How to resolve AdBlock issue? Supervisors delay amending contract with sheriff's outside legal counsel
LAKEPORT, Calif. – The Board of Supervisors on Tuesday decided to hold over a decision on whether or not to amend an agreement with a Southern California law firm hired last year as special counsel for the county's sheriff.
The board rescheduled to Feb. 19 the decision on whether to increase the dollar amount on the contract with the Jones and Mayer law firm of Fullerton.
Jones and Mayer is representing Sheriff Frank Rivero, who District Attorney Don Anderson has been investigating over allegations that Rivero, while working as a deputy in February 2008, had lied to sheriff's staff about shooting at a man holding a can of pepper spray.
Anderson is required to disclose potentially exculpatory evidence to defendants in criminal cases under the 1963 U.S. Supreme Court decision Brady v. Maryland.
If it's determined that Rivero has credibility issues, he would be placed on a “Brady” list of officers with similar concerns for prosecutors, and that information would need to be disclosed to the defense in any case in which Rivero was a material witness.
Last spring a visiting judge ordered the Board of Supervisors to provide Rivero with outside legal counsel after determining that County Counsel Anita Grant had a conflict of interest that could not be overcome through establishing an “ethical wall,” or staff separation in her department.
The agreement with Jones and Mayer that the board approved late last year was not to exceed $6,500.
The firm has since gone over that amount by approximately $173.64, Grant told the board Tuesday.
While Jones and Mayer was supposed to monitor expenditures and notify the county before surpassing the limit, “For whatever reason they did not,” Grant said.
As for Anderson's Brady inquiry, “It's my understanding that this matter has yet to be resolved,” Grant said.
She said it seemed reasonable to extend the total contract amount up to $10,000.
Rivero was not present for the Tuesday discussion.
Supervisor Rob Brown said it was his understanding that the matter with Anderson was done, and that they were just waiting for Anderson to submit the outcome.
“That's our understanding,” said Capt. Chris Macedo of the Lake County Sheriff's Office, who said Tuesday was four months to the day from when Rivero was set to have been interviewed by Anderson on the Brady matter.
Brown said there was no need for the public to pay for the sheriff's “public defender,” saying that Jones and Mayer made a mistake by going over the maximum amount before notifying the county. “They should never have gone over.”
While it's up to Anderson to make the decision in the Brady matter, Grant said the end of legal services is another issue.
Brown was concerned that increasing the contract amount would just lead to more money being spent. “We're just giving them a blank check,” he said, adding, “I think we should just end it right now.”
If Rivero were to pursue an appeal of Anderson's finding, “that's a separate item altogether,” Brown said.
Supervisor Denise Rushing said her understanding was that there was an extraordinary process that had been under way in the matter. “It seems like that process, whatever it was, is now over.”
Rushing wanted to know why the county would still be on the hook for additional legal costs for Rivero.
Grant said the board could determine that they would not authorize any other services. She asked them to approve the $173.74, which she would take out of her own budget.
Brown didn't feel that having her pay for it was necessary, but said it was presumptive of the law firm to think the board was going to approve overages.
Macedo said he was not sure that Anderson had concluded the investigation, suggesting the district attorney should give the board an update to the board.
Grant asked if the board would allow her to put the matter over for a few weeks in order to see if the determination had been made.
Supervisor Jim Comstock, who said he had been opposed to spending a dime on the legal representation, said he also wanted to put the matter over.
The entire board agreed and set the discussion to continue in two weeks.
Email Elizabeth Larson at
- Details
- Written by: Elizabeth Larson
Lakeport Police Department issues annual dog licensing reminder
LAKEPORT, Calif. – The Lakeport Police Department is reminding all dog owners who reside within the incorporated city limits of Lakeport that dog licenses are now due for 2013.
Due to a reduction in staffing and budget constraints, the department is unable to send courtesy notices as in years past.
Dog owners are now required to pay dog licensing fees in person or by mail at Lakeport City Hall, 225 Park St., during business hours.
Owners also need to attach a copy of proof of rabies vaccination for each dog being licensed. If this
is a new registration, a spay/neuter certificate also will be required.
Refer to the schedule of fees listed below for each type of license.
- Altered: $10
- Unaltered, non registered: $50
- Unaltered exempt, registered: $25
- Replacement license: $5
- Senior citizen rate: $5
For further information regarding dog licensing, see the animal control licensing page at www.lakeportpolice.org .
The page also can be directly accessed at http://www.cityoflakeport.com/departments/page.aspx?deptID=76&;id=209 .
