Lakeport City Council to hold public hearing on proposed marijuana cultivation ordinance
LAKEPORT, Calif. – The Lakeport City Council this week will hold its first hearing on a proposed ordinance to govern how medical marijuana cultivation is handled in the city.
The meeting will begin at 6 p.m. Tuesday, May 21, in the council chambers at Lakeport City Hall, 225 Park St.
The meeting’s consent agenda – which includes items considered routine and noncontroversial the council acts on at one time, usually without discussion – include ordinances, warrant registers from May 9 and 15, and minutes from the May 7 council meeting.
Planning Services Manager Andrew Britton will present to the council the proposed marijuana cultivation ordinance, which resulted from the work of a committee of community members and city staff the council directed be formed earlier this year. It can be found in the agenda packet below, beginning on page 23.
Britton reported that the committee met four times in March and April, eventually voting unanimously at an April 17 meeting to forward the document to the Lakeport Planning Commission for consideration.
On May 8 the planning commission voted unanimously to recommended the city council adopt the ordinance with some revisions, according to Britton.
He said the proposed ordinance “restricts the cultivation of medical marijuana in residential zoning districts to detached, enclosed and secure accessory buildings; limits the cultivation area to a maximum of 80 square feet; requires security and odor control measures to be in place; addresses the proximity of marijuana cultivation activities to schools, parks and childcare facilities; and includes other measures intended to address the potential problems associated with the cultivation of medical marijuana.”
If the council accepts the draft ordinance’s first reading, a second reading is tentatively scheduled for the council’s meeting on Tuesday, June 18.
Also on Tuesday, the council will designate a voting delegate for the League of California Cities annual conference, which will be held in Sacramento Sept. 18-20.
The council also will host a closed session to discuss one case of anticipated litigation.
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052113 Lakeport City Council Agenda Packet
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Clear Lake hitch stakeholders group to meet May 16
LAKEPORT, Calif. – A group of stakeholders in the petition for the Clear Lake hitch’s endangered species status review will meet on Thursday, May 16.
The meeting will take place beginning at 3:30 p.m. in the Board of Supervisors chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport.
Co-chairs of the group include Peter Windrem of the Chi Council for the Clear Lake Hitch; Lake County Farm Bureau Executive Director Claudia Street; and Lake County Chamber of Commerce Chief Executive Officer Melissa Fulton.
Last fall, the Center for Biological Diversity submitted petitions at the state and federal levels to list the Clear Lake hitch – a fish native to Clear Lake – as an endangered species.
On March 6, the California Fish and Game Commission made a determination that the state petition had merit and directed that a one-year review period begin. That review take place prior to making a final determination for the endangered species designation.
The Thursday meeting will include representatives of the California Department of Fish and Wildlife, which will provide an opportunity for Lake County stakeholders to ask questions concerning the petition.
The Department of Fish and Wildlife is seeking input from any and all Lake County residents, businesses, organizations pertaining to the listing petition.
The deadline for all input for the review process is Friday, June 14. Input should be sent to
If you are not sure how about why this California endangered species listing may impact you, make sure to attend the meeting.
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County staff, supervisors discuss latest on Lakeside Heights landslide situation

LAKEPORT, Calif. – On Tuesday morning the Board of Supervisors received an update from county staff and fielded questions from a resident of the Lakeside Heights subdivision on the work to find the cause of a landslide that has destroyed several homes and damaged county utility infrastructure.
For nearly two months, the north Lakeport subdivision of 29 homes has been the site of a landslide that has led to numerous seven red-tagged homes and voluntary evacuation notices for about 10 other homes, according to residents. However, the precise cause of the ground movement remains at issue.
Staff from several county departments were on hand to give the board an update on the situation, from studies and monitoring currently under way to safety measures for residents.
Special Districts Administrator Mark Dellinger, who oversees the county’s sewer and water facilities, said a geotechnical report and a second leak report are being finished.
A leak detection test performed last Thursday found two leaks, one on the north end of Lancaster Road, the other at the west end near Oxford Drive. “Those were repaired within 24 hours,” said Dellinger.
A March 25 leak test hadn’t found any issues with the county system but suggested a homeowners association irrigation pipe may have been at fault. Dellinger said the two companies that performed the tests are now reviewing each others’ works based on the differences in their findings.
Dellinger had received board approval to do the second test because of continued ground movement.
