CLEARLAKE – A longtime incumbent and a second-term Clearlake City Council member are racing this year to represent District 2 on the Lake County Board of Supervisors.

The race this year pits Jeff Smith, the three-term incumbent, against Joyce Overton, a Clearlake City Council member and currently the city's vice mayor, who has been on the council for the past six years.

District 2 is the county's smallest supervisorial district by land area, but because it includes the city of Clearlake it has a significant constituency. Running west to east, it stretches from the shores of Clear Lake to Colusa County.

Smith has been challenged for reelection before, most recently in 2006, when several challengers stepped into the race, which ended with him beating the entire field with a wide margin in the June primary.

However, Overton may prove to be one of his most serious challengers to date, with an already established background in local government through her work on the Clearlake City Council, of which Smith also was a member before moving to the District 2 chair.

Overton said she's challenging Smith because a change is needed in the leadership at the county level.

The election is June 8.

Smith seeks fourth term

Smith, 56, a native of Michigan who moved to California with his family when he was just a child, arrived in Lake County in 1976. He's raised his children here and been a successful businessman.

He has two grown children who live in Sparks, Nev., two stepchildren with wife Cathlene who live locally, and three grandchildren in Nevada, ages 6, 12 and 14.

He served for two years on the Clearlake City Council before running for District 2 supervisor. His third term in that job ends this December.

With help from wife Cathlene, Smith is campaigning for reelection, seeking his fourth term on the board. He said getting out and speaking with constituents is something he enjoys, and it reminds him of why he originally got involved in public service.

Why run again? He said he has a lot he still wants to see accomplished.

His to do list includes upgrades to the Southeast Regional Wastewater Collection System, a project he wants to see completed within the next two years because it's needed for expansion – not just for the proposed commercial development at the city's Pearce Field airport property, which only will take about 120 connections – as well as for residential lots in Lower Lake and the avenues area of Clearlake.

The project, he said, is a “win-win” for the district's residents.

He supports the Lowe's project, which he said he's received mostly positive feedback on from the many community members with whom he's discussed it.

Smith said the project offers Clearlake a chance to move forward in a positive direction. “If we can get an anchor store in that property, that's what we need to do,” he said, adding that, no matter what goes in at the location, the property needs to be used.

The sales tax revenues will benefit Clearlake, said Smith, pointing out that because of lost sales tax revenue, “We're building great roads in Santa Rosa and Ukiah.”

He also wants to work on Clear Lake to avoid the kind of algae issues that hit the county last year. It had been about a decade since the last time a large algae bloom occurred, he noted.

In his 34 years in the county, Smith – who spent time on his own boat last summer trying to break up the algae mats around Clearlake's parks – said he's not seen an algae situation that held on as long. But the county has hired Scott DeLeon to be the new Water Resources director, which Smith said is going to be “fantastic” and will help the county be prepared moving forward.

Smith also wants to work on getting movement from the Environmental Protection Agency on the Sulphur Bank Superfund site in Clearlake Oaks, a project which he said has taken a “ridiculous” amount of time but hasn't been resolved.

In addition, he'd like to see the Middle Creek restoration project through, as he said it affects everyone because of the impact it will have on the lake through restoring wetlands.

“There's so many things I think that we have been able to accomplish in the time I've been in there,” he said.

He also is particularly concerned that there needs to be continuity and experience on the Board of Supervisors if County Administrative Officer Kelly Cox decides to retire at the end of the year, as he's hinted that he might. Smith said an experienced board will be needed to help break in Cox's successor and make sure that the county's careful fiscal practices remain consistent.

During his time on the board, Smith said he's proud of many of the board's many accomplishments, including Basin 2000, which included improvements to the county's wastewater collection system. He said he still wants to see the Full Circle Project completed, with the Lakeport and Kelseyville communities hooked into the county wastewater system that rings the lake and take treated effluent to The Geysers steamfield for injection.

As for the No. 1 item, “The purchase of Mt. Konocti was probably the biggest thing in anybody's career that you could really be proud of.”

He said there also have been “bumps in the road,” where board members may not agree, but they really work together well and, when they disagree, they're back the following week, working toward the same goals.

One of the things Smith said he has learned while on the board is the importance of compromise and talking out differences.

