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Council discusses invocation policy and Proposition 47; reestablishes Parks and Recreation Commission
CLEARLAKE, Calif. – Policy was established Thursday for participating in the opportunity to deliver an invocation at the beginning of regular meetings of the Clearlake City Council.
The council voted unanimously last month to pursue the policy, which was presented during its Thursday meeting.
The new policy, which was amended to emphasize the use of the word “invocation” over the word “prayer,” is not intended to proselytize or advance any faith, or show any purposeful preference of one religious view to the exclusion of others.
Area religious leaders should expect a letter from City Clerk Melissa Swanson informing them of the opportunity for participation, which is voluntary and without monetary compensation.
Invocations are to be of a positive nature and will be limited to three minutes at the beginning of each city council meeting.
Eligible members of the local clergy/religious community may sign up for as many as three speaking events per calendar year.
Speakers will be scheduled on a first-come, first-served basis, and will be allowed to deliver more than three invocations annually if a schedule date is unfilled after equal opportunity is given to all who seek participation.
If a speaker is not present, the council will entertain a moment of silence to begin its meeting.
All inquiries for participation should be directed to the city clerk, who will manage the schedule.
Also on Thursday, the council declined to take any position on Proposition 47.
If passed, Proposition 47 would reduce the classification of most nonserious and nonviolent property and drug crimes unless unless the defendant has prior convictions for felonies including murder, rape, certain sex offenses or certain gun crimes, according to a Ballotpedia analysis.
It also would permit resentencing for anyone currently serving a prison sentence for any of the offenses that the initiative reduces to misdemeanors.
Clearlake Police Chief Craig Clausen, who presented the item and was seeking the council's opposition to the proposition, said about 10,000 inmates would be eligible for resentencing.
The measure would require misdemeanor instead of felony sentencing for certain crimes in which the monetary value does not exceed $950, including shoplifting, grand theft, receiving stolen property, forgery, fraud and writing a bad check. Personal use of most recreational drugs would be included in those reduced sentencing requirements.
Clausen said the proposition is ill-conceived.
“The entire law enforcement community opposes Proposition 47,” he said. “In fact, the California Police Chiefs Association (in support of which he said he was requesting the opposition) is part of an all-encompassing coalition that also includes the California District Attorneys Association, California State Sheriffs Association, California Peace Officers Association, California Narcotics Officers Association and California Fraternal Order of Police.”
Clausen said Proposition 47 also is being actively opposed by victim's rights groups, most notably by Crime Victim Alliance Action, Crime Victims United of California and the California Coalition of Against Sexual Assault.
Councilwoman Joyce Overton cited a lack of literature concerning the actual proposal included in Clausen's report while Councilwoman Jeri Spittler said the presentation was biased.
“I am not really for telling anybody how to vote,” Overton said. “This doesn't directly affect (the council). I, personally, would like to stay neutral.”
Councilman Joey Luiz also said he would like to refrain from telling people how they should vote.
Mayor Denise Loustalot offered the same stance after recognizing passage of the measure could create financial strain on local law enforcement agencies.
The council also reestablished the City of Clearlake Parks and Recreation Committee on Thursday.
The Clearlake Planning Commission is to serve as the committee and meetings will coincide with its schedule.
The committee's duties include:
– Making recommendations to the council on rules, regulations and polices related to conduct in public parks and beaches; in public recreation and activity centers; and to use of public property within the city including, but not limited to special events, use of public buildings and related fees.
– Hearing and acting upon appeal of staff's determination on special event permits.
– Preparing an inventory of parks and park facilities.
– Identifying and making recommendations to the council on revenue sources to fund activities and capital projects such as park maintenance and development, property acquisition or new and/or expansion of parks, development and updating of a park master plan, recreation programs, various planning and feasibility studies.
– Any other related projects as assigned by the council.
In its final action of the evening, Loustalot took on Vice Mayor Gina Fortino Dickson's remaining term on the Area Planning Council.
Fortino Dickson has taken a new teaching job at Lower Lake High School and will be unable to attend the meetings.
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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.”
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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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