- Lake County News Reports
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Wednesday, 26 February 2025
News
- Elizabeth Larson
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Middletown Area Town Hall to discuss projects, board nominations
MATH will meet at 7 p.m. Thursday, Nov. 8, at the Middletown Community Center, 21256 Washington St.
Meetings are open to the community, and offer the opportunity for additional public input on items not included on the agenda.
On the agenda is discussion of a future debate forum, a MATH Internet presence and new projects.
The group also will take nominations for the MATH Board.
The MATH Board includes Chair Joseph Sullivan, Vice Chair Courtney Van Leuven, Secretary Marlene Elder, at-large members Claude Brown and Lisa Kaplan.
MATH – established by resolution of the Lake County Board of Supervisors on Dec. 12, 2006 – is a municipal advisory council serving the residents of Anderson Springs, Cobb, Coyote Valley (including Hidden Valley Lake), Long Valley and Middletown.
Meetings are subject to videotaping.
For more information email This email address is being protected from spambots. You need JavaScript enabled to view it..
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.
- Elizabeth Larson
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Lakeport City Council to consider police vehicle purchase
The meeting will take place beginning at 6 p.m. Tuesday, Nov. 6, in the council chambers at Lakeport City Hall, 225 Park St.
Under council business, Police Chief Brad Rasmussen will ask the council to authorize the purchase of four fully equipped 2019 Dodge Charger police vehicles, using the lowest bidding vendors – Matt Mazzei of Lakeport, Precision Wireless and sole source MAV vendor Watch Guard.
The council also will consider authorizing City Manager Margaret Silveira to execute a professional services agreement with Foster Morrison Consulting for the development of the
hazard mitigation plan.
Also on Tuesday, the Lakeport Main Street Association will present its “Business of the Quarter” and “People’s Choice” awards to participants from the Taste of Lake County event.
On the consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – are ordinances; minutes of the council’s regular meeting on Oct. 16; the Oct. 29 warrant register; confirming the continuing existence of a local emergency in the city of Lakeport; receipt and filing of the draft minutes of the Measure Z Advisory Committee meeting on Oct. 17; and approve sending a letter in support of the relocation of the headquarters of the National Institute of Food and Agriculture and the Economic Research Service to Lake County, California, as proposed in an expression of interest submitted by the Lucerne Area Revitalization Association.
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.
110618 Lakeport City Council agenda packet by LakeCoNews on Scribd
- Lake County News reports
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CHP officer finds missing motorcyclist injured in crash
Officer Shawn Bertram of the Clear Lake Area office found the injured man, identified as Christopher Parlamento, officials said.
At 6:45 p.m. Monday the CHP’s Ukiah Communication Center received a call of a missing motorcycle rider.
Jeremey Piner called the dispatch center to report that he and Parlamento had been riding motorcycles together that day in Lake and Napa counties when, at some point along Butts Canyon Road, the two became separated, the CHP said.
The CHP said Piner had last seen his friend at approximately 4:15 p.m. Monday.
Concerned for his friend, Piner backtracked multiple times looking for Parlamento, but was unable to locate him, the CHP said. Not having cell phone reception, Piner continued on into Napa County. Once he had cell phone reception, he called the CHP for help on locating Parlamento.
The CHP Ukiah Communication Center immediately relayed the information to CHP units in the Clear Lake Area. Officer Bertram acknowledged the call and began searching for the missing motorcyclist, according to the CHP report.
Just before 7:30 p.m., Officer Bertram was on Butts Canyon Road, near the Napa County line, when he heard someone calling for help. The CHP said Officer Bertram located Parlamento, who had driven his motorcycle off the road and hit a tree stump.
As a result of the crash, Parlamento suffered major injuries. The CHP said Officer Bertram requested additional medical personnel to the scene for assistance.
A REACH air ambulance responded and transported Parlamento to Santa Rosa Memorial Hospital for treatment of his injuries, the CHP said.
“The California Highway Patrol is committed to providing the highest level of safety, service, and security to the people of California and today we were able to do just that. Though we are sympathetic towards Mr. Parlamento’s injuries, we are grateful to Mr. Piner for calling on us, and to Officer Bertram for doing what he always does, serving the Lake County communities by locating and ensuring Mr. Parlamento’s safety,” said CHP Clear Lake Area Commander Lt. Randy England.
- Elizabeth Larson
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Purrfect Pals: Tabbies and tuxedos
The following cats at the Lake County Animal Care and Control shelter have been cleared for adoption.
Female domestic short hair
This female domestic short hair cat has a gray tabby coat with white markings.
She already has been spayed.
She’s in kennel No. 10, ID No. 11204.
Male domestic long hair
This male domestic long hair kitten has a gray and white coat.
He already has been neutered.
He’s in kennel No. 11, ID No. 11330.
Male domestic long hair
This male domestic long hair cat has lynx point markings and blue eyes.
He already has been neutered.
He’s in kennel No. 43, ID No. 11226.
Female domestic short hair
This female domestic short hair has a gray tabby coat with white markings.
She is in kennel No. 47, ID No. 11309.
Female domestic short hair
This female domestic short hair has a gray tabby coat.
She has already been spayed.
She’s in kennel No. 63, ID No. 11166.
Female domestic short hair
This female domestic short hair has torbie markings and green eyes.
She is in kennel No. 75, ID No. 11331.
Male domestic short hair
This male domestic short hair kitten has a gray coat.
He has already been neutered.
He’s in kennel No. 117, ID No. 11107.
Female domestic short hair
This female domestic short hair has a brown tabby coat and green eyes.
She’s in kennel No. 140, ID No. 11225.
Tuxedo kitten
This female domestic medium hair kitten has a tuxedo coat and green eyes.
She’s in kennel No. 141a, ID No. 11263.
Tuxedo kitten
This female domestic short hair kitten has a tuxedo coat and green eyes.
She’s in kennel No. 141b, ID No. 11264.
Tuxedo kitten
This male domestic medium hair kitten has a tuxedo coat and green eyes.
He’s in kennel No. 141c, ID No. 11262.
Lake County Animal Care and Control is located at 4949 Helbush in Lakeport, next to the Hill Road Correctional Facility.
Office hours are Monday through Friday, 11 a.m. to 5 p.m., and 11 a.m. to 3 p.m., Saturday. The shelter is open from 11 a.m. to 4 p.m. Monday through Friday and on Saturday from 11 a.m. to 3 p.m.
Visit the shelter online at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control.htm.
For more information call Lake County Animal Care and Control at 707-263-0278.
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.
- Elizabeth Larson
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Helping Paws: Chihuahuas, retrievers and terriers
Dogs available for adoption this week include mixes of American Bulldog, Chihuahua, Labrador Retriever, McNab, miniature pinscher, Pekingese, pit bull, terrier and Shiba Inu.
Dogs that are adopted from Lake County Animal Care and Control are either neutered or spayed, microchipped and, if old enough, given a rabies shot and county license before being released to their new owner. License fees do not apply to residents of the cities of Lakeport or Clearlake.
If you're looking for a new companion, visit the shelter. There are many great pets hoping you'll choose them.
The following dogs at the Lake County Animal Care and Control shelter have been cleared for adoption (additional dogs on the animal control Web site not listed are still “on hold”).
‘Lucky’
“Lucky” appears to be a miniature pinscher mix.
He is a senior with a short black and brown coat.
He’s already been neutered.
Lucky is in kennel No. 4a, ID No. 11274.
‘Pookey’
“Pookey” is a male Pekingese-Chihuahua mix.
He already has been neutered and has a medium-length tan coat.
He’s in kennel No. 4b, ID No. 11273.
Male pit bull
This male pit bull has a short brindle coat.
He already has been neutered.
He’s in kennel No. 6, ID No. 11224.
‘Crow’
“Crow” is a male pit bull terrier with a short black and white coat.
He already has been neutered.
He’s in kennel No. 7, ID No. 11275.
Male Labrador Retriever
This male Labrador Retriever has a short black coat with white markings.
He’s in kennel No. 11, ID No. 11257.
Pit bull terrier
This female pit bull terrier has a short brown and white coat.
She already has been spayed.
