How to resolve AdBlock issue? Lakeport City Council sends draft marijuana ordinance back to committee; expands group's membership
LAKEPORT, Calif. – Wanting to create an ordinance that would be workable and defensible from legal challenges, the Lakeport City Council on Tuesday voted unanimously to send a staff-written draft medical marijuana cultivation ordinance back to a committee whose membership will be expanded to include community members and stakeholders.
The proposed ordinance would have prohibited outdoor cultivation and required all marijuana growing to take place in outdoor accessory structures.
Council members felt the proposed ordinance would open the city to legal challenges, was too limiting and would make growing financially out of the reach of many medical marijuana patients.
City Attorney Steve Brookes was absent for the discussion due to attending a training, so Healdsburg City Attorney Michael Gogna sat in on the meeting to answer the council's legal questions, and Lakeport Police Chief Brad Rasmussen presented the draft document.
The draft ordinance and staff report begin on page 42 of the council agenda packet, posted below.
Rasmussen said that the city has received numerous complaints about medical marijuana cultivation over the last several years.
In 2007 the council passed an ordinance banning all cultivation in the city limits. However, Rasmussen explained, “That ordinance has not proven to be effective, we have not been able to enforce it,” and the city is concerned about potential liability.
Staff asked the council to consider sending the draft ordinance on to the Lakeport Planning Commission to determine if it conformed with the city's general plan.
Councilman Kenny Parlet asked Rasmussen if he felt the draft ordinance would work, and Rasmussen said he did. “I think you have to look at your community and see if it works within that community,” Rasmussen said.
Parlet asked if Rasmussen felt it was the best starting point. “I do, yes,” said Rasmussen, who had assisted with drafting it.
Lower Lake attorney Ron Green, representing the Emerald Unity Coalition – a group that includes Americans for Safe Access, United Food and Commercial Workers Union, Lake County Green Farmers, California NORML, the Emerald Growers Association and others – called the proposed ordinance “a total ban on cultivation,” adding it was unconstitutional.
He warned the council that they could face expensive litigation, and said Americans for Safe Access was seriously considering suing Lakeport if the council passed the ordinance.
Green suggested they should create a representative committee to create a better ordinance.
City resident Howard Holtz called the proposed ordinance “de facto prohibition.”
Going point by point through his specific areas of concern, Holtz said the city was putting patients at higher risk of theft and violating personal property rights by requiring they sign up for inspections and building permits. He said the document discriminated against growers due to odor issues, and unreasonably limited power wattage and areas of the city where marijuana can be grown.
City resident Bob Bridges, who also is senior deputy county counsel for the county of Lake, told the council, “I have a little different perspective on this ordinance than the last two speakers.”
He continued, “I've reviewed your ordinance very carefully. It has excellent findings. It's well drafted.”
Bridges, who has defended the county's medical marijuana cultivation ordinance in court, said his main concern was over the vested rights theory, which has been a problem for the county in enforcing its ordinance during the first year.
He said if it takes two to three months for the city to finalize its ordinance, they will find people already getting started with their grows, which could give them legal footing to continue their activity under the vested rights argument.
Bridges said the crop “is something we really don't need in our neighborhoods,” and reminded the council that the 1996 Compassionate Use Act that allowed medical marijuana does not paralyze the city's police powers.
He said Tehama County has an ordinance similar to the one proposed by the city, and it has survived a challenge in Tehama County Superior Court and is now moving up to the appellate court.
“I wouldn't let Mr. Green's argument scare you off,” he said.
Kim Beall, who owns a child care facility, questioned if her facility would have the 300-foot setback from grows applicable to schools, playgrounds and other places where children congregate, based on the ordinance's language. Staff said yes.
She said she didn't care if people wanted to use marijuana, but added that she doesn't like being overwhelmed by the smell in her backyard.
She said some people “are getting out of hand” with growing, which is why the ordinance has resulted.
Beall said she didn't think growers would like any ordinance the city created. “I don't think it's fair to the people who are in Lakeport and really don't want to be around it.”
Rasmussen said the proposed ordinance was meant to deal with situations such as one home in the city where 160 plants are being grown indoors and neighbors are complaining.
