Local Government

LAKEPORT – Following a brief discussion during its Tuesday meeting, the Board of Supervisors voted to extend a temporary moratorium on medical marijuana dispensaries and collectives.


The board initially passed the 45-day urgency ordinance in September to try to stop a rush of dispensary openings taking place as county staff was trying to craft guidelines to deal with the establishments under the current zoning ordinance, as Lake County News has reported.


Community Development Director Rick Coel, whose interpretation of the county ordinance is that dispensaries and collectives currently aren't allowed, said staff was asking for the board to extend the moratorium.


The extension will automatically be for 10 and a half months, but Coel said staff doesn't need quite that much time to finish a zoning amendment draft, which he expects to have to the board in 45 days.


Lower Lake attorney Ron Green and retired District 1 Supervisor Ed Robey had submitted a letter to the board stating that they supported extending the moratorium but requesting that that the county delete the moratorium's “irrelevant and inaccurate” third paragraph.


That paragraph states, in part, that “the Lake County Zoning Ordinance does not presently allow and has thus far never approved the establishment of medical marijuana dispensaries although several dispensaries have been established and are presently in operation in the unincorporated areas of the County ...”


Alternately, Green and Robey recommended keeping the paragraph but rewriting it so that it reads “the Lake County Zoning Ordinance does not presently explicitly allow … ” They suggested that the zoning ordinance may in fact allow for dispensaries in the C1 and C2 commercial zones, and compared medical marijuana sales to pharmaceutical sales.


Supervisor Rob Brown said Green and Robey had made the same request at the previous meeting during which the moratorium had been discussed, and he said he disagreed with it.


Brown said Coel has had his hands full with dispensaries that have continued to pop up even with the moratorium in place, and he was concerned that the wording was a way to accommodate dispensaries that are operating illegally.


One of the lingering questions for the county has been how to decide when a dispensary actually opened. Supervisor Jeff Smith suggested looking at when they began collecting tax to submit to the state Board of Equalization.


Coel said he's looked at a variety of ways to track openings, as he wasn't comfortable basing it on fictitious business name filings, which usually are made well before a business opens.


He confirmed that dispensaries have continued to open regardless of the county's temporary moratorium being in place. Despite being warned by county officials, another dispensary opened in Nice on Monday, he said.


Brown asked how many dispensaries currently were operating within the county. Coel said he believed there were seven before the moratorium went into effect, and now he believes it's between 10 and 12. Brown said he thought it was as high as 13.


“We have 17 gas stations in the county, so before long we'll have more dispensaries than gas stations,” said Brown.


He contended that the dispensaries are opening not to serve people who are ill but to make a profit on people with legitimate needs.


Green, who was present for the meeting, told the board that he doesn't think looking at the Board of Equalization records works in trying to figure out when the dispensaries opened.


He suggested there were as many as a dozen dispensaries already opened by the time the board approved the temporary moratorium on Sept. 15.


Green suggested Tuesday that between 15 and 20 were currently operating.


He said that at the Sept. 15 meeting Brown put him on the spot as to the zoning ordinance's wording and what it might allow.


“I've looked a little closer at it,” said Green, which is why he asked for the paragraph deletion, because he interpreted the language as possibly allowing the establishments.


Brown said the discussion at that point was only about the moratorium, and he suggested Green was attempting to grandfather something into the language, which Brown said wasn't in anyone's best interests until the zoning ordinance was done.


Green said he was concerned that the ordinance's wording already was opening the door to potential problems, and added that the courts have held that dispensaries are legal if they're not for profit collectives or cooperatives.


Board Chair Denise Rushing said the discussion was starting to stray from the temporary ordinance itself.


“This is precisely why we need additional time to dial in an ordinance,” said Coel.


He emphasized his interpretation that dispensaries currently aren't covered in the zoning ordinance.


Coel also suggested there were flaws in Green's suggestion that dispensaries might be allowed in C1 and C2 zoning areas through comparisons between dispensaries and pharmacies and liquor stores. The C1 zoning, Coel explained, doesn't allow for liquor stores.


“For me this is a timeout,” said Supervisor Anthony Farrington.