The 2013 pet license application/fee schedule form can be found under the documents file titled “dog license form” at the bottom right of the police animal control licensing page, or directly accessed at http://www.cityoflakeport.com/docs/Dog-License-Form-24201384506PM.pdf .
For further information or assistance contact police volunteer John Norcio at the department, 707-263-5491, or email
- Details
- Written by: Lakeport Police Department
Clearlake man arrested for Friday break-in; police believe suspect connected to a dozen burglary cases
CLEARLAKE, Calif. – Police have arrested a Clearlake man in connection to a Friday commercial burglary, with the arrest helping to resolve about a dozen other burglary cases that have occurred in the city.
Michael Matthew Jenson, 20, was arrested Sunday for several felonies, according to Sgt. Nick Bennett of the Clearlake Police Department.
Bennett said Jenson was in possession of a simulated firearm that had been stolen during a commercial burglary at Lakeshore Sports Friday night.
Jenson had brandished the simulated firearm at a citizen who reported the incident to the police department, Bennett said. While checking the area, Officer Tyler Paulsen observed Jenson brandish the simulated weapon at a second person.
Seeing Paulsen, Jenson began to run and threw the simulated firearm. After a short foot chase Paulsen took Jenson into custody, according to Bennett.
Lakeshore Sports staffer Erik Burgess told Lake County News that two simulated training pistols were taken during the burglary, which occurred around 10 p.m. Friday.
The store's surveillance video showed the suspect – wearing a ball cap, red plaid shirt and jeans – hanging around the front of the store before smashing out the front window with a rock, Burgess said.
He said it only took the suspect a few minutes to get in, smash a case that already was open and take the nonworking training pistols.
The previous weekend Burgess said the Metro PCS store in the same building also was broken into, with dummy phones taken.
“It just shows that criminals aren't smart,” said Burgess.
Bennett said Clearlake Police have been interested in Jenson for some time and suspected him in several commercial burglaries.
During Paulsen's initial contact with Jenson he began to admit involvement in burglaries in addition to that of Lakeshore Sports, Bennett said.
Bennett said Det. Ryan Peterson was called and conducted an interview of Jenson.
As a result of that interview, Bennett said at least 12 open commercial burglary cases which occurred within the past year – some of which Jenson was a suspect in – will be closed.
Jenson was transported to the Lake County Jail, where jail records showed he was booked for misdemeanor obstructing or resisting a peace officer, brandishing a replica firearm and receiving stolen property of $950 or less, and felony charges of threatening a crime with the intent to terrorize, second degree burglary and a felony probation violation.
He remained in the Lake County Jail on Monday due to a no-bail hold on the felony probation violation, according to jail records.
Anyone with information about this case or any other similar incident can contact Det. Ryan Peterson at 707-994-8251, Extension 320.
Email Elizabeth Larson at
- Details
- Written by: Elizabeth Larson
Supervisors to consider amending contract for sheriff's attorney, Seagrave murder case reward
LAKEPORT, Calif. – The Board of Supervisors this week will discuss amending the contract with outside legal counsel representing the sheriff in a matter involving allegations that he lied during a 2008 shooting investigation, and also will discuss a reward set up to help catch the suspect in a Kelseyville man's murder.
The meeting will begin at 9 a.m. Tuesday, Feb. 5, 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.
In an untimed item, the board will consider amending the county's contract with Southern California law firm Jones & Mayer for special legal services for Sheriff Frank Rivero.
District Attorney Don Anderson has led an inquiry into allegations that Rivero lied about his actions during a February 2008 shooting on Cobb. While Rivero was working as a deputy, he shot at an unarmed man. The man was not injured.
Anderson's inquiry is necessitated by the requirements of Brady v. Maryland, a 1963 U.S. Supreme Court case that requires that prosecutors divulge all potentially exculpatory evidence to defendants in criminal cases. That includes information about the truthfulness of law enforcement officers involved in their cases.
If Anderson gives Rivero a “Brady letter,” putting him on a list of officers with credibility issues, it could be raised in any case in which Rivero is a material witness.
Concerns over a potential Brady determination for Rivero are being raised in a case involving several Hells Angels members set to go to trial for a 2011 assault. Rivero secured a surveillance video recording that is a key piece of evidence in the case.
County Counsel Anita Grant had declared a conflict last year, since both Rivero and Anderson are county officials, leading to Rivero's initial request early last year for outside counsel.
The supervisors denied Rivero's request and instead asked Grant to explore erecting an “ethical wall” in her department in order to represent Rivero.
