Spring Valley Advisory Board required to consider proposal
This is notice to Supervisor Rushing and her appointees to the Spring Valley Advisory Board. Malfeasance of office is a crime, and any political office holder, or appointee, that commits illegal acts in office is liable for criminal charges and any damages incurred by that illegal behavior.
On May 5, I made a proposal to expand the Spring Valley water system and 30 copies of that proposal were passed out at that meeting. Another 20 copies were left at the Valley Pantry. My proposal was not speculation, but fact, supported by the existence of the same system I proposed having already been installed and working at the Seven Feathers Casino in Oregon, at a cost of $1,000,000, and supervised by the same engineer, James Bray; who approved my proposal.
Time and again at the CSA2 meetings Jim Hershey has proclaimed that the Advisory Board does not represent the Spring Valley property owners, but the Board of Supervisors instead. State law requires the Advisory Board to represent the property owners, exclusively.
My proposal is the only proposal that was presented by a property owner. It is a legitimate proposal, but was not even considered by the Advisory Board, despite the fact that the vast majority of property owners at the meeting applauded my presentation.
The fact that my proposal wasn”t even considered by the Advisory Board reflects the fact that they still do not represent the property owners, a violation of State law and malfeasance of office. Every party to this criminal act is therefore liable, responsible, and culpable for criminal charges, and damages, including punitive damages plus court costs and attorney”s fees and legal expenses.
Denise Rushing and the County Counsel Anita Grant, have already tried to claim ownership of the roads and water system in Spring Valley for the county and failed after 15 months. Refusal to accept my proposal, grants the CH2MHill company a no-bid contract that will cost the property owners at least $1,700,000 more money for a system that is purely speculative and doesn”t solve the water crisis permanently.
I demand that the Advisory Board be instructed that they represent the Spring Valley property owners exclusively and are required by law to consider my legitimate proposal. Any failure to do so will result in criminal charges against every person involved. It”s the law and you are required to obey it. And understand this as well, it is not the Advisory Board that decides whether to accept my proposal, because that right belongs to the Spring Valley property owners.
Don Scott
Clearlake Oaks
Homeowner”s Association needs new leadership now
The Clear Lake Riviera Community Association desperately needs new management. Ballots were in the mail May 15; voters should throw the existing bums out. Board members running for reelection should not get one single vote. Board members not up for reelection should be recalled. There are several good reasons.
First, two directors (Alan Siegal and Sid Donnell) are not members in good standing. They”re violating Article VI, Section 1 of Riviera rules that establishes term limits, “Directors shall be elected for terms of two years and shall serve until their successors are elected and qualified, and not be eligible for re-election after serving a 2-year term until they shall have not been a director for at least one year “
Also , Article VI, Section 5 of the By-Laws says, “The board may fill a vacancy by calling for a special election to choose a new director.” Al and Sid have not done that. They offer lame excuses for clinging to power beyond the legal two year limit. “Absolute power corrupts absolutely,” political scientists say, and this board shows, by breaking this law (and others, see below), they”ve been corrupted by power. Apparently, board members, Boone Bridges and Sandra Orchid, go-along-to get-along.
Second, the Board is entertaining an ugly idea of doing away with Proposition 13 for people living in the Riviera. Proposition 13 will no longer protect Rivierians from the one-per-cent-of-purchase-price limitation. This Board wants Rivierians to pay for road improvements through a special tax organized by the Association.
Yes, that means an increase in property tax. Lake County tax collectors have finally found a way around Prop 13. Incredibly, some people on some streets won”t have to pay the extra tax.
The County is already responsible for road improvements. Rivierians are already paying high taxes for roads. Unfortunately, government officials aren”t spending the money properly. They”re wasting it. They”re bloating up bureaucracies and buying fancy new vehicles for government employees. Now, of course, they want more money.
Third, the Board has recently decided to enforce a farcical 20-year-old 100-foot fire ordinance (Rivierians must cut natural brush 100 feet from any building, no exceptions). Using everyone”s fear of fire, they”ve stampeded some Rivierians into compliance.
There are many, many reasons Rivierians should reject this Board”s ludicrous 100 ft.-from-every-building-fire-yell and get them out of office, quick.
First, the real fire threat to Riverians comes from outside the Riviera, according to Kelseyville fire chief, Howard Strickler. Fire departments can handle small brush fires but have no control over wildland firestorms that build up outside developed areas. He also said, no home in the Riviera has ever been destroyed by brush fire originating from within.
Board members are aiming their anti-fire guns in the wrong direction. Common sense tells them to spend their limited resources on fire breaks around the Riviera like Buckingham residents did, recently. Chemise, Manzanita, and other native chaparral are all gorgeous plants. Most Riviera lots are small and by the time owners build houses, garages, driveways, and septic systems, there isn”t much natural habitat left, anyway. 30 ft. is reasonable. 100 ft. is harebrained idiotic.