He said Green's argument about dispensaries possibly already being allowed is on record. “This is going to be an issue that needs clarification.”


Farrington said the zoning laws will need to clearly delineate where dispensaries fit. “That's a dialog that I think we as a body need to have sooner rather than later,” he said, adding that they need to move forward quickly on the cultivation aspects.


County Counsel Anita Grant suggested the board not change the proposed moratorium's language at that time.


Community member Gary Williamson, the only person besides Green to give public comment during the brief hearing, asked what the county is doing about the dispensaries that have opened in violation of the moratorium. Officials noted that Community Development is handling those situations.


Brown moved to extend the ordinance, which the board approved in a 4-0 vote. Supervisor Jim Comstock was absent from Tuesday's meeting.


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 .

LAKEPORT – Safety versus personal freedom, tradition as opposed to increasing concerns about fire.


Those are some of the issues cited by those for, and against, Measure C, appearing on the ballot for this November's election in Lakeport.


Measure C would restore the ability for several local nonprofit groups to sell fireworks within Lakeport's city limits from July 1 through July 4 of each year.


In June, the Lakeport City Council voted 3-2 – with Council members Jim Irwin and Suzanne Lyons opposing – to make safe and sane fireworks illegal within the city limits.


Both Irwin and Lyons cited their support of the fireworks tradition in Lakeport, and mentioned concerns about the loss of another personal freedom.


For several years Lakeport had been the last place in Lake County where the fireworks could be used.


During the week of July 4, four nonprofit groups – which in recent years had included the Clear Lake High School Booster Club, Miss Lake County Scholarship Organization, Terrace School Parent Teacher Organization and the Lake County Channel Cats – have sold the fireworks.


The groups have reported that selling fireworks was their biggest and most important fundraiser of the year, with estimates running as high as $15,000 per group for each summer sales season, which runs less than a week.


In 2008, the groups agreed to suspend their sales because of the escalated fire concerns in the wake of the wildfires ravaging California.


However, when they sought their sales permit this past spring, the issue came to a head.


Interim City Manager and Police Chief Kevin Burke had suggested that, due to drought concerns, it was appropriate to have Lakeport Fire Protection District Chief Ken Wells review the applications.


Wells did, and denied them, citing the state's drought declaration and the economic constraints facing his district.


In a recent interview with Lake County News, Wells – who has 34 years of experience in firefighting and became Lakeport's fire chief a few years ago – explained that he felt it was his responsibility to tell the council about the dangers of fireworks.


“I have something to do. I have a mission now because it's not a good idea to sell things that put off sparks and have the potential of hurting people,” Wells said.


Dennis Revell of Revell Communications, representing American Promotional Events, TNT Fireworks and the nonprofits, presented information to the Lakeport City Council about fireworks-related incidents he gathered from local fire districts.


The statistics Revell presented included six fires from 2003 through 2007 with fireworks listed as the cause in the Lakeport Fire Protection District, with a total of 55 minutes of response time.


From 2004 to 2008, Kelseyville and Lake County Fire Protection Districts had a total of seven fireworks-related incidents, Revell reported.


But Wells said many fireworks-related calls go unreported.


“There hasn't been any fire loss or major injuries – yet,” he said. “Statistically, we've skated.”


He pointed to nationwide statistics that show fireworks-related injuries cost $100 million, and there has been between $15 million and $20 million in property damage across the country so far in 2009 related to fireworks.


Wells said it came down to economics, with his district lacking the staffing and resources to deal with fireworks.


Based on his advice, the council voted 3-1 – with Lyons voting no and Irwin absent – to turn down the fireworks sales permits in April. That vote led to the council's decision in later meetings, and the final June vote, to change the city's ordinance to prevent fireworks sales.


Wells said he's not against measure C. “We're against the sale of fireworks within the fire district,” he said.


Fire chiefs around the lake support the ban on fireworks in Lakeport, Wells added, as does the South Lake County Fire Safe Council and the Lake County Fire Safe Council.


