LAKE COUNTY, Calif. – Local leaders are continuing discussions regarding proposed sales tax measures for the local ballot that could bring in revenue to address a variety of serious local concerns, from roads to Clearlake to code enforcement.
The Board of Supervisors last week again discussed whether to pursue a tax for lake maintenance and protections or a road improvement sales tax, with the board once again deciding to put off a decision until it knew what the city councils might do.
Last Thursday night, the Clearlake City Council voted unanimously to pursue its own citywide measure, a one-cent sales tax that would devote 75 percent to roads and 25 percent to code enforcement, with no sunset clause.
The council also supported, by consensus, the county’s lake sales tax proposal after hearing a presentation from Supervisor Anthony Farrington.
Farrington also is set to make a presentation on the lake sales tax proposal before the Lakeport City Council on Tuesday.
At its June 28 meeting, the Clearlake City Council had decided to forgo participation in a countywide road sales tax proposed by the Lake County/City Area Planning Council, which is the regional transportation planning agency.
At that point, any kind of road sales tax for the county looked to be dead in the water. County Public Works Department staff told both the council and the supervisors that state law didn’t include a way for unincorporated counties to implement such measures without the help of a city.
However, when Public Works Director Scott De Leon and his deputy director, Lars Ewing, went before the Board of Supervisors last Tuesday to deliver a revenue plan for how such sales tax revenues would be spent, they said they had discovered a way the county could move forward.
They said the Lake County/City Area Planning Council was proposing a sales tax measure through the California Public Utilities Commission, with the council to be the taxing authority. That pathway required approval from the city councils and supervisors, said De Leon.
De Leon said the alternative was for the Board of Supervisors to implement a sales tax measure under the state Revenue and Taxation Code, which gives the board taxing capability.
Revenue and Taxation Code Section 7285.5 states, “ … the board of supervisors of any county may levy, increase, or extend a transactions and use tax for specific purposes.”
County Counsel Anita Grant said the tax would need a four-fifths vote of the board and a two-thirds vote from the participating voters in order to pass.
She said state law sets a two-cent limit on the amount of local sales tax that can be set over state sales tax. Lakeport has a half-cent sales tax, Measure I, for roads and the city of Clearlake has the half-cent Measure P, which supports the police department.
Supervisor Denise Rushing said there may be two or three such measures competing on the ballot countywide, which will make it difficult for all to pass.
But with fundings sources running out, “We are against the wall,” noted Supervisor Jim Comstock.
De Leon said he understood the concern with competing measures, but he needed a way to maintain the county’s 612 miles of roads.
Farrington said the board was being “very optimistic” about the chances of a road tax passing. He found it problematic to have both lake and road sales taxes on the same ballot.
“I want us to have regional approaches,” he said. “I want to be able to work well with other jurisdictions and I don't want to shoot the city of Clearlake in the foot, either.”
De Leon said a quarter-cent sales tax could generate $1.2 million annually for the lake, while a half-cent would generate $2.4 million annually. Funds would be divided amongst invasives species prevention, mitigation of aquatic weeds and algae, and be used for matching funds for capital projects. He said an expenditure plan would be brought to the board annually.
Farrington said he thinks there is substantial support for a lake sales tax.
Board Chair Rob Brown said he felt the road tax was a more immediate need. Supervisor Jeff Smith, who lives on the lake, agreed with Brown. He said he couldn’t see south county areas like Hidden Valley Lake supporting a sales tax for Clear Lake. Comstock said he believed his south county constituency would support the roads.
“I disagree with pretty much all of you,” Farrington said.
Farrington said he wouldn’t support a road tax, emphasizing the lake’s needs and pointing out that just a few years ago the board was talking about quarantining the lake to protect it from invasive mussels.
“All we have now is a porous sticker program,” Farrington said, with no state support, and growing issues with algae and weeds. He said invasives will bring with them much higher rates for county water users.
“I don't think anybody here disagrees with you,” said Brown, agreeing that there was a need to deal with the potential of a quagga mussel infestation.
