Local Government

LAKEPORT, Calif. – The Board of Supervisors voted unanimously on Tuesday morning to take a formal stand of opposition against Measure D, the marijuana cultivation initiative that will appear on the June 5 ballot.

The action follows the Lakeport City Council's vote last Tuesday to oppose the measure.

Board Chair Rob Brown, who asked the board to consider formal opposition, said it was not an issue about medical marijuana, but rather an issue of zoning by referendum.

He said Measure D's proponents have tried to say that the county has had no regulations on medical marijuana cultivation, but that's not true.

Last October the board passed Ordinance No. 2960 to govern cultivation, but rescinded it in January after Lake County Green Farmers and Lake County Citizens for Responsible Regulation gathered the 2,100 signatures needed for a referendum on the county ordinance. Those two groups later put forward Measure D.

During the Lakeport City Council meeting last week, Brown also asked for, and secured, the council's support in opposing the measure.

Speaking at the same meeting, Don Merrill, on behalf of Lake County Green Farmers and Lake County Citizens for Responsible Regulation, insisted that the board didn't rescind the county ordinance in response to the referendum, which Brown said was not the case.

Brown said a number of local groups have come out against Measure D. In addition to the Lakeport City Council, that list currently includes the California Women for Agriculture, Lake County Farm Bureau, Sierra Club Lake Group, Lake County Deputy Sheriffs Association, Kelseyville Business Association, Lake County Chamber of Commerce, and the Buckingham and Clear Lake Riviera homeowners associations.

“There are a lot of people that are concerned about this process of zoning by referendum,” Brown said.

Supervisor Anthony Farrington said Measure D ties the hands of the current and future Boards of Supervisors, which can't make changes to it. Because it is an initiative, changes also would have to go through the initiative process.

He said he's not sure that Measure D is in the spirit of Proposition 215, the 1996 Compassionate Use Act, which decriminalized marijuana for medical use in California.

Farrington said medical marijuana use should be based on medical needs. “That's why this measure is flawed. Nobody needs 84 plants for medicinal purpose,” he said, adding that he believes some doctors writing medical marijuana scripts are abusing the process.

Supervisor Denise Rushing raised issues with the difficulties of enforcing rules for pesticides and fertilizer use. Applying agricultural regulations also would be problematic, she said.

During brief public comment, Finley resident Phil Murphy said his position is that any herbicide or pesticide use should be reported.

“I'm not a big fan of Measure D,” he said. “I think it’s got a heck of a lot of problems with it.”

However, Murphy said he was not comfortable with the board taking a stand on the measure. “I don’t think the board as a whole should be telling people how to vote here in Lake County,” he said, adding that he believed there had been a lot of misinformation circulated on both sides of the subject.

Claudia Street, the new Lake County Farm Bureau executive director, told the board she was there to lend her support to the supervisors opposing Measure D.

Cobb resident Joan Moss, who is running against Brown in this year's election, wanted him to recuse himself from any vote related to the measure or medical marijuana because of his bail bonds business and because in 2008 nearly 5,000 plants were found on a portion of his property. Those plants were determined to have been planted by illicit growers, possibly connected with a Mexican cartel.

Moss accused Brown of either being a victim of the grow or a marijuana grower.

Brown corrected Moss, saying not all of the plants were found on his property. He said he's not a grower, and said her statements were factually flawed. He added it is not good for the bail bond business to be opposed to Measure D.

As to her accusations, “You have nothing to back it up other than your BS,” he said.

Supervisor Jim Comstock offered the resolution with minor amendments for wording offered by Rushing that referred to the problematic nature of enforcing rules for pesticides, herbicides and fertilizer related to the initiative.

The vote was 5-0.

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

LAKE COUNTY, Calif. – Lake County Animal Care and Control officials are hoping to raise the bar for adoptions through the agency’s inaugural adoption event, taking place this week.

The event, which began on Saturday and runs through this Friday, is the first of its kind, and was made possible after the Board of Supervisors earlier this year accepted new policy rules to allow for a waiving of the county adoption fee up to four times a year.

