How to resolve AdBlock issue? Council adopts budget, gets update on general plan work; man who helped officer honored
LAKEPORT, Calif. – The Lakeport City Council had a busy Tuesday night meeting, honoring a local man who helped a police officer, meeting the city's new fire chief, approving the new fiscal year budget and hiring a consultant to assist in an aspect of the general plan update.
At the start of the meeting, Mayor Kenny Parlet presented a proclamation to Mauro Lopez, thanking him for assisting Lakeport Police Officer Joe Eastham on May 23.
Eastham had been attempting to arrest 40-year-old Joseph Dexter Taylor of Lucerne when Taylor began to resist arrest. Lopez came to Eastham's aid and helped subdue Taylor.
Parlet, Lakeport Police Chief Brad Rasmussen and Eastham all shook Lopez's hand and thanked him for his assistance.
Retiring Lakeport Fire Chief Ken Wells also went before the council on Tuesday to present to them his successor, Doug Hutchison, whose first day on the job was June 10.
Wells said he had taken Hutchison around to meet city staff on Tuesday and planned to meet with county officials on Wednesday.
Among Tuesday's business items was a public hearing regarding an ordinance to establish new speed limits on Parallel Drive.
City Engineer Scott Harter took to the council the results of a supplemental engineering and traffic study needed because of the Mendocino College Lake Center, the construction of which hadn't been completed when the previous study was performed in 2011.
The study proposed three speed zones: 45 miles per hour from the junction at Highway 175 to Chester Lane (north of the Mendocino College driveway); 50 miles per hour north of Chester Lane to 1,850 feet north of Todd Road; 35 miles per hour from 1,850 feet north of Todd Road to Lakeport Boulevard and from Lakeport Boulevard to the end of improvements north of Craig Avenue.
There was no public input and the council approved the speed zone study ordinance 5-0.
Finance Director Dan Buffalo presented a proposal to establish an after-hours and on-call user fee of $126 for water and sewer services.
City offices are closed on Fridays as a cost-cutting measure, and Councilman Tom Engstrom noted, “I would hope we're not going to charge people $126 on a Friday.”
If it was a nonworking Friday, they would be charged, Buffalo said.
“I can't support that,” said Engstrom.
Engstrom said the service needed to be available during normal working hours – 8 a.m. to 5 p.m., Monday through Friday.
“How often is this happening?” asked Councilwoman Stacey Mattina.
Buffalo said the city's Public Works Department doesn't keep track of the calls, but estimated it happens about four times a month. Typical calls are vacation home owners who forget to have water services turned on ahead of their arrival.
The council agreed with Engstrom that the language needed to be amended, and Engstrom moved to approve and adopt the resolution establishing the fee for requests outside of 8 a.m. to 5 p.m., Monday through Friday. The motion was approved 5-0.
In other business, city Special Projects Coordinator Richard Knoll gave the council a status report on the Lakeport Planning Commission's work on the review, update and amendment to the city's general plan.
The commission has spent several months holding public hearings and workshops, going over the document's language and refining suggestions in order to complete the initial phase of its focused general plan update project, he said.
Among the commission's recommendations is the hiring of De Novo Planning Consultants – the firm currently working on the city's housing element update – to conduct a supplemental environmental impact report on the general plan, Knoll said, with the contract cost not to exceed $29,265. He said De Novo was the only firm to submit a proposal to do the EIR work.
While an EIR addendum could cost less, around $22,000, it would only look at changes that were not substantial. However, Knoll said a supplemental EIR is more like an actual EIR and puts the city in a better position to defend itself if there are any challenges over the document.
A full EIR, Knoll said, could cost between $120,000 to $150,000 to complete.
Parlet praised the commission for its work, saying it did a great job, and Knoll agreed.
“And they're not done yet,” said Knoll, pointing out that the commission will be part of the upcoming environmental review process.
The council unanimously accepted the commission's status report and the recommendation to hire De Novo Planning Group for the supplemental EIR.
Regarding the 2014-15 budget, Buffalo presented the final review of the document to the council, with city revenues totaling $15.73 million and total expenditures of $18.78 million.
After some final questions from council members about various funds and other minor details, the document was approved unanimously.
City Manager Margaret Silveira commended Buffalo for his work on the budget, which he has crafted and improved over the last three years. Buffalo said a lot of the work is done in tandem with city departments.
The council also approved the purchase – not to exceed $14,000 – of an emergency generator for the city's tank site facility; approved a resolution supporting the renewal of the Sonoma/Mendocino/Lake Recycling Market Development Zone; and approved the delegate and alternates for the fall League of California Cities conference.
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Supervisors vote to place Medical Marijuana Control Act on November ballot
LAKEPORT, Calif. – The Board of Supervisors on Tuesday voted to put on the November ballot a medical marijuana cultivation initiative put forward by an advocacy group that would challenge a county ordinance that went to a referendum June 3.
The board voted 3-2 to place the Emerald Unity Coalition's “Medical Marijuana Control Act” before voters in the fall, with Supervisor Rob Brown and Supervisor Jim Comstock voting no.
The supervisors did not support the option of accepting the act outright as a county ordinance, without changes.
Among its key provisions, the act allows 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; and charges a per-plant fee on any collective growing more than 13 plants.
While the board majority agreed to place the act on the ballot, they also wanted county agencies including the County Counsel's Office, Lake County Sheriff's Office, Community Development Department and the County Administrative Office to report back on possible impacts from the initiative, including the ability to attract and retain business, impact on law enforcement and concerns about the act's legality.
Regarding the latter, board members raised issues with the act's language, specifically, that it states that county law enforcement won't be able to enforce federal law regarding marijuana and that the county won't accept federal funds for marijuana eradication.
There also is the question of whether the fees to be collected from collective grows would be an issue with federal authorities, who shut down a program in Mendocino County that charged fees on plants.
Still in play is Measure N, a county ordinance passed to govern marijuana cultivation last December which local groups – including the Emerald Unity Coalition – gathered signatures to push to referendum.
Preliminary ballot results show that Measure N passed with a 5.2-percent margin. However, the election results will not be final until July 1, according to Registrar of Voters Diane Fridley.
Board members raise concerns
Fridley presented to the board her certification of the initiative, which needed 2,115 signatures to qualify.
The Emerald Unity Coalition in May had submitted 3,505 signatures. Out of those, Fridley's office checked 3,066, finding 934 insufficient and 2,132 sufficient.
Supervisor Anthony Farrington said he had no issue with placing the act on the ballot but raised concerns about legality, and referenced a successful recent effort to challenge senior mobile home park rent control initiatives in the city of Lakeport and in the county on the basis of whether they were constitutional.
In March Judge Richard Martin found the city and county measures weren't constitutional and ordered them removed from the ballots.
Brown accused the Medical Marijuana Control Act's proponents of “lying to everybody” in order to get the signatures they needed to qualify for the ballot.
“This is absolute nonsense that this thing is even before us right now,” he said.
Brown pointed out how the act dictates that the medical marijuana enforcement officer position be added to the Community Development Department, and that the hiring process must include a public hearing and a board vote, rather than allowing the Community Development Department director to do the hiring.
In addition, Brown pointed to language in the act that he said eliminates the ability of local law enforcement to enforce federal law and prevents the county from taking federal funds for marijuana-related enforcement.
He said he didn't think the act was legal or constitutional.
“The whole thing's a fraud,” Brown said.
Board Chair Denise Rushing asked Brown if he was saying there should be a legal challenge, and Brown said yes.
Comstock said he also had issues with the signatures gatherers' methods, recounting how one tried to entice him to sign, telling him that if he did it would help get the county's roads fixed.
Brown also agreed that the county needed to find out if the act can be challenged legally.
“It appears that there is a certain group that is never going to be satisfied, no matter what,” Brown said.
“Which is their right,” Rushing replied.
Considering options
Daniel McLean – who along with Clearlake City Council member Jeri Spittler and Adelia Klein-Leonard is a proponent of the Medical Marijuana Control Act – told the board that the act's wording is meant to prevent use of federal funding to prosecute people who are in conformance with state marijuana law.
He referred to the “Cole memo,” which the act's supporters have drawn on to support their proposal.
The August 2013 memorandum from Deputy US Attorney General James Cole suggested that “jurisdictions that have enacted laws legalizing marijuana in some form and that have also implemented strong and effective regulatory and enforcement systems to control the cultivation, distribution, sale, and possession of marijuana, conduct in compliance with those laws and regulations” are less likely to threaten federal priorities such as revenue going to cartels, marijuana trafficking and violence.
The memo also notes, “Even in jurisdictions with strong and effective regulatory systems, evidence that particular conduct threatens federal priorities will subject that person or entity to federal enforcement action, based on the circumstances.”
McLean said the Emerald Unity Coalition is seeking a compromise with the act. He said they relied on a number of outside experts, including Oakland-based attorney James Anthony, as well as a former Sebastopol mayor and an expert on environmental stewardship. He said they also held workshops and reached out to local organizations.
“People are going to continue to cultivate cannabis one way or he other,” McLean said.
He estimated that the act could easily generate up to $100,000 in the first year and more than $1 million in years ahead to fund enforcement.
He said that just because the fee system didn't work in Mendocino County didn't mean it would work elsewhere.
