Twenty-three million Americans are victims of crime each year and 5.2 million are victims of violent crime, reported Chief Deputy James Bauman of the Lake County Sheriff's Office.

“Those victims’ rights are a critical component to the foundation for our system of justice in America and a just society acknowledges the impact of crime on individuals, families, and communities by ensuring that rights, resources and services are available to help rebuild lives,” Bauman said.

Observing victims’ rights and treating victims with dignity and respect serves the public interest by engaging victims in the justice system, inspiring respect for public authorities, and promoting confidence in those charged with preserving public safety, according to Bauman.

While the nation has steadily expanded rights, protections and services for victims of crime, it is recognized that citizens must continue to ensure services are available to victims with disabilities, mental illness, those who are teens or who are elderly, and those living in rural areas or communities of color, said Bauman.

Making our homes, neighborhoods and communities safer and stronger by serving victims of crimes helps ensure “justice for all,” said Bauman. National Crime Victims’ Rights Week provides an opportunity for all of us to strive to reach the goal of justice by ensuring that all victims are afforded their legal rights and provided support as they face the financial, physical, and psychological impact of crime.

Bauman said the Lake County Sheriff’s Department will continue to join forces with the Victim Witness Section of the District Attorney’s Office, the Superior Courts, and concerned citizens throughout Lake County to raise awareness about victims’ rights and observe the 28th National Crime

Victims’ Rights Week.

{mos_sb_discuss:2}

The meeting begins at 9 a.m. at the Board of Supervisors chambers in the Lake County Courthouse, 255 N. Forbes St., Lakeport. The meeting will be broadcast on TV Channel 8.

In a lengthy hearing at the board's April 8 meeting, William Sullivan argued against the current proposal by Northern California Power Agency and Sunpower Inc. for a solar project located at the county's Southeast Regional Wastewater Treatment Plant on Old Highway 53 in Clearlake.

The matter will be continued at 3 p.m. during Tuesday's meeting.

The solar panels that are proposed to be installed at the site, within view of the homes of Sullivan and several other neighbors, are meant to provide 100 percent of the power needed to pump effluent from the plant to The Geysers, where it will be injected into the steamfields, according to county staff.

Sullivan and other neighbors questioned numerous issues with the project – among them the legal noticing and the project's map.

However, the main issue was proximity to so many solar panels – about seven acres worth – that Sullivan said will be within 120 feet of his property. He also questioned impacts on the area's roads, which already are in bad shape.

Sullivan said he didn't have a problem with the idea behind the project. “All we are trying to get them to do now is consider moving it back,” he said, because otherwise it would ruin the view from his home.

But Special District Administrator Mark Dellingr said where the project can be located on the 260-acre property is limited by state rules. Moving the solar panels back further into the property “is a killer for us.”

Dave Hughes, who lives in the neighborhood, said the project also will impact the wildlife in the area. “I think you're trying to cramp too much onto that property,” he said, with the result being an impact on the quality of life for people and animals alike.

Board Chair Ed Robey asked consultant Eliot Allen of Criterion Planners if there was a mutually beneficial way to resolve the neighbors' concerns and yet still fulfill the project. Allen said in planning the project planners had tried to take all concerns into account, and the panels are located in the only place they can be when considering necessary buffers.

“This was sort of the fait accompli we were given as a starting point,” Allen said.

Robey suggested these were discussions held by engineers and planners, but no one went out and knocked on doors. Allen said the noticing was sufficient, but Robey countered it was the minimum requirement.

County Counsel Anita Grant said that, according to state law, a solar project can't be turned down based on aesthetics, but rather there must be health and safety reasons.

Robey said he wasn't convinced there wasn't a better alternative. Dellinger said he felt the project was “the best that we can do” considering land use issues and a time crunch, with the solar facility needing to be installed by September.

The two sides were asked to come back to this Tuesday's meeting to continue the discussion.

Other items on the agenda:

9:15 a.m. – Hearing on nuisance abatement assessment confirmation and proposed recordation of notice of lien in the amount of $1,461.51 for 14002 Apple Lane, Clearlake Oaks (Brian and Barbara Oliveira).

