During the meeting, held last Thursday, City Administrator Dale Neiman explained that Wal-Mart – located on Dam Road Extension off of Highway 53 – had applied in the summer of 2008 to expand the store and its grocery section by 40,000 square feet.
“We told them they had to do an environmental impact report,” said Neiman.
Last April, the city issued a request for proposals for a consulting firm to conduct the environmental impact report (EIR), Neiman said. He and planning consultant Melissa Floyd chose the firm Environmental Science Associates, whose estimate for the project is $218,997, according to city documents.
From May onward, Neiman said the city has been negotiating four separate agreements – reimbursement and project consultant agreements with Wal-Mart, and two consultant agreements.
Neiman said the city has had difficulty agreeing with Wal-Mart on indemnification terms contained within the project consultant agreement.
“If we get sued they cover the court costs and we don't,” he said. “They wanted some provisions in there that we wouldn't agree to. That took about a month and a half to resolve.”
In addition to suggesting Environmental Science Associates to complete the environmental report, Neiman said staff recommended hiring the firm Keyser Marston to do an urban decay analysis.
According to Neiman's written report to the council, the California Environmental Quality Act (CEQA) doesn't require that potential economic impacts for a project be assessed. However, a 2004 lawsuit in Kern County resulted in the state requiring an urban decay analysis to look at project impacts. Such an analysis must look at potential store closures and potential environmental impacts if the vacant space isn't leased or sold.
Councilman Roy Simons said he's never been in favor of “big box” stores for communities like Clearlake, because he's concerned about the impacts on local business. “Let the little guys live here.”
“They filed an application and by law we have to process it,” Neiman explained.
Neiman said Simons' concerns will be discussed about three to five months down the road, as the process advances.
No public comment was offered, and Council member Joyce Overton made a motion to approve the four agreements. Council member Judy Thein seconded, and the agreements were approved in a 5-0 vote.
In other council action, proclamations were presented to honor the numerous city volunteers who assist Clearlake Police, volunteer time for TV8, take part in the Planning Commission and providing other city services. A proclamation also acknowledged Red Ribbon Week this year.
The council also approved assessments on several nuisance abatement cases and approved homebuyer guidelines for the HOME Investment Partnership Program. A request by Wendy Fetzer to waive administrative fees in a nuisance abatement case was pulled by Fetzer.
After a lengthy discussion on a proposed policy for rental fees for the Highlands Senior Center and the city's parks, Neiman said he would bring back a new proposal for how to determine the fees at a future meeting.
E-mail Elizabeth Larson at
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