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FALL ELECTION 2014: Congressional, state races decided
LAKE COUNTY, Calif. – Preliminary election results indicate Lake County's two members of Congress easily won reelection on Tuesday, with the Assembly, Senate and Board of Equalization seats representing the county also decided.
According to Secretary of State Debra Bowen's office, Congressman John Garamendi (D-Fairfield), who represents the Third Congressional District, and Congressman Mike Thompson (D-St. Helena), representing the Fifth Congressional District, had clear margins of victory over their challengers.
In Garamendi's race, with all 488 precincts reporting, Garamendi led with 52.7 percent to Republican Dan Logue's 47.3 percent, Bowen's office reported.
Garamendi thanked the people of the Third Congressional District for their vote of confidence.
“Together, we sent the clear message that Americans in this corner of the country are tired of the partisan gridlock, sick of the extremism, and ready for a Washington built on important issues, mutual respect, and good-faith compromise,” he said.
Garamendi said he was proud of his campaign, which focused on real issues that really matter to Northern California – the need to invest in the infrastructure and research to build the economy, protecting water resources, supporting job creation and keeping college affordable, equal pay for equal work, ensuring seniors can retire with dignity and acting on the climate crisis.
In the Fifth Congressional District, with all 547 precincts reporting, Thompson had 75.4 percent of the vote to the 24.6 percent received by opponent James Hinton of Napa, who registered no party preference.
Thompson, who represents all or parts of Napa, Sonoma, Lake, Solano, and Contra Costa counties, said in a Tuesday night statement that he was honored and humbled by the district's overwhelming support.
“Now that the elections are over, it’s time to move forward – not divided as Republicans and Democrats, but united as Americans – with the common purpose of making sure our country remains a place where everyone who works hard and plays by the rules has the opportunity to get ahead and succeed,” he said.
“That is the work in front of us. It cannot wait and it won’t be achieved through divisiveness. It will be achieved by working together,” Thompson added. “As our district’s representative I am committed to working with anyone from any party to better our country and strengthen the communities I am so privileged to serve.”
In state races, with all 439 precincts in the Fourth Assembly District reporting early Wednesday morning, the race appeared to go to Democrat Bill Dodd.
Dodd, who currently serves on the Napa County Board of Supervisors, took 60.9 percent of the vote to the 39.1 percent received by Republican Charlie Schaupp, based on the preliminary returns.
Dodd had locked up endorsements from a broad spectrum of Lake County leaders, including most members of the Lake County Board of Supervisors, the Lakeport City Council and Lake County Board of Education; the entire Clearlake City Council; District Attorney Don Anderson; Assessor-Recorder Doug Wacker; Superintendent of Schools Wall Holbrook; Superintendent of Schools-Elect Brock Falkenberg; and Sheriff-Elect Brian Martin.
In the State Senate Second District race, Mike McGuire, a Sonoma County supervisor, bested Lawrence Wiesner, 56.7 percent to 43.3 percent, respectively, according to the Secretary of State's Office.
McGuire issued a statement in which he thanked supporters for their efforts and encouragement “throughout our amazing grassroots campaign.”
“Now, we start the hard work of making sure that our values and priorities are at the top of the list when important decisions are made in Sacramento,” he said.
With 98.4 percent of precincts reporting early Wednesday, Democrat Fiona Ma was leading the race for the State Board of Equalization's Second District, which covers Lake County, the Secretary of State's Office reported.
Ma had 67.4 percent of the vote in early returns, with Republican James Theis trailing with 32.6 percent.
The race results will become official once the canvass and certification processes by local and state election officials are finalized by early December.
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Lake County Animal Care and Control hosts weeklong adoption event
LAKEPORT, Calif. – Lake County Animal Care and Control this week will offer special discounted adoption rates as part of its latest adoption event.
This latest event continues through Saturday.
With a $20 price reduction for cats – through the waiving of the county adoption fee – Animal Care and Control Director Bill Davidson said the cost for adopting cats will be $76 for males and $86 for females.
Davidson said the total adoption cost for cats covers spaying or neutering surgery, microchip, vaccines and a health exam.
The total for dogs will be reduced by $30, with males under 60 pounds costing $121 and $136 for larger dogs, while female dogs under 60 pounds will cost $131 and dogs above that weight will be $146, Davidson said.
For dogs, the cost includes a health exam, spaying or neutering surgery – which can be more expensive for female dogs depending on weight – as well as a microchip, vaccine (includes rabies), license and a heartworm test, if applicable, according to Davidson.
