LAKEPORT, Calif. – This week the Board of Supervisors will hear a community group’s appeal of a permit time extension for a geothermal steamfield and consider the district attorney’s proposal to hire additional staff to prosecute environmental crimes in connection with illegal marijuana grows.
The meeting will take place beginning at 9 a.m. Tuesday, April 2, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. It will be broadcast live on TV8.
At 9:15 a.m. the board will hold a public hearing to consider the Friends of Cobb Mountain’s appeal of the Lake County Planning Commission’s decision to give a 30-year time extension to Bottle Rock Power LLC for its steamfield operations on Cobb Mountain.
Following the commission’s unanimous decision to extend the permit at its Feb. 28 meeting, Friends of Cobb Mountain filed the appeal, citing two key reasons: that the commission failed to meet the requirements of the California Environmental Quality Act for renewing the use permit, and that the commission failed to adequately address the question of payment for the steamfield’s final decommissioning, according to the staff report for the meeting.
Also on Tuesday, at 11:15 a.m. District Attorney Don Anderson will go to the board with a proposal to establish a marijuana/environmental law prosecution and recovery of eradication costs unit.
Anderson’s report to the board explains that illegal commercial marijuana grows have led, in some cases, to environmental destruction from use of chemicals, pesticides and fertilizers, as well as illegal dumping, air quality violations, illegal grading and structures, vandalism, and poaching and poisoning of wildlife.
“In most cases, these environmental crimes are not being investigated by law enforcement or prosecuted by this office,” Anderson wrote. “Environmental law is a very specialized area of the law. It requires an expertise that our local law enforcement officers and attorneys do not have. Law enforcement and this office do not have the resources or manpower to devote to active prosecution of environmental law.”
He said enforcing marijuana cultivation laws also has become very expensive for the county. Some expenses are covered by grants, but most enforcement costs still come from the general fund. A full-day marijuana raid can cost between $50,000 and $100,000 in wages, overtime, helicopters, equipment and pay for other county employees who assist, he said.
In order to effectively enforce environmental laws associated with marijuana cultivation and to recover eradication costs, Anderson is proposing to hire one full-time deputy district attorney, at a cost of $483,159; one investigator, $83,251; and spend $25,000 for a vehicle, equipment and training. The total cost to set up the unit would be $191,410.
All costs recovered from marijuana eradication of illegal commercial operations will go back to the law enforcement agencies that incur the costs, Anderson said. Reimbursements will be sought either through criminal cases or separate civil lawsuits.
“Without these two additional employees the District Attorney’s Office does not have the resources, manpower or expertise to start such enforcement and prosecution,” Anderson wrote.
Other timed items on Tuesday include presentations of proclamations at 9:10 a.m. designating April as Alcohol Awareness Month and Sexual Assault Awareness Month.
In an untimed item, the board will consider a proposed agreement with Ruzicka Associates for final design of an 8-inch water main for the South Main Street/Soda Bay Road Widening Project.
The full agenda follows. Some items are out of order due to an addendum being issued after the agenda was published.
TIMED ITEMS
9 a.m. A-1 to A-4: Approval of consent agenda, which includes items that are expected to be routine and noncontroversial, and will be acted upon by the board at one time without discussion; presentation of animals available for adoption at Lake County Animal Care and Control; consideration of items not appearing on the posted agenda, and contract change orders for current construction projects.
9:10 a.m., A-5: (a) Presentation of proclamation designating April 2013 as Alcohol Awareness Month; and (b) Presentation of proclamation designating April 2013 as Sexual Assault Awareness Month.
9:15 a.m., A-6: Public hearing, consideration of appeal to the Board of Supervisors of the Planning Commission’s decision to approve the use permit time extension of use permit (UP 85-27) for a 30-year time extension allowing continued operations of an existing steamfield.
10:45 a.m., A-7: Consideration of request for board direction regarding the retention of a consultant to assist with emergency medical services planning.
11:15 a.m., A-8: Consideration of request for board direction regarding the establishment of a marijuana/environmental law prosecution and recovery of eradication costs unit.
NONTIMED ITEMS
A-9: Supervisors’ weekly calendar, travel and reports.
A-10: Consideration of proposed agreement with Ruzicka Associates for final design of 8-inch water main for South Main Street/Soda Bay Road Widening Project.
A-11: Consideration of proposed letter of opposition to State Assembly Member Perea regarding AB 145 (Perea), a proposal to move the State’s Drinking Water Program from the California Department of Public Health to the State Water Resources Control Board.
A-13: Consideration of proposed letter of support for SB 740 (Padilla), proposing modifications to the California Advanced Service Fund to support broadband infrastructure in the most remote areas of the state.
CLOSED SESSION
A-12: 1.Conference with labor negotiator: (a) county negotiators: A. Grant, L. Guintivano, M. Perry, and A. Flora; and (b) Employee Organization: Deputy District Attorney's Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officers Association, Lake County Employees Association and Lake County Safety Employees Association.
A-12: 2. Conference with legal counsel: Decision to initiate litigation pursuant to Gov. Code Sec 54956.9(d)(4): Michael Fowler and Emily Ford v. County of Lake, et al., Case No. CV412464.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on March 26, 2013.
C-2: (a) Adopt proclamation designating April 2013 as Alcohol Awareness Month; and (c) adopt proclamation designating April 2013 as Sexual Assault Awareness Month.
C-3: (a) Adopt footwear policy for Community Development Department inspection staff and amend Exhibit A of Uniform and Clothing Purchase Policy; and (b) approve reimbursement of $329.14 for purchase of footwear in March 2013 in anticipation of policy adoption.
C-4: Adopt resolution approving the Medi-Cal Administrative Activities (MAA) Provider Participation Agreement between the county of Lake and the California Department of Health Services for fiscal years 2013/2014 through 2015/2016 and authorizing the director of Health Services to sign.
C-5: Adopt resolution approving the application of the Lake County Arts Council for the California Arts Council Grant and authorizing the execution of the grant contract.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
040213 Board of Supervisors - Friends of Cobb Mountain appeal
040213 Board of Supervisors - Marijuana prosecution and recovery unit proposal