He's also proud of what he's been able to bring the city in terms of resources, including a recent $40,000 allocation for a community garden at the senior center.

Overton has said she doesn't think the county is giving the city is fair share, which Smith contends isn't accurate. He said he believe he has a “fantastic working relationship” with the city, and that he's filled the requests that he could.

In recent years he's been criticized in some quarters for time spent in Southern Oregon, where he owns property. He's been hunting in and visiting that area since 1970, and in 2009 he served on the board for a wetlands and waterfowl group, which required him to travel up for monthly board meetings.

Last December, he resigned, noting, “It was way too much for me.”

He said he became involved with the group after a cholera die-off of wild ducks on Clear Lake several years ago. The group sent an air boat and an operator to help collect ducks and Smith had promised to help them in turn. So when they called on him, he joined the board.

Smith said he's since taken a class to operate an air boat and explained that the connections he made with that and other waterfowl groups makes it possibly to quickly call in resources in the event of another die-off.

Overton says she understands challenges

While a supervisorial seat may differ from that of a city council member, Overton said she's prepared for the transition and maintains that she has the capability and knowledge to perform the duties.

Overton, 53, said she decided to run because she doesn't believe the Clearlake area is getting what it needs from the county.

“I think it's just time for change at the supervisors level,” she said.

Members of her family first arrived in the county in the 1960s, and she first moved to Lake County in the 1970s, staying six years before leaving. She returned for a short time in the 1980s but was back to stay as of 1995. She said she has numerous family members in the area, including her two sisters.

Taking on an incumbent is no easy job, Overton said. It's always harder running against someone in the seat.

However, when it comes to the challenges facing constituents and what she's hearing on the campaign trail, Overton said a big issue in the race is the economy.

“People want to know what we're going to do” and what economic help the candidates can provide for the community, Overton said.

If elected, Overton said she intends to make the supervisor's post her full-time job.

She's been frustrated at county-city relations on some projects, such as the Southeast Regional Wastewater Collection System, which needs upgrades to the tune of around $5 million.

While the city at one point had pledged half of that cost in redevelopment money, it has since stopped negotiations on an agreement – which Smith had supported – citing fiscal troubles and uncertainty over the whether or not its Lowe's shopping center project on Highway 53 is even going to move forward.

Overton had stated in public meetings that she believed the county was responsible for the system upgrades, not the city.

She also saw firsthand the struggle that the city's businesses faced last year because of a massive algae bloom – the likes of which county Water Resources officials said they hadn't seen in decades.

“It was devastating,” she said, noting that the city's transient occupancy taxes – also called “bed” taxes for accommodations – were “zilch” because of the algae bloom.

“In my mind it just wasn't necessary,” and something should have been in place to have prevented it, she said.

Last summer Overton – who also is a member of the Clear Lake Advisory Subcommittee, which looks specifically at lake issues – hosted a series of town halls with local business owners and Water Resources personnel to discuss Clear Lake's challenges.

She pointed out that the attention drawn to the problem has since resulted in the county receiving about $100,000 in grant funds for work on the lake.

Regarding the city's Lowe's project, Overton is guarded on the topic, which she said is necessary because the city is being sued over it by the Sierra Club Lake Group. She told Lake County News in an interview in March about the suit that she had expected it would happen.

However, pointing to her comments during the public hearings on the topic earlier this year, Overton noted, “I think everybody knows that I did not support the (mitigated) negative declaration.”

Overton voted against approving the project without an environmental impact report, but voted for the other associated motions, including approving the property sale and a land swap for an easement with a neighboring property owner.

“I didn't want to use our redevelopment money for that project,” she said. “I wanted to use our redevelopment money for our Lakeshore Drive.”

What didn't go before the council, said Overton, was the economic impact for the city if redevelopment was used on Lakeshore Drive, where many community members have voiced a desire to see better infrastructure, such as curbs, gutters and sidewalks.

“We didn't have anything to compare it to,” she said.

In her time in the community and while working as a council member, Overton has been involved in a variety of social issues.

She's worked with the Lake County Community Action Agency – for which she is a board member – to form local youth centers. Three currently are open in Clearlake, Clearlake Oaks and Middletown. Overton said she'd like to see a fourth open in the Lakeport or Lucerne area.

