Local citizens committee formed to oppose measures O and P
LAKE COUNTY, Calif. – A new citizens committee has formed to defeat two marijuana-related measures on the November ballot.
The “Protect Our Lake County Committee” has emerged to oppose measures O and P on the November election ballot.
Former Lake County Planning Commissioner Monica Rosenthal of Middletown, who led the effort to get Measure N passed in June, and Lakeport resident Lynn Hollenback are serving as officers of the committee.
The new group credits “commercial marijuana growers” with placing measures O and P on the ballot in an effort “to repeal our voter-approved protections against their abusive practices which are jeopardizing the quality of life for Lake County residents.”
Representatives of the Protect Our Lake County Committee said the group was formed to defeat these two ballot measures and maintain the county's protection against large-scale commercial marijuana grows.
If one of the measures passes it would supplant Measure N, which voters passed in June and which went into effect in July.
Measure N prevents outdoor marijuana grows in community growth boundaries that primarily include residential neighborhoods; limits indoor grows to 100 square feet or less; limits plant numbers on parcels larger than one acre outside of community growth boundaries to six mature or 12 immature plants; prevents grows on vacant parcels; keeps outdoor cultivation 1,000 feet from schools, parks or other facilities serving children, and 100 feet from water bodies; allows collective grows not exceeding 48 mature plants or 72 immature plants on agriculture-zoned parcels of 20 acres or more; and makes the Lake County Sheriff's Office responsible for enforcement.
The Board of Supervisors has passed it as Ordinance No. 2997 last December but it went on the ballot due to a referendum. Measure N passed by a 51.6 percent to 48.4 percent margin.
Ahead of the June election, the Emerald Unity Coalition in May submitted to the Registrar of Voters Office signatures to place the Medical Marijuana Control Act – or Measure O – on the November ballot.
Measure O would allow four marijuana plants per parcel on properties of under an acre, limits collective gardens to 48 plants on rural properties of five acres or more, requires fully fenced and locked garden areas, creates a medical marijuana enforcement division in the Community Development Department and establishes a medical marijuana enforcement officer position, the hiring of which must be ratified by a majority vote of the Board of Supervisors following a public hearing.
It also includes criminal infraction penalties, rather than misdemeanors, for violations in residential areas, and would require collective grows with 13 or more plants to register with the county's medical marijuana enforcement division and pay a per-plant fee of up to $50, with the Board of Supervisors responsible for setting the fee amount.
At the same time, Lucerne residents Ron Kiczenski and his son Conrad put forward “The Freedom to Garden Human Rights Restoration Act of 2014,” or Measure P.
While Measure P does not specifically mention marijuana, the Kiczenskis are known marijuana advocates who previously tried unsuccessfully to use the courts to prevent marijuana-related enforcement at the local and federal levels.
Measure P exempts “an individual's home gardening efforts or abilities” from any limiting county permits or county ordinances, and would allow for an unlimited number of plants of any type to be grown, with little recourse for neighbors who have complaints.
The Emerald Unity Coalition has said that Measure P conflicts with its Measure O.
The new citizens committee wants to prevent both O and P from becoming the law in Lake County.
“We urge the people of Lake County to take action against the negative impacts of commercial marijuana growers, many of whom don’t live here, by voting NO on both Measure O and Measure P,” said Rosenthal.
Other committee supporters include Fifth District County Supervisor Rob Brown, First District County Supervisor Jim Comstock, self-employed Riviera resident Bruce Hollander, retired Deputy Sheriff Gary Schurdell and local vineyard owner Beau Moore.
The committee has launched a new Web site, www.ProtectOurLakeCounty.com , to educate the public about the two ballot measures. Committee members encourage all interested voters to visit this Web site.
The committee has retained the services of professional campaign consultant Chris Jones to quarterback the campaign against Measures O and P.
Jones recently led two successful ballot measure campaigns that defeated the commercial marijuana lobby in Lake County – Measure N in June of 2014 and Measure D in 2012.
“Measures O and P have nothing to do with medical marijuana,” said Jones. “The county’s voter-approved ordinance permits the cultivation of marijuana for medical and personal use.”