During the weeklong event, cats can be adopted for $86 (female) or $76 (male), and dogs range from $126 to $141, with male dogs having a total adoption cost of $116.

Those fees include spaying and neutering, microchips, rabies vaccinations and, for dogs, licensing and heartworm testing.

The goal is to reduce the county’s high animal euthanasia rate, which is particularly high amongst cats.

Department Director Bill Davidson said the event started out strong on Saturday, with a total of eight cats and dogs adopted, a number that’s higher than an average day for adoptions.

The shelter was open on Sunday, but there were no adoptions; then on Monday another three to four animals were adopted, he said.

Davidson said 2012 so far has seen higher adoption rates.

In March, 35 animals were adopted, which was a three-year record, he said. That record was quickly broken in April, when 39 animals found new homes.

Davidson said he’s hopeful that the event will help the shelter tie or surpass the April record.

As of Monday, the department was well on its way to that goal, having adopted out 14 animals for the month, according to Davidson.

Visit Lake County Animal Care and Control online at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control.htm , call 707-263-0278 or drop by the shelter at 4949 Helbush Drive in Lakeport during kennel hours, 10:30 a.m. to 5 p.m.

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

042412amiaproclamation

LAKEPORT, Calif. – The Anderson Marsh Interpretive Association (AMIA) received a proclamation of support on Tuesday, April 24, from the Lake County Board of Supervisors.

AMIA, a cooperating association with State Department of Parks and Recreation, has been working for almost a year, along with local State Park Sector Superintendent Bill Salata, to create an operating agreement that will keep Anderson Marsh State Historic Park open on a limited basis.

The park was slated for closure last spring because of state budget difficulties.

050712comstockandbrandon

MIDDLETOWN, Calif. – The two candidates in Lake County’s District 1 supervisorial race faced each other on Wednesday, May 2, at the Calpine Visitor Center.

The election on June 5 will decide whether incumbent Jim Comstock or challenger Victoria Brandon wins the four-year term to represent the southernmost district in the county, which includes Middletown, Hidden Valley Lake and Lower Lake.

The May 2 forum was moderated by Elizabeth Larson of  Lake County News, with Calpine and the Lake County Chamber of Commerce acting as cosponsors.

In opening statements, closing statements, nine questions from the moderator, and one question from each candidate addressed to the other, the candidates listed their own accomplishments and the policy positions they argue are right for the district.

Comstock summarized the main accomplishments of his four year term as getting the construction started on Middletown’s new library and senior center complex and purchasing the land for the park adjacent to it, the repaving of Highway 29, and getting the stop sign at Hartmann Road.

Brandon countered with a list of what she feels are his failures: disregard for planning commission advice and the general plan on the proposed Cristallago development, poor handling of medical marijuana regulations and lack of leadership in keeping Anderson Marsh open.

Brandon was proud that she was able to block installation of a cell tower across from the courthouse in Lakeport which would have been disguised as an 85-foot plastic tree. Instead an antenna was placed on top of the courthouse, bringing $2,500 a month in lease fees to the county.  

She also has “been working on the last four years to have this declared a National Conservation Area (the Snow Mountain-Berryessa Area), which I’m delighted to say the board of supervisors voted unanimously to support.”

A frequent area of disagreement was development, with Brandon often being more restrictive.

On the private development on Rattlesnake Island, for Comstock it “comes down to an issue of private property” and he voted with the majority in a 3-2 board decision to not require an environmental impact report.  

Brandon countered that three professional archaeologists raised significant concerns about possible Indian artifacts and that such concern, by state law, requires an EIR.

Comstock also was in favor of a large retail development in Clearlake.

Brandon was involved in the Sierra Club lawsuit with the city of Clearlake to require more study before approval, and was concerned because it involved “chain, corporate business coming from outside,” rather than local businesses.

She cited statistics that say 45 percent of money spent at local businesses stays local, but only 15 percent of the corporate business.

Comstock countered that “15 percent of something is better than 45 percent of nothing” and that as a result of the Sierra Club lawsuit “redevelopment funds that were going to be used there are now lost.” He also said “I totally support the Crazy Creek project,” a subdivision which would be built outside of Middletown.

