The council approved the second reading of an ordinance to rezone the 292 acres that will be home to the Provinsalia development – proposed to be built at 17012, 17055 and 17065 Dam Road – from “resource protection” to “specific plan.”
The project, proposed by Lake County Resort Partners Inc., is slated to include 565 single-family homes, 100 condominiums and a nine-hole golf course.
The vote was 3-2, with Council members Roy Simons and Joyce Overton voting no.
The council had approved the ordinance's first reading on Feb. 26, after which several community members had complained that the council had broken the Brown Act by failing to allow more public comment. The council had held a previous public hearing on Feb. 12.
At the council's request, City Attorney Malathy Subramanian prepared a report to examine the allegations of Brown Act violations. Subramanian opined that the council had done nothing wrong, but suggested they should consider taking additional public comment.
Council member Judy Thein noted that some constituents felt the council should rescind their previous approvals on the project and roll the process back to hold more public hearings. She asked City Administrator Dale Neiman how much that might cost the city.
Neiman said if they rescinded previous actions the property would go back to resource protection planning zoning, which would substantially increase the possible housing there and make an environmental impact report necessary, which could cost $250,000.
During public comment, Spring Valley resident Hank Montgomery – a member of the Konocti Unified School District Board who cautioned he wasn't speaking for the board – told the council, “I think it's important to talk a little bit about the facts.”
He said the impression has developed that the Konocti Unified board is against the project. Montgomery said they took a position last year on Provinsalia in reaction to traffic concerns, when the plan previously had routed traffic down Lake Street, in front of Lower Lake Elementary School and Lower Lake High School. At that point, they were concerned about safety for children.
Montgomery said they also have facilities to accommodate new students the project might bring, citing the board's recent decision to close a school. “So I don't really think that's an issue.”
Noting he's also a general contractor and Realtor, Montgomery said construction has been critical to the local economy, and the school district has even developed a construction tech program. “I'd just like you to keep in mind the economic benefit to our community of projects such as this,” he said.
Walter Cole, president of the Konocti County Water District Board, said his district would serve Provinsalia – which is in its sphere of influence – with water, and has more than enough to do so. Cole, who said he's worked as a subcontractor, also voiced his support of Provinsalia. “This is a good project.”
Neiman said the city would need to make an application to the Local Area Formation Commission (LAFCO) to have Provinsalia admitted to the district's boundaries.
“This project would be a benefit to the water district,” said Neiman, explaining it would build a one million gallon water tank, and improve treatment and system lines.
Clearlake resident Bill Shields asked about LAFCO membership, pointing out it has council members on it.
Supervisor Jeff Smith, who sits on LAFCO, explained that the water company will have to go through steps to make sure they can serve the customer base in order to gain approval for the annexation.
He pointed out that LAFCO had denied an annexation request from Lakeport at one point due to concerns about their ability to serve new residents. “It's not just a slam dunk thing.”
Ed Robey, retired District 1 supervisor and a former LAFCO member, explained that LAFCO includes two members from the Board of Supervisors, a member from each city council, a representative from Lake County Special Districts and a public member, plus an alternate for each spot.
Robey said that while the water issue is important in discussing Provinsalia, he added, “The sewer capacity issue is a valid issue.”
Returning to the microphone, Cole said Konocti County Water District has 2,500 acre feet of water available to it, and uses only 650 acre feet at this point. “You could throw in Lower Lake and it still wouldn't bother us.”
Overton asked Dick Price, who represents Lake County Resort Partners Inc., to come forward because she wanted to disclose a conversation they had about the project.
She said she had spoken with him about public access to trails along Cache Creek that will be included in the project. Overton said they came to an agreement that the developers will put in the trail system in the first phase to give the public access.
“The developers are going to be a doing a lot of things for our community that even I wasn't aware of,” said Overton, noting the planned upgrades to the sewer system and pump stations.
Neiman said if the sewer system isn't dealt with, they could have a hookup moratorium. “The project could be part of the solution.”
Overton asked about The Geysers, where the city's wastewater is sent for injection into the geothermal steamfields. If an earthquake shut down The Geysers, “We don't have the capacity right now to hold this,” she said.
Neiman said they'll have a large storage pond, but noted that if The Geysers went down forever “it would be a humongous issue.”
Smith said that Lake County Special Districts has a backup plan in case of emergency, and noted that wastewater systems in use before The Geysers wastewater injection began are still intact.
He said the city of Santa Rosa also is planning another huge injection project in the steamfields. “There's a lot more capacity still up there.”
Thein said everyone is entitled to their own opinion as far as Provinsalia is concerned. There have been negative accusations by its critics, and the council also has been threatened by recall because of it. She said to cave in to those threats would be a compromise of value and integrity.
Overton thanked people for their comments on the project. “This is a hard decision because we're not going to please everybody.”
She added, “At this point in time I feel this project is beneficial to the community in a lot of ways” but it still has problems that she wants to see fixed.
Overton said she wasn't in support of the project now but hoped eventually her concerns can be worked out and the project can make the city proud.
Simons said there's a conception that increasing population and taxes makes a community prosperous, which he said couldn't be farther from the truth. “Housing, especially rapid housing, can be terribly demanding.”
Mayor Chuck Leonard offered his support for Provinsalia.
“I think this is a tremendous stimulus to the community,” he said, adding that it will create jobs and is a good use for a beautiful property.
Councilman Curt Giambruno also noted that he's very happy with the project, and moved to approve it, with Thein seconding. The vote was 3-2.
In other council business, the council gave Neiman direction to continue work with the state on a work plan that proposes instituting universal garbage collection throughout the city. The state has hit the city with a compliance order for failing to divert 50 percent of its trash from the landfill to recycling.
E-mail Elizabeth Larson at
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