Jones added, “The real purpose behind measures O and P is to put profits ahead of people. Commercial marijuana growers want to eliminate effective law enforcement oversight of their activities so they can pollute the environment, divert water from streams and profiteer at the expense of Lake County’s quality of life.”
Anyone interested in getting a yard sign or volunteering to help with the campaign is encouraged to contact Monica Rosenthal at
Donations should be made payable to “Protect Our Lake County” and mailed to the Committee at P.O. Box 1105, Middletown, CA 95461.
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City of Clearlake works to complete major capital improvement projects

CLEARLAKE, Calif. – Several capital improvement projects in the city of Clearlake are getting nearer to completion, including a multiyear project that will enhance recreation amenities in the city.
The Thompson Harbor Boat Launch Facility project is entering its final phase while road projects are being completed and others are continuing in effort to improve safety and create continuity and connectivity throughout the city.
The rehabilitation of Thompson Harbor has been an active capital project since 2012, when the California Boating and Waterways awarded the city a grant in the amount of $945,000.
The grant application originally was submitted in 2010, but Clearlake Public Works Director Doug Herren said the need for the project was identified much earlier.
“I've been working on this since 2007. It's a lengthy process but it's necessary,” Herren said. “Thompson Harbor is one of the most utilized boat launching facilities around the lake. It is an important asset to the city and it must be maintained for the public.”
Herren said the project was identified to ensure Americans with Disabilities Act (ADA) compliance, enhance parking lot and boat launching facilities and improve the safety of the park.
The scope of work funded through the grant includes lengthening one boarding dock; replacing two suspended boarding float docks; replacing two other boarding floats; adding security lighting in the parking lot area and on the boarding floats; dredging in the area of existing boarding floats; rehabilitating existing parking lot paving and restriping; and installing a new project sign.
After receiving award of the grant in July 2012, the city solicited request for proposals for engineering and design and construction management and inspection of the project.
The bid was awarded in October 2012 to Coastland Civil Engineers, which was rated as having the best proposal for the project with its cost within the budget limits. The bid amount was not to exceed $106,314 – $78,879 for design and $32,425 for inspection.
“We felt that Coastland Civil Engineers had one of the better subcontractors that was doing the actual design of the boat launching facilities. (Moffett & Nichols) have a lot of experience with Boating and Waterways and (Boating and Waterways) are aware of them,” City Engineer Bob Galusha said.
“Our experience with Coastland Civil Engineers has always been excellent. They consistently come in under budget and on time. Those are the kinds of things that are really important,” he added.
Coastland Civil Engineers submitted the 100-percent conceptual design in June of this year with the city receiving approval from Boating and Waterways to bid the project in July. Galusha said three bids were received with award going to Argonaut Constructors on Sept. 15 in the amount of $888,649.
“The low bid came in higher than expected but we feel it is a reasonable bid and rebidding the project would not be beneficial,” Galusha said. “Additionally, the grant funds for this project are only available through May 1, 2015.”
Galusha said the best time to readvertise and bid the project would be February 2015, which may not leave enough time to comply with grant deadline, therefore the city would lose the grant funds.
He said the majority of the work in this phase is rehabilitation and repaving of the parking lot and should be done in warmer weather.
Additional work in the contract with Argonaut Constructors includes replacement and extension of two boarding docks, extension of another boarding dock, installation of lighting on the docks and dredging. “This will complete the project,” Herren said.
Public Works performed and completed dredging work, in-house, on Sept. 22. Herren said about 80 yards of sediment was removed from around the two southern most docks in the launching facility.
The project involved water testing and the installation of turbidity curtains to contain the mud plume, he said.
Performance of the dredging work required the acquisition of permits from several agencies including the US Army Corps of Engineers, Lake County Lakebed Management, Central Valley Regional Water Control Board, Lake County Environmental Health and the Department of Fish and Wildlife.
Herren said permits, which were secured in December 2013, are set to expire on Oct. 15, making it necessary to perform the dredging work before expiration.
Capital road improvement projects
Several road projects to accommodate for bike/pedestrian lanes and improve safety are progressing.