9:20 a.m. – Human Resources Director Kathy Ferguson will give an update regarding the Naco prescription discount card program.

9:45 a.m. – A hearing on a notice of nuisance abatement at 6294 Sixth St. in Lucerne (Jayne Coronado aka Jayne Mosser) has been postponed, according to Code Enforcement.

10 a.m. – The Fish and Wildlife Advisory Committee will present its annual report.

10:30 a.m. – Public hearing: Discussion/consideration of request of the Lake County Environmental Health Department to exempt from the hazardous materials regulatory requirement petroleum fuel when stored in industry standard above ground containers and used at business locations for space heating or domestic hot water heating purposes.

11 a.m. – Presentation o f proclamation designating the week of April 13 through April 19 as National Crime Victims' Rights Week in Lake County.

11:05 a.m. – Presentation of proclamation designating the week of April 13 through April 19 as National Public Safety Communications Week in Lake County.

11:10 a.m. – Presentation of proclamation designating the week of April 19 through April 27 as Earth Day Celebration Week for recycling education and awareness.

11:15 a.m. – Assessment appeal hearing for James and Kristin Watson's parcel located at 10055 Meadow Drive, Cobb.

Untimed items:

– Consideration of a letter from Lake County Air Pollution Control Officer Bob Reynolds notifying the board of his intention to retire in August, and direction to the Human Resources Department to initiate the recruitment process to fill the pending vacancy.

The board also will have a closed session meeting at 1:30 p.m. with the Lake County Grand Jury and another closed session following the close of the regular meeting regarding negotiations for property on Mt. Konocti, employee negotiations and a potential case of litigation.

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 council will hold a workshop with staff at 5 p.m. Tuesday for a 2008-09 budget overview. The regular council meeting will begin at 6 p.m.

The public hearing on the annexation scheduled for Tuesday night will look at the initial study and environmental review for the Adamson Annex, a 150.7-acre area along Parallel Drive.

Last summer the city asked the Local Agency Formation Commission (LAFCO) to annex the property, but the request was turned down, with LAFCO citing concerns about the city's sewer capacity.

Also on Tuesday's agenda is a bond sale. Sitting jointly as the City Council, Lakeport Redevelopment Agency and Lakeport Public Financing Authority, members will consider authorizing the sale of redevelopment tax increment allocation bonds in the amount of up to $4 million.

In other council business, Ordinance No. 874 will be introduced. It corrects and amends the Lakeport Zoning Ordinance to limit the maximum number of guest bedrooms in bed and breakfast inns to five. The council will then set a second reading and public hearing for May 6.

Under applications, Migrant Education will ask the council to hold a multicultural fiesta on May 4 at Library Park.

The council also has scheduled a closed session to discuss employee negotiations, the Hotaling property and a potential case of litigation.

Lakeport City Hall is located at 225 Park St.

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

{mos_sb_discuss:3}

That was a question that arose during the Clearlake City Council's meeting April 10.

City Administrator Dale Neiman asked the council to consider amending the city's budget in order to meet some budgetary needs in connection with redevelopment.

Primarily, the city needs to make a payment in connection with a 1999 settlement with Clearlake Housing Now, a group that sued the city because it used redevelopment housing funds to purchase the Austin Resort property.

Neiman said the city is evaluating whether to extend the redevelopment plan another 10 years, which would require meeting certain obligations, which Neiman is concerned the city can't meet.

Clearlake Housing Now members along with some city residents also questioned a plan to have the city sell the redevelopment agency 22 lots for building affordable housing, lots which opponents of the plan question as being unbuildable or needing substantial engineering. The plan was meant to help the city meet state administrative requirements.

Not extending the plan would have serious consequences, said Neiman, including the loss of $21.7 million – $7.3 million for affordable housing programs, $7.6 million for economic development and public infrastructure, and $6.8 million in general fund revenues. Of that $21.7 million, $16.7 million would come from the state.

Those are funds that could be used for the community's many needs, Neiman said.

