The meeting ran about three hours and 45 minutes as the commission went line by line over the 19-page document.

On Wednesday interim City Administrator Steve Albright said the long meeting was time well spent, with the resulting ordinance being one that he believed would be widely acceptable to the community.

Albright told the commission Tuesday night that its main focus was primarily land use provisions, while it would be up to the city council to consider the ramifications of the entire ordinance.

However, he said the city had been advised that, statewide, the governance of medical marijuana dispensaries had more to do with police powers and less to do with land use.

The commission spent considerable time wordsmithing the document and questioning Albright about various provisions.

At times there were frustrated comments from audience members who felt the commission members didn't understand medical marijuana-related law.

During public comment, there were some occasionally angry comments from those who felt their rights to the medication were being infringed upon by suggestions on items like preventing patients from being a member of more than one collective.

However, that suggestion – which arose due to commission members' concern that some people might belong to numerous collectives in order to sell excess marijuana on the market – was dropped after commission members decided that it would be difficult to track membership.

The commission members also agreed to remove a provision governing the number of immature plants a dispensary could have on site, deciding to let it be market driven.

However, the commission decided that if there is going to be any cultivation at the dispensary, it has to be inside.

“That doesn't sound like a big deal but for the dispensaries that's a significant compromise,” Albright said on Wednesday.

He said, overall, the commission didn't end up changing the draft ordinance that he and staff put together by very much outside of those major provisions.

Albright said medical marijuana is a “highly controversial” issue, and he and staff worked for months to put together an ordinance that they felt was a good compromise that would meet patients' needs.

He said the commission listened to the public input and took community members' concerns into account.

“That's the way it should happen,” he said, adding, “I really felt good that the process worked well.”

Albright said it was his belief that the updated ordinance had a limited amount of controversy. “Everybody can live with this as being as workable proposal at this point.”

Albright said the Clearlake City Council will hold a special meeting at 6 p.m. Tuesday, May 17, just to consider the proposed dispensaries ordinance.

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 Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews.

Interim City Administrator Steve Albright said over the past month the Clearlake City Council has been reviewing resumes and letters of interest from a number of interested candidates.

The council decided to work as a whole on the selection rather than creating a subcommittee, which has necessitated agendized meetings. Because it's a personnel discussion, Albright said the meetings have been held in closed session.

Albright said the council narrowed the candidates down, conducted phone interviews two weeks ago and then further reduced the field to four people, who he called “very, very good candidates.”

The council is interviewing those four individuals in person this week, he said.

Two of the candidates were interviewed in a closed session on Wednesday, and the remaining two will meet with the council on Saturday, Albright added.

In the final stages of the recruitment, “What you're now looking for is really the fit,” Albright said.

If the council members can agree, Albright they could be contacting a final candidate as early as next week in order to open negotiations on the terms of employment and begin a background check.

The goal, said Albright, is to have a new city administrator to announce to the community on May 12, with the new administrator likely to start around the start of June.

Albright, who joined the city on an interim basis in February after retiring as city manager from the North Coast city of Trinidad, said his last day will most likely be in the second week of June.

He said he's enjoyed his time working with the city of Clearlake, but he's looking forward to heading back home to Humboldt County.

In his short time with the city, Albright has appeared to enjoy a working relationship with the council and with community members that has helped him approach some challenging issues.

On Tuesday he took to the Clearlake Planning Commission a medical marijuana dispensary ordinance that the commission, following a lengthy meeting, voted unanimously to send forward to the city council.

Albright said at a recent council meeting that he's close to announcing a settlement on the Sierra Club Lake Group's lawsuit against the city and KK Raphel Properties LLC over the proposed shopping center plan at the now-closed Pearce Field airport property on Highway 53.

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 Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews.

Interim City Administrator Steve Albright said the matter came up after South Shore Little League expressed interest in a city-owned building on Golf Avenue, formerly occupied by the Clear Lake Chamber of Commerce.

Regarding the Golf Avenue site, “The building has deteriorated. That should be no surprise to you,” Albright told the council during the April 14 meeting.

Albright said the goal of the proposed policy is to get good community use out of city properties.

His report to the council included two options – selecting community service organizations or renting on the commercial market.

Under the first option, the city would take proposals from community nonprofits and service groups, select one and make the buildings available for $1 a year.

If no nonprofits or other government agencies were interested in the spaces, the city could make the properties available on the commercial market, said Albright.

Council member Judy Thein supported renting properties to nonprofits but was against the city being a commercial landlord and competing with private enterprise.

“We have a history of doing this,” said Thein, who retired several years ago after more than two decades working in the city's finance department. “We need to learn from our mistakes.”

She said after the city purchased the Austin's Resort property in 1997 it was “one disaster after another” when it came to dealing with tenants. Thein said the city often had to go to collections and to court to try to recover tents.

Council member Jeri Spittler said she didn't think the commercial rental option would be necessary, since community groups, like the Little League, had already expressed interest in renting city property.

