How to resolve AdBlock issue? Clearlake City Council to consider $20.3 million 2012-13 budget
CLEARLAKE, Calif. – The Clearlake City Council will discuss the adoption of the budget for the new fiscal year when it meets this week.
The council meeting will take place at 6 p.m. Thursday, Aug. 9, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
City Manager Joan Phillipe will present to the council her first budget since her hire last fall.
She is proposing a balanced $20.3 million budget, with a $4.1 million general fund, according to her report to the council.
Also on the Thursday agenda, the council will consider adopting a resolution to put a one-cent sales tax measure on the Nov. 6 ballot.
The measure, which must pass with a 66-percent yes vote, will be used for street maintenance and code enforcement.
In other business, council members will hold the first reading of an ordinance to establish a one-percent pass-through fee on Mediacom subscribers in order to fund the county’s cable access television station, TV8.
The council also will consider staff comments and consider amendments to the new ordinance regulating smoking in city parks and certain other public places, and consider a resolution that would change the name of the portion of Ridge Road between Howard Avenue and Oakland Avenue to Ridge Avenue.
The Lakeshore Lions Club will receive a certificate from the council at the Thursday meeting in honor of the group’s July 4 festivities.
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Supervisors to hear marijuana ordinance report, consider lake sales tax and substation request
LAKEPORT, Calif. – The Board of Supervisors this week will hear from the Community Development Department director on the enforcements being carried out under an interim urgency marijuana cultivation ordinance passed last month, and also will hold a hearing for a proposed lake sales tax and consider the sheriff’s request to buy property for another substation.
The meeting will take place beginning at 9 a.m. Tuesday, Aug. 7, 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.
At 9:45 a.m. Community Development Director Rick Coel will make his presentation to the board on the interim urgency marijuana cultivation ordinance the board passed July 9.
Coel told Lake County News last week that so far 19 properties have been abated, with 2,000 plants removed as a result of grows violating the ordinance’s plant limits. He said he plans to ask the board to extend the ordinance when it ends Aug. 23.
At 10 a.m. the board will hold a public hearing on its proposed resolution to place a half-cent sales tax measure on the November ballot. The measure would be used for lake-related projects, including protecting Clear Lake against damaging invasive species, and mitigating aquatic weeds and algae.
Also on Tuesday, at 10:45 a.m. the board will consider Sheriff Frank Rivero’s proposal to purchase a property at 12539 Shady Lane in Clearlake Oaks for another sheriff’s substation. The property’s list price is $325,000.
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: Consideration of proposed resolution approving the standard agreement between the county of Lake and the California Department of Mental Health and California Department of Health Care Services, for the period of April 1, 2012 through Dec. 31, 2012, for a maximum amount of $6,288,495, and authorizing the Mental Health director to sign the agreement.
9:30 a.m., A-6: Presentation of proclamations to Don Prather and Ken Petz commending them for their years of service to the county.
9:45 a.m., A-7: Report to the Board of Supervisors regarding steps taken to alleviate Code Enforcement conditions necessitating the prohibition of commercial medical marijuana cultivation, cultivation on vacant properties and the placement of limitations on outdoor cultivation amounts in the county of Lake.
10 a.m., A-8: Public hearing, consideration of proposed resolution calling an election to submit to the electors a measure to adopt an ordinance adding Article VI to Chapter 18 of the Lake County Code imposing a transaction and use tax pursuant to Revenue and Taxation Code Section 7285.5 of one-half of one percent for the Lake County Invasive Species, Nuisance Aquatic Weed and Algae, and Water Quality programs and establishing an expenditure plan for the revenues generated.
10:30 a.m, A-9: Consideration of request to call a special election for the purpose of establishing a new appropriations limit for the next four fiscal years, pursuant to Section 4 of Article XIIIB of the California Constitution.
10:45 a.m., A-10: Consideration of proposed purchase of real property at 12539 Shady Lane, Clearlake Oaks (APN 035-111-35) for the establishment of a sheriff’s substation.
NONTIMED ITEMS
A-11: Supervisors’ weekly calendar, travel and reports.
A-12: Consideration of the following appointments: Building Board of Appeals, First 5 Lake Commission.
A-13: (a) Consideration of proposed resolution designating 15 percent of the full county payment amount received for Federal Fiscal Year 2012 pursuant to the Reauthorized Secure Rural Schools and Community Self-Determination Act of 2000 for County Fiscal Year 2012/2013; and (b) consideration of proposed Resolution designating the amount of funding to be allocated between Title II and Title III local projects pursuant to reauthorized Secure Rural Schools and Community Self-Determination Act of 2000 for County Fiscal Year 2012-13.
