How to resolve AdBlock issue? Clearlake City Council approves contract with new city attorney
CLEARLAKE, Calif. - The Clearlake City Council unanimously approved a contract Thursday for legal services with Jones and Mayer, designating Ryan R. Jones as the city's new attorney.
The contract is effective July 1 at an annual cost of $79,200.
“It's a bigger package for close to the same expense,” Mayor Denise Loustalot said.
Best Best & Krieger, which acted as the city's legal firm for several years, gave notice in April that it planned to terminate its contract, as Lake County News has reported.
In the city's new contract with Jones and Mayer, a monthly retainer of $6,600 will cover 40 hours of general legal services, which equates to $165 per hour.
City Manager Joan Phillipe said the proposed preliminary budget does not reflect that amount and will need to be adjusted accordingly.
Earlier in the meeting, Phillipe requested continuation of an item related to the preliminary budget concerning the appropriations limit as contract negotiations with the city attorney are different than those reflected in the proposed budget.
Phillipe said the contract with Jones and Mayer is to be reviewed after six months to determine whether more or less than 40 hours of service a month is required.
She said the review may result in the need of a budget adjustment at the time of the mid-year budget review.
The legal firm operates from three locations, the closest to the city being in Roseville, from which travel will be calculated regardless of Jones' actual travel distance.
Additionally, there will be no charge to the city for mileage nor will there be a charge for word processing or other minor administrative functions.
The contract requires Jones' attendance at city council meetings and study sessions except when the agenda is such that attendance is not needed or can be done telephonically.
Phillipe said it has been the practice of city for quite some time to have its attorney present only at request.
Litigation services are to billed at $200 per hour and specialized services/special projects are to billed at $175 per hour.
Vice Mayor Gina Fortino Dickson said one aspect that stood out to her was the firm's “innovative practices in code enforcement,” which she thinks will be of benefit to the city. Code enforcement services will be billed at $185 an hour.
“I feel good about this contract and the services we are going to get,” Councilman Joey Luiz said.
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State of Jefferson Declaration Committee to host July 11 town hall
KELSEYVILLE, Calif. – Proponents of a plan to splits parts of California – including Lake County – into a new state are holding a town hall meeting in July.
The Jefferson State Declaration Committee will host the town hall at 6:30 p.m. Friday, July 11, at Grace Church, 6716 Live Oak Drive, Kelseyville.
Truman Bernal, one of the committee organizers, said the town hall is estimated to last about two hours, and will include featured speakers and a question-and-answer period for those who attend.
Terry Rapoza will be the master of ceremonies, with the state of Jefferson movement spokesman Mark Baird as the main speaker; along with Kayla Brown, who represents younger people in the movement; and Robert Smith, editor of the Shasta Lantern, Bernal said.
Bernal, who along with wife Sheryl organized the Lake County Jefferson State Declaration Committee last December, said the new state is necessary because Northern Californians have no representation in Sacramento.
He pointed out that in California, Los Angeles has 35 representatives and the northern third of California has five, and that residents are burdened with regulations, taxes and fees that offer them no benefit.
As proposed, the state of Jefferson would encompass Northern California counties including Butte, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity and Yuba in California, along with several Southern Oregon counties.
Bernal said that, in addition to Lake, the counties of El Dorado, Lassen, Nevada, Placer, Plumas, Sutter and Tehama all have established declaration committees in support of forming the 51st state.
In September 2013, the boards of supervisors for Siskiyou and Modoc counties voted to adopt a declaration and petition to the California State Legislature to withdraw from California to form the state of Jefferson, with the Glenn County Board of Supervisors taking the same action in January and the Yuba County Board of Supervisors doing the same in April.
Also in April, the Lake County Board of Supervisors had a preliminary discussion on joining the Jefferson movement but took no formal action, with the local committee asking for an opportunity to return with more information.
Bernal said the Lake County committee doesn't yet have a target date for going back to the Board of Supervisors.
“We'll see how many people come to the town hall,” he said, with the decision up to Baird, who has talked to board members.
