Weather permitting, work will take place from 8:30 a.m. to 4 p.m. Monday, March 1, through Friday, March 5, Caltrans reported.

One-way traffic control will be in effect, and Caltrans said drivers should expect five-minute delays when traveling through the area.

The safety improvements to the intersection will include an all-way stop in preparation for a traffic signal which is still a few years out, officials reported.

At last Thursday's Clearlake City Council meeting, Caltrans District 1 Chief Traffic Safety Officer Ralph Martinelli made a presentation to the council about the intersection, which he said has had more than two dozen collisions – with three fatalities – over the last several years.

Based on a study of the intersection, Martinelli said Caltrans found that the primary type of collision taking place at the intersection is related to left turn movements.

The signalization project for the intersection has been merged into a larger highway improvement project along several miles of Highway 53, Martinelli said.

Normally, such a signalization project has a two- to three-year time frame for construction, but adding it into the larger overall highway improvement project cut that time down, he explained.

“But still the signals won't go in until summer or late fall of 2012,” Martinelli said.

To address the continued broadside collisions Caltrans is installing stop signs, Martinelli told the council. Portable message signs before the intersection warn drivers of the work ahead.

In addition to signs that will caution drivers about the new stop signs, Martinelli said “stop ahead” pavement markings and rumble strips will be installed.

“We don't want to trade broadsides for rearends,” he said.

The Clearlake Police Department will have a presence while the stop signs are going in, Martinelli added.

Mayor Judy Thein asked if it was possible to speed up the signalization process.

Martinelli said combining the signalization and highway improvement project already has shaved off about 12 to 18 months, but because of the needed improvements he said he didn't think they could deliver the improvements any quicker than the summer or fall of 2012.

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Lake County Deputy Administrative Officer Matt Perry and Lake County Employee's Association President Mary Ella Davidson celebrate the signing of new employee contracts on Friday, January 29, 2010. Courtesy photo.

LAKE COUNTY – Following lengthy negotiations that were sometimes far from smooth, the county and the Lake County Employee's Association (LCEA) negotiation team completed negotiations and signed new memoranda of understanding late last month.

On Jan. 29, the LCEA negotiation team signed the documents on behalf of units 3, 4 and 5, union officials reported.

“LCEA looks forward to working together in collaboration with the Board of Supervisors for the betterment of the community and county employees that serve the community,” said Mary Ella Davidson, LCEA's president.

“Working with these units has been a long, laborious process,” said Board of Supervisors Chair Anthony Farrington. “I think we're all glad we finally reached a conclusion.”

The new contract extends through June 30, 2011. If a new agreement isn't reached for the period starting July 1, 2011, the contract would remain in effect until superseded by a new document.

Also included in the contract is a provision for several personal leave days for employees in-lieu of a cost-of-living increase. Special Districts Utility Workers l/ll/lll classifications addressing their state licensing requirements will receive a 2.5-percent salary adjustment, which the union said was “long overdue.”

Also on Jan. 29, the LCEA retracted charges it had filed against the county with the Public Employee Relations Board (PERB) alleging unfair negotiations.

The negotiations process began in the early part of 2008 for period starting July 1, 2008, the union said. LCEA members ratified two Lake County offers. However, the two offers either weren't implemented or had language changes made to them that led to the PERB complaints.

Union members credited Mike Minton, LCEA's business representative from Operating Engineers Union Local #3, with helping to bring the negotiations process to a successful conclusion.

Minton told Lake County News that the process wasn't easy, and was filled with frustration, as there were proposals, counter proposals, approvals and then changes to tentative contracts after they had been approved by the Board of Supervisors and the union membership.

He said the PERB complaint resulted after the supervisors gave the union their last and final offer, which included a 2-percent pay raise, which he said the county decided not to implement after the union membership accepted it.

A few months later, they reached another agreement in which employees would get two personal leave days in lieu of a raise until a new contract was reached, but the language later was changed to two leave days in exchange for the raise, with no deadline, he said.

