Supervisors to discuss Holiday Harbor Market Development Plan, marijuana cultivation
LAKEPORT, Calif. – The Board of Supervisors will discuss a plan for a county-owned property in Nice and consider giving direction to staff on marijuana cultivation when it meets on Tuesday.
The meeting will begin at 9 a.m. Tuesday, June 12, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.
At 9:15 a.m., the board will hold a public hearing on the proposed Holiday Harbor Market Development Plan and the Lake County Economic Development Strategic Marketing Plan. The county has owned the property since 2009.
The plan offers “a bold vision for the potential of the site and the community of Nice,” according to a report to the board from county Administrative Analyst Alan Flora.
Also on Tuesday, in a discussion set for 1:30 p.m., the board will discuss a request for direction regarding how to handle marijuana cultivation-related issues in the county.
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).
9:15 a.m., A-5: Public hearing, consideration of proposed Holiday Harbor Market Development Plan and the Lake County Economic Development Strategic Marketing Plan.
9:30 a.m., A-6: Hearing, nuisance abatement of 8295 North Heights Drive, Kelsevyille, CA (APN 045-082-16 - Orville Chambers).
9:45 a.m., A-7: Consideration of proposed work and financial plan between the county of Lake and the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service Wildlife Services (APHIS-WS) for County trapping services.
10 p.m., A-8: Public hearing, consideration of proposed ordinance amending Chapter 3 of the Lake County Code pertaining to the abatement of unmanaged, neglected and abandoned pear and apple trees.
10:15 p.m., A-9: Public hearing, discussion/consideration of appeal (AB 12-01) of the Planning Commission’s decision to deny the use permit (UP 11- 09) for a five year time extension for an existing off-site advertising sign (billboard); appellant is La Monica Signs; site location is 255 Soda Bay Road, Lakeport (APN 008-019-64).
10:30 p.m., A-10: Public hearing, consideration of proposed ordinance amending Article IX of Chapter Fifteen of the Lake County Code relating to the inspection program for all water vessels launched in Lake County.
11 a.m., A-11: Public hearing, consideration of proposed ordinance amending Chapter 2 of the Lake County Code to amend various provisions of the Purchasing Code.
11:15 a.m., A-12: Public hearing, consideration of proposed resolution approving resolutions and Capital Fire Facility and Equipment Plans submitted by Lake County Fire Agencies and updating the Lake County Capital Fire Facility and Equipment Plan.
11:30 a.m., A-13: Consideration of sheriff’s recommendation to not renew agreement between the county of Lake and BI Inc. to operate the Jail Education and Employment Program (JEEP).
1:30 p.m., A-14: Consideration of request for board direction regarding marijuana cultivation.
NONTIMED ITEMS
A-15: Supervisors’ weekly calendar, travel and reports.
A-16: Consideration of recommendation to approve advanced step placement of chief probation officer.
A-17: Consideration of proposed resolution amending Resolution No. 2011-125 establishing position allocations for Fiscal Year 2011-2012, Budget Unit No. 4012, Health Services Administration (adding one business software analyst position).
A-18: (a) Consideration of proposed agreement between the Lake County Watershed Protection District and the University of California, Santa Cruz, in the amount of $114,578, for Clear Lake limnological analysis services; and (b) consideration of proposed agreement between the Lake County Watershed Protection District and the University of Southern California, in the amount of $89,650, for Clear Lake limnological analysis services.
CLOSED SESSION
A-19: 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-19: 2. Conference with legal counsel: existing litigation pursuant to Government Code Section 54956.9: (a) Paulich v. County of Lake, et. al.; and (b) Lake County Deputy Sheriff’s Association v. County of Lake (Sheriff’s Department).
A-19: 3. Public employee appointment: County administrative officer/clerk of the board.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on June 5, 2012.
C-2: Adopt proclamation commending Bob King on his contributions to the Lake County flying community.
C-3: Adopt resolution approving cooperative agreement No. 12-0181-SA, The Organic Program, with the Department of Food and Agriculture during the period July 1, 2012, through June 30, 2013, and authorizing the execution thereof.
C-4: Authorize the clerk of the board to provide notice to Konocti Unified School District that the county of Lake will not authorize issuance of tax and revenue anticipation notes on behalf of the district, pursuant to Government Code Section 53853.
C-5: Approve first amendment to the agreement between the county of Lake and Archaeological Services Inc., for archaeological services for Clearlake Oaks Safe Routes to School Sidewalk Project, for an increase of $14,600, and an extension of the term, and authorize the chair to sign.