Alicia Flores, assistant clerk to the Lake County Board of Supervisors, confirmed that nothing regarding the state of Jefferson proposal is scheduled on the board agenda for at least the next three weeks.
On June 3, Tehama County voters approved Measure A by 58 percent. The measure supports having the Tehama County Board of Supervisors approve the declaration to withdraw from California and join Jefferson.
On Tuesday, the Shasta County Board of Supervisors voted against joining the movement. Bernal said the Sutter County Board of Supervisors has rescheduled for a month a discussion it had planned on the matter.
According to the www.jeffersondeclaration.net , no action has so far been taken by Boards of Supervisors in the counties of Butte, Colusa, Del Norte, El Dorado, Nevada, Placer and Plumas, although committees are organizing and holding meetings in those areas.
For more information on the Jefferson movement, visit www.jeffersondeclaration.net ; for updates from the Lake County for the State of Jefferson group, visit https://www.facebook.com/LakeCoSOJ .
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Clearlake City Council to get report on water emergency and consider consulting agreement for Walmart expansion
CLEARLAKE, Calif. – The Clearlake City Council is set to hear about a water emergency in a local district, discuss a consultant agreement to process Walmart's plans for an expansion and consider hiring a new legal firm.
The council will meet at 6 p.m. Thursday, June 26, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
The first order of business on Thursday will be the presentation of a proclamation declaring June as LGBT Pride Month.
Frank Costner, general manager of the Konocti County Water District, will give the council a report about the district's special Wednesday afternoon board meeting to discuss its intention to declare an emergency and implement conservation measures.
The district still has several steps to follow before implementing the measures, which Costner said are necessary due to the lake's low level, difficulties dealing with this year's algae bloom and a higher-than-normal water demand from customers.
In other business, the council will consider a contract with Price Consulting Services to perform planning work as part of processing Walmart's proposed expansion project.
City Manager Joan Phillipe's report to the council explained that Walmart has been in discussion with city staff over the last several months regarding an expansion of its Clearlake store.
The project originally was under consideration in 2009 but placed on hold in 2011 at Walmart's request. In 2012 it was reactivated, only to once again be placed on hold, Phillipe said.
“In the ensuing time, the company has conducted a community survey and ultimately determined to enter into discussion with staff about the possibility of reactivating its application,” she reported.
She noted in her written report that reactivating the project “will require significant staff time to process necessitating use of a professional planner to assist the city with the process.”
The proposed contract with Price Consulting Services will be covered by Walmart, Phillipe said. A total contract amount does not appear in city documents, but the work is to be charged at $100 an hour, with mileage reimbursement of $.60 per mile and annual rate adjustments of no more than 10 percent to be made in January of each year.
Also before the council Thursday is a proposal to hire Jones and Mayer as the new firm to serve as legal counsel for the city, following Best Best & Krieger's decision to resign earlier this year.
Phillipe's report on the item explained that five proposals were received and evaluated by an ad hoc committee of council members and staff, four firms were recommended for interview before the entire council and two firms selected for further evaluation. The council ultimately selected Jones and Mayer.
The proposed monthly retainer fee would be $6,600 for 40 hours of general legal services – calculated at $165 per hour – for a total annual cost of $79,200, Phillipe reported.
Jones and Mayer has done other legal work locally, including representing Sheriff Frank Rivero in a lawsuit against District Attorney Don Anderson over Rivero's inclusion on a list of law enforcement officers with credibility issues.
The council also will get a presentation on the annual audit for the fiscal year that ended in June 2013, authorize the extension of the 2013-14 fiscal year budget and schedule a second workshop for the fiscal year 2014-15 budget, and approve the city's 2014-15 appropriations limit.
Items on the consent agenda – considered to be noncontroversial and accepted as a slate with one vote – include warrant registers, consideration of calling the Nov. 4 election, minutes of the May 14 Lake County Vector Control District meeting and consideration of a temporary closure of a portion of Golf Avenue between Lakeshore Drive and Ballpark Avenue for the Lake County Youth Services Youth Fest 2014 event.