“One hundred and 60 plants, in my professional opinion, is unreasonable and it creates the neighborhood nuisance complaints that we're dealing with on a regular basis,” Rasmussen said.
That nuisance grow, he said, is for medical purposes, and there is nothing he can do to address it other than through measures offered in city building codes, which don't offer an easy process.
Planning Services Manager Andrew Britton added that the city's formal nuisance procedure is cumbersome and takes a lot of time.
Councilman Martin Scheel asked Green and Holtz for their best ideas about how many plants are needed to meet patient needs. Green said case law allowed individuals to grow as much as they need for their personal use and collectives to grow as much as they need for collective use. He said more plants are needed when growing indoors.
“There's no real answer to your question except that it varies greatly,” Green said.
Scheel asked how the city would deal with nuisance odors, questioning if a new administrative citation process – which had its first reading Tuesday night – would be enough. Rasmussen didn't think it would be. “We need a reasonable marijuana cultivation ordinance,” Rasmussen said.
Parlet said he was worried about the potential for the city being taken to court over an ordinance, but added, “I don't think we have enough laws to do what we need to do here.”
He said there was the potential for the ordinance to become “this battle where you can't win.”
Parlet and his fellow council members agreed it would be good to get the input of stakeholders.
Gogna told the council that the decision, ultimately, was up to them. He pointed to the policy challenges, noting that the courts haven't been able to strike the right balance between medical marijuana users' rights and the associated nuisances.
He suggested council members focus their discussion on finding the right policy balance, “recognizing you're not going to strike it.”
Scheel said one of his big concerns was that the ordinance, as written, was so restrictive that it only afforded those with a lot of money the ability to grow. “I really believe this is cost prohibitive unless you have substantial financial means.”
He said that marijuana grows have caused nuisances in his neighborhood, too. “It is not pleasant in the summertime to be in my backyard.”
However, Scheel said the bottom line is that the city needed to make sure that those who need medical marijuana have access to it.
Parlet said they needed to take their time and come up with a good ordinance.
Engstrom told the audience that he hoped they were getting the feeling that the council listens and that its members hadn't come to the meeting with their minds made up, but instead were trying to meet the needs of medical marijuana users.
Councilmember Stacey Mattina moved to send the draft ordinance back to the city committee, the new version of which will be composed of two council members, two stakeholders, two community members and necessary staff. Beall and Holtz both volunteered to serve on the committee.
The council vote on Mattina's motion was 5-0.
Separately, the council decided not to pursue an interim ordinance, but to devote time to creating permanent regulations. They were concerned that rushing into an interim ordinance could expose them to legal problems, which Gogna confirmed could happen.
Gogna also offered an alternative method of dealing with nuisances.
He said those experiencing excessive odor and vandalism as a result of grows can seek remedies in small claims court on an individual basis.
Gogna said a group of community members in Santa Rosa targeted drug houses and got repeated judgments. In the case of one property, those judgments totaled about $80,000.
“Those kinds of self-help actions get the attention of property owners,” he said.
Gogna told the council that community members “don't have to wait for you to take action to take their own action.”
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Lakeport City Council agenda packet, Feb. 5, 2013 by LakeCoNews
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Former home health care union chief convicted of embezzling; had attempted county supervisors recall
LAKE COUNTY, Calif. – A former union president who in 2007 had worked to start a recall of four Lake County supervisors was convicted on Monday of embezzling tens of thousands of dollars from the union that represents home health care workers.
In federal court in Los Angeles, a jury found 43-year-old Tyrone Ricky Freeman – former president of the Southern California-based Service Employees International Union (SEIU) Locals 6434 and 434-B – guilty of four counts of mail fraud, seven counts of embezzlement and/or theft of labor union assets, one count of making a false statement to a federally insured financial institution, and two counts of subscribing to a false tax return, according to the US Attorney's Office.
“This was a case about abuse and betrayal,” said United States Attorney André Birotte Jr. “Freeman abused his position as leader of the SEIU, and he betrayed the hardworking people whose interests he was supposed to represent.”
Freeman was indicted last summer. His 10-day trial began earlier this month.
At trial, federal prosecutors presented evidence that Freeman took money from SEIU Locals 6434 and 434-B by diverting reimbursement payments from California United Homecare Workers, a public-sector union that had close ties to the SEIU locals.