C-6: Approve agreement between the county of Lake and Pavement Engineering Inc., for geotechnical engineering services for the Nice-Lucerne Cutoff and Lakeshore Boulevard Rehabilitation Projects in Lake County, in the amount of $26,585, and authorize the chair to sign.
C-7: Adopt resolution amending Resolution No. 2011-125 establishing position allocations for Fiscal Year 2011-2012, Budget Unit No. 8695, Special Districts Administration (add one (1) meter reader/ connection technician i/ii and delete one (1) customer service field representative).
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Supervisors to consider agreement with Marymount College for campus at Lucerne Hotel

LAKEPORT, Calif. – The Board of Supervisors will consider approving a memorandum of understanding with Marymount College to establish a campus at the Lucerne Hotel when it meets this week.
The meeting will begin at 9 a.m. Tuesday, June 5, 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 discussion of the memorandum of understanding is an untimed item.
The county issued a request for proposals seeking educational institutions wanting to use the Lucerne Hotel as a campus in June 2011, according to County Administrative Officer Kelly Cox's report to the board.
The board approved the selection of Southern California-based Marymount's proposal last October, and directed staff to work on the agreement, Cox said.
Cox's report explains that a memorandum of understanding has been developed following several months of negotiations between the college and county. He said a lease agreement for the property is still to be finalized.
“In advance of executing an actual lease agreement, the decision was made to prepare a MOU in order to document both parties' intentions and responsibilities,” Cox wrote. “The terms of the MOU have been negotiated by staff and the MOU is being submitted concurrently to the Board of Supervisors and the Marymount College Board of Trustees, for formal approval.”
Cox is asking for the board's approval of the approved MOU, and also is seeking direction to finalize a lease agreement for the facility “and return to the Board with the lease as soon as possible.”
The full meeting 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).
9:15 a.m., A-5: Hearing, nuisance abatement of 1806 W. Martin St., Lakeport, CA (APN 015-010-10 - Positive Force LLC).
9:30 a.m., A-6: Consideration of proposed changes to the Lake County Jail food services.
10 a.m., A-7: Report from the Clearlake Oaks-Glenhaven Business Association on the success of the 2012 Catfish Derby.
1:30 p.m., A-8: Closed session, interview of applicants for county administrative officer and appointment of county administrative officer/clerk of the board.
NONTIMED ITEMS
A-9: Supervisors’ weekly calendar, travel and reports.
A-10: Consideration of proposed memorandum of understanding between the county of Lake and Marymount College to establish an educational campus at the Lucerne Hotel/Castle.
A-11: Consideration of proposed memorandum of understanding between the county of Lake and the Lake County Correctional Officers’ Association.
A-12: Consideration of proposed budget transfer in the amount of $45,000 for ancillary services charged to the Public Defender budget.
A-13: Consideration of proposed replacement of courthouse telephone system, and budget transfer to utilize salary savings in the Information Technology budget for the purchase of a new phone system.
A-14: Consideration of request to award Bid No. 12-12 for the asphaltic emulsion seal coat for summer pavement preservation projects on various county roads.
A-15: Consideration of proposed maintenance agreement and web services addendum between the county of Lake and Megabyte Systems Inc. for the fiscal year 2012-13 Megabyte Property Tax System.
CLOSED SESSION
A-16: 1. Conference with Labor Negotiator: (a) County Negotiators: A. Grant, S. Harry, L. Guintivano, M. Perry and J. Hammond; and (b) Lake County Deputy Sheriff's Association and Lake County Deputy District Attorney's Association.
A-16: 2. Conference with Legal Counsel: Existing litigation pursuant to Government Code Sec. 54956.9 (a): EEOC Complaints of Francisco Rivero and Mike Morshed.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on May 22, 2012.
C-2: Approve out of state travel for George Speake, project manager for the Middle Creek Marsh Restoration Project, as per the May 20, 2012, memorandum from the county administrative officer.
C-3: Resolution approving Agreement No. 12-0088-SF with the state of California, Department of Food and Agriculture for compliance with the Pierce’s Disease Contract Program and authorizing execution thereof.
C-4: Approve request for exemption of annual audit pursuant to Services District Government Code 26909, subd (c) and (d), from Butler-Keys Community Services District, per District Resolution 2012-1.
C-5: Adopt resolution authorizing Grant Project-Lake County Life Insurance and Annuity Consumer Protection Program..
C-6: Adopt resolution appropriating unanticipated revenue to help facilitate the Middletown Town Square Park construction ($2,500 donation from Reynolds Systems Inc.).
