How to resolve AdBlock issue? Marijuana cultivation urgency ordinance hearing postponed until July
LAKEPORT, Calif. – After hundreds of people crowded into the Lake County Courthouse for a Tuesday afternoon hearing on an interim urgency ordinance on marijuana cultivation, the discussion was postponed when the fire marshal shut down the meeting,
As a result, the Board of Supervisors rescheduled the hearing, planning a special meeting at 9 a.m. Monday, July 9, at the Little Theater at the Lake County Fairgrounds, 401 Martin St., Lakeport.
At a meeting two weeks ago the board directed Community Development Director Rick Coel to come back with an interim urgency ordinance to address the marijuana-related problems that have arisen around the county in the summer growing season.
That direction came in the wake of the failure of the marijuana cultivation initiative Measure D, which was on the June 5 ballot.
Lake County residents voted down the measure 66 percent to 33 percent after a number of community groups – along with the Board of Supervisors and the two local city councils – came out against the initiative, which tried to secure right to farm protections for marijuana growers.
Measure D proposed to allow up to 12 plants on the smallest residential parcels and up to 84 plants on parcels seven acres and larger.
By comparison, Coel’s proposed urgency ordinance – based on marijuana cultivation advisory committee suggestions – calls for outdoor cultivation of no more than three mature female or six immature marijuana plants on a parcel half an acre or less, and no more than six mature female or 12 immature marijuana plants on residential parcels half an acre or larger.
It also would provide “a clear local land use ordinance” to prohibit cultivation on vacant, undeveloped properties, Coel wrote in his report.
Shortly before noon on Tuesday people had started crowding into the first floor of the courthouse building on N. Forbes, where the board meetings are held.
A line of people stretched out the front of the building and down the block, as people waited to be screened in order to gain entrance to the courthouse.
The hearing originally had been scheduled to begin at 1:30 p.m., but the board had a full agenda and was well behind by the time it broke for lunch, so the meeting was set to reconvene at 2 p.m.
However, just before 2 p.m. the decision was made to delay the hearing after Lakeport Fire Chief Ken Wells appeared and notified the board that the chambers was well over capacity.
Board Chair Rob Brown said they would need to clear out a large number of people – including many in the board chambers and more in the courthouse lobby – in order to move forward with the hearing Tuesday afternoon.
“We would rather not do that,” he said.
He recommended they reschedule the discussion for a Monday, with no other items on the agenda, and in a venue that was large enough to accommodate everyone.
After brief discussion, Brown left to call the fairgrounds, which agreed to host the meeting.
After the meeting was rescheduled, people spilled into the lobby and out onto the front steps, clogging the walkway.
Past Board of Supervisors and Lake County Planning Commission meetings have been lengthy and contentious when it comes to marijuana.
An April 2011 planning commission meeting on marijuana regulations was postponed and moved to the Lake County Jail after a bomb threat was phoned in to the courthouse.
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Lakeport City Council to hold special Tuesday meeting on police officer retirement changes
LAKEPORT, Calif. – The Lakeport City Council will hold a special Tuesday meeting to discuss a contract amendment regarding retirement benefits for the city’s police officers.
The meeting will begin at 5 p.m. Tuesday, June 26, in the council chambers at Lakeport City Hall, 225 Park St.
An ordinance authorizing an amendment to the contract between the Lakeport City Council and the Board of Administration of the California Public Employees’ Retirement System will be introduced at the Tuesday meeting.
At its meeting June 19, the council approved a resolution of intention to approve the amendment regarding the Lakeport Police Officers Association.
In 2006 the council agreed to a 3 percent at age 50 formula for officers after the officers gave concessions, including giving up 1 percent a year in salary increases for several years.
The 3 percent at 50 formula gives officers the ability to retire, starting at age 50, with a benefit value of 3 percent for every year of service.
However, the council in 2010 refused to take the final steps to finalize the retirement changes and the Lakeport Police Officers Association sued the city last year.
As the result of negotiations with the association for a new memorandum of understanding and as part of the lawsuit’s tentative settlement agreement, the city is proposing a 3 percent at age 55 retirement formula.
The current retirement package for the city’s safety officers is 2 percent at 50, according to City Manager Margaret Silveira’s report to the council.