McLean asserted that the act was the county's best hope in settling the ongoing struggle over medical marijuana. He acknowledged that allowing grows in neighborhoods was an issue, with the act to allow up to four plants per parcel.
Community Development Director Rick Coel addressed inaccuracies that he said were being circulated about Measure N, specifically, that it prevents all outdoor cultivation. Rather, he said it requires large grows be located on ag lands.
Regarding the proposed initiative, “As it's drafted, the enforcement provisions aren't workable,” Coel said.
Based on the language, the supervisors can approve only one marijuana enforcement officer. “Where are you going to find the person to do that job?” Coel asked, noting that there are a host of problems with the proposal.
Results still pending on another initiative effort
County Counsel Anita Grant said during the discussion that there is a possibility that minor adjustments could be made to Measure N, as there is “prevalent legal theory” that what originates with the board – as Measure N did as a county ordinance – can be amended, while initiatives can't be, except by another ballot measure sent to the voters.
Supervisor Jeff Smith was concerned about the flexibility of the initiative's setback rules, which he interpreted as allowing someone to grow anywhere they wanted on a property, which would once again cause issues in neighborhoods.
It was noted during the discussion that Fridley's office is still verifying signatures for yet another marijuana cultivation initiative proposal, this time from Lucerne residents Ron and Conrad Kiczenski, also submitted in May.
“The Freedom to Garden Human Rights Restoration Act of 2014” exempts “an individual's home gardening efforts or abilities” from any limiting county permits or county ordinances, allowing for unlimited numbers of any kinds of plant to be grown and offering no recourse outside of mediation unless complaints are “related to a specific medically verifiable toxic health risk.”
The Emerald Unity Coalition has said the Kiczenskis' initiative conflicts with the Medical Marijuana Control Act.
Rushing said she wanted to know about the Medical Marijuana Control Act's enforceability, and if it is consistent with the county general plan and other laws, such as the grading ordinance.
Comstock added that it's also important to know if there is an issue with federal law.
Smith said the information gathered from county staff about local impacts can be presented to voters this fall.
McLean, addressing concerns over how many enforcement officers can be hired, said it's not capped at one, and that they could create 10 positions if they are needed.
He then referred back to Mendocino County's fee program, which federal officials pushed that county to shut down.
“They had to stop at one point,” Brown said. “That means we can't start.”
Farrington moved to place the initiative on the November ballot, asking staff to do objective fact finding. The vote was 3-2.
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Clearlake Planning Commission to discuss zoning, general plan updates
CLEARLAKE, Calif. – The Clearlake Planning Commission on Tuesday will meet to discuss updates to the city's zoning code, housing element and general plan.
The meeting will begin at 6 p.m. Tuesday, June 17, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
City staff will present to the commission a review of the proposed zoning code amendment.
The commission will consider public testimony and the determination that the project is exempt from the California Environmental Quality Act, and adopt a resolution recommending that the Clearlake City Council adopt the zoning ordinance amendment to implement the city's 2009-14 Housing Element and to comply with state housing laws.
Staff also will give the commission a verbal status report on the housing element and general plan updates.
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Supervisors to consider fiscal year 2014-15 budget, marijuana initiative petition
LAKEPORT, Calif. – The Board of Supervisors this week is set to consider the proposed 2014-15 budget and whether to accept or place on the ballot another marijuana cultivation initiative.
The board will meet beginning at 9 a.m. Tuesday, June 17, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.
In an item timed for 9:35 a.m., the board will consider the fiscal year 2014-15 Recommended Budget.
The discussion will include consideration of the proposed resolution establishing fiscal year 2014-15 position allocations to conform to the recommended budget as well as requests for authorization to purchase capital assets and fill positions prior to final adoption of the budget.
In an untimed item, the board will consider the Medical Marijuana Control Act County initiative petition, as certified by the registrar of voters.
The initiative, put forward by the Emerald Unity Coalition, would – unlike Measure N, on this month's ballot – once again allow marijuana cultivation in neighborhoods, and allow grows to be 600 feet from facilities such as schools, as compared to the 1,000-foot requirement in Measure N.
It also proposes to tax collectives in order to establish a marijuana enforcement officer position, the hiring for which would require public hearings and a vote of the Board of Supervisors, rather than being left to the Community Development Department director's discretion.
Registrar of Voters Diane Fridley's report to the board said the petition has received the necessary signatures.
As such, the board can agree to accept it outright without revisions or place it on the November ballot.
The full agenda follows.
CONSENT AGENDA
7.1: Approve minutes from the Board of Supervisor meetings held June 3, 2014 and June 10, 2014.
7.2: Authorize the registrar of voters to render all services necessary to conduct the city of Lakeport’s General Municipal Election on November 4, 2014, for the purpose of electing two members of the City Council, and request to consolidate said election with the State General Election, pursuant to the City’s Resolution No. 2499 (2014).