C-7: First amendment to agreement between the county of Lake and PJ Helicopters, for an increase of $20,000, and authorize the chair to sign.
C-8: Approve agreement between the county of Lake and the California Department of Transportation to participate in the fiscal year 2011-12 Optional RSTP Federal Exchange and State Match Program, and authorize the chair to sign.
C-9: Approve request to waive the 900 hour limit for extra help employees Justin Belvail and Jeremy Mullings.
C-10: (a) Approve easement deed and direct clerk to certify for recordation (APN 039-462-48 - Barry Fletcher), and approve right of way agreement between the county of Lake and Barry Fletcher for the construction of the wastewater force main sanitary sewer line; (b) approve easement deed and direct clerk to certify for recordation (APN 039-332-21 - James Austin), and approve right of way agreement between the county of Lake and James Austin for the construction of the wastewater force main sanitary sewer line; and (c) approve easement deed and direct clerk to certify for recordation (APN 039-483-63 - Elizabeth Medina), and approve right of way agreement between the county of Lake and Elizabeth Medina for the construction of the wastewater force main sanitary sewer line, and authorize the Chair to sign the agreements.
C-11: Approve waiver of 900-hour limit for extra-help office assistant Deonne Collins as per Lake County Animal Care and Control staff memorandum, dated June 5, 2012.
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Housing project, signage and mobile vendors on Lakeport City Council agenda
LAKEPORT, Calif. – This week the Lakeport City Council will discuss funds for an affordable housing project, regulations for mobile catering vendors and signage.
The board will meet at 5 p.m. Tuesday, June 5, for a budget workshop before convening for the regular meeting at 6 p.m. in the council chambers at Lakeport City Hall, 225 Park St.
Documents for the meeting can be found at http://www.cityoflakeport.com/departments/home.aspx?deptid=88 .
Community Development Director Richard Knoll will take to the council a proposal relating to the Lakeport Senior Housing Project.
It's proposed that the council reserve $400,000 from the Lakeport Redevelopment Agency low and moderate income housing set aside fund for a loan to the Lakeport Senior Housing Project. That loan would be contingent upon the approval of legislation passed by the state allowing for the expenditure of the funds for affordable housing projects.
The council also will review and discuss the city's regulations regarding mobile catering businesses.
Planning Services Manager Andrew Britton will introduce to the council a new sign ordinance amendment.
The proposed ordinance would amend Title 17, Chapter 17.52 of the Lakeport Municipal Code related to the amendment of sign criteria and regulations for large individual retail buildings and large commercial shopping centers.
The council also is expected to set a public hearing and second reading of the ordinance for Tuesday, July 17, at 6 p.m.
Also on Tuesday, new Lakeport Police volunteer Carl Touros will be introduced to the council.
The council will hold a closed session 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); and labor negotiations with the Lakeport Police Officers Association, Lakeport Employees Association and the city attorney.
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Friends of Cobb Mountain, county settle suit over Bottle Rock Power EIR
COBB, Calif. – A lawsuit that alleged the county of Lake violated state environmental law in its approval of environmental documents for a geothermal project has been resolved.
The Friends of Cobb Mountain filed the suit against the county of Lake in the spring of 2011. The suit followed the Board of Supervisors' denial of the group's appeal of the Lake County Planning Commission's December 2010 certification of the environmental impact report for the Bottle Rock Steam Power Project.
The group alleged that the county’s approval of the project violated the requirements of the California Environmental Quality Act (CEQA).
A tentative agreement was reached to settle the case in March, and Hamilton Hess, chairman of Friends of Cobb Mountain, said Friday that the county and the group formally entered into a settlement agreement on the matter in May.
As a result of the settlement agreement, Friends of Cobb Mountain has dismissed its lawsuit against the county, Hess said.
“The settlement agreement is a positive step forward as it provides Friends of Cobb Mountain a strong framework for moving forward in a cooperative nature with Bottle Rock Power and the county, along with providing Friends of Cobb Mountain the resources needed to effectively monitor geothermal activities and their potential impacts they may have on the community,” Hess said in a written statement.
“The county is very happy all parties were able to come to a mutually satisfactory resolution of this matter and we agree with Mr. Hess that it represents a positive step forward,” Lake County Counsel Anita Grant told Lake County News.
Friends of Cobb Mountain said the settlement agreement provides for Bottle Rock Power to reimburse local residents for reasonable temporary relocation expenses in the event there is a need to evacuate due to a hazard to life and health from the operation of the facility according to regulatory standards and government authorities of jurisdiction.
