LAKEPORT, Calif. – The county of Lake has been served with another attempt at a temporary restraining order as a result of an interim urgency ordinance governing marijuana cultivation adopted earlier this month.

On Thursday, Lucerne resident Conrad Justice Kiczenski and his father, Ron, filed an action against the county and Sheriff Frank Rivero, seeking to stop the implementation of the 45-day interim ordinance which the Board of Supervisors passed Monday, July 9.

The ordinance sets limits on marijuana cultivation, allowing for up to 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. There also are screening requirements.

County Counsel Anita Grant confirmed the county was served with the Kiczenskis' action.

The Kiczenzkis assert that possession, planting and cultivation of marijuana for personal use is their religious duty. They argue that any constraints imposed violate their rights to the free exercise and enjoyment of religion.

A hearing on the Kiczenskis' request for the restraining order will be held at 4 p.m. Friday before Judge David Herrick in Lake County Superior Court Department Department 1.

The Friday afternoon hearing will follow a 3:30 p.m. hearing before Judge Herrick on another request for a temporary restraining order and preliminary injunction filed earlier this month by Don Merrill and three unnamed plaintiffs, as Lake County News has reported.

An initial hearing in Merrill's case was held Thursday, July 12. At that time, Judge Herrick said he didn't have sufficient evidence of harm to grant the request, and continued the hearing in order to give Merrill and his fellow plaintiffs the opportunity to provide additional information.

Merrill had been a member of a medicinal marijuana cultivation advisory board appointed by the Board of Supervisors. In the wake of Merrill's legal action, the board voted to disband the board.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKEPORT, Calif. – The filing period is open for seats on the Lakeport City Council and several potential candidates already have taken out papers, according to the city clerk.

Official nomination papers became available on Monday, July 16, for candidates running for the Lakeport City Council this fall.

Three seats, each for a four-year term, will be on this November's ballot, according to City Clerk Janel Chapman.

Chapman said the deadline to file nomination papers for the seats is 5 p.m. Friday, Aug. 10.

The seats up for election this year currently are held by Bob Rumfelt, Suzanne Lyons and Roy Parmentier.

As of Thursday, Rumfelt and Lyons had taken out nomination papers. Parmentier has so far not taken out papers, and has indicated in meetings that he wasn't planning to run again.

Also taking out papers are Marc Spillman, a former city planning commissioner, and local businessman Kenny Parlet.

“None have officially filed, however, so they are really not yet candidates,” Chapman said.

Chapman said interested candidates must be registered to vote and reside within the Lakeport city limits.

Each candidate running for the council must be nominated by not less than 20 nor more than 30 registered voters.

In order to meet that requirement, it's advised that candidates pick up nomination papers far enough in advance of the deadline to gather the needed signatures.

If you are interested in running for Lakeport City Council, contact Chapman at 707-263-5615, Extension 12, for further information and to set up an appointment to pick up and review the nomination packet.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKEPORT, Calif. – The Board of Supervisors is set to get an update on a project to restore a large portion of the Middle Creek area and will return to a discussion of a proposed sales tax for lake-related projects when its members meet this week.

The meeting will begin at 9 a.m. Tuesday, July 24, in the board chambers at the Lake County Courthouse, 255 N. Forbes St. It will be broadcast live on TV8.

At 9:40 a.m., Lake County Water Resources staff will present an update regarding the Middle Creek Restoration Project and seek board direction regarding future updates.

According to Water Resources, the project is meant to eliminate flood risk to 1,650 acres of agricultural land and will restore damaged habitat and the water quality of the Clear Lake watershed.

The board also will consider sending a letter to Congressman Thompson requesting federal support for the project’s detail design and construction phase.

At 10 a.m. Tuesday, the board – which held a special meeting last Wednesday to discuss a proposed half-cent sales tax for projects related to Clear Lake – will look at a final version of the measure’s expenditure plans and the necessary resolution to put it on the November ballot.

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: Hearing, nuisance abatement of 16350 Second St., Lower Lake, CA (APN 024-282-02 - Harvey Barnett and Linda Barnett).

9:30 a.m., A-6: Public hearing, (a) consideration of the Community Development Block Grant Program Annual Grantee Performance Report for Program Income Activities, including Housing Rehabilitation RLF, Business Expansion and Retention RLF, and Public Works Activities (Middletown Senior Center); and (b) consideration of the Community Development Block Grant Program Annual Grantee Performance Report for Grant No. 09-EDEF-6539.

9:40 a.m., A-7: (a) Presentation of update regarding the Middle Creek Restoration Project and request for board direction regarding future updates; and (b) consideration of proposed letter to Congressman Thompson requesting federal support for Detail Design and Construction phase of the Middle Creek Restoration Project.

10 a.m., A-8: Continued from July 10 and 18, (a) consideration of draft expenditure plans for various funding Farrington amounts generated by a countywide transportation sales tax measure; (b) consideration of draft expenditure plans for various funding amounts generated by a countywide lake program sales tax measure; and (c) consideration of proposed resolutions authorizing countywide sales tax measures for transportation and/or lake programs.

NONTIMED ITEMS

A-9: Supervisors’ weekly calendar, travel and reports.

A-10: Consideration of the following appointments: In Home Support Services (IHSS) Advisory Committee.

A-11: Consideration of proposed resolution affirming Board of Supervisors’ policy to continue to post agendas and disclose action taken in closed Session.

