The meeting will begin at 9 a.m. in the board chambers at the Lake County Courthouse, 255 N. Forbes St. TV Channel 8 will broadcast the meeting live. The agenda is posted online at www.co.lake.ca.us/Government/Boards/Board_of_Supervisors/BOS_Agendas.htm .
The Guenoc Valley College property item, scheduled for 10:45 a.m., is a continuation of a discussion first raised in November of 2006 and again in May of 2008.
College President Fran Peretti says work is still moving forward on fundraising for the college effort, and she opposes the Board of Supervisors taking any action without her college board of directors' advice.
In March of 1998, Orville Magoon, then a major shareholder in the company that owned what is now known as Langtry Estate and Vineyard, donated 1,040 acres from the winery's holdings near Middletown to the Business Outreach and Response Team (BORT) for the purpose of founding a four-year liberal arts college.
Following the March 13, 1998, donation, BORT turned the property over to the county by quitclaim deed on March 24, 1998, and the board passed a resolution accepting the land, according to a county report.
Magoon also had promised to donate another 200 acres of flat land to the college project.
County Administrative Officer Kelly Cox's memorandum to the board for Tuesday's meeting explains that, in the 2006 discussion, there was a question of whether that additional 200 acres, adjacent to the previously donated property, also would be donated for the project.
“It has since been confirmed that no additional property will be donated for the college project,” Cox's report noted. “Without such additional land, it will not be feasible to construct a college at this location.”
Easton Manson, presidents of Malulani Investments – the company which owns Langtry – told Lake County News in an interview in May of 2008 that he believed that Magoon had not donated the 200 acres. He added that the company's property is fully encumbered, and even if they were willing to donate the land – which he said they aren't – they couldn't because of the loans against the land.
Manson, who is reportedly planning to attend Tuesday's meeting, couldn't be reached for comment.
Cox's memo to the the board asks for recommendations on what to do with the property.
Without the 200 additional acres, county officials believe the college can't be built.
Accompanying Cox's report is a three-page memo from Deputy County Counsel Lloyd Guintivano, which explores the issue of what to do with the land, which was donated with a limitation that it be used only for the college project.
Guintivano states more than once that it's “impossible” to construct a college on the 1,040 acres due to its steep topography.
He said the board has three options – start an action in court for declaratory relief to remove the college purpose restriction from the quitclaim deed, use the property for a public purpose that may be related to the college purposes restriction, or take no action and maintain the property's current status.
If the county succeeds in its court action, said Guintivano, it can sell the land without the buyer being subjected to the college purposes restriction. The court also could allow the county to cancel the deeds and transfer it back to BORT or Magoon Estate Limited.
Guintivano recommends the board proceed with court action to remove the college purposes restrictions from the quitclaim deed.
For her part, Peretti has submitted to the Board of Supervisors a resolution from the college board of directors that reiterates what the college considers to be the county's “absolute obligation” to get the addition 200 acres in order to move the project forward.
The resolution states that “nothing can or should happen regarding the land” without the college board's – and Peretti's – direct consultation.
But Supervisor Jim Comstock, in whose district the property is located, is settled about what he thinks is the best course of action.
Comstock told Lake County News that he will suggest the board sell the property back to Langtry Estate and Vineyards, which he thinks is the course of action that makes the most sense.
“In my opinion, it was never going to happen,” he said of the college project.
Comstock said that, without the flat 200 acres, a college can't be built in that location, since the other 1,040 acres are steep and, in his opinion, unbuildable.
The location, distance from services and the current economic times are against the project, Comstock said. “The woulda, coulda, shouldas are over,” he said.
Comstock said he would like to see the county recoup at least the amount of property tax that it hasn't collected on the land in the last 11 years. Lake County News was not able to get an estimate of those tax amounts late last week.
In other news, the board will consider an amendment to the owner office participation agreement between the Lake County Redevelopment Agency and Rural Communities Housing Development Corp. (RCHDC), for the development of a 50-unit affordable housing project located at 6853 Collier
Ave., Nice.
The county entered into an agreement with RCHDC in 2005. The agreement calls for the redevelopment agency to offer RCHDC two loans – one for $250,000 and a second for $998,000.
The amendment includes developing the project in phases, instead of all at once, raising the number of units for very low income households from 10 to 28, and providing an initial advance of $125,000, with subsequent quarterly disbursements to be made following accounting of the previous quarter's expenditures.
Other items on the agenda include the following.
Timed items:
9:15 a.m.: Public hearing, consideration of adoption of proposed resolution conveying personal property (police canine named Shenoe), from the county of Lake to Correctional Officer Hank
Comstock.
9:20 a.m.: Public hearing, consideration of adoption of proposed resolution conveying personal property (police canine named Axle), from the county of Lake to Deputy Richard Ward.
9:30 a.m.: Public hearing, consideration of a proposed change in the lease agreements for commercial buildings on property located at 3605 Lakeshore Blvd., Nice.
9:45 a.m.: Consideration of amendment four to the agreement between the county of Lake and Quincy Engineering Inc. for engineering services for South Main Street/Soda Bay Road Corridor Improvement Project in the amount of $1,082,603.
10:30 a.m.: Public hearing, consideration of proposed resolution approving resolutions and capital fire facility and equipment plans submitted by Lake County fire agencies and updating the Lake County Capital Fire Facility and Equipment Plan. Continued from May 12 and 26.
1:30 p.m.: Order to show cause, sewer service disconnection hearings – Margaret Geary (amount delinquent: $985.25), 16198 28th Ave., Clearlake; David Phillips (amount delinquent: $3,642.86), 5344 Spruce Ave., Clearlake; Francis Simmons (amount delinquent: $935.72), 14241 Woodland Drive, Clearlake; Rainbow Church, c/o Julia Bono (amount delinquent: $299.60), 21065 Bush St., Middletown; David Canafax (amount delinquent: $986.60), 3806 Pearl Ave., Clearlake; Ultra-Shelter Research (amount delinquent: $674.72), 14955 Saroni Parkway, Clearlake; R and V Louis (amount delinquent: $1,834), 15933 40th Ave., Clearlake.
Non-timed items:
– Consideration of appointment to fill vacancy on the Vector Control District Board of Directors.
– Proposed resolution amending the county of Lake’s salary and classification plan for the classifications of Assistant Engineer I/II, Associate Civil Engineer and Principal Civil Engineer.
– Consideration of amendment two to agreement between the county of Lake and Wilsey Ham for engineering services for repair of storm damage sites on Soda Bay Road MPM 7.68-7.70 and four sites on Elk Mountain Road at MPM 3.87-3.89, MPM 8.60, MPM 27.00-27.19 and MPM 27-53-27.55 (an increase of $20,987, for a total not to exceed price of $174,579).
The board also will have a closed session for a conference with the county's labor negotiator.
E-mail Elizabeth Larson at
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