A design for a longterm sewer bypass has been completed, but Dellinger said no further work will be done until the county knows if it will receive state funding for a recommended supplemental geotechnical report.
A compound water meter was installed on Monday to help compare the amount of water that goes into the subdivision in the main line and how much is being used by individual homes, Dellinger said. That meter will be monitored daily to determine if new leaks are forming in the system.
The county also is moving a sewer bypass to discharge onto Downing Drive because a sewer manhole was compromised, he said. “That is an indication that the land is still moving.”
Dellinger said he and his staff are working with state officials to fulfill additional information requests necessary to be considered for state funding.
Supervisor Anthony Farrington thanked county staff and – referencing the recent national media attention the landslide has garnered – said the county and residents together have elevated the issue.
Farrington, noting his frustration with the slow movement at the state level regarding the request for help, said he was surprised about the finding of the new leaks.
Dellinger explained that the leaks were found in linear fractures that run the length of polybutylene pipe. One was estimated at less than 20 gallons a minute, the other about 10 gallons a minute. He said the second leak detection company that found the leaks said they would have put out less water when the ground was compacted around the pipes.
He said the leak found near Oxford Drive is of concern because they are seeing pavement separation well out of the area where they believed the unstable ground was, which is why getting a completed geotechnical report was so important.
“The wait is the hardest part,” Farrington noted during the discussion.
“No question,” Dellinger replied.
Dellinger’s fiscal manager, Jan Coppinger, said the superintendent who fixed the leaks noted that the polybutylene pipe is very flexible in the center. That means the leaks won’t necessarily be where the ground movement is, but will be more toward the valves and the pipes’ connections.
Supervisor Denise Rushing said the county needed two plans – one for if there was state funding and a second for if there wasn’t.

Monitoring changes
Public Works Director Scott De Leon, the county’s incident commander on the Lakeside Heights emergency, said county staff is still trying to get the county infrastructure out of harm’s way and continues to work on those two scenarios.
Rushing asked if it was fair to say that they didn’t really know what was going on with the underlying geology. Dellinger replied that the movement was more than originally thought.
Rushing asked when they might have answers. Dellinger said hydrological studies could take months, while geotechnical work could be done in a matter of weeks.
“So we’re still looking at weeks here,” she said.
She followed up by asking what had happened on the ground’s surface in the past week. Dellinger said water is still coming out of the ground at Downing Drive and the north end of Lancaster Road has a crack, with the ground dropping about 4 inches and another fissure opening further.
Farrington, who said he last visited the subdivision on Monday night, said the foundations in the subdivision weren’t monolithic, and some of what was done raised issues about construction integrity.
He said some were slabs, some were perimeter foundations without rebar, still others were concrete pier post, which he said pointed to a historical knowledge of soil instability.
De Leon said a drilled pier foundation is nonstandard for general soil or foundation construction and is used in areas of weak soils or fill.
In reviewing the subdivision’s construction plans, county officials noted unique features, including a drain underneath the sewer line on Downing Drive, which also has check dams and lines that run off of it laterally, De Leon said. “Clearly subsurface water was anticipated at some point in time.”
He agreed with Farrington that it appeared there was a historic knowledge of conditions that required special construction.
De Leon told the board that the landslide continued to inch toward Hill Road, and it was being monitored daily.
He also reported that the county’s research revealed that the subdivision’s roads were dedicated for the exclusive use of residents and service vehicles – police, fire and mail. Because they’re not considered public roads, the sheriff’s office has the authority to tell people to leave.
Due to concerns from residents about people being in the area who shouldn’t be, De Leon said they’ve instituted a policy that county staff only visits the neighborhood in county vehicles. Residents are being urged to call 911 if they see people coming into the subdivision at night who don’t belong there.
Sheriff’s Capt. Chris Macedo told the board that county staff has been doing an excellent job responding to the situation, and is taking a very methodical approach to solving the problem.
He said staff are doing everything they can, working nights and weekends. “You should be proud of them.”

Resident asks about leak tests, size of leaks
Randall Fitzgerald, one of the last remaining homeowners still in his home on Lancaster Road, thanked Special Districts and Public Works staff on behalf of the subdivision’s residents. He said some of the efforts have been above and beyond the call of duty. “It doesn’t go unnoticed.”
Fitzgerald then asked county staff a series of questions relating to the accuracy of the March 25 leak detection test, as well as the technology used.