Late last year, Minton said he met with county representatives and finally came to the final agreements that led to the January signing.

He attributed many of the issues to a “a real big mix up in communication,” with neither side getting the exact proposal or intent of the other.

“I don't know what happened exactly,” he said, adding, “I do know that the county wanted to make amends,” and have the problems stop and the issues be resolved.

Farrington said the county's goal was to reach a conclusion where, at least in this point in time, layoffs weren't involved.

However, at a recent board meeting supervisors and county administrative staff concluded that if the economy doesn't turn around immediately, layoffs and service cutbacks may be a part of the upcoming fiscal year's budget.

The negotiations' successful conclusion was made possible in part, Farrington said, because of the union's “willingness to not push for economic items.”

County Administrative Officer Kelly Cox said the county was appreciative of LCEA's understanding of the county's financial limitations.

“The county is very fortunate to have a great team of hard working employees and we are very appreciative of all they do for our county government and for the citizens of Lake County,” Cox said.

The LCEA negotiation team said it recognized and appreciated the Board of Supervisors and it negotiation team for providing a one-time contracted stipend of $700.

That stipend, which the board approved late last year, was the result of the county's insurance carrier not charging health premiums in November and December.

Union representatives said the stipend will no doubt help the local economy when county employees shop locally.

Although Minton has been critical of the county and the negotiation process, he gave them credit for their efforts to keep their staff employed.

Management has the right to establish the size of its workforce, and once it decides to make cuts it has to let the union know and sit down with the bargaining unit, Minton said.

The county, he said, has “managed to do something that most other employers haven't been able to do,” which is salvage jobs.

He credited county Human Resources Director Kathy Ferguson with coming up with a plan to reclassify employees to place them in other positions, which sometimes results in salary and benefit increases for the staffers.

Minton said the union's job, ultimately, is to save jobs for its members, and although he's had his struggles with the county, he applauded them for their efforts toward that same goal.

There will be layoffs, he said, but it won't be as bad as it has been in other locations.

“They're doing the right thing,” he said.

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Lake County Deputy Administrative Officer Matt Perry, Lake County Employee's Association President Mary Ella Davidson and members of the union's negotiating team on Friday, January 29, 2010, at the Lake County Courthouse in Lakeport, Calif. Courtesy photo

The project will proceed without an environmental impact report (EIR), and on the vote to approve the mitigated negative declaration environmental document, the vote was 3-2, with Council members Joyce Overton and Roy Simons voting no.

However, three other motions of the five required to move the project forward – including a disposition and development agreement with Danville developer KK Raphel Properties LLC, who will buy 15 acres of the airport property on Highway 53, and a land exchange with an adjacent property owner – were 4-1 votes, with Simons being the lone dissenter. A motion to abandon a portion of right-of-way got a unanimous vote.

About 50 people from around the county attended the meeting, including several current and past supervisors, among them Jeff Smith, Denise Rushing and Jim Comstock. Former supervisors in attendance included Gary Lewis and Don Ellis.

City Administrator Dale Neiman discussed the city's struggles, which began early on. He said the county processed the city's incorporation application. “When they incorporated the city they tried to transfer the liabilities away from themselves to the future city.”

For many years, redevelopment helped subsidize the general fund, which Neiman said stopped in 2007.

The project, Neiman said, would help the city substantially at a time when officials are examining bankruptcy and detaching portions of the city to return to the county out of concern for budget shortfalls. They're also having to cut services and reduce the police force.

“You know as well as I do it's been real difficult the last three years balancing the budget,” he told the council.

Neiman said Lowe's estimated revenues in the Clearlake location are believed to be as high as $40 million annually, but added, “You don't know until it actually opens.”

It's also projected to create more than 300 jobs, 172 of which would be full time, he said.

The project would support the upgrading of the city's sewer system, which Neiman said has spilled 40,000 gallons of raw sewage into streets, creeks and Clear Lake in the last few years.

