Supervisors to discuss pass-through fee on Mediacom customers to support cable access station

LAKEPORT, Calif. – This week the Board of Supervisors will consider approving a pass-through fee on Mediacom customers to support the county's cable access television station.

The meeting will begin at 9 a.m. Tuesday, Aug. 28, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. The meeting will be broadcast live on TV8.

The public hearing on the 1-percent pass-through fee is scheduled for 10:15 a.m.

An extra 1-percent fee will be assigned to Mediacom customers if the supervisors approve the measure, which so far has been approved by the city councils of Clearlake and Lakeport.

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).

9:30 a.m., A-5: Presentation of Clear Lake Advisory Committee quarterly report.

10:15 a.m., A-6: Continued from Nov. 8 and Dec. 13, 2011, and Aug. 21, 2012 – public hearing on 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.

10:45 a.m., A-7: Public hearing, consideration of proposed ordinance amendment specified provisions of Article I of Chapter 4 of the Lake County Code relating to Animal Control.

11 a.m., A-8: (a) Consideration of proposed contract between the county of Lake and Lucerne Alpine Seniors Inc. for health-related senior support in the amount of $4,400; and (b) consideration of proposed Lake County IHSS Public Contract between the county of Lake and Middletown Senior Citizens Inc. for health-related senior support services in the amount of $4,400; and (c) consideration of proposed contract between the county of Lake and Highlands Senior Service Center Inc., for health-related senior support services in the amount of $10,050; and (d) consideration of proposed contract between the county of Lake and Live Oak Senior Center for health-related senior support services in the amount of $6,211; and (e) consideration of proposed contract between the county of Lake and Lakeport Senior Center Inc. for health-related senior support services in the amount of $8,125; and (f) consideration of proposed contract between the county of Lake and Kelseyville Seniors Inc. to provide basic operating expenses in the amount of $2,000; (g) consideration of proposed contract between the county of Lake and Senior Support Services to provide basic operating expenses in the amount of $1,000; (h) consideration of proposed lease agreement between the county of Lake and Senior Support Services, Inc., for FY 2012-2013 use of 9460 Mendenhall, Upper Lake (rent free in lieu of an equivalent cash match toward operations of the AAA); (i) presentation of the Area Agency on Aging Report; and (j) consideration of proposed resolution adopting a side letter of agreement to the memorandum of understanding by and between the Lake County IHSS Public Authority and the California United Homecare Workers Union Local 4034.

11:15 a.m., A-9: Continued from Aug. 14, public hearing on consideration of appeal (AB 12-02) of the Planning Commission’s decision to approve a mitigated negative declaration and minor use permit to allow a small winery (MUP 11-03, IS 11-09) in an existing metal building for property located at 8200 South Highway 29, Kelseyville, CA; APN 009-006-75; appellant is Old Muddy II LLC; project applicant is Red Lava Vineyard and Winery LLC.

1:30 p.m., A-10: Continued from Aug. 14, public hearing on consideration of Planning Commission’s recommendation to deny application GPAP 12-01 and RZ 12-01 proposing a general plan amendment from Low Density Residential to Suburban Residential Reserve and a rezone from “R1-B3" Single-Family Residential - 20,000 square foot minimum parcel size to “SR” Suburban Reserve for property located at 8255 Point Drive, Kelseyville, CA; APN 044-331-24; applicant is Dennis De La Montanya.

NONTIMED ITEMS

A-11: Supervisors’ weekly calendar, travel and reports.

A-12: Consideration of request from the Lake County Regional Chamber of Commerce to hold their chamber mixer at the Lucerne Hotel.

A-13: Consideration of proposed findings of fact and decision in the appeal of La Monica Signs.

CLOSED SESSION

A-14: 1.Conference with labor negotiator: (a) county negotiators: A. Grant, L. Guintivano, M. Perry, J. Hammond and A. Flora; and (b) Deputy District Attorney's Association.

A-14: 2. Public Employee Performance Evaluation: Animal Care and Control Director Bill Davidson and Special Districts Administrator Mark Dellinger.

A-14: 3. Conference with legal counsel: existing litigation pursuant to Government Code Sec. 54956.9(a): Merrill et al. v. Lake County Board of Supervisors.

CONSENT AGENDA

C-1: Approve minutes of the Board of Supervisors meeting held on Aug. 21, 2012.

C-2: Approve equitable sharing agreement and certification between the county of Lake and the U.S. Department of Justice, for the sharing of federally seized asset forfeiture monies, and authorize the chair to sign.