Her work on behalf of youth also includes being a founding member of the Clearlake Youth Center and a member of the Safe House for Youth Committee.

Overton also began the “Warm for the Winter” drive, now in its second year, which provides the homeless with warm clothing, tents and nonperishable foods.

Most recently, she's assisted with organizing a local homeless coalition, a group of individuals and social agencies collaborating to address the city's growing homeless population. Part of the group's goals include the creation of a 10-year plan to end homelessness, such as has been adopted in other communities across the country.

She said a shelter is needed somewhere in the county to offer homeless a place to stay temporarily.

Overton chairs the board for the local PEG Board, which oversees the community access television channel, TV8. Smith also is a member of the board, which has been criticized by community members for changes to the station's handling of videos.

Her other responsibilities include acting as president of the Redwood Empire Regional Board, sitting as a board member for the California League of Cities and the Clean Water Advisory Committee. She's also a board member for Lake County Special Districts.

Other interests for the supervisorial hopeful are encouraging the use of green energy in local developments and a facelift for Clearlake's Lakeshore Drive.

She said the city's redevelopment has been mismanaged, and that by this time Lakeshore Drive should have looked like new.

In the current economy, changes aren't going to be easy. “It's going to be really rough for this county for five years,” she predicted.

Overton said the community needs to work together to decide what it wants Clearlake to look like in 10 years.

She said she values public input and if elected plans to hold more town halls to gather the suggestions and ideas from the talented, smart people in the district.

A spirited debate

The two candidates met for a televised debate this past Tuesday at the council chambers at Clearlake City Hall. The debate is being rebroadcast on TV8.

During the debate, Overton and Smith were asked several questions about their priorities if elected supervisor, the skills and characteristics that qualify them to serve on the Board of Supervisors in the coming four years, the Burns Valley Pathway project, the Lowe's project, what actions should be taken to prevent quagga mussels infecting the lake and if they supported zones of benefit.

Both Overton and Smith listed protecting Clear Lake as a major priority and shared their experiences in the community and local government.

It was at the end of the debate that a few sparks flew as they were summing up their qualifications and goals in their closing statements.

Overton suggested that Smith hadn't done enough for his district when it came to bringing money and resources.

In particular, she said more money was needed for the youth centers in the area.

She also referred to the $100,000 grant the county received in the wake of town halls she held last year on the county's algae problem.

She said the true government is the people.

“It's time to march on for all of us,” she said.

Smith replied by saying that was the most he had ever heard from Overton about what he hadn't done for the city of Clearlake.

He said that Supervisor Denise Rushing had worked to get the $100,000 grant, and that the county was just as badly impacted from algae as from the negative publicity that he blamed Overton for; she was featured in Bay Area TV coverage of the issue.

“It's amazing, it's election time and I hear these things I haven't done,” he said.

He added, “If you think I've done a good job, I'm up for a rehire.”

Learn more about the candidates by visiting their Web sites: www.jeffsmithdistrict2.com or http://joyceoverton.net.

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

LAKEPORT – Lake County's Animal Care and Control Advisory Board gave the Board of Supervisors a brief report on Tuesday regarding its findings in a horse neglect case involving a county animal control officer.

Advisory board members Grant Murray, John Gay and Dr. Susan Cannon, the group's chair, spoke to the supervisors about the case of Officer Terrie Flynn, who in February signed over an injured stallion and later gave another horse to rescue.

She had six horses in all, one of which belonged to her mother-in-law, Animal Care and Control Director Denise Johnson, as Lake County News has reported.

Deputy Director Bill Davidson wrote notices of violation on the horses due to the stallion's injury and his weight, as well as the weights of the other horses, which were considered too thin.

Earlier this month, the Animal Care and Control Advisory Board sent a letter to the supervisors outlining their findings in the case.

Cannon, who authored that letter, told the board Tuesday that the advisory board's original purpose in looking into the case was to determine if Flynn had received special treatment or was treated differently.

“Our conclusions were that, yes, she was treated different,” Cannon said.

What the advisory board hasn't been able to conclude is whether or not that special treatment was intentional, she added.

