Supervisors to discuss veteran housing project, mussel fee applications

LAKEPORT, Calif. – This week the Board of Supervisors will consider supporting a veterans housing project through a property donation and discuss possible applications for state funds regarding the state's invasive mussel prevention fee.

The board will meet beginning at 9 a.m. Tuesday, Aug. 26, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live, with the archived video to be available online at http://www.co.lake.ca.us/Government/Boards/Board_of_Supervisors/calendar.htm .

At 10 a.m., the board will consider a proposal to donate county-owned property located in the city of Clearlake for the purposes of building a veteran homeless shelter or a veteran housing project under California Proposition 41 “Veterans Housing and Homeless Prevention Bond Act.”   

At 10:15 a.m., the board will consider potential project applications to the state for funding through the State Department of Boating and Waterways Quagga and Zebra Mussel Infestation Prevention Fee.

A report to the board from Water Resources Director Scott De Leon explains that in September 2012 AB 2443 was signed. The bill creates a special fund in the Department of Boating and Waterways to provide grants for local agencies to develop quagga and zebra mussel prevention programs. 

De Leon explained that the grant program is being funded through additional registration fees imposed by the Department of Motor Vehicles at the time of registration, or registration renewal for vessels that operate in fresh water. 

“Staff has been following the development of the program and we are of the understanding that the State will be soliciting grant applications in the near future,” he said in his written report.

De Leon said the purpose of the agenda item is to hear ideas from the board and the public about potential projects or programs. 

“It is staff's objective to receive consensus from the Board on project priorities or direction to pursue specific projects or program enhancements,” he wrote.

The full agenda follows.

CONSENT AGENDA

7.1: Approve agreement between the county of Lake and St. Helena Hospital for Fiscal Year 2014-15, for a contract maximum of $150,000, and authorize the chair to sign.   

7.2: Approve agreement between the county of Lake and Coleman Construction for nuisance abatement services at 6257 Third Ave., Lucerne (APN 034-091-07 - Edwina Lacey), total amount $12,027, and authorize the chair to sign.

7.3: Approve agreement between the county of Lake and Lewis, Brisbois, Bisgaard, & Smith, LLP, for Special Legal Consultation Services, in the amount of $20,000, and authorize the chair to sign. (Contract previously approved; resubmitting due to minor error and oversight in original version.)     

7.4: Approve consolidation of Fire District and Health Care District Elections with General Election on November 4, 2014.

7.5: Approve consolidation of school district elections with general election on Nov. 4, 2014.          

7.6: Approve agreement between the county of Lake and the county of Los Angeles for intrastate transportation of prisoners for Fiscal Year 2014-15 to Fiscal Year 2018-19, and authorize the chair to sign.

7.7: Approve agreement between the Lake County Sheriff's Office and Assessments.com for an inmate assessment tool, for Fiscal Year 2014-15, in the amount of $10,000, and authorize the sheriff to execute said document.

7.8: Authorize the sheriff to issue a purchase order to Hillside Honda, in the amount of $18,322, for two Honda Rancher ATVs for use by search and rescue operations.

7.9: Approve contract between the county of Lake and Fiscal Experts Inc. for Web-Based Time Study Buddy Service for FY 2014-15, in the amount of $25,000, and authorize chair to sign.          

TIMED ITEMS

8.2, 9:15 a.m.: Sitting as the Lake County Housing Commission, consideration of resolution to update signatories to the Lake County Housing Commission bank accounts.

8.3, 9:20 a.m.: Sitting as the Lake County Housing Commission, consideration of Public Housing Agency (PHA) agency certification of compliance with the PHA Plans and Related Regulations - FORM HUD-50077.

8.4, 9:30 a.m.: Hearing, consideration of appeal of an administrative citation for James Magliulo.     

8.5, 9:35 a.m.: Hearing, consideration of appeal of an administrative citation for Leonard Peterson.     

8.6, 9:45 a.m.: Discussion of the impacts of the mortgage electronic registration systems on county records.   

8.7, 10 a.m.: Discussion/consideration for the county of Lake to donate county owned property located in the city of Clearlake for the purposes of building a veteran homeless shelter and/or veteran housing project under California Proposition 41 “Veterans Housing and Homeless Prevention Bond Act.”     

8.8, 10:15 a.m.: Discussion and consideration of potential project applications to the state for funding through the State Department of Boating and Waterways Quagga and Zebra Mussel Infestation Prevention Fee.