Both candidates oppose Measure D, an initiative on the June 5 ballot to regulate medical marijuana growing.

Comstock said he considered illegal growing on public and private land the No. 1 issue in Lake County, and that the medical marijuana ordinance the board passed last fall – and rescinded in January in the face of a referendum – was done with “more vetting with public meetings than anything in my tenure.”

Brandon thought the supervisors, in their cultivation ordinance, “didn’t approach it correctly because they didn’t have all sides at the table,” and thought that it was improper that existing dispensaries were forced to close after another referendum effort forced the board to rescind its dispensaries ordinance.

In offering a view of economic development for the county, Brandon said, “We are surrounded by mountains – we’ve got transportation difficulties .. We‘ve got two fiber-optic cables crossing the county, there are efforts under way to link our whole community into those so that people who want to start Internet-based businesses actually have the tools to do it.”

Furthering the case for development, Comstock said, “No community is successful until multi-generations of families can live and work in the same community … When he graduate our kids from high school, we give them two things – we give them a diploma and a bus ticket, because do not have jobs and opportunities for them here.”

Brandon concluded “I think it (our future) can be wonderful. I think we’ve got it right in our grasp now to make something that is uniquely our own, to have a permanent kind of prosperity which is based on our real assets which we’re always going to have. We can do this.”

Velocity Video, which did the event's videography, will have a link available soon so community members can view the debate in its entirety.

LAKEPORT, Calif. – This week the Board of Supervisors will consider formally opposing Measure D, a marijuana cultivation on the June 5 ballot.

The meeting will begin at 9 a.m. Tuesday, May 8, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport.

At 10 a.m., the board will discuss taking a position against Measure D, which has been faulted for using the county's right to farm ordinance to give protections to marijuana growers and allowing large grows in residential areas.

The measure was written and backed by the Lake County Citizens for Responsible Regulations and Lake County Green Farmers Association, groups which led the referendum effort against an ordinance the Board of Supervisors passed last October to govern medical marijuana cultivation. Once the referendum qualified, the board rescinded its ordinance in January.

Last week, the Lakeport City Council voted to oppose Measure D, as Lake County News has reported.

Also taking formal stances of opposition against the measure are the Lake County Deputy Sheriffs Association, Lake County Farm Bureau, Lake County Chamber of Commerce, Kelseyville Business Association, Sierra Club Lake Group, and the homeowners association for the Clear Lake Riviera and Buckingham.

Also on Tuesday, at 9:45 a.m. the board will hear an update on the Napa-Lake Workforce Investment Board’s selection of a one stop provider for the county of Lake.

In an untimed item, Supervisor Anthony Farrington will take to the board proposed letters to the city of Lakeport, California Department of Fish and Game and the U.S. Fish and Wildlife Service regarding citizen complaints about a recently wrapped up operation to cull aggressive feral geese in the city of Lakeport.

The full agenda follows. Note: Some items are out of order due to an addendum being issued after the initial agenda was released.

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 week of May 5-13, 2012, as Travel and Tourism Week.

9:15 a.m., A-6: Hearing, nuisance abatement of 90 A Soda Bay Road, Lakeport, CA (082-093-04 - Peggy Dimauro (Visions of Avatar) - Gordon Worra).

9:40 a.m., A-7: Presentation of proclamation designating May 2012 as Perinatal Depression Awareness Month.

9:45 a.m., A-8: Presentation of update regarding Napa-Lake Workforce Investment Board’s selection of a one stop provider for the county of Lake.

10 a.m., A-9: Consideration of request to formally oppose Measure D.

10:15 a.m., A-10: Consideration of citizen request for a letter of support to Cal Fire regarding restoration of access to private property within Boggs Demonstration Forest.

NONTIMED ITEMS

A-11: Supervisors’ weekly calendar, travel and reports.

A-12: Consideration of the following appointments: Building Board of Appeals.

A-13: Consideration of proposed ordinance amending Article 1 Section 5-4f.2 of Chapter Five of the Lake County Code relating to the sale, use and display of fireworks in the unincorporated area of the County of Lake (correcting typographical errors on Ordinance 2971). Second reading.

