The Judicial Council of California's Administrative Office of the Courts is planning to build the $53 million project at 675 Lakeport Blvd. in Lakeport.

“The Administrative Office of the Courts is assessing the altered language in the memorandum of understanding and hopes to have a resolution soon, so as not to hold up the site acquisition any further,” said spokesperson Teresa Ruano.

On Tuesday, the council considered an updated memorandum of understanding with the Administrative Office of the Courts regarding the courthouse development.

In January the council had entered into a memorandum of understanding with the agency, but a title search on 675 Lakeport Blvd. raised questions about legal access across a property that fronts the site, according to city officials.

A staff report to the council explained that the property that fronts the courthouse site had once belonged to Caltrans and was relinquished by the state to the city when Highway 29 was built. That relinquished land was then used by the city for Lakeport Boulevard, although the city didn't officially designate it as street right-of-way.

The Administrative Office of the Courts therefore asked for a new memorandum to formally acquire legal access, seeking “a perpetual, non-exclusive use” of the access area for ingress and egress to the courthouse location, according to city documents.

In turn, as Community Development and Redevelopment Director Richard Knoll told the council Tuesday, city staff proposed that, in return for the access, the Administrative Office of the Courts dedicate land for a right-of-way for a new collector street along the eastern property line of the new courthouse site. The city also was seeking the agency's contribution to constructing the street, including dealing with utilities and drainage.

The state agreed both to the right-of-way dedication and contributing to the construction “if feasible,” which Anne Ording, the project manager for the courthouse, told the council was because details about that proposed roadway were still not clear.

While the state was comfortable with the memorandum's language as it was proposed, Knoll told the council that staff preferred stronger language in favor of the city's requests.

The council voted to remove “if feasible” in the places where it was stated in the proposed memorandum before passing it.

The council also voted to send the Administrative Office of the Courts and state legislators letters asking for concerns about the new building's design and its orientation on the property to be addressed.

Ruano said the Administrative Office of the Courts was taking those concerns into account.

“We are also continuing our exploration with the architect on siting issues and options, and will be working with the project advisory group on this when it next meets in June,” she said.

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The council – with Mayor Suzanne Lyons and Councilman Bob Rumfelt absent – would vote to send the state a letter asking for consideration in preserving the city's views.

The state is planning a $53 million courthouse project at 675 Lakeport Blvd., a project that has been in the planning for several years.

The building's design and location isn't yet set – it's not expected to be completed until 2014 – however, a recent discussion of the project's advisory committee that looked at very preliminary plans raised the concerns of Supervisor Anthony Farrington.

Farrington has criticized what court officials said are very preliminary proposals for the building, including locating it at the north end of the property, which would block part of the view from the Vista Point overlook. He wrote an editorial criticizing the plan and also took to the Board of Supervisors a request to send letters to the state and to the city of Lakeport asking that the building be situated differently on the property.

Based on the supervisors' letter to the city, staff took to the council a recommendation to ask the state Administrative Office of the Courts to consider the Vista Point overlook's significance to the community and the potential impact both to visitors and residents if the new courthouse were to obstruct the view.

Councilman Tom Engstrom wondered if the state would listen to the city's concerns.

Lake County Superior Court Chief Executive Officer Mary Smith, on hand with several local and state court officials, told the council, “Where that building will sit is still very much up for grabs.”

Smith said the state does listen to what the community wants. “They have all along,” she said, adding, “I think they very much want us to be happy with this building.”

In his comments to the council, Farrington faulted the state for just looking at siting the building on the property's north side, which he said would impact Vista Point, “a treasure in this community.”

The city of Lakeport has an easement, called a “cone of vision,” meant to help protect the overlook. However, according to Farrington, the cone of vision is only a small sliver of the overall view. “It does not give us the aesthetic projection that we need.”

He said the “northern scheme” for locating the building will cause the overlook to lose as many as 10 parking spaces, in addition to blocking the view of Clear Lake and Mt. Konocti.

Farrington asked the council for a more strongly worded letter than staff proposed that opposed the northern scheme outright. He said the state didn't consider the southern scheme in its environmental document. “To me that signaled, at the most fundamental level, that their minds were made up.”

He went further, telling the council that in taking action, “This is a rare opportunity for us as leaders, it's a unique opportunity.”

