Middletown Area Town Hall hosts Dollar General update

MIDDLETOWN, Calif. – On Thursday night community members at the Middletown Area Town Hall meeting got an update on plans for a Dollar General store in the community and had the chance to ask questions of a county official involved in reviewing the project.

Several dozen community members packed the room at the Middletown Senior Center for the meeting, which featured the update from Principal Planner Audrey Knight of the Lake County Community Development Department.

Last year, Texas-based Cross Development applied to the county for a major use permit and parcel map in order to put a 9,100-square-foot Dollar General store in Middletown on a portion of a 3.74-acre parcel at 20900 Highway 29 that is owned by Louis and Raelene Neve of Petaluma, as Lake County News has reported: www.bit.ly/1VMc1q3 .

Cross Development constructs build-to-suit stores for Dollar General, a Tennessee-based small box retailer that so far has two stores on the Northshore – one in Clearlake Oaks, one in Nice.

The Middletown store plan is set to be heard by the Lake County Planning Commission at 10 a.m. Thursday, April 28. However, Knight warned that the agenda that day is particularly full, so it's possible that the item could end up being heard later in the day.

Cross Development also is proposing another store in the Clear Lake Riviera area near Kelseyville,  after the planning commission last year voted down an initial proposal for a store a short distance from downtown Kelseyville. County planning officials told Lake County News that the Riviera store plan is not likely to go to the commission for a few more months.

Knight said Cross Development had been impatient to move forward on the Middletown plan last year, but she told them that, due to the Valley fire, it was not a good time and the firm agreed to wait. Now, they want to move forward once again.

She said some reports have been completed on the plan, including a drainage study due to the property's close proximity to St. Helena Creek, as well as a botanical survey and traffic impact analysis.

Knight explained that county staffers have to look at projects in an unbiased way, assessing what owners and developers are allowed to do in keeping with county policy while balancing that with the community's interest.

The project proposal calls for creating a parcel of less than one acre of the overall property to build the store, which Knight said would allow the project to avoid Cal Fire's setback requirements.

She said the store proposed in Middletown would be operated in similar fashion to the Dollar General stores on the Northshore, and so would be open seven days a week from 10 a.m. to 10 p.m., with day and night shifts.

While county staff has worked with Cross Development to make the building plan more consistent with the Middletown Area Plan guidelines and more palatable to the community, Knight indicated that the corporation's store layout formula is very specific and so does not fit with those local guidelines.

The county had asked for parking to be placed in the back of the store, but that doesn't fit with Dollar General's layout formula, which includes a specific parking configuration to allow for delivery trucks, she said. Additionally, she said the county is still waiting to find out if Cal Fire will be OK with the plan.

Knight went over the major use permit requirements, explaining that some decisions – like whether a project fits with community character – are left up to the planning commission.

It was on that community character basis that the Lake County Planning Commission turned down the Dollar General store proposed to be built by Cross Development across from Kelseyville High School in May 2015, as Lake County News has reported.

In August 2015, the Board of Supervisors upheld that denial in a 4-1 vote, with Supervisor Jim Comstock – who represents the Middletown area – the lone no vote.

During the Thursday meeting Knight also told the group that, separately, a combination coffee shop and car lube business was being proposed for downtown Middletown under a minor use permit.

Audience members asked Knight about issues including whether fiscal impact and tax benefit studies had been done on the Dollar General proposal. She said the company has done its own analysis but hasn't shared that with the county.

Community members also asked why chain stores were allowed, and whether Dollar General had a second possible location it was considering in Middletown. On the latter, Knight said she was not aware of a second location.

Middletown Unified School District Board President Bill Wright said the district hadn't received any formal notification about the plan, with the school board not set to meet again until after the planning commission's April 28 meeting.

Wright said the Middletown Unified School District wants to be able to respond to the project like the Kelseyville Unified School District had done, guessing the issues will be similar and noting he wanted to see a traffic plan.

Kelseyville Unified Superintendent Dave McQueen had in fact raised issues with traffic regarding the Kelseyville store plan that later was denied, as the store plan at that time called for it to be located across from Kelseyville High School.

Wright said he wanted to see the item continued if necessary to give his district more time to respond.

Knight apologize for the lack of notice, explaining that it may have been lost during the process of getting the project back on track.

MATH Chair Fletcher Thornton would note during the meeting that MATH also had not formally been notified that the project was back on track and set to go before the planning commission.