The city’s annual contribution rate to police retirement will go up from 34 percent to 39 percent, rising from $205,772 under the 2 percent at 50 to $235,350 under 3 percent at 55, or a $29,588 increase for the 2012-13 fiscal year, according to Silveira’s report.
If approved, the ordinance’s second reading will be held at 6 p.m. Tuesday, July 17.
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Supervisors to hold hearing on urgency ordinance regarding marijuana cultivation
LAKEPORT, Calif. – This week the Board of Supervisors will hold a public hearing to discuss a proposed interim urgency ordinance to address issues arising from marijuana cultivation.
The meeting will begin at 9 a.m. Tuesday, June 26, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.
The public hearing on the interim urgency ordinance is scheduled for 1:30 p.m.
Community Development Director Rick Coel’s report to the board explains, “This temporary urgency ordinance is intended to provide a clear local land use ordinance to prohibit cultivation on vacant, undeveloped properties, while also setting limits on the amount of medical marijuana allowed on properties developed with residences, particularly within residential neighborhoods.”
The document calls for outdoor cultivation of no more than three mature female or six immature marijuana plants on a residential parcel half an acre or less. On residential parcels half an acre or larger, there may be no more than six mature female or 12 immature marijuana plants.
A four-fifths vote of the board is required to pass the interim ordinance, Coel reported.
Also on Tuesday, at 9:45 a.m. Supervisor Denise Rushing will give an update on activities at Clarks Island in Clearlake Oaks.
At 11 a.m. the board will hold a discussion of a voter opinion survey for a countywide transportation sales tax measure and will continue a discussion held over from June 19 regarding a proposed sales tax measure to provide funding for lake-related programs.
In an untimed item, the board will consider a proposed memorandum of understanding between the county of Lake and the Lake County Deputy Sheriffs’ Association.
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: Consideration of proposed resolution amending Resolution 2012-07 declaring the public necessity for taking and condemning property for sanitary sewer force main pipeline project and authorizing the filing of suit for condemnation.
9:45 a.m., A-6: (a) Presentation of update on Clarks Island volunteer efforts; (b) presentation of University of San Francisco’s engineering and architectural design for island shade structure and consideration of development of a detailed design; (c) consideration of request for authorization for community to initiate fundraising for island shade structure; and (d) consideration of request to eliminate the marina portion of the original Clarks Island conceptual design. Continued from May 22.
10:30 a.m., A-7: Consideration of proposed agreement between the county of Lake and the Lake Transit Authority to establish a pilot program for a seasonal bus route along the Mt. Konocti Trail.
11 a.m., A-8: (a) Discussion of voter opinion survey for a countywide transportation sales tax measure; and (b) consideration of proposed countywide transportation sales tax measure to provide funding for road maintenance projects in the cities of Clearlake and Lakeport, and the unincorporated areas of the county; and (c) continued from June 19, consideration of proposed sales tax measure to provide funding for lake related programs.
1:30 p.m., A-9: Public hearing, consideration of proposed urgency measure prohibiting commercial medical marijuana cultivation and cultivation on vacant properties, and limiting outdoor cultivation amounts in the county of Lake, and declaring the urgency thereof.
NONTIMED ITEMS
A-10: Supervisors’ weekly calendar, travel and reports.
A-11: Consideration of proposed Memorandum of Understanding between the County of Lake and the Deputy Sheriffs’ Association (DSA).
A-12: (a) Consideration of proposed resolution to appropriate unanticipated revenue ($70,000 from the Cal-EMA Public Safety Interoperable Communications Grant Program); (b) consideration of proposed
Budget Transfer B-334, from Special Department Supplies, in the amount of $17,500; (c) 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 (d) consideration of request to purchase five portable repeater systems, twenty-five Kenwood NX700H mobile radios and forty-five NX200K
portable radios, per the sheriff’s memorandum dated June 13, 2012.
CLOSED SESSION
A-13: 1.Conference with labor negotiator: (a) County Negotiators: A. Grant, S. Harry, L. Guintivano, M. Perry and J. Hammond; and (b) employee organizations Lake County Deputy Sheriff's Association and Lake County Deputy District Attorney's Association.
