LAKE COUNTY – The Grand Jury dates back centuries, but that’s all I’ll cover regarding the history. Instead I’ll focus on how to become a member of the Civil Grand Jury, its functions, responsibilities, limitations and procedure/methodology.

 

The Civil Grand Jury year runs from July to July. Each Grand Jury is empanelled for a period of one year. A juror can opt to return for a second year as well if he or she wishes. A Grand Jury member can serve a maximum of two consecutive years. However, any individual may return for additional years after they take a minimum of one year off.

 

Example: If you serve on the Grand Jury for 2007/2008 and 2008/2009 you may not serve in 2009/2010. However, you can return in 2010/2011 and serve through 2012.

 

One exception to this is if the jury panel consists of less than 19 members, the presiding judge can then appoint anyone he or she wishes to fill the vacant position. This situation arose in July of 2008 and the previous foreperson who had served two consecutive years was appointed for a third year. Because of the lack of applications, some alternates were also appointed who had served two consecutive years as well.

 

Complicating this exception further is that since the foreperson and the alternates were not “carry-overs” they are all eligible to return for another year. I hope that sufficiently explains that rule, two years on-one year off.

 

To become a member of the Civil Grand Jury you need to meet the following mandated requirements:

1. Be a citizen of the United States, 18 years of age or older, who has resided in the State and County for a minimum of one year immediately before being selected;

2. Be in possession of natural faculties, of ordinary intelligence, sound judgment, and fair character;

3. Possess sufficient knowledge of the English language.

 

You may not become a member of the Grand Jury if any of the following apply:

1. You are serving as a trial juror in any court in the state;

2. You have been discharged by any grand jury in the state within one year;

3. You have been convicted of malfeasance in office or any felony or other high crime;

4. You are serving as an elected public officer.

 

In addition to the mandated requirements it is critical that a potential applicant also be able to meet these additional qualifications so that they may adequately perform the duties of a Grand Juror:

 

1. Have the available time to commit to the Grand Jury. In recent years the Lake County Grand Jury has achieved an incredible amount in a one-year time period. It is therefore highly beneficial that any applicant be available for a minimum of 15 hours a week, preferably 20 hours.

 

2. BE HONEST! If you have a grudge against a particular department or individual in county operations, be honest about it! Joining the Grand Jury with ulterior motives creates nothing but problems and it will come to light at some point. When it does chances are you will be dismissed from duty by the presiding judge. When a juror is dismissed an alternate is selected and brought in requiring additional training time. Therefore, if you know you have a personal issue with a County Department I highly recommend that you don’t apply. The ability to be open-minded and fair is paramount to the success of the Grand Jury.

 

3. Be open-minded and willing to work with others. Simply put, you must be willing to listen to the viewpoints of others and discuss things rationally. The jury consists of 19 people, that’s 19 different points-of-view and 19 opinions. Individually, no one opinion is more important than another. In the end, it will be the consensus of all opinions that will create the final report.

 

An applicant should also have an interest in the community. With any position or anything in life you get back what you put in. The Grand Jury is an incredible way to learn about the functions of all agencies and governmental positions as well as a way to give something to the community.

 

When I was initially asked why I wanted to be on the Civil Grand Jury, my answer was simple. “Far too often I hear people complaining about the ‘system,’ making grandiose claims that everyone is ‘crooked‘ or corrupt. To me, unless you are willing to take steps to improve your community you have no right to complain about it.”

 

Since then, however, I have learned that some people don’t know how to go about getting involved or they just don’t have the time. So, as a member of the jury and a foreperson I have gone to great lengths to hear the concerns of citizens and to take the time to do whatever I could to assist. My personal feeling is there are many other people in the County who would relish and thrive on the opportunity to help and the Grand Jury is certainly a great way to do just that.

 

In addition to community interest, it would be beneficial for a potential juror to possess any of the following skills or traits: investigative techniques, report writing skills, a general knowledge of the functions of one or more county agencies, or an understanding of the responsibilities of county and city governments and other civil entities. None of these skills are mandatory, but they ultimately play a role in the operations of the Civil Grand Jury.

 

How do you become a member of the Grand Jury? Applications may be obtained by mailing a self-addressed stamped envelope to the Grand Jury Coordinator at 255 N. Forbes, Fourth Floor, Lakeport, CA. 95453. Applications are also available at each Superior Court Clerk’s Office located at 255 N. Forbes or at the South County Court located at 7000-A South Center Drive.

 

For additional information contact the Grand Jury Coordinator at 263-2282. Applications must be turned in by May 30. Once you have applied, your application will be screened and an interview will be scheduled.

 

If selected, you’ll appear in court on the designated day in July at which time names will be randomly selected. Of the 30-member jury pool, 19 will be empanelled and 11 people will become alternates.

