Councilman Roy Simons was not at the meeting due to a hospitalization, according to Mayor Judy Thein.

She told Lake County News that Simons, who is 84, was under observation at a Santa Rosa hospital after reporting pains in his side. He is was expected to be released on Friday and return home.

The delay has caused concerns that the city might not meet its tight timeline for action on the plan, which – along with the city's redevelopment agency – shuts down on July 9, according to City Administrator Dale Neiman.

Neiman told the council at previous meetings that extending the redevelopment plan is estimated to bring in $42.2 million in affordable housing and public infrastructure funds for the community.

Because of Simons' absence, at Thursday's meeting Neiman advised the council to pull all three agenda items dealing with the plan extension and call a special meeting for 6 p.m. Monday, June 28.

Councilman Chuck Leonard moved to continue the discussion until June 28, which was approved by a vote by he and Mayor Judy Thein.

Vice Mayor Joyce Overton and Councilman Curt Giambruno were required to abstain due to potential conflicts of interest; both have had to sit out the discussions because their homes are within the redevelopment area.

Thein's home also is in the redevelopment area, but a legal “rehabilitation” process was performed earlier this year in order to allow her to vote and give the council a quorum, as Lake County News has reported.

Speaking during the public comment period, businessman Samir Tuma was concerned that the council may not be able to vote before the redevelopment agency ends, which he suggested rose to the level of an emergency.

He urged the council to discuss the matter with the city attorney and find a backup plan in the eventuality that Simons isn't available to attend the Monday meeting.

Neiman said he had discussed such a scenario with City Attorney Malathy Subramanian several months ago. “Unfortunately, if Roy is sick and he can't be here, it doesn't pass,” Neiman said. “That's the way the rules are.”

Tuma suggested Neiman look for other legal advice, nothing that he works with government in another jurisdiction and has been advised there are alternatives.

Neiman said he planned to explore other possibilities.

Simons has not made clear publicly how he stands on the redevelopment plan extension. At a June 7 special meeting numerous community members who spoke in favor of extending the plan addressed their comments directly to him, which caused him to respond that they didn't know how he is going to vote.

The three members of the council who can vote on the issue – Thein, Simons and Councilman Chuck Leonard – must unanimously approve the extension or it doesn't pass, as Neiman explained.

Simons has crossed swords with Neiman at past meetings over his interpretation of how the plan should be approved, stating that he believes it needs to be done by a public referendum, not a council vote.

Council gets update on ABC grant, new finance director introduced

In other council news, Sgt. Tim Celli and Officer Mike Ray of the Clearlake Police Department presented to the council an update on the department's use of an Alcohol Beverage Control (ABC) grant.

They explained that the grant was meant to purchase equipment, and train and pay officers for working on alcohol-related issues, including reducing underage drinking.

Ray said one of the goals was to reduce the number of alcohol-related calls to the department, which he said have gone down.

Compliance checks of businesses to make sure they were following ABC rules revealed only minor problems, with no city businesses receiving fines or citations, Ray said.

In addition, Celli said they've worked with establishments to reduce ABC-related problems. In 2009 officers responded to one business 81 times, but so far this year haven't responded to once, he said.

Thein thanked the officers and Clearlake Police on behalf of Team DUI, a group she helped found, for their work.

Police Chief Allan McClain said ABC was very impressed with what the department accomplished, and other agencies now are trying to emulate their success.

“They're done an outstanding job,” he said of the officers.

However, McClain pointed out that cuts to the department have resulted in the men being taken off of a crime suppression unit and put back on patrol.

Also on Thursday, the council introduced the city's new part-time finance director, Roy Mitchell, brother of Cristallago developer Mark Mitchell and the former finance director for the city of Fort Bragg. Mitchell said he's known Neiman since he was city manager for Fortuna.

“I'm glad to be here,” Mitchell said. “It's been a very warm welcome from the staff here.”

Thein said there was no reportable action out of closed session, in which the council discussed new terms for Neiman's employment – which was reduced to half-time as part of budget cut measures – and labor negotiations.

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Teresa Thurman, owner of U Wanna Camp, located at 2699 Scotts Creek Road in Lakeport, appealed the September 2009 notice of violation served against the property by county officials.

Community Development Department staff told the board Tuesday that they issued the violation because of longterm occupancy of RV spaces at the campground, which has an expired use permit, as well as the use of the facility as a permanent living facility.

Last year the Board of Supervisors directed county staff to begin working on bringing into compliance resort and motel facilities that weren't adhering to their permitted uses, as Lake County News has reported.

Thurman's attorney, Steve Brookes, said that, for some reason, Thurman's RV park “floated to the top” of that group of businesses.