But to extend the plan the city needs to begin projects such as a housing element update, which will require "a significant commitment of staff time," Neiman said, and a year and a half's worth of work.

There's also the issue of the agency's inability to make the payments for the Clearlake Housing Now suit.

Neiman reported to the council that the suit called for $254,000 plus 5 percent interest annually to be repaid to the housing fund. The city purchased the property from redevelopment for $203,000 but the funds were never deposited in the housing fund, and now the amount required to be repaid amounts to $410,000. A budget amendment Neiman is proposing to the council includes repaying that amount back now.

There's also the need to eliminate a surplus in the housing fund, which Neiman believes can be addressed by transferring the 22 lots to redevelopment by July 1.

If the city fails to meet state requirements, it could face action by the state, said Neiman.

Attorney Andy Rossoff of the Senior Law Project, who was involved in the Clearlake Housing Now suit, said the redevelopment agency used the money for purchases other than housing.

The suit, he said, was to make a point that the agency hadn't acted properly. "The lesson was not learned."

Rossoff said the result is that the city's redevelopment housing fund has no cash. He said he realizes the situation is both difficult and complicated.

"You're in a very tough position," he told the council, adding that extending redevelopment was a good idea.

Rossoff said Clearlake Housing Now has been meeting with the city about ongoing settlement issues, and disagrees with the city's accountants about audit adjustments on the housing funds. "We can't frankly make a whole lot of sense out of them."

The housing fund is still owed a total of $653,000, said Rossoff, although the city's auditor claims the settlement isn't a fund asset. So the fund has no cash, and houses can't be built without money.

Rossoff said Clearlake Housing Now disagrees "very strenuously" with the idea that the housing fund can loan money to other funds for uses outside of housing, and they want to see a realistic and prompt correction.

As to the idea of selling the 22 lots to the city, Rossoff said he looked at them and found nothing buildable.

The city has problems with an excess surplus because it didn't spend money as the state required, said Rossoff. "I think you've got a lot of problems to fix before you get there."

Neiman agreed that the money should have been paid back when the Austin Resort property was sold, and he agreed the past use of the housing funds to buy the land in the first place was inappropriate. "The agency deserved to get sued,” he said.

In recent years, there has been substantial progress in helping low income housing in the city, it just hasn't come through the housing fund, said Neiman.

He suggested that Clearlake was "light years ahead" of both Lakeport and the county when it came to low income housing.

Fifteen percent of all new residential development in the project area must be low- to moderate-income housing, according to state law. "I think we're fairly close," said Neiman. "That's a different way to look at it."

Rossoff said it's a waste of public funds for redevelopment to buy the lots for more than they're worth.

But Neiman maintained that transferring the lots may be the only way to immediately solve the surplus. The city's staff is stretched thin, and the city budget had to be cut by $1 million last year, so resources are at a premium.

Rossoff replied that the city could enlist help from developers who could carry out projects. "I have concerns about putting all of your housing funds into single-family homes. I think it's not cost effective."

To update the redevelopment plan, the city must update its general plan, said Neiman. That will require substantial work in the next two and a half years, and because of resource issues the city might not succeed in pulling it off.

Supervisor Jeff Smith said that some of the issues probably started when he was still on the council. He was green then, he said, and he trusted city staff.

He said he is looking forward to the time when the city can “draw a line in the sand” and move forward into the future.

Smith said the city should extend redevelopment. If they don't, it won't mean there will be a change in property tax – it will just mean that the state gets all of the money.

He credited Neiman with being a redevelopment expert, and said his suggestions could lead the agency to actually building some homes, which it hasn't done before. “We are moving forward.”

Smith added, “I trust Dale more than any other administrator I've known in the city.”

He favored a suggestion made by Rossoff to form a citizens committee to oversee redevelopment. Smith said they can't blame people for not trusting due to what happened in past administrations.”

But he said, “That's behind us, it's time to move forward.”

City resident Alice Reece disagreed with Smith that there was no other way to help the city than through redevelopment.

“We could just simply shut down redevelopment,” she suggested. “Redevelopment hasn't accomplished a thing in this town.”

