Lake County Planning Commission to consider new medical marijuana cultivation ordinance
LAKEPORT, Calif. – The Lake County Planning Commission this week will hold a public hearing on a draft ordinance that would institute permanent regulations on the growing of medical marijuana.
The meeting will begin at 9 a.m. Thursday, Nov. 14, in the Board of Supervisors chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport.
At 9:05 a.m. the commission will hold a public hearing on the Clearlake Oaks County Water District's proposal to install a ground mount photovoltaic array at their wastewater treatment facility at 13705 Jensen Road. before taking up the marijuana cultivation ordinance at 9:15 a.m.
The 26-page proposed ordinance, which can be seen below, would institute permanent medical marijuana cultivation regulations in the unincorporated areas of the county, replacing a temporary ordinance that the Board of Supervisors approved in August 2012 and which remains in effect until next summer.
The new document quotes local law enforcement officials as reporting that marijuana cultivation in the county “has been increasing significantly with each growing season and is increasingly occurring in residential areas, in close proximity to residences, and on vacant, unsupervised and unsecured properties. During the last two years, Lake County has experienced a dramatic increase in citizen complaints regarding the odor, threats to public safety and other nuisances that unregulated Cultivation sites can create.”
The proposed guidelines seek to put new limits on where marijuana can be grown based on concerns about an increase in crimes associated with the plan, and impacts on neighbors – due to increased risk of crimes including burglary, trespassing, robbery and armed robbery – and the environment.
“Law enforcement officials have reported an increase in calls from reported respiratory problems and allergic reactions to marijuana plants,” according to the document, which also points to the lack of regulations on pesticides and fungicides because state law doesn't consider marijuana an agricultural crop.
The current temporary regulations allow for a maximum of six plants to be grown outdoors on a half acre or less, 12 plants with a 75-foot setback on parcels of half an acre to one acre, 18 plants and a 150-foot setback on parcels one to five acres in size, 36 plants and a minimum 150 foot setback on five- to 40-acre parcels, and a maximum of 48 plants on parcels 40 acres and larger. It also expressly prohibits grows on vacant parcels.
The new guidelines would continue to prohibit grows on vacant parcels. It would go further, prohibiting outdoor cultivation altogether within community growth boundaries, including not allowing for the use of greenhouses.
To find the community growth boundaries, visit http://www.co.lake.ca.us/Government/Directory/Community_Development/documents/2008FinGP.htm?PageMode=Print .
In addition, it would limit indoor cultivation to 100 square feet, with indoor lightning not to exceed 1,200 watts and to adhere to electrical codes.
Parcels larger than one acre located outside of community growth boundaries – whether cultivation is taking place outdoors or within greenhouses – cannot exceed six mature or 12 immature plants, “regardless of the number of qualified patients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation.”
However, medical marijuana collectives comprised of members who are all Lake County residents can cultivate up to 48 mature or 72 immature plants on minimum 20-acre parcels in an agricultural zoning district. The land must include the primary residence of at least one of the people for whom the marijuana is being grown.
In those cases where outdoor cultivation is allowed, the grows must be completely screened from public view and the views of adjacent parcels with a fully enclosed solid fence between 6 and 8 feet in height, with locked gates. Outdoor cultivation can't occur within 75 feet of any property line or within 150 feet of any off-site residence.
If such an agricultural property is rented or leased, the tenants must have written approval from the property owner, including the owner's notarized signature, allowing the tenant or lessee to cultivate medical marijuana at the site. A copy of the written approval shall be maintained by the tenant or lessee and made available for review by enforcement officials upon request, and those written approvals shall be renewed annually.
Other rules included in the draft document prohibit outdoor cultivation within 1,000 feet of any public or private elementary, middle or high school, developed park containing playground equipment, drug or alcohol rehabilitation facility, child care facility or nursery school, church or youth-oriented facility.
The new rules would prevent outdoor cultivation within 50 feet of any spring, top of the bank of any creek or seasonal stream, edge of lake, delineated wetland or vernal pool.
The document states that the primary responsibility for enforcement of the ordinance will fall to the sheriff and sworn officers of the Lake County Sheriff's Office. “All other county officials with authority to enforce the County Code shall also have the authority to enforce this ordinance.”
Violators charged with misdemeanors face a fine of $1,000 or by up to six months in jail, or both. If charged as infractions, fines will not exceed $100 on the first violation, $200 on the second violation within the first year and $500 for each additional violation within one year.
