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Council approves marijuana cultivation ordinance, new fiscal year budget
LAKEPORT, Calif. – The Lakeport City Council approved a new marijuana cultivation ordinance and the city's 2013-14 fiscal year budget after brief discussions at Tuesday night's regular meeting.
Both items had been before the council previously in recent weeks, with the council approving the marijuana cultivation ordinance's first reading May 21 and conducting a workshop on the budget two weeks ago.
The ordinance requires that marijuana grows be conducted in accessory outdoor structures, prohibiting outside grows and, according to city officials, placing emphasis on a complaint-driven process in which acts of noncompliance are infractions that garner citations and are handled through the city's administrative citation process.
At the May 21 meeting, city officials also indicated that a public education process about the ordinance's rules will be undertaken before any serious enforcement goes forward.
In February a different proposed ordinance went to the council, which decided to create a committee of city staff and community members to bring something back that would seek to more broadly address community needs and concerns, as Lake County News has reported.
The document the committee created went to the Lakeport Planning Commission and received its recommendation that the council approve it before the first reading was held late last month.
On Tuesday night, there was only public comment from city resident Bob Bridges.
“I support what you're doing and I support staff's draft,” Bridges said.
He said he was there to respond to “erroneous” comments by a local attorney about what the city could and couldn't do.
Bridges was alluding to Lower Lake attorney Ron Green, who had participated in the city's marijuana committee meetings but then appeared at the May 21 council meeting on behalf of the Emerald Unity Coalition, criticizing the document and warning the council that it could be sued over the ordinance. Green was not present for Tuesday night's meeting.
Bridges, who is a senior deputy county counsel for Lake County, said he's spent a lot of time studying marijuana law.
“I just want to make sure the city council knows that the California Supreme Court has told you that you have complete discretion on land use matters on this,” he said, referring to a recent court decision that upheld local governments' ability to regulate medical marijuana through zoning laws.
As such, Bridges maintained that the city's proposed ordinance is “totally legal and viable.”
Bridges said the city needs an effective law that is enforced. He added that if anyone thinks more marijuana growing is needed locally, they should consider the estimated 10,000 sites where grows legally can take place in the county jurisdiction. Growing in an urban environment like Lakeport isn't appropriate, he added.
Councilman Kenny Parlet moved to approve the ordinance, with Councilman Martin Scheel seconding. The council's vote was 5-0.
Mayor Tom Engstrom thanked everyone who had worked on creating the document, including the committee. “We appreciate all the hard work you put in.”
The meeting's other main item, the 2013-14 budget, also was approved unanimously.
The new budget has $14.42 million in revenue, $16.72 million in total expenditures and a $3.4 million appropriations, or Gann, limit, according to city documents.
In other business, the council held a public hearing and approved City Manager Margaret Silveira's report to close out a Community Development Block Grant which the city had applied for in order to grant small business loans.
While many businesses were interested, the rules were so restrictive that the city was not able to make any loans, and so $270,000 in unused funds is returning to the state, Silveira said.
“This is happening to many, many cities,” said Silveira.
She reported that a roundtable on CDBG funds is scheduled on Wednesday for representatives from cities from around the state who are expected to weigh in on how the program should be changed.
The city council also approved a first reading of a draft ordinance to establish new mobile catering rules in the city.
Planning Services Manager Andrew Britton said the council in February directed staff to draft an ordinance after considering a report from an ad hoc committee on handling commercial catering businesses.
The document suggested allowing such businesses to stay at a single location for two hours at a time rather than one hour, with a permitting process with $206 in fees for those businesses seeking to stay in a spot longer than two hours at a time, Britton said.
He explained that, among other things, the document is meant to create rules to allow such businesses to operate while protecting permanent restaurants that have invested heavily in their locations, and to reduce the potential for unfair business advantage.
The rules include requiring that equipment be in good condition and the associated vehicles licensed with the California Department of Motor Vehicles; prohibiting portable and freestanding signs; and a requirement that no furniture associated with such businesses be located within the public right of way.
Parlet said he was totally in support of street vendors, but said that vendors whose equipment and vehicles are haphazard can detract from the look of the city.
The council also unanimously approved a $5,412 proposed contract between the city and the county of Lake for a server upgrade for the Lakeport Police Department.
Police Chief Brad Rasmussen said the server would be managed by the Lake County Information Technology Department, with the upgrade paid for through Proposition 172 public safety funds.
The council also approved Utilities Director Mark Brannigan's proposal to raise the commercial sewer consumption allotment from eight to 10 units as part of an effort to encourage businesses to invest in irrigation meters.
Mayor Pro Team Stacey Mattina recused herself from the discussion because she has a commercial account that would be affected by the change.
