Local Government

ORDINANCE NO. 2009-144


AN ORDINANCE ADDING SECTION 18-4.9 OF CHAPTER XVIII, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF CLEARLAKE


(SUMMARY PUBLICATION)


NOTICE IS HEREBY GIVEN that the Clearlake City Council adopted Ordinance No. 2009-144 on December 10, 2009. The Ordinance adds Section 18-4.9, Zoning. The purpose of said Ordinance is to regulate small wind energy systems for the production of electricity in order to balance the need for clean, renewable energy resources with the protection of the health, safety and welfare of the community.


The Ordinance was passed and adopted by affirmative vote of Mayor Chuck Leonard, Vice Mayor Judy Thein, Council Member Curt Giambruno, Council Member Roy Simons and Council Member Joyce Overton.


The full text of the Ordinance is available for public review during normal business hours at the Office of the City Clerk, City of Clearlake, 14050 Olympic Drive, Clearlake, Ca. 95422.

LAKEPORT – Concerns about giving large contracts to out-of-county firms at the expense of local businesses and the local economy arose at Tuesday's Lakeport City Council meeting, and the council is scheduling a discussion on its purchasing rules next month.


The topics came up during the redevelopment agency's portion of the Tuesday agenda, when the council – sitting jointly as the city's redevelopment agency board – received updates on projects from city Redevelopment Manager Richard Knoll.


Knoll gave a status report on negotiations with Ukiah-based Rau and Associates on the engineering of the city's Downtown Improvement Project Phase II, which is aimed at upgrading sidewalks, streets, lighting and other features of the core downtown area.


He also submitted a staff request to get the council's go ahead to negotiate a contract with Quincy Engineering of Sacramento for the Lakeport Boulevard/South Main Street Intersection Study Project's engineering.


The council and redevelopment agency selected Rau and Associates on Nov. 3 to do the multimillion-dollar downtown improvement project's design.


The company's proposed fee for the work initially was $342,600 plus $7,200 for bid assistance and $157,000 for construction services, Knoll reported.


Knoll said the city asked the firm to sharpen its pencils and revise the bid, which they did, dropping it to $311,630, or about 7.5 percent of the project cost, which is below the 10 percent range that's normal for such projects, he said.


On its own, the company also did a probable cost analysis of the project, Knoll said.


“They've done a lot of work,” he said.


That analysis estimated the the project would cost $4.3 million, or $4.7 million with the cost of engineering – well above the $2.5 million city staff had estimated, Knoll said.


The company also reduced the scope of the project, which won't extend as far as the Soper-Reese Community Theatre, located at the corner of Martin and S. Main Street, Knoll said.


“We feel confident we are close to what it will take to design the project,” said Knoll.


What the project ultimately will cost is “an issue for another day,” said Knoll, who said staff wanted to have the project fully designed at the $311,000 price tag. He noted Rau and Associates also had brought on a design team from Berkeley to assist in the project, and staff has checked the firms' references.


Mayor Jim Irwin said he was under the impression that if the cost didn't meet their budget they would look at other consultants on the city's list.


Knoll said that wasn't the plan; rather, he said the goal was to select Rau and Associates and negotiate a contract. If that wasn't possible, they would consider other bidders.


“We've got an obligation since they have been selected to negotiate in good faith and come up with a contract, and that's what we're doing,” Knoll said.


Knoll said the budget was based on a number – $2.5 million – that has turned out to be inaccurate.


Councilman Ron Bertsch also was concerned about the difference in the staff estimate and that provided by Rau and Associates. He said they weren't even sure about some of the proposed aspects, including bulbouts and street lamps, and they should consider other proposals.


City Engineer Scott Harter said the $2.5 million number was a very rough estimate. It's not even really a budget number, he said, adding that the scope of the project has grown. The agency, he added, can negotiate the scope down.


The first priority, Harter said, is to identify the most qualified engineer, and the company is proposing reasonable costs for engineering considering the scope.


“Even though we can't afford it?” Bertsch asked.


“That is up to the agency to decide,” said Harter.


Knoll interjected, explaining that there hasn't been a determination that the agency can't afford it.


