in Richmond, where officials pointed out that the city had, in one year, raised its F and D grades to A grades after enacting new ordinances. The city now has the strongest smokefree housing ordinance in the nation, prohibiting smoking in 100 percent of all multi-unit housing, which accounts for some 34 percent of all housing in the city.
California received low grades overall for failing to adequately fund tobacco prevention and control programs, which are reportedly now at less than one-fifth the Centers for Disease Control and Prevention-recommended level.
Doug Gearhart, Lake County Air Quality Management District's pollution control officer, said the report is really a review of policies with a view toward protecting nonsmokers, and is looking for local rules that go beyond the basic state laws, which include not being able to smoke within 30 feet of a public building entrance.
Smoking is an air quality issue, Gearhart said. He said the state has determined that secondhand smoke is a toxic air contaminant.
The report gave California high marks for state laws that protect the public from secondhand smoke in enclosed public places and workplaces.
At the same time, however, the state received D grades for California's failure to raise the tobacco tax and provide cessation treatment and services to help people quit smoking.
Pam Granger, tobacco programs manager for the American Lung Association's North Coast region – stretching from the Golden Gate Bridge to the Oregon border – said that although Lake County's local grades don't look great, the report's grades can be an impetus to moving forward.
She said the whole point of the report is to increase public awareness as well as give the association a chance to recognize leadership when improvements have been made.
The Bay Area and the North Bay region – including Sonoma and Marin counties – have some of the best and strongest grades in the state, said Granger.
In Santa Rosa, efforts started when a bus operator went to the city council to complain about smokers coming into buses, she said.
In other areas, tenants in multi-housing units have raised the issue of clean air concerns. Granger said studies have shown that there is a 65-percent exchange in the air in common areas, meaning people are being exposed to secondhand smoke from their neighbors. That's of special concern in living situations where there are young families and seniors.
In Rohnert Park, the mayor had lived in a multi-unit housing complex and advocated for stricter rules to protect tenants, said Granger.
She said multi-unit housing where smoking restrictions have been put in place have benefited from fewer fires and lower replacement values for carpet and inside fixtures when a tenant moves out.
Addressing secondhand smoke is important because of its long-term health impacts on people, and its more immediate impacts on people with compromised conditions, who can have serious reactions in as little as 20 minutes, she explained.
“That's why we care,” she said.
Smoking is the sixth-largest cause of death in the United States, said Granger. “That you can stop.”
The measures that local governments can take don't have to be expensive, said Granger. They can include signs and some basic restrictions on where people can smoke.
Some areas also have stricter regulations in dealing with tobacco sales. Granger said in Marin County officials can pull a tobacco license if sales are made to minors. In the cities of Ukiah and Willits they have compliance checks that are paid for by Mendocino County. The city of Oakland has a licensing program that charges retailers $1,500 which supports the enforcement program.
Granger said she offers implementation support for cities that want to put new control measures in place.
Among the 50 states and the District of Columbia, California now ranks 32nd for its $.87 per pack tax, far below the national average of $1.34, according to the American Lung Association in California report.
Tobacco remains a major cause of concern for public health in California, according to the report, and costs taxpayers more than $18 million every year.
The state is home to nearly four million smokers, and tobacco is still California's No. 1 preventable cause of death. The report estimates that 36,684 people die annually because of the effects of smoking, a number that is more than the deaths resulting from alcohol, HIV/AIDS, car crashes, illegal drugs, murders and suicides combined.
Joy Swetnam, who works with Lake Family Resource Center's Lake County Tobacco Education Program, said the report doesn't look at ongoing efforts to reduce smoking.
She said decisions have to be made locally about whether or not a community supports the kinds of measures the association is seeking, such as changes in multi-unit housing rules.
Swetnam said there is a lot of movement right now in the two cities and the county to work at reducing things like underage smoking, an effort which takes time and education and community support.
“So we get a failing grade but it's not like we're not working on it and haven't been working on it,” she said, noting that the county just renewed its contract with the tobacco education program.
She said the county wants the program to continue with the youth purchase survey, which helps keep merchants aware of state and federal laws covering tobacco sales to minors.
Meanwhile, there is big support for trying to get the anti-smoking message out to younger students – such as fourth through sixth graders – but tobacco youth prevention funds have dried up, and funds are only available for high school-level education, Swetnam said.
“All the legislation in the world is not going to keep a child from starting smoking, because they don't have the education,” said Swetnam, noting that getting to high school and junior high students is too late.