A-12: Consideration of proposed letter in opposition of Senate Bill 1221 (Lieu) regarding the ban on the use of dogs while hunting bear or bobcat.

CLOSED SESSION

A-13: 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, L. Guintivano, M. Perry, J. Hammond and A. Flora; and (b) Deputy District Attorney’s Association.

A-13: 2. Conference with Legal Counsel: Existing Litigation pursuant to Government Code Sec. 54956.9 (a) - Beckway v. Deshong, et al. (b) Hatfield v. County of Lake, et al. and (c) Rivero v. Lake County Board of Supervisors, et al. – Case No. CV 411638.

A-13: 3. Employee Disciplinary Appeal EDA 2012-05.

CONSENT AGENDA

C-1: Approve  minutes of the Board of Supervisors meeting held on July 17, 2012.

C-2: Approve amended list of capital assets authorized to be purchased prior to adoption of the FY 2012-2013 Budget, as described by staff memorandum dated July 19, 2012.

C-3: Approve plans and specifications for Victoria Drainage Channelization and Culvert Upgrade in Lake County (Bid No. 12-14), and authorize the Public Works director/assistant purchasing agent to advertise for bids.

C-4: Approve out of state travel for Detectives Luke Bingham and Steve Herdt to attend the 2012 Clan Lab Certification Training School No. 279 at the Clandestine Laboratory Training and Research Center in Quantico, Virginia from August 5-11, 2012 (partially reimbursable, balance to be paid with Budget Unit 2214 - Sheriff/Asset Forfeiture funds).

BOARD OF DIRECTORS - LAKE COUNTY WATERSHED PROTECTION DISTRICT

C-5: (a) Approve Grant Deed and direct Clerk to certify for recordation District (APN 004-021-24 - Kevin Morrill and Esther Morrill), and approve purchase agreement between the Lake County Watershed Protection District and Kevin Morrill and Esther Morrill, for Middle Creek Flood Damage Reduction and Ecosystem Restoration Project; (b) approve grant deed and direct clerk to certify for recordation (APN 004-016-34 - Robert Sterling and Kelly Sterling), and approve purchase agreement between the Lake County Watershed Protection District and Robert Sterling and Kelly Sterling, for Middle Creek Flood Damage Reduction and Ecosystem Restoration Project; and (c) approve grant deed and direct clerk to certify for recordation (APN 004-016-02 - Philip Rooney and Marcia Rooney), and approve purchase agreement between the Lake County Watershed Protection District and Philip Rooney and Marcia Rooney, for Middle Creek Flood Damage Reduction and Ecosystem Restoration Project, and authorize the chair to sign agreements.

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CLEARLAKE, Calif. – The filing period for three seats on the Clearlake City Council opened this week, with two of the incumbents reporting they will not seek reelection.

The seats for Judy Thein, Curt Giambruno and Joyce Overton will be on the ballot for Nov. 6.

Clearlake City Clerk Melissa Swanson said the filing period for the November council race opened on Monday, and will remain open until Friday, Aug. 10. However, if any incumbents choose not to run, that filing period extends to Wednesdsay, Aug. 15.

Two of the current council members whose seats will be up for election – Thein and Giambruno – already are indicating they will not seek new terms and will leave office in December.

Overton told Lake County News on Thursday that she’s still making a final decision about whether or not to seek reelection, adding that she’s leaning in the direction of running for a third term.

So far, one community member has announced his intention to step into the race.

Bruno Sabatier, a father of two who helped organize the “Power to the Youth” event in the city, said he will seek a seat.

“As a city council member, I will represent all of the residents of Clearlake, ensuring that our plan for the city benefits everyone,” he said in an announcement, which can be found here: http://bit.ly/MvUHRn .

Swanson said that as of Thursday Sabatier’s was the only filing to seek a council seat submitted to her office.

Thein announced earlier in the week that after two terms on the council – including several terms both as mayor and vice mayor – she will not run again.

“After nearly three decades of public service to the city of Clearlake, I will not be seeking reelection,” she wrote in a guest commentary published by Lake County News. “It is time to rest.”

Thein was first elected in 2004. During her time on the council, her daughter died in a crash as the result of a drunk driver, and Thein went on to found Team DUI, a group that works with young people to help them understand the dangers of drunk driving.

Thein’s commentary on her decision not to seek reelection can be found here: http://bit.ly/OBzhUC .

Giambruno told Lake County News this week that he’s “absolutely not running” again.

He’s served two and a half terms on the council, and at age 74 believes it’s time to let others step forward and lead. “It’s time that I call it quits.”

Giambruno added that his decision not to run wasn’t influenced by Thein’s similar conclusion, noting that he knew a long time ago she wouldn’t run again.

“There’s a lot of issues involved and I think I’ve probably done all I can do to help the city,” he said, explaining he had made his decision over the last few months.

In addition to his time on the council, Giambruno spent nine years on the Clearlake Planning Commission and also volunteered for 15 years with code enforcement.

It was his wife, Judie – who died four years ago – who encouraged Giambruno to run for office.

During his time on the council, the city has faced serious fiscal challenges and had to make decisions on controversial projects, including a regional shopping center and the Provinsalia housing project. Neither of the projects have been built.

“I don’t like politics, to be honest with you,” he said. “It’s a thankless job.”

Because of his status as a council member, Giambruno said he won’t be involved in campaigning for the one-cent sales tax to improve the city’s roads and code enforcement.

However, he said he feels the tax is needed, because the city needs to be cleaned up and improved.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .