Lakeport City Council looks at new docks for Library Park

LAKEPORT, Calif. – Lakeport City Council members met early on Tuesday in order to check out new docks that are being considered for Library Park.
The afternoon walking tour took the five council members, city staff and a few community members out to the lakeshore, where several of the new docks – constructed with polyethylene – had been temporarily assembled.
The city included $200,000 in its capital expenditures budget in the current fiscal year for new docks, City Manager Margaret Silveira told Lake County News.
The council will consider the dock purchase in the upcoming fiscal year, she said.
Public Works Superintendent Doug Grider said that the city's current docks are about 30 years old, and have been rebuilt twice in the 10 years he's been with the city.
“The goal is to replace everything we have here,” he said, looking across the existing docks on Tuesday afternoon.
Maintenance of the existing docks has become increasingly challenging, with the underside floats now obsolete, said Grider.
He said Public Works staffers have been trying to keep them patched while also resurfacing the docks with treated wood, which he said doesn't last very long.
The city's original estimate for fully replacing the docks was in the ballpark of $800,000, said Grider.
Noting that he had a problem with such a huge price tag, Grider started researching other options.
In the process, he came across Clearlake Oaks businessman Wayne Chatoff, who has been a marine contractor for 42 years and is a master distributor for Missouri-based EZ Docks, www.ez-dock.com .
Chatoff, who was on hand along with Grider to introduce council members to the new docks, said the docks have an eight-year warranty but tend to last far longer. As an example, he has installed them in Paradise Cove, where they have been in use for more than 20 years and still look good.

Lakeport resident Tom O’Rourke, who attended the tour, said his homeowners association installed the same docks some years ago and noted they have held up well. He encouraged the city to acquire the new docks.
The docks stay cool even in hot conditions, and offer the city the ability to configure them in a variety of ways thanks to a number of add-ons.
Available modules and configurations include slides; docks for boats, jet skis and kayaks; swim platforms; boat lifts; benches; gangways; ramps and more, based on the EZ Docks catalogs Chatoff provided.
The docks are made in Monett, Missouri, said Chatoff, who has them trucked out to Lake County.
He's sold the docks to the National Aeronautics and Space Administration and even to the National Science Foundation; to fulfill that latter order, Chatoff had the docks shipped to Ventura County and then flown to Antarctica.
Besides the benefit of having a local contractor and an American-made product, Grider said the docks Chatoff offers are more economically priced.
Grider, who is still working on a full purchase proposal for the city, hesitated to give a specific estimate until he has finished crunching the numbers, but said the purchase price is expected to be well below the $800,000 the city originally had anticipated spending on new docks.
The EZ Docks also can be used with the city's existing dock piling system, Grider said.
“That saves a huge chunk of money,” said Grider.
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Proponents submit signatures to place Medical Marijuana Control Act on November ballot
LAKEPORT, Calif. – The effort to place another medical marijuana cultivation initiative on the ballot moved forward on Tuesday, with signatures to support the measure submitted to the Lake County Registrar of Voters.
About two dozen community members gathered at the front of the Courthouse Museum in Lakeport Tuesday afternoon as Emerald Unity Coalition representative Daniel McLean announced the group had submitted 3,500 signatures in support of its Medical Marijuana Control Act.
McLean called the act a “political compromise” that meets the needs of the most community members.
“We're not only trying to do what is best for the cultivators, we're trying to do what's best for the community at large,” including neighbors plagued by nuisance issues with grows, such as unwanted odors, he said.
Interim Registrar of Voters Maria Valadez told Lake County News that the initiative needs 2,115 valid signatures – or 10 percent of the voters who took part in the last gubernatorial election – to qualify to make it onto the ballot.
Based on the timeline provided by Valadez, the coalition submitted the signatures with plenty of time to have them checked and certified before going before the Board of Supervisors. The board then has until Aug. 5 to call for the initiative to be placed on the November general election ballot.
Valadez said the measure's three listed proponents are McLean of Lower Lake, Clearlake resident Adelia Leonard and Clearlake City Councilwoman Jeri Spittler.
Once the group provided proof of publication in the newspaper on April 18, they began circulating petitions for signatures, Valadez said.
The coalition was active in the referendum effort on Ordinance 2997, which the Board of Supervisors passed last December to regulate medical marijuana cultivation.
After the referendum gathered enough signatures earlier this year, the ordinance was placed on the June 3 ballot as Measure N, which the coalition is attempting to defeat.
The Emerald Unity Coalition asserts that its Medical Marijuana Control Act is fairer to patients and the community, and is urging the Board of Supervisors to accept it as a county ordinance, without changes. Alternately, however, they're prepared to go to the general election.