Administrative penalties for failure to abate nuisance grows range up to $1,000 per day, and would be imposed under an administrative process included in the proposed regulations.
Email Elizabeth Larson at
111413 Lake County Planning Commission - Proposed ordinance regarding marijuana cultivation.pdf
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Supervisors to discuss franchise hauler discussions, treasurer-tax collector appointment
LAKEPORT, Calif. – This week the Board of Supervisors will consider appointing two of its members to a team to negotiate with the county's franchise garbage haulers and once again take up a discussion of an appointment to the treasurer-tax collector's job.
The meeting will begin at 9 a.m. Tuesday, Nov. 12, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. It will be broadcast live on TV8.
At 9:50 a.m., the board will consider a request from Public Services Director Caroline Chavez to enter negotiations with franchise haulers and appoint board members Jeff Smith and Denise Rushing to the negotiating team.
Also on Tuesday, in an untimed discussion continued from three meetings in June and one in July, the board will discuss the appointment of a new treasurer-tax collector following Sandra Kacharos' resignation earlier this year.
The board also has a continued discussion scheduled for 9:15 a.m. regarding Mercy Air Services' plans to operate an air ambulance within Lake County. The supervisors have received a request to postpone the discussion.
The full agenda follows.
TIMED ITEMS
9 a.m., A-1 to A-4: Approval of consent agenda, which includes items that are expected to be routine and noncontroversial, and will be acted upon by the board at one time without discussion; presentation of animals available for adoption at Lake County Animal Care and Control; consideration of items not appearing on the posted agenda, and contract change orders for current construction projects.
9:05 a.m.: Citizen's input. Any person may speak for three minutes about any subject of concern, provided that it is within the jurisdiction of the Board of Supervisors and is not already on the agenda. Prior to this time, speakers must fill out a slip giving name, address and subject (available in the clerk of the board’s office, first floor, courthouse).
9:15 a.m., A-5: Consideration of proposed permit of Mercy Air Services to operate an air ambulance within Lake County. Continued from Oct. 15.
9:30 a.m., A-6: Hearings, nuisance Abatement Assessment confirmation and code enforcement proposed recordation of notice of lien: Salvador Diaz and Delfina Diaz - $1616.67 - 5542 Hilltop Drive, Kelseyville, CA (APN 008-701-260-000); Javier Gloria and Alejandra Gloria - $3,997.41 - 3035 Soda Bay Road, Kelseyville, CA (APN 008-025-010-000); Richard Sherwin and Dorinda Sherwin - $4,842.63 - 5555 Konocti Road, Kelseyville, CA (APN 008-053-420-000); Anthony Tucciarelli - $6,605.82 - 5845 East State Highway 20, Lucerne, CA (APN 034-421-280-000).
9:50 a.m., A-7: (a) Consideration of staff request for permission to enter negotiations with franchise haulers; and (b) consideration of staff request for appointment of board members to negotiating team.
10:05 a.m., A-8: Consideration of proposed bylaws of the CSA No. 2 Spring Valley Advisory Board.
1:30 p.m., A-9: Assessment appeal hearing: Michael Amendola - Application No. 289-2011 - 6120 Gold Dust Drive, Kelseyville, CA (APN 017-003-180-000); Renata Basso - Application No. 288-2011 - 10809 Witter Springs Road, Witter Springs, CA (APN 003-011-060-000); Jack Bond and Janet Bond - Application No. 308-2011 – 3336, Southlake Court, Kelseyville, CA (APN 044-272-200-000); Pamela Bullock - Application No. 286-2011 - 7965 Golf Drive, Kelseyville, CA (APN 044-532-110-000); Lyza Chavez - Application No. 377-2011 - 3412 Jackson Street, Clearlake, CA (APN 039-496-030-000); Clear Lake Riviera Community Association - Application Nos. 484-2011 and 485-2011 - 9366 Paloos Court and 4839 Iroquois Trail, Kelseyville, CA (APNs 