Second, Lake County Supervisors, after public input, recently disagreed with the Board”s 100 ft. law unless the fire chief, “…determines that extra hazardous conditions requires a firebreak of more than 30 ft…” (Ordinance 2861 Section 5-4f2c). The 30 ft. ordinance was passed recently, March, 2008. The Riviera Board is in conflict with County Supervisors. They must go.
Third, the preposterous 100-foot law has made some Riviera streets look like a war zone or strip mining operation. Now, bare hillside lots are subject to erosion and instability. During heavy rains, old septic systems (installed without curtain drains) fail and sewage is washing into the streets where kids play.
Engineered septic systems also fail when filters aren”t timely changed and again, kids walk through sewage on their way to school. Some wide eyed followers are even spraying herb poisons on their lots to keep them completely bare or using chemical fertilizers trying to make non-native plants grow. Herb poisons and chemical fertilizers make their way into ground water and eventually the lake. Yet, this Board continues to yell fire in a crowded theater when the real danger is outside the theater.
Fourth, most Riverians love natural habitat and wildlife and are willing to accept a reasonable fire risk to be close. They enjoy Live Oak, Chemise, Manzanita, and other chaparral plants. Some moved here to see deer, quail, doves, and all the Riviera bird species. Wildlife needs cover.
For centuries now, Americans have traded reasonable fire risk for the enjoyment of natural settings. They also know chaparral between roads and homes provide privacy and noise reduction better than evergreens some silly people plant. Evergreens burn hotter and faster than natural vegetation. Out of control Board members are on a campaign to destroy the Riviera in attempt to save it.
Fifth, the Board”s crazy 100-foot law places financial hardship on the elderly, soccer moms, widows, people who live far away, and those on fixed incomes. Some Rivierians have more than one lot or a large lot and can”t, of course, use a weed-whacker to cut down chemise. Some unscrupulous contractors are making a fortune cutting and chipping those areas that homeowners should keep.
Also, the number one cause of home loss in wildfires is flammable roofs. If people could afford it, they”d install tile roofs and non flammable decking.
Sixth, the board is not enforcing its crazy new 100-foot law uniformly. Americans love democracy and democracy demands everyone be treated equally under every law. If the Board fines one home owner $250 they must fine every homeowner who has the same or worse condition. Selective enforcement of a moonstruck rule leaves the door wide open for all sorts of nasty discrimination. Some people are saying enforcement is selective because uniform fining would cause an outcry heard around the world. Board members might have to leave the country.
Finally, the Board is illegally enforcing its 100-foot law. Article 12 of the By-Laws say “violators” must receive a letter of the violation (The association is fining owners who have not received letters of violation). Article 12 also says legal action will be taken to enforce correction of a violation (Homeowners can defend themselves when the Board follows this law). A tyrannical Association is fining members without due process. They”re skipping the legal process. They”re also saying they have the right to inspect every inch of homeowners property without a search warrant. Like Taliban beard inspectors of Afghanistan, they”ll regularly inspect your bushes.
If it hasn”t already happened, some widow, or other disadvantaged homeowner will meet the right attorney, one day soon, and sue the pants off Clear Lake Riviera Community Association. Any one of the above reasons is enough. One little old lady was recently seen, on Monte Cristo, in the hot sun, cutting bushes and putting them in her station wagon. She got a threatening letter from the Association. One heat stroke or one heart attack caused by an illegal Board, illegally enforcing lunatic laws, is a considerably greater danger of financial loss by members of the association.
A new Bboard must follow the rules and stop the scorched-earth, slash-and-burn-policy.
Darrell Watkins
Clear Lake Riviera
Stop playing political games with our troops” paychecks
Military Families Speak Out is calling on the Bush Administration and the Department of Defense to stop using scare tactics to arm-twist Congress into another round of funding for the war in Iraq.
In the past, fears that our troops would be without ammunition and armor, and that military families on bases would go without child care were used to pressure Congress to pass supplemental war funding bills. Now, military families across the country are hearing rumors that U.S. troops may stop receiving paychecks this summer if Congress doesn”t pass a bill funding the war in Iraq well into 2009.
These rumors originated with comments made by Secretary of Defense Robert Gates when he appeared before the Senate Appropriations Committee on Thursday, May 20.Secretary Gates stated that payroll accounts for soldiers would run dry beginning in June.
Sean Donahue and Nancy Lessin
Jamaica Plain, MA
Military Families Speak Out
Don”t forget to write!
The Clear Lake Observer*American welcomes letters responding to articles and opinions that have appeared in this newspaper, as well as on topics of general interest. Letters can be sent to letters@clearlakeobserver.com or mailed to PO Box 6200, Clearlake, CA 95422. Please include complete name, address and telephone number. Anonymous submissions will be discarded.