By the time the advisory board started looking into the case, it had been handed off to a Mendocino County Animal Control officer who was brought in to investigate the case, according to Cannon.

The horses were discovered in their condition while Flynn was out of state on Feb. 5. Senior Animal Control Officer George Hodgson began his investigation on Feb. 16, according to the case documents.

Referring to Hodgson's report, Cannon said, “That report, we believe, was poorly done.”

It was “superficial,” and failed to ask and answer important questions, she said.

Hodgson's report found no criminal wrongdoing. It also found no violations, said Cannon, in spite of the fact that Davidson had written notices of violation at the scene. By the time the advisory board became involved, those notices of violation had either been nullified or voided, she said.

“In essence there was nothing that was going to be done” from a legal standpoint, Cannon added.

But what the investigation failed to answer, said Cannon, was if the horses were being properly cared for by Flynn, who Cannon said appeared to be able to walk away with no repercussions.

Since then, according to Cannon, Davidson has stated that he disagreed with Hodgson's conclusions.

Regarding the notices of violation, Cannon said the advisory board was told two things about them – that they had been nullified and that Davidson, who originally had issued them, felt he had been told to back away from the case while Hodgson handled it.

Cannon said the notices were reinstated after the advisory board became involved and started asking questions. She noted that Animal Care and Control has been following up on the animals' care, and that some of the horses have been moved.

“So everything's under control at this point,” she said.

Cannon, who said she has been involved in examining at least half a dozen such cases, said a normal private citizen would have been looked at over several months, with Animal Care and Control visiting their property.

“In that sense, yeah, she was treated differently,” Cannon said of Flynn.

Cannon asked if it was intentional, or if that different treatment resulted because the investigation was started and stopped, then taken up by someone else.

Regarding the Mendocino County report, Cannon said the advisory board concluded either that the officer was “incompetent,” had bias toward Flynn or that Mendocino County has much lower standards for animal control than those of Lake County.

When Gay and Murray were asked if they had anything to add, Murray said Cannon had covered it exactly.

“You know, it's a balancing act when we're dealing with personnel issues,” said Board Chair Anthony Farrington.

Even so, he said he believes transparency is prudent and the right thing to do.

“The board is taking this very seriously,” he assured the advisory board members. “We've embarked upon an independent investigation.”

Farrington said that was all that the board could disclose about the case at that time. “We hope to reach a conclusion in the near future,” he said.

“Where does this stand?” asked Supervisor Denise Rushing. “What's the timing of the independent investigation?”

County Counsel Anita Grant said the independent investigation was expected to be completed on Wednesday. Officials had previously stated that they were bringing in a third-party investigator to conduct the inquiry.

Grant added that she spoke with Sheriff Rod Mitchell on Tuesday morning, and that the matter also is being actively investigated criminally.

Rushing said one of the advisory board's recommendations in its letter is that county animal control officers should be treated the same as anyone else.

“I'm going to say that I think they should be held to a higher standard,” said Rushing.

“Because this is an employee of the county, we have added responsibility on top of that,” she continued. “Whatever comes out of this investigation we need to be very clear about that.”

Farrington said he agreed “wholeheartedly” with Rushing.

“I believe we have to lead by example,” he said.

Farrington added that he thinks the independent investigation undertaken by the county was the most prudent way of handling the case.

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

NOTICE OF PUBLIC HEARING

CITY OF CLEARLAKE PLANNING COMMISSION AND CITY COUNCIL ON THE PROPOSED AMENDMENT OF THE CITY’S HOUSING ELEMENT

NOTICE IS HEREBY GIVEN that the Clearlake Planning Commission will hold a public hearing on Tuesday, May 18, 2010, at 6:00 PM in the Council Chambers at 14050 Olympic Drive, Clearlake, California to consider a recommendation to the City Council on the proposed amendment of the Housing Element and adoption of the Community Profile Element of the City’s General Plan.

Notice is also given that the Clearlake City Council will hold a public hearing on May 27, 2010, at 6:00 PM in the Council Chambers at the address above to consider the recommendation of the Planning Commission, amendment of the of the Housing Element, and adoption of the Community Profile Element of the City’s General Plan.