Neiman said if every family in Clearlake traveled outside of the county for shopping an average of six times annually, but shopped in Clearlake instead at Lowe's from now that, there would be 14.1 million less miles of travel out of county each year, which would result in air quality improvements and energy savings.

He said the airport property has significant problems that require infrastructure assistance, which is addressed in the plans. “This is by far the most mitigation I've ever seen on a project,” he said, noting $10 million is being used for mitigation.

In opening public comment, Mayor Judy Thein laid down the ground rules, which included a three-minute limitation per person, with each speaker being limited to one trip to the microphone. She also introduced a new timing device with a red bulb on top and a buzzer to signal speakers that their time was up. Thein would strictly enforce the limits throughout the three-hour meeting.

Approximately 22 people spoke during the meeting's public comment portion; of those, 15 spoke against the project or were critical of it, five were for it and the rest spoke generally without voicing an opinion.

Businesswoman Jeri Spittler challenged Neiman's comments about the reduction of police officers on duty down to only one or two per shift, alleging that eight days after Andre Williams opened Silk's Bar and Grill six officers walked through one night.

She accused the city of racial profiling, but when she demanded an explanation Thein told her that wasn't the item they were discussing and cut her off.

Tim Williams said he understood that the council believes the project is “the fastest, best revenue producer,” but he called the revenue projections “bunk.”

Victoria Brandon, speaking on behalf of the Sierra Club, said the group hasn't taken a position on whether or not the project is good or bad, just that more information is needed, which is why they were asking for an EIR.

She also presented a letter from Middletown Realtor David Neft, who listed three previous and major mistakes by the city, including incorporation, not insisting that the Best Western El Grande be built on the lakeshore and letting Wal-Mart in. “In his opinion, this project would be No. 4,” she said.

Brandon suggested that Clearlake's real assets were its small town feel and the lakeshore, which is what should be used to develop prosperity for the city.

Clearlake Oaks resident Glen Goodman suggested that Lowe's may push for big concessions, including major tax breaks, which will result in the city's assumptions about revenue falling far short.

“There are so many better ways to invest this money,” he said.

Clearlake resident Rick Mayo said redevelopment in the city had been intended to help revitalize Lakeshore Drive, but that never happened.

Instead, the city now is turning to the airport plan, which he called “a field of dreams” that isn't going to bring the kinds of economic benefits the council is expecting.

Businessman Vince Metzger said he would be happy to take the airport property off the city's hands for a similar deal as that being offered to KK Raphel Properties. He said he didn't think the city got a good deal. “I don't think we had to bend as far as we did.”

Ronda Mottlow of Clearlake Oaks, was concerned that the land be studied since it once had belonged to the Koi tribe. She also suggested that the city may be forced into doing an EIR, which could cost it a lot of money.

“Don't' rush into it. The money is not that much,” she said.

Philip Murphy of Lakeport said the city's projections don't consider how many businesses and jobs will be lost as a result of the project. “That's my big concern here.”

He told Neiman, “You've been hiding the truth from the council and the public about the actual cost of this project,” because they hadn't calculated the funds the city had to repay the Federal Aviation Administration for improvements on Pearce Field.

He said the city should invest in the lakeshore, which has better potential than Lakeport's. “You haven't put anything into it and it shows.”

Clear Lake Chamber of Commerce Executive Director Lori Peters said the chamber did a survey of local businesses and they received strong support for the project and for new shopping opportunities.

She said some local businesses also expressed interest in having additional stores at the location.

Realtor Dave Hughes said he didn't think the project had been pushed too quickly, and suggested that the county needed to work to compete with shopping opportunities in Sonoma and Mendocino counties.

District 3 Supervisor Denise Rushing, who emphasized she wasn't speaking on behalf of the board, told the council, “You're in a bit of a fix as a community.”

Rushing, whose Northshore district includes a redevelopment area, said, “Redevelopment done right is exquisitely hard work.”