CLOSED SESSION

10.1: Conference with labor negotiator: (a) county negotiators: A. Grant, S. Harry, M. Perry, A. Flora and C. Shaver; and (b) employee organizations, Deputy District Attorney's Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officers Association and Lake County Safety Employees Association.

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.

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Written by: Elizabeth Larson

Published: 25 August 2014

State of emergencies declared due to Napa quake; injuries, damaged buildings and infrastructure reported

NORTHERN CALIFORNIA – An early Sunday morning earthquake felt regionwide has caused widespread damage and injury around Napa County, with officials warning that more quakes could occur in the coming week.

The Napa quake occurred at 3:20 a.m. Sunday, and was centered three miles northwest of American Canyon, according to the US Geological Survey.

The last update on the big quake – which seismologists have reviewed several times – put it at 6.0 in magnitude. It's said to be the largest quake in the Bay Area since the 1989 Loma Prieta quake, which was magnitude 6.9.

Widespread damage has been reported to infrastructure – roads and utilities – as well as public buildings such as the Napa Post Office and the county's administration building, and numerous homes, with structure fires reported.

The city of Napa reported that as of Sunday afternoon 120 patients had been treated or are being treated at Queen of the Valley Hospital.

Three patients – two adults and one child – suffered critical injuries, officials said.

The Governor's Office reported that power outages affecting 69,000 people across the region also had occurred.

“My Office of Emergency Services has been on full activation since early this morning and is working closely with state and local emergency managers, first responders and transportation officials to respond to impacts to residents and critical infrastructure,” Gov. Jerry Brown said Sunday morning. “These public safety officials are doing all they can to help residents and those living in affected areas should follow their guidance and instruction.”

A short time later Brown declared a state of emergency due to the quake, ordering state agencies to work under the direction of his Office of Emergency Services in responding.

By 4 p.m. Sunday, the US Geological Survey had received more than 21,000 shake reports on the quake from 460 zip codes around California and Nevada.

Among those reporting that they felt the quake were residents of Clearlake, Clearlake Oaks, Hidden Valley Lake, Kelseyville, Lakeport, Lower Lake and Middletown.

Shake reports can be submitted at http://earthquake.usgs.gov/earthquakes/eventpage/nc72282711#dyfi_form .

The US Geological Survey reported that there is a 54-percent likelihood of another big quake, magnitude 5 and larger, within the next seven days.

As of 4:15 p.m., six aftershocks had been reported, four centered near Napa and ranging between 2.5 and 3.6, and two others – a 2.8 and a 2.6 – near American Canyon, according to the US Geological Survey.

Napa County Emergency Services Manager Kerry John Whitney declared a local emergency for Napa County due to the earthquake, with the County Emergency Operations Center activated. The Napa County Board of Supervisors held an emergency Sunday morning meeting to ratify the declaration.

The quake also led to an emergency declaration in the city of Napa, where fires destroyed four mobile homes and damaged two others. Napa Fire crews put out two other fires in residential areas, the city reported.

Cal Fire said it has been assisting with the fire response in the wake of the earthquake.

Some Napa city streets have been closed due to buckled asphalt and sidewalks, and the city said about 16 buildings had been red-tagged as uninhabitable due to damage from the quake.

One of those red-tagged buildings is the Napa Senior Center, which the city said will be closed until further notice.

Napa County officials reported that several buildings that house county departments also are closed, including the Napa County Administration Building, the Carithers Building – which houses the District Attorney's Office, Assessor-Recorder-County Clerk and several other county departments – 650 Imperial Way and the Napa County Library on Coombs Street.

The city of Napa also reported approximately 60 water main leaks but said both of its water treatment plants are running, with no damage.

All Napa Valley Unified School District campuses will be closed on Monday, as will Justin Siena High School, the city reported.

The California Office of Emergency Services – in coordination with local, state, and federal response organizations – said it is working to determine the emergency needs and make sure resources are available.

By Sunday afternoon, the state had deployed three Urban Search and Rescue Teams to assist with the response and recovery efforts.

The Federal Emergency Management Agency, through its Regional Office in Oakland, said it is monitoring the situation, and remains in close coordination with California officials. FEMA's Regional Watch Center is at an enhanced watch to provide additional reporting and monitoring of the situation, including impacts of any additional aftershocks.

FEMA said it deployed liaison officers to the state emergency operations center in California and to the California coastal region emergency operations center to help coordinate any requests for federal assistance. 