A-13: 2. Conference with legal counsel: Existing litigation pursuant to Government Code Section 54956.9: Application of Pacific Gas and Electric Co. for approval of modifications to its SmartMeter Program (CPUC Applications 11-03-014; 11-03-015; 11-07-020).
A-13: 3. Employee Disciplinary Appeal ED 2012-04.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on June 19, 2012.
C-2: Adopt Resolution approving application for funding under the United States Department of Agriculture’s Rural Development Community Facilities Program to update book and audiovisual collections and replace computer equipment at the Redbud Library.
C-3: Adopt Resolution appropriating unanticipated revenue to Budget Unit 2601, Ag Commissioner, to fund weed control programs.
C-4: Approve out of state travel for Officer Morgan Hermann and Kennel Coordinator Sara Schramm to attend the Equine Investigators Academy Aug. 20-25, 2012 in Durango, Colo.
C-5: Appoint Alan Flora as interim deputy county administrative officer, at Step 1, effective July 1, 2012.
C-6: Approve amendment to county policy regarding reimbursement of travel expenses and use of county vehicles for volunteers (adding wording to include the Victim-Witness Division).
C-7: Approve agreement between the county of Lake and Sacramento Children’s Home for FY 2012-13 specialty mental health services, in the amount of $20,000 (with a 25% modification clause), and authorize the chair to sign.
C-8: Approve agreement between the county of Lake and Redwood Children’s Services for FY 2012-13 Transitional Age Youth (TAY) Peer Support Program, for a maximum amount of $24,000, and authorize the chair to sign.
C-9: Approve agreement between the county of Lake and Redwood Children’s Services for the FY 2012-13 MHSA Transitional Age (TAY) Drop-In Center, for a maximum amount of $50,000, and authorize the chair to sign.
C-10: Approve agreement between the county of Lake and Redwood Children’s Services for the FY 2012-13 specialty mental health services for Lake County foster care children and youth, for a maximum amount of $75,000, and authorize the chair to sign.
C-11: Approve agreement between the county of Lake and Redwood Children’s Services for the FY 2012-13 specialty mental health services for children & youth enrolled in the Lake County WRAP
Program, for a maximum amount of $300,000, and authorize the chair to sign.
C-12: Approve agreement between the county of Lake and Clover Valley House for FY 2012-13 residential support services, for an amount not to exceed $56,250, and authorize the chair to sign.
C-13: Approve agreement between the county of Lake and Konocti Senior Support Inc., for FY 2012-13 Senior Peer Counseling and Friendly Visitors Program, for a maximum amount of $76,000, and authorize the chair to sign.
C-14: Approve agreement between the county of Lake and Women’s Recovery Services for FY 2012-13 provision of residential treatment services, for a maximum amount of $15,000, and authorize the chair to sign.
C-15: Approve agreement between the county of Lake and Hilltop Recovery Services for FY 2012-13 residential treatment services, for a maximum amount of $15,000, and authorize the chair to sign.
C-16: Approve agreement between the county of Lake and Ford Street Project Residential and Social Model Detoxification Services for FY 2012-13 residential and social model detoxification services, for a maximum amount of $15,000, and authorize the chair to sign.
C-17: Approve agreement between the county of Lake and the Lake County Office of Education - Safe Schools Healthy Students Program for FY 2012-13 specialty mental health services, for a maximum amount of $203,000 (with a modification clause), and authorize the chair to sign.
C-18: Approve agreement between the county of Lake and Resource Development Associates for FY 2011-2014 Mental Health Service Act Innovation Project Management, for a total amount of $144,800, and authorize the chair to sign.
C-19: Approve agreement between the county of Lake and Sten-Tel Transcription Service for FY 2012-13 transcription services, for a maximum amount of $10,000, and authorize the chair to sign.
C-20: Approve agreement between the county of Lake and Mary McMillan, MFT for FY 2012-13 mental health services for youth placed at Lake County Juvenile Hall, for a maximum amount of $13,000, and authorize the chair to sign.
C-21: Approve agreement between the county of Lake and Milhous Children’s Services for FY 2012-13 specialty mental health services, for a maximum amount of $150,000, and authorize the chair to sign.
C-22: Approve agreement between the county of Lake and North Valley Behavioral Health for FY 2012-13 psychiatric health facility services for a maximum amount of $300,000, and authorize the chair to sign.