She encouraged them to do an EIR, calling much of the project's analysis “flawed,” and added that the county needs to begin to tap into its citizens and entrepreneurs to help turn the economy around, as small businesses are an economy engine.

Don Turman, who has lived 10 years on Clearlake's lakeshore, said opportunities like the proposed development don't come along often, bringing with it the funds to make improvements, such as to the sewer system.

“This town needs help,” Turman said.

He said the lakeshore has no business district, and there is no reason for tourists to visit Clearlake. “That doesn't mean there can't be,” he said, explaining he didn't see another alternative for bringing upgrades to the city.

Don Ellis, a former county supervisor, suggested the council needed to take a longer, harder look at the project. “You're not going to gain customers. There's only so much money to be spent here in this area,” he said, offering his support for local businesses like Mendo Mill.

Mike Mayfield, whose family owns Mendo Mill, thanked Ellis and said they believe competition is good and they deal with it everyday. He said the company has been in Clearlake for 31 years and “We'll continue to be here.”

Addressing comments about retail leakage made by community members, Neiman said that he knows how much money in sales tax revenue Wal-Mart generates for the city. He said it's confidential but guaranteed, “The city would be substantially hurt if Wal-Mart left.”

Responding to Rushing's comments, he said there are different types of redevelopment in different areas, and added that there is no question that the Lakeshore Drive area is a priority.

Redevelopment attorney Iris Yang, who was at the meeting as she had been for the Jan. 7 hearing on the project, said a study was done of large-scale contractors and most said they purchased goods outside of Lake County, but would buy from a Lowe's if it were here.

She said the developers would have to meet several conditions before the redevelopment agency would sell the property to them, including having financing, permits and construction plans in place. There also would have to be an agreement with a Lowe's or another home improvement store. “We believe it will be a Lowe's.”

Council members state positions

During the council's discussion, most of the council members brought with them prepared statements to read regarding their positions on the project.

Councilman Curt Giambruno said the project is “a new beginning for the city,” and will bring employment opportunities, revitalize the economy and improve the environment through the sewer upgrades. He thanked Neiman and staff for helping “make this dream a reality.”

Overton questioned how the city would protect itself against the developer going bankrupt. Yang said they would have to have performance bonds and funding assurances.

Overton said she thought the $7 million maximum the city would offer in redevelopment funding support was too high, although she believed the project would bring more shopping and job opportunities.

She wanted some of the redevelopment money to be kept aside for Lakeshore Drive, and also stated that she believed the city needed to do an EIR by law.

Councilman Chuck Leonard said the regional shopping center would jump-start the economy and that a boom along the lakeshore will result.

“We've been sitting here doing nothing,” he said, noting that Clearlake is a low income area that needs jobs.

Simons said he wasn't against the Lowe's plan. “I am against the way we're going about it,” explaining that nobody has calculated how much tax they'll lose from existing stores.

He told the developers that they were welcome to buy the property, but “buyer beware – it's as it,” he said, voicing his opposition to using redevelopment funds to support the infrastructure.

Simons also said “gimme a break” to the idea that people will come from Lakeport, Napa or elsewhere to shop at the center.

Thein said the plan was one of the most controversial issues they've faced in past decades, but she supported it because she believed the city's financial stability depended on it.

“Without change there is no growth,” she said. “Change brings new possibility.”

She said the regional shopping center idea has been around for many years, but they could never quite get there, and she felt accusations that they were rushing it through were without merit.

Overton asked the developers if they were willing to come down on the $7 million maximum, suggesting $5.5 million.

Fred Katz, a KK Raphel Properties partner, said the property required “extraordinary public improvements” and that they had actually asked for more money to get the property to a developable condition.

“The long answer to your question, I guess, is no,” he told Overton.

Neiman said the property improvements will make the project feasible and improve other properties as well. “This was a tough agreement to negotiate.”