FEMA also deployed a National Incident Management Assistance Team – IMAT West – to California to support response activities and ensure there are no unmet needs.

Pacific Gas and Electric Co. has activated its Emergency Operations Center and is mobilizing assessment teams and dispatching emergency crews to the area.

The city of Napa said PG&E was responding to approximately 100 reported gas leaks or odor of gas reports.

PG&E said its crews are working to inspect natural gas and water lines for any potential structural damages. Customers who smell gas or hear a blowing or hissing noise should open windows, evacuate the building immediately, turn off gas if possible and call PG&E at 1-800-743-5000.

Per the California Natural Resources Agency, surveys have been completed and there are no reports of damage or releases at Bay Area Refineries and Marine Oil Terminals.

Officials said there are no road closures in effect, however the stoplight at Highway 29 and Oak Knoll was out and on Highway 121 there is 30 feet of cracked and lifted asphalt.

In Lake County, where many residents also reported feeling the quake, public safety officials have been assessing potential for damages since the earthquake hit.

Lake County Office of Emergency Services Manager Marisa Chilafoe said Sunday that, so far, no signs of damage or injuries have been reported.

Chilafoe said the Lake County Office of Emergency Services remains actively engaged in the incident.

She said residents should be advised of the potential for aftershocks at magnitudes of 3.0 to 5.0 – or larger – for the next several days.

County residents are also advised to use caution when traveling south from Lake County into the Bay Area, Chilafoe said.

The American Red Cross said it has two evacuation centers open in Napa and Vallejo for those affected by the quake.

In Napa, the evacuation center is located at Crosswalk Community Church, 2590 First St. The center is open for overnight stays, the Red Cross said.

In Vallejo, the Florence Douglas Center at 333 Amador St. could become an overnight shelter if needed, according to Red Cross officials.

The Red Cross said it currently has enough supplies to assist those affected by the quake. In-kind donations of water, clothes, and other material goods are not needed and will not be accepted at Red Cross shelters.

Those wanting to help are urged to visit www.redcross.org , call 1-800-RED CROSS or text the word REDCROSS to 90999 to make a $10 donation.

For preparedness information and additional earthquake safety tips visit the American Red Cross Earthquake Preparedness Web site at http://www.redcross.org/prepare/disaster/earthquake .

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.

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Written by: Elizabeth Larson

Published: 24 August 2014

Clearlake City Council accepts policy for city Web site

CLEARLAKE, Calif. – A policy for inclusion on the city of Clearlake's Website has been established by action of the city council.

The purpose of the policy, which the council accepted Aug. 14, is to ensure the city Web site calendar is maintained in a fair and impartial manner to communicate matters of general public interest.

The city provides its Web site, www.clearlake.ca.us , as a public service to provide information about city services, officials and attractions.

The Web site is supplemental to, and not replacement of, information available from city offices.

“The city reserves the right to determine what information shall and shall not be placed on its website,” City Clerk Melissa Swanson said. “The Web site is a public information resource that gives a high-level overview of the organizational mission, structure and operation.”

Events posted on the city's Web site events calendar should be located within Lake County. Exceptions may be allowed at the discretion of the event calendar moderator.

Anyone submitting a public event listing must identify themselves clearly. Anonymous postings of events will not be allowed.

All event postings must be accompanied by valid event submitter contact information including name, email address and phone number.

City officials said all event postings will be moderated by a city-authorized calendar moderator, who is to review and approve all event submissions for conformance to acceptable event standards.

Reviews will take place during regular business hours, 8 a.m. to 5 p.m. Monday through Thursday. Items submitted after business hours, on Friday or during the weekend, will not be reviewed until the following business week.

The policy includes the following disclaimer: “The Clearlake.ca.us event calendar is provided as a community service to Clearlake citizens and community organizations. Though the calendar is moderated for posting acceptable events, the city of Clearlake does not endorse nor verify the information included. If an entry includes a link to a website that does not end in Clearlake.ca.us, the city does not control nor review the content or operation of that website. The city of Clearlake guarantees neither the authenticity accuracy, appropriateness nor the security of the link, website or content linked thereto.”

Email Denise Rockenstein at This email address is being protected from spambots. You need JavaScript enabled to view it. .