Vice Mayor Joey Luiz agreed that it didn't make sense to rent the properties commercially. However, he said nonprofits would need to be aware of the need for improvements and be willing to make them.

Councilman Curt Giambruno asked about relocation costs involved in renting. Albright said the city is required under the National Uniform Relocation Act to cover the relocation of tenants. When Giambruno asked if they can draw up leases that exclude relocation costs, Albright said he wasn't sure.

Mayor Joyce Overton said City Attorney Malathy Subramanian previously researched that very issue and found that they could write it into a lease up front that there be no relocation costs.

Thein said the city had to pay such costs for existing tenants at Austin's Resort, but that it was written into the leases with new tenants that the costs were not covered.

Overton said she's not necessarily in favor of having the city be a landlord, but noted that many cities are. “It's just an option that should be there.”

Thein said they were buying trouble by keeping that option on the table. “This is where all of our problems started,” she said. “We should never have gone into the rental business. We have enough to do.”

The council ended the discussion with a unanimous vote to pursue the rental option to nonprofits.

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 Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews.

COUNTY OF LAKE

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Board of Supervisors, County of Lake, State of California, has set TUESDAY, MAY 10, 2011, at 9:45 A.M., Board Chambers, Courthouse, Lakeport, as time and place to consider a PROPOSED ORDINANCE AMENDING GATE FEES TO BE CHARGED AT THE EASTLAKE LANDFILL FOR COUNTY SOLID WASTE SERVICES. A copy of the proposed Ordinance is available at the Office of the Clerk of the Board of Supervisors.

NOTICE IS FURTHER GIVEN that at said time and place any interested person may appear and be heard.

If you challenge the action of the Board of Supervisors on any of the above stated items in court, it may be limited to only those issues raised at the public hearing described in this notice or in written correspondence delivered to the Clerk of the Board of Supervisors at, or prior to, the public hearing.

KELLY F. COX

Clerk of the Board

The meeting will begin at 9 a.m. Tuesday, April 26, 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 11 a.m., Supervisor Anthony Farrington will take to the board a request to approve letters to the state and to the Lakeport City Council opposing the state’s proposed design and layout for the new Lakeport courthouse.

The 50,158-square foot building, which a revised estimate from the state Administrative Office of the Courts said will cost around $53.2 million to build, is to be located at 675 Lakeport Blvd., just below the Vista Point Visitor Center, which is the home of the Lake County Chamber of Commerce.

In his report to the board, Farrington – who serves on the project's advisory committee – said the architect presented to the group at its April 18 meeting a preliminary conceptual design and options about where on the property the building would be situated.

“The State's preferred layout would result in a significant impact on the viewshed from Vista Point and, in my opinion, would have a long-term negative impact on the community,” wrote Farrington, who added that the opinion was shared by others at the meeting.

He said there are other options available that would have less impact on the viewshed, and so he's asking for opposition to the current proposal.

Farrington wrote a commentary published Sunday that explains his concerns in-depth, which can be found here: Farrington: Courthouse plan will change face of Lake County.

The board also will hold a closed session regarding labor negotiations with the Lake County Employees Association, Lake County Deputy Sheriffs' Association, Lake County Correctional Officers' Association and the Lake County Deputy District Attorneys Association, and discuss a case of litigation against the county, Paradise v. Ferguson, et al.

Other items on the agenda are as 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).

9:15 a.m.: Public hearing – consideration of Application AM 11-01, proposing amendments to the Lake County Zoning Ordinance pertaining to wineries, wine tasting facilities, definition of wine-related special events, agricultural service establishments, green waste composting facilities, farmers’ markets, multifamily maximum residential density, and revocation of zoning clearances and zoning permits (amendments pertaining to commercial stables and riding academies, and cargo containers have been removed from these proposed amendments).

9:45 a.m.: Consideration of request of cash match support for the districts’ grant application to the California Department of Conservation’s Watershed Coordinator Grant Program ($10,000 per year for three years).

10 a.m.: Discussion/consideration of changing the yearly burn ban initiation date for years with heavy rainfall and temporarily suspending this year’s burn ban.

10:20 a.m.: Consideration of proposed first amendment to the agreement between the county of Lake and First Five Lake Commission for the Mother-Wise Program (Post Partum Depression Initiative), for an increase of $14,092, for fiscal year 2010-11.

10:30 a.m.: Update on status of Lake County Community Action Agency and state selection process of new eligible entity to receive state grant funds for food and shelter services.

10:45 a.m.: Discussion/consideration of request for budget transfer to cover additional hours for extra help employees; and consideration of request to waive the 900-hour limit for extra help Deputy District Attorney Catherine Walker, extra help Office Assistant Darla Lewis, extra help Office Assistant Sharon Parks and extra help Victim Advocate Geraldine Brown, as per staff memorandum, dated March 31. Continued from April 19.