Redevelopment only serves to continue taxing residents, with bond issuers being the main ones who benefit, said Reece.

The funds are pushed from account to account, said Reece, but someone has to pay it back eventually.

“Just forget it,” said Reece.

Council member Joyce Overton made a motion to continue the discussion to the next meeting, which the council accepted.

Council member Roy Simons said that he believed past mistakes are educational, and hopes that a project area committee will be formed to to monitor redevelopment.

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

{mos_sb_discuss:2}

At its April 8 meeting the board was set to consider bids amounting to just under $30,000 for phase one cleanup at various sites on Charles Fowler's property on Adobe Creek Road.

The board voted in January to abate Fowler's 360-acre property, which has excessive amounts of garbage and scrap metal, junker vehicles, greenwaste and other materials.

Code Enforcement Manager Voris Brumfield said Fowler had made great progress in his own efforts on the cleanup so far.

However, Brumfield reported that Fowler was wanting to keep unpermitted trailers on his property, trailers which had been used for farmworker housing.

She also reported to the board that Fowler had told her he was felt his rights had been violated during Code Enforcement visits on his property, and that he was coerced to remove items from his property – including equipment – that he should have been allowed to keep.

Fowler told the board that Code Enforcement "raided" his property while he was in the hospital, being treated for a tumor on his pituitary gland.

Up until that time, Fowler said he had a viable cattle operation on the property. He said this spring he was forced to sell the rest of the cattle, and lost 100 years of genetics that had been developed on the property in doing so.

"You are putting me out of business by your actions," he said, saying the board was paying "lip service" to wanting to help farming in the county.

"I don't appreciate people making decisions about what we need for farm equipment and what we don't," he said.

He said Code Enforcement told him that he couldn't keep various pieces of equipment on the property.

Then, he added, "The county chased away my farmworkers, threatening them with a visit from CPS (Child Protective Services) if they did not leave."

Fowler said he needed to be compensated for the loss of materials and farm income he's suffered, and said the county's actions weren't supported according to a decision by the California Supreme Court.

Board Chair Ed Robey told Fowler that he was blaming the fact that "you've created one of the biggest messes we've ever encountered in Lake County" on Code Enforcement.

Fowler replied, "The exaggeration of Code Enforcement has been tremendous in this matter."

He also maintained that he was running a "legitimate composting operation" with the tons of greenwaste he had allowed to be dumped on the property by Lakeport Disposal.

Supervisor Rob Brown didn't question all of the issues of exaggeration brought up by Fowler. Instead, he focused on one area he knew to absolutely be accurate from his visits to the property – the conditions of the trailers Fowler had placed there, where farmworkers and their children had been living.

Brown called it "unbelievable" that children should have been living in those conditions, and said county staff shouldn't have threatened to call CPS, they should have just done it.

Fowler replied that the trailers were legally installed.

If the bids were awarded to the contractors and tax liens were placed on the property, Fowler – his voice breaking with emotion – said he wouldn't be able to stay on the land and would have to sell.

"Can we get some facts interjected?" asked Community Development Director Rick Coel.

Coel said his department, which includes Code Enforcement, has no desire to put Fowler out of business, adding that they've taken "extraordinary steps" to work with him.

He also addressed Fowler's claims that the trailers were legally installed because they were brought there prior to a need for permits.

"We've required building permits in this county since the 1950s," said Coel. "To say that there trailers were brought in prior to our requirements for building permits is just not true."

The trailers have serious electrical connections and sanitation issues, said Coel. One also has severe mold problems. "I stand by the actions we took."

Fowler said he didn't intend to allow Code Enforcement staff on his property in the future unless they were supervised. He said people have come to his property, hearing the land is in abatement, and attempted to take things.

Various people, including an attorney, have advised Fowler to take legal action to stop the abatement, he said.

Responding to Fowler's assertions of coercion, Brumfield said some of the equipment removed from the property was taken off by Fowler himself, not at the request of Code Enforcement.

The issues of equipment, said Coel, centered around "an excessive amount of storage" Fowler had at the site.

