The case involves the Dec. 7, 2005 shooting deaths of Rashad Laron Morris Williams, and Christian Dante Foster, both aged 22, shot to death by homeowner Shannon Edmonds as they fled from his home.

Late last month, in a hearing on a motion to dismiss the case which was brought by the county and Clearlake, Judge William Alsup ruled that he would dismiss the case against the two jurisdictions.

Williams' mother, Sheila Burton, and grandmother, Minnie Burton, and Foster's parents, Sherrill and Howard Foster, filed the suit last October in the U.S. District Court for the Northern District of California.

It names Edmonds and his girlfriend, Lori Tyler, the city of Clearlake and the county of Lake, as well as 100 unnamed defendants or “Does” believed to have been employees of the Clearlake Police Department and Lake County Sheriff's Office at the time.

The suit alleged that local officials were responsible for Williams' and Foster's death because they allowed Edmonds and Tyler “unlawfully to sell recreational drugs, to possess firearms, to use minors in unlawful sale of recreational drugs, and for failing to protect persons such as Christian and Rashad.”

The families also alleged that Edmonds, who is white, is a racist and that the shootings of the young black men were racially motivated. The suit alleges that the shootings occurred following a fight.

The result, the families' suit alleged, was that the young men's civil rights were violated.

They also allege that Edmonds and Tyler were targets “in several, earlier robbery attempts” designed to steal their cache of marijuana and other drugs – which the suit suggests included methamphetamine – and that they failed to take steps to deter the robbery attempts, and local officials “failed to force the couple to stop illegal activities.”

"It's essentially a wrongful death case,” said Mark Hazelwood of the San Francisco firm Low, Ball and Lynch, who is one of the attorneys representing the city of Clearlake. The county had separate counsel, he said.

Russell A. Robinson, a San Francisco attorney representing the Burtons and Fosters, said the suit did not seek a specific amount in damages, which would be determined by what they can prove in court.

Types of damages listed in the suit by the families include hospital, medical and funeral expenses; loss of care, comfort and solace; loss of economic support; loss of life and pain and suffering.

Alsup's dismissal required Robinson to file a motion within 14 days to amend the lawsuit, said Hazelwood, time which has since run out.

Alsup wrote that the plaintiffs' allegations of inaction on the part of law enforcement officials weren't sufficient to prove the case. The allegations “are far too remote” to attribute the deaths to the city and county, he explained.

“There is no allegation that Edmonds was in any way acting as an agent of the city or county or that the city or county implemented any policy that contributed even in part to the shootings. Plaintiffs’ conclusory allegations are not enough,” said Alsup.

“We just don't see that there's a viable claim against the city, and that seemed to be what the judge was saying,” said Hazelwood.

Robinson told Lake County News he did not plan to amend the current complaint because he didn't feel it would be proper to do so given the wording of the judge's order. Robinson said the judge's instruction would have required him to state that the police or deputies were on scene that night before the shootings took place.

“That just wasn't the way it happened,” he said.

However, Robinson said he believes there was a relationship between the city and Edmonds, and he said he has evidence to support that belief.

The case against Edmonds and Tyler is still moving forward, said Robinson, with a trial set to begin in federal court in September of 2009.

Last week, 23-year-old Renato Hughes, Williams' and Foster's friend who allegedly was with them that night, went on trial in Contra Costa County for their deaths.

Hughes is being tried under the provocative act theory, which holds a person responsible for a death if they are alleged to be involved in an illegal act that could result in a lethal response, such as a shooting.

Robinson said the criminal and civil cases are both related factually, and he plans to watch Hughes' trial closely.

“We're keenly interested in the evidence as it develops,” he said.

He said he is considering filing an appeal of Alsup's decision to dismiss the case against the city and county, adding that has time to do that and it may not happen for a year.

Hazelwood said he intends to move for entry of judgment, which would start the clock running on the appeal's timing.

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

{mos_sb_discuss:2}

The regular meeting will begin at 6 p.m. at Lakeport City Hall, 225 Park St. A council and staff budget workshop will begin at 4 p.m.

The discussion regarding an interim city manager will take place in closed session at the end of the regular meeting.

Last week, City Manager Jerry Gillham – an Army National Guard member – announced he was being redeployed to Iraq late next month. This will be Gillham's second, year-long deployment to that country.

He has proposed to the council that they appoint Police Chief Kevin Burke to fill in while he's away, saying it will save the city $110,000 in wages and benefits and allow them to put off cuts to the police force.