430-112-300-000 and 043-674-080-000); Fontenot Builders Inc. - Application No. 275-2011 - 17323 Greenridge Road, Hidden Valley Lake, CA (APN 142-201-110-000); Tamara Fontenot - Application No. 276-2011 - 17329 Greenridge Road, Hidden Valley Lake, CA (APN 142-182-210-000); Asif Ghias - Application No. 291-2011 - 12626 Shoreview Drive, Clearlake Oaks, CA (APN 035-711-130-000); Sam LaMonica - Application No. 297-2011 - 1150 North Brush Street, Lakeport, CA (APN 026-233-160-000); Jack King - Application No. 292-2011 - 3945 Main Street, Kelseyville, CA (APN 024-125-090-000); James Oliver - Application No. 334-2011 - 2775 Eastlake Drive, Kelseyville, CA (APN 044-211-140-000); RBC Real Estate Finance, Inc. - Application Nos. 463-2011 through 468-2011 - 4851 Cascade Way, 9931 Fairway Drive, 10204 Del Monte Way, 9972 El Dorado Way, 5611 Ponca Way, 9719 Tenaya Way, Kelseyville, CA (APNs 043-683-080-000, 043-573-030-000, 043-603-160-000, 043-722-060-000, 430-102-010-000 and 043-732-060-000); Michael Rizzio - Application No. 277-2011 - 20 Rocky Point Road, Lakeport, CA (APN 029-242-100-000); Creston Rudolph - Application No. 373-2011 - 17845 Diamond Ridge Road, Lower Lake, CA (APN 122-211-040-000); SA California Group Inc. - Application Nos. 386-2011 through 422-2011 - 210, 270, 390, 395, 405 & 410 Island View Drive, 230, 250, 255, 265, 280, 285, 290, 300, 310, 315, 320, 325, 330, 340, 345, 350, 360, 365, 370, 380, 390, 395, 400 & 405 Lakeview Drive, 4120, 4125, 4150 & 4155 Limbaugh Street, 4150 & 4155 Herschel Street and 4150 Roger Street - (APNs 029-181-590-000, 029-181-550-000, 029-181-430-000, 029-181-660-000, 029-181-630-000, 029-181-400-000, 029-201-130-000, 029-201-150-000, 029-202-290-000, 029-202-220-000, 029-201-160-000, 029-202-280-000, 029-201-170-000, 029-201-180-000, 029-201-030-000, 029-202-260-000, 029-201-040-000, 029-202-230-000, 029-201-050-000, 029-201-060-000, 029-202-310-000, 029-201-070-000, 029-201-080-000, 029-202-270-000, 029-201-090-000, 029-201-100-000, 029-201-110-000, 029-202-240-000, 029-201-120-000, 029-202-250-000, 029-181-650-000, 029-181-640-000, 029-181-420-000, 029-181-410-000, 029-181-460-000, 029-181-450-000 and 029-181-540-000) Benjamin Schafer and Diana Schafer - Application No. 435-2011 - 11918 Old Spruce Grove Road, Lower Lake, CA (APN 049-251-020-000); Donna Schwartz - Application No. 476-2011 - 20492 Powder Horn Road, Hidden Valley Lake, CA (APN 141-592-070-000); Dr. Ian Van Zyl - Application Nos. 313-2011 through 315 - 2011 - 21038 and 21048 Calistoga Street, Middletown and 9633 Drebach Lane, Cobb, CA (APNs 024-365-080-000, 024-365-020-000 and 051-263-120-000); Christopher Weston - Application No. 482-2011 - 3007 Buckingham Drive, Kelseyville, CA (APN 044-392-100-000).
NONTIMED ITEMS
A-10: Supervisors’ weekly calendar, travel and reports.
A-11: Consideration of appointments to the following: In Home Support Services (IHSS) Public Authority Advisory Committee.
A-12: Consideration of appointment of treasurer-tax collector; continued from June 4, 11, 18 and July 9.
A-13: Consideration of proposed ordinance establishing a fee schedule for and other drug services driving-under-the-influence programs (second reading). Advanced from Oct. 22 and Nov. 5.
A-14: Consideration of proposed agreement between the county of Lake and Alpha Omega Wireless for microwave wide area network connectivity services.
A-15: Consideration of proposed ordinance amending Chapter 2 of the Lake County Code Changing Library Hours (second reading). Advanced from Nov. 5, 2013.
A-16: (a) Consideration of request to approve purchase of three vehicles utilizing the state vehicle purchase contract: One 2014 Ford F-250 4x4 Crew Cab Pickup, and two 2014 Ford F150 Supercab pickups, to replace vehicles used by the Narcotics Task Force, Marine Patrol and Enforcement; and (b) consideration of request to authorize sheriff/assistant purchasing agent to issue purchase order, total amount of $82,095.66, to Downtown Ford. Carried over from Sept. 17, Oct. 22 and Nov. 5.