He said Thurman was trying to play by the rules, and that she also was working with the state department of Housing and Community Development, which he said doesn't work with such facilities if they're out of legal compliance.

Thurman said she has put a lot of money into the property, and she became tearful as she recounted obstacles she believed county staff had put in her way.

She said she had to do an expensive archaeological study, and then was told she needed to do a lot line adjustment.

Thurman said she wouldn't have put money into the property if she had been told it wasn't actually an RV park. “I don't buy mobile home parks and I don't buy campgrounds,” she said.

She suggested she was on a “hit list.”

“How did I end up No. 1?” she asked, telling the board that the county action to change her operations could result in her property being devalued to one-fourth of what it's worth.

When asked about her longterm vision for the property, Thurman said she never wanted it to be a mobile home park.

Board Chair Anthony Farrington assured Thurman she wasn't being singled out, and explained that there are a number of out-of-compliance properties that the county is considering.

Community Development Director Rick Coel offered to fast-track a new campground use permit for Thurman as one way of addressing the compliance issue.

Supervisor Rob Brown suggested there was more negotiation that needed to be conducted with Thurman over what should be done, adding that he didn't think the board could make a decision at that point.

Thurman said she may need to sue the county over the action, claiming that she can't make her payments if she isn't able to operate her property has it has been operated.

By bringing up the potential for litigation, “that triggers a whole different process to us,” said Farrington, who suggested that the litigation threat may need to be taken up in closed session.

Coel suggested the board could reject Thurman's appeal and have her apply for a new use permit. He said his department could then give her a three-year phaseout period to move from longterm residences to transient occupancy.

He noted the property is located in an important tourism area, at the gateway to Cow Mountain.

Brookes asked the board to continue the matter in order to allow him to look further at staff's proposals.

Farrington suggested to Thurman that work on the upcoming Lakeport Area Plan update might also help her and her permitting and zoning concerns.

The board agreed to bring the appeal back for further discussion and possibly a decision on Aug. 17.

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The unanimous board vote to approve the first of four alternatives came after a few hours of discussion and public comment, and was notable for going against a June 2 vote of the Spring Valley Community Service Area's advisory board, which chose alternative four, a $2 million plan to drill new wills along Old Long Valley Road.

The process so far has cost a lot of time, money and – at least on the part of the valley's residents – patience.

“It's like purgatory, wondering which way it will go,” said Helen Mitcham, an advisory board charter member who said the committee's June 2 vote had surprised her, and that the community didn't want to roll the dice on the potential for litigation over the well drilling proposal.

The discussion would lead Board Chair Anthony Farrington to paraphrase Benjamin Franklin, noting “We know the worth of water when the well is dry.”

Issues with Spring Valley's water system have been ongoing. In 2006 the Board of Supervisors adopted an urgency ordinance for water conservation restrictions, and in November 2008 implemented a hookup moratorium for the valley's drinking water system, as Lake County News has reported.

In July 2009, the state Department of Water Resources included Spring Valley in a list of small water systems vulnerable to drought.

Special Districts Administrator Mark Dellinger told Lake County News on Wednesday that the process of getting to a decision has been a long because the well field alternative required additional biological and archaeological studies.

“We also completed a groundwater resource assessment that included well canvassing, an extended pump test and creation of a hydrological model to assess impacts from the project on Old Long Valley Road residents,” he said.

“The report also recommended monitoring and mitigation measures – all of which we agreed to,” he added. “We held two meetings with the residents to discuss the project and the results of the hydro report.”

Dellinger went to the supervisors Tuesday requesting they direct staff to pursue either alternative one or alternative four, one of which was needed because the Spring Valley water system is under a state compliance order to make improvements.

Of the four alternatives, alternative one, at approximately $1,831,500, is the least expensive. It calls for installing a slow sand filtration system, with an annual projected operation and maintenance cost of $261,173, compared to $324,182 for alternative four.

Other proposals were alternative 2A, rapid sand filtration, $2,656,500 with annual operation and maintenance costs of $359,722; alternative 2B, rapid sand filtration and slow sand filtration, $2,545,500, annual operation and maintenance, $359,722; and alternative three, microfiltration, $3,118,500, annual operation and maintenance costs, $368,333.

Dellinger said that once an alternative is selected, a rate increase for Spring Valley's residents will be refined.

Projected bimonthly rates for the alternatives were $130.70 for No. 1, $188.63 for No. 2, $202.02 for No. 3 and $141.66 for No. 4. The current system costs rate payers $129.01 bimonthly.