Travelers in Clearlake are currently seeing white, painted etchings on roadways in preparation of a citywide striping project that will tie together local and grant-funded projects to enhance continuity and connectivity throughout Clearlake.
Chrisp Co. was granted the contract in August to perform a citywide restriping project that will include the installation of reflective centerline markers. Galusha said the project will result in the addition of reflective, thermo plastic striping on many roads where striping currently does not exist. He said this will significantly improve safety.
Chrisp Co. also will perform bike/pedestrian lane conversion projects on Lakeshore and Olympic drives, he said.
“One of the proposals in the Lakeshore Drive Corridor Study is to install bike/pedestrian lanes on Lakeshore Drive throughout the corridor,” Galusha said.
Galusha said traffic lanes will be narrowed in the conversion, which he said may assist in slowing traffic, which is another issue addressed in the Lakeshore Drive Corridor Study.
Galusha said the conversion projects entail removal of existing edge or fog lines on both sides of the roadways and restriping to provide for the lanes. Both of the new bike/pedestrian lanes will connect with the existing bike lane on Old Highway 53.
In anticipation of the restriping and conversion projects, which gained Highway Safety Improvement Program funds in separate applications, the Knife River Construction completed a street maintenance project on Olympic Drive and Old Highway 53 in August. This was a local project, Galusha said, using existing gas tax funds to repair and overlay the streets prior to restriping.
In addition to the ongoing road improvement projects, the city was involved with four Safe Routes To Schools projects in the past year, two of which were completed. Completed projects include those that increase safety in the area Pomo and Burns Valley Elementary schools, according to Galusha.
Another Safe Routes To Schools project is progressing with the recent acquisition of right-of-way for a project in the area of Dam Road Extension. Galusha said the city will apply for State Transportation Improvement Program funds to perform engineer and environmental work in the next grant cycle, which is 2016.
The primary funding sources for these projects are through grants awarded to the city for specific purposes. Grant sources are federal, state and local.
Herren said being competitive in the grant process is essential as most of the city's improvements, since its incorporation in 1980, were funded through grants.
Galusha – who is tasked with overseeing the design and development of financing sources for public infrastructure of the city consistent with its goals and policies – is consistent in preparing successful grant applications.
On a number of occasions his applications have resulted in the city of Clearlake being the first in the state to be awarded a specific grant in a cycle.
Galusha said the key to a successful grant application is creating continuity and connectivity, increasing access and public safety.
“First you have to envision projects that are going to fit within the scope of the grant application,” Galusha said. “Then you tie them together with the input of other agencies – and there are many needs in the city that fit within the scope.”
Email Denise Rockenstein at
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Supervisors to discuss possible termination or suspension of $1 million public defender contract
LAKEPORT, Calif. – The Board of Supervisors has called a special meeting for next week to discuss the possibility of terminating or suspending the county's public defense contract following the arrest early Thursday of the contract's manager.
The meeting will begin at 1 p.m. Tuesday, Sept. 30, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St. in Lakeport.
The board will discuss what options to take with regard to the longtime contract with Lake Legal Defense Services, which provides indigent criminal defense services, and consider authorizing County Administrative Officer Matt Perry to take the necessary actions to make sure the services are transitioned in a timely manner so that the services are continued.
Lake Legal Defense Services is headed up by 48-year-old Stephen Carter of Hidden Valley Lake, who acts as the organization's president.
Carter was arrested early Thursday morning in Hidden Valley Lake, according to the District Attorney's Office.
Carter, who has been temporarily staying in Clearlake Oaks, is alleged to have broken into the home where his wife and daughter live – they were not present at the time – before going a few houses away and smashing through a neighbor's sliding glass door at 3 a.m., according to Chief Deputy District Attorney Richard Hinchcliff.
Hinchcliff said felony vandalism and misdemeanor forcible trespass charges have been filed against Carter, who posted bail Thursday morning and was released.
He's scheduled to appear on the case in Lake County Superior Court on Dec. 2, Hinchcliff said.
This week, the District Attorney's Office also filed charges against Carter in an Aug. 19 hit and run case that occurred in Lakeport, Hinchcliff said.