 

If you are chosen as an alternate, do not be disheartened. Since the Grand Jury is comprised of volunteers, things happen ranging from health issues to external obligations. A year going by without alternates being empanelled at some point would be as rare as a full lunar eclipse.

 

Once you have been selected and sworn-in you will be given training the day of and the day following your selection and then the full jury will hold its first meeting, typically held on Friday morning. Since the annual obligations are numerous, it is important that new juries “hit the ground running” as much as possible. At the first meeting the following positions are established, foreperson pro tempore (pro temp), secretary, sergeant-at-arms and committee chairs. In addition, each juror will be assigned to a minimum of one committee.

 

The internal structure of the Civil Grand Jury

 

The foreperson pro tempore is basically the second in command. If the foreperson cannot attend a meeting, the pro temp acts in the foreperson’s place. The secretary is responsible for taking the minutes of each weekly meeting and other tasks assigned based on the foreperson’s preference. The sergeant-at-arms is responsible for the issuance of keys to the jury room, attendance records for weekly meetings, assuring the meetings do not get out of hand and collecting the keys at the end of the jury year.

 

The Lake County Grand Jury consists of six committees, excluding ad-hoc committees and the edit and review committee. The committees are: Budget and Finance, Government Services, Health and Social Services, Planning and Public Works, Public Services and Public Safety. Each committee has distinct areas of responsibility and each consist of a various number of jurors.

 

The Budget and Finance Committee is pretty self-explanatory. This committee has oversight responsibility over all agencies in the county that deal with county finance including, but not limited to, County Administrator’s Office, Treasurer-Tax Collector, Auditor/Controller, and Assessor. In addition to these responsibilities, this committee can be given primary responsibility over the budgets/finances of other agencies overseen by another committee.

 

For example, the Government Services Committee may look into the day-to-day operations of a city government while the Budget and Finance Committee reviews the city’s budget. To be a member of this committee mathematical ability is a must and experience in finance is of great benefit. This is the one committee that requires some expertise. It is nearly impossible to learn as you go if you need to review hundreds of pages of financial documents.

 

The Government Services Committee has oversight responsibility over a number of agencies including city councils, board of supervisors, registrar of voters, information technology department, district attorney’s office and human resources. As titled, the committee’s primary concerns are agencies that are directly involved with governmental policy and procedure. Traits that are beneficial for members of this committee include a working knowledge of government or a desire to learn the aspects of the local governmental process.

 

The Health and Social Services Committee is a unique committee. While oversights for other committees may be a process of just a few visits/follow-ups some of this committee’s oversights can last the entire jury year. Its areas of responsibility include, Department of Social Services, Health Care Districts and Jail Medical. As you can imagine the world of Social Services is a complex one and a diverse one. It encompasses ICWA (Indian Child Welfare Act), Adult Protective Services (APS), Child Protective Services (CPS) and more. Just gaining an understanding of these departments takes months and therefore the oversight process is lengthy and time consuming. To be a member of this committee it is important that you possess an interest in the public health. In addition, an open mind is absolutely imperative. Complaints involving the agencies within this committee’s realm of responsibility can be emotional so you must possess the willingness and patience to hear both sides.

 

The Planning and Public Works Committee is responsible for overseeing and investigating complaints in departments including, Planning, Code Enforcement, Special Districts, Air Quality, Lakebed Management, Central Garage and Weights and Measures. Within these agencies are numerous smaller departments. Anyone who has knowledge of or and interest in, development, planning, water and sewer, or any are of public works would be ideal for this committee.

 

The Public Services Committee is one that is extremely diverse. It covers a vast array of areas including transportation, museums, libraries, animal control, resource conservation and cemetery districts. This committee has perhaps the broadest scope and offers the widest range of complaint investigation/oversight possibilities of any committee. Basically, there is something for everyone in this committee so it would be interesting to all new jurors.

 

The Public Safety Committee is another that is pretty self-explanatory. This committee’s responsibilities include any agency that provides a service of protection to the county’s citizens such as police departments and fire departments. An interesting aspect of this committee is that it has mandatory responsibilities rather than elective. It is mandatory for all holding facilities to be inspected by the Civil Grand Jury annually. In Lake County that includes two court holding facilities, Hill Road Correctional Facility, Juvenile Hall and Konocti Conservation Camp. Anyone who has an interest in the operations of law enforcement or rescue agencies is a perfect fit for this committee.

 

As you can see from the committee information the Civil Grand Jury’s responsibilities are enormous and to encompass the agencies listed above and more is a time consuming process. It takes someone who truly cares about the community and has a desire to learn more about the processes involved to be a successful Grand Juror.