The Lake County Fire Safe Council issued a statement in support of a countywide fireworks ban, noting that it stands in favor of such ordinances passed by the county and the cities of Clearlake and Lakeport.


“We hope that residents will continue to support these ordinances, and not put communities at risk by advocating the sale of fireworks,” the group's statement read. “We urge residents to be fire safe and fire wise, and keep all of Lake County a fireworks-free county.”


Wells said his fellow chiefs have told him that fireworks sold in Lakeport have ended up in their jurisdictions, where all fireworks – including safe and sane or state-approved – are illegal.


He said the district's budget constraints prevent it from launching a publicity campaign against the measure.


Groups take fireworks issue to the ballot


Not willing to give up, the nonprofits joined with American Promotional Events and TNT Fireworks to gather signatures for a initiative, which is being added to the general election ballot.


It's reported to be the first such initiative to go to Lakeport voters in decades, according to previous statements from City Attorney Steve Brookes.


The effort initially started in May, before the council made its final vote to outlaw fireworks in the city, as Lake County News has reported.


Supporters of the effort gathered enough signatures for a special election, but the council called for a consolidated election when it voted on the matter in July. At that time the council also turned down the option of forming a study group to work on the issues with the nonprofits.


Tom Jordan, president of the Clear Lake High School Boosters Club, said the initiative tries to balance fire concerns with providing funds for the youth programs.


He said the initiative proposes a new ordinance that would be more restrictive in the amount of time fireworks could be sold.


It also adds a 5-percent assessment to the fireworks sales to help pay the city for safety personnel, according to the initiative language.


But Wells said the fire district isn't part of the city, and he's concerned about where those funds for services will go, and that they won't be enough. He said no one from the nonprofits has contacted him to explain how the funding will work.


Jordan said the campaign for the initiative has included putting up signs, sending out three mailers and some personalized notes, and making telephone calls to registered voters.


About 20 volunteers are working on the effort, said Jordan.


In an effort to help the groups who lost the fireworks sales, Wells said the Lakeport Kiwanis and the fire district worked together on a pancake breakfast for the Channel Cats and Miss Lake County – the other groups reportedly chose not to participate – which raised about $5,000.


“Our stand is, basically, it's unfortunate they don't take advantage of the alternative fundraisers that are out there,” other than selling fireworks – which can hurt people and start fires, said Wells.


But the groups say that the fireworks sales have been their lifeblood, and pancake breakfasts, car washes and other fundraising avenues simply can't keep them afloat.


Jennifer Hanson of the Channel Cats swim team said the annual fireworks sales provided the group's main fundraising source.


She said they've tried to find other fundraisers. “Unfortunately, it would take a thousand bake sales to compensate for what we lost by losing fireworks,” Hanson said.


Hanson told the council over the summer that most of the fundraiser the groups did only raised a few hundred dollars at a time.


If Measure C doesn't pass, Hanson said the team might fold.


“Please vote for it!” Hanson said.


Jordan said the Measure C proponents appear to be making inroads.


“The response that we appear to be getting is very favorable,” said Jordan, noting that many people understand the value of the fireworks fundraiser for the youth programs.


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 .

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Nylander Park had its official grand opening in May of 2008. It's considered one of the anchors of a revitalized Clearlake Oaks. Photo by Elizabeth Larson.

 

 

 

CLEARLAKE OAKS – The county of Lake has won a statewide award for its efforts to revitalize Clearlake Oaks.


The California State Association of Counties (CSAC) has given the county its “Challenge Award” for counties with a population ranging between 50,001 and 200,000.


The award will be formally presented at 11 a.m. Tuesday, Oct. 27, during the Board of Supervisors' meeting in Lakeport.


The award specifically honors the county's Clearlake Oaks Revitalization Project.


CSAC's narrative on the award noted that Clearlake Oaks – a thriving resort town in the 1950s and 1960s – had deteriorated in recent decades, with small family resorts and vacation homes converting to year-round low-rent housing. “The community subsequently suffered from sagging property values, a stagnant economy, and high crime rates.”


The county created the Clearlake Oaks Task Force, worked to encourage investment in the town, and partnered with community members and businesses to make improvements.