She’s in kennel No. 13, ID No. 11320.
‘Zara’
“Zara” is a female pit bull-Chihuahua mix with a short brown and brindle coat.
She is in kennel No. 14, ID No. 11337.
Male Chihuahua
This male Chihuahua has a short tan and white coat.
He already has been neutered.
He’s in kennel No. 16a, ID No. 11321.
Female Labrador Retriever
This female Labrador Retriever has a medium-length black coat with white markings.
She already has been spayed.
She’s in kennel No. 18, ID No. 11239.
Shiba Inu mix
This female Shiba Inu mix has a short red and brown coat.
She already has been spayed.
She’s in kennel No. 19, ID No. 11198.
Male Labrador Retriever
This male Labrador Retriever has a medium-length tan and white coat.
He already has been neutered.
He’s in kennel No. 20, ID No. 11251.
Female pit bull terrier
This female pit bull terrier has a short brown coat.
She’s in kennel No. 22, ID No. 11192.
Female pit bull terrier
This female pit bull terrier has a short brown coat.
She already has been spayed.
She’s in kennel No. 23, ID No. 10226.
‘Saint’
“Saint” is a male American Bulldog-pit bull terrier mix.
He has a short blue and brindle coat.
He’s in kennel No. 24, ID No. 11236.
Male terrier-McNab
This male terrier-McNab mix has a short black coat.
He already has been neutered.
He’s in kennel No. 32, ID No. 11211.
Lake County Animal Care and Control is located at 4949 Helbush in Lakeport, next to the Hill Road Correctional Facility.
Office hours are Monday through Friday, 11 a.m. to 5 p.m., and 11 a.m. to 3 p.m., Saturday. The shelter is open from 11 a.m. to 4 p.m. Monday through Friday and on Saturday from 11 a.m. to 3 p.m.
Visit the shelter online at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control.htm.
For more information call Lake County Animal Care and Control at 707-263-0278.
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.
- Elizabeth Larson
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District attorney says deputy’s fatal shooting of armed man justified
District Attorney Don Anderson ruled Deputy Ben Moore’s killing of 35-year-old Jason Richard Sienze in Nice on Feb. 5 was justifiable homicide in the Monday report.
Anderson’s report said that Moore shot at Sienze 18 times. An autopsy two days after the shooting found that Sienze had been struck a total of seven times in the neck, chest, both arms and right thigh.
Late on the morning of Feb. 5, authorities received reports that a residence in Nice has been burglarized, and a vehicle and gun had been stolen.
During a series of 911 calls, a subject variously described as a “crazy dude” and a “crazy guy” who appeared to be under the influence of drug was in the area of Highway 20 in Nice and later in the 4300 block of Nice Road, running up and down the hill in a truck, pulling a gun on people, shooting and driving erratically, and at one point nearly hitting a man with the vehicle. Gunshots would be reported elsewhere in the area even after deputies arrived.
Just after noon, a man reported that Sienze broke into his house while the man’s wife was hiding there and took the keys to his 2006 Ford pickup. Minutes later, Moore reported seeing Sienze come out of the house and get into a white truck, which Sienze drove down a steep unpaved hill and onto Marin Road.
Sienze then began backing the truck up, going east on Marin Road. At that point Moore was behind the truck, and Moore said he could see Sienze pick up a pistol from the passenger seat and start to raise it toward him.
Moore told investigators, “In my head, he was still a threat, he was going to shoot me. He was still armed. He knew exactly where I was, and I think that he wanted to shoot me.”
Moore would ultimately shoot 18 rounds from his department-issued AR-15 rifle into the vehicle, which continued driving backwards eastbound on Marin before coming to a stop slightly off the road, the report said.
Anderson said no other law enforcement officer at the scene shot at Sienze during the incident.
When sheriff’s deputies and California Highway Patrol officers approached the vehicle, Sienze didn’t respond. They removed him from the vehicle and placed him on the ground. He was later pronounced dead at the scene.
Some of those interviewed about Sienze said he had been using methamphetamine, alcohol and bath salt, and that he had talked about “committing suicide by cop.” One man who knew him said Sienze was paranoid and asked for a gun. Another recounted Sienze getting on a roof, throwing rocks and making bizarre allegations.
Toxicology tests found that at the time of his death Sienze had a mixture of methamphetamine, amphetamine and marijuana in his system.
Anderson told Lake County News that the toxicology tests were negative for bath salts.
In his report, Anderson also offers legal analysis of Moore’s actions, finding that it met the legal tests for being justifiable homicide.
“Deputy Moore justifiably was in fear of his life as set forth by not only the facts of this incident but by the deputy’s admissions after the shooting. The deputy was aware that the suspect recently had shot a firearm in the immediate area, banished or threatened a citizen with a firearm and had just committed a home invasion robbery. Additionally, there were reports the suspect was acting strangely and possibly under the influence of a controlled substance,” Anderson wrote.
“Deputy Moore’s account of the incident is corroborated by the body camera, statements of other officer who witnesses the facts leading up to the shooting, his spontaneous statements immediately after the incident, the investigator’s reenactment and other physical evidence gathered at the scene, as set forth above. There was no evidence to dispute the accounts of the incident given by Deputy Moore,” Anderson continued.
The report concluded, “In this matter, it is the findings of the Lake County District Attorney's Office that the officer had justifiably shot Jason Richard Sienze in self-defense, defense of others and to prevent the escape of a violent and dangerous fleeing felon.”
Anderson’s full report is published below.
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.
LAKE COUNTY DISTRICT ATTORNEY’S FINAL REPORT
REGARDING OFFICER INVOLVED SHOOTING OF
JASON RICHARD SIENZE
INTRODUCTION
On February 5, 2018, Lake County Sheriff’s Deputy Ben Moore and other deputies, responded to several calls of a suspicious subject, home invasion and shots being fired in the Nice area of Lake County. While attempting to investigate the incident and neutralize the suspect, Deputy Moore shot the suspect, Jason Richard Sienze, several times as he was trying to flee the area. Jason Sienze was pronounced dead at the scene due to several gunshot rounds in his head, neck and torso.
It is the finding of this office that the killing of Jason Richard Sienze was justifiable homicide pursuant to California Penal Code Section 196 and 197.
PROCEDURES
Pursuant to the Lake County Law Enforcement Fatal Incident Protocol of 2016, the Lake County District Attorney Investigation Division conducted an independent investigation into the incident. Also, an internal investigation into the incident was conducted by the administration at the Lake County Sheriff’s Department.
The purpose of the District Attorney’s investigation is to determine the facts of the incident, if a crime has been committed and whether or not criminal charges should be filed against any individual involved.
This report and findings are conducted pursuant to California State law and the Lake County Law Enforcement Fatal Incident Protocol of 2016. Any finding by the District Attorney is for the sole purpose of criminal charging, using a beyond a reasonable doubt burden of proof.
FACTS
At the time of his death, Jason Richard Sienze was 35 years old and last known address was 9355 Chippewa Trail, Kelseyville, CA. Jason Richard Sienze's had a lengthy criminal history includes the following events:
1) June 2003, arrested for assault with a deadly weapon.
2) January 2004, arrested for battery and trespassing.
3) March 2009, arrested for trespassing.
4) June 2009, arrested for vandalism.
5) July 2009, arrested for giving false information to a peace officer and burglary, sentenced to two years in prison.
6) August 2009, arrested for trespassing.
7) November 2009, arrested for burglary, resisting arrest and assault with a deadly weapon.
8) February 2010, sentenced to two years in prison for receiving stolen property.
9) December 2010, arrested for vandalism.
10) December 2013, arrested for driving under the influence of alcohol.
11) May 2014, arrested for driving under the influence of alcohol.
12) February 2013, arrested for possession of marijuana and driving in excessive of 100 miles per hour.
13) September 2014, arrested for possession of marijuana for sale.
14) December 2016, arrested for probation violation.
At the time of the incident Jason Sienze was married to Crystal Kemp. Ms. Kemp had separated from Jason Sienze about three to four months prior to the incident due to his drug usage. She said that he frequently used methamphetamine, alcohol and bath salt. She said he would “flip out” when using bath salt. She states that at the time of the incident Jason Sienze was having a bad time because his two brothers were alleged to have been killed by police around this time of the year. She said that at the time of the incident Jason Sienze was in a romantic relationship with Patricia Weissensee.