Freeman collected $2,500 per month from Local 6434 and the California United Homecare Workers, established in 2005 by SEIU and the American Federation of State, County, and Municipal Employees to represent public sector employees working in the homecare industry in California, including Lake County's In-Home Supportive Service providers.
At the time of Freeman's involvement, California United Homecare Workers was based in San Bernardino and represented about 1,400 IHSS providers in Lake County.
California United Homecare Workers continues to represent Lake County's IHSS workers, according to Social Services Director Carol Huchingson, whose agency oversees the IHSS Public Authority.
“He's been out of the picture for a long time,” Huchingson said of Freeman.
Loretta Stevens, executive director for California United Homecare Workers – now based in Sacramento – said Freeman had “limited interactions” with the homecare workers union.
“He's a part of the past,” Stevens told Lake County News. “The union has moved forward. He has nothing to do with California United Homecare Workers.”
In the summer of 2007 Freeman – then holding the title of the homecare workers union president – had spearheaded an effort to recall four Imperial County and four Lake County Supervisors, as Lake County News has reported.
In response to a June 2007 Lake County Board of Supervisors vote on a proposal to give $1 an hour raises to IHSS workers who underwent drug testing, Freeman – who had insisted that the proposal hadn't been discussed in good faith during negotiations with the county – convinced union members to vote for pursuing the recall of Ed Robey, Anthony Farrington, Jeff Smith and Rob Brown.
Denise Rushing, who by that point had only been on the board about seven months, was not included in the recall threat.
Freeman and the union, however, didn't follow through on taking the recall effort to the ballot. The following January, the board approved a new contract with IHSS workers that did not require drug testing.
According to the federal case, from the beginning of 2007 through the summer of 2008 – at about the same time as he was engaging in his battle with the supervisors – Freeman allegedly had concealed from the Local 6434 Executive Board and the California United Homecare Workers Executive Board that he was receiving payments of $2,500 per month in addition to the regular salary that he received from Local 6434.
The indictment also alleged that Freeman took nearly $17,000 from Local 6434 in June 2008 by requesting the Local 6434 Executive Board make payments to another entity closely aligned with the union – the Long Term Care Housing Corp., a not-for-profit corporation organized in 2004 for the purpose of developing affordable housing for members of Locals 6434 and Local 434-B. Freeman then diverted those funds to himself.
Freeman was convicted of lying to Countrywide Bank when he told a bank representative that Local 6434 paid for his personal American Express credit card debt and the monthly lease payments for his Land Rover.
Freeman also used a Local 434-B credit card to pay $8,105 in personal expenses he incurred during a 2006 trip to Honolulu, Hawaii, which included expenses related to Freeman’s wedding ceremony.
In addition he was found guilty of subscribing to false tax returns in 2006 and 2007 when he failed to report approximately $63,000 in income he received during those tax years.
Freeman, who now lives in Pittsburgh, Penn., is to be sentenced April 22 by United States District Judge Audrey B. Collins.
The US Attorney's Office said he faces a statutory maximum sentence of 20 years in federal prison for each count of mail fraud, a maximum of 30 years for each count of making a false statement to a federally insured financial institution, up to 10 yeas for each count of embezzlement and/or theft of labor union assets, and as much as three years for the charge of subscribing to a false tax return.
A number of agencies were involved in investigating the case against Freeman, including the U.S. Department of Labor, Office of Inspector General; the U.S. Department of Labor, Office of Labor Management Standards; the U.S. Department of Labor, Employee Benefits Security Administration; the Federal Bureau of Investigation; and IRS-Criminal Investigation.
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Volunteering: Benefits for those who give as well as those who receive
It’s still early in the year and many people have resolved to make changes in their lives.
This year, start doing something you’ll love. Make a change, get involved – volunteer.
In recent years, volunteering by older adults has been on the rise.
The Corporation for National and Community Service – home of RSVP, the nation’s largest senior volunteer recruitment agency – reports that the number of older adults 65 plus who volunteer has risen from 7.7 million in 2002 to nearly 10 million in 2012.
In addition, the volunteer rate for older adults over the age of 65 increased by 64 percent between 1974 and 2005.