County Administrative Officer Kelly Cox said the county's application for the Clearlake Oaks project included before and after photos of Nylander Park, the Plaza, Clark's Island and the Eskaton Senior Housing project.


They also noted in their application other projects in the Oaks that are currently under way or being planned – such as the water tank mural, the Highway 20 sidewalks for which the county recently obtained more than $1 million in grant funding, plus the new visitor and senior centers, and code enforcement efforts.


Cox said he and Northshore Supervisor Denise Rushing were very happy to receive the “great news” of the award.


“Although there are still more projects to come in Clearlake Oaks, we feel that great progress has been made and that we've really come a long way,” said Cox. “The community support for these project has been incredible – none of these improvements would have happened without the community's participation and support.”


The communitywide effort that has led to Clearlake Oaks' renaissance includes participation from the Clearlake Oaks-Glenhaven Business Association, Live Oak Senior Center and the Clearlake Oaks United Methodist Church, said Cox. He also credited private investment by Shannon Ridge Vineyards and the High Valley Vineyards tasting room.


Also key to the town's new life was the willingness of property owners Gary Nylander and Carlton Clark, who agreed to sell their property to the county for very reasonable prices, Cox said. The properties in question, Nylander Park and Clark's Island, have been central to the county's revitalization efforts in Clearlake Oaks.


Cox gave credit to county Deputy Redevelopment Director Eric Seely and the county's Public Services Department for their efforts in Clearlake Oaks.


Margaret Medeiros, president of the Clearlake Oaks-Glenhaven Business Association, said the county's efforts on behalf of Clearlake Oaks have been “absolutely outstanding.”


She said it's wonderful to see so many projects – like Nylander Park and The Plaza – completed when so many people had said they wouldn't see the work done in their lifetimes.

 

 

 

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The Clearlake Oaks Plaza was dedicated in May of 2009 and offers a new community center. Photo by Elizabeth Larson.
 

 

 


The improvements have been a boon for the town, said Medeiros, who moved to the area 20 years ago with husband, Philip.


She's been one of the community's most active volunteers, joining the business association in 1993 and starting a Neighborhood Watch chapter in 1995, and is the treasurer for the senior center. For her efforts, Medeiros won a Stars of Lake County Award for Volunteer of the Year in 2007.


Medeiros said there is a positive attitude in the community, which comes out in force for town hall meetings and other events.


“This is a wonderful place to live,” said Medeiros.


Things are improving all around, she said.


That's seen in a variety of community efforts. On Sept. 26, community members gathered for a community cleanup day that they called the Jim Crowley Clearlake Oaks Clean Up Day in honor of a longtime Oaks resident who died earlier this year.


Bill Stone, who worked on the cleanup along with about two dozen others, said Crowley had adopted a portion of Highway 20 in the Oaks and was constantly seen picking up trash and recycling in the area.


In past years, they'd picked up numerous needles and other drug paraphernalia, but this time they found only one needle, said Medeiros, who takes that as an indication that people are taking better care of the town.


“They're appreciating the improvements that we've made here,” she said. “Everyone has a lot of pride int his community.”


She said the community still has two big projects – a clock that will be located at Nylander Park on Highway 20. The clock's total cost is $17,000, of which the business association is raising $5,000.


Then there are plans for a new senior center. Senior Center Executive Director Pat Grabham is working with the county and the community on the plan, which Medeiros said is shovel ready.


She said the new center is on the horizon. “And it will be in our lifetime,” she added.


Anyone wanting to donate to the Clearlake Oaks clock project can contact Medeiros at 707-998-9563.


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 .

 

 

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Several community members took part in the Jim Crowley Clearlake Oaks Clean Up Day on Saturday, September 26, 2009. Photo courtesy of Bill Stone.
 

CLEARLAKE – The Clearlake City Council has approved consultant and reimbursement agreements in connection with Wal-Mart's application to expand its Clearlake store.


During the meeting, held last Thursday, City Administrator Dale Neiman explained that Wal-Mart – located on Dam Road Extension off of Highway 53 – had applied in the summer of 2008 to expand the store and its grocery section by 40,000 square feet.