A-14: Consideration of proposed policy regarding department use and safeguarding of laptop computers, related accessories and agreement signature page.
A-15: (a) Consideration of request to waive the formal bidding process and make a determination that competitive bidding would produce no economic benefit to the county;and (b) consideration of request to authorize sheriff/coroner/assistant purchasing agent to issue a purchase order to Baker Distributing Inc. for the purchase of five HVAC units.
CLOSED SESSION
A-16: 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, L. Guintivano, M. Perry, J. Hammond and A. Flora; and (b) Lake County Deputy District Attorney’s Association.
A-16: 2. Conference with Legal Counsel: Significant Exposure to Litigation pursuant to Government Code Section 54956.9 (b)(3) A: One potential claim.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on July 24, 2012.
C-2: Adopt proclamations to Don Prather and Ken Petz commending them for their years of service to the county.
C-3: Appoint Sherylin Taylor as interim public health nursing director, effective Aug. 3, 2012.
C-4: Adopt resolution approving Lake County Health Services Department of submit acceptance paperwork from the California Department of Public Health (CDPH) Tuberculosis Control Branch (TBCB) for realtime allotment funding for tuberculosis (TB) cases in Lake County in the amount of $3,270 and authorizing the director of Health Services to sign said paperwork.
C-5: Approve lease agreement between the county of Lake and Bruno and Associates for commercial property located at 6312 13th Avenue, Lucerne, CA, at a rate of $986.75 per month, and authorize the chair to sign.
C-6: Approve agreement between the county of Lake and Jeri E. Owens, MD, for FY 2012/13 specialty mental health services, in the amount not to exceed $188,000, and authorize the chair to sign.
C-7: Approve first amendment to agreement between the county of Lake and Resource Development Associates for FY 2011-12 and 2012-13 project management services (changing the start date, removing the stipulation that a year end report is due for FY 2011/12 and including the Business Associate Agreement as Exhibit A), and authorize the chair to sign.
C-8: Approve amendment to space license agreement between the county of Lake and Digital Path Inc. for the lease of additional tower space and installation of four additional antennas at the Buckingham Peak telecommunications site, for an increase of $1,000 (one-time construction oversight and installation certification fee) $300 per month, and an increase in their road fee of $7.50 per month, and authorize the chair to sign.
C-9: (a) Approve Budget Transfer PB-001, to Budget Unit 7011 - Parks and Recreation, in the amount of $13,000 for purchase of replacement mechanical pumping system for Alpine Park; and (b) approve addition of this item to the list of Capital Assets authorized for purchase prior to adoption of FY 2012-2013 Budget, pursuant to AB 1253.
C-10: Adopt Resolution amending Resolution No. 2012-71 establishing position allocations for Fiscal Year 2012-2013, Budget Unit No. 5011 Department of Social Services (temporarily adding one(1) Eligibility Worker III).
C-11: Approve agreement between the county of Lake and Ruzicka Associates for engineering services on the Spring Valley Water System Improvement Project (extending completion date to July 30, 2013), and authorize the chair to sign.
C-12: Approve letter to Congressman Thompson requesting federal support for detail design and construction phase of the Middle Creek Restoration Project, and authorize all supervisors to sign.
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Lakeport City Council to consider hiring freeze exemption for utility workers
LAKEPORT, Calif. – The Lakeport City Council this week will consider offering an exemption to the city’s hiring freeze in order to recruit new utility workers.
The meeting will begin at 6 p.m. Tuesday, Aug. 7, in the council chambers at Lakeport City Hall, 225 Park St.
Public Works Director Mark Brannigan will ask the council to allow him the hiring freeze exemptions to hire a new water system operator and two maintenance workers.
Brannigan also will ask the council to rescind a 2007 resolution establishing a connection policy for the City of Lakeport Municipal Sewer District’s southern area, which he said had been passed in response to a state cease and desist order.
Community Development Director Richard Knoll will take to the council the Forbes Creek Neighborhood Improvement Study, seeking direction to staff to implement the study's recommendations subject to funding availability, project-specific environmental review and future approval by the city council.
The council also will be asked to approve the submission of the HOME Investment Partnership Program application and adopt the authorizing resolution, and to approve a utility billing delinquency list.