Carter was driving on S. Main Street in Lakeport when he hit another vehicle and temporarily fled the scene, later returning, according to Hinchcliff.
Hinchcliff said Carter was not tested for drugs or alcohol but investigators said he exhibited symptoms of intoxication, and they found other evidence that they said showed he was under the influence.
In that case, Carter has been charged with misdemeanors including driving under the influence, providing false information to a peace officer, hit and run and reckless driving, Hinchcliff said.
It's expected that all of the Lake County Superior Court judges will recuse themselves from handling Carter's cases, according to Hinchcliff.
Terms of the contract
Lake Legal Defense Services, headquartered in Lakeport, began handling the county's indigent defense services in October 2005, based on the original contract.
According to its Web site, Lake Legal Defense Services currently contracts with 15 attorneys – including Carter – and two private investigators.
In March, the Board of Supervisors approved the latest amendment to the public defender contract, which totals $1,036,500 annually.
The amendment extended the contract through Sept. 16, 2016, unless terminated earlier for a number of “good cause” reasons outlined in the original 2005 document.
Those reasons include failure to comply with the agreement terms, inability to perform services, disability that seriously interferes with performance, pleading no contest to or being found guilty of a felony or crime involving moral turpitude, habitual intemperance in the use of intoxicants or drugs, initiation of bankruptcy proceedings, incorrect reports to the county and suspension of business operations.
Supervisor Rob Brown said Carter has health issues he's been dealing with, and that the Tuesday special meeting had been in the works for some time when Carter's latest arrest took place.
Concerns about Carter's health and performance have increased in recent weeks after it was reported that he missed several court dates for clients he serves under the defense contract as well as through his private practice.
On Sept. 17, Judge Andrew Blum held a hearing to discuss the situation after Carter failed to appear on several cases – including one about to go to trial and one scheduled for preliminary hearing – and also didn't respond to the court after Blum's assistant sent several emails and left several phone messages.
Lakeport attorney Mitchell Hauptman, one of Lake Legal Defense Services' attorneys, told Blum that Carter was suffering a number of physical ailments preventing his appearance, and that Hauptman himself and other attorneys were willing to be substituted in as needed.
Blum expressed both concern for Carter – who he said is a respected attorney who has practiced in the county a long time – as well as for the defendants who he emphasized were entitled to representation. At that point, Blum relieved Carter of several cases so they could move forward.
Brown said that the public defender contract under Carter's leadership has worked extremely well over the years, and he expects it will continue at the same level of service once the board makes a decision.
He said he and County Counsel Anita Grant will be working on possible options to bring to the board next week, which range from terminating the contract immediately to appointing an interim contractor, or looking at a 90-day mutual termination agreement in order to make arrangements for transitioning the contract's management.
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Garamendi honors Rushing, Scully at Wednesday ceremony

MARYSVILLE, Calif. – On Wednesday, Congressman John Garamendi (D-Fairfield, CA) honored 14 extraordinary women – including two from Lake County – at his inaugural “Women of the Year” ceremony.
The event, which took place in Marysville, celebrates the accomplishments and leadership of women in the Third Congressional District who improve local communities, strengthen the economy and change lives for the better.
Two women from Lake County were honored at the event: Denise Rushing, the District 3 members of the Lake County Board of Supervisors and economic strategist from Upper Lake, and Michelle Scully, educator and agriculture and economic development advocate from Lakeport.
“The women we are honoring today were nominated by the community for their substantial contributions to the Third District. It is inspiring to represent women this driven and determined to make a difference,” Congressman Garamendi said.
Also honored Wednesday were Pat Ash, city council member and preservationist, Williams; Gloria Estrada, veteran advocate and peace activist, Williams; Mary Grimmer, school and community volunteer, Arbuckle; Lee Ann Grigsby-Puente, flood protection advocate, Hamilton City; Marci Coglianese, municipal law attorney, former city official and land use advocate, Rio Vista; Samina Masood, advocate to end poverty, homelessness and domestic abuse, Fairfield; Dr. Frances Nelson, librarian, educator and literacy advocate, Fairfield; Deborah Eernisse, fitness instructor, mentor and volunteer, Davis; Gloria Partida, advocate for restorative justice and anti-bullying activist, Davis; Linda Plummer, health care advocate, arts supporter and community volunteer, Marysville; Lonetta Riley, educator and school district trustee, Yuba City; Nicole Montna Van Vleck, rice grower and industry leader.