Farrington even asked the council to delay a decision on a memorandum of understanding with the state regarding the project – discussed later in the meeting – until the siting issue was settled.

Lake County Superior Court Judge Richard Martin, another member of the project's advisory committee, also spoke to the council, bringing with him a thick white binder filled with documents on the project.

Lake County's new courthouse, Martin pointed out, was listed by the Administrative Office of the Courts as among the top eight courthouse projects in the state.

Martin, who said he's been in Lake County for more than 30 years, told the council, he was tired of seeing Lake County passed over for projects because of its smaller population. “We end up with what's left over.”

The courthouse project, Martin said, was an instance in which Lake County was getting the money to carry out a project that every county in the state wanted. It will bring to the community $50 million, a lot of which he said will be spent locally.

A new courthouse, Martin emphasized, is badly needed. Referring to the Lake County Superior Court's current facilities on the fourth floor of the Lake County Courthouse on N. Forbes Street in Lakeport, Martin said, “It's crowded, it's a horrible facility, it's an accident waiting to happen.”

The Administrative Office of the Courts, he said, agreed and awarded the county the project. “It's an immediate and urgent need, and that's why we got it.”

He recounted the detailed work that went into sorting through several dozen potential sites – a process he said was aided by Lakeport Community Development and Redevelopment Richard Knoll compiling a comprehensive list of prospective sites.

Eventually the committee narrowed the list down to the top three sites, which included the Vista Point Shopping Center property, located within a block of the 675 Lakeport Blvd. site. While the shopping center was listed as a good site, Martin said the owner wanted eight times the appraised value. That site also would have required demolition and extensive drainage work.

“It's an expensive proposition,” he said, and ultimately the current site was selected.

“Personally, I don't really care where they build the courthouse, I just want a safe, adequate place to work,” he said.

The project's previous architects had proposed a building that was eight feet higher than the current proposal, said Martin, adding, “Maybe some people should have paid more attention.”

He said siting the building on the southern side of the property has major issues, including the easement covering the view and a sharp bend in the road that would make it difficult to get a fire truck or bus into the facility, which he said was a “deal killer.”

Martin assured the council that the project was still in its preliminary stages, and that every one of the decisions so far was voted on by the committee.

He said he had a personal concern that if there is a delay the money for the project won't be there.

Farrington got up to respond to Martin, saying if he hadn't paid attention then others – including Lake County Chamber Chief Executive Officer Melissa Fulton, who was present for the discussion – hadn't either.

“I would rather not have this project if it meant it was going to take away the view from Vista Point,” said Farrington, adding he wouldn't be surprised if most of the contractors and materials came from outside of the community.

Fulton told the council that she preferred to take the positive approach. While she didn't realize the building would be so tall, she said the community needed the courthouse. “We need it for our current needs and our future needs.”

She said the last thing she wanted to do was slow down or lose the building project. Orienting the building on the property's southern side was possible, and wouldn't infringe on the view, while the northern scheme would remove 70 to 80 percent of the view.

“We all know what that means to our community,” she said, pointing out that people visit the overlook “in droves.”

She said the Administrative Office of the Courts has asked the chamber for a list of local resources for the project, which she called a “wonderful benefit” for the community.

While Fulton said most of the advisory group didn't want the northern scheme, she acknowledged, “The drawings we saw were less than preliminary.”

Engstrom said he liked the tone of the staff-proposed language, reading it aloud and moving that the council accept it.

During the council's brief discussion, Councilman Roy Parmentier said he agreed with Farrington. “We're a vacation county. Everyone comes up for the views.”

Looking out at the court officials, Parmentier said, “You want to build a building, do it our way. It's our community.”

The council voted 2-1 to approve the letter to the state, with Parmentier voting no, because he wanted stronger language added.

Also relating to the courthouse, the council voted to direct staff to initiate an amendment to the city general plan's transportation amendment and add it to the 2011 Community Development

Department Work Program.

The council then considered a memorandum of understanding with the Administrative Office of the Courts. The document dealt with issues including a concern about legal access from Lakeport Boulevard due to the fact that the property fronts on a portion of land that once belonged to Caltrans and was relinquished by the state to the city.

While the land was relinquished and used for Lakeport Boulevard, the city didn't officially designate it as street right-of-way, according to a staff report. The Administrative Office of the Court's title company concluded that the situation created a potential legal issue regarding property access.