The agreement also provides for Bottle Rock Power to release numerous documents regarding botanical surveys, bonding requirements and Bottle Rock Power’s leases, Friends of Cobb Mountain reported.
The agreement provides for the county to hire, through the use of AB 1905 funds, a resource planner/geothermal coordinator as a staff member within the Lake County Community Development Department. The county agreed to reestablish and reactivate the County Geothermal Advisory Committee as referenced in the Lake County General Plan.
In addition, the settlement provides a mechanism for Friends of Cobb Mountain and Bottle Rock Power to address traffic problems that may arise from the construction and operation of the project.
Friends of Cobb Mountain also will receive funding to test local groundwater wells and springs that are in the vicinity of the project, as well as funds that can used for monitoring and resource protection.
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Clearlake City Council directs staff to work on ordinance allowing dogs in parks
CLEARLAKE, Calif. – The Clearlake City Council last week directed staff to move forward with work on a new ordinance to allow dogs to accompany their owners during visits to city parks.
The matter initially had gone to the council last September, at which time the council decided to hold off on changes.
City Manager Joan Phillipe brought the matter back for further consideration, presenting to the council a 2009 draft ordinance that hadn’t yet made its way to the council for consideration.
Vice Mayor Jeri Spittler, who had spoken in favor of making parks dog friendly last fall, told Phillipe that after reviewing the draft 2009 ordinance she wanted the language changed, as it didn’t specifically allow dogs in the parks. Phillipe acknowledged that Spittler made a good point.
A key concern is making sure dogs stay 20 feet from food vendors at summertime farmers’ markets, Phillipe said.
The draft 2009 ordinance also proposed to keep dogs off of city beaches, ball fields and playgrounds.
Councilmember Joyce Overton said she had heard of another small town working to become dog friendly in order to increase tourism, and she said she would like to try the changes on a trial basis.
“I really appreciate you guys taking this back up again,” said JoAnn Saccato, one of the summer farmers’ market organizers, noting the market is set to open for the season on Friday, June 1.
She assured the council that the market manager, with the assistance of the Volunteers In Policing – or VIPS – monitors the situation with dogs to make sure they’re the appropriate distance from food vendors.
Saccato said she’s also started raising funds for doggy bag stations. She suggested they might call on local service organizations to help keep the doggy bags replenished.
“We're open to a community partnership to be able to make this work for the city and the residents,” she said.
Jim Honegger, who said he became a dog owner two years ago, said he also travels with his dog, and has seen other cities with a fraction of Clearlake’s resources have dog parks.
He said signage is very important in enforcing the rules. Honegger also suggested that people who go out and walk their dogs are not the problem, it’s the people who let their dogs run who aren’t responsible.
Susanne Scholz said volunteers should be recruited to help monitor the parks, and that there should be some initial contact with dog owners to ensure they understand the rules.
“I think that just signage for this community is not going to work,” said Scholz, adding there are signs in the parks now about dogs not being allowed and it doesn’t matter.
Saccato asked about what's already in place if dogs are aggressive. Clearlake Police Chief Craig Clausen said there are laws to deal with the problem.
“This is a chance to do it right the first time,” he said of the ordinance and its approach to dealing with dogs on public parklands.
Spittler said the city’s signage is minimal and small. She wanted to see new, larger signs with better placement.
Overton said she also wanted a large sign in the parks like one at a Lakeport park. She said she didn’t think the city should provide bags and containers, as it would not make irresponsible people take care of their dogs.
“I think that is just an expense that the city cannot afford,” she said, adding that she wanted to see strong fines for violations.
Spittler suggested the city could sell dog owners a park tag for $5 at the time dogs are licensed, and that could help pay for bags and dispensers.
Mayor Joey Luiz said dog owners also could be informed of the rules about city parks when they license their dogs. Overton suggested giving dog owners a copy of the final ordinance at that time.
“Let’s do it and let’s make some examples of people early on,” said Luiz.
Luiz said if they truly wanted to make Clearlake a tourism-focused town, they needed to allow dogs in parks.
Luiz said he also would like to have a dog park, “but that’s a whole other discussion.”
He suggested that service organizations, the chamber of commerce, the farmers’ market and other groups could work together to purchase and maintain dog bag dispensers.
Overton said the local high school has a welding class that can make dispensers, and they could collect bags or have people donate them to keep costs down.
The council – with Councilman Curt Giambruno and Councilmember Judy Thein absent – reached consensus to direct staff to work on a final ordinance to bring back to the council for approval.
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