Because Fowler had made progress in the cleanup – pictures Brumfield presented showed areas along Adobe Creek Road looking far improved – the board delayed awarding bids in order to give him additional time.

Supervisor Jeff Smith suggested that at least one of the trailers could be moved to a piece of the property that is technically a separate lot, which would allow Fowler to legally keep it. However, Code Enforcement staff said the trailer would need to have its mold removed.

The matter will return to the board in May, when the board directed staff return with another progress report.

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

{mos_sb_discuss:3}

City Administrator Dale Neiman asked Police Chief Allan McClain to research some options to deal with the thorny issue of dispensaries in the city limits. McClain brought the results of his work to the council Thursday night.

Last April, the council extended for a year an interim urgency ordinance that had been adopted the year before, as Lake County News has reported.

That ordinance created a temporary moratorium on medical marijuana dispensaries within the city limits, but it may have been unnecessary and contradictory to California's Proposition 215, which legalized medical marijuana, said McClain.

The moratorium also couldn't be extended any longer, McClain said, and if a new one was introduced it would have required a new set of legal arguments.

The city originally had adopted the measure hoping that some precedent-setting medical marijuana court cases – including one in San Diego County – might be resolved and shed some additional light on how cities should deal with the contradictions between state and federal law, said McClain.

But with those suits still in the courts – and likely to be for years to come – McClain suggested that the city could find itself on the wrong side of a lawsuit if it took a position outside of established city ordinances that currently don't allow business licenses to be issued for any activity “in violation of any federal, state or municipal law.” Since medical marijuana isn't recognized by federal law, that ordinance would, by default, cover medical marijuana dispensaries.

McClain said that dispensaries currently operating in the city have business licenses for other products – such as medicinal herbs – and some didn't get licenses at all because they knew they couldn't.

“There never have been any licenses issued in the city of Clearlake for someone to dispense medical marijuana,” said McClain.

Council member Joyce Overton said she would like the city to follow the lead of other municipalities and require medical marijuana to be grown in enclosed spaces to prevent the smell bothering neighbors. McClain said he was looking at such an ordinance now.

McClain also asked the council for how his agency should proceed with respect to those dispensaries that continue to operate.

Neiman said the council could direct police staff to cite dispensaries, which they don't currently do.

Dave McCullick of D&M Compassion Center urged the council to allow the dispensaries to continue to operate in order to give patients safe, legal access to organically grown medical marijuana.

McCullick said he believes the state eventually will win the medical marijuana argument with the federal government, and pointed to legislation set to be introduced that will stop federal agencies from becoming involved with medical marijuana decisions made by states.

He also argued that business licenses are not regulatory but a way to obtain business revenue for the city. Medical marijuana is beneficial for many people, McCullick added, noting that dispensaries such as his have been “a good part of the community.”

City resident Alice Reece asked if D&M Compassion Center pays sales tax. Neiman said the state collects it and the city receives 1 percent of the 7-percent tax.

Mayor Curt Giambruno asked McClain if there had been problems over the last two years with medical marijuana purchased at the dispensaries bing sold to children.

McClain said it's hard to say where the marijuana that is found on the streets originates.

However, he added that his officers have arrested people with large amounts of marijuana who said they were working for local dispensaries. He said there have been other incidents – including shootings – linked to medical marijuana.

He said he felt Proposition 215 was “way too open” about how medical marijuana should be handled.

McClain said he has been to McCullick's business and spoken with him, and hasn't had any issues. Nor has the police department made any moves to shut down the dispensary.

The only way to change the current police approach was for the council to direct it. “If you don't do that nothing's going to change as we go forward,” said McClain.

Ultimately, the council agreed with McClain's suggestion to simply rely on city ordinance in order to avoid potential liability.

Clearlake's approach to medical marijuana has been less aggressive than that taken by Lakeport. In that city, the council adopted an ordinance in March of 2007 to ban medical marijuana cultivation within city limits. The move was taken because officials cited concerns over public safety and plant odor.

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

{mos_sb_discuss:3}