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Supervisors vote down appeal of Dollar General store plan for Nice
LAKEPORT, Calif. – A Tuesday vote by the Board of Supervisors will allow plans for a Dollar General store in Nice to move forward.
The board voted 4-1 to deny the appeal lodged by Avtar Singh, owner of Nice Market; Jagtar Singh, owner of Marina Market; and Mohammed Sadiq, who owns the Nice Tower Market, regarding the Lake County Planning Commission's May 8 approval of the store's major use permit.
Board Chair Denise Rushing was the lone dissenting vote. “Community character is the key for me,” she said.
The Nice store will be located at 3539 and 3577 Highway 20. Also on May 8, the commission approved the permit for a store at 13090 E. Highway 20 in Clearlake Oaks, which was not part of the appeal.
The two stores are to be about 9,100 square feet each. They will be part of the burgeoning Dollar General presence in California.
The Tennessee-based “small box” retailer, which sells everything from household goods to clothing and some food items, has 11,000 stores nationwide.
Dollar General entered the California market in 2012, and has since opened a number of stores around Northern California.
Store officials have confirmed that three other Lake County locations – including one in Kelseyville – are being considered for Dollar General stores.
The three Northshore businessmen who filed the appeal spoke at the initial hearing on June 10, telling the board that their stores would be harmed – and they may have to close – if the Dollar General was allowed to enter the community.
They did not speak at Tuesday's hearing. However, board members Jim Comstock and Jeff Smith reported receiving messages from Gary Nylander, whose family has for decades owned the Red and White Store in Clearlake Oaks.
Nylander told the supervisors of his concerns about the Dollar General stores and how they could impact local businesses that contribute to community groups and activities.
Smith suggested that businesses like Dollar General should be required to contribute to the community as a condition of approval.
Supervisor Rob Brown pointed out that many existing local businesses don't contribute.
Lake County Chamber Chief Executive Officer Melissa Fulton said the chamber represents more than 4,000 employees and business owners in the county, noting that more than 85 percent of local businesses are small, mom and pops made up of one or two employees.
However, Fulton spoke in favor of allowing Dollar General to come in, explaining that local businesses have to embrace competition.
“Lake County is either open for business or we're not,” she said.
She asked what kind of message the county would be sending to the outside world by rejecting the store. “Will new business want to look at us? Will they consider us?”
Supervisor Anthony Farrington raised concerns about Dollar General's use of prefabricated metal buildings for its stores, which he suggested meant there would be no local contractors or subcontractors used.
Rushing asked Fulton if she thought the Dollar General would bring quality jobs and if it would eliminate existing jobs.
Fulton said jobs that would pay more than minimum wage would have to be created in order to pay for managers.
Lakeport businesswoman Nancy Ruzicka supported granting the appeal, saying that during a recent visit to rural Nebraska she had seen a small town impacted by a Dollar General.
Community Development Director Rick Coel explained to the board that Dollar General always uses prefabricated metal buildings for their stores unless they are going into existing malls.
Dan Dover of Cross Development, who submitted the applications on behalf of Dollar General, said that they do use local subcontractors on building jobs, but they have to be competitive.
Rushing said she wouldn't have an issue with Dollar General if it paid living wages to employees and was consistent with community character. At the same time, she said she was in a difficult spot, because not a lot is going on in Nice. She pointed out that no economic impact analysis was done.
Brown asked what was a living wage, with Rushing suggesting that it was about $12.50 an hour or above locally. Brown said they would have to close the county government down if that were the issue, with Rushing replying that she has a problem with part-time county employment for that reason.
Comstock moved to deny the appeal, with Smith seconding and the board voting 4-1 at the end of the half-hour discussion.
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Konocti County Water District to declare emergency, implement water rationing
CLEARLAKE, Calif. – Clear Lake's very low water levels combined with demand that's outstripping the water supply is leading the Konocti County Water District to prepare to implement water rationing and a districtwide emergency.
District General Manager Frank Costner told Lake County News that the crisis situation is necessitating the emergency measures, which the district hasn't had to take in the past 30 years.
