Local Government

CLEARLAKE, Calif. – Budgets, transparency and medical marijuana were some of the topics covered at the Clearlake City Council's sometimes heated two-hour meeting last Thursday evening.


During public comment at the start of the Oct. 28 meeting, the tone seemed to get established when council candidate Joey Luiz confronted Mayor Judy Thein over her recent commentary in the local media that criticized Supervisor Anthony Farrington for comments he made in a board meeting regarding negotiations with the city.


Farrington and County Administrative Officer Kelly Cox met early last month with Thein and Clearlake City Administrator Dale Neiman to discuss the possibility of the city contributing funds to upgrade the Southeast Regional Wastewater Collection System. But Farrington had questioned the offer that Neiman had made and his withdrawal, about a week after that meeting, of the offer.


Thein wrote a commentary criticizing Farrington's comments, and Luiz criticized Thein for her comments and also criticized the council for not meeting with the board in a public forum so the community could take part. “I see that as a big disservice,” he said.


Thein, noting that only 60 protest letters to the wastewater collection system's rate hike were submitted by the community, said she objected to Farrington's representations of the meeting.


“It's time I stand up for our city,” she said, announcing she planned to read her full commentary into the record, a statement greeted with a loud boo from another council candidate, Jeri Spittler, who was sitting in the audience.


Thein spent about nine minutes reading the commentary, which can be found here: Thein: Setting the record straight about city, county sewer negotiations .


“I will never change what I feel about the city of Clearlake,” Thein said after she finished reading the document.


Councilman Roy Simons told Thein he believe she had set a precedent about speaking at length in response to derogatory remarks. Thein disagreed.


The council then held a brief public hearing on an urgency ordinance to extend for another 10 months and 15 days a temporary moratorium on new medical marijuana dispensaries. Some community members felt the length of time the ordinance would be in place was too long in light of a possible passage of Proposition 19. That measure on the Nov. 2 ballot would legalize and tax cannabis in California.


In response to the criticism of the measure, Vice Mayor Joyce Overton said, “I'd like to make something clear here.”


Overton said the city has worked on zoning for medical marijuana dispensaries for some time, and that they can wrap up the work quickly after the election. “It's not something that's going to go a year.”


Added Simons, “Simply put, when all the cards are on the table, we'll make a decision.”


The council approved the ordinance 5-0.


During a discussion on accepting the city's final budget, Neiman said the city can only affect its bed and sales tax revenues, and showed comparisons with other cities of similar size that get more in those streams of revenue.


He said one way to improve those numbers was the proposed regional shopping center, which has annual sales estimated between $30 million and $40 million, which would bring in between $450,000 and nearly $600,000 in sales tax revenue for the city annually.


However, due to a lawsuit by the Sierra Club Lake Group, the project can't be online for about four years, as opposed to the original estimate that it would be under way next year, said Neiman.


Neiman said the city has sought to improve its efficiencies, and has completed $7.7 million in capital improvements – including street projects – over the last three years, thanks to grant funding.


Overton said she had been watching the finance department's performance over the last three to four months, and she wanted to make changes.


At that point, Neiman informed the council that Finance Director Roy Mitchell had resigned and left the city that same day. Overton said that was the change she had wanted to make.


She suggested the city create a senior accountant position and promote a talented staffer rather than fill the finance director position. Neiman said he thought the new council, the composition for which will be determined on Tuesday, should make the decision.


During public comment, Spittler sped through a series of questions about the budget, questioning the need for so many police officers, suggesting retirement amounts should be cut and asking about the deficits in certain funds.


Thein pointed out that Spittler had attended the budget hearing last month and that they had gone over all of those points then.


When Spittler ran past her alloted three minutes of public comment, another council candidate, Ray Brady, picked up where she left off, then he was followed by Aqeela El-Amin Bakheit and then Luiz.


Community member Rick Mayo questioned why Neiman is preparing city budgets. “He wears too many hats.”


Replied Thein, “We have no staff, in case you haven't noticed.”


Overton attempted to answer many of Spittler's questions, explaining that Proposition P, the half-cent sales tax community members approved more than a decade ago to improve police services, was why the city had one officer for every 500 people, rather then one for every 1,000 residents, which Overton said she felt was “ridiculous.”


As she tried to answer other questions, Spittler continued calling out questions from the audience.


Overton also noted that Neiman was saving the city money by taking over additional jobs, including the community development director post.


Simons also criticized Neiman having so many roles, saying, “No one man can run the whole show.” He added that despotism does not work, “here or anywhere else.”


Thein asked where Simons was proposing they get the money to hire more staff. “You find the money and I'll be glad to do it,” she said.


Simons replied that the city was making no effort to bring back tourism. “That's your opinion,” Thein replied.


