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Supervisors approve formation of Cobb Area Council
LAKEPORT, Calif. – The Board of Supervisors has approved the formation of a new municipal advisory council to represent the Cobb community.
The Cobb Area Council received unanimous support from the board at its meeting Tuesday morning.
It is the third such body that the Board of Supervisors has created to give communities around the county more input at the board level regarding important issues.
The first of those groups, the Middletown Area Town Hall, will mark its 10th anniversary this December.
In May, at the request of District 3 Supervisor Jim Steele, the board approved the East Region Town Hall, or EaRTH, to represent the Clearlake Oaks area, as Lake County News has reported.
On Tuesday, Eliot Hurwitz, one of the community members working on the effort, reported to the board that on June 9 more than 70 Cobb residents gathered at the Little Red Schoolhouse to consider forming the Cobb Area Council, receiving nearly unanimous approval.
As part of forming the council, Hurwitz said initial board members were proposed, including Hurwitz, Gary Prather, Jessica Pyska, Jessyca Lytle and Barbara Flynn. Cindy Leonard is to act as alternate.
Board of Supervisors Chair Rob Brown, to whom the council will act in an advisory capacity, said the timing for creating the council was good, and that there is a cohesive group in place to support it.
Fletcher Thornton, chair of the Middletown Area Town Hall, urged the new council to not dictate an agenda in setting up its bylaws.
He said such groups should be a platform for people to come and express their opinions about issues facing their areas.
“The town hall should be open to everybody that wants to come and speak,” he said.
Jessyca Lytle responded by explaining that the group did have draft bylaws drawn up, but were waiting for the board to approve the resolution so they could have public input and a vote on the bylaws at an upcoming meeting.
She said the group had spent many months looking at other municipal advisory councils, their bylaws and resolutions, as well as why they formed. In addition, she said they did outreach to community members to identify the greatest needs.
Lytle invited everyone – whether from Cobb or elsewhere – to attend the council's meetings. “We welcome anyone to come.”
She added, “This really, truly came from the community, not from the Board of Supervisors,” although Brown and County Counsel Anita Grant – as well as other county staff – helped them in the process.
Steele said forming the council was a good move on the part of the Cobb community. He said he's trying to get the same thing going on the Northshore's east end – with EaRTH – and then wants to do something similar for the west side of his district.
Brown said he's in regular contact with the council's members already about the many issues facing Cobb, and having a cohesive body to discuss those matters will save time and effort for everyone.
“There's a lot going on,” he said.
Brown passed the gavel to Supervisor Jeff Smith so he could move to offer the resolution forming the council, with an amendment removing a requirement that all of the council's communications be recorded with the Board of Supervisors.
The board approved that motion unanimously, and also gave its consent to Brown's motion to approve the five initial board members.
The Cobb Area Council will hold its first town hall meeting at 6 p.m. Tuesday, July 26, at the Little Red Schoolhouse, 15780 Bottle Rock Road.
Follow the group on Facebook at https://www.facebook.com/CobbAreaCouncil/ .
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Lakeport City Council votes to put sales tax measure on November ballot
LAKEPORT, Calif. – The Lakeport City Council voted unanimously on Tuesday to place on the November ballot a one-cent sales tax measure that city officials said is necessary to meet public safety and road and infrastructure maintenance needs.
“Measure Z” would generate an estimated $1.5 million annually that would be collected by the State Board of Equalization, according to City Manager Margaret Silveira. The discussion begins at the 32:25 minute mark in the video above.
Funds would go toward a variety of uses, including police and public safety, road paving and repairs, park and facilities maintenance, and enhancing business attraction and youth programs, Silveira said.
Silveira said the measure will need only a 50 percent plus one majority vote to pass.
The proposed language of the measure is as follows:
“LAKEPORT PUBLIC SAFETY/ESSENTIAL CITY SERVICES MEASURE. To maintain/enhance general City services including: recruiting, hiring, retaining qualified police officers to improve neighborhood patrols, maintain response to property, burglary, violent crimes; paving/repairing local streets/potholes; enhancing business attraction/youth recreational programs; keeping Lakeport’s parks/pool safe and clean; shall the ordinance to enact a one-cent sales tax until ended by voters, providing about $1,500,000 annually, requiring independent audits, citizens’ oversight, all revenues controlled locally be adopted?”
If enacted, it would be the city's second sales tax measure. The first, Measure I, was passed by voters in November 2004, along with the advisory Measure J, a nonbinding measure that suggested uses for the funds including repair and maintenance of city streets, park and community service facilities, and the expansion of public services and programs.
Measure I is a half-cent tax that generates about $700,000 annually, Silveira said.
Lakeport's current sales tax rate is 8 percent, the same as Clearlake's. Silveira said that the sales tax rate will drop by a quarter of a percent in December due to the end of a temporary statewide sales tax enacted through Proposition 30.