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Written by: Denise Rockenstein

Published: 22 August 2014

Supervisors host discussion on Measure N enforcement, ask staff for review and followup report

LAKEPORT, Calif. – A two-and-a-half-hour discussion on Tuesday regarding the enforcement of the county's new medical marijuana cultivation rules led the Board of Supervisors to ask county staff and law enforcement to return with a report on abatement process protocols.

Board Chair Denise Rushing had asked for the discussion, she said, after receiving calls from Northshore constituents, particularly residents of Spring Valley, who had marijuana plants abated from their properties in recent weeks by Lake County Sheriff's Office personnel.

The abatements have taken place under the auspices of Measure N, passed by voters in June.

Tuesday's discussion was emotional and, at times, heated, resembling other discussions the board has hosted on the marijuana issue.

The board took no vote on the matter, but directed staff to return at a future time with a report on how the measure has been enforced once more information is available.

The board – with Undersheriff Chris Macedo and Community Development Director Rick Coel present with the supervisors – took testimony and comments from a number of community members during the morning session.

During the meeting, four community members who said they had their plants cut down during Measure N enforcements came forward to speak.

One man, who identified himself as “Edwin,” said he is operating as a cooperative for family members and patients. He said he was not contacted ahead of time, that locks on his property were cut and plants taken down.

During questioning by board members, it was revealed that Edwin's property was zoned for rural lands, where outdoor grows are not allowed.

In another case, a woman said she and her husband, who both have a number of health conditions and rely on medical marijuana, had on their acre parcel six mature and six immature plants, which were cut down while they were away. A trailer they used for storage was red tagged and two of her puppies are missing.

Stan Eisenberg said he had 36 plants – with three recommendations – on an acre and a half. He said he also did not receive prior notice before his plants were abated.

Rushing told fellow board members during the discussion, “I did not and would not have voted for the measure had I thought that we were taking all of our code actions without code's oversight and handing them to them sheriff’s department.”

Lower Lake attorney Ron Green said constitutional matters – among them, illegal search and seizure – were at issue, and that administrative search warrants were needed for the abatements. He said the enforcements were clear violations of the Fourth Amendment, which he said the county will soon hear from a federal judge.

Community member Milos Leubner told the board he believed from the beginning that Measure N was flawed, and asserted that it passed because people were scared.

Rushing told Leubner she believed he was wrong. “I think Measure N passed because of really bad neighbors.”

Fish and Wildlife official describes abatements

The most detailed description offered during the meeting of the abatements that took place in Spring Valley on Aug. 1 came from Lt. Loren Freeman of the California Department of Fish and Wildlife, who in the course of his statements asked the board to continue to support Measure N enforcements in order to protect the community.

Freeman – who went on the detail with sheriff's detectives and county Chief Building Official Michael Lockett – said he had prior knowledge of marijuana grows in Spring Valley and has worked several cases there.

Using Lake County Special Districts' metered water system, Freeman said he was able to identify 12 locations in Spring Valley where there was water usage of more than 150,000 gallons of water over four months, three times the normal amount. Some individuals have used more than 200,000 gallons in that same time frame.

Freeman said that during the Aug. 1 operation he was in in his uniform and a tactical vest, driving his marked vehicle in the lead position. The detail included four unmarked undercover sheriff's vehicles and a marked Building Department vehicle driven by Lockett, who was in plain clothes but had a badge on his belt.

He said he pulled over at 1540 New Long Valley Road and informed Lockett and the detectives that he had seen marijuana growing there last season. The gate was locked with a padlock, but Freeman said he stepped over the barbed wire fence and he, along with the detectives and Lockett, walked toward the residence. The detectives were all wearing camouflage, had their pistols holstered and no long guns.

There was no marijuana being cultivated there, and Freeman said they spoke with the homeowner before leaving, at which point Freeman said he thanked the man for his cooperation. Freeman portrayed the contact as calm, noting there were no raised voices.

From there, they proceeded into Spring Valley, inspecting approximately 30 properties for Measure N compliance, Freeman said.

When marijuana was cut, a summary abatement notice either was left at the location or handed to the properties' occupants, he said.

“It is my opinion that Measure N is about the preservation of our communities and the preservation of our natural resources,” Freeman said.

Noting the drought conditions around the state and in Lake County, Freeman said Measure N also is about water, explaining that a marijuana plant in the vegetative state can use up to 10 gallons a day. Individuals cultivating 25 plants can use 250 gallons a day, and up to 990 gallons a day – enough for two homes – if growing 99 plants.

“Under our current water restrictions, it seems ill advised,” he said.