A scheduled discussion on whether to allow Zumba instructor Melissa Maberry to conduct classes at the gazebo in Library Park four nights a week was held over to a future meeting as Maberry was unavailable and could not be present Tuesday night.
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County officials say landfill rates set to go up
LAKE COUNTY, Calif. – Gate fees at the county's landfill are set to go up next month, county officials said this week.
Pursuant to a multiyear fee schedule adopted in 2011 by the Board of Supervisors, gate fees at the Eastlake Landfill in Clearlake will increase starting Monday, July 1, to offset the costs of landfill operations and increasing and costly compliance regulations, Lake County Public Services reported.
The tonnage rates will go up 6 percent, from $45.50/ton to $48.22/ton. Volume rates for loads up to 5 cubic yards will go up from $6.50/cubic yard to $6.85/cubic yard, the county said.
The minimum gate fee will remain at $5, and prices will not change for individual materials such as couches ($10), mattresses ($10-15 depending on size), and 30-gallon bags or cans ($2.00 each), according to the report.
Even with the approved increase, officials said the Eastlake Landfill will have considerably lower rates than surrounding landfills which charge tipping fees in the $60-75/ton range.
Landfill rates will be passed through by the franchise haulers to their curbside residential and commercial customers, Public Services reported.
Beginning July 1, residential customers can expect to see a slight increase to pass through the new landfill increase on their billing statement about $.50 a month or $1.50 a quarter for a standard 32-gallon service in the unincorporated areas, the county said.
Commercial customers will see about $14.00 monthly increase for a 4-cubic yard bin picked up weekly for the pass-though cost of new landfill increase. Public services said customers' total charges depend on the location, size and frequency of service.
The transfer station operated by Lake County Waste Solutions in Lakeport also will pass through the landfill increases, county officials said
Lakeport transfer station rates
Tonnage rate: $57.40/ton
Volume rate: $7.75/cubic yard
Mattresses/couches: $10.85 each
30-gallon cans/bags: $1.75 each
55-gallon cans: $3.60 each
Minimum fee: $5.95
New rate sheets are being distributed to customers at the Eastlake Landfill. For more information on curbside rates, contact your franchise hauler.
More information on county franchise haulers, programs and recycling opportunities can be found on the county’s recycling Web site at www.recycling.co.lake.ca.us .
For more information on landfill rates, please contact Caroline Chavez at the Public Services Department at 707-262-1760.
Supervisors to discuss new fiscal year budget, treasurer-tax collector appointment
LAKEPORT, Calif. – It’s budget time again, and this week the Board of Supervisors will hold a discussion of the recommended budget for the coming fiscal year and also continue consideration of an appointment to the treasurer-tax collector job.
The meeting will begin at 9 a.m. Tuesday, June 18, 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.
In an item timed for 9:46 a.m., the board will consider the Fiscal Year 2013-14 Recommended Budget as well as a proposed resolution establishing FY 2013-14 position allocations to conform to the recommended budget. They also will consider requests for authorization to purchase capital assets and fill positions prior to final adoption of the budget.
In an untimed item, the board will hold its third discussion of an appointment to the treasurer-tax collector job.
The board is looking to appoint a successor to Sandra Shaul, who this spring took a job in Marin County. It’s an elected position but the board can appoint a replacement until the job next comes on the ballot, which is in November 2014.
In other untimed items, the board will consider applying to the United States Army Donations Program for a helicopter to be placed at the Kelseyville County Park and will discuss a proposed memorandum of understanding between the Judicial Council of California, Administrative Office of the Courts, and the county of Lake for a temporary addition to the court exclusive-use area at the South Civic Center Courthouse.
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: Public hearing, (a) consideration of the proposed FY 2013-14 Lake County Air Quality Management District Budget and request for board direction on various policy issues; and (b) consideration of proposed resolution transferring funds into Fund #299 Budget #8799 Building Reserve, Vehicle Reserve, and Air Monitoring Equip/Station Reserve.
9:20 a.m., A-6: (a) Consideration of proposed HUD-50077-CR Civil Rights Commission Certification Form (PHA Certification of Conformity with Civil Rights Act); and (b) consideration of proposed Resolution granting authority convenes as the Lake to the Executive Director of the Lake County Housing Commission County Housing Commission over all aspects of the Successor Redevelopment Agency (c) Board of Directors) Consideration of proposed revisions to Lake County Housing
Commission FY 2012/13 Budget; and (d) Consideration of proposed Lake County Housing Commission FY 2013/14 Budget.
9:40 a.m., A-7: Presentation of Final CDBG Grantee Performance Report for Grant #09-EDEF-6539 for Business Loans, Microenterprise Technical Assistance and Facade Improvement Loans.