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Supervisors to discuss proposed medical marijuana dispensaries ordinance July 1
LAKEPORT, Calif. – A proposal to once again allow medical marijuana dispensaries to operate in the county's unincorporated areas will go to the Board of Supervisors during a special evening meeting set for next Tuesday, July 1.
The meeting will begin at 6 p.m. in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport.
The discussion on the proposed dispensaries ordinance is timed to begin at 6:15 p.m.
The county's dispensaries were ordered to be shut down in 2011 after all of them were served with notices of violation under the county's zoning ordinance, which holds that uses that are not expressly allowed are not legal.
Earlier in 2011 the Board of Supervisors had passed a dispensaries ordinance that was challenged by a referendum, with the board later rescinding the ordinance and going forward with the dispensary closures.
Last December, when the Board of Supervisors approved county ordinance No. 2997 regarding medical marijuana cultivation – which went on to become Measure N on the June 3 ballot due to a referendum – the board also directed Community Development Director Rick Coel to bring forward the new ordinance, as Lake County News has reported.
Coel's report to the board regarding the new proposed regulations explains that dispensaries could provide a fourth option for access to medicinal marijuana “by qualifying patients that will not be able to cultivate outdoors under the new cultivation ordinance. Despite still being able to cultivate indoors, joining a collective or designating a primary caregiver to cultivate in a different location, dispensaries could provide a more convenient solution.”
He said that in drafting the ordinance a key concern has been the limited ability of local governments to “permit” an activity that is not legal under federal law.
“Staff from County Counsel and Community Development researched dispensary ordinances throughout the state and found that most jurisdictions are banning dispensaries,” he said in his report.
Of the dispensary ordinances county staff found, two-thirds of them were not located within the jurisdiction’s zoning code. Instead, Coel said the regulations were added to either their business license/permit regulations or health and safety regulations.
That is the route Coel is proposing, noting that the 17-page draft ordinance is premised upon an annual business permit and would be included in the business license and permits section of the county's code.
The proposed guidelines include operational requirements, areas where the dispensaries can be located, and setback provisions for a 600-foot distance from schools, improved parks and residences, according to Coel's report.
Staff is asking for the board's determination of exactly where the dispensaries should be allowed.
“We recommend that a minimum of 3, but no more than 5 dispensaries be allowed, and that only one dispensary per approved mapped area be allowed,” Coel wrote in his report. “For comparison, Alameda County only allows thee dispensaries.”
Areas proposed for possible dispensary locations include a portion of downtown Upper Lake along Main Street; two blocks along E. Highway 20, between Fourth and Sixth avenues in Lucerne; two areas on Foothill Boulevard at Oakgrove Avenue, and an area along Highway 20 across from Keys Boulevard in Clearlake Oaks; locations on Main and Wilson streets in Lower Lake; parcels on E. Highway 29, Lake and Bush streets in Middletown; two locations on Highway 175 near Schwartz Road on Cobb; along Soda Bay Road in the area of Broadmoor Way in the Clear Lake Riviera; and on Highway 29 near S. Main Street in south Lakeport.
Annual compliance monitoring shall be conducted by the Lake County Sheriff's Office at the permit holder's expense. The proposed ordinance also requires that dispensaries sell or distribute only marijuana processed in California that has not left the state before arriving at the dispensary.
“Medical marijuana produced in Lake County shall be sourced from sites that are operated consistent with the Lake County Code, with no citations for erosion, stormwater or other violations committed at the cultivation site,” the document states.
The proposed ordinance also prohibits use of medical cannabis on dispensary premises, limits the number of clones on site to 100 and allows no other cultivation at dispensary sites, with no public display of marijuana plants or drug paraphernalia allowed, and no allowance for selling alcoholic beverages at the dispensaries. Juveniles under age 18 also are not allowed on the premises.
“Operators of medical marijuana dispensaries shall make every effort possible to assure that marijuana obtained from their sources does not contain harmful levels of pesticides,” the document states. “Operators shall educate their members on the importance of organic cultivation practices.”