Costner said the district will host a special meeting on the emergency declaration and rationing at 1 p.m. Wednesday, June 25, at the district offices, 15844 35th Ave. in Clearlake.
He said county public health and emergency services officials, as well as representatives of the city of Clearlake, are expected to attend the Wednesday meeting.
The district serves the areas within Clearlake's southeastern limits, with more than 2,000 connections and about 4,500 residents in its service area, according to county documents.
Konocti County Water District draws water from Clear Lake, which it then treats and distributes to customers. Costner said the district has a 2,500-acre-per-foot contract with Yolo County Flood Control & Water Conservation District, which owns the water rights to Clear Lake.
Costner said several serious problems emerged about three weeks ago for the district, which is now in crisis and needing its customers to conserve water.
For one, Costner noted, “The quality of the lake water is really bad.”
He added, “It's low, it's shallow and it's warm,” and as a result the lake is producing a lot of algae – much more than is normal, Costner said.
Costner – who has been the system's general manager for 10 years, and worked for the district 27 years total – said he's never seen the lake as low as it is now, and suggested things are as bad – or worse – than they were during the 1970s drought.
A comparison of current Clear Lake levels and those from 1976 through the US Geological Survey – full 1977 records were not available – show the lake's levels this year actually have been lower on a monthly average than they were in 1976.
However, partial 1977 records through the Lake County Department of Water Resources show that year's levels are still far lower than 2014's.
The current low water level is leading to another concern. “We’re having a hard time keeping up with the demand of the system,” Costner said.
The district is almost at the point where they're going to only be able to produce nonpotable water, which doesn't meet drinking water standards. Costner said that will mean boil water notices will have to be issued for customers if the district can't keep up with the demand.
Costner said he believes that one of the reasons that water demand is so high is because of a large number of marijuana grows in the Avenues area of the city.
There's also the issue of water theft, he said, with people stealing from standpipes and water hydrants.
Over this past weekend, 1,000 gallons of water was stolen from a metered hydrant, Costner said.
Costner said his district is getting mutual aid from the nearby Highlands Mutual Water Co. The two districts share an intertie, through which Konocti has been getting several thousand gallons of water a day. Golden State also is offering mutual aid.
The Clearlake Oaks County Water District has volunteered operator relief, he said. That district's staff informed its board last week of the assistance being offered to Konocti County Water during its crisis situation.
On Thursday evening, Costner is set to give a verbal report on the district's Wednesday meeting, its emergency declaration and water rationing measures to the Clearlake City Council.
At that point, the council will consider giving city staff direction for possible followup measures, according to the council's agenda.
The Konocti County Water District can be reached by telephone at 707-994-2561.
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Dollar General appeal, veteran services officer appointment on board agenda
LAKEPORT, Calif. – The Board of Supervisors this week will once again take up an appeal of a major use permit for a new small box store in Nice and consider appointing a new veteran services officer.
The board will meet beginning at 9 a.m. Tuesday, June 24, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.
At 9:45 a.m., the board will continue a discussion that it began at its June 10 meeting regarding the appeal by three Northshore store owners – Avtar Singh, Jagtar Singh and Mohammed Sadiq – of the Lake County Planning Commission's May 8 approval of a major use permit for a new Dollar General store, to be built at 3539 and 3577 Highway 20 in Nice.
In an untimed item, the board will consider a staff recommendation to appoint Saul Sanabria, assistant veteran services officer, as veteran services officer effective July 1.
If appointed, Sanabria will succeed Bob Penny, who retired earlier this year.
Also on Tuesday, at 9:30 a.m., the board will consider a request from Health Services to allow the five Lake County fire districts a 90-day extension of their current ambulance permits in order for them to complete the formation of a joint powers agreement and receive approval from county counsel to act as a single permittee.
The full agenda follows.
CONSENT AGENDA
7.1: Approve minutes from the Board of Supervisor meeting held June 10, 2014.
7.2: Approve a special meeting of the Board of Supervisors on Tuesday, July 1, 2014, at 6 p.m.
