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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.
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Lakeport City Council gives conceptual support to Westside Community Park equestrian facility proposal
LAKEPORT, Calif. – The Lakeport City Council on Tuesday gave its unanimous approval to the concept of including an equestrian facility in the third phase of the Westside Community Park's development.
The council's conceptual support will allow studies on the project, including financial and market feasibility, to move forward.
City Public Works Director Mark Brannigan said an equestrian facility has been in the plans for some time, and the Westside Community Park Committee – the group that is handling the park's phased development – liked the idea when it was presented to them.
Local horsewoman Virginia Vovchuk, also a Westside Community Park Committee member, gave to the council what she said was a “very preliminary” presentation.
She listed a number of the horse groups in the area that could use and support the facility, which she said wouldn't compete with private facilities and may, in fact, augment and support them.
She said there are 700,000 horses in California, which has the second largest horse population in the US after Texas. There also are more than 311,000 people in the state who participate in horse events annually, with California hosting more than 170 regional and national horse shows each year.
Vovchuk said that in neighboring Sonoma County, the equine industry contributes nearly as much to the economy as its famed wine industry.
The 4.5-acre spot on the southwest corner of the Westside Community Park property is perfect for the proposed equestrian area, which Vovchuk said could help bring revenue to the community. There currently are no public arenas or horse camping areas within 20 miles of Lakeport, she said.
The facility would be designed to accommodate a wide variety of disciplines, from English and Western to driving, dressage, roping and reining, and gymkhana, she said.
The initial concept calls for an arena measuring 140 feet by 330 feet with covered seating for up to 75 people on the west side. Vovchuk said there is interest in covering the arena, which could be handled in a future phase.
The facility as it’s currently envisioned also would include a round pen and a trail obstacle course; four to six small pipe corrals; parking for up to 25 trucks and trailers; up to eight horse camping sites with picnic tables, post tie lines and barbecue pits; a trail head to Cow Mountain, including a staging area with hitching posts and benches; a storage shed for arena supplies; and a water service area with an outdoor sink, counter and portable restroom, Vovchuk said in her presentation.
Vovchuk suggested there is the potential for both corporate grants as well as funding through local horse groups, although she said she had not vetted the latter idea.
In addition, overnight camping fees and facility leases could help fund the facility, said Vovchuk, who added that one of the next steps would be to do a financial analysis.
Future steps would include site planning, studying financial feasibility, taking community input, conducting an environmental review and putting out a request for proposals, she said.
“I think you guys are on it,” and asking the right questions, said Mayor Pro Tem Martin Scheel.
“There's no question about it, this is a great idea,” said Mayor Kenny Parlet, but Parlet said he wanted the proposal thoroughly vetted.
Councilwoman Stacey Mattina said she doesn't know much about horses, but felt the facility could be great for Lakeport. As a Realtor, she said she deals with many people who want to come to Lake County and purchase properties that allow them to enjoy their horses.
Councilman Marc Spillman said the proposed facility also could be a backup to what is available at the fairgrounds. He said he supported the idea, and thanked Vovchuk for her service on the Westside Park Committee.
Spillman, who also sits on the committee, credited Vovchuk with infusing the group with a new enthusiasm for taking on the design of the park's third phase.
Councilman Tom Engstrom asked about access to the area where the equestrian facility would be located. Brannigan said it can be accessed from Martin Street or by driving through the park.
Engstrom was concerned about dust, and Brannigan said that would need to be dealt with in the development process.
Suzanne Lyons, a member of the city's Parks and Recreation Commission – which sent the council a minute order in support of the proposal – said the city’s needs to offer more types of recreation for people, and noted that horse people have money and spend it.
“I think that this is an exciting idea and you're not out anything to go ahead and look at it,” said Lyons, adding that they have been looking for a way for local parks to support themselves.
Members of the horse community – who accounted for more than half of the audience – also spoke in support of the proposal, noting that it would be well used and a community benefit, and could help bring back some events that no longer occur in the county.
“You build it, they will come, I promise you,” said Laurie Fullerton.
Carol Maxwell said she had moved to Lake County from Kentucky after searching for three years for just the right place.
“One of the main reasons we came here is you can ride your horse here,” Maxwell said, adding that what is proposed for Westside Community Park would be a fabulous facility and a huge draw.