C-23: Approve agreements between the county of Lake and PJ Helicopters (rate of $790 per hour, not to exceed $60,000), A&P Helicopters (rate of $850 per hour, not to exceed $60,000), and Sierra Air Helicopters Inc. (rate of $540 per hour, not to exceed $15,000), for FY 2012-13 marijuana reconnaissance and eradication on public and private lands, and authorize the Chair to sign the agreements.
C-24: Approve Advanced Salary Step Appointment (Career Level) for Long Term Care Ombudsman Debra Wagner.
C-25: Approve late travel claim of Welfare Fraud Investigator Ryan Raabe, in the amount of $1,689, as recommended by Social Services director’s memorandum dated June 7, 2012.
C-26: Approve Budget Transfer B-340, from Housing Administration Fund (No. 90) Contingencies, in the amount of $40,000 to restore appropriation for Salaries and Wages.
LAKE COUNTY PUBLIC AUTHORITY BOARD OF DIRECTORS
C-27: Approve letter terminating California Association of Public Authorities (CAPA) membership, and authorize the Social Services director to sign.
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062612 Board of Supervisors - Interim Marijuana Cultivation Urgency Ordinance
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Clearlake mayor attends conference for young elected officials
CLEARLAKE, Calif. – Clearlake’s mayor had the chance this past week to attend a conference aimed at young leaders and, at the same time, got to meet Washington, DC lawmakers and Hollywood entertainers.
Clearlake Mayor Joey Luiz attended the Young Elected Officials Network (YEO) National Convening in Washington, DC.
“I am honored to take part in this wonderful gathering of local community leaders,” Luiz said. “I cannot wait to return home and apply what I have learned so I can improve the job I do for the citizens of Clearlake.”
YEO is and an organization sponsored by The People for the American Way Foundation. The conference is aimed at progressive young elected leaders all over the United States, age 18-35, from school board, local and state levels.
The organization is dedicated to building communities through policies that reflect freedom, fairness and opportunity.
The conference focused its attendees on developing leadership skills, enhancing ideas and networking with policy developing organizations.
Instructors and speakers included Maurice Joans, deputy secretary of the U.S. Department of Housing and Urban Development; Kathleen Sebelius, secretary of the U.S. Department of Health and Human Services; and Facebook Executive Adam Conner.
The conference was preceded by the celebration of People for the American Way founder Norman Lear’s 90th birthday. Lear also is the creator of “All in the Family,” “The Jeffersons” and “good times.”
Besides Mayor Luiz, his partner Aaron Mearns and the YEO’s other attendees, other guests in attendance at the celebration, held at the Kennedy Center, included Kathleen Turner, Jane Lynch, House Minority Leader Nancy Pelosi (D-Calif.) and Doris Roberts.
“We had an incredible time sharing with all the distinguished guests about where we are from and informing them about what a beautiful place Lake County is to visit,” added Luiz. “I also informed the celebrity and political leader wine drinkers that the award winning Lake County wines would blow them away.”
This YEO event is the last in several meetings and conferences the mayor has traveled to with the intent of improving his policy making skills and staying informed on issues that affect municipal government. This is the first out of state event he has attended since being elected to the Clearlake City Council in 2010.
He said no city funds have been used in any of his trips.
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Sales tax for lake maintenance under discussion
LAKEPORT, Calif. – The concept of a sales tax measure to fund programs to improve the health of Clear Lake went before the Board of Supervisors this week and was informally discussed by the Lakeport City County as well.
Supervisor Anthony Farrington took the issue to the board at its meeting this past Tuesday, asking for the consideration of a one-quarter to half-cent sales tax measure for lake-related programs. He noted during the discussion that he was personally leaning toward a half-cent tax.
“We’ve talked about this as an entire board for quite some time,” he said.
The county appropriated $1.3 million for the current fiscal year for various lake programs, and Farrington said that money will be expended by the end of this summer.
The revenues from the proposed measure would be used for abatement of aquatic weeds and algae, and protecting the lake from invasive mussels, he said. The funds would not be used for funding government administration, salaries or benefits.
Because Farrington wants to ensure that the money is used for the lake, he proposed pursuing a specific use tax, which would require a super majority of at least 66 percent.
“That way the voters know that money is locked in,” he said.