That would mean that Lakeport's sales tax would be 8.75 percent if Measure Z were to pass, she said.
Silveira told the council that putting another sales tax measure forward is necessary due to the city's mounting financial challenges, including the impacts of the recession; the end of redevelopment, which cost the city about $900,000 annually; rising long-term obligations such as employee health care costs; and state takeaways.
While the city budget has remained balanced, “It's been very painstaking,” said Silveira, noting that the city has had to leave positions unfilled, put employee furloughs in place, gave no raises for several years and offer lower pension formulas, while the city's revenue projections have not improved.
Silveira said the city has collected almost $7.5 million from Measure I in the nearly 12 years since it passed, and has spent a total of $12.5 million on road and infrastructure projects.
While Silveira said most communities don’t use general fund money for roads since the recession, thanks to Measure I Lakeport has actually spent a lot of general fund money for roads.
The decision to place Measure Z on the ballot goes back to the city council's goal session earlier this year, when council members made public safety a top priority and directed city staff to look at additional revenue sources, said Silveira.
In April, the city hired a contractor to conduct a telephone survey, which showed strong public support for the proposed sales tax, Silveira said.
That same month, the council held a town hall meeting on public safety at which community members indicated they believed the police department was doing well but were concerned about officer retention, a rising crime rate and the need for increased services, according to Silveira.
Participants at a town hall the city held on economic priorities July 12 also had concerns about public safety and roads, Silveira.
Noting that the city can no longer depend on state resources for help, Silveira told the council, “We have to learn to support ourselves.”
She said an Area Planning Council report found that to simply maintain Lakeport's failing infrastructure would cost $2.5 million annually, while to slightly improve it the city would need $3.8 million annually.
Measure Z would help fill that gap, she said.
Silveira said three quarters of the measure's funds would be raised on purchases made by people from outside of the city, not just Lakeport's 4,700 residents. She explained that nearly 30,000 people are living, working or visiting Lakeport each day.
Based on that 30,000-person retail trade area population, the tax burden on each individual equates to roughly $59 annually, according to Silveira.
She said that a $100 purchase of taxable items at a Lakeport retailer would result in an additional tax of $1, or a 20-gallon fill up at the gas pump at $3 per gallon would result in an additional tax of 60 cents.
The city's general fund currently spends more than $805 annually for every resident on public safety, roads, parks, pool and other governmental purposes. The sales tax would result in an additional $319 of spending by the city annually for each city resident, Silveira said.
If Lakeport's sales tax rose to 8.75 percent, Silveira said it would be the same as Santa Rosa and Healdsburg, where many Lake County residents go to shop. She pointed out that Clearlake also is seeking a 1-percent sales tax this fall.
City Clerk Kelly Buendia went over the ordinance, which included specific language for the Board of Equalization to administer it. She said the document also included requirements for an independent audit and a citizens oversight committee.
Due to the short timeline, Buendia said the council needed to hold a public hearing and introduce and adopt the ordinance imposing the tax. That was to be followed by the resolution calling for the election and placing the measure on the November ballot, requesting approval by the Lake County Board of Supervisors for consolidation of the city's election with the Statewide General Election and requesting election services be provided by the county elections official.
Councilman Kenny Parlet cautioned that the new tax won't address all of the city's needs.
“We all need to be realistic and realize, that even if we get the 1 percent, that it’s not going to fix all of our problems, it’s not going to fix all the roads,” and the city isn't going to be able to add a lot of new programs, Parlet said.
He added, “We absolutely have to do this.”
During public comment, Wilda Shock, who lives in Lakeport and serves as the chair of the Lakeport Economic Development Advisory Committee, noted that at a recent town hall community members were asked about the kind of community they desired. They felt it was important to provide essential city services, including public safety, recreation, good quality of life, infrastructure, improvements and upgrades.
To attract new businesses, another of the desires expressed at the town hall, “The city needs a welcoming appearance that shows its residents care,” she said.
Shock recommended the council put the measure on the November ballot, and provide the opportunity for Lakeport residents and their neighbors to participate in improving the city.
Paula Capps said she opposes new taxes, and asked if the budget can be cut somewhere else. She said she sees government as overspending and pilfering money away with no oversight.
Council members responded that they had made cuts and had only a finite amount of money.
Dennis Rollins noted that the sales tax won't be applied to groceries, and said people think nothing of driving to Santa Rosa to go shopping, so he didn't think they would complain about paying a higher sales tax.
“I think it’s a really good deal for the city of Lakeport,” said Parlet.
Councilwoman Mireya Turner said she appreciated Capps' point of view and takes it seriously. She said transparency is essential so people can feel comfortable with the sales tax measure proposal.
For Turner, she said she was comfortable pursuing the measure after watching the city go through increasingly serious cuts during her nearly two years on the council.