Davidson said the many services that prepare the animals for adoption offers a great “bang for the buck” for adopting families.
Animal Care and Control began holding the events in 2012, after the Board of Supervisors adopted new policy rules to allow for a waiving of the county adoption fee up to four times a year, as Lake County News has reported.
The events have been part of Davidson's overall strategy – along with opening an on-site vet clinic and rolling out a community cat program – to reduce the county's high euthanasia rate, especially in cats.
Davidson's efforts appear to be working. Based on the most recent numbers, the county has had a 44-percent drop in cat euthanasia over the last three years, which helped end Lake County's dubious distinction of having the state's highest cat euthanasia rate.
Visit Lake County Animal Care and Control online at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control.htm , call 707-263-0278 or drop by the shelter at 4949 Helbush Drive in Lakeport during kennel hours, 11 a.m. to 4 p.m. Monday through Friday, and 11 a.m. to 3 p.m. Saturday.
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Plaintiffs in federal marijuana lawsuit file tort claims for damages against county
LAKE COUNTY, Calif. – Nine plaintiffs in a federal court case filed against the county of Lake over raids of their marijuana plants are now seeking monetary compensation.
San Francisco attorney Joe Elford said in a statement that he filed tort claims for the nine individuals – Mona Allen and husband Preston Warren, Carl Ray Harris, Jonathan Holt, Shaun Jones, Scott Outhout, Elvin and Nina Faye Sikes, and Nicole Van Schaick – on Oct. 31.
The Board of Supervisors Office confirmed receipt, by mail, of the nine claims on Monday.
The tort claims seek a total of $626,000 in damages as the result of raids that occurred on Aug. 1 and targeted Clearlake Oaks – where Harris and Outhout live – and the nearby Spring Valley community, where the other seven plaintiffs reside.
The breakdown of the damages includes a total of $126,000 for the 83 plants taken from the nine plaintiffs.
The remaining $500,000 is sought as part of “past and future emotional distress and damage to reputation.”
The plaintiffs also are seeking an unspecified amount of attorney's fees.
On Oct. 15, U.S. District Court Judge Thelton Henderson granted the plaintiffs a preliminary injunction preventing Lake County authorities, including the Lake County Sheriff’s Office, from continuing the warrantless raids, as Lake County News has reported.
“The county is not above the law, and it has an obligation to respect people’s constitutional rights when carrying out local policy or pay the consequences,” Elford said in a written statement.
The plaintiffs argued that they gave no consent for searches of their property – and, in some cases, weren't present – when law enforcement officials arrived and subsequently seized the plants.
During an August Board of Supervisors meeting, law enforcement officials reported that approximately 30 properties in Spring Valley had been inspected on Aug. 1 for compliance with Measure N, the ballot measure approved by voters in June that bans outdoor grows in community growth boundaries.
The enforcement of Measure N – which went into effect on July 11 – is up to the Lake County Sheriff's Office.
While the measure includes a nuisance and abatement process with written notices and time for property owners to take action, it also includes a summary abatement clause for cases that present immediate danger to health and safety.
In an Aug. 13 email exchange obtained by Lake County News, Daniel McLean – a proponent of a new marijuana measure on the Nov. 4 ballot – questioned Sheriff Frank Rivero about the summary marijuana abatements, pointing out that Measure N’s language includes a nuisance and abatement process with a five-day written notice required before any action is taken.
Rivero, in turn, quoted the summary abatement clause as justification for the actions by law enforcement.
It was that summary abatement process which was used in the case of the plaintiffs, and Judge Henderson's ruling found that county officials had no need to use it in these cases.
"This case has made clear that law enforcement, when given such unbridled discretion, will use it to deprive citizens of their constitutional rights," said Elford.
Rivero, who lost his bid for reelection in June, was the focus of a previous lawsuit involving his actions with regard to marijuana, including his arrest of four young men in November 2011 for the alleged sale of $3 worth of marijuana.
In another case, Rivero took part in a marijuana raid on a Lower Lake property in August 2013, where he refused to look at the medical recommendations for the plants and personally violated the Miranda rights of a Kelseyville man in charge of the grow.
The District Attorney’s Office later threw out the criminal case Rivero’s office filed against that grower because of the Fifth Amendment right to counsel violation.
County Counsel Anita Grant was not available for comment on the case, but has explained in past interviews that the county tort claim process includes a 45-day period in which the county may take action to accept or reject the claims.