In open session, the council also will look at a lengthy list of city service fee increases for the 2008-09 fiscal year.

This is the second year of a three-year phase in for many of the fees, including those for Community Development Department services such as encroachments and subdivisions, final maps, banners and architectural design review. Also included are police citations and concealed weapons permits, code enforcement, building services and permit issuance.

Other agenda items for Tuesday include:

• City Engineer Scott Harter will ask the council to provide direction to staff regarding funding from the Channel Cats swim team per the Westshore Pool Grant.

• An intertie agreement with County Service Area No. 21 to allow for sale of potable water for emergency purposes will be up for consideration.

• Council members will consider possible nuisance abatement or continued dialogue with owner of property at 525 Esplanade, where cleanup and property improvements have stopped and the city permit has expired.

• The council will meeting jointly as the Redevelopment Agency Board of Directors in order to approve pass through payments to affected local tax agencies.

• Convening as the City of Lakeport Municipal Sewer District, members will consider approving a sewer system management plan as required by state law.

• Burke will take to the council an ordinance involving wrong way parking, which would require parallel parking to be in the direction that traffic normally moves on city roadways that are undeveloped and have no adjacent curb.

• Under the consent agenda, the council will consider rescinding an ordinance for a quagga mussel inspection program. The ordinance was “hastily drafted and adopted,” and has since been cleaned up but never published. The Quagga Mussel Task Force has proposed the city instead adopt a resolution in support of the county's existing ordinance, which would then be used by the city of Clearlake as a template for its adoption.

• The council will consider a request for an application to have cardboard boat races at the First Street ramp and swimming area on July 4.

• Use of volunteers at Westside Community Park also will be up for discussion at the request of Councilman Ron Bertsch.

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

{mos_sb_discuss:3}

The meeting starts at 9 a.m. in the Board of Supervisors chambers at the Lake County Courthouse, 255 N. Forbes. TV Channel 8 will broadcast the meeting live.

One of the day's primary items will be an untimed consideration of a preliminary budget tabulation for the 2008-09 fiscal year.

The board will consider approving the tabulation, offered to them by County Administrative Officer Kelly Cox, which will constitute the proposed budget for the fiscal year which begins this July.

They'll also look at a proposed resolution approving position allocations for the upcoming fiscal year in order to conform to the proposed budget, and consider requests to authorize purchase of certain fixed assets and fill new positions prior to adoption of the final budget.

At 9:45 a.m., the board will hold a public hearing on proposed leases at the soon-to-be-opened Harbor Village, a remodeled business park next to Lucerne's Harbor Park on Highway 20.

The Redevelopment Agency proposes to lease the four small shop spaces to local artists and craftspeople.

Leases for consideration include 6193 East State Highway 20, which will be leased for the sum of $200 per month to Ray Farrow, Meredith Gambrel, Joan Facca and Richard Seisser; 6195 East State Highway 20, leased for the sum of $150 per month to Joe Schopplein, Lynn Hughes, Lorna Sides, Patricia Oates, Diana Liebe, Barbara LeVasseur, Ruth Morgan, Carolyn Morris, Carolyn Hawley and Jackie Smythe; 6197 East State Highway, leased for the sum of $200 per month to Marilyn Crayton, Linda Kelly and Sandie Coelho-Davis; and 6199 East Street Highway 20, leased for the sum of $200 per month to Luwana Quitiquit and Wanda Quitiquit.

A second reading of an ordinance imposing liability on social hosts who allow minors to obtain, possess or consume alcoholic beverages will be held. The ordinance was advanced to the Tuesday meeting after it received the board's approval on an initial reading at the June 10 meeting. The item is untimed.

At 10 a.m., the board will hold a public hearing on the Planning Commission's recommendation

to deny a General Plan Amendment of a two-acre lakefront property from Commercial Resort to Suburban Residential and consideration of a proposed Ordinance rezoning lands from “CR-FF” (Commercial Resort-Floodway Fringe) to “R1-FF” (Single Family Residential-Floodway Fringe) for the Widgeon Bay/Sunset Point Mobile Home Park, proposed for Ben Lawson. The project is located at 11967 and 12037 East State Highway 20.

Other items on the Tuesday agenda include the following.

Timed items:

• 9:15 a.m. – Presentation by Health Leadership Network Director Susan Jen regarding the development of the countywide Obesity Prevention Policy, The Farm to School Project and The Community Recreation Project.