A-14: (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 proposed Budget Transfers B-218 and B-219, from Wages and Salaries, for the purchase of a new phone system; and (c) consideration of agreement between the county of Lake and Nor-Cal Communications Inc., for purchase and installation of new phone systems for Health Services.

A-15: (a) Consideration of Classification and Compensation Committee findings and recommendations for FY 2012-2013; and (b) consideration of out of cycle classification and compensation requests.

A-16: Consideration of proposed agreement between the county of Lake and Western Stabilization and agreement between the county of Lake and International Enzymes, Consulting & Distributing, for the service and materials to conduct full depth recycling road reconstruction on various county roads.

A-17: Consideration of proposed agreement between the county of Lake and Lake Family Resource Center for Supplemental Nutrition Assistance Program Education (SNAP-Ed) Program services for FY
2012.

A-18: (a) Consideration of request to waive the county consultant selection procedure; and (b) consideration of proposed agreement between the county of Lake and CH2M Hill for ozone units control system programming services for the CSA 21-North Lakeport Water System.

A-20: Consideration of proposed letters to the city of Lakeport, California Department of Fish and Game and the U.S. Fish and Wildlife Service regarding citizen complaints about the recent culling of aggressive feral geese in the city of Lakeport.

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) Lake County Deputy Sheriff's Association, Lake County Correctional Officer's Association and Lake County Deputy District Attorney's Association.

A-19: 2. Public employee evaluation, Social Services Director Carol Huchingson.

A-19: 3. Conference with legal counsel – anticipated litigation; significant exposure to litigation, pursuant to Government Code Section 54956.9, Subdivision (b): Armstrong v. Brown.

CONSENT AGENDA

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

C-2: Adopt proclamation designating the week of May 5-13, 2012, as Travel and Tourism Week.

C-3: Adopt Proclamation designating May 2012 as Perinatal Depression Awareness Month.

C-4: Approve letter of fiscal support of the regional medical director position at North Coast EMS and authorize the chair to sign.

C-5: Approve request to waive 900 hour limit for extra help Accounting Technician Eldra King.

C-6: Waive travel policy requirements and approve payment of late travel claims, per the Mental Health director’s memorandum, dated April 25, 2012.

C-7: Approve request to waive 900 hour limit for extra help Client Services Assistants Cynthia Ahern and Andre Howell.

C-8: Approve first amendment to agreement between the county of Lake and Oak Creek Ranch Riding Academy for FY 2011-2012 rental and use of equine services, for an increase of $3,000, and authorize the chair to sign.

C-9: Adopt resolution amending Resolution No. 2011-125 establishing committee position allocations for FY 2011-2012, Budget Unit 4014, Mental Health (deleting Deputy Director - Fiscal Administration I/II and adding Deputy Director - Fiscal Administration).

C-10: Resolution temporarily authorizing a road closure, prohibiting parking and authorizing removal of vehicles and ordering the Department of Public Works to post signs (for Middletown Days
events, from June 15-17, 2012).

C-11: Adopt resolution setting rate of pay for election officers for the June 5, 2012 Presidential Primary Election pursuant to Section 12310 of the Elections Code.

LAKE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS

C-12: (a) Approve easement deed and direct clerk to certify for recordation (APN 039-472-58 - William Pomerville and Lora Pomerville), and approve right of way agreement between the county of Lake and William Pomerville and Lora Pomerville for the construction of the wastewater force main sanitary sewer line; and (b) approve easement deed and direct clerk to certify for recordation (APN 039-472-57 -Virginia Bonham), and approve right of way agreement between the county of Lake and Virginia Bonham for the construction of the wastewater force main sanitary sewer line; and (c) approve easement deed and direct clerk to certify for recordation (APN 039-486-21 - Richard Brooke, Sharon Bean and Sandra Mackey), and approve right of way agreement between the county of Lake and Richard Brooke, Sharon Bean and Sandra Mackey for the construction of the wastewater force main sanitary sewer line; and authorize the chair to sign agreements.

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

landtrustwetlands

LAKE COUNTY, Calif. – The Lake County Land Trust has been working for the last three years on developing the “Big Valley Wetlands” protection plan.  