 

Being a Grand Juror is a volunteer position. Grand Jurors are paid a per-diem amount and a mileage reimbursement every month. Currently, Lake County Grand Jurors receive $15 Per-Diem (Per Day) and $.39 a mile. One area of confusion that tends to arise is the difference between “per-diem” and per meeting. If you have three meetings in one day, you receive $15 for that day. If you have one meeting in a day you receive $15 for that day. Obviously, it is not the place to go if you are trying to supplement your income.

 

A brief overview of Civil Grand Jury process

 

It is the responsibility of the committee chairs to establish what oversights his or her committee will perform during the course of the year. Typically, the respective committee chairs will meet with committee members and gather information on what everyone would like to accomplish, then an initial oversight list is established. Once an initial oversight list is completed, the chair will prioritize them and a copy of the list is provided to the foreperson. This list is not written in stone, circumstances will always arise during the course of the year that will prompt a committee to look deeper into certain events. The chair or committee members contact the relevant departments and arrange the oversights.

 

When a complaint is received, the secretary and/or the foreperson initially reviews it. It is then presented to the entire jury for discussion and a vote to either accept or reject. Once a complaint is accepted it is assigned to the appropriate committee(s) for investigation. Complaints are accepted based on numerous characteristics. Validity and specific details are two very important complaint characteristics. All oversights and complaints are approved by the entire jury by quorum or a minimum of 12 votes in favor. Complaint investigations and oversights are done in a variety of ways.

 

Once the committee has completed their oversight or complaint investigation they write a final report and review it in committee. When they are satisfied that it contains all of the relevant and accurate information they submit it to the secretary. The secretary then arranges for the report to be reviewed by the edit and review committee with the committee chair present to answer any questions that may arise regarding informational content. When it has been through edit and review, it is presented to the entire jury for approval.

 

Once the report has been approved by the entire jury it is submitted to the county counsel for review. County Counsel returns it to the jury with any suggested changes or input and the jury reviews it once more. If the change is significant, the report is redone and returned to County Counsel’s Office a second time. If not, it is submitted to the Presiding Judge for review and approval. Once the judge has approved the report, it is finalized and ready for the year-end report. The Grand Jury’s Final Report is released annually, in July. Having flashbacks of learning how a bill becomes a law yet?

 

The last thing I want to mention about the Lake County Civil Grand Jury is that it is a wonderful way to meet new friends and establish strong bonds. I have forged great bonds with some wonderful people during my tenure on the Grand Jury. If you have the time and the drive to work with others to help the County, I suggest you apply today!

 

If you have additional questions about how to become a grand juror, feel free to call the jury room at 279-8619.

 

Bron Locke is finishing up his third year on the Lake County Grand Jury.

LAKEPORT – On Tuesday, April 21, the Lakeport City Council approved the signing of the 2009 Pyro Spectacular Fireworks Display contract by Mayor Ron Bertsch.

In their discussion Tuesday evening, Melissa Fulton, chair of the 2009 Community Fireworks Committee, told the council that as the committee has raised more than $6,000 with minimal outreach, the goal of $18,400 should be attainable.

Fulton said the committee discussed retaining any funds that might be raised above this years' goal, for the 2010 Fireworks Display.

 

Also on Tuesday evening, the council discussed using $5,000 in redevelopment funds toward this years' cost. That will be discussed further at the May 5 City Council meeting.

The Lakeport Regional Chamber will be holding its annual “Add a Dollar” campaign, with donation containers being placed in a variety of locations throughout the north Lake County area, starting in the Clear Lake Riviera shopping center and covering businesses in Lakeport, Upper Lake, Nice and Lucerne.

Any businesses interested in helping with the fund drive can contact the Lakeport Regional Chamber of Commerce at 707-263-5092. Anyone with questions concerning the fireworks fund can also call that number.

 

The Community Fireworks Committee extends their appreciation to the media and those who have made donations to date. Members are interim City Manager and Police Chief Kevin Burke, Bertsch, Leslie Firth, Ross Kauper, Sinda Knight, Barbara Breunig and Melissa Fulton.

Watch for the Fundraising Thermometer and the names of the donors, in the Lake County Record-Bee and www.lakeconews.com.

The following is the full list of 2009 fireworks donations, as of April 20, and the donation levels.

Betsy Ross ($50): Kevin Burke.

Ben Franklin ($75): No donors at this time.

Thomas Jefferson ($100): Jan and Barry Parkinson, Lakeconews.com, Rotten Robbies, Roy and Diane Parmentier, Jim and Sharon Hubman, Lakeport Yacht Club, and Ron and Barbara Bertsch.

Abraham Lincoln ($250): No donors at this time.

George Washington ($500): Lakeport Rotary Club.

Uncle Sam ($1,000): Gossett Alarm Inc.

Premier sponsors: Lakeport Main Street Association, $2,000; Furia Construction and Lakeport Speedway, $2,000.

