Supervisors to hear updates on Valley fire building permit issues, code enforcement

LAKEPORT, Calif. – This week the Board of Supervisors will get updates on code enforcement issues and plans for a south county permitting office to help with rebuilding after the Valley fire.

The board will meet beginning at 9 a.m. Tuesday, Jan. 19, 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 and online at http://www.co.lake.ca.us/Government/Boards/Board_of_Supervisors/calendar.htm . Accompanying board documents, the agenda and archived board meeting videos also are available at that link.

Community Development Director Rick Coel and his staff will give the board an update in an untimed item concerning temporary building plan review and permit fee deferral for uninsured Valley fire property owners, and operational status of Middletown permit office.

“We will also take this opportunity to provide your Board with an update on the Middletown permit office operations, and efforts that have been taken to streamline the building permit process,” Coel's memo to the board said.

At 10:10 a.m. Coel and his staff also will give an update to the board on the Code Enforcement Program activities from April 2015 through the end of the year.

“Despite the shifting priorities that resulted from the fires over the summer, the Department continues to make steady progress with the Program,” the staff memo explained.

Interim Public Services Director Kim Clymire is scheduled to go before the board at 10:30 a.m. Tuesday to give updates on the agency's Solid Waste Division and issues including universal collection, debris cleanup from the wildfires, an import contract and fire debris revenue.

Also on Tuesday, in an untimed item, the board will consider continuing the proclamation of a local health emergency by the Lake County health officer due to the Valley fire.

In other business, at 9:10 a.m. the board will host a swearing-in ceremony for correctional officers Efren Jauregui, Jr., Shelby Crawford and Frank Gudmundson.

The full agenda follows.

CONSENT AGENDA

7.1: Adopt resolution amending Resolution No. 2015-119 to Amend the FY 15-16 Adopted Budget to Adjust Revenues and Appropriations in Budget Unit 2303 - Juvenile Hall and Budget Unit - Animal Care and Control.   

7.2: Approve amendment to agreement between the county of Lake and Regents of the University of California, Agriculture and Natural Resources for Master Gardner Services, a new contract maximum of $15,200 and 100 percent county funding, and authorize the county administrative officer/purchasing agent to sign.   

7.3: Authorize Assessor-Recorder Richard Ford to appoint Jim Campbell as chief deputy assessor-recorder at step 5, due to his extraordinary experience.   

7.4: Adopt resolution approving the purchase of a temporary construction easement and fee title on a portion of a certain parcel (APN 008-020-160) as part of bridge replacement project on Mathews Road, and authorize the county administrative officer or the Public Works director to execute the necessary documents.

7.5: Adopt resolution approving the purchase of a temporary construction easement and fee title on a portion of a certain parcel (APN 008-020-450) as part of bridge replacement project on Mathews Road, and authorize the county administrative officer or the Public Works director to execute the necessary documents.

7.6: Approve indemnification agreement (Eickhoff Road) between the county of Lake and Regina Legoski.

7.8: Adopt resolution authorizing the director of Public Works to sign a notice of completion for work performed by statewide traffic safety and signs on the HR3 Sign Replacement and Striping Project.

7.9: Sitting as the Lake County Watershed Protection District Board of Directors, approve amendment 4 to agreement between the Lake County Watershed Protection District and Paragon Ltd. for appraisal and relocation assistance services for the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project, extending the agreement period until Dec. 31, 2016.     

7.10: Approve Amendment No. 2 to agreement between the county of Lake and Peterson Tractor Co. for equipment repair and service, an increase of $50,000 for a new contract maximum of $225,000, and authorize the chair to sign.

7.11: Approve request to renew and update software and hardware support from California SAWS Consortium-IV, in the amount of $39,279, and authorize the Social Services director to sign the purchase order and all other paperwork associated with purchase.     

TIMED ITEMS

8.2, 9:10 a.m.: Continued from Jan. 5, 2016, swearing-in ceremony for correctional officers Efren Jauregui, Jr., Shelby Crawford and Frank Gudmundson.