Knight also was asked about the store fit with the community demographics. She said the company had studied Middletown's demographics but, due to the Valley fire, she said there has been a large shift, and she suggested the company's information may not be accurate now.

Knight explained that it is hard to deny a commercial project coming in under allowed uses.

She said the only reason that the Dollar General store plan has to apply for a major use permit is due to its size – had it been 8,000 square feet or less, the major use permit would not have been necessary.

It was noted during the meeting that the Middletown Area Plan's chapter seven contains the best arguments against approving the store due to its failure to fit with community design and character.

Thornton pointed out that the community would need to provide specific grounds for denial based on planning rules such as design, location and configuration rather than whether or not they liked the store. He indicated he would communicate those concerns to county officials on behalf of MATH.

Knight added that it would be helpful if residents communicated what they wanted, not just what they didn't want.

Community member Jody Galvan asked why the store proposal was even in the works as people were in the process of trying to rebuild after the fire.

MATH Vice Chair Claude Brown reiterated the importance of the Middletown Area Plan and the store plan's lack of fit with the plan guidelines as the key to arguing against the project.

It also was reported during the meeting that an online petition addressing District 1 Planning Commission Joe Sullivan – who was at the meeting – and asking him to stop the store proposal had gathered hundreds of signatures.

As of late Friday night, the petition at  www.chn.ge/1YzjGae – which had reportedly had an initial goal of 100 signatures – had more than 350 signatures. The goal on Friday had been raised to 500.

The staff report for the April 28 Planning Commission meeting will be available at the Lake County Community Development Department, Lake County Courthouse, 255 N. Forbes St., Lakeport, or on the department's Web page at http://www.co.lake.ca.us/Government/Directory/Community_Development/Planning_Division.htm in the days before the meeting, county officials said.

Community members wanting more information or to submit comments on the project can contact Senior Planner Michalyn DelValle, who is handling the Dollar General applications, at 707-263-2221 or 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.

Dollar General - Middletown Store Plan

National Crime Victims' Rights Week spotlights help, programs available

LAKE COUNTY, Calif. – This week, a nationwide observance is highlighting the work of state and local agencies that assist crime victims with navigating the legal system and putting their lives back together.

The California Victim Compensation Program is honoring crime victims in conjunction with National Crime Victims' Rights Week, observed from April 10 to 16.

National Crime Victims' Rights Week recognizes crime victims, survivors, supporters and advocates throughout the United States. The theme for this year is “Serving Victims, Building Trust, Restoring Hope.” More information can be found at http://ovc.ncjrs.gov/ncvrw .

Locally, the Board of Supervisors on April 5 presented a proclamation to the Lake County District Attorney's Office Victim-Witness Division designating April 10 to 16 as National Crime Victims' Rights Week in Lake County.

California Victim Compensation Program Executive Officer Julie Nauman said the annual observance provides an opportunity to share with the public benefits that her agency offers and the strides California has made to protect victims' right.

“California is a national role model in victim services and proud to be on the forefront with new legislation to better serve those in need,” Nauman said.

She told Lake County News that the purpose of the program is to help victims of violent crimes cover expenses – everything from physical and mental health care, to burial, relocation, home security systems, and supplemental income for those unable to work due to emotional or physical injuries.

Nauman said the California Victim Compensation Program can be accessed directly or at the local level, through district attorney's offices.

She said California's program was the first of its kind in the nation, and since then other states have founded similar programs.

California's program, however, continues to be the largest, serving the most people. “We really serve as a model for other states' programs,” Nauman said.

“California took an early lead in response to social changes,” said Nauman. “It's something California can be proud of and it's something we have sustained and grown very effectively over the years.”

Nauman said the program started at “a time when attitudes were changing toward victims.”

In 1984, the program was assisted with the passage of the federal Victims of Crime Act, which she said provided more funding through the federal government.

One key fact she likes to share is that the program is not funded by taxes. Rather, Nauman said it's funded by money from the US Department of Justice and from the state of California.

Those state and federal funds, Nauman explained, come from fines and restitution collected from people convicted of committing crimes.

Nauman said the California Victim Compensation Program pays out around $60 million annually to victims across the state. That total has ranged lower in years and higher – as high as $100 million several years ago – in others.

In Lake County, 132 applications were made in calendar year 2015, 96 percent of which were approved for funding, for a total of $141,629, Nauman said.

