Local Government

LAKEPORT, Calif. – The county is moving forward with beginning proceedings to acquire easements for a Clearlake sewer force main project by eminent domain.


Sitting as the Lake County Sanitation Board of Directors, county supervisors on Tuesday morning voted 4-0 – with Supervisor Denise Rushing absent – to accept a resolution declaring the public necessity for taking and condemning property easements for the 4.9-mile project, which is meant to improve the Southeast Regional Wastewater and Collection System.


At the same time, the board approved filing a suit of condemnation to gain easements on the two properties.


Lacosan is seeking 350 lineal feet that runs behind a supermarket and adjacent to existing easements on one of the properties, and 1,300 lineal feet along the property line of the second.


County Counsel Anita Grant said at the meeting that the impact on the owners’ use of the property should be minimal.


The owners cannot, however, place a building in the easement area without Lacosan’s permission, and must keep landscaping 5 feet from either side of the pipeline area.


Neither of the property owners in question were at the meeting.


Special Districts Administrator Mark Dellinger told Lake County News after the meeting that the county has made purchase offers for the easements based on fair market value, which was reached by an independent appraisal.


However, the owners have turned down the offers, which they don’t feel are high enough, according to Dellinger.


“We can’t be accused of making a gift of public funds,” Dellinger said, which would be the case if the county paid above fair market value.


Dellinger hasn’t released the offer amounts due to concerns about the impact on negotiations.


Grant said following the meeting that the process now moves to the courts, where her staff will file an eminent domain case which will be served on the property owners.


During the process, the county will make a deposit on the fair market amount it’s offering to pay on the property, will seek an order of possession and go through a pretrial process that will include exchange of appraisal reports and settlement offers, she said.


She said it’s possible that the case could even go to a jury to determine fair market value.


It could end up being a battle between values given by appraisers. “Oftentimes, property value comes down to just that,” Grant said.


She said Lacosan’s obligation is to pay fair market value. “There’s no desire to pay the property owner less than he or she is entitled to.”


Grant said it’s hard to know how long the process could take, offering a rough estimate of as long as three months.


County officials have largely steered away from pursuing eminent domain.


While the county has done resolutions of necessity before, it’s been a long time since it’s gone all the way through the courts. Grant said she couldn’t remember the last time it happened.


Grant said, that, hopefully, the current cases will be settled before needing to go through the full process.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

LAKE COUNTY, Calif. – After getting a chilly reception from the community, a new written test that county residents were required to take before getting invasive mussel stickers for their boats has been suspended.


Public Works Director Scott De Leon announced on Friday that the recently instituted test was being sidelined.


He said the county’s resident boaters still will be required to complete a screening form to obtain their annual inspection stickers, meant to help ensure boats aren’t carrying damaging quagga and zebra mussels.


The written test’s goal was to raise public awareness of the importance of preventing the spread of invasive mussels and protecting the county’s water bodies, according to De Leon.


Clearlake Oaks resident Jim Steele, retired from the California Department of Fish and Game, was hired last year by Lake County Water Resources to consult on the quagga mussel program, at a rate of $50 an hour, not to exceed $50,000 annually.


In a commentary published by Lake County News in December, Steele argued that the new written test was an approach to “providing information that every resident should know” about preventing a mussel infestation.


Steele suggested in the commentary that the short true or false written test could help “ensure comprehension of the important facts” by the county’s 6,000 resident boats.


However, De Leon said that input from boat screeners and community members indicated that further development of the test would be needed for the test to achieve that goal.


That came through loud and clear at the Jan. 10 Board of Supervisors meeting, in which both supervisors and members of the public were sharply critical of the test.


Some boaters considered the test’s tone condescending, and screeners raised issues with the amount of time it added to the process during the busy tourist season.


De Leon encouraged all Lake County residents to become ambassadors for the Lake County Invasive Mussel Prevention Program by learning how to protect Clear Lake and other local water bodies from the mussels and sharing that information with others.


In particular, the county urges boaters to use a few simple steps – cleaning, draining and drying all boats and equipment after leaving any water body – to keep local waters mussel free.


Information about the mussels and how to prevent their spread can be found at www.nomussels.com or through the Lake County Department of Water Resources, 707-263-2344.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

LAKEPORT, Calif. – This week the Board of Supervisors will consider beginning the process of acquiring easements for a sewer system improvement project by eminent domain.


The meeting will begin at 9 a.m. Tuesday, Jan. 17, 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 9:30 a.m. supervisors – sitting as the board of the Lake County Sanitation District – will consider a proposed resolution declaring the public necessity for taking and condemning property for the Southeast Regional Wastewater force main pipeline project.


Along with that, the board will consider authorizing the filing of a suit for condemnation.


The $5 million force main project is expanding the system’s existing capacity in order to prevent wastewater releases and allow for more residential and commercial system hookups, as Lake County News has reported.


Lacosan is seeking easements along the property lines of two parcels for the pipeline, which is 4.9 miles long.


A full agenda follows.