“We're not addressing the construction costs tonight,” but rather the engineering costs associated with designing the entire project, Knoll said.


If, when they bid the project, they determine the agency has insufficient funding, they can modify its scope, he said.


The only reason they were given the cost estimates for the project was so the council could see the comparison. “We don't know what it's going to cost to build it,” Knoll said.


Knoll said the agency nets about $600,000 in tax increment funding a year, plus they have an existing balance of bond proceeds that will put them in the ballpark of the project's cost estimates. However, they can later reduce the scope.


“Are we going to have enough money? Well, we don't know yet,” he said.


However, the staff wanted to get the project designed so they can at least have the plans on the shelf and bid them and make a determination about whether or not they can fund the whole project or will need to modify it.


He said Rau and Associates' proposal is a fair one based on what it currently entails.


The council wasn't required to take action. Before the discussion ended, Knoll told the council that George Rau said if they want him to reduce his fee to $250,000, he can do that he must reduce the scope.


“We don't think that's prudent from a staff perspective,” Knoll said.


Scott De Leon, owner of DeLeon Engineering – which made a proposal on the project and was ranked third – said the team he assembled to do the project was the same one that designed Petaluma's downtown phase two improvement project. His estimates showed he could do the project for the city's budgeted amount.


Eric Heppen of Ruzicka Associates also put in a proposal on the project, noting their budget for design was “significantly less” than Rau and Associates. If he were making such cost changes to a proposal, he would give much greater detail, he said.


Heppen felt Rau's proposal was lacking in several ways, and he believed that the project can be done for $2.5 million.


Jill Ruzicka, daughter of Ruzicka Associates owner Cliff Ruzicka, said she understands small community economies and small businesses, and she asked the council why they would send such a large amount of money out of the county when qualified businesses here can do the work.


She said for every dollar spent locally, it increases by a factor of four to seven, which would increase that $311,000 up to $1.2 million or $2.2 million as it cycles through the local economy. “Maybe we could get some roads paved with that,” she said.”


Ruzicka also took issue with the use of “most qualified” in referring to Rau and Associates, noting that Ruzicka Associates and DeLeon also were qualified, and she went on to list a number of projects her father's firm has successfully completed around Lake County.


“We need to start applying 'shop locally' to our professional services providers,” she said.


Ruzicka added, “Can we really afford not to go locally? Is that really in the best interest of this city?”


Irwin asked Knoll to bring Rau's contract to the council next month.


Staff explains rules for choosing consultants


Moving next to the South Main Street and Lakeport Boulevard intersection project, Knoll said the agency requested proposals from qualified engineers, and there are two designs under way to deal with the busy intersection – a roundabout and a traffic signal.


He said funding for the study is available, but funding for construction isn't available at this point.


The request for proposals was sent to seven engineering firms, including one from Lake County.


“Why don't you put costs into this thing?” asked Councilman Roy Parmentier. “I have to agree with Jill. Why do we want to send money out of the county?”


With respect to professional services contracts, said Knoll, “It's been the way the city has operated for many, many years.” Rather that making cost the top priority, they focus on the most qualified firm to do the work.


Harter said that's consistent with Caltrans rules, which have driven the city's consultant selection process. When dealing with state and federal funding for transportation projects, Harter said they're not allowed to consider cost.


In a professional proposal request, however, cost can be considered, and Harter pointed out that the county recently has modified its policies to allow for cost to be part of the scoring. The emphasis is selecting the most qualified and knowledgeable firm.


“It's not that we can't change our process in going forward where the funding source allows,” he said.


Staff has submitted questions to the city's redevelopment attorney about whether or not they can consider cost when dealing with redevelopment funds, and whether they face the same limitations as they would with state funds, Harter said.


“Obviously, this thing keeps coming up,” said Irwin, who asked to have the cost consideration discussion placed on a January agenda. At that time he also wants to look at when local preference would be allowed, and give the council a chance to act on it.


Harter said City Attorney Steve Brookes is working on a city purchasing policy, and he added that he felt it was important to have a written policy to protect the city.