Dellinger said he was confident in the work done during that test. Coppinger added that different technologies are available for leak detection, and there is debate over which is best, but no technology is perfect.
She said the second leak detection firm told county staff that the leaks were less before the earth was removed from around the pipes, and the water that escaped wasn’t enough to be considered significant or to damage the subdivision.
“We are moving forward. We’re going to expect more leaks,” she said, adding they would address any new leaks as soon as possible.
When Fitzgerald asked if the March 25 test was flawed, Dellinger said he didn’t know. Coppinger added that the two leak detection companies the county has used to study the area were going to compare their tests for accuracy.
Fitzgerald asked how the county knew how much water went into the subdivision before the new meter was installed. Dellinger said they monitored home usage, but this meter was meant to increase the accuracy. In response, Fitzgerald asked if it was fair to say that they didn’t know how much water was going in before the meter’s installation, Dellinger said yes, other than assumptions for tank storage, pipe diameter, gravity and reads on individual meters.
Fitzgerald also asked about if the water found when working on a manhole on April 30 was related to a leak in the pipe 50 to 70 feet from it in the water line. Dellinger said he didn’t know but hoped to be able to answer that question.
Using the estimates of the water leaks’ volumes, Fitzgerald asked if it was possible that millions of gallons of water could have gone into the hillside since late March. Dellinger said he couldn’t speculate.
“If you’re asking for a lot of speculation, we’re going to need the data,” said Rushing.
Fitzgerald said the questions were meant to lead to the data, and Rushing suggested that compiling a list of questions would be good.
Farrington also asked questions of staff about residents’ accounts of a fire hydrant that may have been shut off improperly following a house fire on Oxford. Residents have stated to Lake County News that the fire occurred in March. Dellinger told the board he could look into the matter.
Rushing encouraged staff to capture all of the questions. “We need to get it all out on the table and find out what exactly is happening,” she said.
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Numerous agencies join search for missing Clearlake girl; aunt calls situation ‘devastating’

CLEARLAKE, Calif. – The search for a missing Clearlake girl grew on Monday, as agencies from around the region joined the effort and her worried family waited for news.
Authorities have been searching for 9-year-old Mikaela Renee Lynch since Sunday afternoon, after her father reported her missing from her family’s home on Harbor Drive, as Lake County News has reported.
It’s believed that the girl – who has autism and cannot speak – wandered away from home, and may not have been clothed when she left. She had last been seen playing in the family’s yard.
She is described as a white female, 4 feet tall and weighing 70 pounds, with brown hair and blue eyes.
Lt. Tim Celli of the Clearlake Police Department said Monday that numerous agencies had joined the search.
In addition to Clearlake and Lake County officials, Napa, Sonoma, Marin and Contra Costa had sent personnel and resources to assist, Celli said.
The child’s family continued to wait and hope for her safe return.
“I have never seen parents more in love with their child than Michael and Bari. This is devastating,” said the girl’s aunt, Yvonne Heidt, who lives in Texas.
Efforts to find the girl began immediately on Sunday, with Clearlake Police personnel and volunteers, Lake County Fire, Northshore Dive Team, K-Corps and even community members assisting, according to reports from the scene.
REACH and California Highway Patrol sent helicopters to fly over Cache Creek, which is near the girl’s home.
Witnesses said officials went door to door, blocked off the street and even searched cars leaving the area.
Early Monday, dogs were being used to search, police said.
Police were staging at the Mormon Church, located at 14970 Lakeview Way, not far from where the child was last seen.
Clearlake City Councilman Joey Luiz was at the church on Monday afternoon, and said at that point 125 volunteers were estimated to be on scene, with more arriving.
“The effort from all the professionals and volunteers is outstanding and relentless,” Luiz said. “If anyone can get little Mikaela home safe it is this amazing group of people.”
For community members who want to help volunteer, they can go to the Mormon Church and find a walk-in volunteer sign up area, according to police.
Anyone with information on her whereabouts is asked to contact the Clearlake Police Department at 707-994-8251 or call 911.
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Supervisors to discuss Lakeside Heights response, preparations for upcoming fire season
LAKEPORT, Calif. – An update on the continuing emergency situation at Lakeside Heights, as well as a consideration of the coming fire season, will be taken up by the Board of Supervisors this week.