The Medical Marijuana Control Act 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.
When complaints are submitted, the enforcement officer would investigate, and any growers in violation of the measure's provisions could add greenhouses and odor control, and make other changes, or else their plants would be abated.
The measure includes criminal infraction penalties – not misdemeanors – for violations in residential areas.
In addition, the act establishes that any collective growing 13 or more plants would be required to register with the county's medical marijuana enforcement division and pay a per-plant fee of up to $50, with that fee being set by the Board of Supervisors.
It's that fee structure that McLean said Tuesday would fund the medical marijuana enforcement officer position.
He estimated that in the first year the fee could generate at least $100,000, and eventually bring in more than $1 million annually.
However, how that amount would increase by tenfold – whether by better enforcement or more grows – he did not specify.
McLean suggested the fees eventually could fund multiple enforcement officer positions.
“This is a legally sound ordinance that we spent hundreds of hours drafting,” said Lower Lake attorney Ron Green.
Green said he had input on the drafting of the ordinance, which was primarily written by James Anthony, an Oakland attorney whose practice specializes in policy, litigation and legal defense of medical marijuana.
He said it was vetted by a variety of stakeholders – community leaders, environmentalists, attorneys, law enforcement and county staff members – and many changes were made after the first draft, which he said was tilted toward cultivators.
“The final result is an ordinance that we think will work for everybody,” Green said.
Questions about potential for federal intervention and a competing initiative
The act's funding mechanism has raised questions about possible federal action, as happened in neighboring Mendocino County.
Mendocino County had for a few years run a medical marijuana permitting program that allowed for patients to grow up to 25 plants if they purchased zip ties for $25 each, with the zip ties marking plants as legal.
However, Mendocino County shut down the program in February 2012 after federal authorities threatened litigation and possible criminal action.
Despite the push back from the federal government experienced by Mendocino County, McLean said his coalition believes the Medical Marijuana Control Act won't be challenged because it is a zoning ordinance under the auspices of code enforcement, whereas the Mendocino program was under the sheriff's department.
McLean also suggested that an August 2013 memorandum from Deputy US Attorney General James Cole indicates that the measure won't face federal scrutiny.
Cole’s memo states: “In 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” is less likely to threaten several federal priorities, among them, preventing distribution to minors and revenue from going to cartels, stopping marijuana being diverted from one state to another or being used to traffic other drugs, and preventing violence and the use of firearms in marijuana cultivation.
However, Cole also went on to note that the memo was intended “solely as a guide to the exercise of investigative and prosecutorial discretion,” and, “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.”
Where a critical challenge for the Medical Marijuana Control Act ultimately may come from is in the form of a competing ordinance whose proponents also are seeking to place it on the November ballot.
“The Freedom to Garden Human Rights Restoration Act of 2014” also began collecting signature this spring. Valadez said the proponents are Lucerne residents Ron Kiczenski and his son Conrad, who sued the county over its interim medical marijuana ordinance, and James BlueWolf of Nice.
The four-page act exempts “an individual's home gardening efforts or abilities” from any limiting county permits or county ordinances.
In essence, it would allow for unlimited numbers of plants to be grown – although it does not specifically mention medical marijuana.
The proposed language also would offer little recourse – outside of mediation paid for by the parties themselves – in cases where neighbors have complaints, unless the complaints are “related to a specific medically verifiable toxic health risk.”
“It obviously conflicts with ours,” Green said of the Kiczenski ordinance.
If the two initiatives appear on the November ballot and are passed, the one with the most votes would become law, Green said.
To read the full Medical Marijuana Control Act, visit http://www.medicalmarijuanacontrolact.org/initiative.html .
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Luiz attends gathering of Young Elected Officials Network

CLEARLAKE, Calif. – Clearlake City Councilman Joey Luiz met with other elected officials and national leaders last week in Los Angeles at the ninth annual convening of People For the American Way Foundation’s Young Elected Officials Network.
At the convening, Luiz explored policy initiatives, participated in issue-based training sessions, and shared ideas with 120 fellow elected officials from across the country.
Luiz, 32, was elected to the Clearlake City Council in 2010 and has been a member of the Young Elected Officials Network since his first year in office.
He brought his own unique perspective to the convening, sharing his experience working for Clearlake on issues from economic development to public safety.
“This has been an incredible experience to network and learn with other young leaders from all levels of government,” stated Luiz. “I am honored to represent the people of Clearlake in my position on the City Council and apply the many things I have learned this week to my future policy decisions.”
The Young Elected Officials (YEO) Network, a project of People For the American Way Foundation, is composed of more than 800 federal, state, and local elected officials ages 18 to 35 from all 50 states.