Farrington said the tax could bring in $2.2 million a year, and would increase as the economy improves.
On a $20 purchase, the quarter-cent sales tax would amount to five cents, and the half-cent sales tax would amount to 10 cents.
Supervisor Denise Rushing thanked Farrington for bringing the proposal forward.
“It’s really hard to get 66 percent. It’s going to be really, really difficult to do that,” she said.
However, she suggested that if people in the county can rally around something, it should be Clear Lake.
Supervisor Jeff Smith wanted to put the discussion off a week and bring it back on Tuesday, June 26, when the board is expected to discuss another proposed sales tax measure for roads.
The Lake County/City Area Planning Council has presented the idea to both city councils and will make a presentation to the board at the June 26 meeting.
“We can’t do two sales tax measures as far as I’m concerned,” Smith said.
He added, “It looks like we’re getting greedy.”
Smith said the road tax measure has been in the works for years.
The county and the two cities needed to come up with something on which they could all agree, Smith said. “Otherwise we could be left out in the cold.”
Smith said there will need to be a concerted effort to sell the road sales tax to the community, as Measure P – which supports the Clearlake Police Department – was promoted to voters in 1996. As a result, there was an 86 percent “yes” vote.
“I don’t want to be in a scenario where we’re pitting the roads against the lake or vice versa,” said Farrington.
He said he saw a very engaged process with the effort to defeat Measure D, which was a voter initiative regarding marijuana cultivation which was defeated 66 percent to 33 percent on June 5.
Farrington said the people spoke loud and clear. “I think they were dead on.”
The same engaged process needs to be used to address the lake, he said.
He said the board has worked hard on lake issues over the last decade and made a lot of headway, and recently has had no complaints about aquatic weeds.
However, they already are getting calls about algae blooms and matting, and Farrington said he has business owners telling him they will close their doors if nothing is done.
If invasive mussels – such as the quagga or zebra – get into the lake, it’s going to be a whole new game, he said.
The board decided to hold the discussion over, and will bring it back on June 26 along with the road tax matter.
A need to think regionally
Farrington attended the Lakeport City Council later that day along with county Public Works Director Scott De Leon.
De Leon gave the council an update on the Lake County Water Resources aquatic weeds program, which came from the $1.3 million the county set aside for lake projects.
He said they developed a management area around the lake with the goal of making it usable. Last year was the first time it was implemented.
The result has been one of Water Resources’ most successful programs. De Leon said Farrington hasn’t received any aquatic weed complaints.
De Leon said 230 surface acres lakewide are being treated in the program. Before the program started, the county was only treating 25 to 30 acres of the lake.
They’ve cleared boating lanes and put out red and green navigational buoys. “If you follow the buoys you’ll stay out of the weeds,” De Leon said.
The entire program costs $315,000, while treating the 55 acres along the Lakeport shoreline costs $68,750, De Leon said.
“It’s really important to note that we’re out of money,” said De Leon.
Recently retired County Administrative Officer Kelly Cox put the $1.3 million for lake projects aside two years ago.
“We're going to be exhausting that one-time money at the end of this season,” De Leon said.
Referring to the board’s lake sales tax discussion earlier that day, De Leon said he couldn’t speak for the board but his interpretation of their comments was that the supervisors supported putting it before voters.
With the county unlikely to get help from the state or federal governments for lake issues, De Leon said the county was at a crossroads.
“We’re not going to be able to continue the program without any outside funding,” he said.
If just one sales tax measure was to pass, “Which tax would you prefer?” Lakeport Mayor Stacey Mattina asked De Leon.
De Leon said he couldn’t offer an opinion.
“That’s all you have?” Mattina asked.
“Each is important to our county,” said De Leon.
“The lake is arguably the economic engine for Lake County,” he said, but roads are needed to get there.
He said he prefered to say that it’s important for all citizens in Lake County to realize that the county does not have funds from the state “to do what we need to do” – whether it’s for the roads or the lake.
De Leon said the lake needs to be protected first and foremost from the quagga mussel, which also will exacerbate weeds and algae issues.
“Our lake will significantly decline if those things get in here,” he said.
“We do not have any help and we're not going to get any help. And that's the bottom line,” said De Leon, telling the council that everyone needed to think regionally.
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