Studies show that volunteering has positive effects on common health challenges such as obesity and stress, and on efforts to reduce or eliminate smoking.
Keeping physically and mentally active can also improve your state of mind. Most older adults claim that they have experienced improved health and well-being as a result of volunteering, motivating them to continue volunteering.
Today’s older adults have more access to resources than in the past. They are more educated and financially secure.
Research reveals that the proportion of adults age 65 and older without a high school diploma has dropped nearly 40 percent since 1974.
In addition, older Americans with college degrees are volunteering at a higher rate than in the past.
One will find older adults volunteering for many different types of community organizations.
Religious institutions are the most popular organizations through which they volunteer their skills and time. They also volunteer at educational organizations, social service organizations, civic and arts organizations, and hospitals.
By being a volunteer and improving the lives of others, older adults receive positive feedback – a very real motivation to continue.
And since volunteering helps older adults stay active and connected to their communities, it’s a win-win situation for both the volunteers and the organizations that see the benefits of the volunteers’ service.
Let’s not forget about those baby boomers, those folks who were born between the years 1946 and 1964.
The growing number of boomers nearing retirement age over the next 20 years offers a golden opportunity to tap into a vast base of potential volunteers.
With this sophisticated cohort, organizations must consider creative ways to encourage boomers to volunteer. Society has the opportunity to benefit from the contributions of the boomers’ volunteerism, and potentially to government, as healthier older adults require fewer health care dollars.
Some say that as the boomer population begins to retire, this group will not necessarily become a new, willing army of volunteers.
The sluggish economy has seen more older adults staying in the workforce well beyond retirement age.
However, those who volunteer during their working years tend to volunteer during retirement, according to Harvard School of Public Health research. Other literature points out that personal characteristics such as education and religion are also associated with higher rates of volunteerism.
There is no better resolution for the new year than to make a positive difference in the world through volunteering.
For those who are ready to make a difference, here are a couple of volunteer opportunities to consider.
The Lake County IHSS Advisory Committee is looking for members to serve in an advisory capacity regarding In-Home Supportive Services and the In-Home Supportive Services Public Authority to the Board of Supervisors.
Contact IHSS Public Authority at 707-995-4680 for more information.
The Long-Term Care Ombudsman Program of Lake and Mendocino counties is looking for volunteers to advocate for the rights of all residents of long-term care facilities. Call 707-262-4525 for more information.
Todd Metcalf is the adult services program manager at Lake County Department of Social Services.
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Council approves updating Wal-Mart planning agreements, Southshore Little League lease for ballfields
CLEARLAKE, Calif. – On Thursday evening the Clearlake City Council approved moving forward with updating studies needed in the planning process for a Wal-Mart expansion permit and also gave the go ahead for a new, longer-term agreement with Southshore Little League for city ballfields.
City Manager Joan Phillipe had asked the council for authorization to move forward on amending existing contracts with consultants ESA Community Development and Keyser Marston Associates for updated studies on the expansion of the Clearlake Wal-Mart, located at Highway 53 and Dam Road.
Phillipe also wanted to be able to execute future contract amendments on her own.
She said Wal-Mart's planning application had been on hold by mutual agreement of the city and the retail giant.
“They recently have come back and asked to reactivate the application, as they are entitled to do,” Phillipe said.
She said the reactivation requires updated planning studies, thus the proposed amendments to keep the application moving forward.
Her written report to the council explained that the amendments would cover study updates and result in additional costs of $44,878 and $17,500, to be paid to ESA and Keyser Marston, respectively. Wal-Mart is to cover those costs.
Phillipe told the council Thursday evening that the discussion was not on the project's merits, but merely the planning amendments.
The only public comment came from Dennis Darling, owner of Foods, Etc. in Clearlake, who gave informational handouts to the council.
Councilman Joey Luiz said the Wal-Mart expansion ultimately would be one of the biggest decisions the sitting council makes. He said he didn't support allowing amendments or any planning documents to go through without council approval.
He said he wanted to know that every piece of information on the project is legitimate, adding that he apologized for creating more work for city staff in making that request.
“The scope of this is just huge,” he said. “We need to make sure they're accountable every step of the way.”