“We've spent a lot of money on the lake already the last few years and we still have weeds and algae,” Brown said, adding it would be a false expectation that all the problems can be resolved.
Rushing said her preference would be the lake.
Board members said they wanted to put off a decision until they could get input from the two cities councils. Grant reported that the county registrar said they would need to take action by Aug. 6 to put it on the November ballot.
Brown asked Lakeport City Manager Margaret Silveira, who was in the audience, if the Lakeport City Council would support the road tax proposal.
Silveira said she hadn’t seen the proposed formula, but she said she was concerned that a breakdown De Leon had presented only gave $60,000 to the city, which has high traffic volumes.
“I do agree both measures are very important to the county,” said Silveira.
Rushing told the board, “This is going to be tough, no matter what.”
De Leon said there are other options and formulas for how a road sales tax would be distributed. “We can develop a number of different scenarios.”
Silveira said that would be important to have ready for this week’s Lakeport City Council meeting.
The board is holding a special meeting beginning at 8 a.m. Wednesday in the board chambers to continue its consideration of the sales tax measures.
Clearlake City Council to move forward with sales tax measure
The Clearlake City Council last week decided to pursue a one-cent sales tax, with 75 percent – or an estimated $1,050,000 annually – to go to roads and the remaining 25 percent, or $350,000, to go to code enforcement, which includes animal control services, according to City Manager Joan Phillipe.
As part of the overall sales tax discussion, the council heard a presentation from Farrington on the lake sales tax proposal.
In his pitch to the Clearlake City Council, Farrington explained that the quality of the lake affects tourism for all of the county.
He said the county government had put aside one-time monies totaling $1.3 million for lake-related projects, including weed treatment. However, the funds aren’t available indefinitely.
“After this year there are no more dollars available,” he said.
Farrington acknowledged that he couldn’t pick a worse time to pitch the sales tax proposal, stating he’s never supported such a measure previously in his political career.
However, he pointed out, “We’re at a major crossroads,” emphasizing the need to secure an ongoing revenue stream for the lake.
Mayor Joey Luiz said he had been concerned about the countywide measure, but he acknowledged that the lake is a big issue. Luiz said he was confident that the initiative wouldn’t cause the city’s measure to fail.
“The lake is a huge problem over here,” said Vice Mayor Jeri Spittler. “It is horrifying and we need help.”
Council member Joyce Overton said she had been a member of the Clear Lake Advisory Committee, and she said there needed to be better oversight on lake issues.
“Nobody listens, so how is this going to be any different than what you already have in place?” she asked Farrington.
She said she was “all for the lake,” but feared too many sales tax proposals would doom them all. Spittler, however, said she thought the initiative could pass.
During the council’s deliberations on its own citywide measure, Councilman Curt Giambruno said the city looks terrible, garbage is piling up and something needs to be done on the code enforcement end.
“This community and the county need to get their act together and understand that the money doesn’t fall out of the sky,” he said.
Giambruno said he’s been a part of several previous sales tax measures, but he believed something had to be done. “If we want that smell out of the lake, we’ve got to pay.”
“I always get an extra twinkle in my eye when Curt and I agree 100 percent,” said Luiz.
While the roads wouldn’t completely be turned around if a measure were passed, Luiz said the funding the measure would bring in for roads – just over $1 million – would triple the city’s current road-related spending.
“You’re going to see a difference. I’m optimistic. It’s going to happen,” he said.
At the beginning of the meeting, during public comment, several community members had raised concerns over the city’s stretched animal control services. With animal control under code enforcement, Phillipe said she likely would reorganize staff if the sales tax measure passed.
Luiz said he wants to make sure future councils will put the money toward the streets, and not other uses. “I don’t know who’s going to sit here 10 years from now, 15 year from now.”
Chuck Leonard, a retired councilman, urged the council to make clear to the community that the sales tax primarily would support road reconstruction and potholes, not full paving, which it’s the responsibility of property owners to support financially.
Luiz said he already had a slogan in mind for the effort: “Better roads, cleaner neighborhoods.”
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