A visiting judge later ordered the county to provide Rivero with the attorney to defend against the potential Brady determination, ruling that the conflict of interest couldn't be overcome by an ethical wall.
Last year the board hired Jones & Mayer, setting the total contract amount at $6,500. Grant's report to the board for the discussion reports that the costs for Rivero's representation have now exceeded that amount, necessitating the contract update. The amendment would raise the total amount to $10,000.
In another untimed item, the board will discuss a resolution establishing a reward trust fund related to the death of Forrest Seagrave and future rewards.
Seagrave, 33, died Jan. 18 after being shot during a robbery at Mt. Konocti Gas and Mart in Kelseyville. Supervisor Rob Brown spearheaded the effort to raise the $10,000 reward that is being offered for the arrest and conviction of the suspect.
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: Presentation of proclamation designating the month of February 2013 as Black History Month and celebrating Martin Luther King’s Birthday.
9:15 a.m., A-6: Assessment Appeal Hearing: Barry Shaffer - Application No. 316-2010 - 65 Konocti Avenue, Lakeport, CA (APN 025-573-040-000).
9:45 a.m., A-7: Public hearing, consideration of proposed ordinance establishing a fee schedule for driving-under-the-influence programs.
10 a.m., A-8: (a) Consideration of request to waive the policy regarding automated voicemail systems; and (b) consideration of request to approve the development of an automated voicemail system for the Animal Care and Control Department.
10:15 a.m., A-9: (a) Presentation of Clear Lake Advisory Committee Annual Report; (b) Clear Lake Advisory Consideration of proposed 2013 Work Plan; (c) presentation of committee update regarding reformation of Resource Management Committee (RMC) and (d) consideration of appointments to the Clear Lake Advisory Committee.
10:45 a.m., A-10: Presentation of 2012 Marine Patrol Activity Report and 2013 Work Plan.
11 a.m., A-11: Consideration of proposed agreement between the county of Lake and Aramark Correctional Services LLC., for food services at the Lake County Jail and Juvenile Hall facilities.
11:30 a.m., A-12: Consideration of recommendation regarding departmental structure of the Office of Emergency Services.
1:30 p.m., A-13: (a) Presentation of update regarding the Spring Valley Lake Recovery Valley CSA #2 Advisory Project and (b) consideration of request to approve the Spring Valley Lake Recovery Project and adopt a mitigated negative declaration (as recommended by the Lake County Planning Commission).
NONTIMED ITEMS
A-14: Supervisors’ weekly calendar, travel and reports.
A-15: Consideration of appointments to the Animal Care and Control Advisory Board.
A-16: Consideration of recommendations from the Classification and Compensation Committee regarding: (a) adjustment of salaries of licensed professional staff in the Health Services Department; and (b) reclassification of Public Works Service technician to senior accounting technician.
A-17: Consideration of proposed resolution establishing reward trust fund relative to death of Forrest Seagrave and future rewards.
A-18: Consideration of proposed first amendment to agreement between the county of Lake and Jones & Mayer for special legal services for Sheriff Rivero.
A-19: Consideration of request to approve out-of-state travel for Business Software Analyst Kelly Larsen to attend the Anasazi Software National Alliance Forum in Tempe, Arizona, from Feb. 24 through March 1, 2013.
A-20: (a) Consideration of request to waive the Consultant Selection Policy.
CLOSED SESSION
A-22: 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, L. Guintivano, M. Perry, J. Hammond and A. Flora; and (b) Employee Organization: Deputy District Attorneys Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officers Association and the LCSEA.
A-22: 2. Employee Disciplinary Appeal EDA 2013-01.
A-22: 3. Conference with legal counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9(a): Jensen and Larson v. Lake County Sheriff’s Office, et al.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meetings held on Jan. 22, 2013.
C-2: Adopt Proclamation designating the month of February 2013 as Black History Month and celebrating Martin Luther King’s Birthday.
C-3: Approve letter of support of Caltrans District 1's “Climate Change Adaptation Pilot Strategy for Northwest California” pilot project application, and authorize the chair to sign.
C-4: Approve issuance of notification to the Konocti School District that the county of Lake will not authorize the issuance of tax and revenue anticipation notes on the district’s behalf.
C-5: Approve agreement between the county of Lake and Pacific Education Services for low level misdemeanor diversion program services (at no cost to the county), and authorize the chair to sign.
C-6: Adopt resolution to appropriate unanticipated revenue for the county of Lake Health Services Department ($18,000 from sale of 2006 Dodge Sprinter Cargo Van to purchase Microsoft Office license upgrades).
C-7: Adopt resolution approving a request from Lake County Health Services Department to submit a grant application for the California Tobacco Program for Fiscal Year 2013-2014 and authorizing the Director of Health Services to sign said application and grant.
C-8: Approve first amendment to facility space license agreement between the county of Lake and Lake County Community Radio Inc. (updating the location of the equipment and terms of the lease), and authorize the chair to sign.
Email Elizabeth Larson at
- Details
- Written by: Elizabeth Larson
Lakeport council to discuss proposed marijuana ordinance, request to hire additional police officer
LAKEPORT, Calif. – Public hearings on a proposed ordinance regulating medical marijuana cultivation and an ordinance establishing an administrative citation process, along with a request for an additional police officer position are on the Lakeport City Council's agenda this week.
The meeting will begin at 6 p.m. Tuesday, Feb. 5, in the council chambers at Lakeport City Hall, 225 Park St.
City Attorney Steve Brookes will present to the council the ordinance regarding medical marijuana
cultivation.
In his report he said the city has received numerous complaints over the years through the police and code enforcement departments regarding medical marijuana cultivation. There have been attempted thefts and, in one case, discharge of a firearm by a homeowner who thought suspects were attempting to steal his marijuana.
“The department is also aware of additional incidents where medical growers were found to be armed at various locations in the City,” Brookes wrote. “Some of the incidents are quite brazen and pose significant safety risks for surrounding neighbors.”
He said city officials also have been made aware of nuisances associated with the odor of the marijuana plants and public safety issues concerning theft of plants.
Brookes' report to the council explains that the proposed ordinance restricts the cultivation of marijuana in residential areas to outdoor accessory buildings; requires security and odor control measures to be in place; and establishes that cultivation may not take place within 300 feet of any hospital, school, church, park or playground, or in other areas where large numbers of minors regularly travel or congregate.
The accessory buildings where the growing takes place will require building permits, and permits for such structures only will be issued to property owners, Brookes said. Lighting for such cultivation is limited to 1,200 watts with lighting to conform to applicable codes, and growers must advise the city of their plans to cultivate.
“The intent of the ordinance is that from the street or adjacent properties, there should be almost no way to know that cultivation of medical marijuana for personal use is occurring on the property,” Brookes said in his report.
The ordinance also requires that the medical marijuana cultivation be undertaken only by a qualified patient who must occupy the residence on the parcel proposed for cultivation as their primary residence or by a qualified caregiver. A copy of a current and valid physician's medical marijuana
recommendation must be made available on request by a code enforcement officer or law
enforcement officer.
Brookes said violations of the ordinance are deemed to be criminal infractions.
He reported that fines for violating the ordinance are $50 the first violation, $100 for the second violation, and $250 for each violation thereafter. Each day that the violation is committed can be a separate offense. Citations would be processed using the administrative citation procedure or, in some cases, forwarded to the courts for criminal enforcement.
The council also will hold a first reading and public hearing on a new ordinance establishing an administrative citation procedure meant to gain compliance for municipal code violations as well as failure to comply with terms of a project conditions agreement. The second reading is scheduled for the council's next meeting on Tuesday, Feb. 19.
On Tuesday Chief of Police Brad Rasmussen will ask the council to consider funding an additional police officer position, with that officer to be hired in March.
With the city having annexed the Parallel Drive area, new challenges due to correctional realignment and the fact that the number of sworn officers has been reduced from 14 in 2009 to nine currently, Rasmussen is seeking to strengthen his department's resources.
The new officer would be assigned to patrol during the summer months, the department's busiest time of year, and during the school year would be assigned to day shift, spending half their time in the schools as a school resource officer and the other half in patrol, Rasmussen said in his report. The department lost its part-time school resource officer last November.
Rasmussen's report to the council explains that the cost to the city for the officer for the remainder of the fiscal year would be $28,464 and $55,000 in fiscal year 2013-14.
In other business, Finance Director Dan Buffalo will present a budget adjustment review and budget amendment for fiscal year 2012-13, Planning Services Manager Andrew Britton will give a report and recommendation from the Mobile Catering Ordinance Review Committee and City Engineer Scott Harter will give an update on the Safe Routes to School project. Chief Rasmussen also will introduce new police volunteer John Norcio.
The council also will hold a closed session to discuss a case of anticipated litigation.
Email Elizabeth Larson at
- Details
- Written by: Elizabeth Larson