C-3: Approve 10th amendment to agreement authorizing North Coast Emergency Medical Services as the “Local EMS Agency” and authorization of powers pursuant thereto, and authorize the chair to sign.

C-4: Approve agreement between the county of Lake and Hilltop Recovery Services for FY 2011-2012 residential services, in the amount of $8,000, and authorize the chair to sign.

C-5: Approve agreement between the county of Lake and Remi Vista, Inc., for FY 2012-2013 specialty mental health services, in the amount of $20,000 (with a 25% modification clause), and authorize the chair to sign.

C-6: Adopt resolution authorizing release of lien pursuant to Welfare and Institutions Code Section 17405.

LAKE COUNTY WATERSHED PROTECTION DISTRICT BOARD OF DIRECTORS

C-7: Approve real property purchase contract and direct clerk to certify grant deed for recordation (004-016-35 - Ruth E. Embry) (Middle Creek Flood Damage Reduction and Ecosystem Restoration Project), and authorize the Chair to sign the agreement.

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082812 Lake County Board of Supervisors - Cable Pass-through Fee

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Written by: Elizabeth Larson

Published: 27 August 2012

Former city of Lakeport employee arrested for embezzlement, theft of public funds

LAKEPORT, Calif. – The city of Lakeport’s former utilities superintendent was arrested Wednesday morning on charges that he embezzled public funds totaling several thousand dollars.

Lakeport Police Chief Brad Rasmussen said his detectives arrested Matthew Allen Johnson, 36, of Lakeport, at 9:15 a.m. Wednesday.

Johnson is alleged to have taken just over $6,500 from the city, but police did not divulge the time frame of the theft and the city would offer no further comment on the case, including when Johnson had been employed there.

The arrested resulted from a Lake County Superior Court warrant issued after the Lake County District Attorney filed a complaint charging seven felony counts of embezzlement and seven felony counts of misappropriation of public funds, Rasmussen said.

Rasmussen said the Lakeport Police Department was contacted on Monday, July 16, by city executive management staff, who notified police of the alleged misappropriation of public funds by Johnson at a
time that he was employed as the city’s utilities superintendent.

City staff were able to recognize the misappropriations due to the city’s system of “checks and balances” for safeguarding public funds and resources, Rasmussen said.

City staff worked closely with the police department during what Rasmussen said was an extensive criminal investigation.

Rasmussen said the investigation concluded on Tuesday, at which time it was determined that the theft amounted to just over $6,500.

He gave credit to “hardworking and honest city staff” who immediately reported the matter and “took steps to ensure that it was handled quickly and efficiently.”

Rasmussen said the case was turned over to the Lake County District Attorney for prosecution.

Neither police nor city officials would offer additional comment on the case beyond Rasmussen’s report of the arrest.

According to city documents, Johnson had worked for the city of Lakeport for several years, with reports prepared for the council indicating he was a licensed water treatment and water distribution operator with close to a decade in utility operation and management.

Details

Written by: Lake County News reports

Published: 22 August 2012

Supervisors vote unanimously to extend interim urgency marijuana cultivation ordinance

KELSEYVILLE, Calif. – At a special evening session on Tuesday, the Board of Supervisors voted unanimously to extend an interim urgency ordinance on marijuana cultivation through June 2014.

The ordinance, originally passed at the end of a special daylong meeting on July 9, was good initially for 45 days, and was set to run out on Thursday.

In addition to setting screening requirements and prohibiting grows on vacant parcels, the ordinance allows 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.

Lower Lake resident Don Merrill and three anonymous co-plaintiffs – one of whom he said recently died – sued the county over the ordinance.

Last Friday Judge David Herrick granted a preliminary injunction in which the county is prohibited from enforcing the ordinance on qualified medical marijuana patients growing in accordance with the 1996 Compassionate Use Act through the end of 2012. However, those growers had to have begun their grows prior to July 9.

At the same time, Herrick found that the ordinance did not violate law by attempting to amend the Compassionate Use Act and that the county could carry out summary abatements of declared nuisances, which left the door open for the county to extend the ordinance. A trial on a permanent injunction has not yet been set.

About 40 people were in the audience for the meeting, which lasted just under two hours.

In a brief report, Community Development Director Rick Coel explained that government code allowed the board to extend the ordinance up to 22 months and 15 days.