Patrick Kelly said he had known Jason Sienze for a couple of months when he was dating Judy Thompson. He had heard that Jason Sienze was talking about committing suicide by cop.
Ken Meyers said that Jason Sienze had been acting strange, making weird comments and making allegations that Meyers was working with the cops. He described Jason Sienze as paranoid and said Sienze asked him for a gun.
Jason Strickler said he had been renting a room to Jason Sienze. A few days before the incident Jason Sienze was acting bizarre and saying things like there was a hit out on him and there was a chem trails that left nanomites that allowed Sission to talk to the government.
Elisa Patterson, Jason Sienze ex-girlfriend said the prior to the incident Jason Sienze was acting strange and getting into meaningless arguments.
Cyle Carroll described Jason Sienze as upset and acting very strange. He said Jason Sienze was using methamphetamines and bath salts. At one time Jason Sienze was on the roof throwing rocks and accusing Carroll of having sex with part of Kemp’s corpse while bears were eating other parts of the corpse.
Below is a summary of the chronological order of the events leading to the shooting on February 5, 2018 as reported to 911 dispatch and later interviews:
Gerardo Godinez reports a person on E. Highway 20 acting suspicious wanting a vehicle and some money.
Simon Jaliece reports a burglary to his residence, the suspect stole a gun and his vehicle.
11:38:07, Matt Jusbczak reported a suspicious person in the area in the area of Highway 20, Nice, under the influence of drugs and wanting money. The person also says he is worried about doing life in prison.
11:38:09, a female reports a person walking around the property, talking to himself and snooping around the property. It appears he is under the influence.
11:47:13, A hysterical female reported she needs help with a “crazy dude” at 4323 Nice Road, Nice.
11:53:51, Edward Jones reported a “crazy guy” running up and down the hill in a truck. The person pulled a gun on him. Jones reports hearing a shot fired and seeing the man again with the gun. Jones later told officers the suspect was driving erratically through a yard and he presumed the driver was driving through the neighbor’s yard. He walked towards the vehicle which was north on Nice Road. He said the vehicle drove full blast him. He jumped out of the way before the vehicle hit him. The vehicle stopped and the driver opened the door and brandished a firearm at him. Jones said he retreated to his own residence to get his own gun.
11:54:09, Undersheriff Macedo arrives in the area.
11:57:54, Edward Jones reports hearing a couple of more shots down the hill.
11:59:48, a female party reports her Hispanic neighbor was in a verbal fight with the responsible in Spanish and she heard gunshots.
12:00:36, Deputies Moore and Hockett arrive in the area.
12:01:00, Deputy Hockett reports still hearing shots being fired.
12:03:00, Deputy Moore reports near the water tower and another shot is fired.
12:04:19, Jose Franco reports having his wife on the phone who is telling him she is inside the home with the door locked and shots are being fired in the area. Franco then reports the man is now in the house. Later Jose Franco and his wife told officers the suspect broke into the house while the wife hid inside. The suspect stole his car keys from inside the house and took his 2006 Ford pick-up.
12:08:02, Deputy Moore reports the suspect came out of the house and is getting into a white truck.
12:09:30, Deputy Moore reports the suspect is stuck but still trying to go down the hill.
Deputy Moore sees the vehicle drive down the steep unpaved hill and onto Marin Road. The vehicle starts to go west bound, but stops and puts the truck in reverse. The vehicle proceeds backwards going east on Marin Road.
12:11:06, Deputy Moore reports he has eyes on him, he is putting the truck in reverse and that he is behind the truck
12:11:30, Deputy Moore reports shots fired.
Deputy Moore shoots a total of 18 rounds from his department issues AR15 into the vehicle. Several rounds hit Jason Sienze. The truck continues driving backwards eastbound on Marin. The vehicle comes to a stop slightly off the road.
Lake County Deputies and Highway Patrol Officers approach the vehicle. When Sienze does not respond they approach the vehicle and remove him. Jason Sienze is placed on the ground where he is later pronounced dead.
INVESTIGATION
The following investigation was conducted by investigators from the Lake County District Attorney’s Office:
The investigation of an officer involved shooting, the importance is not necessarily what had occurred, but what is seen, heard, perceived or believed by the officer doing the shooting. In this investigation Deputy Moore was wearing a body camera which captured most of the event that occurred as seen by Deputy Moore. The video is of good quality; however, at the time of the actual shots being fired into the vehicle the quality of the film as very clear. This is due mainly because the body camera was focusing on different objects like tree limbs rather than inside the suspect vehicle.
Deputy Moore was interviewed by District Attorney Investigators and gave the following account of the events: Deputy Moore and Hockett were on a call at the Pomo Pumps between Nice and Lucerne. They cleared from that detail and responded to a report of suspicious person walking on a side street in Nice. While responding they received a call about a guy banishing a gun and getting into an argument on Nice Road. They then received information there was a shot fired in the area.
While compiling information Deputy Moore hears a shot being fired and identified it as close and outdoors. Deputy Moore received information that a gunman had forced his way inside of a neighboring house.
While maneuvering into position Deputy Moore sees a guy matching the suspect’s description come out of the residence and assumed he was the gunman. A white pickup started up and backed out of a steep driveway. The truck drove down a steep hill onto Marin Road and turned right, west bound.
The truck then went into reverse and started driving backwards toward Deputy Moore. Deputy Moore went to an area what had small trees to wait for the truck to pass by. The truck stopped to the right of him, then started backing up again. Deputy Moore was positioned above the truck on the embankment and had vision in the cab and was able to view the cab area.
Deputy Moore said he could see the pistol on the passenger seat. Deputy Moore said the suspect picked up the gun and starts to raise it. Deputy Moore at this time thinks “I’m going to get shot”. Deputy Moore starts to shoot his AR15 rifle into the cab of the truck. He continued to shoot a total of 18 times until he thinks the suspect was not a threat. The truck continued east down Marin until it went off the road into a berm.
Deputy Moore explained “He reached down, he picked up the weapon. He started picking it up towards me.” He said the suspect was turning and facing him while in the vehicle. Deputy Moore also said “In my head, he was still a threat, he was going to shoot me. He was still armed. He knew exactly where I was, and I think that he wanted to shoot me.”
Deputy Moore’s blood was drawn and tested by the California Department of Justice. The results were 0.000 percent alcohol.
The District Attorney’s Office first tried to enhance the body camera video with its own video enhancement equipment; however, was not successful. The video was then sent to the F.B.I. who was unable to make the video clearer. The video was then sent to Stutchman Forensic Laboratory in Napa with slightly better results.
Investigators from the District Attorney’s Office used the Faro 3D Laser scanner of the immediate area of the shooting. It was determined that from the point of the vehicle at the time of the shooting Deputy Moore was a distance of 14.1120 feet away. He was at a point 7.7757 feet vertical and 11.7767 horizontal from the vehicle. After the shooting the suspect vehicle travelled a distance of 82.5003 feet before stopping.
Investigators of the District Attorney’s Office conducted a reenactment of the shooting using a similar pickup truck. From the reenactment it is clear that Deputy Moore from his position could clearly see inside the vehicle and would have been able to see the suspect’s firearm as the deputy described.
The suspect vehicle was processed by the California Department of Justice Laboratory. There was a total of 18 shots fired by Deputy Moore. Six shots entered through the passenger side window. Twelve shots entered through the front windshield. DOJ criminalist selected six bullet strikes that showed sufficient alignment to document trajectory. Two of the selected six appeared to have originated through the broken front passenger window and through the infant car seat behind the driver’s seat. The remaining four selected bullet strikes traveled through the front windshield and the top of the dashboard.
Located inside the vehicle was a Czech Model X54 7.62 pistol #D05679. The pistol’s hammer was locked back in the cocked position and the safety mechanism was off. There was one unexpected cartridge in the chamber and one in the magazine. The pistol has the capacity to hold seven rounds. Therefore, if fully loaded and the suspect did not reload he could have fired 5 to 6 rounds.