• 11:30 a.m. – Presentation by Chancellor Nicki Harrington regarding programs, activities and services offered by Yuba College at the Clear Lake Campus.

• 11:55 a.m. – Presentation of proclamation commending Tim Darnell for 33 years of volunteer service in Search and Rescue.

A public hearing scheduled for 1:30 p.m. on James Clement's appeal of the riding academy proposed by John and Joanne Van Eck at 4965 Steelhead Drive has been postponed until June 24.

A closed session to discuss labor negotiations will be held after the open session of the meeting has concluded.

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

{mos_sb_discuss:3}

The seats currently held by Mayor Curt Giambruno and Council members Joyce Overton and Judy Thein are scheduled for election this November.

On Thursday, the council voted to call the city election, which will be consolidated with the statewide election on Nov. 4.

The resolution passed by the City Council, and due to go to the Board of Supervisors, asks the county to provide election services to the city, as has been done in the past.

The filing period is just under a month away – beginning July 14 and running through Aug. 8, according to City Administrator Dale Neiman.

Overton this weekend that she's planning to seek a second term.

“We've got to stay a team,” she said.

Overton said she feels the city is “on the move,” and that the current council works well together.

“We all want the best for the city,” she said.

After Thursday's meeting, Thein said she decided to seek reelection. Like Overton, Thein is completing her first term on the council.

Giambruno – appointed to the council from the Planning Commission two and a half years ago to fill the unexpired term of Steve Markham, who left the area – said he wants to continue on the council and also will run.

He said his late wife, Judy, who died in March, had made him promise her that he would seek another term on the council, because she thought he had important work to do for the city.

For those who wish to throw their hats into the City Council ring, candidate packets will be available during normal city business hours from City Clerk Melissa Swanson at Clearlake City Hall, 14050 Olympic Drive. Completed packets also must be filed with Swanson, Neiman reported.

For more information call Clearlake City Hall, 994-8201.

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

{mos_sb_discuss:4}

By now members of the Clear Lake Riviera community will have received ballots to fill four positions for the community association's board of directors. Ballots were mailed to homeowners on May 18 and the ballots need to be returned no later than June 24.

A correction in the instructions was also mailed informing members that they need to vote for four candidates, not just two.

The vacancies are available because of one vacant position and the term expiring for Sandra Orchid who served as secretary. President Alan Siegel and Vice President Sid Donell were appointed to the positions for the current term because no one ran for the position during the last election. At the last board meeting Siegel and Donell announced their intention to resign to leave room for new board members.

Because of the renewed interest in the health of the association, seven residents have thrown their hat into the ring to fill these positions. They are listed below in alphabetical order.

Denise Frane

Denise Frane is a business administrator affiliated with a Lake Co nonprofit corporation for 23 years. She supervises a staff and is involved with business meetings for the company. She has been involved with the company board during that time so she is aware of how boards and committees work.

Frane has lived in Lake county since 1960, graduated from Kelseyville High School and has lived in the Clear Lake Riviera since 1981.

“I think it’s important that the board stay intact and incorporated to face the issues that concern members of the Clear Lake Riviera community,” said Frane. “It needs to be stronger and more responsive to the community and encourage the members to take a more active part.

“Weed abatement is an important issue that needs to be addressed,” she said. “Some property owners have diligently worked to maintain their lots while others have ignored warnings and have incurred fines. I propose to use the money generated by the fines to clear lots for those in hardship cases.

“When I first heard about the proposed road benefit zone I thought we pay our taxes they should do it for free,” she continued. “Now that I heard all the issues involved, I think that it is fair that the county helps us repair our roads. I now think the benefit zone is a good idea.”

Anthony Gniadek

There was no response from Anthony Gniadek. However based on his application filed at the association office he states, “A vote on the dissolution of the Community Association should be called for. It is time to bring kangaroo courts to an end, the perpetual pissing wars this association get into to an end, a surrogate County Government to an end. Dissolving the association will send a strong message to the Board of Supervisors.”

Pat Howell

Pat and Jim Howell moved to the Kelseyville from Ventura County three years ago this coming August. Pat served on her local homeowner association as secretary for three years.

“One of the reasons we built a home here in the Riviera was because it has a homeowner’s association,” she said. “There are a number of areas around the lake that have nice homes among trailers with junked cars rusting in the yard. We didn’t want to live in a place like that. The reason that the Clear Lake Riviera is such a nice place to live is because of the homeowners association.

“I would like to see the homeowners association protect the rights of the property owners, keeping the neighborhood free from fire hazards, from becoming congested with overbuilding on every open space such as the golf course,” she said.