About the Lake County honorees
Rushing is known for her work in local government as a business growth strategist.
With a background in energy technology and digital marketing, she helps changemakers innovate, create and enter new markets consistent with their values. She has generated grassroots momentum to find renewable and regenerative solutions to environmental problems.

In 2006, after living in Lake County for just 18 months, Rushing was elected to the Board of Supervisors in one of the most transformative elections in Lake County history as her platform of justice and environmental stewardship resonated with voters.
Lake County’s economic evolution over seven and a half years is a testament to Rushing's leadership and is evidenced by California’s Green Summit Environmental Leadership Award two years in a row.
One project is the largest public solar installation in the western United States; the other, “appropriate tech” park structures constructed with volunteer labor and all local and natural materials.
Rushing was instrumental in transforming a blighted trailer park into an eco-park, and a leading advocate in bringing the county’s first four-year educational institution to Lucerne.
She has been passionate about finding healthy solutions for improving water quality in Clear Lake and has worked collaboratively on local boards and committees, including one that brought traditional agriculture and the organic community together in a “food roundtable.”
Rushing is credited for effected lasting, sustainable change in Lake County and for the people who live here.
Scully has a 20-year history of service to Lake County, particularly in the areas of education, agriculture and economic development.
When Scully and her husband relocated to Lake County as he went to work in the family’s pear packing and farming businesses, she quickly immersed herself in community activities.
She was appointed to an advisory board tasked with researching the divisive issue of genetically modified crops. She also served on the steering committee that developed Lake County AgVenture, a program to educate community leaders on the importance of agriculture in Lake County.
To address the issue of hunger, Michelle organized a very successful Bountiful Gift Box fundraiser for the county’s Hunger Task Force.
She brings creativity and solid business ideas to the table of the Regional Economic Development Committee with a style that keeps community members excited and engaged in realizing opportunities.
She was a member of the advisory council appointed to be a driving force behind the opening of Marymount California University’s Lakeside Campus, and now serves as the campus’s inaugural executive director.

Scully has weathered storms, professional and personal, with infinite grace and a smile on her face. When she fell and broke her back riding her horse on their ranch, she dragged herself – using only her arms – a quarter mile home where she laid on the floor until her husband arrived and insisted on taking her to the emergency room.
Once home from surgery she missed just three lectures of teaching her biology class at Mendocino College, where she is still an instructor.
Scully personifies grit – she is able to work hard, overcome adversity, and bring long-term passions and community goals to fruition.
Discussion on challenges for women in workforce held
Following the Wednesday ceremony, participants joined in a roundtable discussion on the unique challenges faced by women in the workforce.
The women and their guests broke up into eight groups to discuss ways to overcome the gender wage gap and the value of bringing more women into the workforce.
As in previous events focused on the challenges faced by women, the need for flexibility in hours to balance work and family life was a common concern raised.
Other topics discussed include the need to:
– Mentor women at every level of educational achievement;
– Enforce anti-discrimination laws in the workplace;
– Pass legislation that guarantees family and parental leave;
– Offer expanded support to empower women who are discouraged by their families from attending college and pursuing careers;
– Preserve women’s reproductive rights and autonomy over bodies,
– Understand that words carry implicit and explicit meaning in our society and that so many regular terms are patriarchal at their root;
– Recognize that subtle discrimination still exists at all levels of society; and
– Encourage more successful women to help women beginning their careers to break the glass ceiling.
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Supervisors stave off library cuts, shift some Visitor Information Center duties to libraries
LAKEPORT, Calif. – The Board of Supervisors on Tuesday took a step to save the Lake County Library system from dramatic and damaging cuts, choosing instead to shift some responsibilities – and some funding – from the soon-to-be-closed Visitor Information Center to library staff.
The board voted unanimously to have the library take up some of the duties related to visitors, with $53,000 to be shifted from the general fund to the library.