Deputy Moore’s account of the incident is corroborated by body camera footage that clearly has Deputy Moore telling other officers approaching the vehicle immediately after the shooting “Hey, shot fired. He has a gun, he has a pistol.” Moments later Deputy Moore stated “He’s got a pistol in his right hand.”
On February 7, 2018 an autopsy was performed on Jason Richard Sienze, by Bennet I. Omalu. Dr. Omalu noted the following injuries:
1) Gunshot wound of the head and neck
2) Gunshot wound to the neck
3) Gunshot wound to the trunk left chest
4) Gunshot wound to the trunk left chest.
5) Gunshot wound to the extremities right arm
6) Gunshot wound to the extremities left forearm
7) Gunshot wound to the extremities right thigh
Dr. Omalu determined the cause of death to be “Gunshot Wounds of Head, Neck and Trunk.”
Central Valley Toxicology analyzed the blood sample of Jason Richard Sienze and found the following:
1) d-Methamphetamine = 0.56 mg/L
2) d-Amphetamine = 0.14 mg/L
3) delta-9-THC =5.9 ng/mL
4) delta-9-THC-COOH = 32 ng/mL
5) delta-9-THC-OH = 1.8 ng/mL
LEGAL ISSUES
In this particular case, four separate legal issues have to be analyzed:
1) Was the deputy justified in his initial shooting through the side window of six shots on an issue of self-defense?
2) Was the deputy justified in his shooting 12 shots through the windshield on the issue of self-defense?
3) Was the deputy justified in the shooting of 12 shots through the front windshield under the theory of fleeing felon?
4) Was the deputy justified in shooting a total of 18 rounds?
LEGAL ANALYSIS
The relevant California statutory and case law regarding this matter is set forth below.
1) Was the deputy justified in his initial shooting through the side window of six shots on an issue of self-defense?
California Penal Code Section 197 states in part:
“Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,…
2. When necessarily committed in defense of habitation, property, or person against one who manifestly intends or endeavors, by violence or surprise, to commit a felony in a violent, riotous, or tumultuous manner…
3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,…”
The test for determining justifiable homicide is apparent necessity, i.e., an honest and reasonable belief in the apparent peril and the need for self-defense is enough. The means used, whether deadly or nondeadly force, must be reasonable under the circumstances. In People v. Sonier (1952) 113 Cal.App.2d 277, 278 the court held “The justification of self-defense requires a double showing: that defendant was actually in fear of his life or serious bodily injury and that the conduct of the other party was such as to produce that state of mind in a reasonable person.”
California Penal Code Section 196 (Justifiable homicide by public officers) states:
“Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either—
1. In obedience to any judgment of a competent court; or,
2. When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty; or,
3. When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest.”
In Munoz v. City of Union City (2004) 120 Cal.App.4th 1077, 1102, the court said officers “may use reasonable force to make an arrest, prevent escape or overcome resistance, and need not desist in the face of resistance.” “Unlike private citizens, police officers act under color of law to protect the public interest. They are charged with acting affirmatively and using force as part of their duties, because “the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to affect it.” Munoz, supra at p. 1109. “‘[Police officers] are, in short, not similarly situated to the ordinary battery defendant and need not be treated the [17] same. In these cases, then, “… the defendant police officer is in the exercise of the privilege of protecting the public peace and order [and] he is entitled to the even greater use of force than might be in the same circumstances required for self-defense.
In California, "a police officer who kills someone has committed a justifiable homicide if the homicide was 'necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty.'" The test for whether homicide was justifiable is "whether the circumstances 'reasonably create[d] a fear of death or serious bodily harm to the officer or to another.'" Kortum v. Alkire (1977) 69 Cal.App.3d 325, 333.
The court held “The test for determining whether a homicide was justifiable under Penal Code section 196 is whether the circumstances ‘reasonably create[d] a fear of death or serious bodily harm to the officer or to another.” Munoz v. City of Union City supra at p. 340 and Brown v. Ransweiler, 171 Cal. App. 4th 516, 533.
In Thompson v. County of Los Angeles (2006) 142 Cal.App.4th 154, 165 the court held that "Courts must apply the reasonableness standard objectively, viewing the facts from the perspective of the officer at the time of the incident and not with the benefit of hindsight. Graham v. Connor (1989) 490 U.S. 386, 394 and Martinez v. County of Los Angeles supra at p.343.
In this matter, Deputy Moore was on duty and acting in his official peace officer capacities when he was dispatched to investigate a suspicious person, an argument between two people and shots fired. Prior to the shooting the officer learned that the suspect entered into an occupied residence, assuming while he was still armed.
Deputy Moore took a position to observe the vehicle drive by. As the vehicle drove by he observed Jason Richard Sienze pick up a pistol and level it at the deputy. The distance between the suspect and Deputy Moore was approximately 14 feet; therefore, the suspect was relatively close to the officer.
Deputy Moore justifiably was in fear of his life as set forth by not only the facts of this incident but by the deputy’s admissions after the shooting. The deputy was aware that the suspect recently had shot a firearm in the immediate area, banished or threatened a citizen with a firearm and had just committed a home invasion robbery. Additionally, there were reports the suspect was acting strangely and possibly under the influence of a controlled substance.
Deputy Moore’s account of the incident is corroborated by the body camera, statements of other officer who witnesses the facts leading up to the shooting, his spontaneous statements immediately after the incident, the investigator’s reenactment and other physical evidence gathered at the scene, as set forth above. There was no evidence to dispute the accounts of the incident given by Deputy Moore.
From the facts of this case, it is my determination that officer was acting in self-defense.
2) Was the deputy justified in his shooting 12 shots through the windshield on the issue of self-defense?
From the evidence it could be argued that once the vehicle passed by the deputy’s line of fire far enough so that the suspect could not have shot through the open window, the deputy’s own life was no longer in immediate jeopardy. The suspect would have to shoot from inside the cab, through the windshield to hit the deputy on the embankment.
However, from the facts as related above, we must look at the state of mind of the deputy and was that state of mind reasonable? The total time from the first shot to the last shot was about 8 seconds, only about five seconds was shooting into the windshield. There was not sufficient time for the officer to reflect or think about the precise danger he may have been in. During this entire time the deputy was genuinely was in fear of his life, and from the evidence that fear appeared to be reasonable.
Additionally, the deputy knew there were other officer’s approaching on foot with little or no cover. As well as the suspect’s activities stated above, the suspect had just pointed a gun at him. Therefore, the deputy was justified in his shooting for the defense of his fellow officers.
In addition to the wording of Penal Code Section 196 and 197 above case law, an officer may shoot at a suspect to prevent imminent harm to private citizens or other officers, which is a situation this deputy faced.
From the facts above, the deputy was legally justified in shooting through the windshield in his own defense and the defense of the other officers.
3) Was the deputy justified in the shooting of 12 shots through the front windshield under the theory of fleeing felon?
The use of deadly force must be justified by the circumstances known to the officer involved at that exact moment in time. Under the current rule deadly force used against a fleeing suspect may only be used if the suspect possess an immediate deadly threat to others or if he is not caught there is a strong likelihood would kill another person.
Until 1985 the common law rule in most states was that police could shoot to prevent the escape of a fleeing felon. Then in 1985 the United States Supreme Court held in Tennessee v. Gardner (1985) 471 U.S. 1, that limited shooting to prevent a fleeing felon, to a situation where the escape would present an immediate grave danger to the public.
In this matter, the deputy was aware of the violent conduct of the suspect. The suspect had banished a firearm at another person, committed a home invasion robbery while a female was locked inside in another room, had moments before shot a firearm several times in the immediate area and had pointed a gun at the deputy seconds before the shooting.
Therefore, it is my finding that Jason Richard Sienze was a violent and dangerous person, and that he posed an immediate threat to public safety. Deputy Moore was justified in shooting Jason Richard Sienze through the windshield to prevent the escape of a dangerous fleeing felon.
4) Was the deputy justified in shooting a total of 18 rounds?