Knoll suggested the council direct its new city manager to develop a formal policy on how they want proposals and requests for qualifications from firms to be ranked and rated. He said the city has been operating under an unwritten but consistent policy with respect to such proposals, with cost and local preference not being factors.


The council voted 3-2, with Bertsch and Lyons voting no, to approve Quincy Engineering's contract.


In other action Tuesday, the council approved receiving and allocating Supplemental Law Enforcement Services Funds, which usually total about $100,000 for Lakeport Police although Kevin Burke, the city's police chief and interim city manager, said the amount hasn't been determined. Burke also received council approval of a resolution to direct city staff to work with the county on what he called an innovative alternate energy and energy efficiency financing program.


The council also approved updates to the city's contract with Lakeport Disposal, the city's franchise trash hauler; established a committee to work on Measure C; and finished working out details with National Grant Services for grant writing services for the city.


Burke told the council that all 10 top candidates for the city manager's job have agreed to come to the city for a Jan. 11 round of interviews with two community panels that have been selected.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .

CLEARLAKE – With millions of dollars in retail sales estimated to be leaving the county on an annual basis, the city of Clearlake's redevelopment agency is beginning the public hearing process for a regional shopping center on the site of the city's former airport.


The plan – which would be anchored by a Lowe's home center, according to the city – is raising the hopes of some and the concerns of others, particularly some local business owners, as well as highlighting divisions between local leaders who differ in their visions for building the community's economy.


The Clearlake Airport Redevelopment Project is located between Highway 53, Old Highway 53, Airport Road and 18th Avenue, as Lake County News has reported.


The 15-acre site's development plan would have a total commercial square footage of 154,179. That includes a Lowe's home improvement store with 111,348 square feet in a single-story building, plus a 25,568 square foot outdoor garden center, and an additional 16,263 on four other retail pads that currently are being offered. Another roughly 1,000 square feet in that estimate is not specified.


The plan calls for using $6 million in Clearlake Redevelopment Agency bond funding to make infrastructure improvements to the area – including paying out half of the $5 million that's estimated to be needed to improve the city's sewer system.


Clearlake City Administrator Dale Neiman said the site's infrastructure problems count as blight, which allows the city to use redevelopment to assist the development.


Neiman said ground must break on the project by February 2011.


Much of the differing opinion the plan is eliciting centers around corporate chains and “big box” stores versus locally owned and operated business, and concerns that the former will wipe out the latter.


It's also giving rise to a larger community discussion about potential benefits to residents – more shopping opportunities and jobs at at time when the county's unemployment is above 16 percent – balanced against impacts on current businesses, including potential job losses and closures.


Another concern – city officials want to see move forward without a full environmental impact report, a decision ultimately up to the Clearlake City Council, which critics say will prevent the project from being studied as fully as necessary.


A mitigated negative declaration document has been issued, with the comment period lasting from Dec. 1 through Dec. 31. The documents are available at the Clearlake City Hall, 14050 Olympic Drive.


The extent of the project's environmental study will be decided at a special joint meeting of the council and redevelopment agency at 6 p.m. Thursday, Jan. 7, in the council chambers at Clearlake City Hall.


Neiman, who has led the city's negotiations on the project, said significant retail sales are leaving the county and the “regional shopping center” plan is an attempt to keep that money here in Lake County.


There would be a substantial increase in retail sales for the city general fund,” he said.


In crafting the proposed property sale and development plan, Neiman said he worked with Jerry Keyser, founder and board chair of Keyser Marston Associates – who advised the city on the financial aspects of the proposed sale – and special legal counsel Iris Yang of the firm McDonough, Holland & Allen. In addition to advising numerous cities on redevelopment project, Yang co-authored a book about redevelopment in California. Both Keyser and Yang have extensive experience, he added.


An analysis of Lake County's potential taxable retail, prepared for the county of Lake by California State University, Chico's Center for Economic Development, estimated there was a net taxable sales “leakage” out of Lake County that totaled $121 million in 2005, due to people spending money outside of the county's boundaries.


The report noted, “a significant potential exists for retail expansion within Lake County.”