The most represented crimes among those Lake County applications were assault and child abuse. A full rundown of the Lake County applications by type and payment amount can be seen at the end of the article.

Nauman said the impact of the Affordable Care Act is being felt in the program, as many more people now have medical insurance to help cover their needs.

In other ways, “We have made some changes to our program to meet the needs of victims as we better understand them with the passage of time,” she said.

She said the program has done a tremendous amount of research funded through the Department of Justice to better understand victimization. Changes approved by the Legislature last year helped keep the program current.

“We always want to do better,” and to understand potential barriers that prevent people from participating, she said. “That's a big change.”

Among program updates are translating all application materials into the state's 13 most common languages, she said.

The program also has sought to make changes to how sexual assault and domestic violence cases are handled, understanding that police reports are not always made immediately, if at all, Nauman explained.

Nauman said officials have worked hard to understand the emotional response and the reluctance to lay blame by such victims, who fear not having a place to go back to after reporting the crime.

In such cases, she said they can overlook the fact that a police report hasn't been filed in order to prevent bureaucratic issues from getting in the way of getting victims assistance.

Nauman also emphasized that people do not have to wait for the conviction of the person who victimized them in order to receive help.

“The underpinning of this is that the help is not directly tied for the outcome for the offender,” she said.

If the offender is convicted, many times the court will require the offender to pay restitution directly to the victim, she said.

In addition, courts also can order offenders to pay the state program back. However, she said victims don't have to wait for the offender to pay. “We're there to get the bill paid.”

This year, AB 2160, sponsored by Assemblyman Rob Bonta, proposes to modernize statutes governing the California Victim Compensation Program by expanding certain benefits.

Specifically, it would compensate victims for income loss when it is necessary for them to miss work due to medical and mental health appointments for injuries related to the crime and attending meetings that are crime-related (such as court proceedings and meeting with the district attorney's office); allow reimbursement for transportation and child care expenses that are necessary in order for a victim to attend legal, medical, mental health counseling or other crime-related appointments; increase the reimbursement limits for crime scene clean up and enhanced residential security from $1,000 to $2,000; increase the benefit limit for relocation expenses from $2,000 to $4,500; and raise the benefit cap from $63,000 to $70,000.

The issue of elder abuse also is the focus of some current legislation, including AB 1754, which would establish a pilot program in San Diego County for elder or dependent adult abuse crimes, Nauman said. The bill calls for providing $1 million to the program, which would offer victims health counseling and financial counseling.

Nauman said there are still populations and communities that are underserved by the program, including people with disabilities; lesbian, gay, bisexual, transgender, queer or questioning individuals; tribal populations; people with language barriers; immigrants; the homeless; and residents of rural areas.

As such, she said they want to collaborate more effectively at the local level, and expand the network of community groups – rape crisis, church, nonprofits – they work with that are in direct contact with those underserved populations in order to develop relationships and help individuals apply for assistance.

She said that, in some cases, a victim's first phone call may be to their church or another group.

“We want them to know as soon as possible there is help. It starts the healing process,” Nauman said.

She added that it's important that there are multiple ways of informing people about the program's availability.

She said that local collaboration is important, because Lake County will look different than other areas, like Madera or Los Angeles.

They're also working to stay up to speed on a number of crimes that are becoming more common, such as human trafficking and cyber bullying, she said.

Assistance at the local level

While Nauman said people can come directly to the state program, most of the applicants for assistance – varying by jurisdiction – come through the local district attorney or victim witness programs. She said applications are processed both locally and at the state.

She said law enforcement is required to inform victims of availability of the program, and she said her agency works closely with law enforcement to make sure they have the tools that they need, including informational cards and handouts.

Debbie Wallace has headed the Victim-Witness Division of the Lake County District Attorney's Office for five years, and has been with the program for 15.

She said the agency is governed by Penal Code 13835.5, which establishes rights for California's crime victims. As part of that, she said the state Legislature developed methods to reduce trauma to victims and witnesses after a crime.

Victim-Witness is funded by the Office for Victims of Crime and the California Office of Emergency Services, plus county funding and some other grants, Wallace said.

A lot of times, said Wallace, victims are further victimized as they become involved in the criminal justice system. Victim-Witness is there to help prevent that from happening.

“We can provide services for them,” she said, including providing counseling funds, medical funds if they're been injured, funeral/burial for victims, transportation assistance to court or child interviews.