The leading Federal case on this issue Plumhoff v. Richard (2014) 134 S, CT, 2012, 2022, which has very similar facts as this case. In that case, the driver of a vehicle was involved in a high speed chase with police officer. The driving pattern of the driver was reckless and a danger to the public safety. The officers eventually fired three shots through the side window. As the vehicle continued to flee the scene the officer shot an additional 12 rounds into the vehicle. The driver and passenger were both killed.
The United States Supreme Court stated “It stands to reason that, if police officers are justified in firing at a suspect in order to end a severe threat to public safety, the officers need not stop shooting until the threat has ended. As petitioners noted below, “if lethal force is justified, officers are taught to keep shooting until the threat is over... Here, during the 10-second span when all the shots were fired, Rickard never abandoned his attempt to flee. Indeed, even after all the shots had been fired, he managed to drive away and to continue driving until he crashed.”
The Supreme Court in essence ruled the firing into the vehicle was reasonable and that under the circumstances the firing of a total of 15 rounds was not excessive.
Therefore, Deputy Moore shooting a total of 18 rounds was justified in that the threat to the public and officers continued to exist during the duration of the shooting.
FINDINGS
In this matter, it is the findings of the Lake County District Attorney's Office that the officer had justifiably shot Jason Richard Sienze in self-defense, defense of others and to prevent the escape of a violent and dangerous fleeing felon. It is therefore my finding that the taking of Jason Richard Sienze’s life was justifiable homicide pursuant Penal Code Sections 196 and 197.
________________________________
Don A. Anderson
Lake County District Attorney
- Elizabeth Larson
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New report outlines how PG&E handled October public safety power shutoff
The company’s 21-page report on the public safety power shutoff to the California Public Utilities Co., dated Oct. 31, was released publicly the same day. The full report is posted below.
“Ultimately, the decision to shut off power was made for one reason – to keep our communities and customers safe and help reduce the risk of wildfires,” PG&E said in its report.
The company currently is being sued by a number of local governments impacted by the October 2017 wildland fires. The Lake County Board of Supervisors and the Clearlake City Council have both voted to join litigation against the company over the Sulphur fire, as Lake County News has reported.
PG&E’s first-ever public safety power shutoff occurred from Oct. 14 to 17. It said an estimated 60,000 customers in the North Bay and Sierra Foothills were impacted.
In Lake County the shutoff resulted in the closure of the Kelseyville, Konocti, Lakeport and Middletown school districts, the Lake County Office of Education’s Clearlake Creativity and Hance Schools, and the Lake County Campus of Woodland Community College in Clearlake. The Lucerne and Upper Lake school districts stayed in session as the shutoff did not impact those communities.
Lake County News received reports from community members in the shutoff areas raising concerns due to their need for medical equipment and devices such as CPAP machines.
“The impact of this was pretty significant,” said Lake County Sheriff Brian Martin, who was critical of PG&E’s efforts at notifying local officials and providing accurate and consistent information.
Initiating the shutoff
In the report, PG&E stated that it made “the difficult decision to proactively de-energize portions of its service territory,” adding that the decision was “in the interest of public safety” and in accordance with CPUC Resolution ESRB-8, passed by the CPUC in July.
That resolution provided guidelines that electric utilities must follow and strengthened public safety requirements when a utility decides to de-energize its facilities during dangerous conditions.
The CPUC resolution also requires PG&E and other utilities to meet with the local communities that may be impacted by a future de-energization event before putting the practice in effect in a particular area, and requires customer notifications prior to a de-energization event, if feasible.
“This decision did not come easily, was not made lightly, and was exercised as an option of last resort,” the PG&E report said of the shutoff.
The report said that PG&E activated its Emergency Operations Center on Saturday, Oct. 13, in response to weather conditions with increasing fire risk conditions, including forecasted high winds and extremely low humidity. The company said it also communicated with 97,000 customers across 12 counties where the forecasted weather and wildfire potential indicated high likelihood of impacts to the company’s equipment and facilities.
“Ultimately, PG&E made the decision to temporarily turn off power for customer safety to about 60,000 customers in seven counties. Power was turned off for safety on Sunday, October 14, beginning at approximately 20:00 in the North Bay, followed later that evening in the Sierra Foothills. A PSPS event was determined to be unnecessary for the remaining approximately 37,000 customers who also had been notified of the possibility of a PSPS event on Saturday, October 13,” the report said.
As to the number of Lake County residents actually impacted, an approximate estimate has so far not been given.
PG&E had previously estimated that 12,000 customers were impacted by the shutoff.
In response to questions about that number from Lake County News, PG&E spokeswoman Deanna Contreras said Saturday that she confirmed that approximately 12,136 meters – or residential and business accounts – were impacted by the shutoff in Lake County.
“Some of those meters are what’s called a master meter and one meter would serve a trailer park, for example. Those residents pay the landlord, manager or owner directly. And they most likely would not have individual accounts, so PG&E would not be able to identify them,” Contreras said.
Of those 12,136 customers on those impacted Lake County circuits, there were 10,183 residential customers; 1,116 commercial customers; 520 customers on “medical baseline,” a financial assistance program for residential customers that have special energy needs due to certain qualifying medical conditions; and 837 reported as “other.” A small portion of that overall total may also include Napa County, as one of the Middletown circuits also serves the Calistoga area.
PG&E reported that there also were 19 schools, 19 health care facilities – including hospitals – and 80 water agencies in Lake County that were in the shutoff area.
Brian Bottari, a PG&E spokesman, told the Board of Supervisors in October that he estimated Lake County had meters numbering in the “high 20,000s.”
The process of restoring power
PG&E’s report said that overnight Sunday, Oct. 14, and into the morning of Monday, Oct. 15, portions of the North Bay region experienced wind gusts of approximately 50 miles per hour. In the Sierra, wind gusts of up to approximately 45 miles per hour, with 120 mile-per-hour gusts recorded at the Kirkwood Ski Resort in the Sierra.
On Monday, Oct. 15, once conditions had improved and were safe, PG&E crews began to inspect more than 3,400 miles of PG&E transmission and distribution power lines.
Contreras said that crews first inspected substations before the thousands of miles of transmission line were inspected via helicopters, vehicles and on foot. The crews looked for potential damage to the line, poles and towers, and once they were determined safe to operate, the infrastructure was tested.
The inspections revealed wind-related damage to PG&E equipment, including 18 damaged spans of conductor, five 5 damaged cross-arms, three damaged insulators, two damaged fuses, one damaged transformer and one damaged pole, all of which were repaired prior to the lines being reenergized, according to PG&E’s report.
In response to inquiries from Lake County News, PG&E has not so far identified any locations in Lake County where damage was found.
However, the report showed pictures of damaged equipment including a cross arm and conductor damaged by a split tree in Foresthill in Placer County and a primary conductor damaged by a fallen tree limb near Calistoga in Sonoma County.
The report explained that, by midnight on Monday, Oct. 15, power to approximately 40,000 customers had been safely restored. By 11 p.m. Tuesday, Oct. 16, nearly all customers were restored, with the remaining three dozen customers having their power restored by 9 a.m. Wednesday, Oct. 17.
As of Oct. 24, PG&E reported that it has received 146 claims for damages due to the shutoff. Those include 25 for business interruption/ economic impact, 17 for property damage; two for property damage with business interruption/ economic impact, and 102 food loss. however, the company sait it has “stated publicly that because of the safety-related nature of PSPS events, customers will not be reimbursed for associated losses.”
Sheriff Martin said there were widespread reports of businesses and individuals losing food and, as a result, suffering financial loss, noting that the impact was far wider than just the immediate customers whose power was turned off.
Evaluating the shutoff
Once all customers had power restored, PG&E said began a five-day evaluation process to look at what could be improved. It also participated in public meetings.
One of those meetings was with the Lake County Board of Supervisors on Oct. 16, during which county officials voiced their concerns about how the shutoff was handled, including a dearth of clear communication or issues with conflicting information, as Lake County News has reported.
The PG&E report to the CPUC said the company notified a number of local leaders directly about the shutoff: County Administrative Officer Carol Huchingson, Lake County Fire Chief Willie Sapeta, Sheriff Martin, Supervisor Jim Steele, Supervisor Moke Simon, Supervisor Rob Brown, Congressman Mike Thompson’s district aide Brad Onorato, Lake County Office of Emergency Services Manager Dale Carnathan, District 2 county supervisor-elect and Clearlake Mayor Bruno Sabatier, and Lakeport City Manager Margaret Silveira.