7.3: Adopt resolution approving the application of the Lake County Arts Council for the California Arts Council Grant and authorizing the execution of the grant contract.
7.4: Adopt resolution approving an application for a Maternal, Child and Adolescent Health (MCAH) Special Oral Health Project with the State of California, Department of Public Health in the amount of $50,000 for FY 13/14 Through FY14/15 and authorizing the Health Services director to sign said application.
7.5: Waive 900-hour limit for extra help IT assistant Dawn Begun.
7.6: Adopt resolution authorizing the Special Districts Administrator to sign a notice of completion for work performed at Kono Tayee, County Service Area #13 for Water Tank Project.
TIMED ITEMS
8.2, 9:30 a.m.: Public hearing, sitting as the Lake County Air Quality Management District Board of Directors, consideration of the Lake County Air Quality Management District fiscal year 2014/15 draft budget for Budget Units 8799 & 8798.
8.3, 9:35 a.m.: Consideration of fiscal year 2014-15 Recommended Budget; (b) consideration of proposed resolution establishing FY 2014-15 position allocations to conform to the recommended budget; and (c) consideration of requests for authorization to purchase capital assets and fill positions prior to final adoption of the budget.
UNTIMED ITEMS
9.2: Consideration of options for the Lucerne Castle swimming pool.
9.3: Consideration of agreement with Green Gates Veterinary Services, for FY14-15 veterinary services, in the amount of $140,000, and authorize the chair to sign.
9.4: Consideration of (a) second amendment to the agreement between the county of Lake and North Valley Behavioral Health LLC for Acute Psychiatric Hospital Services for fiscal year 2013-14; and (b) Budget Transfer to cover costs.
9.5: Consideration of Budget Transfer in BU 9907 to purchase a replacement sign truck.
9.6: Consideration of the Medical Marijuana Control Act County initiative petition, as certified by the registrar of voters, implementing proposed ordinance.
9.7: Consideration of second amendment to agreement between the county of Lake and B.I. Incorporated to operate an evidence-based program for inmates in Lake County Jail.
9.8: Consideration of Kelseyville customer request for deferral of connection to the sewer collection system until existing septic system fails at existing home on APN 024-101-06/5140 Park Ave., Kelseyville.
9.9: Consideration of holding special meeting on July 1, 2014, at 6 p.m.
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, 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 Sec. 54956.9 (d)(1): Morshed v. County of Lake, et al.
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Proposed 2014-15 fiscal year budget, general plan update report go to Lakeport City Council
LAKEPORT, Calif. – The Lakeport City Council will consider adopting the upcoming fiscal year budget and discuss the Lakeport Planning Commission's status report on the update of the city's general plan on Tuesday.
The council will meet in closed session to discuss labor negotiations with the Lakeport Employees Association and Lakeport Police Officers Association at 5 p.m. Tuesday, June 17, in the council chambers at Lakeport City Hall, 225 Park St.
Open session will convene at 6 p.m.
During public presentations, the city will honor Mauro Lopez for his help in apprehending a convicted felony.
New Lakeport Fire Chief Doug Hutchison also will be introduced to the council.
Richard Knoll, the city's special projects coordinator, will present a status report on the 2014 amendment review, update, and amendment of the Lakeport General Plan.
The council also will consider the Lakeport Planning Commission's recommendation to hire De Novo Planning to prepare a supplemental environmental impact report. The proposed contract is not to exceed $29,265.
The other major item of business for the council will be the adoption of the 2014-15 fiscal year budget.
During a special workshop held June 3, city Finance Director Dan Buffalo presented a proposed budget, which has city revenues in all funds totaling $15.73 million, with total expenditures at $18.78 million, as Lake County News has reported.
The council also plans to hold public hearings as a prelude to adopting an ordinance establishing speed zones on Parallel Drive and a proposed resolution establishing an after-hours/on-call fee for user-requested water and sewer services.
Also on the agenda is a purchase order not to exceed $14,000 for an emergency generator that will be located at the city's tank site facility; nominations for the voting delegate and alternates for the League of California Cities annual conference, which will be held Sept. 3 to 5 in Los Angeles; adoption of the proposed resolution supporting the renewal of the Sonoma/Mendocino/Lake Recycling Market Development Zone; and authorization for City Manager Margaret Silveira to execute a park grant deed restriction.
On the meeting's consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – are ordinances; the warrant register for June 9; minutes from the June 3 council meeting; resolution adoption the compensation and benefits program for the city of Lakeport Unrepresented Employees for the period of July 1, 2014, through June 30, 2016; and approval and authorization of the transfer of $96,190.38 from special deposit fund 7092 to the general fund.
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