Nontimed items

– Supervisors’ weekly calendar, travel and reports.

– Consideration of appointments to the Maternal, Child and Adolescent Health Advisory Board.

– Consideration of letters of opposition to Assembly Bill 720 (potentially prohibiting the use of county employees on new road work projects).

– Consideration of proposed Ordinance amending Article IX to Chapter 15 of the Lake County Code establishing a fee-based inspection program for all water vessels launched in the county of Lake. Second reading.

Consent agenda

– Approve minutes of the Board of Supervisors meeting held on April 19, 2011.

– Approve letter of support for proposed Walker Ridge Wind Farm Project and authorize the chair to sign.

– Approve plans and specifications for Middletown Senior Center & Library Project, Bid No. 11-02, and authorize the purchasing agent to advertise for bids.

– Approve waiver of 900-hour limit for extra help Pest Detection Trapper Alice McCombs, as per staff memorandum dated April 26, 2011.

– Approve Budget Transfer B-218 from Office Expense/Postage, in the amount of $8,600, for the purchase of one (1) Elections Server, and authorize the chair to sign.

– Approve Election Information Management System (EIMS) Lease Agreement Modification between the county of Lake and DFM Associates for software support, maintenance and update service, and authorize the chair to sign.

– Adopt resolution approving a request from the Lake County Health Services Department to submit a grant application to California Environmental Protection Agency (CalEPA) for state required Electronic Reporting Transition funding for fiscal years 2010-13, and authorizing the Health Services director to sign said application and grant.

– Adopt resolution approving a request from Lake County Environmental Health Division to submit a grant application for a Certified Unified Program Agency (CUPA) Trust Fund Grant for FY 2011-12 and authorize the director of Health Services to sign said application.

– Adopt resolution authorizing the submission of Waste Tire Enforcement Grant applications for the fiscal years 2010-11 through 2015-16 not to exceed five years from the date of adoption.

– Approve the contract between the county of Lake and Dazzling Janitorial Services for janitorial services at the Lakeport Library in the amount of $10,200 and authorize the chair to sign.

– Approve first amendment to agreement between the county of Lake and Modesto Residential Living Center LLC, for residential care services for fiscal year 2010-11 (an increase of $14,350), and authorize the chair to sign.

– Approve first amendment to agreement between the county of Lake and Manzanita House, Adult Residential Facility (ARF) for residential support services for fiscal year 2010-11 (a decrease of $50,000), and authorize the chair to sign.

– Adopt resolution approving application for California Beverage Container Recycling and Litter Reduction Grant for FY 2010-11.

– Approve rental agreement between the county of Lake and Lake Aero Styling and Repair for a metal storage hangar and breeze way at Lampson Field Airport (monthly rate of $500 per month), and authorize the chair to sign.

– Award Bid No. 10-22 to Argonaut Constructors, for construction of the Hot Mix Asphalt Overlay to facilitate ice and snow removal on Bottle Rock Road, from Harrington Flat Road to 1.0 miles North of Harrington Flat Road, in the amount of $388,131, and authorize the chair to sign.

– Award Bid No. 09-12 to Gregg Simpson Trucking, for construction of the Elk Mountain Road PM 27.53 to 27.55 Storm Damage Repair project in Lake County, in the amount of $72,224.55, and authorize the chair to sign.

– Approve the expansion of membership of the Seismic Monitoring Advisory Committee, adding one additional public member from the Middletown area), and appoint Linda Diehl Darms to the committee.

– Approve easement deed and direct clerk to certify for recordation (APN 040-303-22 - Bradley Bergen), and approve right of way agreement between the county of Lake and Bradley Bergen for the construction of the temporary force main sanitary sewer line and authorize the chair to sign.

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 Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews.

CONSIDERATION OF ADOPTING ORDINANCE NO. 2011-151 APPROVING A ONE PERCENT (1%) MEDIACOM PASS-THROUGH FEE TO BE USED TO SUPPORT THE PUBLIC EDUCATION AND GOVERNMENT (PEG) CHANNEL

NOTICE IS HEREBY GIVEN that the Clearlake City Council will conduct a public hearing on Thursday, May 12, 2011, in the City Hall Council Chambers at 14050 Olympic Drive, Clearlake, California at 6:00 p.m. or soon thereafter. The purpose of the hearing is to consider adopting an ordinance to approve a one percent (1%) pass-through fee for MediaCom subscribers in the City of Clearlake to support the PEG Channel.

Members of the public are encouraged to attend the meeting and speak to issues presented on the agenda. Relevant documents will be available to the public during business hours Monday through Friday at Clearlake City Hall, 14050 Olympic Drive. Members of the public may submit written comments on the matter to the City Council prior to the hearing and/or may appear at the public hearing and speak on the matter.

City Hall Council Chambers are handicap accessible. For further information contact Melissa Swanson, at 707-994-8201 extension 106.

CITY OF CLEARLAKE CITY COUNCIL