LAKEPORT – The debate over safe and sane fireworks entered a new phase on Tuesday, when Lakeport City Council members directed staff to craft a new city ordinance banning sales of the fireworks altogether.

That direction followed a March 24 vote by the council to turn down applications of four local nonprofit groups – the Lake County Channel Cats, Miss Lake County Scholarship Program, the Clear Lake High School Boosters and the Terrace School Parent Teacher Organization – that have been allowed to sell safe and sane fireworks during the July 4 holiday.

Councilman Jim Irwin, who was absent from the March 24 meeting, had asked for a reconsideration of the applications, but noted at Tuesday's meeting that there was concern about the ordinance itself in relation to those applications. So Irwin said he wanted to go back and look at the ordinance, which he did.

The council approved that original ordinance on Oct. 4, 1993. Councilman Roy Parmentier served on that council, and had voted for the ordinance along with all of the other members of the council at that time.

That ordinance allowed only four nonprofit groups based in the city to sell the fireworks annually, with the Channel Cats, Clear Lake High School booster Club and the Terrace School PTO being existing groups that were grandfathered in. Miss Lake County was added later.

The original ordinance allowed the nonprofits to sell between noon on June 28 and 9 p.m. July 4 of every calendar year.

A 2002 ordinance – which Councilman Bob Rumfelt voted for along with fellow council members – added city parklands to areas of “high hazard and/or fire areas” where fireworks can't be used, which also include Natural High, all school grounds and vacant lots, and the Del Lago development.

Last year, responding to the extreme fire season and concerns from Lakeport Fire Protection District Chief Ken Wells, the four nonprofits agreed to suspend sales.

This year, when their applications went to the city, Wells suggested denying them during his review, again citing fire danger.

At Tuesday's meeting, Dennis Revell, speaking on behalf of firework company and nonprofits, presented the council with a pack of information that included statistics he received from Wells through a public records request.

There were six incidents between 2003 and 2007 attributed to fireworks, with only one of them – a July 4, 2004, fire on a 4 foot by 6 foot spot fire that burned for nine minutes – specifically related to illegal fireworks. There also were two garbage can fires and three landscaping or grass fires. No injuries were reported. All of the fires required a total fire district response time of 55 minutes.

Safety concerns emphasized

On Tuesday the council wasn't scheduled to take any action, but merely have a discussion and decide on a direction for staff, said City Attorney Steve Brookes.

“You have a whole host of choices you can do,” said Brookes. “Nothing is off the table.”

Council member Suzanne Lyons asked if the four groups who had applied but were turned down could reapply if the ordinance remains. Brookes said yes, because they were originally denied without prejudice.

Rumfelt said in the past month he's become more firm in his anti-firework stance, adding that he's been contacted by many people who support banning them. He read a letter from a constituent – who he did not name – who said they don't like the smoke that comes from the fireworks, the loud noise and the impact on their dogs.

“Those are the kinds of comments I've gotten from a lot of people,” he said. “Everybody seems to think that the chief has a good idea, that there's too much of a fire hazard.”

Rumfelt suggested that along with a ban, the fines assessed for fireworks usage should be raised significantly – in the neighborhood of $1,000 per violation – and that money could be used for the local nonprofits.

Lyons said she was bothered to see the nonprofits agree to stop sales last year over public safety concerns, only to have the city turn around and ban them this year.

She said she's been contacted by people on both sides of the issue. “I don't know if we can make everybody happy every minute of their lives by policy.”

Lyons said the discussion has connected last year's fires and smoke to the fireworks, “but nobody has shown me anything that shows me that that's the truth.”

Rumfelt compared the situation with the banning of burning in the city limits several years ago. Lyons replied that using fireworks isn't the same as burning leaves.

Mayor Ron Bertsch asked Wells, who was sitting in the audience, if he wanted to make any comments.

Wells said there has been a lot of back and forth between his office and the fireworks promoters, which he didn't feel the need to rehash.

The issue is a straightforward one for Wells. “Basically, I'm doing my job,” he said, which includes alerting the city to potential fire dangers.

He noted that the discussion was on the ordinance specifically, and since his district is now separate from city government, he wanted his name removed from the ordinance and such decisions left up to the city.

Parmentier said he believes there's a time to put the toys away. “We've been really lucky. We haven't had any major fires, we haven't had any major injuries,” he said.

But if they continue to roll the dice something bad might occur, said Parmentier. “I think it's time to change the ordinance before somebody gets hurt.”

Public offers wide range of perspectives

Melissa Fulton, a Lakeport resident and chief executive officer of the Lakeport Regional Chamber of Commerce, reminded the council of the dangers inherent in many activities. “We cannot always be afraid of 'what if'.”

Fulton said it's speculation that enough tickets for illegal usage could be written to support nonprofits, and the people whose letter Rumfelt read should be willing to be named.