“We told them they had to do an environmental impact report,” said Neiman.


Last April, the city issued a request for proposals for a consulting firm to conduct the environmental impact report (EIR), Neiman said. He and planning consultant Melissa Floyd chose the firm Environmental Science Associates, whose estimate for the project is $218,997, according to city documents.


From May onward, Neiman said the city has been negotiating four separate agreements – reimbursement and project consultant agreements with Wal-Mart, and two consultant agreements.


Neiman said the city has had difficulty agreeing with Wal-Mart on indemnification terms contained within the project consultant agreement.


“If we get sued they cover the court costs and we don't,” he said. “They wanted some provisions in there that we wouldn't agree to. That took about a month and a half to resolve.”


In addition to suggesting Environmental Science Associates to complete the environmental report, Neiman said staff recommended hiring the firm Keyser Marston to do an urban decay analysis.


According to Neiman's written report to the council, the California Environmental Quality Act (CEQA) doesn't require that potential economic impacts for a project be assessed. However, a 2004 lawsuit in Kern County resulted in the state requiring an urban decay analysis to look at project impacts. Such an analysis must look at potential store closures and potential environmental impacts if the vacant space isn't leased or sold.


Councilman Roy Simons said he's never been in favor of “big box” stores for communities like Clearlake, because he's concerned about the impacts on local business. “Let the little guys live here.”


“They filed an application and by law we have to process it,” Neiman explained.


Neiman said Simons' concerns will be discussed about three to five months down the road, as the process advances.


No public comment was offered, and Council member Joyce Overton made a motion to approve the four agreements. Council member Judy Thein seconded, and the agreements were approved in a 5-0 vote.


In other council action, proclamations were presented to honor the numerous city volunteers who assist Clearlake Police, volunteer time for TV8, take part in the Planning Commission and providing other city services. A proclamation also acknowledged Red Ribbon Week this year.


The council also approved assessments on several nuisance abatement cases and approved homebuyer guidelines for the HOME Investment Partnership Program. A request by Wendy Fetzer to waive administrative fees in a nuisance abatement case was pulled by Fetzer.


After a lengthy discussion on a proposed policy for rental fees for the Highlands Senior Center and the city's parks, Neiman said he would bring back a new proposal for how to determine the fees at a future meeting.


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 .

LAKEPORT – When it meets on Tuesday the Board of Supervisors will consider extending a temporary moratorium on the opening of new medical marijuana dispensaries.


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 can be downloaded at www.co.lake.ca.us/Government/Boards/Board_of_Supervisors/BOS_Agendas.htm .


The discussion on extending the interim urgency ordinance – adopted in September – to prohibit the establishment of new medical marijuana dispensaries and enforcement actions against existing medical marijuana dispensaries in the county will take place at 10 a.m. Tuesday.


The board adopted the ordinance in response to a growing number of dispensaries and collectives opening around the county since spring, when the county began discussing how to account for the establishments under the current zoning ordinance.


Last week Community Development Director Rick Coel reported to the board that the 45-day urgency ordinance will run out on Oct. 30, and that the law allows for it to be extended for 10 months and 15 days if it can be proved that there's a current and immediate threat to public health, safety and welfare, as Lake County News has reported.


County staff is requesting that the ordinance be extended as they continue working on a draft ordinance on zoning dispensaries and collectives that's expected to be completed within the next few months.


Other items on the agenda include the following.


Timed items:


9 a.m.: Approval of consent agenda, which includes items are expected to be routine and noncontroversial. Presentation of animals that are available for adoption at the Lake County Animal Care and Control Shelter.


9:05 a.m.: Citizen's input. Any person may speak for three minutes about any subject of concern, provided that it is within the jurisdiction of the Board of Supervisors and is not already on the agenda.


9:10 a.m.: Presentation of proclamation in appreciation of Marilyn Holdenried for her dedication to the community of Kelseyville.


9:15 a.m.: Presentation by Lake Community Agency Network (Lake CAN) members regarding the cumulative impacts the state budget cuts will have on service agencies in Lake County.