That led to the state asking for a new memorandum, which would grant it perpetual, nonexclusive use of the access area adjacent to Lakeport Boulevard for ingress and egress to the courthouse property.

The city in turn asked that the Administrative Office of the Court dedicate land for a new street right-of-way, which the state agreed to do “if feasible.”

Parmentier took the “if feasible” to mean, “If they don't feel like doing it, they're not going to do it,” adding that he wanted that language taken out.

“Why would it not be feasible?” asked Engstrom.

Anne Ording, the courthouse project manager, said the language was included because, “No one right now has any information on what the road is going to look like.”

Mayor Pro Tem Stacey Mattina asked if the memorandum of understanding was proposed too soon, but Ording said no, that it was needed now in order to move forward with site acquisition.

Engstrom asked Knoll if he was happy with the language. “We prefer stronger language,” Knoll said, adding the city didn't want to be in the position of holding the project up, and that the city may be taking a leap of faith.

Nonetheless, he said staff was recommending the memorandum of understanding be accepted as written.

The Administrative Office of the Courts “is not making this easy,” said Engstrom, who told state officials, “We're taking out the feasibles.”

The language change was approved 3-0.

In other council action, with no public comment offered, the council quickly voted 3-0 to approve a resolution proposing a temporary moratorium on SmartMeter installations in the city; letters to the state supporting the passage of AB 37, which would give consumers the chance to opt out of having the wireless devices; and a letter to the California Public Utilities Commission opposing Pacific Gas & Electric's opt-out proposal, which would charge customers more to turn off the radios within the devices.

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Acting Police Chief Brad Rasmussen said he and his agency were aware of the community's concerns about the allied Lake County law enforcement operation and “significant deployment of personnel” in response to the Vagos motorcycle gang meeting at the Clearlake Club in Lakeport on Saturday, May 14.

Rasmussen said he wanted to address those concerns as much as possible, and on Monday afternoon he began contacting business owners who were affected so they could address their issues with him directly.

According to Rasmussen, on Friday, May 13, Lakeport's Police's gang officer, Norm Taylor, received intelligence information regarding an organized meeting of the Vagos that was scheduled to occur in Lakeport on Saturday, May 14.

Rasmussen said Lakeport Police and its allied law enforcement agencies in Lake County have highly trained and dedicated staff who monitor and track organized criminal syndicates and street gangs.

“Based on our clear and verified intelligence we immediately began follow up investigation, incident response preparation and notifications to allied agencies in an effort to deal with a very serious and potentially violent and dangerous situation,” Rasmussen said.

In an effort to provide the highest level of public safety protection to the community's citizens, Rasmussen said Lakeport Police's management made tactical decisions that they believed were in the best interest of residents, businesses and visitors. He said they appreciated the allied agency chiefs and Sheriff Frank Rivero for their leadership and support in carrying out Lakeport Police's tactical decisions.

Rasmussen said that during the ongoing and rapidly evolving events on Saturday, law enforcement received credible reports that members of the Hells Angels, a rival of the Vagos, were in adjacent counties and moving in Lake County's direction.

He said that on April 16 Lakeport Police and the Lake County Sheriff's Office had responded to an incident in the city of Lakeport where a known member of the Vagos was involved in a confrontation with Hells Angels members or associates.

Rasmussen said a concern that's been raised among community members regarding the police response to the Vagos was the decision to close Lakeport’s Main Street between First and Fourth, and Second and Third streets between N. Forbes and Main streets.

“The Lakeport Police Department realizes that our decision to implement the street closure did have an impact on the many businesses as well as residents and visitors who intended to shop or move about in the area,” he said. “We do have sincere concern for the impact to these businesses that are such a vital part of our community.”

However, Rasmussen explained that law enforcement has to make quick tactical decisions that they believe are in the best interest of the entire community, adding, “We are not always able to provide prior notification to affected persons or businesses.”

“As the chief of police for the city of Lakeport, I believe that our decisions were in the best interest of the community and absolutely necessary for public safety,” he said.

Rasmussen said similar meetings of outlaw motorcycle gangs in other communities in the United States have resulted in very violent encounters between rival groups.

As an example he cited incidents in the small community of Chino Valley, Ariz., where in August 2010 27 members of the Vagos and Hells Angels were arrested for serious felony crimes including attempted murder and participation in a criminal street gang.