He told the supervisors that at the June 2 advisory board meeting, community members who attended were almost unanimously in favor of alternative one, while the advisory board itself voted for alternative four. That, he suggested, might make the supervisors' decision harder.

“I don't think we can afford to wait too much longer on this,” he said.

While Dellinger noted that the well drilling proposal made excellent sense, he also didn't believe the county could afford time delays and possible litigation that might result from it, which also were concerns for District 3 Supervisor Denise Rushing.

“It was disappointing to me that we didn't all agree,” said Rushing of the June 2 advisory board meeting, which she attended.

A letter to Rushing from Spring Valley resident William Tett, and included in the supervisor's Tuesday packet, stated that at the June 2 meeting Old Long Valley residents stated that they had hired an agricultural law firm to stop the loss of their aquifer – which would be impacted by alternative four.

Rushing reportedly had asked for a straw poll of community members at the advisory board meeting, with more than two dozen of them supporting alternative one, according to e-mails the supervisors received from Mitcham and Cherylyn Nutting.

Advisory board members – including board chair James Hershey and secretary Toni Field – who spoke to the Board of Supervisors Tuesday emphasized their concerns about having a safe and plentiful water supply for the community's future, which they believed alternative four offered.

Hershey said the fourth alternative would help address carcinogens in the community's water sources – in this case, trihalomethanes – while Field said the community needed a second source of water.

An e-mail Hershey sent to Rushing on June 17 also pointed to “a somewhat regular pattern of periodic drought occurring in the Indian Valley Reservoir drainage.”

The advisory board got support in its viewpoint from Tim O'Halloran, general manager of Yolo County Flood Control and Water Conservation District, which holds the water rights to Clear Lake, and owns and operates Indian Valley Reservoir, Spring Valley's primary water source.

O'Halloran sent a letter to Dellinger and also appeared at the meeting to speak in favor of the well field alternative, saying he believed strongly that the more reliability and redundancy in the Spring Valley water system, the better for the community.

He added, “Reliability is more than just supply.”

Rushing said she didn't believe there was enough community support to get a rate increase passed for alternative four, adding that she was leaning toward option one and staff's recommendation to “get on with it.”

Farrington also was concerned about going down a path without community support.

“I really think that alternative one is the only option that would be palatable to the voters and the residents,” he said.

Supervisor Jeff Smith said he didn't like seeing the problem transferred from Spring Valley to the Old Long Valley area. He said he wanted to see the problem worked out in the community where it existed.

Dan McMullen, who owns the area where the proposed wells would be located along Old Long Valley Road, offered the water affordably to the board.

He also submitted a list of 10 “good reasons” for choosing the well proposal, including the ability to meet current and future regulatory requirements, better quality water and less electricity to produce the water per gallon.

Rushing moved to give staff direction to pursue alternative one, despite the advisory committee's suggested course of action.

“I wouldn't blame 'em all for wanting to quit after this,” she said of advisory board, adding that the group had put a lot of work into considering solutions for the water system.

Smith seconded Rushing's motion, which the board approved 5-0, receiving a round of applause from the gallery filled with Spring Valley residents.

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On June 15 the Mendocino County Board of Supervisors adopted a budget that takes steps to close the county’s $11.6 million deficit. Based on the county’s current fiscal status, services are being consolidated wherever possible, county officials reported.

As a result, effective July 31, animal care services now will be offered to all residents through one central shelter location in Ukiah. This service delivery model for shelter services is currently used in other unincorporated areas of the county such as Laytonville, Covelo and Leggett.

While the county can no longer afford to operate two shelter facilities, the Wednesday report noted that it is the county's intention to participate with the city of Fort Bragg and coastal residents to explore other models of non-county operation for the existing facility on Summers Lane.

The recent shelter improvements and close proximity to several coastal population areas creates an opportunity for a community based model to emerge, officials reported. The county remains open to collaboration in identifying a new direction for these services on the coast.

Animal Care Services will be provided out of the Ukiah shelter facility to the cities of Fort Bragg, Point Arena, Willits, Ukiah and all unincorporated areas of the county.

Animal control field services will continue to be provided through the Mendocino County Sheriff’s Office, Animal Control Division, for all areas except the incorporated city of Ukiah. Field officers will continue to patrol and pick up stray, injured and aggressive animals.

For more information visit the Mendocino County Animal Care Services Web site, www.co.mendocino.ca.us/hhsa/chs/animal/pets.htm.

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Magoon Estate Limited – which at that time owned Guenoc Winery, later Langtry Estate and Vineyard – gave the land near Middletown to the county in 1998 to hold while the board of Guenoc Valley College raised funds to build the private institution, as Lake County News has reported.