The meeting will take place beginning at 9 a.m. Tuesday, May 14, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Main St., Lakeport. It will be broadcast live on TV8.
At 9:25 a.m., the board will get an update from staff on the landslide at Lakeside Heights in north Lakeport.
Over the last several days, the cluster of 29 hilltop homes off of Hill Road has gained national media attention because of the destructive ground movement, which has resulted in more than half of the homes being mandatorily or voluntarily evacuated.
Officials and residents alike are struggling to find the root cause of the issue, with homeowners being told by their insurance companies that the damage so far is not covered by policies.
During the Tuesday morning discussion, the board will consider services recommendations for the continued response to the situation and proposed safety regulations in response to the local emergency.
In other business, with the year’s dry conditions leading to concerns about a bad fire season, at 10 a.m. the board will discuss recommendations for preparing for the summer, and also will consider the coordinated all-agency response to last year’s Wye and Walker fires.
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).
9:10 a.m., A-5: (a) Presentation of proclamation designating the week of May 12-18, 2013, as Police Officers Week; (b) presentation of proclamation designating the week of May 12-18, 2013, as Safe Boating Week; and (c) presentation of proclamation designating the month of May 2013 as Mental Health Month.
9:15 a.m., A-6: Hearing, nuisance assessment confirmation and proposed recordation of notice of lien in the amount of $4,057.71 - 16744 Hofacker Lane, Lower Lake, CA (APN 122-221-08 - Jesse
McGuire).
9:25 a.m., A-7: (a) Update on Lakeside Heights Subdivision; (b) consideration of services recommendations for continued response; and (c) consideration of proposed safety regulations in response to the local emergency.
9:30 a.m., A-8: To be continued to June 18 at 9:45 a.m. – 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.
9:45 a.m., A-9: Public hearing, consideration of proposed resolution approving resolutions and capital fire facility and equipment plans submitted by Lake County Fire Agencies and updating the Lake County Capital Fire Facility and Equipment Plan.
10 a.m., A-10: Consideration of coordinated all-agency response to last year’s Wye and Walker fires, and recommendations to prepare for the upcoming fire season.
NONTIMED ITEMS
A-11: Supervisors’ weekly calendar, travel and reports.
A-12: Advanced from May 7, consideration of proposed ordinance amending Article I of Chapter 6 of the Lake County Code relating to emergency organization and functions; second reading.
A-13: Carried over from April 23 and May 7, consideration of proposed resolution authorizing the chair to sign a notice of completion for the Middletown Library/Senior Center.
A-14: Consideration of proposed letter regarding allocation of Proposition 39 funds.
A-15: Consideration of proposed letter of opposition to Assembly Bill AB 52 (Gatto) Native Americans: California Environmental Quality Act.
A-16: Consideration of proposed findings of fact and decision in the appeal of Friends of Cobb Mountain - AB 13-01.
A-17: Consideration of request to authorize out of state travel for Senior Victim Witness Domestic Violence Advocate Kerri Smith and one non-county employee to attend the Office on Violence Against Women (OVW) Advocacy Conference for GTEAP Grantees in New Orleans, LA on June 25-27.
CLOSED SESSION
A-18: 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, L. Guintivano, S. Harry, M. Perry, and A. Flora; 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. Public employee performance evaluation: Public Works and Water Resources Director Scott De Leon and Community Development Director Rick Coel.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on May 7, 2013.
C-2: (a) Adopt proclamation designating the week of May 12-18, 2013, as Police Officers Week; (b) adopt proclamation designating the week of May 12-18, 2013 as Safe Boating Week; and (c) adopt proclamation designating the month of May 2013 as Mental Health Month.
C-3 Approve plans and specifications for construction Clearlake Oaks Senior Center, and authorize the county administrative officer/purchasing agent to advertise for bids.
C-4: Adopt resolution approving a cooperative agreement with the U.S. Department of Agriculture to provide an Animal Damage Control Program for the County of Lake.
C-5: Adopt resolution approving the standard agreement between the county of Lake and Partnership Health Plan for behavioral health services and authorizing the director of Behavioral Health to sign the
agreement.
C-6: Waive 900 hour limit for extra help Park Maintenance Worker Chris Taylor.
C-7: Approve job description and salary grade (A12) of facility caretaker.
C-8: Waive 900 hour limit for extra help Eligibility Worker II Joanne Ruddock.
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