TIMED ITEMS


9 a.m.: 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.: Consideration of proposed resolution 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.: Public hearing, consideration of proposed resolution vacating a portion of a roadway, Malpas Way, in the County of Lake (Blue Lakes Resort Subdivision). Continued from Jan. 3.


NONTIMED ITEMS


– Supervisors’ weekly calendar, travel and reports.


– Consideration of appointments to the Lake County Air Quality Management District Hearing Board.


– Consideration of proposed resolution authorizing temporary appointment of chief probation officer due to leave of absence.


– (a) Discussion/consideration of request to waive the formal bidding process and make a determination that competitive bidding would produce no economic benefit to the county; (b) approve Budget Transfer B-77, from Budget Unit 4010 Fixed Asset Office-Equipment, in the amount of $36,800, for the License and Support Agreement; and (c) consideration of request to approve a license and support agreement between the county of Lake and Decade Software Co., in the amount of $50,300.


– Consideration of proposed policy regarding recovery of overpayment of employee wages due to untimely or inaccurate report of appointment or other error on the part of the county.


– Consideration of the proposed agreement between the county of Lake and Crestwood Behaviorial Health for fiscal year 2011-12 adult residential and mental health services, for an increase of $195,000, to a total maximum compensation of $435,000.


CLOSED SESSION


– Conference with labor negotiator: (a) County Negotiators: A. Grant, S. Harry, L. Guintivano, M. Perry and J. Hammond; and (b) Employee Organization: Lake County Deputy Sheriff's Association, Lake County Correctional Officer's Association and Lake County Deputy District Attorney's Association.


CONSENT AGENDA


– Approve minutes of the Board of Supervisors meeting held on Jan. 10, 2012.


– Authorize the chair to sign the California Department of Education Certification Statement regarding the composition of the Lake County Child Care Planning and Development Council membership.


– Approve request to waive 900 hour limit for one extra-help Eastlake Landfill employee Christine Richter.

 

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

LAKEPORT, Calif. – This week the Lakeport City Council will consider lifting the city’s hiring freeze to hire a water operator and take up more redevelopment-related business in expectation of the shutdown of the city’s redevelopment agency.


The meeting will begin at 6 p.m. Tuesday, Jan. 17, in the council chambers at Lakeport City Hall, 225 Park St.


Documents for the meeting can be found at www.cityoflakeport.com/departments/docs.aspx?deptID=88&catID=102 or viewed below.


Under council business, Utilities Director Mark Brannigan will ask the council to approve an exemption to the city’s hiring freeze in order to allow him to hire a utilities water system operator one from the hiring freeze.


Community Development and Redevelopment Director Richard Knoll will take to the council a resolution electing to retain the housing assets and functions previously performed by the Lakeport Redevelopment Agency.


Also on the agenda, Lakeport Police Chief Brad Rasmussen will give the council a report regarding volunteer activities.


City Engineer Scott Harter will ask the council to approve two contract change orders for the High Street Chip Seal Project. He also will present a change order for the Lakeport Boulevard Overlay Project, ask the council to accept the project as complete and approve the notice of completion.


The council also will have a closed session to discuss one pending case of 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).

 

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .




011712 Lakeport City Council Packet

LAKEPORT, Calif. – The county is moving forward with closing down medical marijuana dispensaries, with the Board of Supervisors voting this week to abate two of the establishments.

Last August the county passed an ordinance to govern medical marijuana dispensaries, but rescinded the document two months later after a referendum challenging the ordinance gathered enough signatures for the June ballot, as Lake County News has reported.

The county’s position is that dispensaries are not specifically allowed under the Lake County Zoning Ordinance, and therefore cannot operate.

On Tuesday Community Development Director Rick Coel took to the board proposed abatement actions on Alternative Solutions in Clearlake Oaks and Triple C Collective in Kelseyville.

The board voted to abate both establishments, which were unresponsive to the county’s communications, Coel said.

Coel told Lake County News this week that Triple C Collective already has shut down, although Alternative Solutions’ doors remain open.

He said those two dispensaries were taken to the board first because they were generating the most community complaints.

If Alternative Solutions does not close by Jan. 20, Coel said the county will take additional steps, including placing liens on the property for the costs to shut the dispensary down.

Since the board directed staff to shutter the dispensaries late last years, some have closed voluntarily, including The Patients Choice in Upper Lake, A New Day Herbal Center in Clearlake Oaks and Natural Solutions in Middletown, Coel said.

Coel said Good Karma in Lucerne and H2C in Middletown are in the process of shutting down.

Others, liked the Green Leaf Collective in Lucerne and Visions of Avatar in Lakeport are converting to retail stores with no marijuana sales, according to Coel.

Peggy Dimauro of Visions of Avatar told Lake County News in a previous interview that she was going to convert to retail only after receiving a notice of violation from Community Development.

Coel said he will confirm by week’s end if he’ll need to send out notices to other dispensaries to bring them before the board for abatement.

“I can’t pick and choose,” Coel said. “They all have to close or change business.”

 E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

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