The ambitious goal of this project is to permanently protect Clear Lake’s ecologically important wetland and riparian ecosystems that constitute the shore and creek inlets of the Big Valley between Clear Lake State Park and the southern reaches of Lakeport.  

Protection of these wetlands, which intercept nutrients entering the lake and provide habitat for many sensitive animal species, can be achieved through conservation easements or fee-title purchase.

The Land Trust is pleased to announce the first conservation action for this important project.  

An agreement has been reached between the Land Trust and property owners, George and Lisa Melo, for purchase by the Land Trust of a 31-acre parcel on Clipper Lane which supports extensive wetlands, riparian woodlands and wet meadows.

This agreement is the first key piece in protecting what remains of the natural shoreline of the Big Valley – an area that provides irreplaceable habitat for birds, mammals, and fish that rely on wetland vegetation for survival and reproduction.

The Melos' dedication to supporting the conservation of this property is evident in the terms of the agreement, which calls for a two year option for the Land Trust to purchase the property at $225,000, which is $10,000 below the appraised value.  

The option is secured for two years through a $20,000 payment – applied towards the total sale price – provided by the trust to the Melos at the onset of the option period.

The importance of this project was first identified and prioritized when the Land Trust developed a Land Conservation Priority Plan for the county.

The Big Valley Wetlands were at the top of the priority list and because of this, the land trust proceeded with the development of a Conceptual Area Protection Plan (CAPP).  

This document, which is being created in partnership with the California Department of Fish and Game (DFG), identifies critically important ecosystems in a particular region that could suffer degradation or destruction if not protected, and makes the project eligible for conservation funding from the Wildlife Conservation Board (WCB).

The Land Trust has received a $10,000 donation from the Pitzer Family Foundation to partially fund the initial option payment and will look to other foundations, the WCB and local donors to complete the project in two years.

The vision of the Land Trust is to permanently protect this property for wildlife habitat with possible limited guided public use.  

Upon completion of the purchase, the Land Trust will develop a management plan prioritizing the preservation of the native plant communities, wildlife habitat, and open space of this property, and which can be built upon to encompass the management of additional wetland and riparian areas that will be protected in the future.

When the Land Trust first began to develop the CAPP, it contacted and held community meetings with all property owners whose lands included critical wetland and riparian areas to inform them of the project. The proposal to protect the Big Valley Wetlands was positively received by the landowners.

Approval also was sought and obtained from the Lake County Board of Supervisors for support of the project.  

It has been made clear that the all actions by the Land Trust can only proceed if landowners are willing to place a conservation easement on their property (by donation or sale of the easement) or are willing to sell their property for conservation purchase, for which the maximum purchase price can be no more than appraised value.

The Land Trust has no agency power or ability to acquire land or conservation easements other than through voluntary agreements.

The Lake County Land Trust’s conservation resumé includes two major land acquisitions: the Rodman Ranch and Slough, part of which is now owned by the Land Trust and known as the Rodman Preserve and the remainder of which is owned and protected by the California Department of Fish and Game and by the County of Lake, and the Black Forest on the northern slopes of Mt. Konocti, which is now owned by the Bureau of Land Management.

The Land Trust is extremely pleased to get started on this new and important project to secure some of the most important remaining wetlands on Clear Lake.

The group looks forward to working with their friends and neighbors over the next two years to secure the funding to purchase this important property, and continue to move forward with further protection of the Big Valley Wetlands.

If you would like to support this effort, and other projects of the Lake County Land Trust, please attend the upcoming spring fundraising dinner at the Saw Shop Gallery Bistro in Kelseyville.

The dinner is Monday, May 14, starting at 6 p.m. Tickets are $70 per person.

The four-course meal is donated by Marie Beery, owner of the restaurant, and is served with locally donated wines.

All proceeds from the dinner go to support the Land Trust and its many projects, including the Rodman Preserve, Big Valley Wetlands, Boggs Lake Preserve and Rabbit Hill in Middletown.

Call now for your reservations – 707-278-0129. Payment is taken the night of the event.

For more information about the Land Trust, go to www.lakecountylandtrust.org or friend the group on Facebook.

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