While Herrick had ordered limitations on enforcements for qualified growers for the rest of the growing season, Coel said it was staff's opinion that it was needed to carry through into the next cultivation season. He said it would send a message to those coming from outside the county who are causing environmental harm at grow sites.

“I think the issues are still there,” Coel said.

He said the extension would take the ordinance out to July 6, 2014, which would give staff time to finish a permanent ordinance.

Coel said there was a concern that growers would attempt to vest their cultivation efforts if there was a gap between ordinances.

He told the board that his department is receiving two to three complaints every business day about marijuana grows all over the county.

Supervisor Denise Rushing said the county could still enforce the grading ordinance and fence height guidelines in county zoning. “What are we struggling with in terms of enforcement?” she asked.

Coel said his staff will continue to enforce grading and stormwater issues, and abate occupied travel trailers on vacant parcels as they relate to nuisance grows. However, he said he wants to have a sheriff's deputy present with staff when they visit the sites.

Criticisms and appreciation

During about an hour of public comment the board heard from people who didn't want the ordinance extended, including one man who was growing on a vacant eight-acre parcel where he was developing a home near Middletown.

He said he received no warning before Community Development Department and sheriff's personnel showed up to abate the 15 plants – for himself and two other medical marijuana patients – on his property. He questioned what kind of emergency threat his grow posed.

Phil Murphy of Finley criticized the county for not having permanent regulations in effect 16 years after Proposition 215 was passed.

The board also heard from people who were happy with the ordinance and what it was doing for the community, including Jeanette Bartley of Lakeport, who commended the board for its action.

Lakeport resident Greg Scott said the frustration and anger in the room needed to be turned toward volunteering to clean up the environmental damage from grows.

Thomas Wall, however, speaking against the ordinance, said he didn't want to be told to clean up the creeks, blaming federal prohibition on marijuana for the environmentally damaging grows.

Kelseyville resident Peter Windrem encouraged the board to continue the ordinance. Up through last Friday, when Herrick's ruling came down, Windrem said it was wonderful to have the feeling that “the tide was turning for once.”

Windrem said he had great respect for Herrick, who he called a good judge. “Even good judges can make mistakes.”

When public comment ended and the board began its discussion, Supervisor Jeff Smith said he believed the reason the room wasn't packed with people was because many of them were happy with what the board passed July 9.

“The only sensible thing to do is extend this, because we have something in place,” Smith said.

Supervisor Anthony Farrington said he saw the ordinance as a placeholder or stop-gap measure to get the county past Judge Herrick's ruling and to Jan. 1, 2013.

“Without it we have no regulatory framework,” Farrington said.

While some people had faulted the county for a lack of regulations, Farrington said the state and federal governments have not provided leadership on the issue.

He also pointed out that the county had put dispensary and cultivation ordinances in place last year, and they were rescinded after being challenged by separate referendums.

“I have no desire to continue to waste my time and a lot of taxpayer money on this issue,” he said.

Farrington said he believes a final ordinance needs to go before the voters, suggesting that a document could be ready by the next countywide general election in June 2014, a month before the interim urgency ordinance would expire.

He said that those who have tried to influence him through threats and political promises can keep those threats and promises to themselves, because they don't hold weight with him.

Rushing said she was in complete agreement with Farrington, and pointed out that the interim urgency ordinance closely mirrored suggestions that the board-appointed medical marijuana advisory board had made, with the exception or the smaller residential parcels. Rushing agreed that they needed to have a regulatory framework in place.

Supervisor Jim Comstock said the county has been working on marijuana regulations for years. Lake County has been viewed as the Wild West, where growers could do what they wanted. “That's not the case,” he said.

Not extending the ordinance “would put us right back where we were” before July 9, Comstock said.

Board Chair Rob Brown said that while he had voted against the ordinance on July 9, making it a 4-1 vote, that wouldn't happen this time.

While he said he still believed the plant counts were too high, especially on residential parcels in town, those issues could be addressed in a permanent ordinance.

He said the goal had been to make the matter a zoning issue, not a criminal issue, adding that Herrick’s ruling is once again making it a criminal issue.

Smith moved the ordinance, which the board approved 5-0.

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Details

Written by: Elizabeth Larson

Published: 22 August 2012

Supervisors to consider extending marijuana cultivation interim urgency ordinance

KELSEYVILLE, Calif. – The Board of Supervisors will hold a Tuesday evening hearing on a proposal to extend the county’s interim urgency ordinance on medical marijuana cultivation.

The hearing on the ordinance will begin at 6 p.m. Tuesday, Aug. 21, at the Kelseyville High School Activity Center, 5480 Main St. The meeting will not be televised live.

Board Chair Rob Brown said the meeting will begin at 4 p.m. and at 4:15 p.m. he will continue a previously noticed hearing on a pass-through fee on Mediacom customers to support PEG TV8, the county’s cable access television station. That hearing will be continued to 10:15 a.m. Tuesday, Aug. 28.

He then will adjourn the meeting until the 6 p.m. hearing on the interim urgency ordinance.

Following a daylong meeting held at the Lake County Fairgrounds on Monday, July 9, the board passed the temporary ordinance in a 4-1 vote, with Brown the dissenting vote.

The 45-day ordinance allowed 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. In addition, there were screening requirements.

Within days of its passage, the ordinance was challenged in court by Don Merrill, then a member of the county’s medicinal marijuana advisory committee, and three other anonymous plaintiffs who claimed that the guidelines did not allow them to meet their medical needs. They were later granted a temporary restraining order limited to just them.

Last Friday, Judge David Herrick granted a preliminary injunction on the ordinance, protecting all grows that adhere to the California Compassionate Use Act guidelines for the remainder of the calendar year.

However, for the purposes of the preliminary injunction Herrick rejected Merrill’s allegation that the ordinance was unconstitutional, finding it was not an attempt to amend the Compassionate Use Act.

Herrick’s finding that the ordinance was not unconstitutional at the preliminary injunction stage left the door open for the board to extend the ordinance for an additional 22 months and 15 days, which is staff’s proposal, according to County Counsel Anita Grant.

Untimed items on the Tuesday agenda include consideration of Supervisor Denise Rushing’s proposed resolution declaring a local emergency due to the Wye and Walker fires, which were fully contained on Saturday.

The full agenda follows.

TIMED ITEMS

4 a.m., A-1 through A-3: 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.

4:05 a.m., A-4: 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).

4:15 p.m., A-5: Public hearing, continued from Nov. 8 and Dec. 13, 2011, 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 HAS BEEN CARRIED OVER ONE WEEK, TO AUGUST 28, 2012, AT 10:15 A.M.)

6 p.m., A-6: Public hearing, consideration of proposed interim ordinance extending an urgency measure prohibiting commercial medical marijuana cultivation and cultivation on vacant properties, and limiting outdoor cultivation amounts in the county.

NONTIMED ITEMS

A-7: Supervisors’ weekly calendar, travel and reports.

A-8: Consideration of appointments to the Mental Health Board.

A-9: Consideration of proposed resolution declaring a local emergency due to the Wye and Walker fires.

CLOSED SESSION

A-10: 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, L. Guintivano, M. Perry, J. Hammond and A. Flora; and (b) Deputy District Attorney’s Association.

CONSENT AGENDA

C-1: Approve Minutes of the Board of Supervisors meeting held on August 14, 2012.

C-2: Approve in concept the Classification and Compensation Committee Recommendations to increase the salary of the Health Services Nurse Practitioner/Physicians Assistant, Grade A34 (Entry step $36.5500) and establish a Child Support Information Systems Analyst I classification and make the Information Systems Analyst class series a flex series, per the memorandum from Human Resources, dated August 8, 2012, and authorize the Human Resources Director to begin the meet and
confer process necessary to implement the recommendations.

C-3: Adopt resolution amending Resolution No. 2011-124 to amend the FY 2011-12 Adopted Budget by adjusting reserves, fund balance carry over, revenues, and appropriations in Mental Health Fund No. 145.

C-4: Adopt resolution approving submission of FY 2012 Emergency Management Performance Grant (EMPG) application ($138,120 with 50% County match), and authorize the chair to sign grant assurances.

C-5: Adopt resolution amending Resolution No. 2012-71, establishing position allocations for Fiscal Year 2012-2013, Budget Unit No. 5011, Social Services.

LAKE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS

C-6: (a) Approve easement deed and direct clerk to certify for recordation (APN 039-481-47 – Michael Zanoni and Lori Zanoni), and approve right of way agreement between the county of Lake and Michael Zanoni and Lori Zanoni for the construction of the wastewater force main sanitary sewer line, and authorize the chair to sign the agreement.

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082112 Lake County Board of Supervisors - Interim Marijuana Ordinance Report

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Written by: Elizabeth Larson

Published: 20 August 2012