9:45 a.m.: Public hearing on the proposed purchase of real property consisting of land located at 3555 Lakeshore Boulevard, Nice, CA (APN 032-135-16), the agreed purchase price is $102,000 and the seller is JP Morgan Mortgage Acquisition Corp. (Select Portfolio Servicing Inc., attorney-in-fact).


11 a.m.: Presentation of the California State Association of Counties Challenge Award to the county of Lake for the Clearlake Oaks Revitalization Project.


11:30 a.m.: Assessment appeal hearings for Renal Treatment Centers-California Inc., located at 14400 Olympic Drive, Clearlake; and William Kenna, located at 16206 34th Ave., Clearlake.


1:30 p.m.: Closed session to discuss an employee appeal of a disciplinary action.


Nontimed items:


– Supervisors’ weekly calendar, travel and reports.


– Discussion/consideration of proposed letter to federal representatives requesting funding for the protection and management of Clear Lake.


– Consideration of proposed resolution approving sales of county Proposition 1A receivables for county service areas in the Clearlake Keys, Spring Valley, Twin Lakes, Bonanza Springs and Kono Tayee; the Lake County Watershed Protection District and Kelseyville County Waterworks District No. 3.


– Discussion/consideration of proposed agreement between the county of Lake and Quincy Engineering for construction administration services for repair of storm damage site on Sulphur Bank Drive in Clearlake Oaks (not to exceed $152,200).


Consent agenda:


– Approve Minutes of the Board of Supervisors meetings held on Sept. 15, 22, Oct. 6, 13 and 20, 2009.


– Adopt Proclamation in appreciation of Marilyn Holdenried for dedication to the community of Kelseyville.


– Adopt Resolution No. _____ reappointing Anita L. Grant County Counsel for the county of Lake.


– Approve the partial non-renewal of Williamson Act Contract 84-02 that was recorded on June 30, 2009, as Document Number 2009010654 for Exhibit C, a portion of APN 005-022-08, owned by Kenneth L. Barr and authorize the Notice of Partial Non-Renewal to be recorded.


– Adopt Resolution No. _____ amending Resolution No. 2009-145 establishing position allocations to conform to the Fiscal Year 2009/2010 Final Budget, Budget Unit No. 2602 - Building and Safety

(continuing the two Building Inspector I/II position allocations with one position funded through November 30, 2009).


– Adopt Resolution No. _____ approving Amendment #1 to Agreement No. 09-0077 with the State of California, Department of Food and Agriculture increasing the agreement amount of Fiscal Year 2009/2010 from $237.76 to $261.76 for compliance with the Egg Inspection Agreement and authorizing execution thereof.


– Adopt Resolution No. _____ approving Agreement between the County of Lake and the County of Marin for Medi-Cal Administrative Activities (MAA) and Targeted Case Management (TMC) and

authorizing the Director of Health Services to sign.


– (a) Approve the distribution of the balance in the self-funded Dental/Vision fund as recommended by the Group Insurance Committee; (b) Approve Contract between the County of Lake and Ceridian as the

vendor for Flexible Spending Account (FSA) administrative services and authorize the chair to sign; and (c) Authorize the Human Resources director to notify the county’s current FSA administrator, TASC, of the county’s intention to not continue with their services at the conclusion of the 2009 FSA plan year, grace period and run out.


– Approve Amendment Two to agreement between the county of Lake and Pavement Engineering Inc. for engineering services for the design of pavement rehabilitation and drainage improvements for

State Street, Kelseyville (an increase of $5,000, total cost not to exceed $138,857.50), and authorize the chair to sign.


– Adopt Resolution No. _____ authorizing transfer of loan reserve funds in the amount of $43,000 to cover loan payment due by CSA #21 -North Lakeport.


– Approve Budget Transfer B-036 in the amount of $15,425, for the purchase of new pumps and motor for raw intake, Budget Unit No. 8462 - County Service Area #2 - Spring Valley.


The board also will hold an untimed closed session meeting for labor negotiations.


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 .

LAKEPORT – The Lakeport City Council decided Tuesday that city staff shouldn't move forward with an application seeking funding to build a new park on Alden Avenue.