9:45 a.m., A-8: Continued from Nov. 8, Dec. 13, 2011, Aug. 21 and 28, and Sept. 11, 2012, and April 9 and 23 and May 14, 2013: public hearing, consideration of proposed ordinance adding Article Seven to Chapter Seven of the Lake County Code to provide support for Public, Educational and Governmental (PEG) Cable Television Access Facilities. (THIS ITEM WILL NOT BE TAKEN UP AT THIS MEETING. IT WILL BE CARRIED OVER TO AUG. 6, 2 013, AT 9:15 A.M.)
9:46 A.M., A-9: (a) Consideration of Fiscal Year 2013-14 Recommended Budget; (b) Consideration of proposed resolution establishing FY 2013-14 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.
10 a.m., A-10: Assessment appeal hearings: Peggy Chaves – Application No. 331-2010 - 13365 Ebbtide Village, Clearlake Oaks, CA (APN 035-811-300-000); Vicki Newberry – Application No. 325-2010 - 4340 Lakeshore Blvd., Lakeport, CA (APN 029-331-020-000).
NONTIMED ITEMS
A-11: Supervisors’ weekly calendar, travel and reports.
A-12: Continued from June 4 and 11. Consideration of appointment of treasurer-tax collector.
A-13 Supervisor Rushing Consideration of proposed letters to Senators Steinberg and Leno regarding SB 439 relating to medical marijuana cooperatives, collectives and business entities.
A-14: (a) Consideration of proposed resolution establishing salaries and fringe benefits for management employees for Fiscal Year 2013-14; (b) consideration of proposed resolution establishing salaries and fringe benefits for confidential unit, Section A, for Fiscal Year 2013-14; (c) consideration of proposed resolution establishing salaries and fringe benefits for confidential unit, Section B, for Fiscal Year 2013-14; and (d) consideration of proposed resolution adopting a memorandum of understanding by and between the Lake County Deputy District Attorney’s Association, Unit 8 and the County of Lake for Fiscal Years 2013-14 and 2014-15.
A-15: (a) Consideration of proposed letter of thanks to the Napa County Sheriff’s Department for its mutual aid response; and (b) consideration of proposed letters of thanks to the many agencies
involved in the search for Mikaela Lynch.
A-16: Consideration of application to United States Army Donations Program for a helicopter to be placed at the Kelseyville County Park.
A-17: Consideration of proposed memorandum of understanding between the Judicial Council of California, Administrative Office of the Courts, and the county of Lake for a temporary addition to the Court exclusive-use area at the South Civic Center Courthouse (AOC #17-B1).
A-18: Consideration of proposed street racing event on a portion of Bartlett Springs Road, Lucerne, CA on July 20, 2013, requiring road closure and sign posting.
A-19: Consideration of request to amend policy restricting purchase of bottled water for county offices.
A-20: Consideration of proposed cancellation of reserves for the renovation of the Narcotic’s Task Force facility.
A-21: Consideration of fourth amendment to the agreement between the county of Lake and the Regents of the University of California for sediment sampling in Clear Lake.
CLOSED SESSION
A-22. 1.Conference with labor negotiator: (a) county negotiators: A. Grant, L. Guintivano, S. Harry, M. Perry, A. Flora and C. Shaver; and (b) employee organizations: Deputy District Attorney's Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officers Association, Lake County Employees Association and Lake County Safety Employees Association.
A-22: 2. Public employee performance evaluation: County Administrative Officer Matt Perry.
A-22: 3. Conference with real property negotiator: (a) Property located at: 3980 Gard Street, 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-22: 4. Conference with legal counsel: Existing Litigation pursuant to Gov. Code Sec. 54956.9(d)(1): California Public Utilities Commission (CPUC) (CalWater).
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on June 11, 2013.
C-2: (a) Award Bid No. 13-10 to Westgate Petroleum and authorize chair to sign bid award; and (b) approve five-year agreement between the county of Lake and Westgate Petroleum for supply of propane fuel (at $0.22 price differential over the weekly San Francisco (BPN)), and authorize the chair to sign.
C-3: Adopt Resolution increasing the change fund for the Department of Animal Care & Control (an increase to $50 total).
C-4: (a) Waive the formal bidding procedure, due to the unique nature of the goods and services to be provided; (b) authorize the Public Works director/assistant purchasing agent to issue a purchase order (payment to be made in FY 2013-14) to EZ-Liner Industries, in the amount of $225,000, for the purchase and reconditioning of one 2010 Mitsubishi Fuso FM330 truck.
C-5: Approve plans and specifications for exercise yard enclosures at the Lake County Main Jail, and authorize the Public Works Director/Asst. Purchasing Agent to advertise for bids.
C-6: Approve plans and specifications for Chippewa South Pavement Rehabilitation in Lake County, and authorize the Public Works director/assistant purchasing agent to advertise for bids.