A-17: (a) Consideration of request to approve purchase of 10 vehicles utilizing the state vehicle purchase contract: Four 2014 Ford Sedan Police Interceptor AWD Base (unmarked vehicles) and six (6) 2014 Ford Sedan Police Interceptor AWD Base for Enforcement; and (b) consideration of request to authorize sheriff/assistant purchasing agent to issue purchase order, total amount of $229,529.88, to Downtown Ford. Carried over from Nov. 5.
CLOSED SESSION
A-18: 1. Conference with labor negotiator: (a) county negotiators: A. Grant, L. Guintivano, S. Harry, M. Perry, A. Flora and C. Shaver; and (b) employee organization: Deputy District Attorney's Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officers Association, Lake County Employees Association and Lake County Safety Employees Association.
A-18: 2. Conference with real property negotiator, (a) property located at: 3980 Gard St., Kelseyville (APN 024-081-01); (b) negotiating parties for county: Supervisor Rob Brown, Child Support Services Director Gail Woodworth, County Administrative Officer Matt Perry and Deputy County Administrative Officer Alan Flora; for seller, Kelseyville Unified School District representatives; (c) under negotiation, lease terms.
A-18: 3. Conference with legal counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9(d)(1): California Public Utilities Commission (CPUC) (CalWater) Application 12-07-007.
A-18: 4. Conference with legal counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9(d)(1): 45 Tort Claims: Lakeside Heights
A-18: 5. Conference with legal counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9, subd. (d)(1) - LACOSAN v. Choy.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on Nov. 5, 2013.
C-2: Approve agreement between the county of Lake and Modesto Residential Living Center for final payment of FY 2012-13 services, in the amount of $7,500, and authorize the chair to sign.
C-3: Approve Lakeport Main Street’s facility use permit for the tree lighting ceremony to allow for the consumption of alcoholic beverages at Courthouse Square (255 North Main Street, Lakeport).
C-4: Authorize the Social Services director to complete the following actions (as previously authorized by Resolution 2013-90): (a) open an escrow account; and (b) execute all documents to complete the sales transaction of 4855 Heidi Way, Kelseyville, including the purchase agreement.
C-5: Adopt Resolution authorizing cancellation of Upper Lake Lighting District, Revitalization Reserve Designation in the amount of $3,500 to provide funds for maintenance of light facilities.
LAKE COUNTY LOCAL BOARD OF EQUALIZATION
C-6: (a) Accept stipulation change in assessment for Granite Construction (APN 007-003-750-000) for a change in the value of the land from $188,766 to $90,000 and improvements from $6781 to $0, for a change in the total value from $195,547 to $90,000, for the 2011 tax year; and (b) accept stipulation change in assessment for Granite Construction (APN 007-003-750-000) for a change in the value of land from $187,356 to $120,000 and improvements from $6731 to $0, for a change in the total value from $194,087 to $120,000, for the 2010 tax year.
Email Elizabeth Larson at
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Clearlake City Council consensus building workshop gives rise to arguments, disagreements
CLEARLAKE, Calif. – A special Thursday evening workshop meant to help Clearlake City Council members work out personal differences ended up highlighting the animosity that has built up amongst them over the last several months.
The meeting was intended to move the council past personal conflicts and provide tools for effective communication, with a volunteer facilitator experienced in working in city government assisting with the effort.
However, Councilmember Jeri Spittler repeatedly turned the discussion to herself and the harassment she claims she has been enduring from her council colleagues since she was removed as mayor in August.
The nearly two-hour-long meeting began with what appeared to be progress under the facilitation of Kelseyville resident Steve Brookes, who was the city of Lakeport's attorney for 30 years, and who volunteered to assist the council.
Brookes began with a series of seven questions related to the ideals and responsibilities of city council members.
Singular word responses by the council members were, at times, diverse but, more often than not, similar.
“I think that this exercise shows you do have a lot in common,” Brookes said. “My recommendation would be start fresh .... and move forward from here. Check your egos at the door and learn to listen.”
Throughout the exercise Brookes stressed the importance of maintaining good listening skills to accomplish effective communication.
He said body language and tone are equally important and that interrupting another speaker should be avoided.
Despite the hour Brookes spent stressing these points, Spittler retained a scowl on her face, continuously rolled her eyes and, on several occasions, interrupted other speakers.