An after action meeting involving local officials and PG&E took place at the Lake County Fairgrounds in Lakeport on Oct. 25. The meeting was not open to the press.
Later that same day, Clearlake City Manager Greg Folsom told the Clearlake City Council that he and Clearlake Police Chief Andrew White attended the meeting, which he called “constructive,” and looked at ways to better handle such a shutdown if it should happen again.
Sheriff Martin, who had faulted PG&E for its mixed communications and lack of consistency in its information, told Lake County News in a Friday interview that PG&E representatives at the Oct. 25 meeting “were pretty receptive to some of our suggestions.”
He said the meeting covered ways to improve outreach and looked at impact. Among those in attendance were representatives Martin and Huchingson, Lake County OES, the cities of Clearlake and Lakeport, Lakeport Unified School District, the Lake County Office of Education, Red Cross, Clearlake Police, Lakeport Police the California Highway Patrol, Lake County Fire, Lake County Public Health, local dialysis clinics and the Lake County Chamber of Commerce.
“I was appreciative that PG&E showed up and explained it,” Martin said.
Martin said county officials also told PG&E that it was creating a situation that has an impact on public resources and so the company may need to contribute financially to cover that.
As for his conclusion about the effectiveness of the shutoff, Martin isn’t sure.
“Did it prevent a fire? Who knows?” he said.
However, PG&E’s report on the shutoff said it continues to view the public safety power shutoff as “a tool of last resort” in its overall wildfire mitigation strategy.
“Knowing the potential impacts of this safety measure on our customers and communities, PG&E views this as an extreme measure that should be taken with great care and will continue to learn from the use of PSPS to develop and implement improvements,” the report stated.
Contreras said PG&E plans to focus on notifying customers earlier, providing local officials and first responders with more detailed information, notifying communities of estimated time of restoration more, and improving the processes to reduce restoration times.
Below is a list of the circuits impacting Lake County and how they were impacted by the public safety power shutoff, according to the PG&E report to the CPUC.
IMPACTED LAKE COUNTY CIRCUITS
CLEAR LAKE-1101
Tiers: Tier 2, Tier 3
Start date and time: 10/14/18 at 20:30
Restoration date and time: 10/15/2018 at 16:13
Areas impacted: Kelseyville, Lakeport, Finley
Number of customers impacted: 491 (residential, 300; commercial, 98; medical baseline, 9; other, 93)
HIGHLANDS-1102
Tiers: Tier 2, Tier 3
Start date and time: 10/14/18 at 20:40
Restoration date and time: 10/16/2018 at 18:21
Areas impacted: Clearlake Oaks
Number of customers impacted: 25 (residential, 15; commercial, 15; medical baseline, 0; other, 3)
KONOCTI-1102
Tiers: Tier 2, Tier 3
Start date and time: 10/14/18 at 20:28
Restoration date and time: 10/16/2018 at 12:58
Areas impacted: Cobb, Kelseyville, Lower Lake, Middletown
Number of customers impacted: 2,800 (residential, 2,322; commercial, 283; medical baseline, 91; other, 195)
MIDDLETOWN-1101
Tiers: Tier 2, Tier 3
Start date and time: 10/14/18 at 20:39
Restoration date and time: 10/16/2018 at 15:40
Areas impacted: Calistoga, Cobb, Kelseyville, Middletown
Number of customers impacted: 1,999 (residential, 1,565; commercial, 274; medical baseline, 58; other, 160)
MIDDLETOWN-1102
Tiers: Tier 2, Tier 3
Start date and time: 10/14/18 at 20:39
Restoration date and time: 10/15/18 at 17:49
Areas impacted: Hidden Valley Lake, Middletown
Number of customers impacted: 2,342 (residential, 2,074; commercial, 199; medical baseline, 100; other, 69)
MIDDLETOWN-1103
Tiers: Tier 2, Tier 3
Start date and time: 10/14/18 at 20:39
Restoration date and time: 10/15/18 at 17:49
Areas impacted: Middletown
Number of customers impacted: 156 (residential, 96; commercial, 37; medical baseline, 3; other, 23)
REDBUD-1101
Tiers: Tier 2, Tier 3
Start date and time: 10/14/18 at 20:39
Restoration date and time: 10/15/18 at 17:50
Areas impacted: Clearlake Oaks
Number of customers impacted: 916 (residential, 780; commercial, 52; medical baseline, 48; other, 84)
REDBUD-1102
Tiers: Tier 2, Tier 3
Start date and time: 10/14/18 at 20:35
Restoration date and time: 10/15/18 at 17:53
Areas impacted: Clearlake, Clearlake Oaks, Clearlake Park
Number of customers impacted: 3,407 (residential, 3,031; commercial, 166; medical baseline, 211; other, 210)
KONOCTI MIDDLETOWN 60 kV LINE
Tiers: Tier 2, Tier 3
State date and time: 10/14/18 at 20:39
Restoration date and time: 10/15/2018 at 11:19
Areas impacted: Not applicable
Number of customers impacted: Not applicable
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.
103118 PG&E Public Safety Power Shutoff report to the CPUC by LakeCoNews on Scribd
- Lake County News reports
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County, state, federal agencies partner to protect Clear Lake following the Mendocino Complex
LAKE COUNTY, Calif.– Large scale wildfires drastically alter landscapes.
Hillsides stripped of trees and vegetation and scorched ground can increase erosion and runoff into adjacent waterways.
Phosphorus and nitrogen loading increases, and in some instances, heavy metals and organic chemicals can also make their way into streams and lakes.
These conditions can affect aquatic ecosystems by triggering algae and cyanobacteria (blue-green algae) blooms, increasing aquatic plant and weed growth, reducing oxygen levels and degrading fish spawning habitat.
Changes in sedimentation, metals and water clarity can also impact drinking water systems, requiring additional treatments and management.
Luckily for some areas of Lake County, the several small rain events that have already occurred provided enough moisture to promote some land-based plant growth, stabilizing slopes and helping to prevent erosion and runoff.
Protecting critical water resources in the aftermath of the largest wildfire event in modern California history, and minimizing its impact upon Clear Lake, requires a coordinated effort.
County officials reported that multiple agencies are managing and monitoring post-fire water quality, and recently formed partnerships will help our community prepare for the coming winter and eventual rain.
A number of post-fire water quality activities are under way.
The Lake County Water Resources Department and the local U.S. Department of Agriculture Natural Resource Conservation Services office will distribute wattles to landowners within the county. If you are interested in installing wattles please first contact NRCS District Conservationist Korinn Woodard at 707-262-7091.
Also plan to attend Wattle Distribution Day on Wednesday, Nov. 14, from 1 to 3 p.m. in the parking lot at the County Department of Agriculture, located at 889 Lakeport Blvd in Lakeport. Supplies are limited will be distributed on a first-come, first-served basis. Wattles have been generously donated by Sonoma County.
The Lake County Resource Conservation District, with assistance from Lake County Water Resources, is installing erosion controls in Manning Creek, Scotts Creek and Middle Creek. Funding for the project is provided by the U.S. Environmental Protection Agency and the State Water Resources Control Board under the Federal Nonpoint Source Pollution Control Program (Clean Water Act Section 319). Technical assistance is being provided by the California Regional Water Quality Control Board, Central Valley Region. If you have more questions about this effort, you can contact the Lake County RCD at 707-262-7089.
Lake County Water Resources is partnering with Big Valley Band of Pomo Indians to monitor nine stream sites in fire-impacted tributaries that connect to Clear Lake. Some of the parameters monitored will include oxygen, phosphorus, nitrogen, turbidity, suspended solids and heavy metals. Funding for laboratory analysis is being provided by the State Water Resources Control Board.
Lake County Water Resources also is working with Lake County Special Districts, several Clear Lake drinking water purveyors and the State Water Resources Control Board, Division of Drinking Water to communicate water quality conditions that might affect drinking water intakes and treatment during and after storm events.