The company put a stipulation on the land donation that limited its use to the college project alone, according to county officials.

But an additional 200 acres with a flat area suitable for building which had been promised to the effort was never handed over the county, officials reported.

Since then, Hawaii-based Malulani Investments has taken over Magoon Estate Limited. The company has undertaken a a series of projects on the 22,000-acre Langtry property, including a renovation of Lillie Langtry's home and a new 18-hole golf course project.

Additionally, in a 2008 interview, Malulani Investments President Easton Manson told Lake County News that the company was not willing to donate more land for the college plan, and that its property was encumbered by loans for its projects.

Last June the Board of Supervisors voted to move forward with beginning the work to give the land back to the Malulani Investments, which now owns the former Magoon Estate Limited. The resolution that went before the board on Tuesday was a result of that 2009 direction from the board, according to County Counsel Anita Grant.

Given the topography of the land donation, which Grant said was “mostly vertical,” it wasn't conducive to a building project.

Deputy County Counsel Lloyd Guintivano worked with Malulani Investments representatives to put together the proposed resolution, which completed the process of rescinding the original land donation, Grant said.

The agreement also included a payment to the county of $27,090 to cover back property tax.

Katherine Philippakis, Malulani Investments' attorney, told the board, “We feel that this is the best solution for all concerned.”

When Board Chair Anthony Farrington asked for public comment, no one came forward.

College President Fran Peretti – who last year had told the board that efforts were still under way to establish the college – did not appear at the Tuesday meeting. A message left for her was not returned.

“The idea of a college was a wonderful one and this piece of property is not conducive to that – unless it was a mountain climbing college” said District 1 Supervisor Jim Comstock, in whose district the land is located.

Comstock moved to approve the resolution rescinding the land donation, which the board approved 5-0.

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The council will meet at 5:30 p.m. Thursday for a closed session before the 6 p.m. open session in the council chambers at Clearlake City Hall, 14050 Olympic Drive.

During the closed session, the council will discuss labor negotiations and the new terms and conditions for City Administrator Dale Neiman's employment. During previous budget discussions, the council approved measures including reducing Neiman's employment to half-time.

At the Thursday meeting the council is expected to vote on extending the city's redevelopment plan for another 10 years.

The council held a special June 7 meeting during which it took public comment on the proposal, as Lake County News has reported. Since then city staff has been creating written responses to issues raised by the community regarding the plan.

As part of the redevelopment plan discussion, the council must consider three items: whether the redevelopment agency has complied with state redevelopment law concerning adoption of a housing element; the adoption of the proposed redevelopment plan amendment for the Highlands Park Community Development Project; and adoption of a five-year implementation plan for the redevelopment plan.

Only three of the five council members will take part in the discussion and the eventual vote. Vice Mayor Joyce Overton and Councilman Curt Giambruno have had to recuse themselves because of potential conflicts of interest related to their homes being in the redevelopment are.

Mayor Judy Thein's home also is in the redevelopment area, but earlier this year she was selected to rejoin the decision making process after a “rehabilitation” allowed for under state law, which is required since without it the council would not have a quorum.

That means extending the plan will be up to Thein and her council colleagues Chuck Leonard and Roy Simons. The three heard extensive public input June 7, with most of it aimed at asking the council to continue redevelopment for another decade.

In other business, the city will now consider executing a new memorandum of understanding with Lake County Animal Care and Control for shelter services. The amount for the new contract will be discussed at Thursday's meeting, according to Neiman's report.

The city has assumed animal control services under the auspices of the Clearlake Police Department, which is working with local animal groups and Clearlake Veterinary Hospital, according to Police Chief Allan McClain.

The city currently contracts with the county for housing animals. Neiman stated in his report that he expects the city will save money in the coming year because of the efforts of volunteers and Lee Lambert, who handles the city's animal control duties.

Continuing another item the council recently discussed, Neiman is asking the council to authorize him to send a letter to the county concerning terminating the agreement for participation in the Lake County Marketing Program.

The program costs the city $10,000 annually, and the Clear Lake Chamber of Commerce has discussed gathering a contribution of $2,000 from all of the local resorts and motels.

“We recommend that we continue to participate in the program if we receive the $2,000,” Neiman wrote in his report to the council. “However, we need to set a date certain because the county wants us to make a decision.”

If the city does terminate the contract, Neiman wants permission to ask the county to let the city pay the contract amount over the coming two years.

Also on the Thursday agenda, council members will consider adopting a resolution to approve submitting a grant application to the state Community Development Block Grant program.

Clearlake Police Sgt. Tim Celli also will make a presentation regarding the department's Alcoholic Beverage Control grant.

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