Leonard moved each of the five items for approval. Votes were as follows:

• Certification of the draft mitigated negative declaration/initial study in accordance with the California Environmental Quality Act: 3-2, with Simons and Overton voting no.

• Authorization for the redevelopment agency executive director (Neiman) to execute the draft disposition and development agreement: 4-1, with Simons voting no.

• Authorization for Neiman to execute the land exchange with the adjoining property owner to the south: 4-1, with Simons voting no.

• Authorizing the city administrator to execute the draft disposition and development agreement: 4-1, with Simons voting no.

• Authorizing the abandonment of part of the right-of-way for Airport Road: 5-0.

At the meeting's end, when called on for the city administrator's report, Neiman said he had nothing.

“I'm glad it's over and I'm tired,” he said.

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“More than two million California residents have served our country in the military and we need to show them our gratitude,” Chesbro said. “Naming a highway after our veterans is the least we can do to show our appreciation.”

Highway 53 is a seven-mile, north-south artery that connects state highways 20 and 29 in Lake County.

Highway 53 provides access to the city of Clearlake, the community of Lower Lake and Anderson Marsh State Historical Park.

Chesbro authored the resolution at the request of the Lake County Board of Supervisors, which was looking for a way to honor county residents who died while serving their country in the armed forces.

Lake County has suffered the deaths of two servicemen with local ties in recent years.

Lance Corporal Ivan Wilson, a resident of the City of Clearlake, was killed in action in Afghanistan in 2008.

Then, earlier this month, Sgt. 1st Class David J. Hartman, raised in Merced County but with many family members now living in Lake County, was killed by a roadside bomb in Pakistan.

“This is our community's gesture of gratitude honoring David Hartman, Ivan Wilson and all those currently serving and who have served,” said Supervisor Denise Rushing.

Last year, the Clearlake Rotary spearheaded the effort to have Highway 53 designated a Veterans Memorial Highway, as Lake County News has reported.

In August 2009, club representatives took the proposal to the Clearlake City Council and the Lake County Board of Supervisors, and received the unanimous support of both of those bodies.

At that time, Rotarian and Clearlake Police Chief Allan McClain said the effort started “because of the emotions and the things that people felt when we brought one of our own home,” in the wake of Wilson's death.

Chesbro's staff had told the Rotary that he would introduce the legislation early this year, and the bill's arrival came right on that original schedule.

ACR 136 is supported by the Clear Lake City Council, Lake County Board of Supervisors, Rotary Club of Clearlake, American Legion Post 194, Lake County Disabled Veterans of America, Lake County Voiture 912 40 and 8, Operation Tango Mike, Vietnam Veterans of America Chapter 951 and Veterans of Foreign Wars of the United States.

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Special Districts Administrator Mark Dellinger went before the board with the latest in his series of updates on the condition of the system, which was overloaded by last month's storms.

His written report to the board said that on Feb. 15 a committee was formed to investigate the issues related to sewer spills in Clearlake's Meadowbrook Drive area. The committee included Supervisors Jeff Smith and Jim Comstock, County Counsel Anita Grant and Special Districts staff.

They discussed a number of actions; Dellinger said the most time critical will be brought to the board on March 2.

The critical actions Dellinger is proposing include declaring an emergency and waiving the county's consultant selection process in order to immediately move forward with installing a temporary pump station at the north end of Bay Street. That would include installing approximately 3,000 feet of 8-inch pipe that will connect with Pump Station No. 3. Waiving that bidding procedure will save about six weeks.

He's also proposing to do smoke testing in the part of the collection system impacting the Meadowbrook Drive area, with between 175,000 and 200,000 lineal feet of pipe to be tested.

Once that testing is complete, Special Districts staff would begin procuring repair services for identified inflow points, which would be budgeted in the coming fiscal year, and initiate several hydraulic models to evaluate the impacts of upstream flows on Meadowbrook Drive.

The estimated cost for the smoke testing so far is between $65,000 to $100,000, and installing the temporary pump station is estimated to cost between $100,000 and $200,000, Dellinger reported.