Educational materials about erosion, landscape restoration, vegetation, and being storm ready are available on the Lake County Recovers Web page under the “Property Damage – Erosion Control and Vegetation” Tabs or at: http://recovery.lakecountyca.gov/Property/Erosion.htm.
If you have any questions or concerns about any of the above activities please contact the Water Resources Department, at This email address is being protected from spambots. You need JavaScript enabled to view it., or by phone, at 707-263-2344.
You can also find further information by visiting the Lake County Water Resources Web site, http://www.lakecountyca.gov/Government/Directory/WaterResources.htm or the Facebook page “Lake County Water Resources Department,” @lakecountywater.
- Elizabeth Larson
- Posted On
Clearlake City Council to consider changes to vendor rules and present honors to employees
The council will meet at 5:30 p.m. Thursday, Nov. 8, for a closed session to discuss the liability claim of Michael Pangelina and hold conference regarding a property purchase at 14130 Tuli Lane before the public portion of the meeting begins at 6 p.m. in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
The council will hold a first reading of an ordinance to amend Clearlake Municipal Code regarding sidewalk vendors and door-to-door sales.
Staff reported that the proposed changes will make the city’s rules come into compliance with new state law.
The council on Thursday also will hold a public hearing for the second reading and adoption of building code amendments to the Clearlake Municipal Code.
There also will be discussion of a Community Development Block Grant application, discussion and consideration of an agreement with Tyler Technologies for provision of InCode 10 software and related services to upgrade the city’s finance, payroll and purchasing systems, and consideration of a proposed agreement between the city and the county of Lake for collection of special taxes, assessments, fees, charges and abatements.
At Thursday’s meeting there also will be the swearing-in of a new police officer and dispatcher; presentation of certificates to five-, 15- and 20-year employees and city volunteers; presentation of a proclamation declaring November as Native American Month; presentation of certificates of appreciation to City Hall-oween contributors; and demonstration of the new Animal Control Department’s kennel tracking software.
On the consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – are warrant registers; consideration of continuation of a local emergency issued on Oct. 9, 2017, and ratified by council action Oct. 12, 2017; approval of professional services agreement with consortium of legal firms – Baron & Budd PC, Singleton Law Firm, Thorsnes Bartolotta McGuire, Dixon Diab & Chambers, and Terry Singleton Esq. – to represent the city in pursuing litigation arising from the Sulphur fire in October 2017; minutes of the Oct. 16 and 25 meetings; approval of letters of support of the Lake Area Planning Council applications for Caltrans Sustainable Communities; approve entering into contract with AT&T for fiberoptic Internet service; and approval of reclassification of salary ranges for maintenance workers and kennel technicians.
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.
- Elizabeth Larson
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Supervisors to discuss new rules to stop illegal dumping, address weed abatement
The board will meet beginning at 9 a.m. Tuesday, Nov. 6, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport.
The meeting can be watched live on Channel 8 and online at https://countyoflake.legistar.com/Calendar.aspx. Accompanying board documents, the agenda and archived board meeting videos also are available at that link.
In an untimed item, the board will discuss and consider a draft ordinance adding Division 3 to Chapter 9 establishing fines and penalties for the illegal disposal of garbage/refuse and creating an illegal dumping prevention program.
The illegal dumping program would seek to use lighting, surveillance cameras, educational materials, signage, continued abatement efforts “and the encouragement of community collaboration to prevent and respond to the threat to public health, safety and welfare resulting from said illegal dumping,” the proposed ordinance states.
All funds that would be used to support the program would come from collection of fines and penalties associated with the ordinance’s enforcement.
The ordinance also states that it’s the board’s intent to begin the initiation of mandatory garbage collection throughout the unincorporated areas of Lake County by presenting it to voters after Lake County Public Services devises a plan that’s approved by the board.
Also on Tuesday, in another untimed item, the board will discuss and consider a draft ordinance adding Article VIII to Chapter 13 of the Lake County Code regarding hazardous vegetation abatement.
That proposed ordinance sets out a procedure for getting compliance and dealing with unimproved parcels.
The full agenda follows.
CONTRACT CHANGE ORDERS
5.1: Continued from Oct. 23, consideration of Change Order No. 13 for Eastlake Elementary SRTS & CDBG Project, in Clearlake Oaks, CA, Bid No. 16-16, Federal Aid No. SRTSL-5914 (097) for an increase of $15,798.14, for a revised contract amount of $5,399,820.83, and authorize the Chair to sign.
5.2: Continued from Oct. 23, consideration of Change Order No. 14 for Eastlake Elementary SRTS & CDBG Project, in Clearlake Oaks, CA, Bid No. 16-16, Federal Aid No. SRTSL-5914 (097) for an increase of $30,982.79, for a revised contract amount of $5,430,803.62, and authorize the chair to sign.
5.3: Continued from Oct. 23, consideration of Change Order No. 15 for Eastlake Elementary SRTS & CDBG Project, in Clearlake Oaks, CA, Bid No. 16-16, Federal Aid No. SRTSL-5914 (097) for an increase of $43,390.86, for a revised contract amount of $5,474,194.48, and authorize the chair to sign.
5.4: Continued from Oct. 23, consideration of Change Order No. 16 for Eastlake Elementary SRTS & CDBG Project, in Clearlake Oaks, CA, Bid No. 16-16, Federal Aid No. SRTSL-5914 (097) for an increase of $35,650.45, for a revised contract amount of $5,509,844.93, and authorize the chair to sign.
5.5: Continued from Oct. 23, consideration of Change Order No. 17 for Eastlake Elementary SRTS & CDBG Project, in Clearlake Oaks, CA, Bid No. 16-16 Federal Aid No. SRTSL-5914 (097) for a decrease of $16,347.72, for a revised contract amount of $5,493,497.21, and authorize the chair to sign.
CONSENT AGENDA
6.1: Adopt proclamation commending Jill Shaul for her years of service to the county of Lake.
6.2: (a) Waive the consultant selection policy; (b) award the contract to conduct Lake County’s Comprehensive Classification and Total Compensation Study to CPS-HR, in the amount of $100,000 and authorize the county administrative officer to sign.
6.3: Adopt resolution approving Agreement No. 18-0250 with the state of California, Department of Food and Agriculture and authorizing the execution of the contractor certification clause and signatures for insect trapping activities for FY 2018-19.
6.4: Adopt resolution appointing directors of certain special district boards in lieu of holding a general district election on Nov. 6, 2018.
6.5: Adopt resolution amending Resolution No. 2017-143 to correct non-substantive typographical errors.
6.6: Sitting as Lake County Sanitation District Board of Directors, approve an exception to Lake County Sewer Code Sec. 205, allowing APN No. 050-401-12 to remain on a private septic system until such time system is in need of repairs or replacement, at which time, the property will be required to connect to the sewer system at owner's expense.
6.7: Adopt resolution amending Resolution No. 2018-132 establishing position allocations for Fiscal Year 2018-2019, Budget Unit 6022, County Library.
6.8: (a) Waive the informal bidding procedures in accordance with County Code Section 2-38.2 making a determination that competitive bidding would not be in the public’s interest because of the unique nature of the services; and (b) authorize the Public Services director to issue a purchase order to Dream Ride Elevator in the amount of $94,178.
6.9: Approve amendment one to the agreement between the county of Lake and Quincy Engineering Inc. for engineering services for replacement of Cooper Creek Bridge at Witter Springs Road (14C-0119) in Lake County.
6.10: Continued from Oct. 23, approve Amendment No. 8 to the agreement for engineering services for four bridge replacement projects and two bridge rehabilitation projects in Lake County with Quincy Engineering Inc. in the amount not to exceed $1,370,973.05 (an increase of $6,965.59) and authorize the chair to sign.
6.11: Continued from Oct. 23, approve Amendment No. 2 to the agreement for construction management services for the Eastlake Elementary Safe Routes to School & Community Development Block Grant Project with 4 Leaf, Inc. for an increase of $153,908.70, and an amount not to exceed $351,325.61; and authorize the chair to sign.