Phillipe told Luiz that there is a very specific process that has to be followed in processing planning documents, with some of that process meant to preserve the council's ability to fairly make a decision. She said the council couldn't take action on planning issues before they followed the process to the Clearlake Planning Commission.
Luiz said he still wanted to see the information first.
Phillipe said the project is going to generate a “tremendous amount” of interest, and that what was before them was simply a processing request.
Councilmember Joyce Overton moved to give Phillipe authorization to execute amendments to the agreements to ESA and Keyser Marston along with permission to execute future amendments, but that motion died for lack of a second.
Luiz then moved to give Phillipe authorization only to update the currently proposed agreements, which the council passed.
Also on Thursday, the council unanimously approved an updated agreement with Southshore Little League, which allows the group a 10-year agreement for use of the ballfields at Redbud Park. Previously, the ballfields have been leased to the group on a year to year basis.
The league's new president, Helen Mitcham, appeared before the council to ask for the approval.
“We have a lot of things we want to do,” with opening day on March 23, Mitcham said.
Mitcham had sent Phillipe a letter dated Dec. 17, explaining that last year the league served 439 local children.
The letter also included what Mitcham said was an “ambitious” list of improvements they want to carry out, including painting, leveling the parking area, straightening fences, upgrading the electrical and sprinkler systems, and revamped bathrooms.
Councilmembers were supportive of the Little League and its offerings for young people, giving it a 5-0 vote.
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Supervisors approve school resource officer agreement; Kelseyville school board to discuss proposal Wednesday
KELSEYVILLE, Calif. – On Tuesday the Board of Supervisors unanimously agreed to support a memorandum of understanding with the Kelseyville Unified School District for a school resource officer.
The agreement would have both the county and the district share the costs to have a deputy actively working with students and staff in the district.
The sheriff's office and the school district are each to contribute $51,500 – for a total of $103,000 annually – to cover the program, according to the proposed agreement.
Having law enforcement presence on campuses has become more of a concern since the Dec. 14 school shooting in Newtown, Conn., where 20 students and six staff and faculty members were killed by a lone gunman.
For Kelseyville, which last Friday had a deadly shooting at a Main Street gas station – located across from Kelseyville High School – increasing community safety also has become a particular concern.
Sheriff's Deputy Cynthia Radoumis has been tapped for the new position.
The Kelseyville Unified Board of Trustees – which heard a presentation from the Lake County Sheriff's Office last week on the program proposal – will hold a special meeting on Wednesday evening to consider final approval of the agreement.
That meeting will begin at 7 p.m. at the district office, 4410 Konocti Road.
Undersheriff Pat Turturici and Capt. Chris Macedo appeared before the Board of Supervisors Tuesday morning for the proposal discussion.
Supervisor Rob Brown, whose district includes Kelseyville, thanked Macedo for “making it happen” when it came to the school resource officer proposal.
Board Chair Jeff Smith said it's “amazing” what a school resource office can do for a community, noting that when his children were in school there had been such an active officer working, and that person helped quickly locate Smith's daughter when she didn't come home one night.
Supervisor Anthony Farrington asked about what was to be done for other districts.
Turturici said the sheriff's office is almost at full staff and so there is the possibility of eventually providing such positions to other districts.
Macedo said the sheriff's office has had discussions with Lake County Superintendent of Schools Wally Holbrook, and would like to have school resource officers in every district.
Right now, the sheriff's office is looking at available funding, but even if no funding materializes, Macedo said the agency would make the commitment to put the officers in local schools.
“We've wanted to do this well before the Connecticut incident,” Macedo said, explaining the staff previously hadn't been available.
He said having the officers on campuses will help put peoples' fears at ease.
Turturici said a school resource officer program has been his goal since he came to Lake County in 2011, as he's seen it work elsewhere.
Smith said it's a matter of spending a little money now or a lot later.
Supervisor Jim Comstock said there previously had been such a program in the Middletown Unified School District and it worked well. He said he totally supported it.
Brown said the goal was to start with getting the program established in one school district and work from there.
The board approved the memorandum of understanding 5-0.
In a separate discussion between the board and sheriff's staff on Tuesday, Brown reported that the Clearlake Police Department, which has a school resource officer assigned to the Konocti Unified School District, has made 72 arrests on campus since the start of the year.
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