You are invited to come to the public hearing to ask questions or comment on the proposed amendment of the City’s General Plan. Information is available at City Hall for review at the Community Development Department. Written comments may be submitted to the Community Development Director on or before the day of the meeting at the following address:

Dale W. Neiman

City Administrator

City of Clearlake

14050 Olympic Drive

Clearlake, CA 95422

City Hall Council Chambers are handicap accessible. For further information contact Nathalie V. Antus, at 707-994-8201 extension 102.

 

LAKEPORT – After five hours of discussion, public comment, enormous amounts of information and the occasional moment of frustration, the Board of Supervisors directed the county's Community Development Director to come back in about two months with revisions to proposed ordinances for medical marijuana cultivation and dispensing.

Community Development Director Rick Coel and county administration – including some members of the Board of Supervisors – began working on draft documents last year, and the Board of Supervisors passed an interim moratorium on the formation of dispensaries and collectives to allow the drafts to be completed.

Coel presented the documents to the board beginning at 10 a.m. Tuesday before a packed chamber.

Formal adoption wasn't possible or even expected Tuesday because of legal notification requirements, Coel said. “This is simply to get some feedback from your board on the various components in these ordinances,” and to get direction if they should move forward on the formal adoption process.

First up was the dispensary ordinance, followed later in the afternoon by an ordinance governing cultivation.

Regarding dispensaries and collectives, Coel had used ordinances from other parts of the state – notably Shasta County and the city of Arcata – to create guidelines that included setbacks; required distances from schools, parks and residential areas; major use permits; and C3, M1 and M2 zoning locations, of which there were 310 parcels consisting of 650 acres countywide, Coel said.

It was noted later in the meeting that, if all regulations such as setbacks and required distances were implemented, 111 of those parcels totaling 233 acres would be available as dispensary locations.

Annual compliance audits would be conducted jointly by Coel's department and the sheriff's office, he said.

He suggested that if dispensaries are to be operated in the county, strict controls should be in place to make sure they're operated correctly. Based on observations locally and in other jurisdictions, the majority of those seeking recommendations are in their 20s and 30s, and Coel said that the impact of dispensaries on the local economy is expected to be similar to that of casinos.

Coel said Tuesday that the discussion was “the first step in a lengthy process” that would include more public hearings before the Lake County Planning Commission and the supervisors.

Board Chair Anthony Farrington raised concerns about privacy in relation to a requirement for records. Supervisor Jeff Smith also questioned why the nonprofit collectives can't sell other paraphernalia, noting that the nonprofit Hospice Services of Lake County has a retail aspect in its local thrift shops.

In addition, Farrington questioned not making the C2 zoning district available to the establishments. Coel said C2 governs main streets, business districts and redevelopment areas. Some dispensaries already are located in those places, which has resulted in complaints to Coel's staff.

“It's a polarizing issue, that's the problem,” Coel said.

Supervisor Jim Comstock said a Middletown Realtor contacted him to complain about a collective being located next door and causing the loss of a real estate sale.

Supervisor Denise Rushing suggested making the C2 zoning available at a higher standard.

Farrington pointed out that the ordinance didn't permit edible products to be sold on premises. He said for some patients, such products are less carcinogenic and more palatable. Coel said that aspect came from other ordinances he'd used as a basis for the document.

When asked about having major use permits for dispensaries, Coel explained that it was proposed due to the complexity of the process, and his preference that the planning commission hear the cases. But ultimately he said it was up the board.

Over the next several hours, more than two dozen people spoke about their concerns over the ordinance or more general issues with medical marijuana use. Speakers included high schoolers who attended as part of a class to medical marijuana patients and activists.

Leah Palmer, who works with Dr. Milan Hopkins in Upper Lake, agreed with regulations for cannabis collectives, but asked that they not be moved from downtown areas. “We need safe access and that's what this is all about.”

Mike Lawrence, owner of the Northern California Collective in Lower Lake, was among several people who told the board that marijuana offered a potential source of economic vitality for the county, saying tens of thousands of investors are looking at the area.

With a November ballot measure seeking to make marijuana legal throughout the state, “This could make Lake County No. 1 in the nation,” Lawrence said.

Clearlake businesswoman Jeri Spittler said the revenues from the dispensaries are needed. “The dispensary isn't a negative in my neighborhood,” she said noting that the building in which the establishment is located is the cleanest it's ever looked.