The council approved the city's budget 4-1, but continued a decision on the redevelopment agency budget, which Neiman needed more time to refine.


The discussion about the redevelopment budget also included a suggestion by Thein not to fund the Clear Lake Chamber of Commerce, which receives $20,000 annually from the city. Several community members defended the allocation.


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 .

NOTICE OF PUBLIC HEARING


NOTICE IS HEREBY GIVEN that the Board of Directors, County of Lake, State of California, has set TUESDAY, NOVEMBER 16, 2010, at 11:30 A.M., Board Chambers, Courthouse, Lakeport, as time and place to consider a proposed Ordinance amending Chapter 5 of the Lake County Code and adopting by reference the 2010 California Building Standards Code, known as the California Code of Regulations, Title 24, Parts 1 through 6, 8 through 12, incorporating the 2010 Edition of the California Building Code; the 2010 Edition of the California Residential Code; the 2010 Edition of the California Electrical Code; the 2010 Edition of the California Plumbing Code; the 2010 Edition of the California Mechanical Code; the 2010 Edition of the California Green Building Code; the 2010 Edition of the California Energy Code; the 2010 Edition of the California Fire Code; the 2010 Edition of the California Administrative Code; the 2010 Edition of the California Historical Building Code; the 2010 Edition of the California Existing Building Code; the 2009 Edition of the International Property Maintenance Code; and the 2009 Edition of the International Wildland-Urban Interface Code. A certified 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


By: Mireya G. Turner

Assistant Clerk to the Board

MIDDLETOWN, Calif. – The state has announced a delay in its grants for park projects around the state, which could impact local park development.


The California Department of Parks and Recreation has pushed back the grant announcements, expected by the end of October, to Dec. 21, according to Lake County Public Services Director Kim Clymire.


Clymire said the county is waiting to hear if it will receive millions in Proposition 84 Park Bond funds.


His department has applied for $2,636,000 for the proposed Middletown square; $3 million for trail development on Mt. Konocti; $3,125,000 for Nice's Hammond Avenue Park; $650,000 for Hinman Park in Nice; $600,000 for park development in the Clear Lake Riviera; $450,000 for trail development at the Rodman Slough; and $3,085,000 for development on Clarks Island in Clearlake Oaks.


Clymire said the county wants to move forward on the Middletown square project, which will be located on five parcels at 15771 Douglas St.; 21248, 21238 and 21268 Calistoga St.; and 21249 Washington Street in Middletown. The Board of Supervisors approved the purchase of the property for the park in October 2009, as Lake County News has reported.


The park will be located on Highway 29 in front of the new library and senior center buildings that are scheduled to be constructed next spring, Clymire said.


The $2.6 million the county is seeking for the project would include a reimbursement for the $500,000 purchase price, Clymire said. He said the total amount for the project depends on its ultimate buildout, an estimate for which isn't yet available.


If the county doesn't receive the funding, Clymire said he will have to resubmit a grant application for future funding and also ask the Board of Supervisors to allocate geothermal royalty funds in the 2011-12 budget.


However, there has been some concern from county officials about whether or not those funds will continue after one nearly successful attempt to take the funds away last year.


Without the grant, Clymire said he couldn't give an estimate of when the Middletown square would be built, because it would depend on funding.


If the county gets good news, however, his department will host a public meeting next January or February in order to make final design decisions, and get the project put out to bid and constructed as soon as possible.


Clymire said he has received 76 survey responses on the three plans for the Middletown square developed during previous public meetings.


The plans, drafted by volunteer architect David McMillian, can be viewed online at http://parks.co.lake.ca.us ; follow the link to “design plans.”


The public is encouraged to continue to submit comments, recommendations and suggestions regarding the draft plans, Clymire said.


He said designs for the other parks in development already have been finalized at previous workshops and meetings.


Clymire, who offered thanks to the community for assistance and interest in the Middletown square project, said the community can direct questions about the park to the Public Services Department at 707-262-1618.


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 .

LAKEPORT, Calif. – At its Tuesday meeting the Lake County Board of Supervisors will consider halting further development of a local ordinance relating to genetically engineered (GE) crops.


The board meeting will begin at 9 a.m. Tuesday, Nov. 2, in the board chambers at the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.


The GE ordinance discussion is scheduled to begin at 9:45 a.m.


This past February, the board unanimously accepted a set of proposals to use as the basis of an ordinance to regulate GE crops in Lake County, the result of about a year's worth of work done by the board-appointed GE Crops Advisory Committee, as Lake County News has reported.


However, the board is now looking at stopping work on such an ordinance and instead sending a letter to the state Legislature and federal regulators in support of the identification of GE ingredients on food labels.


In other news, in an untimed item, the board is expected to hold the second reading of an ordinance to amend the charges and fees for the county's Southeast Regional Wastewater Collection System.