8.3, 9:30 a.m.: Public hearing, continued from Dec. 1, 2015, consideration of resolution making findings necessary to authorize an energy services contract for replacement and upgrade of the utility service that support the Buckingham Peak Communication Facility.    

8.4, 10 a.m.: Hearing, nuisance abatement assessment confirmation and proposed recordation of notice of lien in the amount of $1,141.76, for 4595 Foothill Drive, Lucerne, CA (APN 034-032-28 - William Ward & Edith Ward).

8.5, 10:10 a.m.: Presentation of update on code enforcement.

8.6, 10:30 a.m.: Report and update regarding the Eastlake Landfill.

UNTIMED ITEMS

9.3: Consideration of continuing the proclamation of a local health emergency by the Lake County health officer.

9.4: Consideration of resolution declaring the board of supervisors' intention to sell property, not required for public use, known as Holiday Harbor, located at 3605 and 3655 Lakeshore Blvd., Nice, California (APN 032-133-35 and 032-137-01), pursuant to Government Code Section 25520 Et Seq.   

9.5: Consideration of (a) request to waive the policy for review and selection of professional consultants and other contract service providers; and (b) approval of agreement between the county of Lake and PulsePoint Inc. for content marketing services for the Lake County Marketing Program.

9.6: Consideration of letter to William H. Devin, AT&T vice president of Legislative Affairs, and authorize the chairman to sign.

9.7: Consideration of adoption of a resolution approving the application for funding from the state of California Department of Water Resources and designating the water resources director as applicant’s official representative for the Middle Creek Flood Control Project Feasibility Study.

9.8: Consideration of lifting Urgency Ordinance No. 3029 for Bonanza Springs Water, CSA No. 7.

9.9: Consideration of lifting Urgency Ordinance No. 3028 for County Service Area No. 18, Starview Water System.

9.10: Consideration of Receipt of $50,000 donation from Chleo W. Clarey Irrevocable Trust to the Lake County Library for purchase of library materials.   

9.11: Update concerning temporary building plan review and permit fee deferral for uninsured Valley fire property owners, and operational status of Middletown permit office.

9.12: Adopt the resolution authorizing the director of Lake County Behavioral Health to accept the CCP Grant of $798,223 from the Department of Health Care Services for the provision of financial support for the CCP in Lake County.     

9.13: Consideration of (a) waiving the policy for the selection of consultants and other service providers; (b) agreement between the county of Lake and Gretchen Mills in the amount of $55,000 for the period of Dec. 20, 2015, through Dec. 31, 2016; and (c) agreements between the county of Lake and the following contractors for the Crisis Counseling Assistance and Training Program for the period from Jan. 19, 2016, through Dec. 31, 2016: (1) Janet Taylor in the amount of $40,000; (2) Stacy Williams in the amount of $40,000; (3) Lorna O’Kellie in the amount of $40,000; (4) Christina Orozco in the amount of $20,000; (5) Shane Rosin in the amount of $40,000; (6) Karey Abbott in the amount of $40,000; and (7) JoAnn Saccato in the amount of $40,000.   

9.14: Consideration of (a) waiving county consultant selection policy; and (b) approve agreement between the county of Lake and California Association of Environmental Health Administrators (CAEHA) for professional debris cleanup services due to wildland fires.     

9.15: Discussion and consideration of (a) splitting the role of director of Public Works and Water Resources into separate director positions; (b) establishing the minimum qualification criteria for recruiting the new position for water resources; (c) request a recruitment process broader than normal because of the unique nature of the position.          

CLOSED SESSION

10.2: Public employment pursuant to Gov. Code Sec. 54957 – interviews title: Public Services director.

10.3: Conference with legal counsel: Decision whether to initiate litigation pursuant to Gov. Code Sec. 54956.9(d)(4): One potential case.   

10.4: Conference with legal counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9(d)(1): Lakeside Heights HOA 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 City Council to get financial update, consider AutoZone zone change

LAKEPORT, Calif. – This week the Lakeport City Council will get a report on the city's financial activity, consider a zone change for a proposed retail project, and adopt ordinances to update the duties of the city's finance director and how the city clerk is hired.