Lower Lake attorney Ron Green had a number of issues with the ordinances as presented. He and retired District 1 Supervisor Ed Robey have worked on medical marijuana-related issues around the county, and he referred to two documents – including a proposed ordinance drafted by Robey – that had been sent to the board. Robey wasn't able to attend Tuesday.

Green said most dispensaries and collectives currently are located in C1 and C2 zoning, “and that's where they belong.”

Rather than a major use permit, Green said he and Robey proposed a licensing system. He said the 1,000-foot restrictions between dispensaries and many places is too limiting; rather, he suggested that they not be allowed within 500 feet of schools, with all other distance limitations dropped.

Green also argued that edibles are needed at dispensaries, as is the ability to cultivate small amounts of marijuana on the premises. Records requirements proposed in the ordinance violated federal health privacy rules, he said, and would have a “chilling effect” on the establishments.

He said there is no rush to finalize the dispensary ordinance, requesting that a citizens advisory committee be formed, an idea the board eventually rejected due to expectations of a years-long process.

Clearlake resident Joey Luiz said the dispensaries should be zoned the same as pharmacies. He said they were sitting “on top of an oil field in this county” when it came to medical marijuana. “It's going to be big.”

As a businessman, Luiz said he wants to see the county come out of poverty. “We need to make the right decision and show people that we are reasonable when it comes to marijuana.”

Dr. Rob Rosenthal of Middletown, who offers recommendations for medical marijuana patients, said it still has a “moral stigma” for some people.

“We are helping this country,” he said. “We are not helping to ruin this country.”

Joe Fernandez of Upper Lake, a Vietnam veteran injured in a a helicopter crash, said medical marijuana has helped him.

“I don't disagree that it has to be regulated, but we need to quit looking at it in a negative way,” he said.

Cultivation ordinance looks at small and large growing operations

During the afternoon discussion on cultivation, Coel explained that the draft ordinance sought to keep smaller grows out of sight to prevent crime, and to keep medical marijuana away from property lines and out of setbacks in order to deal with complaints from neighbors. He said on-site management practices are needed.

Qualifying patients need to occupy the dwelling where the growing takes place, and indoor cultivation with proper ventilation should be conducted within a spare room in order to prevent homes being purchased just for growing purposes, the documents said.

Larger operations required the same 300-foot buffs that other agriculture does, with a use permit for legal notification, a requirement that concerned some people due to fears of theft and other crimes. The ordinance requires that larger cultivation operations not take place on less than 10 acres, while smaller grows are limited to 60 square feet or 100 square feet for two people in a yard.

One of the reasons such guidelines are needed, said Coel, is that the state hasn't done a good job of defining the rules for medical marijuana.

Referring to information from California NORML, County Counsel Anita Grant said that the California Supreme Court ruled that state limits under SB 420 – a state law that set down guidelines allowing patients to have six mature or 12 immature plants, plus 8 ounces of processed marijuana – were unconstitutional, and that patients are entitled to have whatever amounts their doctors recommend.

Supervisor Rob Brown suggested that the concept of compassionate marijuana use has been lost by those people who simply want to make a profit.

During public comment, many community members asked for reasonable guidelines in order to grow their own medical marijuana. Some threatened litigation if their rights were hampered.

There also was criticism of the process to draft the documents so far. Smith said there was no more open and transparent way for the board to do business than to work on the issues publicly and in meetings.

“Let's find the best end result for everybody,” he said.

Dr. Janet Weiss, a Berkeley-based toxicologist and physicians who has worked on medical marijuana issues around the state, said the ordinance had good parts and other areas that needed to be fixed.

“It's an important starting point,” she said.

Ronda Mottlow urged the board to approach the ordinances in the “spirit of 215,” with the emphasis on safe access.

She asked if the cultivation restrictions would supersede the county's right to farm ordinance. Mottlow suggested that the ordinance's limits are unconstitutional and that the county is opening itself up to lawsuits.

Brown said one of his major complaints relates to backyard grows, noting that at a Kelseyville High School football game he could smell the stench from grows in backyards all over the town.