It is the first national initiative to provide a network of support to young elected officials who share the values of freedom, fairness, and opportunity.
The theme of this year’s convening was “Of, By and For the People,” reflecting the YEO Network’s belief in the importance of elected leaders fighting for democratic reforms to address widening inequality and ongoing attacks on our constitutional rights.
At the convening, young elected officials discussed policy solutions on topics ranging from economic justice and voting rights to environmental sustainability and heard from speakers including Congresswoman Donna Edwards (D-MD), civil rights legend and affiliate People For the American Way Board member Dolores Huerta, People for the American Way Foundation founder and iconic television and movie producer Norman Lear.
“It was inspiring to see so many young, dynamic elected officials come together to learn from each other this weekend,” said Andrew Gillum, director of youth leadership programs at People For the American Way Foundation.
Luiz attended this event using his personal funds without any expense to the taxpayers he represents.

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Supervisors to consider drug eradication agreements, facility design amendment, present poet laureate proclamation
LAKEPORT, Calif. – This week the Board of Supervisors will consider drug suppression and eradication agreements and an amendment to the agreement for the Behavioral Health expansion facility design, and will officially appoint the county's new poet laureate.
The board will meet beginning at 9 a.m. Tuesday, May 20, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.
The board will consider two separate agreements relating to drug suppression activities in the county.
The first is between the county of Lake and the U.S. Forest Service Mendocino Forest for the suppression of the manufacturing and trafficking of controlled substances in the Lake Pillsbury Basin and Mendocino National Forest during deer season. The contract amount is $43,707.
The second proposed $200,000 agreement is between the county of Lake and the Drug Enforcement Administration for marijuana eradication activities. The board will consider authorizing the sheriff to sign the letter of agreement and the board chair to sign the workplace certifications and grant assurances.
In another untimed item, the board will consider and approve the first amendment to the agreement between the county of Lake and GLASS Architects for facility design for the Behavioral Health facility expansion in Clearlake. The amendment will increase the contract amount by $240,000.
Also on Tuesday, at 9:10 a.m. the board will present a proclamation appointing Casey Carney as Lake County Poet Laureate for the years 2014-2016.
The full agenda is below.
AGENDA ITEMS
7.1: Approve minutes from the Board of Supervisors meeting held on May 6, 2014.
7.2: Adopt proclamation appointing Casey Carney as Lake County Poet Laureate for the years 2014-2016.
7.3: Sitting as the Lake County Local Board of Equalization, accept change in assessment for Dorothy Moore (APN 043-282-050-000) for a change in the value of land from $100,000 to $50,000 and in the value of improvements/structures from $250,000 to $50,000, for a change in the total value from $350,000 to $100,000 for the 2011 tax year.
7.4: Sitting as the Lake County Local Board of Equalization, accept change in assessment for Peggy Chaves (APN 035-811-300-000) for a change in the value of land from $100,000 to $10,000 and in the value of improvements/structures from $120,000 to $100,000, for a change in the total value from $220,000 to $110,000 for the 2011 tax year.
7.5: Sitting as the Lake County Local Board of Equalization, accept change in assessment for Torborg Lundell (APN 050-591-130-000) for a change in the value of land from $35,000 to $10,000 and in the value of improvements/structures from $90,000 to $21,000, for a change in the total value from $125,000 to $31,000 for the 2011 tax year.
7.6: Report approve resolution amending Resolution No. 2013-95 to amend the adopted budget for FY 2013-14 by canceling obligated fund balance to make available for appropriation in budget units 4011- Public Health and 4012-Health Services Administration to re-roof health building and other building repairs, and authorize chair to sign.
7.7: Adopt resolution temporarily authorizing a road closure, prohibiting parking and authorizing removal of vehicles and ordering the Department of Public Works to post signs for Middletown Days (June 21, 2014 from 7 a.m. to 1 p.m. for portions of Barnes Street, Santa Clara Road, Central Park Road, Wardlaw Street, Young Street, Armstrong Street, Douglas Street, Callayomi Street, Bush Street and Hill Avenue).
7.8: Report approve letters to State Senator Evans and Assemblywoman Yamada supporting early repayment of Highway User Tax Account (HUTA) loans to the State General Fund and suggesting an alternative allocation of the early loan repayment proceeds and authorize the Chair to sign.
7.9: Agreement approve first amendment to agreement between the county of Lake and GLASS Architects for facility design for Behavioral Health Facility Expansion in Clearlake, an increase of $240,000 and authorize the chair to sign.
7.10: Approve cooperative law enforcement agreements between the county of Lake and the U.S. Forest Service Mendocino Forest, for the 2014 suppression of the manufacturing and trafficking of controlled substances in the Lake Pillsbury Basin and Mendocino National Forest (during deer season), total amount $43,707, and authorize the chair to sign.