The incident that led to the arrests was a shootout where at least 50 rounds were fired, Rasmussen said.

He said additional examples of these incidents can be found in other communities throughout the United States.

Rasmussen said the Lakeport Police Department and allied agencies mounted a significant response in order to deter any violent encounters, and they will continue to pool resources and conduct proactive law enforcement to keep gangs out of local communities.

“In addition, we will conduct internal reviews in an effort to continually improve our response to these situations,” he said.

Rasmussen thanked Lakeport Police staff who were involved in the operation, and also offered his sincere thanks to Rivero and the staff of the Lake County Sheriff’s Office, acting Clearlake Police Chief Craig Clausen and the staff of the Clearlake Police Department, Lt. Greg Baarts and the staff of the California Highway Patrol-Clearlake area, Superintendent William Salata and the staff of the California State Parks law enforcement division-Clearlake area sector, Lake County District Attorney Don Anderson and Chief Investigator Craig Woodworth and the staff of the Lake County District Attorney’s Office, Lieutenant Loren Freeman and the staff of the California Department of Fish and Game-Lake County area, Fire Chief Ken Wells and the staff of the Lakeport Fire Department, Public Works Director Doug Grider and the staff of the City of Lakeport-Department of Public Works and City Manager Margaret Silveira of the City of Lakeport for her support of law enforcement during this incident.

Rasmussen invited anyone with additional questions or concerns to contact him directly at 707-263-9650 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

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Sgt. Jason Ferguson said on Wednesday that two separate businesses on S. Main Street reported receiving the bills over the course of the two previous days.

He said the department also received information from an Umpqua Bank representative who reported both the Lakeport and Kelseyville branches received four counterfeit $100 bills from different businesses throughout Kelseyville and Lakeport.

The police department encouraged local businesses to become familiar with identifying counterfeit bills.

Police said the Secret Service Web at www.secretservice.gov/money_detect.shtml offers information about identifying counterfeit bills.

Community members with information about the bills or questions can contact the Lakeport Police Department at 707-263-5491.

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CLEARLAKE, Calif. – The Clearlake Police Department reported Tuesday morning on a series of events that led to a car crash that injured an officer, as well as the agency's investigation into a drive-by shooting.

The incidents in question happened late Monday night, according to Sgt. Rodd Joseph.

Joseph said that at about 10:40 p.m. Monday officers were dispatched to a report of threats and a violation of a court order in the 15800 block of 29th Ave.

The victim reported that a subject named Joshua Smith, 28, of Clearlake, had driven past her home in violation of a court order and had threatened her with a knife. Joseph said the woman described the vehicle Smith was last seen driving as a silver Honda.

He said officers arrived in the area and began looking for the suspect vehicle and for Smith, who is currently “Clearlake’s Most Wanted” fugitive due to outstanding felony warrants for his arrest. He is also a suspect in a recent home invasion robbery that occurred in Clearlake the previous week.

A uniformed Clearlake Police officer located a similar vehicle to the vehicle Smith was reportedly seen driving. Joseph said the officer noticed the vehicle was traveling at a high rate of speed away from the area.

The vehicle turned onto southbound Highway 53 from 18th Avenue and turned off its headlights while attempting to avoid the pursuing officer. Joseph said speeds reached approximately 100 miles per hour as the pursuit continued into Lower Lake.

He said a second Clearlake Police officer crashed his marked patrol car near the intersection of 18th Avenue and Phillips Avenue during the pursuit. The pursuing officer continued to pursue the fleeing vehicle onto Seigler Canyon Road from Highway 29.

The injured officer was transported to St. Helena Hospital Clearlake for injuries that were not life-threatening, Joseph said. The injured officer was treated and later released. The patrol car suffered major damage. This accident is under investigation by the California Highway Patrol.

At about 10:53 p.m. – only a few minutes into the pursuit – dispatch advised of a shooting that had just occurred in the 16200 block of 31st Avenue, Joseph said. The initial information was that multiple persons had been shot, with one person being shot in the head.

Due to the seriousness of the crime, the pursuit was discontinued and the pursuing officer responded to the scene of the shooting, Joseph said.

Prior to arriving on scene, dispatch stated the single shooting victim had already been transported to St. Helena Hospital Clearlake. Joseph said a Clearlake Police sergeant responded to the hospital and found a 16-year-old male suffering a single gunshot wound to his upper head.