“I think we need to monitor the neighborhood to enforce and cite the violators, giving them plenty of opportunity to resolve it,” she said. “Currently it is divisive to enforce the rules only when neighbors complain. It creates bad feelings between neighbors. I’m glad we currently have a paid employee that will do this.

“As far as the benefit zone, I think that this is a real good idea because it will increase property values and reduce required vehicle maintenance from driving on bad roads,” she added. “I drove through a pothole in Clearlake that required me to replace two tires and a rim. From what is being charged to repair the roads is a pittance compared to the real cost involved.”

Jim Irwin

Jim Irwin has spent the last six years being self-employed in construction management.

He has served two years on the Lakeport City Council, where he has gone through the budget process.

Irwin has a bachelor of science degree in engineering from Cal Poly, San Luis Obispo as well as many courses in project management. He has spent his entire life in Lake County (except for four years at college in San Luis Obispo) and has owned property in Clear Lake Rivera since 2005.

“The homeowners association should continue in its mission to protect and promote the property values,” Irwin said. “This would involve enforcement of the CC&Rs to ensure that the neighborhood remains clean, safe and secure.

“Fire is a definite safety hazard! I would encourage keeping the free bush chipping program open to members of the association,” he said. “I would also support proactive steps by the HOA/Code Enforcement to identify unsafe lots and have their owners notified. If property owners fail to correct the hazard then the HOA needs to step in and take the steps necessary to ensure compliance.

“I support the proposed road benefit zone,” Irwin continued. “It is unfortunate that the county has not been able to manage their budget well enough to maintain what they agreed to maintain, but in the interest of actually getting the roads fixed, I would be in favor of the road benefit zone.”

Donna Moeller

Donna Moeller has lived in Lake County 18 and a half years. Her husband Don is a former board member who was treasurer.

She is a retired mortgage broker and has served on the Clear Lake Performing Arts council for 14 years, where she held various positions including the presidency from 1998 to 2001. She is reported to be a good organizer who gets along well with people.

Her stated goal is, “Reestablishing community confidence in the benefit of the association, making a keeping the community as ‘family friendly’ as possible. To address the issues creating division and misunderstandings between board members and disgruntled property owners through communication and compromise.”

Darrell Watkins

Darrell Watkins served two years as president of the Mount Konocti Mutual Water Co. here in the Riviera. He is a graduate of Pepperdine University's School of Education, an early retirement teacher and a successful businessman in Clearlake.

He has lived in Lake County 26 years and in the same house in the Clear Lake Riviera for 21 years.

“I see the Riviera more as an advisory and consultation entity than a police force, keeping the signs up and height limits to not block lake views with new homes,” Watkins said. “Freedom, individuality and privacy are important.

“The association needs to get out of the business of brush cutting,” he said. “It has no fire experts. The existing board's 100-foot-from-every-building rule is ridiculous.

“Fire isn't the only concern for Rivierians,” he added. “Natural habitat, wildlife, erosion, money, privacy and freedom are also important concerns. The road benefit zone is a clever way to increase property taxes. It nullifies Proposition 13 which limited property taxes to one per cent of the purchase price.”

Watkins is also running for a position on the Mount Konocti Mutual Water Co. Board of Directors.

Walter K. Zuercher

Walter K. Zuercher was born in Switzerland. He was raised, schooled and educated in electromechanical engineering in the same region.

He immigrated to the United States in 1974 and became a US citizen in 1986. From 1975 to 1990 he was employed as manager of corporate engineering for a major forms printing company in San Diego.

In 1991 he started a company in Dayton, Ohio, in the graphics arts industry, specializing in printing, paper and board converting. The position entailed responsibility for all technical aspects of the business. He sold the company with the contractual agreement to stay on for five years as technical director.

After retirement in 2005, he moved to Clear Lake Riviera where he now resides with his wife, Silvia.

“Even with the short time, or maybe because of it, we are well aware of the issues within our community and with the 'light baggage' we carry, I might well be able to inject some new thoughts that will benefit the unity and prosperity of the community,” he said. “The well being of the community has to be the central focus point at all times. For all of us, one of the largest, if not the largest, investment is our house. We need to protect and strive to improve that value at all times. For that to happen we must try to kindle the interest of the people to help each other.”

Zuercher’s vision of the future is:

• Street or block working parties a few times each year, to help the disabled and the elderly to comply with the CC&R.

• Organizing block parties to get to know the neighbors better and find some common grounds for actions.