The board also will hold a closed session for a performance evaluation of Public Works Director Brent Siemer, and conference with legal counsel regarding a potential case of litigation to seek declaratory relief regarding AB 3632, an unfunded state mandate requiring provision of services to children with disabilities.


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.: Presentation of proclamation designating the week of Nov. 7-13 as In-Home Supportive Services Caregiver Week in Lake County.


9:20 a.m.: Discussion/consideration of proposed bylaw revision regarding Clear Lake Advisory Committee membership categories.


Nontimed items


– Supervisors’ weekly calendar, travel and reports.


– Update on emergency action taken on March 2, 2010, regarding the Southeast Regional Wastewater Collection System - Interim Collection System improvements.


– Consideration of proposed memorandum of understanding between the county of Lake and Alan D. Clark, Kimberlee R. Clark, Lawrence M. Robbins and Louise Robbins for the purchase of an existing privately-owned bridge and a public road easement for the proposed construction of a new public road connecting Wildcat Road and State Route 175.


Consent agenda


– Approve minutes of the Board of Supervisors meeting held on Oct. 26, 2010.


– Adopt proclamation designating the week of Nov. 7-13 as In-Home Supportive Services Caregiver Week in Lake County.


– Terminate appointment of Clear Lake Advisory Committee member Charles O’Neill-Jones, per committee bylaws.


– Approve leave of absence without pay, for medical reasons, for Animal Control Director Denise Johnson (for period from Nov. 7 through Dec. 31, 2010), and authorize the chair to sign.


– Approve amendment No. 1 to the memorandum of understanding between the county of Lake and the Lake County Correctional Officer’s Association for 2010-11, to correct error in vacation leave accrual rate, and authorize the chair to sign.


– Adopt revisions to the county travel policy (regarding restrictions for overnight stays at hotels and employee participation in activities outside conference trainings).


– Approve entry form for 2011 California State Fair Counties Exhibit, and authorize the chair to sign.


– Adopt resolution approving agreement 10-384 with the state of California; Department of Food and Agriculture and authorizing execution and signature for pest exclusion/nursery inspection activities for fiscal year 2010-11.


– Adopt resolution appointing directors of certain special district boards in lieu of holding a general district election on Nov. 2, 2010.


– Adopt resolution appointing directors to the East Lake Resource Conservation District.


– Approve amendment to Lower Lake County Waterworks District No. 1's Conflict of Interest Code, pursuant to district’s approval on Oct. 12, 2010.


– Approve site modification request for an equipment change (installing a replacement generator for tenant, Edge Wireless, LLC), per the AT&T Mt. Konocti Communications License Agreement, and authorize the chair to sign.


– Approve advanced step hiring of extra help Solid Waste Heavy Equipment Operator Daryl Prather, due to applicant’s extraordinary qualifications (fifth step salary range).


– Approve permit to conduct aeronautical activities at Lampson Field Airport (Lake Aero Styling and Repair), and authorize the chair to sign.


– Approve permit to conduct aeronautical activities at Lampson Field Airport (Jack Olof), and authorize the chair to sign.


– Approve amendment to agreement between the county of Lake and Jason K.T. Trent, MD, for pathology services (correcting the inadvertent omission of the handling fee charge for toxicological testing), and authorize the chair to sign.


– Approve the cooperative law enforcement agreement between the county of Lake and the U.S. Forest Service, for enforcement efforts on Forest Service lands, and authorize the chair to sign.


– Adopt resolution amending Resolution No. 2010-135 establishing position allocations to conform to the adopted budget for fiscal year 2010-2011, Budget Unit No. 5011, Department of Social Services.


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 .

LAKEPORT, Calif. – Lakeport Police's school resources officer will share an overview of her activities to the Lakeport City Council when it meets this week.


The meeting will begin at 6 p.m. in the council chambers at 225 Park St., Lakeport. Staff reports for agenda items can be downloaded at www.cityoflakeport.com/departments/home.aspx?deptid=88 .


Lakeport Police Officer Stephanie Green will make the presentation to the council.


Green works with the Lakeport Unified School District, where she has a presence in working on school- and student-related issues.


Also on the council's short meeting schedule is a consent agenda with warrants, minutes and an application from the Clear Lake Road Riders for the club's 18th annual Lake County Toy Run on Dec. 5. The club is seeking a police escort through Lakeport for the event.


The council also will hold a closed session regarding a case of pending litigation, City of Lakeport v. Vincent.


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 .

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Wes Chesbro wants to return to the state Assembly for a second term. Courtesy photo.


 

 


LAKE COUNTY, Calif. – The legislator representing the North Coast in the state Assembly is hoping voters will choose to send him back to Sacramento this November.


Wesley Chesbro, representing the First Assembly District, is looking to return to the state Assembly for his second, two-year term.