7.11: Adopt resolution approving the Lake County Sheriff's Office to apply for the state of California, Department of Parks and Recreation Off-Highway Vehicle Grant Funds, total amount $75,792 (to start an Off-Highway Vehicle (OHV) enforcement program).
7.12: Approve agreement between the county of Lake and the Drug Enforcement Administration for 2014 marijuana eradication activities, total amount $200,000, and authorize the sheriff to sign the letter of agreement and the chair to sign the workplace certifications and grant assurances.
7.13: Approve lease agreement between the county of Lake and Gary Weiser and Shelley Weiser for FYs 2014-17, for office space at 4477 Moss Ave., Unit C, Clearlake, at a rate of $1,077.12 per month, and authorize the chair to sign.
7.14: Approve lease agreement between the county of Lake and Law Offices of Ewing and Associates for FY 2014-15 parking space at 995 South Main St., Lakeport, total amount $3,600 annually, and authorize the chair to sign.
9:10 a.m., 8.2: Presentation of proclamation appointing Casey Carney as Lake County Poet Laureate for the years 2014-2016.
9:30 a.m., 8.3: Hearing, nuisance abatement assessment confirmation and proposed recordation of notice of lien in the amount of $1,087.34, for 10445 Windjammer Court, Kelseyville, CA (APN 043-432-29 - John Stoddard).
9.2: Consideration of grant application(s) through Caltrans Active Transportation Program for projects including a trailway in Mount Konocti County Park and pedestrian improvements in Upper Lake.
9.3: Consideration of the safety, health and productivity effort and employee assistance programs for employees.
9.6: Advanced from May 13, consideration of proposed ordinance amending Chapter 3, Article IV of the Ordinance Code of the County of Lake regarding the Right to Farm Ordinance (second reading).
9.7: Consideration of request for permanent overnight authorization of a county vehicle for Solid Waste Supervisor Kris Bird.
9.8: Consideration of request to purchase six 2014 Ford Fusion sedans from Downtown Ford Sales of Sacramento.
10.2: Closed session – conference with legal counsel: Existing litigation pursuant to Gov. Code Section 54956.9(d)(1): Fowler and Ford v. county of Lake.
10.3: Closed session – public employee evaluation: Public Works and Water Resources Director Scott De Leon.
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Lakeport City Council to hold dock tour, consider speed zone study and calling for election
LAKEPORT, Calif. – This week the Lakeport City Council will tour the city's docks, consider the first introduction of a speed zone study ordinance and a resolution to call for the municipal election in November.
The council will meet beginning at 4:30 p.m. Tuesday, May 20, in the council chambers at Lakeport City Hall, 225 Park St.
The earlier meeting time is for the purpose of holding a walking tour of the Library Park docks. The council will leave the chambers to walk over to the docks at 4:30 p.m. and is expected to return to city hall at 5 p.m. The public is invited to attend any or all of the tour.
After it returns to City Hall, the council will hold a closed session for employee negotiations before the open portion of the meeting reconvenes.
During the meeting, Robinson Rancheria will present a check to support the city's annual July 4 fireworks display.
The council will then receive a presentation from Alan Flora and Jill Ruzicka of the county of Lake regarding the county's marketing program.
Under business items, council members will consider an application from bar owner Logan Weiper for a series of block parties and concerts with closure of Main Street on June 7, July 5, and Aug. 16.
City Engineer Scott Harter will introduce to the council a proposed speed zone study ordinance and set a public hearing for June 17 for its adoption.
The supplemental engineering and traffic study includes the area of the Mendocino College Lake Center in Parallel Drive, which had not been established during the 2011 study.
City Clerk Janel Chapman will present to the council a resolution calling for a general municipal election this November and requesting approval of the Lake County Board of Supervisors for election services to be provided by the county elections official.
Chapman also will present a lease for a new RicohMP C4503 copier/printer/scanner.
On the meeting's consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – are ordinances; the April 30 warrant register; minutes of the May 6 council meeting; approval of Application No. 2014-010 with staff comments for the Lake County Chamber of Commerce to hold the Memorial Day Parade on May 24, Oktoberfest on Oct. 4 and Holiday Lighted Parade on Nov. 29; deny the claim of Bill Kennedy on the advice of REMIF and the city attorney; receive and file annual report including police operation plan for fireworks; and approve the production agreement with Pyro Spectaculars in the amount of $16,500 for the annual fireworks production on July 4 and authorize the city manager to execute the agreement.
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052014 Lakeport City Counci Agenda Packet
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