Spillman moved to support the facility's potential development, with Engstrom offering the second and the council voting 5-0.
The horse enthusiasts in the audience gave the council a round of applause following the vote.
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Council awards restriping project bid; discusses election actions, supports call for summit to discuss illegal marijuana grow impacts
CLEARLAKE, Calif. – The Clearlake City Council met for a regular meeting last Thursday, Aug. 14, at City Hall, taking up three items of business.
The council awarded a bid for a road restriping project, heard what its members can and cannot do in regards to election campaigns, and authorized its support of a marijuana-related resolution as requested by the League of California Cities.
City Engineer Bob Galusha said two bids were received for a citywide restriping and bike lane conversion project on Lakeshore and Olympic drives.
The bid was awarded to Chrisp Co. of Fremont in the amount of $307,335.
Galusha said the city has budgeted $321,200 to cover the construction and construction inspection of the project.
He said $289,000 is funded through a federal Highway Safety Improvement Program grant; $11,584 from a Lake County Area Planning Council bicycle and pedestrian grant; and the remaining $20,616 comes from the city's gas tax fund.
“This project includes the citywide restriping of some of our arterial and collector streets using thermo-plastic paint and reflective pavement markers,” Galusha said. “In addition, Lakeshore Drive from Old Highway 53 to Olympic Drive and Olympic Drive to Old Highway 53 will be restriped to provide for class II bike lanes on each side of those streets.”
Galusha said existing crosswalks on both Olympic Drive and Lakeshore Drive will be replaced with high visibility thermo-plastic, ladder-type, crosswalks.
Striping also will be applied in the area of Davis Avenue and Moss Street, Galusha said. That area was a recent topic of discussion brought to the council by an area homeowner concerned about safety.
Galusha received commendations from both the council as well as from members of the public for his consistency in securing funding for road improvement projects.
“A lot of these projects wouldn't have happened if it weren't for Bob (Galusha),” District 2 Supervisor Jeff Smith, who introduced himself as a “proud citizen of Clearlake,” said. “Thank you very much for everything you're doing for the city.”
In other business on Thursday, City Attorney Ryan Jones gave a presentation describing allowable activities for council members and city staff with regard to support for candidates for city office and Measure R – the city's half-cent sales tax initiative for citywide improvements that is to go to public vote in November.
Jones said council members are prohibited from advocating, for or against, while serving duties in their capacities as members of the city council.
They may, however, engage in such activities during their personal time.
Jones said “on-duty” time is any time in which the council members are attending to obligations of their elected position, including but not limited to presence at city hall for the purpose of city business.
While council members are prohibited from engaging in endorsements in representation of the city and/or the city council, Jones said they are allowed use of their title in providing personal endorsements.
City staff is prohibited from engaging in advocacy and endorsements in the same manner. Staff, however, may provide factual information to the public during work hours, he said.
Jones said public funds can only be used to provide the public with informational materials that are based on fact, not position.
Also on Thursday, the council authorized support of a resolution regarding illegal marijuana grows introduced to the League of California Cities by the Redwood Empire Division, of which the city is a member.
Specifically, City Manager Joan Phillipe said the resolution was originally introduced by the Fort Bragg City Council after Councilman Jere Melo was shot and killed in August 2011 while out on private timberland investigating a report of an illegal marijuana grow.
The resolution calls for action from the “governor and legislature to convene a summit to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout California and the increasing problems to public safety related to these activities by working in partnership with the League of California Cities to develop responsive solutions and to secure adequate funding for cost-effective implementation strategies.”
Highlights of the resolution call attention to the following:
- Growing public concerns about damage to fish and wildlife habitat and degradation to the environment.
- Substantial public investment in support of the Clean Water Act, Porter-Cologne Water Quality Control Act and Endangered Species Act with efforts through those acts jeopardized by illegal grows.
- Illegal water diversion for cultivation of marijuana poses direct threat to endangered and threatened fish species.
- Unregulated use of fertilizers, pesticides, insecticides, soil amendments causing contamination to land and waters.
“This is definitely something we need to do to stop the devastation of our forests,” Councilwoman Joyce Overton said. “It's a starting point to get the state's attention.”
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Supervisors to discuss Measure N enforcement
LAKEPORT, Calif. – The Board of Supervisors this week will consider giving updated direction to county staff regarding the enforcement of Measure N, the county ordinance approved by voters in June that established medical marijuana cultivation rules.