6.12: Approve the FY 2018 Emergency Management Performance Grant application in the amount of $138,133, authorize Sheriff Brian Martin to sign the grant subaward face sheet and the subrecipient grants management assessment form; and County Administrative Officer Carol J. Huchingson to act as the authorized agent on behalf of the county, sign the grant assurances, governing body resolution and FFATA Financial Disclosure document.
TIMED ITEMS
7.2, 9:06 a.m.: Presentation of proclamation commending Jill Shaul for her years of service to the county of Lake.
7.3, 9:10 a.m.: Swearing in of newly appointed Correctional Officers Robin Deveau and Anthony Hodges.
7.4, 9:13 a.m.: Consideration of continuing a proclamation of a local health emergency by the Lake County health officer due to the Pawnee fire incident.
7.5, 9:14 a.m.: (a) Consideration of continuing a proclamation of a local health emergency by the Lake County health officer due to the Mendocino Complex fire.
7.6, 9:15 a.m.: Consideration of continuing a proclamation of a local emergency due to the Mendocino Complex fire incident (River and Ranch fires); and and (b) update on the Mendocino Complex - River and Ranch fires recovery.
7.7, 9:16 a.m.: Consideration of continuing a proclamation of a local emergency due to the Pawnee fire incident.
7.8, 9:17 a.m.: Consideration of continuing a proclamation of a local emergency due to the Sulphur fire incident.
7.9, 9:18 a.m.: Consideration of continuing a proclamation of a local emergency due to Clayton fire.
7.10, 9:19 a.m.: Consideration of continuing a proclamation of a local emergency due to the atmospheric river storm.
7.11, 9:25 a.m.: Consideration of Acceptance of $21,000 donation from Lake County PEGTV, for the purpose of upgrading board chambers and on-location audio/visual equipment.
7.12, 9:30 a.m.: Public hearing, consideration of proposed ordinance amending Chapter 21 of the ordinance code of the county of Lake pertaining to allow a restaurant up to 750 square feet accessory to a permitted tasting room in the "APZ", "A", "RL", "RR" AND "SR" districts; allow a restaurant exceeding 750 square feet in size accessory to a permitted tasting room subject to obtaining a major use permit in the "APZ", "A", "RL", "RR" and "SR" districts; allow a reduction of the minimum residential construction standards in the "r1" district from a minimum dwelling size of 720 square feet to 360 square feet, a minimum width reduction from 15 feet to 12 feet and a minimum eave reduction from 12 inches to 6 inches; establish a permit process to allow emergency temporary dwellings after a catastrophic or natural disaster; modify the collectors permit conditions to allow a two car garage up to 500 square feet accessory to a permitted dwelling; allow a reduction in the minimum residential construction standards of the "MH" mobile home combining district from a minimum dwelling size of 560 square feet.
UNTIMED ITEMS
8.2: Consideration of appointment of directors to the Lake County Risk Reduction Authority.
8.3: Consideration of report from the treasurer-tax collector.
8.4: Consideration of Advisory Board Appointments: First Five Lake County, Lucerne Area Town Hall.
8.5: Consideration of addition of special meetings to the board’s annual meeting calendar for 2018.
8.6: Discussion and consideration of a draft ordinance adding Division 3 to Chapter 9 establishing fines and penalties for the illegal disposal of garbage/refuse and creating an illegal dumping prevention program.
8.7: Discussion and consideration of a draft ordinance adding Article VIII to Chapter 13 of the Lake County Code regarding hazardous vegetation abatement.
8.8: Continued from Oct. 23, consideration of request for board validation of the Public Works director’s emergency action in the Robinson Creek Bridge Rehabilitation Project.
8.9: Second reading, consideration of an ordinance imposing a benefit assessment for County Service Area No. 16 - Paradise Valley to complete the water system consolidation with Clearlake Oaks County Water District.
CLOSED SESSION
9.1: Public employee evaluations title: Water Resources director.
9.2: Conference with Legal Counsel: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2)(e)(3): California River Watch.
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.
- ANTONE PIERUCCI
- Posted On
This Week in History: The brilliance of Benjamin Banneker
Author, scientist, mathematician, farmer, astronomer, publisher and urban planner – Benjamin Banneker was one of the most accomplished men in colonial America.
His inventions, work as an urban planner and author of a famous almanac would all have made Benjamin a noteworthy individual in 18th century America – a time where many talented men crowded for attention.
When you consider, however, that he was also African American, then his accomplishments become all the more remarkable.
Born on Nov. 9, 1731, young Benjamin Banneker grew up in Baltimore County. Son of a half-white woman named Mary and freed slave father named Guinea, Benjamin was just one of only 200 free blacks amongst a population of 4,000 slaves and 13,000 whites living in the colony at the time.
His grandmother Molly Welsh, upon emigrating from England to the colonies as an indentured servant, had defied Maryland law by marrying a freed slave, something her daughter – Mary – also did when she wed Guinea.
So, Benjamin came from a line of rule-breakers to begin with. As far as he was concerned, he was not going to let the color of his skin stop him from achieving his goals in life.
He was helped in his pursuit by his grandmother, who taught him to read and write and helped pay for his education in a mixed-race school operated by a Quaker (one of the only communities in Colonial America who ignored the color of a person’s skin). Benjamin would learn much from his Quaker schoolteacher and would grow up with some Quaker sentiments still intake, including an abhorrence of war and violence.
From an early age, Benjamin Banneker had shown a unique ability at mathematics and mechanics. At just 22, having only seen two timepieces in his entire life – a sundial and a pocket watch – he constructed a working striking clock made entirely of wood based on his own drawings and calculations.
During the Revolutionary War, Benjamin worked with the Ellicott brothers, who built and operated a number of grist mills in the area.
In 1788, as politicians argued over the creation of the American Constitution, Benjamin nearly accurately predicted the timing of an eclipse of the sun, adding astronomy to his growing list of talents.
He later found that the slight error, which caused his estimate to be slightly off, was caused by an error in the professional books and tools he had borrowed, rather than any miscalculation on his part.
One of the Ellicott brothers, Andrew, had meanwhile joined the military and served as a Major. In 1791, Benjamin accompanied Major Andrew Ellicott to the banks of the Potomac River, where he was tasked to help survey for a new federal city. People began to take more notice of Benjamin Banneker.
One local newspaper reported that Ellicott was "attended by Benjamin Banneker, an Ethiopian, whose abilities, as a surveyor, and an astronomer, clearly prove that Mr. [Thomas] Jefferson's concluding that race of men were void of mental endowments, was without foundation."
That same year, Benjamin himself wrote a letter to Thomas Jefferson, in which he said that he hoped Jefferson’s “sentiments were concurrent with mine, which are, that one universal Father hath given being to us all; and that he hath … afforded us all the same sensations and endowed us all with the same faculties.”
Knowing Jefferson’s prejudice, Benjamin went on to call Jefferson and other southern politicians out for their hypocrisy, citing Jefferson’s own words that “All men are created equal.” Towards the end of his letter, he states the following:
“Sir, I suppose that your knowledge of the situation of my brethren is too extensive to need a recital here; neither shall I presume to prescribe methods by which they may be relieved; otherwise than by recommending to you and all others, to wean yourselves from these narrow prejudices which you have imbibed with respect to them, and as Job proposed to his friends ‘Put your Souls in their Souls stead,’ thus shall your hearts be enlarged with kindness and benevolence toward them, and thus shall you need neither the direction of myself or others in what manner to proceed herein.”
In his writings and public speeches, Mr. Jefferson had shown that he was not of the same opinion. His reply to Benjamin, however, was cordial. Jefferson was, after all, a consummate politician.
In 1792, Benjamin Banneker published an almanac that also included commentaries, literature, and fillers that had a political and humanitarian bent. With this almanac, he gained recognition in England and Europe.
Between 1792 and 1797, Benjamin published several additional almanacs in 28 different editions.
Benjamin Banneker died in 1806. On the very day of his funeral, his house burned down, destroying its contents.
Among the items destroyed was a wooden striking clock, which had faithfully kept time for 40 years.
Antone Pierucci is curator of history at the Riverside County Park and Open Space District and a freelance writer whose work has been featured in such magazines as Archaeology and Wild West as well as regional California newspapers.
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