“I think we are beating around a big bush. We could address the real issues here. Stop pretending,” she said. “It's called civil harassment and I am about up to here with it.”
Spittler claims to be receiving “harassing” emails from another member of the council, including one she said offered a resource to teach her how to read during a time, she said, Mandy “Fender (sic)” was writing about her in the Lake County Record-Bee.
Mayor Joyce Overton told her the issue was indeed “civil” and outside the jurisdiction and responsibilities of the council.
Spittler, ignoring Overton's attempts to redirect the discussion toward positive progression, continued, “We are sitting at this table because I was unseated (as mayor).”
Spittler claimed the action was a result of the opposing stance she maintained in regard to Measure H – the recently failed sales tax measure that was to fund road improvements and code enforcement.
That insinuation was met with shaking heads by other members of the council, who said they made their decision to remove her from the mayor's seat based on disrespect and inappropriate behavior.
Councilmember Joey Luiz posed a question to Brookes about the proper action that should be taken when one member of the council undermines a decision made by the body.
Spittler immediately interrupted him and asked that he specify the incident to which he was referring.
Luiz said he was intentionally being vague as to adhere to the standards established when scheduling of the workshop was previously discussed.
When the council had considered scheduling the workshop at its Oct. 10 meeting, Spittler expressed concern for the event becoming “another roasting of Jeri Spittler.”
Consensus among the council was that the workshop would be conducted without the “pointing of fingers” and that focus was to be maintained in providing a means to move forward with the business of the city.
Luiz, and later Overton, said the standards were not being followed by the person who had expressed the greatest concern for them.
In response to Luiz's question, Brookes said if a council member has concern about a decision, he or she should request the issue be placed on a council agenda for further discussion. If the request fails to get a second, discussion is then complete.
Luiz also asked about procedures for communicating with staff and what should be done if a council member is unable to do so effectively.
Brookes said it is imperative that council members learn how to communicate with city staff and that protocol, policy and the chain of command are designed to assist in the process.
He said staff and other council members should not be “blindsided,” calling such behavior “unnecessary” and “mean-spirited.”
Overton and Vice Mayor Denise Loustalot also offered suggestions.
Overton said that in her experience on the council, she learned that she could effectively communicate with people she had differences with by simply informing them that she would be addressing a certain issue in public session. This, she said, allowed them the opportunity to be prepared.
Loustalot recommended establishing a liaison with another member of the council or city staff and work cooperatively through them.
At one point, Spittler suggested she could work with “anybody,” including a member of the audience, Estelle Creel.
Last year Spittler got a restraining order against Creel, citing escalating harassment and an incident in which Creel let a stray dog loose in Spittler's hair salon.
In response to Spittler's comments, Creel replied from the audience, “The **** you can,” later questioning Spittler about the restraining order.
In an attempt to regain direction of the discussion, Councilmember Gina Fortino Dickson, who has experience in facilitation and mediation, offered her insight.
Fortino Dickson said the only people each of them can change are themselves. She said it is her responsibility to find within herself the skills needed to effectively accomplish the obligations of the position she holds. She asked that her fellow council members find it within themselves to do the same.
“We can only change ourselves,” Fortino Dickson said. “We are never going to agree, totally, and we may never be 'friends.' We need to drop it and move forward. If we can drop it, that is going to give us the best result here.”
Fortino Dickson then turned to Spittler and offered an apology for the way in which she had, at a previous meeting, received an apology from Spittler that she had felt was insincere.
After the two embraced, Overton asked Spittler if there was anything she would like to say.
Spittler replied, “I'm not allowed to talk,” and quickly followed with a remark stating Overton had a need to run everything.
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Supervisors commemorate Retired Teachers Week

LAKEPORT, Calif. – At its meeting this past Tuesday, the Lake County Board of Supervisors issued a proclamation recognizing the week of Nov. 3 through 9 as Retired Teachers Week.
Several members of Lake County Division 35 of the California Retired Teachers Association were in attendance as Supervisor Anthony Farrington presented the proclamation.
The proclamation highlighted the role retired teachers continue to play in our communities and the thousands of hours they volunteer to support programs and activities benefiting youth and adults.
Following the formal presentation, each of the five supervisors spoke about their own school experiences and teachers who made a difference in their lives.
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New version of lake sales tax proposal offers expenditure plan with greater detail, project focus
LAKEPORT, Calif. – County officials are continuing to refine a plan for a proposed sales tax measure to generate funds to protect and improve Clear Lake and its watershed.