She said the public needs to be notified that the council plans to ban fireworks. “I think your residents need fair notice so they can come before you and see how it plays out.”

Interim City Manager Kevin Burke said if the council makes a decision to change the ordinance, there would be a public process, including hearings, before final changes were adopted.

The council heard from a small number of community members both for and against fireworks sales within the city.

The arguments ranged from wanting to protect a patriotic celebration – as well as a longstanding local tradition – to concerns about public safety, and the fact that Lakeport is the last area in the county where they can be legally purchased and used.

Jennifer Hanson of the Lake County Channel Cats said many people support fireworks, and she thought the community should be asked for its opinions.

Pete MacRae called the name “safe and sane fireworks” an oxymoron. He said there are more than 93,000 groups that give grants to nonprofits, according to information presented at a recent grantwriting workshop he attended, and suggested there are other and better avenues for funding local causes than fireworks sales.

Chris Vallerga, a member of the Lake County Arson Task Force, said he supported Wells' stance on fireworks. He's been in the county more than 20 years, and has seen people come into Lakeport to purchase fireworks only to take them to the county's unincorporated areas, where they're banned.

Vallerga sugested the safest option is to ban fireworks totally. He said he's seen them lit and thrown out alongside Highway 20, and he can collect reams of safe and sane fireworks materials in the hills along the Northshore after July 1. The fireworks, he said, are coming out of Lakeport, and are unchecked.

Revell told the council that many activities have inherent risk. He told Rumfelt that fine revenue from tickets has to go to a specific public safety budget and can't be otherwise distributed.

He suggested a number of possibilities were available, from the groups who followed the ordinance but were denied seeking a writ of mandate compelling the city to allow them to move forward, to forming a task force, allowing the groups to write a new ordinance or putting a measure on the November ballot. Revell said the groups can sell fireworks on tribal lands, an option that's being explored.

Nancy Ruzicka asked the council to continue allowing fireworks, which she said has been a community tradition and draws tourism. She said she wanted her 3 and a half year old granddaughter to be able to enjoy fireworks.

Ruzicka added that the nonprofits needed the revenue, and said local businesses can't make that up this year. She said she would rather local groups get the proceeds than companies out of the area, since people can still buy fireworks online.

Council divided over tradition versus safety

Following public comment, Rumfelt and Parmentier both reiterated their desire to ban fireworks.

Irwin said he had enjoyed fireworks growing up, which were part of “the fun and the celebration that made the Fourth of July special and different from other holidays,” where neighbors shared time setting fireworks off.

He said there are many things that are dangerous in the community, from dodging boats on the lake on July 4 to the swings at the park.

“Tons of stuff is unsafe but – butt out,” he told his fellow council members.

“It's celebration, it's tradition,” he said, adding that he understands Wells' concerns.

Likewise, Lyons didn't want to see fireworks go away. She said there's something about July 4 that takes you back to the original meaning of the holiday – people standing up for what they believed in.

“I think it's really sad that we've gotten this afraid,” she said, a comment which brought a round of applause.

Bertsch said he agreed with Irwin's comment about where to stop when looking at preventing dangers, but added, “I just have to support what our chief recommends.”

Burke said county staff could look to the county and what it did to ban fireworks for guidance in writing a new ordinance for the city.

Rumfelt moved to have staff come back with a new ordinance banning fireworks, with Parmentier seconding.

Irwin asked what would happen if the council were asked to ban alcohol sales as a safety measure to reduce drunk driving. “Where do you stop?'

At the end of the hour-long discussion, the council approved the direction for staff 3-2, with Irwin and Lyons voting no.

Bertsch asked when the ordinance would come back to the council. Burke said it would be on the agenda for the next meeting on May 5. A public hearing would likely be scheduled for the June 2 meeting, according to City Clerk Janel Chapman.

 

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

CLEARLAKE – The Clearlake City Council received a quarterly update on how business is looking for the Clear Lake Chamber of Commerce and turned down a couple's request to purchase their property at its Thursday meeting.

Clear Lake Chamber Board President Joey Luiz helped get the meeting off the ground with the chamber's report. The council, which annually gives funds the chamber, has asked for the regular updates.

Luiz said 2008 was a rebuilding year for the chamber, which was under new leadership. But he said the foundation laid last year is helping the chamber move forward in a positive direction.

Budgetwise, the chamber appears stable. Luiz reported that the organization's total income for 2008 was $71,808.22, with total expenses at $71,218.90 for a net income amount of $602.73.

The chamber also conducted a membership survey to find what its members wanted. Luiz said. The answers included a Web site that featured their businesses, more marketing opportunities and increased visibility.

The chamber responded, creating a new, interactive Web site with a ratings system, said Luiz. It also launched a “Christmas in Clearlake” marketing campaign, established an e-mail blast to members to save resources and created new media arrangements to get members advertising discounts.

