
LAKE COUNTY, Calif. – The Lake County District Attorney’s Office has reached an agreement with the owner of the former Wisedas Resort in Clearlake to settle an environmental case arising from a second fire at the property last fall.
As a result of that agreement, District Attorney Don Anderson said that on Monday Edward Sherry Meyer Jr., the Wisedas property’s owner, entered a plea of no contest to one misdemeanor violation of continuously maintaining a public nuisance on his property and one misdemeanor violation of the Clean Water Act for negligently discharging fire ash, a pollutant, into Clear Lake on Oct. 14, 2016.
Anderson said Meyer was sentenced to three years’ probation and 150 hours of community service, and was ordered to complete full site remediation no later than Oct. 2.
Meyer also was ordered to pay a fine of $5,000 plus full restitution to the Lake County Fire Protection District in the amount of $15,256.16 for the district’s response costs for the most recent fire at the site in October 2016, Anderson said.
In addition, Meyer will pay $50,000 as a charitable donation to the county. Anderson will divide the donation amount up between several charities that he’s selected that work within the city of Clearlake to address issues involving homelessness, the environment and animal welfare.
“The District Attorney’s Office takes environmental crimes seriously, as well as its duty to protect valuable local natural resources such as Clear Lake,” said Anderson. “Any property owner who ignores directives from local and state agencies, as well as the District Attorney’s Office, to clean up their property, and subsequently causes significant environmental harm, will be prosecuted to the fullest extent of the law.”
Meyer told Lake County News that he reached the plea agreement with the District Attorney’s Office in order to finally resolve the case. “It’s just a bunch of nonsense,” he said.
He also said he is pursuing a wrongful prosecution action against Anderson and the deputy district attorney who handled the case, Rachel Monten.
“Eventually we’re going to move to vacate this agreement,” Meyer said.
Separate fires destroy former resort property
Meyer, a mediator and arbitrator who works in Hollywood, purchased the once-popular Clearlake resort, located at 14395 Lakeshore Drive, in August 2012.
In February 2013, the main building at the property was destroyed by a fire which officials determined was caused by arson. A Clearlake man was arrested and spent several months in jail before pleading no contest and receiving three years’ probation.
Later in 2013, Meyer had the remainder of the fire-damaged building removed, leaving behind an old two-story, 14-unit motel structure at the rear of the property.
Late on the night of Oct. 13, 2016, a fire broke out in that motel building, damaging about 30-percent of the structure, as Lake County News has reported. At the time of the fire, authorities had reported that there were squatters in the building.
The city red-tagged the building on the day after the fire, while at the same time District Attorney’s Office staff conducted a 3D scan of the property.
The fire resulted in a significant amount of burned timber and other materials going into Clear Lake on Oct. 14, the date for which Meyer was charged.
On Wednesday neither Meyer nor Anderson could say definitively what had caused the fire.
“I don’t think it was ever really determined,” said Anderson, adding that it was never provable that it was arson.
Anderson assigned prosecution of the environmental case against Meyer to Rachel Monten, who in addition to being a deputy district attorney in Lake County is an environmental circuit prosecutor with the Circuit Prosecutor Project at the California District Attorneys Association. Monten also has handled an environmental case involving the former Hoberg’s Resort in Cobb.
He said that circuit prosecutors, like Monten, bring specialized experience in prosecuting environmental and workplace safety crimes to rural counties in California that are often hard-pressed to allocate resources to prosecute these types of crimes, at no cost to the county.
Anderson said his office and the Circuit Prosecutor Project are dedicated to protecting Lake County’s natural resources, public health, and holding people accountable who harm the local environment.
Clearlake City Manager Greg Folsom welcomed the resolution of the case.
“The city recently adopted a strategic plan to improve the quality of life in Clearlake and the cleanup of this property will help achieve goal No. 1, make Clearlake a visibly cleaner city, and goal No. 4, improve the image of Clearlake,” Folsom said.
He added, “The former Wisedas Resort property has been a blight on the city of Clearlake for too long and the cleaning up of the property has made a huge impact on the Lakeshore Drive corridor visually. We appreciate the efforts of District Attorney Don Anderson and his staff in forcing the cleanup of this property.”
Meyer pursues claims against county
Meyer said he is pursuing a prosecutorial misconduct charge against Anderson and Monten for the handling of his case.
He said that on Monday, before his case went before the judge, he served notice of his intention to pursue the misconduct action to Monten. Additionally, he plans to report the case to the State Bar and petition the attorney general, and will seek to have his plea agreement nullified.
Meyer alleges that Anderson should have recused himself and his office from handling the case because he said Anderson gave him legal advice during a March 2013 meeting about the fire-damaged properties with local agencies. He also said that key pieces of discovery, like the 3D scan the District Attorney’s Office created the day after the fire, were not provided to him.
Meyer also has filed a tort claim with the county of Lake alleging defamation by Anderson in a Lake County News article from last year.
In the article, published on Oct. 14, Anderson stated that that the property had caught fire because it had not been properly cleaned up.
If the county’s third party claims administrator denies that claim, Meyer said he plans to file a lawsuit seeking to recover the amount of money the county required that he pay, along with punitive damages, which he estimated could run into the millions.
He said the case against him was “very vindictive,” adding, “It’s like they took a baseball bat to me.”
“This is not over,” said Meyer.
Anderson, however, dismissed Meyer’s claims.
“The only legal advice I gave him was that if he didn’t clean up his mess we were going to prosecute him,” Anderson said.
Anderson said he also had told Meyer he wasn’t giving him legal advice when he suggested at that meeting that Meyer consider pursuing bad faith insurance litigation against his insurance company.
He said his immunity in such cases doesn’t give Meyer much recourse.
“I have absolute immunity on prosecution issues and limited immunity on law enforcement issues,” Anderson said.
As for Meyer’s defamation claim regarding the October Lake County News article, Anderson said, “There’s nothing I said that’s not the truth, and the truth is always a defense to any libel or slander.”
Property status and future plans
Earlier this year, Meyer had the rest of the burned motel building demolished. He said that work was finished in March.
Meyer received a copy of a letter dated April 27 to Monten from Clearlake Building Inspector/Code Enforcement Supervisor Lee Lambert regarding the building’s demolition.
The letter, which Meyer shared with Lake County News, confirmed that the structure’s demolition had been completed and that the contractor, Wahlberg Inc. – which has done demolition contracts for the city – had submitted the required disposal documentation.
Lambert also stated in the letter that the demolition and other required work at the site had been completed to the city’s satisfaction.
The letter said that there still remained to be completed “construction, repairs or demolition” to the property’s seawall. However, that work cannot be completed at this time due to Clear Lake’s high water conditions, so the city has given Meyer an Oct. 2 deadline to finish that work.
Meyer said he plans to do rip rapping at the site. It’s not an expensive repair but the lake has to go down first, he said.
Outside of his fight with local officials, Meyer told Lake County News he still has plans for the property, with just over $2 million in insurance payments to fund a project.
He said his biggest dream for the land is to place a bass fishing museum there.
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.
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