He said the source of Spring Valley's water, Indian Valley Reservoir, is at only 3 percent of its storage capacity, with 25,353 acre feet of water stored. He said that totals about a year's worth of water for Spring Valley, or six months if considering evaporation and sediment buildup.

Freeman told the board about the “open field doctrine,” which allows police to walk across an open field or step over a barbed wire fence to make contact with residents. That, in general, is how the Measure N enforcements are being done, he said.

During the Spring Valley detail, Freeman said he was present in his capacity as a game warden.

Three of the locations that were abated are going to be the focus of criminal cases, Freeman said.

He explained that there were instances of marijuana plants being grown in Wolf Creek, and in some cases the banks of Wolf and New Long Valley creeks had been altered.

One person had installed a 2,500 gallon tank and a pump, and removed the last remaining water from Wolf Creek, Freeman said.

Macedo read to the board a letter from Lockett describing the abatements. Like Freeman, Lockett noted that the detectives were in camouflage, with badges displayed, and that no one pointed firearms at anyone. Nor were there any machetes, as has been alleged by the homeowner at 1540 New Long Valley Road.

Green, returning to the microphone, said he's very familiar with the open field doctrine, adding he has visited Spring Valley and that residents there have large fenced backyards, not open fields.

Coel told the board that fences were not being torn down during the abatements, adding that if law enforcement personnel aren't given consent to search a property they come back with a warrant.

Realtor Bobby Dutcher said Measure N gives the board flexibility to change it, and he suggested they have a group work with Sheriff-Elect Brian Martin to make changes to the ordinance.

He said he was aware of people “flagrantly breaking the law” by growing very large amounts of marijuana in Spring Valley.

Dutcher said he likes Measure N a lot more than two new marijuana-related measures headed to the November ballot. He suggested marijuana advocates are using the abatement issue to advocate for those alternate measures and against Measure N.

Dr. Rob Rosenthal of Middletown said he doubted that everyone whose properties were searched gave consent.

He accused the county of using Measure N to terrorize low-income people rather than going after the “bad guys.”

“That's a disgrace we all share responsibility for,” Rosenthal said.

Board considers next steps

At the end of public comment, Rushing – acknowledging the emotion surrounding the issue – said she wanted to see a review of summary abatement procedures and how they might be improved to maintain public trust.

Supervisor Jeff Smith said he felt there should be a notice given before abatement unless there is a flagrant violation.

“I would like to find some middle ground here,” Smith said. “That's all we’ve been trying to do for ages.”

Supervisor Anthony Farrington said he realized there was discontent over the enforcements and the rules.

“We have never been able to find middle ground or common ground,” said Farrington, referring to a perpetual cycle of challenges to county rules.

He suggested that if there truly are constitutional rights violations occurring that the courts may be the place to determine that. However, Farrington didn't support having the board make changes to Measure N.

People who don't want rules in place will continue to challenge any rules the board implements, he said. “I'm done playing that game,” said Farrington, noting that it's now up to the voters and if people want rule changes, they should put new measures on the ballot.

Rushing said she wanted to give people 48 hours' notice in cases where summary abatements are necessary.

Supervisor Jim Comstock said he wanted to hear the results of the sheriff's office's review of the enforcements before doing anything, and so far that information wasn't available.

Macedo explained to the board that the sheriff's office is undertaking an ongoing review of the new rules and how they are carried out.

He said the original intent “was to review how we do business regarding this new procedure after the season was done, to see if we needed to make any changes,” adding that the enforcements haven't gone on long enough for the review to be complete.

Macedo, who emphasized that the sheriff's office – not Community Development – is responsible for enforcement, said personnel have been professional and courteous when contacting people. He took issue with the attempts by community members to vilify the deputies who took part in the abatements.

“We're reviewing it just like we're reviewing a lot of stuff,” said Macedo, adding that there are going to be people accusing them of carrying out the enforcements incorrectly. “It's an emotional issue.”

He said the measure only was passed a few months ago and it constitutes a change. “Not everyone is comfortable with change,” Macedo said, adding that the agency wants to do the right thing by everybody.

Rushing asked County Counsel Anita Grant to take the lead in bringing the matter back for future discussion about protocols and procedures.

During the discussion Rushing also asked county staff to work with sheriff's personnel and the California Department of Fish and Wildlife on that future report.

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.

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Written by: Elizabeth Larson

Published: 20 August 2014