7.3: (a) Approve waiver of County Policy and Procedure, Section 15 - Travel Policy - Section 1.4 F Claiming Requirements; and (b) Authorize reimbursement of $89.25 (Jim Isherwood $17.16 and April Giambra $72.09).
7.4: Waive 900-Hour limit for extra help employees: Deputy Sheriff Hart Gall and Asst. Emergency Services Coordinator Willie Sapeta.
7.5: Approve amendment four to agreement with MGI for FY 13-14 background services, an increase of $10,000, and authorize the chair to sign.
7.6: Adopt resolution approving right of way certification for the purpose of upgrading existing warning signs and pavement markers on Soda Bay Road and Butts Canyon Road - Federal Project No. HRRL-5914 (086) and authorize the hair to sign.
7.7: Approve agreement between Cintas Document Management and Lake County Department of Social Services for FY14/15-FY16/17 master shredding service in the amount of $3,718 per year and authorize Social Service director to sign.
7.8: Adopt resolution amending Resolution No. 2009-41, increasing the Special Districts Administration Operating Change Fund by $300 and authorize the chair to sign.
TIMED ITEMS
8.2, 9:15 a.m.: (a) Presentation of Tobacco Education Program; and (b) consideration of resolution approving the county of Lake Health Services Department's request to become a smoke-free department and authorizing the Health Services director to establish and implement a departmental policy.
8.3, 9:30 a.m.: Consideration of Health Services requests of board approval allowing the five Lake County fire districts a 90-day extension of their current ambulance permits in order for them to complete the formation of a JPA and receive approval from county counsel to act as a single permittee.
8.4, 9:35 a.m.: The Board of Supervisors adjourns and convenes as the Lake County Housing Commission Board of Directors. Consideration of (a) Revised Lake County Housing Commission Section 8 Housing Choice Voucher Program Budget for FY 13/14; (b) Lake County Housing Commission Section 8 Housing Choice Voucher Program Budget for FY 14/15; and (c) Section 8 Administrative Plan Update of May 6, 2014.
8.5, 9:40 a.m.: Adopt resolution authorizing submittal of an application to the California State Department of Housing and Community Development for Funding Under the CalHome Program; and authorize the Social Services director to execute the agreement.
8.6, 9:45 a.m.: Carried over from June 10. Consideration of appeal (AB 14-02) of the Planning Commission's approval of major use permit (UP 13-09) for Dollar General Store, 3539 and 3577 State Highway 20, Nice (APNs 032-262-30 & 31); appellants are Avtar Singh, Jagtar Singh and Mohammed Sadiq.
8.7, 10 a.m.: Hearing, nuisance abatement for 15230 May Hallow Road, Lower Lake (APN 122-012-18 - Ronald Shanko).
UNTIMED ITEMS
9.2: Update and consideration of recommendations from the Space Committee related to the Lower Lake Bank Building and proposed expansion at Social Services' Anderson Ranch facility.
9.3: Consideration of options for the Lucerne Castle Swimming Pool.
9.4: Consideration of request to add PSA 26 Area Agency on Aging to the county's liability policy as an additional covered party.
9.5: Consideration of agreement with Lewis, Brisbois, Bisgaard and Smith, LLP for retention of specialized services – coverage counsel.
9.6: Consideration of EAP/Wellness Coaching Program for Employees.
9.7: Consideration of staff recommendation to appoint Saul Sanabria, assistant veteran services officer, as veteran services officer effective July 1.
9.8: Consideration of (a) ordinance adding Article XI to Chapter 15 of Lake County Code Regulating Permitted Events in County Parks; and (b) regulations on the use of county property for special events/activities.
9.9: Consideration of amendment one to agreement between the county of Lake and GLASS ARCHITECTS for Facility Design Services for Behavioral Health Clearlake Facility Expansion in Clearlake and authorize the chair to sign.
9.10: Consideration of staff recommendation to implement credit card payment processing at Special Districts and authorize Special Districts administrator to sign contact with Paymentus Corp.
CLOSED SESSION
10.1. Conference with Labor Negotiator: (a) county negotiators: A. Grant, L. Guintivano, S. Harry, M. Perry, A. Flora and C. Shaver; and (b) employee organizations, Deputy District Attorney's Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officers Association and Lake County Safety Employees Association.