The process begins with a filing to the Board of Supervisors Office. The claims are then forwarded to the third-party authorized agent that handles claims for the county.
If rejected – which tends to be the typical outcome for tort claims – the plaintiffs would then have six months to file suit against the county.
The breakdown of the plaintiffs' claims for damage follows.
– Mona Allen: Six mature and six immature marijuana plants; $13,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
– Carl Ray Harris: Nine marijuana plants; $9,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
– Jonathan Holt: 15 immature marijuana plants; $15,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
– Shaun Jones: Six marijuana plants; $12,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
– Scott Outhout: Four marijuana plants; $15,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
– Elvin Sikes: 12 immature marijuana plants; $12,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
– Nina Faye Sikes: 12 immature marijuana plants; $12,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
– Nicole Van Schaick: 25 marijuana plants; $25,000 for compensatory damages; $100,000 for past and future emotional distress and damage to reputation.
– Preston Warren: Six mature and six immature marijuana plants; $13,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
The federal case is continuing to move forward, with the plaintiffs scheduled to present their motion to amend their case at a Dec. 1 hearing. Case management conferences also are set for January, according to court records.
Editor's note: The Outhout tort claim has two different totals listed. The first paragraph says he is seeking $60,000, however the damages detail in the claim totals $65,000. Lake County News based its tally of total damages on the damages details of all claims.
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110314 Lake County Marijuana Tort Claims
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Lakeport City Council to consider adopting PACE energy program
LAKEPORT, Calif. – This week the Lakeport City Council will consider adopting a program to assist property owners with making energy and water efficiency upgrades to their homes.
Before convening in open session at 6 p.m. Tuesday, Nov. 4, the council will meet in the council chambers at Lakeport City Hall, 225 Park St., at 5 p.m. for a closed session to discuss labor negotiations with City Manager Margaret Silveira, property negotiations for 2025 S. Main St. and a conference with legal counsel regarding anticipated litigation from the city's former attorney, Steve Brookes.
During Tuesday's meeting the council will consider adopting a resolution authorizing the California Enterprise Development Authority, through Figtree Energy Financing, to offer its Property Assessed Clean Energy – or PACE – program in the city.
Assembly Bill 811, passed in 2008 and going into effect in 2010, authorized the groundwork for the program, which allows property owners to enter into contracts to place assessment liens on their property in order to install energy efficiency and conservation, water efficiency and conservation, and renewable energy generation upgrades, according to a report to the council from Mark Akaba, the city's temporary engineer.
The California Enterprise Development Authority now has more than 80 cities and counties participating in its program, with another 49 cities and counties participating in Figtree's program, Akaba explained.
The report said that the California Enterprise Development Authority would pay for the improvements through bond sales.
“The bonds are secured by a voluntary contractual assessment levied on such owner’s property, with
no recourse to the local government or other participating jurisdictions,” said Akaba, reporting that participation in the program is 100-percent voluntary.
“Property owners who wish to participate in the program agree to repay the amount borrowed
through the voluntary contractual assessment collected together with their property taxes,” Akaba reported.
The Figtree Program, in place since October 2010, issued its initial bonds in December 2011 as part of a pilot program that funded seven projects in Fresno, Palm Springs, Clovis and Exeter, at a total value of just over $800,000, according to Akaba.
Akaba also noted in his report, “it should be noted that the City of Clearlake and Lake County are already utilizing this program. The establishment of these programs in local jurisdictions is primarily contractor-driven and has provided the main reason for its proposed establishment here in Lakeport.”
Also on Tuesday, the council will present awards to the winners of its Halloween coloring contest.
Finance Director Dan Buffalo will receive kudos in the form of the Government Finance
Officers Association's Distinguished Budget Award.
The council also will approve a reclassification of the utilities superintendent position from salary range exempt 1/exempt 2 to exempt 2/exempt 3.
In addition, the council is expected to authorize having the city manager sign owner-engineer agreement amendment Nos. 2 and 3 for the USDA Water System Improvement Project, and amendment Nos. 2 and 3 for the USDA Wastewater System Improvement Project.
On the meeting's consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – are ordinances; warrant registers; meeting minutes; adoption of a resolution approving the memorandum of understanding between the Lakeport Employees’ Association and city of Lakeport for the period Nov. 4, 2014, through June 30, 2016, and authorizing its execution; and adoption of a resolution authorizing execution of a state standard agreement for Housing Related Parks Program Grant.
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