Rushing asked about using a “zip-tie” program such as is used in neighboring Mendocino County. The ties go around the bases of plants and help law enforcement determine if gardens are in compliance. Farrington suggested he and county Health Services Director Jim Brown could do outreach on the zip-ties to find out more.

Grant explained that Proposition 215, which decriminalized medical marijuana in 1996, is a protection from criminal prosecution. She said it doesn't prevent a local jurisdiction from implementing zoning rules.

Counties have been using their zoning authority to enact moratoriums, Grant pointed out. She said the courts also have “exhaustively” looked at the issues surrounding enforcement of local codes. There are many rights, she added, that cannot be employed in all locations.

Coel asked for six to eight weeks to bring back updated drafts of the ordinances that included suggestions made by the board Tuesday. First, however, he said he and his staff needed to work on a “ridiculously complex” housing element and its associated grants.

The board decided to continue working on the draft document to “dial it in” before beginning the formal legal process, which will include public notices and future hearings.

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

NOTICE OF A JOINT PUBLIC HEARING OF THE CLEARLAKE CITY COUNCIL AND THE CLEARLAKE REDEVELOPMENT AGENCY REGARDING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HIGHLANDS PARK COMMUNITY DEVELOPMENT PROJECT

PLEASE TAKE NOTICE that a joint public hearing will be held before the Clearlake City Council and the Clearlake Redevelopment Agency to consider an ordinance approving and adopting a proposed amendment (“Amendment”) to the existing Redevelopment Plan for the Highlands Park Community Development Project (“Existing Plan”) to do the following: (i) extend the time limit on the effectiveness of, the time limit for incurring indebtedness under, and the time limit to collect tax increment revenues under the Existing Plan for an additional ten (10) years; and (ii) increase the limit on the total amount of tax increment revenues that can be collected by One Hundred Sixty Million Dollars ($160,000,000) and the amount of bonded indebtedness which can be outstanding at one time by Twenty-Five Million Dollars ($25,000,000) under the Existing Plan. The legal description of the boundaries of the Existing Plan are available at the Lake County Recorder’s Office and at City Hall.

Pursuant to Health and Safety Code Sections 33333.11 and 33452, the City Council and Clearlake Redevelopment Agency will hold a joint public hearing to consider the Amendment as follows:

DATE: June 7, 2010

TIME: 6:00 PM

PLACE: City Council Chambers

14050 Olympic Drive

Clearlake, California 95422

Any person may attend the public hearing and observe, make inquiries and present evidence and testimony regarding the Amendment. Comments regarding the Amendment may also be submitted in writing to the City Clerk in advance of or at the public hearing for inclusion in the record of the public hearing. Written comments should be submitted to the City Clerk at the Office of the City Clerk, 14050 Olympic Drive, Clearlake, California 95422.

Any subsequent legal challenge to the Amendment may be limited to raising only those issues raised at the public hearing described in this Notice or in written comments submitted to the City Clerk in advance of or at the public hearing.

If you have any questions regarding this Notice or the Amendment, please contact Dale W. Neiman, Executive Director at (707) 994-8201, ext. 120.

Date: April 27, 2010

________________________

Melissa Swanson, City Clerk

LAKEPORT – Two draft ordinances that would govern how medical marijuana is dispensed and cultivated in Lake County will go to the Board of Supervisors this Tuesday.

The meeting will begin at 9 a.m. Tuesday, April 27, in the Board of Supervisors chambers at the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.

The medical marijuana ordinances discussion is scheduled to start at 10 a.m.

Last year, the county's Community Development Department began working on zoning-specific ordinances to govern where and how medical marijuana is handled, as Lake County News has reported.

On Sept. 15, 2009, the Board of Supervisors adopted a temporary moratorium on establishing new medical marijuana dispensaries in order to give its planning staff time to complete the documents.

Community Development Director Rick Coel will take two ordinances to the board on Tuesday.

The first, a 19-page document covering dispensaries, will require – among other things – a major use permit for such establishments, with regulations including a 1,000-foot setback from schools, parks, libraries, recovery facilities, and any day care or youth-oriented establishment. The permits will be valid for two years, and must be renewed every two years afterward.

Dispensaries also can't be located within 200 feet of residential zoning districts, and no onsite cultivation will be allowed.