For 2005, the category of “lumber, hardware and farm equipment” had taxable retails sales of $53.8 million, according to the report – making it second only to “general merchandise,” with $74 million in sales, for the category with the most spending. The report listed 29 categories with $390 million in total retail sales locally.

 

 

City, county officials want to protect their communities


Clearlake Vice Mayor Joyce Overton said Wednesday that the Clearlake City Council is just now starting to get a full picture of the project. “We're still waiting for everything to come forward, too.”


Overton said she's “kinda torn” about the plan.


“I really want to fix up our downtown,” she said.


Since the airport plan has been talked about in the community, Overton said she's been hearing from businesses along Lakeshore Drive, who want that area improved.


Overton said Neiman has told the council that the shopping center plan will bring in tax increment revenue that will help the city fix Lakeshore Drive.


“I'm definitely going to be very careful with this one,” she said.


Overton questioned whether or not Lowe's actually will end up building in Clearlake. The company wouldn't confirm that it was coming when contacted this week by Lake County News, although Neiman said they had confirmed they would be the anchor tenant.


“I'm looking at why would Lowe's come in if Home Depot wouldn't?” Overton said, referring to Home Depot pulling out of the plan last year.


With the center likely to have far-reaching impacts around the lake, county officials are concerned that they weren't included in the discussions.


One of them, Supervisor Rob Brown, who heard about the plan this week, said he was disappointed in what he perceived as the city's attempt to intentionally keep the plans from the county.


I think it was a devious attempt to keep the county out of the process,” he said. “In any of our meetings with them, we've specifically asked about this and they've avoided the conversation with the county at all levels.”


He said he plans to protest the plan in writing, although the board itself – not scheduled to meet again this month – likely won't be able take a unified action before the public comment period on the current environmental document closes. Brown said he also spoke to Board Chair Denise Rushing, who he said also expressed concern.


Brown's colleague on the board, Supervisor Jeff Smith, himself a former Clearlake City Council member, took a more measured approach toward the plan, which he said he wants to learn more about in the weeks ahead.


Smith said he understands why the negotiations had to be kept secret. “We have to do the same thing through the county,” he said, adding that he believed the city released the information as soon as it could.


He said he's tried to stay out of the project because he didn't want to step on current council members' toes or interfere with what he believes has been a good working relationship that he's enjoyed with city leadership.


However, Smith noted that he had “mixed emotions” about the plan.


When the city purchased the airport property in 1996 from the county, it was purchased for the purpose of locating a shopping center, there, Smith said.


Smith wasn't sure if an EIR should be done, although he said traffic issues needed to be investigated.


The city of Clearlake is financially strapped now, he said, and losing sales tax is adding to everyone's troubles.


He said he feels there are some positives that can come out of the project, including a “win-win” for both the city and county if the sewer system is fixed.


Smith said he hears people saying they want growth, and that they're tired of “going over the hill” for shopping, but the question, he said, is how to balance that with supporting small business.


He recalled when Wal-Mart arrived in the city, which elicited similar concerns.


“We need to grow a little bit more to attract things we need here,” he said.


Smith said he felt the project fits into redevelopment. In fact, it's part of the redevelopment area for that reason, he said.


“Whether Lowe's is the right thing or not, I think a regional shopping center is the right thing,” he said.


Overton said she is aware of the county's concerns. “My concern is that we have to make sure that we can support our community,” she said.


Groups, business owners weigh in on plan


Sierra Club Lake Group Chair Victoria Brandon said she found the city's attempt to do a mitigated negative declaration on a project of this magnitude “unconscionable,” asserting that it will have devastating affects on a number of local businesses and “is guaranteed to deepen the pall of blight hanging over the city of Clearlake.”


Brandon also criticized what she termed “the evident attempt at sneak it through under wraps,” and questioned the use for redevelopment money for purposes that have nothing to do with redevelopment.


Local business owners like Mark Borghesani, whose family opened the 82,000 square foot Kelseyville Lumber home center earlier this year, also are watching the developments.


Borghesani said his concerns extend beyond his own business to others around the lake, and the county's entire economy.


“If a Lowe's ultimately ends up going there, I think it's just an unfortunate thing,” he said.