The board will meet beginning at 9 a.m. Tuesday, Aug. 19, 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 .
The discussion, set for 9:35 a.m., comes in the wake of reports of sheriff's personnel making sweeps through a number of communities – in particular, Spring Valley – to eradicate marijuana grows of all sizes.
Board Chair Denise Rushing has placed the Measure N discussion on Tuesday's agenda.
“I have received a number of calls from residents of Spring Valley this week regarding the enforcement of the current marijuana cultivation ordinance (Measure N),” she said in her Aug. 14 memo to fellow board members and staff.
Last December, the Board of Supervisors unanimously passed Ordinance No. 2997, which after a successful referendum earlier this year became Measure N on the June ballot.
Voters passed the measure, 51.6 to 48.4 percent, on June 3.
The Board of Supervisors certified the final election results on July 1. Measure N became law on July 11; according to state election law, such measures go into effect 10 days after the certification of the final election results, as Lake County News has reported.
Among Measure N's main provisions is a ban on outdoor cultivation in community growth boundaries and on vacant parcels, a limit of six mature or 12 immature plants on parcels larger than one acre outside of community growth boundaries, a limit of 100 square feet or less for indoor grows, and a requirement that cultivation not take place within 1,000 feet from schools, parks or other facilities serving children, and 100 feet from water bodies.
The measure also has a quicker abatement process by making the Lake County Sheriff's Office responsible for enforcement.
Rushing said she was placing the Measure N discussion on the board agenda so the supervisors “can clarify its intent and receive an update from departments involved in these code enforcement activities.”
She is asking for a report from Community Development and other county departments involved in ensuring compliance with Measure N, including the status and processes for current marijuana cultivation ordinance enforcement, “particularly around summary abatement processes and procedures.”
Community Development Director Rick Coel confirmed to Lake County News that the sheriff's office is enforcing Measure N, and that his staff only gets involved in cases where there are health and safety violations or unpermitted grading.
In particular, Coel said Community Development Building Division staff were called out to inspect and red tag “some egregious violations such as dangerous electrical wiring, unpermitted shacks with growers occupying them, and some homes that have been trashed to the extent that they are unsafe to occupy.”
The Lake County Sheriff's Office has not responded to a California Public Records Act request submitted by Lake County News for details about how many eradications have taken place and how many plants have been seized as part of the agency’s Measure N enforcements.
The full agenda follows.
CONSENT AGENDA
7.1: Adopt resolution amending Resolution No. 2013-95 to amend the budget for fy 2013-14 by making various adjustments to Budget Unit 2101- Trial Courts.
7.2: Adopt proclamation designating the month of August as Child Support Awareness Month.
7.3: Approve agreement between the county of Lake and San Sousee for adult residential support for FY 2014-15, in the amount of $100,000, and authorize the chair to sign.
7.4: Approve contract between the county of Lake and Lake Family Resource Center for Cal-Learn Teen Parenting Services for FY 2014-15, in the amount to be determined by State formula, and authorize the chair to sign.
7.5: Approve advance step hiring at fifth step for Public Health Nurse II Trainee due to exceptional qualifications.
7.6: Sitting as the Board of Directors of the Lake County Watershed Protection District – approve amendment three to the funding agreement between the California Department of Water Resources and the Lake County Watershed Protection District, under the Flood Protection Corridor Program, SAP Contract No. 4600003318, and authorize the chair to sign.
TIMED ITEMS
8.2, 9:10 a.m.: Presentation of proclamation designating the month of August as Child Support Awareness Month.
8.3, 9:15 a.m.: Continued from Aug. 5, review of Harbor House Coffee kiosk water supply compliance and consideration of board action and response.
8.4, 9:25 a.m.: Continued from Aug. 12, consideration of letter of opposition for SB1139 (Hueso) - California Renewables Portfolio Standard Program.
8.5, 9:35 a.m.: Consideration of direction to county staff regarding enforcement of marijuana cultivation ordinance (Measure N).
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.
10.2: Conference with legal counsel: Existing litigation pursuant to Gov. Code Section 54956.9(d)(1): Lakeside Heights HOA, et al. v. County of Lake.
10.3: Public employee appointment pursuant to Gov. Code Section 54957(b)(1): Interviews and appointment of interim Behavioral Health director.
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