Applications for dispensaries also must include the number of members, detailed floor plans, onsite security, lists of fertilizers and chemicals used, proof of eligibility including articles of incorporation or nonprofit status. Annual compliance monitoring will the responsibility of the Lake County Sheriff's Office and Community Development, at the permit holder's expense, according to the ordinance's language.

The draft ordinance for medical marijuana cultivation, would require a zoning permit for individuals and a major use permit for collectives and cooperatives, the latter language crossing over with the directives of the other draft ordinance. Large cultivation sites would need to be at least 10 acres in size, have agricultural buffers, setbacks from creeks and onsite security.

For individuals growing their own medical marijuana, the draft ordinance limits indoor and outdoor growing space to 60 square feet for one person or 100 square feet for two people. Outdoor grows must be screened from public view, and no medical marijuana can be cultivated or placed within 20 feet of a property line. Those applying for the zoning permit application must reside at the site.

Permits for individuals grows will be granted for a two-year term, and must be renewed every two years, the ordinance stated.

The ordinances already have critics that say they are too limiting and that the restrictions may challenge state law.

In other business, at 9:45 a.m. the board will consider recommendations from the Lake County Animal Care and Control Advisory Board, regarding an investigation involving county animal control officer Terrie Flynn.

Dr. Susan Cannon, the advisory board's chair, sent the board a letter regarding the case, as Lake County News has reported. To see Cannon's full letter, click here: Animal Care and Control Advisory Board issues final letter on neglect case .

In February, Flynn was issued notices of violation for six horses, and later signed over an injured stallion to Animal Care and Control and later also surrendered another horse to horse rescue.

The board also will hold a closed session to discuss labor negotiations.

Other items on the agenda include the following.

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.

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) Presentation of proclamation designating the week of May 2-8 as Wildfire Awareness Week in Lake County; (b) Presentation of proclamation designating the month of May as Watershed Awareness Month in Lake County.

9:15 a.m.: Presentation by California State Association of Counties (CSAC) regarding the state budget, CSAC programs and services, CSAC’s new communication tools and other items of interest to counties.

Non-timed items

– Supervisors’ weekly calendar, travel and reports.

– Discussion/consideration of proposed resolution approving an application for funding under the United States Department of Agriculture’s Rural Development Community Facilities Program for the Middletown Library and Senior Center.

– Update from the Code Enforcement Division concerning current case load, examples of voluntary compliance and other statistical information.

– Discussion/consideration of proposed Resolution approving a cooperative agreement with the U.S. Department of Agriculture to provide an Animal Damage Control Program for the County of Lake Discussion/consideration of request to transfer Child Support Services main telephone line to an out-of-county call center.

– Discussion/consideration of proposed memorandum of understanding by and between the county of Lake and the Lake County Hunger Task Force for use of the property behind Nylander Park restroom for temporary gardening privileges (annual rental of $1.00).

– Discussion/consideration of proposed amendment seven to the agreement between the county of Lake and Pavement Engineering Inc. for engineering services for Big Valley Rancheria Transportation Project (an increase of $6,264.59, total amount of agreement $373,224.74).

– Discussion/consideration of request to sign proposed HUD-50077-CR: Civil Rights Certification Form.

Consent agenda

– Approve Minutes of the Board of Supervisors meetings held on April 13 and 20.

– Adopt proclamation designating the week of May 2-8 as Wildfire Awareness Week in Lake County.

– Adopt proclamation designating the month of May as Watershed Awareness Month in Lake County.

– Adopt Resolution No. _____ approving Agreement No. 10-0024 with the state of California, Department of Food and Agriculture and authorizing execution and signature of advertising and labeling of petroleum and automotive products as well as inspection of public weighmasters.

– Adopt Resolution No. _____ approving Agreement #09-0796 with the State of California, Department of Food and Agriculture and authorizing execution and signature for pest detection/ European Grapevine Moth activities from March 1 through June 30.

– Approve engineering and inspection agreement between the county of Lake and the Middletown Unified School District for review of plans and specifications and inspection of work for an Encroachment Permit located at 20931 and 20771 Big Canyon Road, Middletown, CA (APNs

014-490-13 and 014-490-15), and authorize the chair to sign.

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