At one time a member of an effort to keep “big box” stores out of Lake County, Borghesani doesn't see the corporate chains as bringing economic benefit or good jobs, and he's concerned that Clearlake is shopping the plan as a “save-all” solution.


“The perception is out there that this is their save-all, with absolutely no consideration for anybody, any business downtown, the people who live there,” he said.


The sales tax dollars that would come into Clearlake would just be shifted from other places in the county, Borghesani suggested, including Mendo Mill – which has been in the city for decades and contributed to the community – Kelseyville Lumber and possibly some Internet sales. Because Lowe's also sells cabinets and appliances, other small businesses also will be affected.


With the slow economy and increasing competition from the Internet, he said businesses like his are facing mounting challenges. He added that he doesn't feel the community is big enough to support the revenue generating requirements of big boxes.


It took Borghesani four years to get his project through. It wasn't required to do an environmental impact report, but was approved on a mitigated negative declaration, according to county Community Development Director Rick Coel.


At roughly half the size of the proposed Clearlake project, it faced issues regarding its location in an agriculturally zoned area, buffers and project design addressed those concerns. However, Coel said it accommodated an existing business that could not expand in its downtown location, and there weren't significant traffic or potential blight concerns, and adequate infrastructure already was available.


When the project was going through approvals in 2005, it also didn't have to address greenhouse gas issues, which projects now must do, said Coel.


Borghesani wondered what will happen to the rest of the city.


“Clearlake is going to be what you see from the freeway,” he said.


The Clear Lake Chamber of Commerce has yet to take a position on the project. The chamber's board invited the project developer, KK Raphel Properties of Danville, to a Wednesday night discussion about the plan.


The Lake County Chamber of Commerce's board also hasn't formally taken up the matter, but Chief Executive Officer Melissa Fulton said she intends to discuss it with them.


“I have concerns about the impacts on all local businesses,” she said.


Fulton also said she was surprised about the short public comment period on the plan's current environmental documents. Public comment must be submitted by Dec. 31. She suggested more public outreach may have been appropriate.


In her job Fulton often addresses perceptions about local businesses, particularly pricing and availability of products.


“We're working very, very hard to educate our residents as to what it means to the community when they take that drive and spend those dollars outside of Lake County,” she said.


That's the founding principle of the chamber's “Shop, Stay and Play” Web site, www.shopstayplay.com/, which offers information about what services are available locally.


When calculating in the cost of drive time, gas and other expenses to travel out of county, Fulton said it actually pencils out in favor of shopping locally.


She said the chamber also is working with retailers on how to transform those perceptions by making competitive offers and doing more outreach about their services. “They have taken an active part in changing that perception,” she said.


Fulton said it's critical that the community comes together to support each other. Without local businesses, she said nonprofits, youth groups, area seniors centers and other worthy causes would lose important support.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .

LAKE COUNTY – The Lake County Community Action Agency continues to seek toy donations for children in need this holiday season.


The group has 517 children signed up for its programs this year, as Lake County News has reported.


Over the last week, they've taken in about 100 additional gifts, but are still needing more, said Joyce Overton, a Clearlake City Council member who also works with the agency.


Overton said Wednesday evening that they were 20 presents short for girls ages 6 to 8 and 63 presents short for girls ages 9 through 12. In addition, they need 71 presents for boys ages 9 through 12.


Drop boxes can be found in Lower Lake at Day's Supply and Burton Jernigan Insurance; in Clearlake Oaks at Tower Mart, Northshore Fire's Clearlake Oaks station and Mediacom; in Clearlake at Lake County Fire Protection District's station, Clearlake Auto Care Center, Yuba College's computer lab, Bank of the West, Four Corners Builders Supply, Mendo Mill, Wachovia Bank, Westamerica Bank, Main Street Cafe, Clear Lake Observer-American, Lake County Community Action Agency, One Stop Automotive and Griffin Furniture.


While the boxes are scheduled to be picked up on Thursday, Overton said they'll continue to take toy donations up until Christmas day.


For more information call the Lake County Community Action Agency at 707-995-2920.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .

NOTICE OF JOINT PUBLIC HEARING

OF THE CLEARLAKE REDEVELOPMENT AGENCY AND THE CITY OF CLEARLAKE ON A PROPOSED SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY PURSUANT TO AN AGREEMENT BETWEEN THE AGENCY AND KK RAPHEL PROPERTIES LLC.

NOTICE IS HEREBY GIVEN that the Board of Directors of the Clearlake Redevelopment Agency (the “Agency”) and the Clearlake City Council will conduct a Joint Public Hearing on January 7th, 2010, in the City Hall Council Chambers at 14050 Olympic Drive, Clearlake, California at 6:00 PM or soon thereafter.  The purpose of the Public Hearing is to consider the actions described below with respect to a proposal by KK Raphel Properties LLC to acquire approximately 14.003 acres of real property located at the former Pearce Airport property,  Clearlake, CA, also known as APN 10-043-36 & 38.  Another purpose of the Public Hearing is to consider an exchange of land between the Agency and Superior Acquisitions, Inc., a California Corporation.   

The Redevelopment Agency will consider conveyance of the property pursuant to a Disposition and Development Agreement (“DDA”) which more particularly describes the project to be undertaken and the terms of the conveyance.  A copy of the DDA and the report required pursuant to Health and Safety Code Sections 33433 and 33679, which includes a summary describing the cost of the DDA to the Agency, the value of the property interest to be conveyed and other required information, are available for inspection and copying in the Office of the Redevelopment Agency, 14050 Olympic Drive, Clearlake, CA 95422.  A more detailed description of the property and the terms of the sale of the property are contained in the DDA.   

In addition, a copy of the land exchange agreement is also available for inspection and copying in the Office of the Agency.   

NOTICE IS FURTHER GIVEN pursuant to Government Code Section 65009 that any legal challenge to these actions may be limited to only those issues raised at the public hearing described in this notice or in written correspondence delivered to the City Council and/or Redevelopment Agency, as applicable, at or prior to the hearing.

INTERESTED PERSONS MAY appear and be heard at the time and place noted above.  Written comments may be mailed to the Office of the Redevelopment Agency, 14050 Olympic Drive, Clearlake, CA or delivered to the Information Desk at the Redevelopment Agency, 14050 Olympic Drive, Clearlake CA between the hours of 7:30AM and 5:30 PM Monday through Friday, excluding holidays.  Written comments may also be emailed to the Agency at This email address is being protected from spambots. You need JavaScript enabled to view it..  At the time and place noted above, all persons interested in the above matters may appear and be heard.   

If you fail to object to the approval of the DDA or any related action or document at the public hearing, you may be precluded from seeking judicial review of said approval.  If you challenge the approval of the DDA or any related action or document in court, you  may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Agency at, or prior to, the joint public hearing.

City Hall Council Chambers are handicapped accessible.  For further information contact Melissa Swanson, at 707-994-8201 extension 106.

DATED:  DECEMBER 16, 2009
CLEARLAKE REDEVELOPMENT AGENCY
MELISSA A. SWANSON, SECRETARY

NOTICE OF PUBLIC HEARING


NOTICE IS HEREBY GIVEN that the Clearlake City Council will hold a public hearing on January 7, 2010, at 6:00 P.M in the Clearlake City Council Chambers, located at 14050 Olympic Drive, Clearlake, California, to consider a recommendation to the City Council to abandon the right-of-way described below.


The application proposes to abandon the existing right-of-way of Airport Road. A new right-of-way is proposed to be created for Airport Road. The new right-of-way will start at Old Highway 53 and end at SR 53 across from 18th Avenue.


The abandonment is located at Airport Road and Old Highway 53. The Assessor’s Parcel No. is 10-043-38.


The applicant is the Clearlake Redevelopment Agency.


You are invited to come to the Public Hearing to ask questions or comment on the proposed abandonment. Information on the abandonment is available at City Hall for review at the Community Development Department. Written comments may be submitted to the Community Development Director on or before the day of the meeting.

LCNews

Award winning journalism on the shores of Clear Lake. 

 

Search