C-7: (a) Approve grant deed and direct clerk to certify for recordation (a portion of APN 013-028-54 - James Bolander, Jr. and Carolyn Bolander), and (b) approve purchase agreement between the county
of Lake and James Bolander Jr. and Carolyn Bolander for the St. Helena Creek Bridge Project, and authorize the chair to sign agreement.
C-8: (a) Approve grant deed and direct clerk to certify for recordation (a portion of APN 014-210-24 - Paul Yoch and Jennifer Yoch), and (b) approve purchase agreement between the county of Lake and Paul Yoch and Jennifer Yoch for the St. Helena Creek Bridge Project, and authorize the chair to sign agreement.
C-9: (a) Approve grant deed and direct clerk to certify for recordation (a portion of APN 014-210-06 - Charles Morse), and (b) approve purchase agreement between the county of Lake and Charles Morse
for the St. Helena Creek Bridge Project, and authorize the chair to sign agreement.
C-10: (a) Waive formal bidding process, determining it would produce no economic benefit; (b) approve purchase of five HVAC units for the Lake County Jail/Hill Road facility; and (c) authorize the sheriff/assistant purchasing agent to issue a purchase order to Baker Distributing Inc., in the amount of $20,248.70, for five HVAC units.
C-11: (a) Waive the normal bidding process, determining it would produce no economic benefit; (b) approve purchase of CMAS upgrade to Moducom system for Central Dispatch; and (c) authorize the sheriff/assistant purchasing agent to issue a purchase order to Modular Communications Systems, in the amount of $99,638.30 for CMAS upgrade to Moducom system.
C-12: Approve Agreement #EW-2013-14 between the county of Lake and the Regents of the University of California, in the amount of $71,100, for FY 2013/14 training services, and authorize the chair to sign.
C-13: (a) Approve agreement between the county of Lake and Megabyte Systems Inc., for FY 2013-14 MPTS property tax system maintenance, in the amount of $172,197.84, and authorize the chair to sign; and (b) approve web services addendum to the agreement between the county of Lake and Megabyte Systems Inc., for FY 2013-14 online tax bills and e-payment processing services, in the amount of $4,109.74, and authorize the chair to sign.
LAKE COUNTY WATERSHED PROTECTION DISTRICT BOARD OF DIRECTORS
C-14: Approve agreement between the Lake County Watershed Protection District and Pestmaster Services of Lake and Mendocino, in the amount of $11,415.50, for vegetation control for various flood control works, and authorize the chair to sign.
C-15: Approve purchase agreement for property located at 8340 and 8300 Reclamation Road, Upper Lake (APNs 004-016-31 and 32 - John Irwin) for the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project, and authorize the chair to sign.
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Lakeport City Council to consider approving marijuana cultivation ordinance, annual budget
LAKEPORT, Calif. – The Lakeport City Council this week is set to consider giving final approval to a new marijuana cultivation ordinance and the city's new 2013-14 budget.
The council will meet beginning at 6 p.m. Tuesday, June 18, in the council chambers at Lakeport City Hall, 225 Park St.
The council will hold a public hearing as part of its second reading of the final draft of its proposed medical marijuana cultivation ordinance, which received the council's unanimous approval at its May 21 meeting, as Lake County News has reported.
The proposed ordinance, which city officials said is meant to be complaint-driven, prohibits outdoor cultivation and requires grows to be contained in accessory outdoor structures.
The council also will consider approval of resolutions to adopt the Fiscal Year 2013- 2014 and Establishing the Fiscal Year 2013-2014 Appropriations Limit.
The proposed budget for the coming fiscal year has $14.42 million in revenue and $16.72 million in total expenditures, according to the document.
In other council business, Planning Services Manager Andrew Britton will introduce to the council a proposed ordinance to revise regulations pertaining to mobile catering businesses as well as a fee resolution.
Police Chief Brad Rasmussen will ask for approval of a contract between the city and county of Lake for an upgrade for the police department's server, and Public Works Director Mark Brannigan will seek support for a proposed increase to the commercial sewer allotment from eight units to 10 units.
The council also will discuss allowing Zumba instructor Melissa Maberry to utilize Library Park and the Gazebo to conduct Zumba classes and will conduct a public hearing to review the Community Development Block Grant #09-EDEF-6531 VII.
On the consent agenda, which includes items that are not considered controversial and which usually are accepted on one vote, are ordinances; minutes; warrants; a resolution authorizing the city manager to execute documents on behalf of the City of Lakeport for CDBG Grant #09-EDEF-6531; and a letter of support for the appointment of Lakeport Finance Director Dan Buffalo to the California Tax Credit Allocation Committee.
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