Wallace said they assist victims by leading them through the legal process. Law enforcement has a Marsy's Law handout that they're supposed to give victims, but in some cases people haven't had that contact or haven't even filed a police report. In those cases, Victim-Witness connects them with the proper jurisdictions.

Victim-Witness oversees the multidisciplinary interview center, where child sexual assault advocate Crystal Martin coordinates interviews with victims' family, prosecutors and detectives, Wallace said.

Victim-Witness calls people to keep them posted on case status, explains the system and what to expect, and even escorts them to court. “We even fly people in from various states that are going to testify at trials,” said Wallace.

During testimony, an advocate can sit off to the side with them – especially child victims – when they are up on the stand, she said. They also provide a waiting area during court proceedings that is separate for the victims so they are not harassed in the hallway.

They also can help notify relatives, friends and employees of a crime at the request of the victim, Wallace said.

Wallace said her staff helps victims apply to the state compensation program and obtain restitution, but victims must specifically request that service. “When they ask we do provide assistance.”

Victim-Witness also will relocate victims, including placing domestic violence victims at the Lake Family Resource Center shelter or even helping them move out of state if they wish, she said.

Wallace said Victim-Witness also does a lot of restraining orders for domestic violence, sexual assault and elder abuse, and works with child welfare services, as well as giving public presentations on the criminal justice system.

People can call Victim-Witness at 707-262-4282 to set up an appointment.

For those with questions or who want to apply to the California Victim Compensation Program, Nauman encourages them to visit her agency's Web site at http://vcgcb.ca.gov/victims/ or call 800-777-9229.

California Victim Compensation Program: Lake County statistics, calendar year 2015

Applications received: 132

Applications processed: 128

Applications processed, by decision: Allowed, 123 (96 percent); denied, 5 (4 percent)

Applications processed by crime (listed alphabetically):

– Arson, 0;
– Assault, 53 (41 percent);
– Child abuse, 39 (30 percent);
– Driving under the influence, 4 (3 percent);
– Homicide, 21 (16 percent);
– Kidnapping, 0;
– Not covered or unspecified, 1 (1 percent);
– Other, 3 (2 percent);
– Other vehicular, 0;
– Robbery, 2 (2 percent);
– Sexual assault, 4 (3 percent);
– Stalking, 1 (1 percent).

Types of assistance sought:

– Dental, 0;
– Funeral/burial, $29,482 (20.8 percent);
– Income/support loss, $50,948 (35.9 percent);
– Medical, $17,819 (12.5 percent);
– Mental health, $15,693 (11 percent);
– Rehabilitation, $1,000 (0.07 percent);
– Relocation, $26,688 (18.8 percent).

Grand total of assistance paid to Lake County residents in 2015: $141,629.

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.

Clearlake City Council to take applications for open seat

CLEARLAKE, Calif. – The Clearlake City Council is inviting interested community members to apply to fill a council seat that became open last month as the result of a resignation.

At its Thursday night meeting, the council approved moving forward with inviting applications for the seat formerly held by Denise Loustalot.

Loustalot resigned effective March 25 due to her plans to move just outside of the city limits, as Lake County News has reported.

Loustalot's term expires in November.

Filling the seat by application is the most expedient manner of selecting Loustalot's successor, as explained to the council by City Manager Greg Folsom.

If the council were to call a special election, it still wouldn't go on the ballot until November, when Loustalot's seat would be on the ballot anyway.

By taking applications, the council can have the seat filled much sooner.

California Government Code requires that a notice of the vacancy be posted for 20 days. The law also requires that, within 60 days, the council must fill the vacancy by appointment or call for a special election.

Staff recommended that an ad hoc committee that includes the mayor, vice mayor and planning commission chair review applications and interview applicants, and recommend up to three individuals for consideration by the full council.

The council would then appoint Loustalot's successor by a majority vote in an open meeting, according to Folsom.

At Thursday night's meeting, Joey Luiz, a former councilman, expressed interest in fulfilling the remainder of Loustalot's unfinished term.

The resolution the council adopted directed City Clerk Melissa Swanson to prepare applications for the vacancy.

Those who wish to apply can contact Swanson at 707-994-8201, Extension 106, for more information.

Correction: An earlier version of the story had reported that former Councilman Chuck Leonard also had expressed an interest in the vacant seat. Leonard clarified on Friday that he was not going to apply.

John Jensen contributed to this report.

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.