Councilman Martin Scheel said Lakeport needed to become a self-help city, which would open up other funding sources.
He moved to introduce the ordinance, seconded by Turner and approved unanimously. Scheel also moved the resolution, with Turner again seconding, and the council voting 5-0.
In other business, the council approved the Westside Community Park Committee's proposal to name the park's dog park for former committee chair Ron Raetz, a retired educator.
“If it weren't for Ron, there wouldn't be a dog park,” said Rollins, the committee's current chair.
Shock reported that Charlie Jolin, founder of the park effort, was in favor of the action.
The council also approved participating in the National Night Out on Aug. 2. The city has previously taken part in the event, however last year the event was postponed and then canceled due to the summer's wildland fire.
Council members went on to adopt a resolution rescinding Resolution No. 2538 (2015) and revising prohibited parking zones within the city. Specifically, the new resolution delineated a no parking area 466 feet between the southern driveway entrance of the Gateway Business park to just south of Lakeport Boulevard along the west side of Bevins Street.
Other action included the council's adoption of a resolution approving an application for Community Development Block Grant program funding, and canceled the Oct. 4 meeting and nominated council members as voting delegates for the October League of California Cities Annual Conference.
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Supervisors grant appeal for Middletown Dollar General store; action will let project move forward
LAKEPORT, Calif. – Nearly three months after the Lake County Planning Commission denied a major use permit for a Dollar General store in Middletown, on Tuesday the Board of Supervisors voted to overturn the commission's decision and grant the developer's appeal, clearing the way for the project to advance.
The vote was 3-2, with Jim Comstock, Jeff Smith and Jim Steele voting to support the appeal by Cross Development, and Rob Brown and Anthony Farrington voting against it.
The board's decision Tuesday afternoon came after a lengthy hearing that included several hours of both community input and board discussion.
Plano, Texas-based Cross Development, which constructs build-to-suit buildings for the Tennessee-based Dollar General, is proposing to build the 9,100-square-foot store at 20900 State Highway 29.
In denying the major use permit in April, the planning commission had echoed community members' concerns about the fit with the Middletown Area Plan and traffic volumes.
Cross Development filed the appeal shortly after the Lake County Planning Commission's April denial.
On Thursday, the Middletown Area Town Hall weighed in, voting against supporting the major use permit, as Lake County News has reported.
At Tuesday's board meeting, Supervisor Jim Comstock, who represents the Middletown area, advocated for the store, saying business and services are badly needed in the south county.
He also cited a county-produced economic development brochure that said Lake County “is open for business.”
“Are we or aren't we? I believe we're open for business,” said Comstock, adding that the county needed to take the opportunities offered to it.
Major points of the board's discussion centered on whether the store design – which Cross Development had updated shortly before the planning commission meeting – fit with community design and planning standards.
Farrington felt the store didn't fit with – or strengthen – the community's character, based on the language of planning objectives.
While Brown didn't disagree with the need for business, he felt that Middletown-area residents largely didn't want the store because they didn't feel it fit with their small town's character.
Comstock would offer the motion, seconded by Smith and approved 3-2.
The Middletown store will be the third Dollar General store in Lake County. Two opened in Clearlake Oaks and Nice in 2015.
Cross Development also is proposing to build a fourth store in the Clear Lake Riviera area of Kelseyville. That plan has not yet gone before the planning commission.
A use permit Cross Development had sought for a store near Kelseyville High School was denied by the planning commission last year. Cross Development appealed that decision, but the board upheld the commission's action in an August 2015 vote.
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Supervisors to host Dollar General permit appeal, discuss possible cannabis tax
LAKEPORT, Calif. – The Board of Supervisors this week will host an appeal of the Lake County Planning Commission's denial of a plan to build a Dollar General store in Middletown, and consider imposing a cannabis tax.
The board will meet beginning at 9 a.m. Tuesday, July 19, 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 http://www.co.lake.ca.us/Government/Boards/Board_of_Supervisors/calendar.htm . Accompanying board documents, the agenda and archived board meeting videos also are available at that link.
At 10 a.m., the board will hold a public hearing to consider Cross Development's appeal of the Lake County Planning Commission's denial of a major use permit and mitigated negative declaration to construct a 9,100-square-foot Dollar General store at 20900 State Highway 29, Middletown.
In April the commission unanimously voted down down the proposal, citing conflicts with the Middletown Area Plan and impacts on local businesses already impacted by the Valley fire, as Lake County News has reported.
Cross Development builds the stores to suit for Dollar General, a small box retailer based in Tennessee.
On Thursday, the Middletown Area Town Hall voted overwhelmingly against the store plan, with community members citing a variety of concerns, from location and traffic to economic impacts.
In other business on Tuesday, in an untimed item, the supervisors will discuss a proposed ordinance imposing a medical cannabis cultivation tax in the unincorporated areas of Lake County.