• Lobby the county to be more active in tree maintenance along the streets, cleaning and maintaining the streets and supporting the work parties.

• Searching for ways to create useful open space for people of all ages, be it a playground for toddlers, ball fields for the young and young at heart, or just a covered gathering place for seniors, anything that will attract people and by that become a community-meeting place.

• Exploring the possibility of a park on the lake with launching facilities for the community.

• Lobbing the county and state, to prevent elderly people on fixed income from being forced out of their homes because of rising costs other than mortgages.

“(Fire Abatement) is a “thorny” issue and much of the discontent I sense in the community stems from just that intrusion into the personal freedom,” he said. “We have no choice but to comply with the fire departments request and guidelines. After the big fires, potential loss of insurance coverage has become a reality. For the good of the whole community, everybody with the necessary resources needs to tackle the task as soon as possible. What we should and can do, as a community is to guide people then find the voluntary manpower to help the elderly and disabled people to comply. We also have to put pressure on the fire department to get the surrounding property owners in compliance.”

Concerning the proposed road benefit zone Zuecher said, “Personally, I’m very disappointment with the stance of the state and county government on the issue. Feeling strongly, like so many have expressed, that it is government’s responsibility to maintain our streets. I also clearly see that waiting for the county or the state will not help the community. Waiting will deteriorate our home values; play havoc with our cars suspension systems and tires, to the fact that we potentially may bring more money to the auto repair shop than the assessment will cost us.

“Inspecting the work done in other HOAs around the county, I truly believe that those homeowners have taken the right steps to maintain there home values. I’m also attuned to the fact that there are people living in our community on fixed income. To some of them, the assessment would create a hard ship. As a member of the board, or for that matter the community, I would feel obligated to find solutions for these people, either in form of relief from the County or possibly the community association,” he concluded.

Reprinted with permission from Lake Community Newspapers, e-mail This email address is being protected from spambots. You need JavaScript enabled to view it..

{mos_sb_discuss:2}

Susanne La Faver and James Comstock were the top vote getters on June 3, leading a field of six candidates that also included Don Dornbush, Scott Fergusson, Joey Luiz and Robert MacIntyre.

Some of the retired field of candidates indicated a willingness to stay involved in the current race.

Luiz told Lake County News he'll stay active by endorsing La Faver's candidacy and working on her campaign.

“We've gotten to know each other well through the last few months,” he said, adding that her “heart and thoughts and cares are in the right place.”

MacIntyre said he's still deciding whether or not he'll endorse either of the two candidates in the runoff.

He said he's seeking guidance from his supporters, but has so far heard advice both to endorse and not to endorse.

“I'm going to leave it to the folks who have supported me,” he said.

Dornbush said he won't take a public position in the campaign ahead due to his position as president of the Hidden Valley Lake Association.

He said he called to congratulate both Comstock and La Faver and offered them both help and information.

While he said both of the leading candidates have viewpoints that differ from his, he said he also agrees with them on some things.

Fergusson, like Dornbush, is going to keep his opinions on the race private. “I'm not going to endorse either one of them because I had people on both sides on my side,” he said.

As a businessman, he said endorsing one of the candidates openly might negatively impact his business.

With only a 27-percent turnout in District 1 – a little less than half of the turnout seen in the February Super Tuesday primary – the June turnout was tough for the field.

Dornbush, MacIntyre and Fergusson all said they were disappointed with turnout – with MacIntyre calling it “deplorable,” and likely a result of “national campaign fatigue” brought on by the lengthy battle for the presidency.

Despite low turnout, Dornbush pointed out that La Faver and Comstock got their voters to take action. “That's the key in these things.”

The low voter number could improve in November, when the race between La Faver and Comstock will be decided at the same time as the presidential election.

The four candidates whose races ended last week all indicated the willingness to consider runs for local elected office in the future, all of them saving at least some of their signs for possible campaigns.

Luiz said if Comstock were to win, he might challenge him in four years. He promised to stay involved in the community regardless of whether he seeks office again.

MacIntyre said another run is still to be determined, adding that he believes he may be able to be more effective as a private citizen than as a member of the Board of Supervisors.

Fergusson said he'll bide his time deciding to run again, but he said he felt the campaign was a constructive experience for him.

That was a sentiment shared by MacIntyre.

“It was an incredibly positive experience. I learned so much,” he said. “Regardless of whether or not I campaign again, I'm a better person overall.”

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

{mos_sb_discuss:3}