He previously served two four-year terms in the state Senate after serving 10 years on the Humboldt County Board of Supervisors and six years on the Arcata City Council. He's also been an appointed member of the California Integrated Waste Management Board.


He said his overall strategy is to put the First District first, with protecting rural communities a higher priority than adhering to party lines or philosophies.


Chesbro, like many other sitting elected officials around the state and nation this year, is facing a strong anti-incumbency sentiment, and out of that has grown a challenger, Karen Brooks of Humboldt County, who is looking to unseat him.


Brooks, calling herself a “citizen candidate,” has canvassed the North Coast over the last several months, making several stops in Lake County. The two met for a debate on Monday that was televised on a North Coast Public Broadcasting System station.


“She's very earnest and sincere and I admire her for putting herself out there like I do any candidate who is willing to put themselves out there,” Chesbro said of Brooks.


Despite the sharpened criticism of a particularly heated election year, Chesbro staunchly defends his record, and points to a number of accomplishments of which he is particularly proud, including defending services to rural counties like Lake.


Chesbro believes that people are more interested in who has the practical solutions rather than in philosophical and ideological debate.


The Tea Party, which supports his opponent, “tends to really be on the fringe, advocating based on political philosophy rather than practical, bipartisan solutions,” said Chesbro.


As a result, he predicts they'll have very little impact on California races, although their influence is likely to be felt in other parts of the country.


Brooks and her supporters have criticized Chesbro for being a part of the establishment, and claim he is out of touch with his constituents.


In turn, Chesbro said some of Brooks' positions – like one in which she is pushing for more Northern California water exports to benefit Central Valley farmers – is a Tea Party talking point and isn't based on what's best for the North Coast, where such a plan would threaten the endangered salmon fishery.


He said Brooks is “to the right” of the district, which has been a Democratic stronghold for some time.


Chesbro said he's been able to represent the district meaningfully, and has worked with his urban colleagues to help them understand that real people with real needs live in rural areas.


In addition, “I've been able to protect rural services by working in a bipartisan coalition with other rural legislators,” he said.


That work has yielded the protection of funding for rural sheriff's offices, which will continue to receive funding through July 1, 2011. Chesbro is co-authoring a bill that will be introduced in January to provide long-term funding support for the program through a 0.15-percent surcharge on the vehicle license fee.


Chesbro said he helped get an exemption for small, critical access hospitals – like Sutter Lakeside and St. Helena Hospital Clearlake – from Medi-Cal rate reduction.


He also helped pass legislation to make it easier for rural volunteer firefighters to get licensed to drive fire trucks and other heavy vehicles.


For Lake County specifically, in the first year of the legislative session Chesbro said he succeeded to getting funding for the Middle Creek Restoration Project through AB 74. The project would return about 1,400 acres to wetland in order to reduce sediment and phosphorous loading in Clear Lake.


Chesbro also secured a $100,000 grant to help the county in fighting Clear Lake's algae problems.


He said he helped avoid massive cuts to home care, which is important to Lake County's aging population. Gov. Arnold Schwarzenegger proposed a huge reduction in home care “and we said no to that,” Chesbro said.


Chesbro, a member of the Assembly Budget Committee and Budget Subcommittee No. 1 on Health and Human Services and Budget Subcommittee No. 2 on Education Finance, said that this year's state budget “is nothing to be proud of but it's the very best we could do in these tough economic times.”


He said the governor's original budget would have eliminated 430,000 jobs for teachers, firefighters and police. Chesbro said the Legislature refused to make the kinds of draconian reductions Schwarzenegger proposed.


“We saved those jobs,” he said, and also allocated $30 million for small business job creation.


Chesbro said the state's budget problems have been mostly driven by loss of revenue due to a bad economy. He said the governor's budget proposal would have created such deep cuts that the economy would have suffered more.


He said he was particularly unhappy with the delays in the budget, and he believes Proposition 25 will help fix the state's budgeting process.


He said the measure will lower the voting requirement on the budget from a two-thirds majority to a simple majority. California is one of only three states that maintain a two-thirds vote requirement on their budgets.


Chesbro also believes the measure will require greater accountability. If the budget isn't passed on time, as required by the state constitution, legislators would permanently lose their salary and expenses for the time period when there was no budget. Current law allows legislators to be reimbursed after the budget's passage.


“I'm in favor of Proposition 25,” he said.


Looking ahead, one of the areas where Chesbro said he hasn't succeeded so far but where he plans further effort is with a bill to allow rural hospitals to directly employ physicians, which he said would help attract more specialists and give hospitals another tool to recruit.


Another goal going forward is to correct damage done by the governor's vetoes to critical funding services, including recent cuts to services for children and seniors.


Much of that work, he said, will require a governor “willing to support rebuilding those programs.”


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 .

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