Joseph said details of the shooting are not being released at this time however, the injury is not life-threatening and may be gang related.

Clearlake Police detectives were called out to take over the investigation and additional uniformed police officers were called out to assist in handling calls for service, according to Joseph.

He said it is believed that the shooting may be a “drive-by shooting” and that the suspect, or suspects, possibly fled in a vehicle after the shooting. It is not known if the suspect vehicle in the shooting is connected to the vehicle that was pursued onto Seigler Canyon Road. Both incidents are still under investigation.

Joseph said Lake County Sheriff’s deputies later located and recovered an abandoned vehicle in the 11700 block of Big Canyon Road. This abandoned vehicle is believed to be the same vehicle that officers had pursued onto Seigler Canyon Road.

The Clearlake Police Department is asking anyone with information on either of these incidents or any other crime, to please contact the police department at 707-994-8251. Callers may remain anonymous.

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The council will gather for a 5 p.m. workshop on the downtown improvement project before convening for the regular meeting at 6 p.m. Tuesday, May 17, in the council chambers at Lakeport City Hall, 225 Park St.

The full agenda and staff reports for the meeting can be downloaded at www.cityoflakeport.com/departments/docs.aspx?deptID=88&catID=102.

City Attorney Steve Brookes will present to the council a proposed resolution to impose a temporary moratorium on the installation of SmartMeters and related equipment “in, along, across, upon, under and over the public streets and other places within the city.”

The city's proposed action follows the adoption of similar moratoriums by the Lake County Board of Supervisors and the Clearlake City Council in March, as Lake County News has reported.

The wireless metering devices have become the focus of a growing grassroots movement that raises issues of health and safety, overbilling and personal rights.

Last month, council members voted to have staff bring back a moratorium proposal, although they acknowledged that the California Public Utilities Commission – which holds ultimate authority on the installations under the Public Utilities Code – hasn't supported such moratoriums and indicated that it won't.

Along with the moratorium, the council will consider adopting other measures also taken by the county and city of Clearlake, including a proposed resolution supporting the passage of AB 37, which would require the CPUC to offer customers an opt-out option, and letters to legislators and the governor supporting the bill.

Another items of concern in the city that the council will take up is the proposed design and placement of the new Lakeport courthouse, which will be built at 675 Lakeport Blvd.

Late last month, Supervisor Anthony Farrington went to the Board of Supervisors about his concerns over the early phases of design and placement, with the state preferring a “north scheme” that would have the building situated so that it would rise 10 feet above the Vista Point overlook, where the Lake County Chamber of Commerce is headquartered.

State officials have said the project is in its very early phases and both design and placement haven't yet been finally decided.

The council will consider directing staff to prepare a response to the Administrative Office of the Courts requesting that the agency take into consideration in its design and placement the Vista Point overlook's significance and potential impacts on residents and visitors of the new building obstructed the view.

The council also will consider adopting a resolution directing the Community Development Department and Lakeport Planning Commission to initiate action regarding an amendment to the

transportation element of the general plan related to the courthouse project with a view to adding it to the 2011 Community Development Department Work Program.

Also on the council agenda is the proposed approval of a memorandum of understanding between the Administrative Office of the Courts and the city of Lakeport regarding right-of-way access to the 675 Lakeport Blvd. site. As part of that action, council members would direct staff to continue to investigate the feasibility of a new street through the subject property.

Other items on the agenda include a presentation by new Lake County Public Works Director Scott De Leon – who for the last year has worked as Water Resources director – regarding summer activities on Clear Lake; the CALED PAS Report on the city of Lakeport; and the approval of the acquisition of the tax default lots at 410-420 Forest Drive, merging of the properties and entering into an agreement to donate the merged property to United Native Housing Development Corp. for development of an affordable housing unit.

In other business the council will consider a hiring freeze exemption to hire a new utilities operator; an application for Proposition 84 grant funding and hiring of a consultant; is expected to authorize the Lakeport Police Department to apply for the United States Department of Justice 2011 COPS hiring program grant for one officer position; and will hold a public hearing regarding adoption of revised CDBG Program income.

The council also will hold a closed session to discuss a case of anticipated litigation, the Green Ranch property negotiation and negotiations with the Lakeport Employees Association and Lakeport Police Officers Association.

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