10.2. Conference with Legal Counsel: Significant Exposure to Litigation pursuant to Gov. Code Section 54956.9 (d)(2) (e) (3) – Claim of MSP Communications/Delta Sky Magazine.
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County announces increase in landfill rates
LAKE COUNTY, Calif. – Landfill fees are about to rise, Lake County Public Services reported on Friday.
Pursuant to a multi-year fee schedule adopted in 2011 by the Board of Supervisors, gate fees at the Eastlake Landfill will be going up starting July 1 to offset the costs of landfill operations and increasing and costly compliance regulations, the agency reported.
The tonnage rates will go up 6 percent from $48.22/ton to $51.12/ton. Volume rates for loads up to 5 cubic yards will go up from $6.85/cy to $7.75/cy.
The minimum gate fee will remain at $5, and prices will not change for individual materials such as couches ($10), mattresses ($10-15 depending on size), 30-gallon bags or cans ($2 each), 55-gallon cans ($4 each), and 96-gallon cans ($6 each).
Even with the approved increase, Public Services said the Eastlake Landfill will have considerably lower rates than surrounding landfills which charge tipping fees in the $60-75/ton range.
Landfill rates will be passed through by the franchise haulers to their curbside residential and commercial customers, Public Services reported.
Beginning in July 2014 residential customers can expect to see a slight increase to pass through the new landfill increase on their billing statement (about 1 percent increase) for a standard 32-gallon service in the unincorporated areas.
Commercial customers will see about $3 to $4 per monthly increase for a 4-cubic yard bin picked up weekly for the pass-though cost of new landfill increase.
Customers' total charges depend on the location, size and frequency of service.
The transfer station operated by Lake County Waste Solutions in Lakeport also will pass through the landfill increases.
Lakeport Transfer Station rates
- Tonnage rate: $ 59.80/ton
- Volume rate: $ 8.10/cy
- Mattresses/couches: $15 each
- 30-gallon cans/bags: $2.50 each
- 55-gallon can: $4.50 each
- Minimum fee: $6.25
At the same time the multi-year rate increase was approved in 2011, the Board of Supervisors approved a five-year contract with Solid Waste Solutions (SWS) to bring about 65 tons per day of refuse beginning in January 2012 from the Ukiah transfer station which they operate for the city of Ukiah.
This contract generates approximately three transfer trucks per day Monday through Saturday traveling from Ukiah via Highway 29 and Highway 53.
The money produced by the five-year contract allows the county to return to the same level of disposal and income that was produced in 2006, Public Services said, and replenishes the solid waste reserves that are required for the planned expansion of the landfill into adjacent property already owned by the county.
That design process must begin in the next couple of years. The cost for this expansion is estimated at $3 million to $5 million.
Increased revenue will also provide funding for a state mandate that requires all landfills to install a landfill gas system for monitoring and potential conversion of gas to energy at an estimated cost of $3 million.
The revenue from the five-year import contract removes the burden on the local residents and businesses to cover these compliance and expansion costs, Public Services said.
With the import option approved, local ratepayers will see a gradual increase in rates as outlined above to cover only the $500,000 annual shortfall for normal operations. Had the import option not be approved, the impact on local ratepayers would have been significantly higher, Public Services reported.
To achieve the same level of revenue that will be brought in by import, rates would have had to go up by 95 percent immediately, an option that neither staff nor a majority of supporters supported in the fragile economy.
Once the initial five-year contract period has expired, the smaller local increases that were implemented in the previous five years will place the county in a better financial condition to cover its operational and compliance costs and allow the county to determine if an additional five-year import extension is in the best interest of the county.
For more information on landfill rates, please contact Caroline Chavez at the Public Services Department at 707-262-1760. New rate sheets are being distributed to customers at the Eastlake Landfill.
For more information on curbside rates, contact your franchise hauler.
More information on county franchise haulers, programs and recycling opportunities can be found on the county’s recycling Web site at www.recycling.co.lake.ca.us .
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