The half-percent “Lake County Clear Lake Programs Transactions and Use Tax Ordinance” – or “Healthy Lake Ordinance” for short – is anticipated to appear on the June 2014 ballot.
If passed, it would generate an estimated $2.4 million annually.
It's similar to Measure E, which failed at the polls by a few percentage points in November 2012.
A group of community members has been working on refining and improving the latest incarnation of the plan, giving it more specifics and addressing concerns of those who opposed it previously, according to Lake County Water Resources Director Scott De Leon.
After Supervisor Anthony Farrington took the proposal to the Board of Supervisors this past summer, De Leon put together the working group, which he said is a cross section of community members with various interests related to the lake and the county's water resources.
De Leon said he also looked to add to the group people who were critical of Measure E so the group could sit down, talk about their concerns and find solutions.
“We've tried to involve a lot of different people,” De Leon said.
Among those who De Leon said were involved were Lakeport City Councilman Martin Scheel, Lake County Chamber Chief Executive Officer Melissa Fulton, Big Valley Rancheria Environmental Director Sarah Ryan, Scott Knickmeyer of the Lake County Association of Realtors, Chi Council member Victoria Brandon and Lake County Farm Bureau Executive Director Claudia Street.
Individuals including Clearlake Oaks businessman Chuck Lamb and Dr. Harry Lyons of Yuba College also gave feedback on the plan, said De Leon.
The goal, he said, was to get a wide variety of perspectives and work on the concerns people had about the proposal, and the group – with a broad range of interests and political viewpoints – has been extremely important in that process, and has helped focus in on addressing the criticism.
“Really, what it's boiled down to is this expenditure plan,” said De Leon.
Measure E's plan had included percentages for how much of the sales tax funds would be spent. De Leon said the new plan removed those percentages, and instead builds estimates on a program-specific basis.
The previous plan, he said, also was more vague on water quality monitoring, focusing instead on weeds, algae and invasive species.
However, with requirements for total maximum daily load and storm water permits becoming more onerous – with the potential for large fines for the county for noncompliance – the new expenditure plan is paying more attention to those issues, he said.
“There's a lot more at stake now with respect to water quality and monitoring than there was two years ago,” De Leon said.
De Leon said he hasn't yet done expenditure plans for the second or third years if the ordinance were to become law.
If voters approve the new lake measure, the expenditure plan would be updated each spring – before the fiscal year budget is approved – to address both short- and long-term needs and projects, he said.
Ultimately, the Board of Supervisors would approve the annual expenditure plans, but public hearings would be held to offer everyone the opportunity to weigh in on how the funds should be spent in the coming year, De Leon explained.
Board discusses draft expenditure plan
On Tuesday, De Leon presented to the Board of Supervisors the draft first year spending plan for the sales tax measure, which the board had asked him to bring back at the end of a special workshop on the ordinance held during the Board of Supervisors' Oct. 22 meeting.
In the proposed plan he offered Tuesday, De Leon laid out the estimated costs to get the program started.
“I hope that we're closing in on something that we'll be able to bring to your board,” De Leon said.
He said the proposal needed to be ready by December in order for the board to approve it and for it to get the necessary approvals at the state level.
“This is a draft,” said De Leon. “This is a starting point for discussion.”
The proposal includes $275,000 for a water quality monitoring program with three separate components. De Leon's breakdown includes $100,000 for stream monitoring, $145,000 for lake monitoring for nutrients and cyanobacteria toxins and $30,000 for lake sediment monitoring.
“These are programs that we are currently not funding,” he said.
De Leon said his department currently spends about $275,000 annually on weed abatement. In the expenditure plan, he increases that amount to $350,000 annually.
The plan’s big ticket item is the quagga mussel prevention program, which De Leon estimated to cost $1 million in the first year.
That cost would cover the development of mechanical ramp controls at half the 11 public access ramps around county, with the remaining ramps to be modified in year two, he said. De Leon estimated that it could cost as much as $200,000 per ramp to implement such mechanical controls.
He told Lake County News in a followup interview that if it costs $100,000 per ramp, they could tackle more of the ramps up front. Mechanization has high initial capital outlay, but annual expenditures go down over time, he said, and it's less expensive than having staffers assigned to locations.
Other projects in De Leon's expenditure plan include water quality projects. It budgets $100,000 for the Clear Lake Keys, which would cover a property purchase to create a wetland adjacent to the Keys' east canal, with the outfall of the large drainage ditch adjacent to the highway to be rerouted from the canal to this new wetland.