Public Works Director Doug Grider took to the council the proposal to seek the grant funding under Proposition 84.


Voters passed the $5.4 billion Proposition 84 in 2006; Grider reported that it awards grants on a competitive basis to create new parks and new recreation opportunities in proximity to the state's most critically underserved communities.


His report to the council explained that Lea Passantino, who owns a six-acre property at 1411 Alden Ave., approached the Lakeport Parks and Recreation Commission in March to express her willingness to sell the land to the city for use as a park facility. The Parks and Recreation Committee agreed to forward the proposal to the council.


Passantino told city officials that the property is valued at $750,000, but she was willing to sell it for $375,000, Grider said.


Grider said there is $368 million available, with the first round of funding offering $184 million. The application deadline falls on March 1, 2010. The grant awards will be announced by September 2010.


He said the minimum grant request is $100,000, while the maximum is $5 million under the grant guidelines.


Grider said the state wanted an application for a completed park, for which it would pay all expenses. He envisioned a low-maintenance park kept in its natural, riparian state, with a walking trail, exercise stations, picnic and restroom facility that would take advantage of the property's large shady oak canopy.


The funding also would help extend Alden Avenue up through the property, he said.


No playground was planned, as Grider said the idea was that it would serve a maturing population which wants to exercise and walk in a safe outdoor environment.


Mayor Ron Bertsch said the general plan already includes more than 60 acres of parks. He said that pencils out to about 12 acres of parkland for every 1,000 residents, which is twice the five-acre state average.


Bertsch said buying additional parkland didn't make sense to him.


Grider said only the land Passantino was willing to sell qualified for the park funding, and he suggested that it could be used to mitigate development over the next decade.


Bertsch asked who would maintain the property. Grider said there would be no lawn and only trash and bathroom maintenance required. He said he wanted to see the proposed park have LED lights, which would reduce the lighting bill.


Council member Suzanne Lyons said she and her husband went to look at the land. Originally she had reservations about the idea, but after looking the land over she said she thought the park would be very nice.


Bertsch said he was concerned about losing revenue from property tax, as the city's housing element envisions 30 houses on that property. He said that, looking at the tax base, that property should have houses built on it.


Councilman Roy Parmentier pointed out that property tax and development fees from the homes will never pay for building the rest of Alden Avenue.


Councilman Bob Rumfelt said that while the council can get fired up about the idea, they still have to put in an application and get selected. “If you don't do it, nothing will ever come out of it,” he said.


Concerns about staffing levels were brought up by Councilman Jim Irwin, who said he's heard the department is short of both money and employees.


Lyons pointed out that the department's tight resources won't go on forever, and Rumfelt agreed.


Big cities, Lyons added, are complaining that they don't have enough parks, and it's hard to reclaim land for parks once development happens.


Bertsch said it would take a lot of staff time to do the application. Grider agreed that some staff time would be needed, and he has set aside some money for consulting on the project.


The proposal would be a great idea if they really needed it, said Bertsch, noting the time it has taken to advance Westside Community Park.


Grider said he felt a strong obligation to bring the opportunity to the council. He said this is the only time he's seen the chance for funding for an entire facility, from start to finish, rather than small chunks of money and no matching funds.


Lyons moved to authorize the staff to proceed on the application, with Rumfelt seconding. The motion failed, with Lyons and Rumfelt voting for it and Parmentier, Bertsch and Irwin voting against it.


In other council news, new school resource officer Stephanie Green, who has been hired by the Lakeport Police Department, received the oath of office, and Grider said he and Kevin Burke, the city's police chief and interim city manager, were working to figure out how to coordinate street closures to allow for Lakeport Elementary's Halloween parade and Clear Lake High School's Homecoming parade, with both fall on Oct. 30 this year.


The council also voted to approve selling Proposition 1A receivables from the state and to approve an agreement with a consultant for a housing program; they approved a resolution supporting a proposed Lakeport location for the new Mendocino College campus; and voted to open up a right-of-way improvement loan program to help a property owner remove an underground storage tank found during excavations during a city sidewalk project.


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 .

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