She said many children start smoking as young as 11 or 12 years old, and some girls now are chewing tobacco to control their weight.
Complete report cards for all cities and counties may be accessed at www.californialung.org/raisethegrade along with complete scoring criteria.
The report card's release coincided with that of the American Lung Association's State of Tobacco Control 2009 national report card, which not only graded all 50 states and the District of Columbia but the federal government as well.
That report gave California an A for smokefree air, but D grades for cigarette tax and cessation coverage and an F for tobacco prevention and control spending.
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The event will be held from 11 a.m. to 5 p.m. Sunday, March 21, at the Kelseyville Olive Mill, located at 5625 Gaddy Lane in Kelseyville.
The festival will feature locally produced olives and olive oil, education and demonstrations, olive oil and olive recipe contests for amateurs and professionals alike, and a variety of other contests and activities for the whole family.
Vendors offering olive-related and other local products will be present the day of the event, offering samples, selling food, soaps, lotions, trinkets, and more, as well as providing educational materials about olives and our local industry.
There is no cost to attend the festival; samples and demonstrations are free of charge. Wine and beer tasting will be available for a $10 fee.
Several related contests will be held up to and during the festival, including a poster contest, amateur recipe contest, olive pit spitting contest, and “people’s choice” contests, such as the professional recipe contest, open to professional chefs and caterers, the olive oil contest, and cured olives contest.
The Kelseyville Olive Festival is presented by Rosa d’Oro Vineyards and the Kelseyville Olive Mill & Wine Co. Both companies are located in Kelseyville and produce wine and olive oil.
Event proceeds from the silent auction, raffle, wine store sales, and wine and beer tasting will benefit the Lake Family Resource Center. The Resource Center is a 501(c)3 nonprofit agency in Kelseyville that provides several programs in Lake County, including the Healthy Families Program, Rape Crisis Center, 24/7 Community Crisis Line, Behavioral Health Services, Early Head Start, Lake County Tobacco Control Program, Domestic Violence Assistance, and the Adolescent Family Life Program. For more information, call 707-279-0563.
For more information about Rosa d’Oro Vineyards, visit www.rosadorowine.com or call 707-279-0483. For information about Kelseyville Wine Co. and Kelseyville Olive Mill, visit www.kelseyvillewinecompany.com or call 707-279-2995.
For more information about the Kelseyville Olive Festival, contact Livia Kurtz, Rosa d’Oro Vineyards, at 707-279-0483 or visit www.kelseyvilleolivefestival.com.
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Mendocino County District Attorney Meredith Lintott said Monday that her office completed its investigation into the Oct. 12, 2009, death of Christopher Belknap, who died after a violent unprovoked attack against a Mendocino County Sheriff’s sergeant.
Lintott determined that the use of Tasers by a Mendocino County Sheriff’s sergeant and a Ukiah Police Department sergeant was a legally justifiable use of force against Belknap.
On Oct. 12, 2009, at approximately 8:30 p.m., a Mendocino County Sheriff’s sergeant was parked in the parking lot of 740 South State St., Ukiah, when he observed Belknap – a parolee released from prison the prior week – waving his arms in an agitated manner, according to the report.
Belknap approached the sergeant, who got out of his patrol vehicle and was immediately attacked without provocation, Lintott reported.
After being physically struck by Belknap several times, the sergeant deployed his Taser, striking Belknap in an attempt to subdue him. The report said Belknap continued the assault on the sergeant as backup officers arrived on scene.
A Ukiah Police sergeant observed Belknap attacking the sheriff’s sergeant and deployed his Taser in an attempt to stop the assault. Lintott's report said Belknap was then restrained in handcuffs and placed onto the ground.
Shortly afterwards Belknap lost consciousness and became unresponsive, officials reported. Medical personnel were called to the scene and Belknap was transported to Ukiah Valley Medical Center. Life saving efforts was administered and Belknap died a short time later.
A forensic autopsy determined that the cause of death was “sudden death” due to “excited delirium” with a contributing factor being “methamphetamine toxicity and bullous emphysema.”
In addition, a forensic toxicologist found a high level of methamphetamine in Belknap’s blood and determined that this high level can result in violent and irrational behavior. The Mendocino County Coroner ruled the death as accidental.
The investigation was conducted by the Mendocino County District Attorney’s Office Bureau of Investigations at the request of the Mendocino County Sheriff’s Office and the Ukiah Police Department per the countywide protocol, Lintott reported.
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