Luiz said chamber members attended the Bay Area Travel Show. Besides having access to a large group of people interested in travel, it helped them make a connection with Travel TV and a national travel show that plans to profile the county.

He said the chamber also is now meeting on a monthly basis, holding regular mixers and promoting featured chamber members in local media.

The chamber's offices have moved temporarily from Golf Avenue to the senior center on Bowers Avenue because of a leaking roof. He said the move has been a positive one, and made local seniors aware of business activities in the community, which has given the chamber a word-of-mouth boost. “It's worked out well.”

They've also put together a committee to work on special events, including the annual worm races and fireworks, bluegrass festival and Christmas light parade

Luiz said in 2010 the chamber plans to launch a “Graffiti Night” event – “Don't get nervous,” Luiz quipped to Police Chief Allan McClain – to bring in classic car enthusiasts to enjoy a cruise, music and other activities.

He said the chamber supports the Clearlake Vision Task Force proposal, the Lakeshore Drive plan and the “Cleanup Clearlake” event that takes place May 9.

Luiz showed statistics from January through December of 2008 that showed the volume of calls to the chamber and the number of information packets it's sending out grew substantially.

“We've very excited,” said Luiz, adding they feel that the foundation laid last year is helping them do good work for the community.

“I'm really pleased with the direction the chamber is going,” said Vice Mayor Judy Thein.

Thein asked how many members the chamber has currently. Luiz said 243, up from a “solid” 150 last year.

In other council business, the council turned down a request by Kevin and Elizabeth Zeier to purchase their home, located at 14935 Ball Park Ave. on a 100 foot by 95 foot lot across from Redbud Park's baseball diamond, for $1,332,000. City staff had presented a $43,000 valuation from the assessor.

The Zeiers proposed the city buy the house and property to add more parking to Redbud Park. They said there is traffic bottle-necking in front of their home due to parking issues, and they complained of a number of activities they found stressful, including people smoking in front of their home.

Mayor Chuck Leonard said they were causing some of the traffic issues by putting their garbage cans in the street with “no parking” signs on them, and he suggested the Zeiers' fence was in the public right-of-way, which the Zeiers denied.

When the Zeiers attempted to go off onto several other topics that upset them, Leonard gaveled them and redirected the discussion to the proposed purchase.

Elizabeth Zeier said she felt the $1.3 million price tag was fair. “We ought to sue for that just for the aggravation,” she said, walking away from the podium.

The council didn't agree, and voted 4-0 – with Councilman Roy Simons being absent – to turn it down.

The council also voted to move forward on a work plan to address a compliance order leveled against it by the California Integrated Waste Management Board for failing to recycling 50 percent of its trash stream; approved a $700,000 loan at 5 percent to affordable income developer Global Premier, which will also gain them 106 affordability covenants at a cost of $6,500 per agreement; approved a temporary street closure for Lakeshore Drive, from Golf Street to Olympic Drive, and Lakeshore Drive from Austin Road to Olympic Drive for this year's July 4 festivities; and approved surplusing six police vehicles that had been used for parts.

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

LAKE COUNTY – A new aspect of the complex issue of medical marijuana arose for local officials and cannabis clubs on Tuesday in the form of county zoning rules.

Six local medical marijuana clubs received the notices of violation on Tuesday, according to the Code Enforcement Division. The same day, the Board of Supervisors began to consider how such clubs should be addressed in county ordinances.

Those receiving the notices – which alerted them that marijuana dispensaries are not an allowed use in the county's zoning ordinance – included Alternative Solutions in Clearlake Oaks, Patients Resource in Kelseyville, the Northern California Collective and Vapor Lounge in Lower Lake, and MJ's Place and The Patient's Choice, both located on Main Street in Upper Lake.

Troy McKenney, who has been operating The Patient's Choice club since October of 2007, said on Wednesday he had received no previous communications from Community Development before an official arrived the previous day to hang the notice of violation on his door.

He said he adheres to medical marijuana law in California, ushered in with the Compassionate Use Act of 1996, which was approved by California voters.

McKenney said his club members were extremely upset. “They can't believe that this is happening.”

But on Wednesday Community Development Director Rick Coel said those notices of violation were on hold, and certified letters were sent out notifying the cannabis clubs that the violation process was frozen.

On Tuesday, the Board of Supervisors discussed zoning ordinance amendments, including some that would affect cannabis clubs and cooperatives, and decided to schedule a hearing at 1:30 p.m. on May 12 devoted to the medical marijuana zoning issues. At that time, Coel also agreed to put a hold on the violation notices.

Coel said the timing for the notices – coming at the same time as the board's Tuesday discussion – was a coincidence. “We had wanted to get those out weeks ago and there were some delays.”