Further, Dellinger suggested canceling all capital improvement reserves and reallocating the funds by resolution.

He told the board he has packaged a preapplication for grant funding to the State Water Resources Control Board, however, he said he's not holding out hope that they'll receive any funding.

To support the upgrades, Dellinger wants to establish a system capacity fee for all new development and pursue a rate increase for the entire wastewater system.

Dellinger said he wants to push ahead with a preferred alternative that he considers the best and most complete for dealing with the Southeast Regional system's capacity issues.

That plan includes a new pump station and a 12-inch pipeline connecting directly to the treatment plant. Both of those elements were identified in a cleanup and abatement order the Regional Water Quality Control Board issued on the system. Dellinger said his department also needs to move forward with preliminary design and environmental work for the project.

The project is estimated to cost $5.5 million, half of which the Clearlake Redevelopment Agency has committee to provide.

However, Dellinger noted that the proposal can “stand on its own,” whether the county and city partner on the cost.

Dellinger said he had to report to the state the system's recent spills, and he doubts the county will get any funding awards, but they must demonstrate moving quickly.

Supervisor Jeff Smith noted during the discussion that the agreement with the city of Clearlake hasn't yet been signed.

Regarding making the project happen, Supervisor Rob Brown said, “I want to make sure that the city is sincere in their commitment.”

Brown has raised issues with the plan in previous meetings due to his concerns over the city's plans for a regional shopping center at the now-closed Pearce Field on Highway 53, which is in the area served by the Southeast Regional system.

County Administrator Kelly Cox said if the city is planning to use redevelopment funds for the project, it may have to be tied to development, as he's not sure that just fixing a sewer system eliminates blight, one of redevelopment's key goals.

Brown responded that blight will result if they don't have an upgraded sewer system.

Dellinger told Lake County News that he hadn't spoken to Clearlake city officials for about three weeks about the plans to move forward and work together on the project.

On Thursday, the Clearlake City Council is due to discuss the shopping center plan, which could take as much as $7 million in redevelopment funding to support infrastructure.

Clearlake City Administrator Dale Neiman told Lake County News on Tuesday that the city's redevelopment agency currently has $7 million in bond proceeds.

“The improvements are estimated to cost approximately $6.2 million,” he said, regarding the airport property. “The agency’s commitment of $6.2 million includes the $2.5 million for our half of the sewer improvements.”

He said the proposed disposition and development agreement for the airport property the city is proposing to enter into with developer KK Raphel Properties LLC of Danville notes that the not-to-exceed amount is $7 million.

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The intersection, which has been the scene of several serious crashes over the years, is slated for a traffic signal which Caltrans said is part of a larger highway rehabilitation project anticipated to be completed by the fall of 2012.

That larger Caltrans project also will provide wider shoulders, longer turn pockets at intersections, and repave over four miles of Highway 53 from just north of 40th Avenue to just south of Highway 20.

In the mean time, Caltrans is proposing to use stop signs and other signage to make the area safer, as Lake County News has reported.

Caltrans reported Wednesday that message signs have been placed near the intersection to alert motorists of upcoming changes to the intersection.

In order to improve safety, the intersection will be modified to an all-way stop the first week of March, weather permitting, Caltrans reported.

“Safety is Caltrans’ No. 1 goal, and we are pleased to be receiving help from the Clearlake Police Department as we transition the intersection to an all-way stop,” said Caltrans District 1 Acting Director Matt Brady.

In addition to new stop signs, Caltrans plans to install advance warning signs and rumble strips on Highway 53 to alert motorist of the upcoming stop.

The changes are an interim measure to improve safety and will remain in place until traffic signals are installed, according to the Wednesday report.

Caltrans District 1 Chief Traffic Safety Officer Ralph Martinelli is scheduled to give the Clearlake City Council an update about the intersection improvements at the council's Thursday meeting.

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