At 9:45 a.m., the board will consider a resolution establishing the Cobb Municipal Advisory Council.
Also on Tuesday, the council will continue its consideration of an agreement with Martin Scheel for the repayment of abatement costs associated with the removal of a submerged crane in Clear Lake.
The full agenda follows.
CONSENT AGENDA
7.1: Adopt resolution approving the 2016 Lake County Funding application, in the amount of $200,000, to the Economic Development Administration to Implement the 2016 Comprehensive Economic Development Strategy (CEDS).
7.2: Approve minutes from the Board of Supervisors meeting held on June 7, 2016, and June 14, 2016.
7.3: Adopt the resolution authorizing the grant project, County Victim Services Program and authorize the chair to sign the certification of assurance of compliance for a grant application in the amount of $197,121 for a two year period retroactive to July 1, 2016.
7.4: (a) Waive the formal bidding process, per Ordinance No. 2406, Purchasing Code 38.2, as it is not in the public interest due to the unique nature of goods or services; and (b) approve license agreement, software support and maintenance agreement with LexisNexis Claims Solutions Inc. in the amount of $20,000 and authorize the sheriff to sign.
7.5: Approve amendments No. 8 and No. 9 between the county of Lake and Sun Ridge Systems Inc. for the installation of both In Station and Mobile Mapping and Mobile Software in the total amount of $97,857, to be paid from Budget 2206, object code 28.30 and authorize chair to sign.
7.6: Sitting as the Lake County Watershed Protection District Board of Directors, adopt resolution authorizing the Lake County Watershed Protection District to file grant application and signature authorization to execute agreement for an aquatic conservation grant with the United States Fish and Wildlife Service in the amount of $141,475.62.
7.7: (a) Approve Administrative Encroachment Permit #16-22 (closure located at the city of Lakeport's Library Park, approximately 800 feet offshore and extended for approximately one mile) for the Hot Car and Boat Show Aug. 12- 14, 2016, and authorize the Water Resources director to sign the permit; and (b) waive the encroachment permit fee of $665 in light of the positive economic benefit the event will bring to the county.
TIMED ITEMS
8.2, 9:15 a.m.: Informational report on 26th annual Konocti Challenge bike race.
8.3, 9:30 a.m.: Public hearing, sitting concurrently as Clearlake Keys CSA#1, CSA#3, 6, 7, 13, 16, 18, 20, 21, 22, Kelseyville County Water Works District #3, and Lake County Sanitation District, Board of Directors, consideration of (a) resolution confirming collections of annual lighting fees; (b) resolution confirming collections of delinquent water fees; (c) resolution confirming collections of delinquent water and sewer fees; and (d) resolution of delinquent sewer fees for Lake County Sanitation District.
8.4, 9:45 a.m.: Consideration of resolution of the Lake County Board of Supervisors establishing the Cobb Municipal Advisory Council.
8.5, 10 a.m.: Public hearing, continued from June 14 and May 24, consideration of appeal (AB 16-02) of Planning Commission's denial of major use permit (UP 15-08, IS 15-10) and mitigated negative declaration to allow construction of a 9,100 square foot Dollar General Store; appellant is Cross Development, LLC; project located at 20900 State Highway 29, Middletown (APN 024-301-18).
8.6, 11 a.m.: Carried over from July 12, discussion and consideration of (a) separating the Public Works and Water Resources departments; (b) approve revisions to the Water Resources Director classification and establish the minimum qualification criteria; and (c) request an advertising process broader than normal because of the unique nature of the position and value to the county’ economy.
8.7, 11:30 a.m.: Consideration of amendment to the exclusive negotiating rights agreement with Veterans Housing Development Corp.
UNTIMED ITEMS
9.2: Approve agreement between the county of Lake and Coleman Environmental Engineering Inc. for abatement of nuisance conditions at 10715 Gifford Springs Road, Cobb (owner Benjamin Hittle, APN 013-037-07), for the amount of $15,000 and authorize chair to sign.
9.3: Discussion and consideration of proposed ordinance imposing a medical cannabis cultivation tax in the unincorporated Areas of Lake County.
9.4: Continued from July 12 and June 14, consideration of an agreement between the county of Lake and Martin Scheel for the repayment of abatement costs associated with the removal of a submerged crane in Clear Lake.
CLOSED SESSION
10.2: Conference with legal counsel: Existing litigation pursuant to Gov. Code sec. 54956.9(d)(1) – Prisbrey v. County of Lake, et al.
10.3: Conference with legal counsel: Existing litigation pursuant to Gov. Code sec. 54956.9(d)(1) – Lakeside Height HOA, et al. v. County of Lake.
10.4: Conference with legal counsel: Decision whether to initiate litigation pursuant to Gov. Code sec. 54956.9(d)(4) – two potential cases.
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