At the county budget hearings Sept. 3, the board directed County Librarian Christopher Veach to come back with options to meet a budget shortfall of about $50,000.
County Administrative Officer Matt Perry explained Tuesday that the board chose to explore options rather than taking $50,000 from budget reserves.
Perry said that $50,000 is about one-third of what remains in the reserve account. “That wasn't a sustainable approach over the longterm.”
Veach would bring back to the board a detailed report outlining a variety of options, among them the possibility of closing the Upper Lake Library, which has served that community for more than a century, or eliminating a branch librarian position at the Redbud Library in Clearlake.
But also at the budget hearings Supervisor Rob Brown received a proposal from a community member that the libraries – which already provide extensive information-related services to the public – could help cover some of the duties being offered by the Visitor Information Center in Lucerne.
In April the board voted to close the Visitor Information Center, deciding that it was no longer the most effective way to provide services to visitors. The center is slated to close in October.
Perry said he and his staff met with Veach last week, and identified services the library could provide. Those include answering calls to the county's toll-free visitor information telephone number, responding to emails sent to the
He said Veach was not only agreeable to the plan, but looked forward to providing the services. “I think his staff has a very excellent focus on customer service,” said Perry, noting that library staff already provides information to the public, including visitors. “In a sense it just kind of expands their role.”
It also allows the county to leverage money from the general fund – specifically, $53,000 that previously would have gone to the Visitor Information Center – and transfer it to the library fund and help balance the library budget, said Perry.
“We think it's an excellent fit,” Perry added.
In his report on cost-cutting measures, Veach did a good job of identifying options, some of which were “quite draconian,” said Perry.
“We're not recommending those at this time,” he said.
Instead, Perry proposed the board approve the library taking on the additional duties, with $53,000 to be transferred from the general fund to the library budget. Those actions can formally be completed during the midyear budget review.
Supervisor Denise Rushing said one of the plan's advantages is that it helps preserve the Upper Lake Library, which is housed in a historical building that's as important as any of the buildings the county has preserved.
“It's apparently one of the best-kept secrets in Lake County,” she said, giving credit to Upper Lake's librarian for her efforts. “It's just a really special place that I wouldn't want to see lost at all.”
Supervisor Jeff Smith said he'd received a lot of emails from people concerned that the libraries might
suffer cuts.
The Redbud Library, in his district, keeps very busy, and cuts to it “would have been real devastating for my community,” he said, adding he was glad to see the other option relating to visitor services.
Supervisor Anthony Farrington, who said he stood by his decision at the budget hearings not to dip into one-time funds to support the library, had questions about training library staff for the new duties and the possible noise impacts on the library facilities.
Veach said he was going to meet with Visitor Information Center staff to get feedback on providing the services.
“We're already providing information. That's what the library does,” Veach said, adding that the Lake County Chamber of Commerce would still be the primary place for visitor foot traffic.
In cases where visitors do come to the library for information, the circulation desks already handle a lot of traffic, Veach said.
Supervisor Jim Comstock said the proposal to shift duties to the library was a great option. He said that after the county had built its the new Middletown Library, “We didn't want to have a closed sign on it.”
During public comment, the board heard from a number of community members who had come prepared to argue against library closures, and didn't appear to be aware that the shift of Visitor Information Center services was on the table.
The community members who spoke were unanimous in their support of keeping libraries open, asking the board to make that a priority.
Shirley Dutcher said she was blindsided by the potential for the Upper Lake Library's closure. She said that community has had a library for 103 years. “That's a long time.”
Retired District 1 Supervisor Ed Robey thanked the board for wrestling with the issue, and encouraged the supervisors to keep all of the libraries open at the current level of operation.
“Do whatever you've got to do. Keep 'em open,” he said.
Rushing, referring to a comment earlier during the discussion that libraries are not an “essential” service, said, “I completely disagree with that,” explaining libraries are an essential service in a democracy, offering access to information to those who otherwise wouldn't have it.
Smith moved to approve the shifting of the duties to the library, along with $53,000 in general fund monies to the library budget, with Comstock seconding and the board voting 5-0.
For its vote, the board was given a round of applause from the audience.
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