The council will meet at 6 p.m. Tuesday, Jan. 19, in the council chambers at Lakeport City Hall, 225 Park St.

Finance Director Dan Buffalo will present to the council the year-end budget review.

Buffalo will review with the council the quarterly and year-end financial report summarizing the city’s overall financial activity and position through June 30, 2015.

In other business, the council will introduce the zone change ordinance for the Lakeport AutoZone project and adopt a mitigated negative declaration based on the environmental review/initial study for the project, proposed to be built on Industrial Avenue.

Also on Tuesday, the council will conduct a public hearing and adopt the proposed ordinance giving the city finance direction financial reporting duties formerly performed by the city clerk; hold a public hearing and adopt the proposed ordinance amending the municipal code in order to give the city manager the power to hire the city clerk; and a new city employee will be introduced.

On the meeting's consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – are ordinances; minutes of the regular Lakeport City Council meeting on Jan. 5; the warrant register for Jan. 6; and approval of sending a letter to the California Air Resources Board supporting the Northern California Rural Zero Emission Bus Commercial Deployment Project Grant Application.

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.

011916 Lakeport City Council agenda packet

Clearlake City Council approves first reading of stricter marijuana cultivation rules

CLEARLAKE, Calif. – On Thursday night, following a staff report, brief public input and discussion, the Clearlake City Council unanimously approved the first reading of a new ordinance to put in place stricter rules for medical marijuana cultivation in the city.

At its Dec. 15 meeting the Clearlake Planning Commission considered the updated regulations – the product of the work of an ad hoc committee that began meeting in October – and voted unanimously to recommend them to the city council, Lake County News has reported.

The current city regulations have been in effect since June, after the city council had attempted to implement a full ban last spring that was challenged by a referendum, City Manager Greg Folsom explained in his report to the council.

The city created the ad hoc committee, which included council members Russ Perdock and Bruno Sabatier, Realtor Dave Hughes, dispensary owner Liz Byrd, business owners Dan Griffin and Vince Metzger, and Lake County Fire Protection District Chief Willie Sapeta.

Folsom said the committee met for the first time on Oct. 7, two days before Gov. Jerry Brown signed the three-bill package known as the Medical Marijuana Regulation and Safety Act.

That new legislation provides for dual licensing by state and local governments of marijuana businesses according to local ordinances, Folsom told the council.

He said the legislation also expressly protects local licensing practices, zoning ordinances and local constitutional police power; upholds local power to levy fees and taxes; provides for civil penalties for unlicensed growing activity; specifies that criminal penalties under existing law will continue to apply; and directs a multiagency task force to reduce impacts of marijuana cultivation, including environmental issues such as illegal discharge into waterways, and poisoning of marine life and habitats.

Folsom said the legislation “is clear in giving the city authority to regulate or ban medical marijuana cultivation as well as to require a permit or license and to charge a fee.”

Based on the referendum last year, Folsom said a “sizable portion” of the citizenry wanted to continue to cultivate medical marijuana.

“The ad hoc committee recognizes this and is, therefore, not recommending a ban, but is recommending a much stricter ordinance that can be more easily enforced,” he said.

Folsom said the existing ordinance prohibits cultivation on vacant lots, outdoor cultivation within 600 feet of a public or private school or a child care center, outdoor cultivation within a mobile home park unless within a designated garden area or a leased lot that exceeds 4,500 square feet, cultivation within any property with multifamily dwellings and processing of medical marijuana.

On parcels with residences it also prohibits outdoor cultivation of more than six plants on less than half an acre, more than 12 plants won half an acre to one acre, more than 18 plants on one acre to five acres, 36 plants on five to 40 acres, and more than 48 plants on 40 acres or more, Folsom said.