Dispensary operators will be required to test their marijuana for pesticides. Any positive tests for the presence of pesticides bars the drug from being sold to dispensary members. A testing log on the marijuana offered also must be kept at dispensary sites.
There also are requirements for exhaust and air filtration, a limit on exterior signage to 32 square feet and requirements for liability insurance.
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Supervisors vote down appeal of Dollar General store plan for Nice
LAKEPORT, Calif. – A Tuesday vote by the Board of Supervisors will allow plans for a Dollar General store in Nice to move forward.
The board voted 4-1 to deny the appeal lodged by Avtar Singh, owner of Nice Market; Jagtar Singh, owner of Marina Market; and Mohammed Sadiq, who owns the Nice Tower Market, regarding the Lake County Planning Commission's May 8 approval of the store's major use permit.
Board Chair Denise Rushing was the lone dissenting vote. “Community character is the key for me,” she said.
The Nice store will be located at 3539 and 3577 Highway 20. Also on May 8, the commission approved the permit for a store at 13090 E. Highway 20 in Clearlake Oaks, which was not part of the appeal.
The two stores are to be about 9,100 square feet each. They will be part of the burgeoning Dollar General presence in California.
The Tennessee-based “small box” retailer, which sells everything from household goods to clothing and some food items, has 11,000 stores nationwide.
Dollar General entered the California market in 2012, and has since opened a number of stores around Northern California.
Store officials have confirmed that three other Lake County locations – including one in Kelseyville – are being considered for Dollar General stores.
The three Northshore businessmen who filed the appeal spoke at the initial hearing on June 10, telling the board that their stores would be harmed – and they may have to close – if the Dollar General was allowed to enter the community.
They did not speak at Tuesday's hearing. However, board members Jim Comstock and Jeff Smith reported receiving messages from Gary Nylander, whose family has for decades owned the Red and White Store in Clearlake Oaks.
Nylander told the supervisors of his concerns about the Dollar General stores and how they could impact local businesses that contribute to community groups and activities.
Smith suggested that businesses like Dollar General should be required to contribute to the community as a condition of approval.
Supervisor Rob Brown pointed out that many existing local businesses don't contribute.
Lake County Chamber Chief Executive Officer Melissa Fulton said the chamber represents more than 4,000 employees and business owners in the county, noting that more than 85 percent of local businesses are small, mom and pops made up of one or two employees.
However, Fulton spoke in favor of allowing Dollar General to come in, explaining that local businesses have to embrace competition.
“Lake County is either open for business or we're not,” she said.
She asked what kind of message the county would be sending to the outside world by rejecting the store. “Will new business want to look at us? Will they consider us?”
Supervisor Anthony Farrington raised concerns about Dollar General's use of prefabricated metal buildings for its stores, which he suggested meant there would be no local contractors or subcontractors used.
Rushing asked Fulton if she thought the Dollar General would bring quality jobs and if it would eliminate existing jobs.
Fulton said jobs that would pay more than minimum wage would have to be created in order to pay for managers.
Lakeport businesswoman Nancy Ruzicka supported granting the appeal, saying that during a recent visit to rural Nebraska she had seen a small town impacted by a Dollar General.
Community Development Director Rick Coel explained to the board that Dollar General always uses prefabricated metal buildings for their stores unless they are going into existing malls.
Dan Dover of Cross Development, who submitted the applications on behalf of Dollar General, said that they do use local subcontractors on building jobs, but they have to be competitive.
Rushing said she wouldn't have an issue with Dollar General if it paid living wages to employees and was consistent with community character. At the same time, she said she was in a difficult spot, because not a lot is going on in Nice. She pointed out that no economic impact analysis was done.
Brown asked what was a living wage, with Rushing suggesting that it was about $12.50 an hour or above locally. Brown said they would have to close the county government down if that were the issue, with Rushing replying that she has a problem with part-time county employment for that reason.
Comstock moved to deny the appeal, with Smith seconding and the board voting 4-1 at the end of the half-hour discussion.
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