Also on Tuesday, the council will meet summer intern Alex Stempe, hear from county Public Health Officer Dr. Karen Tait about the Centers for Disease Control Survey on emergency preparedness and from the Lakeport Main Street Association about the business of the quarter and the business of the year.
The council will hold a closed session for labor negotiations with City Manager Margaret Silveira and to discuss a case of pending litigation, Operating Engineers Local Union No. 3 and Lakeport Police Officers Association v. City of Lakeport, Lakeport City Council (Lake County Superior Court Case No. CV410232).
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080712 Lakeport City Council Agenda and Meeting Packet
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County continues with enforcements under interim urgency marijuana cultivation ordinance; staff to seek extension
LAKE COUNTY, Calif. – Just over three weeks after the Board of Supervisors approved an interim urgency ordinance to govern the cultivation of medical marijuana, county officials are enforcing the document and abating large nuisance grows around Lake County.
Community Development Director Rick Coel said his department is working closely with the Lake County Sheriff’s Office in carrying out the interim urgency marijuana cultivation ordinance that the Board of Supervisors passed at a special meeting on Monday, July 9.
He said he’s also preparing to give the supervisors an update next week, and anticipates asking that the measure be extended when it runs out on Aug. 23.
The urgency 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.
Coel said that, as of Wednesday, the county had abated 19 properties as a result of the ordinance.
He said the properties were located around the county, in areas including Middletown, Nice, Kelseyville and Lucerne.
Of those 19 properties, Coel said 16 were parcels without a home on them and are therefore considered “vacant.” The interim urgency ordinance specifically prohibits marijuana cultivation on vacant parcels of any size.
Coel said 2,000 plants have been removed to date.
He said the enforcements are driven by complaints, and are not meant to harm legitimate medical marijuana patients.
The enforcements have carried on while, at the same time, a temporary restraining order action worked its way through the Lake County Superior Court.
Coel said the case – filed just days after the board passed the ordinance – didn’t stop the abatement process.
Last Friday, Judge David Herrick granted a limited temporary restraining order for the four plaintiffs – including former county medicinal marijuana cultivation advisory board member Don Merrill and three people who so far have remained anonymous.
Herrick said the order was limited to protecting the plaintiffs and was not a “global” ruling.
Attorney Joseph Elford, who represents the four plaintiffs in the case, had offered a solution at the Friday hearing – that the county could accept a temporary restraining order guaranteeing it would keep its word about leaving legitimate medical marijuana patients alone.
Senior Deputy County Counsel Bob Bridges said he didn’t have the power to accept that agreement, which he said ultimately would inhibit the county with moving forward on its efforts.
However, Bridges guaranteed to the court that it was the problem grows that were the county’s focus, not bona fide patients.
Elford faulted the county for not accepting his proposal, and dismissed their assurances.
“That’s all well and good but they won’t agree to it formally, and that’s the problem,” said Elford.
‘Egregious’ environmental issues
Coel said that during the abatement process “egregious” environmental problems have discovered – from raw human sewage dumped on the ground to unpermitted greenhouses and grading on steep properties, as well as significant amounts of nutrient rich topsoil that had been imported to some properties and which must be removed by winter.
“Some of these sites, we have not figured out just how we’re going to abate them,” said Coel, citing rugged terrain among the challenges.
He said they found plastic swimming pools being used for planter boxes. Abating the pools will be tricky – Coel said they can break up easily, leaving bits of plastic all over the properties.
They also discovered a 16-foot swimming pool filled with water that he said could pose a danger to wildlife or to children, and would be a mosquito breeding ground.
So far, there have been seven arrests as a result of abatement efforts under the ordinance, with Coel reporting that all seven subjects arrested were from outside of Lake County. Three of them were not U.S. citizens.
In addition to violating local laws, Coel said none of those arrested had the proper documentation to grow legally under California’s medical marijuana laws.
He credited the ordinance with empowering county staff to go into the grows quickly and conduct compliance reviews when they receive complaints.
“The number of complaints we’re receiving has increased dramatically since the board passed this ordinance,” he said.
Complaints are focusing on vacant sites where camping is taking place and sewage is being dumped, with gunfire, animal poaching, stormwater and grading violations, and wildland fire potential being among the chief concerns. In the process, Coel said they’re finding what he called “commercial” grow operations.
Coel said the county still doesn’t know the identity of the two John Does and the Jane Doe involved in the suit over the county’s ordinance, but as for Merrill, “There was never any intention to go after him,” because no complaints have been lodged against him and he only has a few more plants than the ordinance allows.