A Burns Valley Creek project, budgeted at $250,000, would fund dredging at the mouth of the creek to remove buildup of sediment that presents not just a navigation hazard for boats but, according to De Leon's draft expenditure plan, is believed to contribute to the poor water conditions in the cove to the north. Removal of the sediment, the plan states, will reduce nutrients in the lake as well as promote water currents.
De Leon told the board that he's tried to get grants for these projects but hasn't succeeded so far. He said relying on grants isn’t effective, as they're very difficult to obtain and often require large matches.
Another expenditure covered in the plan is $25,000 for algae abatement, including providing additional floating boom materials for placement around the lake to protect the shoreline from nuisance algae. De Leon's plans said Water Resources staff time will be covered with existing department revenue.
He also includes $400,000 annually for the Middle Creek Marsh Restoration Project, which proposes to flood 1,650 acres of land near Upper Lake. De Leon said those funds would be placed in contingency to cover future matching funds needed for the project.
De Leon and board members agreed that they would like to see all county creeks studied. Supervisors Jeff Smith and Denise Rushing also noted a potential wetland project next to Schindler Creek in Clearlake Oaks.
Paula Britton, Habematolel Pomo's environmental director, said she felt De Leon was headed the right direction with the proposed projects.
She noted that the Habematolel tribe already is sharing information with the county based on its monitoring, and she suggested that there should be a standardized format for that information. Britton said there was a huge capacity for collaboration.
She also asked if they were doing full scale panels for pesticides in the streams. De Leon said the monitoring activities could be expanded to track pesticides; for now, it was based on water quality parameters.
Britton said she has collected data on 27 sites in four years, and has those panels on some of them. She encouraged the county to work with the tribes.
Sarah Ryan said De Leon's proposal was excellent, and it was what a water quality program should look like. “I think it's great.”
She asked about the sediment monitoring, and what the county would be looking for and why.
De Leon said he wished Tom Smythe, his longtime water engineer, was there to give the precise examples for the sediment monitoring. However, he went on to explain that the county works with the California Department of Water Resources on monitoring sediment, which has a large nutrient bank.
The county used to get monthly samples from the state, which has since reduced that number to about six a year if conditions allow. To have an adequate study, De Leon said they need more data points over a longer period of time. Ryan agreed, noting there are seasonal and annual variations in conditions.
She asked if, as part of monitoring stream flow, the county planned to install gauges. De Leon said yes. Ryan said she welcomed the information that monitoring would bring, as she believes the state hasn't calculated creek water use and, as a result, the water from the creeks is overappropriated.
Finley resident Phil Murphy, noting that the $1 million for the quagga program appeared to be the startup cost and not the ongoing cost, wanted to know how much would be devoted to that program in the future. De Leon said he didn't have estimates for ongoing costs, but suggested they would be “significantly less” than $1 million.
Murphy said someone must be doing something similar and they should be able to get those numbers. He also questioned hiring an outside consultant with no familiarity of the area to study where to locate sediment ponds when Water Resources had someone like Smythe who could do the project. De Leon said it was something they could possibly do in house.
“I think it's a very sensible plan,” said Victoria Brandon, adding it will work and make a tremendous difference.
Brandon said she was glad to see so much money is proposed for quagga prevention, because if the mussels get into the lake, Clear Lake will never be put back in a healthy state.
She said the current prevention program isn't adequate.
“This is a good look at year one. I feel like the balance is right,” said Rushing.
What's next
De Leon and County Counsel Anita Grant next are set to go over the proposal's details.
He told Lake County News that he's planning to return to the board with a final draft of the proposed ordinance for a first reading on Tuesday, Nov. 19, clearing the way for a possible second reading and acceptance vote on Tuesday, Dec. 3.
De Leon said the timeline has been guided by county Registrar of Voters Diane Fridley, who has advised him that the final draft ordinance accepted by the board must go to the California Board of Equalization for review the first week of December.
If the state review goes well, next February there would be a resolution calling for an election, with the ordinance in its final form – vetted both locally and by the state – going back to the board the first Tuesday in February.
As long as the measure stays on track, it should appear before the county's voters on June 3, 2014.
Email Elizabeth Larson at
Lake sales tax draft expenditure plan
2014 Lake County Healthy Lake Sales Tax Proposal
- Details
- Written by: Elizabeth Larson
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