The reason for the notices, said Coel, is that the dispensaries and clubs aren't a listed use in the zoning ordinance, which states that if uses aren't specifically stated they're presumed to not be allowed.

An extremely complex issue

Coel said dealing with the cannabis clubs is an extremely complex issue. So on Tuesday he went to the Board of Supervisors to seek direction on that and several other possible county zoning ordinance updates proposed in the coming months, from RV storage to farm animals in residential districts for 4-H projects, shade structures and cargo containers.

He discussed all of the other proposed amendments on Tuesday before moving to the cannabis club item – “We saved the most complex for last,” Coel said – which drew about a dozen concerned medical marijuana patients and cannabis club owners and managers.

Growing medical marijuana and having dispensaries are gaining popularity locally, which gives rise to the need to clarity how to handle them in the zoning ordinance. Those clarifications, Coel suggested, could emphasize that dispensaries aren't allowed.

He asked to have a dialogue with the board about whether it's appropriate to ban outdoor growing in the community growth boundaries due to issues like odor. There also would need to be guidelines for indoor grows.

Coel suggested setting criteria for public safety that includes requiring cooperatives have organizational charters. There could be other limits such as are used in other jurisdictions around the state, including limits on the amount of square footage allowed for grows.

Business owners and neighbors of many of these operations have complained about everything from traffic and property values to public perception and safety, he said.

Coel pointed out that the dispensaries and clubs are unregulated, with no county process to deal with them. In addition, he cited environmental concerns – grows located near creeks, with water sources being dammed up.

Some jurisdictions, he added, don't allow dispensaries.

“There seems to be a real lack of guidelines and regulations at this time that makes enforcement particularly difficult,” said Coel.

Supervisor Anthony Farrington pointed out that, while the county's zoning ordinance didn't allow for medical marijuana dispensaries and cannabis clubs, those were allowed uses under state law.

“I believe that it's a legal right,” said Farrington, asking what the county was going to do to allow the groups to be legal.

Coel said some jurisdictions have created a permitting process for cooperatives. Farrington followed up by asking where clubs and cooperatives would then be allowed as far as zoning.

When Coel suggested agricultural and rural lands zoning areas, Farrington replied that in other jurisdictions such groups are in urban areas, which he felt made more sense. He added that the county should have laid out regulations as far as permissible zoning for the groups' retail aspect.

Retail should be in an urban area's commercial district, Coel said. If they compared clubs and dispensaries to a pharmacy or clinic, that would necessitate C-2 zoning and put them squarely in the downtowns. C-3 zoning would locate the dispensaries on the edge of towns.

“The reason you have zoning is to determine what the compatible uses are,” said Board Chair Denise Rushing, pointing out that growing and distribution are two different issues.

During public comment, the board heard from medical marijuana patients and dispensary managers angry about what they perceived was a violation of their rights.

Dave Moses, managing partner of Alternative Solutions in Clearlake Oaks, was one of the those who received the violation notice. He said state law supersedes county law, and added that he was looking into filing a discrimination suit against the county.

Mike Lawrence, owner of the Northern California Collective and Vapor Lounge in Lower Lake, said he also received a notice violation.

Lawrence noted the complexities of understanding medical marijuana laws and guidelines. There are many gray areas, he said, and even some medical marijuana experts haven't been able to sort it all out.

He pointed to the guidelines produced last summer by California Attorney General Jerry Brown, which look at both Proposition 215 and SB 420. California NORML explains that SB 420 established a voluntary state identification card program for medical marijuana uses, and also established guidelines for possession and cultivation – limiting patients to six mature or 12 immature plants and 8 ounces of marijuana unless a doctor determines more is necessary.

Lawrence suggested the attorney general is the leader in dealing with the gray areas of the law. He also presented the board with a proposed system for dealing with medical marijuana concerns.

Clearlake Oaks resident Ronda Mottlow said clubs and dispensaries are a safe way for people to get the medicine they need. Without them, people would need to go out to the streets and the black market. “You're not being fair to those people who really need it,” she said.

Patients shared that medical marijuana has helped them deal with a variety of ailments. Douglas Van Dyke, an 11-year cluster headache sufferer, said he relies on medical marijuana, and demanded to know the reasons for the violation notices, which Coel said arose because they are not an allowed use.

County Counsel Anita Grant referred to the attorney general's guidelines, and pointed out that dispensaries are not recognized under state law – only coops and collectives are.

The board agreed that they wanted to hold off on a decision and look more closely at the larger picture. Farrington said it's not his intention – and he doesn't believe it's county staff's, either – to run the groups out of the county.

More information and input needed

Coel said he believes the discussion ahead is a wide open one.

He said he expects Sheriff Rod Mitchell to speak at the May 12 hearing to offer the law enforcement perspective.