Likewise, Coel said the eradications are not targeting small growers taking care of their medical needs. “If they’re just taking care of their own needs, there’s no reason, we want to leave them alone.”
He maintained that ample time is being given to property owners where abatements are planned. Coel said they give 48 hours notice before removing plants, and in one recent case gave a grower with 80 plants – on a property size with a limit of 36 plants – two weeks before they took action. When they did, they found many of the plants in a seasonal creek bed, which is a violation of state law.
Coel said people can’t be allowed to come into Lake County and decimate the environment and properties.
“They don’t care who they impact, and those are our primary targets,” he said. “We owe that to our communities.”
Plans to seek an extension
The Lake County Zoning Ordinance, Coel said, doesn’t specifically allow either for medical marijuana dispensaries or cultivation. That’s a view that the county has maintained as the marijuana issue has intensified over the last several years.
The urgency ordinance, he added, is the only document in force that allows for reasonable amounts of cultivation.
Coel said the ordinance, which runs out Aug. 23, is effective and he plans to ask the supervisors to extend the ordinance.
“We believe that there’s still very strong grounds to extend it,” he said, adding the board could easily make the findings necessary to justify the extension.
The ordinance could be extended up to a maximum of 22 additional months, he said.
“The problems that we’ve been trying to mitigate under this ordinance are nowhere near fixed yet, so we need more time,” Coel said.
There are additional issues that have come up that the ordinance didn’t anticipate, including large grows in mobile home park spaces – which only have three-foot setbacks – and pot grows on the properties of apartments and other multifamily properties. Coel said he’ll ask the board to consider addressing those problems.
There is, however, still the issue of the preliminary injunction that Merrill and his three co-plaintiffs are seeking as the next step in their suit.
At the temporary restraining order hearing last week, Judge Herrick set the preliminary injunction hearing for 2:30 p.m. Wednesday, Aug. 15.
Whatever injunctive relief is offered, Elford said his clients’ goal is for a ruling that will encompass not them but other people who are “similarly situated.”
Elford said they’re looking for an explanation of what the law is, with a view to having the law apply the same to everyone.
That Aug. 15 hearing date could end up changing; Elford suggested it could even be canceled if the county is willing to change the ordinance in a way that’s palatable to his clients.
To avoid continued litigation, Elford said the county could make its ordinance match California law.
He said that includes allowing for a greater number of plants to be cultivated on larger parcels and also allowing qualified patients to grow what is necessary for their personal medical use, without the limits the ordinance imposes.
“The problem is the details of such an agreement,” Elford said, adding, “I think both sides appreciate the difficulty there.”
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080712 Lake County Board of Supervisors - Marijuana Ordinance Update
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Clearlake City Council plans special Aug. 2 meeting
CLEARLAKE, Calif. – The Clearlake City Council is planning a special Thursday meeting to discuss a vehicle purchase, award the city’s Transportation Enhancement project and hold a budget study session.
The council will meet beginning at 8 a.m. Thursday, Aug. 2, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
Items on the agenda include the council’s requested authorization to purchase one marked 2011 Ford Crown Victoria, at a cost of approximately $26,940.87, from Folsom Lake Ford for the Clearlake Police Department.
Council members also will consider awarding the Transportation Enhancement project, which actually consists of two projects – the Austin Park curb, gutter, sidewalk and bike lane project and the Old Highway 53 bike lane project.
City Manager Joan Phillipe’s report explained that all of the bids came in over the engineer’s estimate of $442,604 due to higher costs for asphalt concrete and road excavation.
“While over the past several years, due to the economy, it has not been unusual for project bids to come in under the engineer’s estimate, recent economic trends indicate that there is a turnaround underway,” Phillipe wrote.
Phillipe told the council that staff is not recommending putting the projects out for new bids, as they’re concerned that the next round of bids the city receives may be higher still.
The projects also are mostly funded by a Transportation Enhancement grant – along with Proposition 42 funds and additional money through the Lake County/City Area Planning Council – which requires the overall bid be awarded by Aug. 22, Phillipe reported.
She said staff is recommending the council award the bid to the lowest bidder, Granite Construction, which came in at approximately $502,541.85.
The council also will continue its work on the proposed 2012-13 fiscal year budget during a study session at the meeting.
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080212 Clearlake City Council - Police Vehicle Purchase Request080212 Clearlake City Council - Bid Award
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