He said the new ordinance prohibits the following: cultivation on vacant lots; any indoor cultivation within a residential dwelling unit unless allowed by dispensary ordinance; cultivation within 600 feet of a public or private school, a child care center or a public park; cultivation within any property with multifamily dwellings; outdoor cultivation within a mobile home park; a cultivation area in excess of 100 square feet; cultivation without a city-approved permit; processing of medical marijuana that in any way alters the chemical structure; plants that are visible from any public right of way; and processing marijuana in excess of that cultivated at said property.

It also does not allow diversion of water from any waterway; cultivation within 100 feet of specified drainage areas, including Clear Lake, Burns Valley Creek, Miller Creek, Alvita Creek, Molesworth Creek and Cache Creek; cultivation within any commercial zone, mixed use residential, scenic corridor or beautification zone; cultivation in excess of six plants no matter what size lot; and any type of commercial cultivation, according to Folsom.

Folsom said the new rules require all grow sites to be registered by May 1, with the registration valid from May 1 to April 30; that permission be granted to the city to enter and inspect grow sites up to two times a year, in addition to the initial inspection; the property owner gives approval to grow in writing; a copy of a current recommendation, which must be issued to the property's legal tenant; proof of residence; a water source; a 10-foot by 10-foot grow area or accessory structure, which must be locked at all times; 6 foot solid fencing; a permanent legal residential structure on the property; and setbacks of 5 feet from the home and 10 feet from the property line.

The new regulations allow the city to abate grows that aren't registered, levy a $300 fine for failure to register for growing and issue growing suspensions for violations of the rules. Folsom said the new ordinance also would move the rules from police to zoning regulations.

Folsom said the city permit to grow would cost $150 annually. He said if the city issued 500 such permits, it could generate up to $75,000 annually to offset the cost of enforcement.

For comparison, he said South Lake Tahoe charges a $350 initial set up fee and an annual inspection fee of $217, while the city of Oroville charges a $265 fee for a two-year cultivation permit.

During public comment, Michael Green, president of the Fresno Cannabis Association and a new resident of Lakeport, said the proposed ordinance contains “problematic” areas that could give rise to litigation, including a $1,000 per plant fine, which he said instead should be $1,000 per day; the 10-foot by 10-foot enclosure; and the permitting process.

Earl Richardson, who owns a 40-acre property in the city, wanted the council to create a conditional use permit process that would allow different growing amounts under certain conditions.

Ad hoc committee member Vince Metzger said he supported the ordinance. “For now I think it's one of the best around,” he said, although he added that there should be some allowance for commercial grows.

During council discussion, Sabatier said he was concerned about implementing a permanent ban on properties where there are repeated rule violations – as the draft ordinance originally proposed – as that could impact future property owners.

He also questioned the setbacks, which Perdock said were intended for security.

“We have to keep our eyes open, said Perdock, explaining that they had to acknowledge that illegal marijuana cultivation has been a problem in the city, and also the cause of about half a dozen murders.

“We're trying to create a safer living environment for our residents. For me that's key,” Perdock said.

Councilwoman Denise Loustalot thanked everyone involved with drafting the regulations. “I think this was a very well vetted process that was done this time,” she said, noting it didn't just include the council.

She also agreed with not implementing a permanent growing ban on properties where there are problems, although she said she was fine with the $1,000-per-plant fine.

Perdock said everyone worked well together in drafting the new regulations. “People may speak ill of us, but I'm telling you Clearlake can be a place again to be proud of.”

During continued discussion, Sabatier suggested that rather than a permanent ban on properties where there are multiple violations, instead the ban be limited to five years. City Attorney Ryan Jones also suggested the word “criminal” be removed one of the parts of the document based on recent case law requirements.

“I think we have here a really terrific compromise, a very well thought out document,” that protects patients' rights, property use and values, said Vice Mayor Gina Fortino Dickson.

At the end of the half-hour of consideration and discussion, Fortino Dickson moved to approve the document with the changes suggested by Sabatier and Jones, with a second reading scheduled for the council's next meeting later this month. The council approved the motion 5-0.

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.

011416 Clearlake updated marijuana regulations