Clearlake council approves temporary dispensary ordinance, city budget

CLEARLAKE, Calif. – Budgets, transparency and medical marijuana were some of the topics covered at the Clearlake City Council's sometimes heated two-hour meeting last Thursday evening.


During public comment at the start of the Oct. 28 meeting, the tone seemed to get established when council candidate Joey Luiz confronted Mayor Judy Thein over her recent commentary in the local media that criticized Supervisor Anthony Farrington for comments he made in a board meeting regarding negotiations with the city.


Farrington and County Administrative Officer Kelly Cox met early last month with Thein and Clearlake City Administrator Dale Neiman to discuss the possibility of the city contributing funds to upgrade the Southeast Regional Wastewater Collection System. But Farrington had questioned the offer that Neiman had made and his withdrawal, about a week after that meeting, of the offer.


Thein wrote a commentary criticizing Farrington's comments, and Luiz criticized Thein for her comments and also criticized the council for not meeting with the board in a public forum so the community could take part. “I see that as a big disservice,” he said.


Thein, noting that only 60 protest letters to the wastewater collection system's rate hike were submitted by the community, said she objected to Farrington's representations of the meeting.


“It's time I stand up for our city,” she said, announcing she planned to read her full commentary into the record, a statement greeted with a loud boo from another council candidate, Jeri Spittler, who was sitting in the audience.


Thein spent about nine minutes reading the commentary, which can be found here: Thein: Setting the record straight about city, county sewer negotiations .


“I will never change what I feel about the city of Clearlake,” Thein said after she finished reading the document.


Councilman Roy Simons told Thein he believe she had set a precedent about speaking at length in response to derogatory remarks. Thein disagreed.


The council then held a brief public hearing on an urgency ordinance to extend for another 10 months and 15 days a temporary moratorium on new medical marijuana dispensaries. Some community members felt the length of time the ordinance would be in place was too long in light of a possible passage of Proposition 19. That measure on the Nov. 2 ballot would legalize and tax cannabis in California.


In response to the criticism of the measure, Vice Mayor Joyce Overton said, “I'd like to make something clear here.”


Overton said the city has worked on zoning for medical marijuana dispensaries for some time, and that they can wrap up the work quickly after the election. “It's not something that's going to go a year.”


Added Simons, “Simply put, when all the cards are on the table, we'll make a decision.”


The council approved the ordinance 5-0.


During a discussion on accepting the city's final budget, Neiman said the city can only affect its bed and sales tax revenues, and showed comparisons with other cities of similar size that get more in those streams of revenue.


He said one way to improve those numbers was the proposed regional shopping center, which has annual sales estimated between $30 million and $40 million, which would bring in between $450,000 and nearly $600,000 in sales tax revenue for the city annually.


However, due to a lawsuit by the Sierra Club Lake Group, the project can't be online for about four years, as opposed to the original estimate that it would be under way next year, said Neiman.


Neiman said the city has sought to improve its efficiencies, and has completed $7.7 million in capital improvements – including street projects – over the last three years, thanks to grant funding.


Overton said she had been watching the finance department's performance over the last three to four months, and she wanted to make changes.


At that point, Neiman informed the council that Finance Director Roy Mitchell had resigned and left the city that same day. Overton said that was the change she had wanted to make.


She suggested the city create a senior accountant position and promote a talented staffer rather than fill the finance director position. Neiman said he thought the new council, the composition for which will be determined on Tuesday, should make the decision.


During public comment, Spittler sped through a series of questions about the budget, questioning the need for so many police officers, suggesting retirement amounts should be cut and asking about the deficits in certain funds.


Thein pointed out that Spittler had attended the budget hearing last month and that they had gone over all of those points then.


When Spittler ran past her alloted three minutes of public comment, another council candidate, Ray Brady, picked up where she left off, then he was followed by Aqeela El-Amin Bakheit and then Luiz.


Community member Rick Mayo questioned why Neiman is preparing city budgets. “He wears too many hats.”


Replied Thein, “We have no staff, in case you haven't noticed.”


Overton attempted to answer many of Spittler's questions, explaining that Proposition P, the half-cent sales tax community members approved more than a decade ago to improve police services, was why the city had one officer for every 500 people, rather then one for every 1,000 residents, which Overton said she felt was “ridiculous.”


As she tried to answer other questions, Spittler continued calling out questions from the audience.


Overton also noted that Neiman was saving the city money by taking over additional jobs, including the community development director post.


Simons also criticized Neiman having so many roles, saying, “No one man can run the whole show.” He added that despotism does not work, “here or anywhere else.”


Thein asked where Simons was proposing they get the money to hire more staff. “You find the money and I'll be glad to do it,” she said.


Simons replied that the city was making no effort to bring back tourism. “That's your opinion,” Thein replied.


The council approved the city's budget 4-1, but continued a decision on the redevelopment agency budget, which Neiman needed more time to refine.


The discussion about the redevelopment budget also included a suggestion by Thein not to fund the Clear Lake Chamber of Commerce, which receives $20,000 annually from the city. Several community members defended the allocation.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

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