Coel said he's researching what other jurisdictions do – including Sonoma and Mendocino counties, and the cities of Willits and Ukiah – for ideas on crafting local guidelines. The jurisdictions around the state have a patchwork of regulations, he noted.

Just within Lake County, Lakeport has banned outdoor medical marijuana growing and Clearlake is having a debate about dispensaries, several of which have operated for years in the city, where officials are debating banning them altogether or instituting guidelines, as Lake County News has reported.

“None of us wants to make it more difficult for the folks who need it,” Coel said. “That's not the goal here at all.”

But there are real problems that need to be addressed. Coel said his department is seeing problems with houses being converted for growing purposes, with overtaxed electrical systems that lead to dangerous situations. There are also the community complaints.

“There's got to be a way to do this where everybody's happy,” he said, adding that he doesn't expect a resolution anytime soon.

Grant is doing her legal research in preparation for May 12, in order to be able to look at the complications of zoning.

She said Proposition 215 doesn't allow for medical marijuana sales. The law is confusing, she said, and fails to adequately deal with compassionate use needs, which creates other problems.

No law is an absolute guarantee, said Grant, with restrictions allowed for time, place and manner, which is where zoning would come in. Agricultural activities aren't allows everywhere, and medical marijuana growing and distribution can be similarly controlled, she said.

In looking at the law, consideration also has to be given to other people, such as those people concerned about growing, said Grant. The law doesn't infringe on their right to enjoy their property.

“The issue is trying to find a way to accommodate these things,” she said.

She's also looking at the possibilities of permitting cooperatives, which could result in a revenue stream for the county.

“It's important to listen to everybody,” Grant said.

Lawrence said Wednesday the system he's proposing the board look at offers collective control that monitors growers and keeps a local patient database.

He said he's thought through every scenario in building the system, which puts a distinctive line between good and bad growers.

Lawrence is planning to be at the May 12 meeting to follow up with the board on how they could implement the system here. He said he has both growers and collectives willing to come on board and pay taxes and fees that would give the county a revenue source.

McKenney said his club members are planning to rally on May 12 and travel to the hearing. He said he has a lot of community support for the club. “It would be a shame to take it away.”

He said people are concerned about what's going on with the cannabis debate. “We're just gonna ride it out and see what happens.”

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

CLEARLAKE – The Clearlake City Council will discuss what it needs to do to meet state trash regulations, consider a loan to an affordable housing developer and look at a proposed property purchase when it meets on Thursday.

The meeting will begin at 6 p.m. in the council chambers at Clearlake City Hall, 14050 Olympic Drive. TV Channel 8 will broadcast the meeting live.

Among the major items for the evening meeting is consideration of a work plan the city is required to adopt by the California Integrated Waste Management Board's compliance order, lodged against the city for failing to recycling 50 percent of its trash stream, as Lake County News has reported.

A report from City Administrator Dale Neiman explains that the city must finish tasks including completing a work plan for how to meet the state's requirements. Failing to do so could result in fines of up to $10,000 a day.

Two of the state's most significant requirements are mandatory trash collection service for all residences and businesses and adoption of an ordinance requiring demolition construction projects to recycle salvageable materials, Neiman reported.

“The staff work associated with meeting the requirements in the compliance order will be significant,” said Neiman.

The first tasks the city has to complete are negotiating a new agreement with its franchise trash hauler, Waste Solutions; adopting an ordinance requiring mandatory trash collection; and adopting an ordinance that requires recycling for demolition projects.

In other business, the council will reconsider granting a loan to affordable housing developer Global Premier to help cover cost overruns. The loan would be for $700,000 at 3 percent interest, which would start accruing in the first year. Previously, the loan would not have begun to accrue interest until the 14th year, but council members asked the loan agreement to be renegotiated.

Neiman's report says he has been working with Global Premier to obtain 108 affordable housing covenants on its Adagio and Olympic Village projects, which would be part of the deal.

The council also will consider a request from the Zeier Family Trust to purchase their property at 14935 Ball Park Avenue for $1,332,000. An assessor's parcel detail on the 800-square-foot house on the city lot is valued at just over $43,000.

A letter to the city from Elizabeth Zeier says that the home is between two unbuildable lots and is directly across from Redbud Park's baseball diamond. When people park there they jam the street and make it unsafe for two-way traffic. “Liability is eminent and we are stressed to the limit,” she wrote.

Zeier said the home brings in $900 to $1,000 a week as a vacation rental, so they're asking for 360 equal payments of $3,700. Staff is suggesting the council reject the offer.

Other items on Thursday's agenda include Clear Lake Chamber of Commerce's quarterly report, which will be given by chamber president, Joey Luiz; consideration of a temporary street closure for Lakeshore Drive, from Golf Street to Olympic Drive, and Lakeshore Drive from Austin Road to Olympic Drive; and consideration of authorizing six police vehicles to surplus.

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